Journal №3 (31) vol. 4 / 2020|KELM

LIST OF FILES

ORGANIZATIONAL AND STAFFING STRUCTURE OF THE NATIONAL POLICE, AS AN IMPORTANT FACTOR IN THE FORMATION OF ITS LEADERSHIP

Oleksandr Anokhin

applicant Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-1255-0920

Anotation. The relevance of the article is that the creation of the National Police of Ukraine was a significant step towards the formation of our country as a modern, socially oriented, focused on cooperation with the European and world communities state. At the same time, ensuring the functioning of this central body of executive power requires a meaningful definition of its administrative and legal status. The article, based on the analysis of scientific views of scientists, formed the author's interpretation of the organizational and staffing structure of the National Police of Ukraine. The provisions of the current legislation are revealed, in the provisions of which the relevant organizational and staffing structure is fixed. It is noted that the composition of its officials directly depends on the organizational structure of the police. The generalization of scientific opinions of scientists made it possible to formulate the author's vision of understanding the concept of "official of the National Police".
Keywords: The relevance of the article is that the creation of the National Police of Ukraine was a significant step towards the formation of our country as a modern, socially oriented, focused on cooperation with the European and world communities state. At the same time, ensuring the functioning of this central body of executive power requires a meaningful definition of its administrative and legal status. The article, based on the analysis of scientific views of scientists, formed the author's interpretation of the organizational and staffing structure of the National Police of Ukraine. The provisions of the current legislation are revealed, in the provisions of which the relevant organizational and staffing structure is fixed. It is noted that the composition of its officials directly depends on the organizational structure of the police. The generalization of scientific opinions of scientists made it possible to formulate the author's vision of understanding the concept of "official of the National Police".

TO THE PROBLEM OF DETERMINING THE NATURE AND TYPES OF MORAL INCENTIVES FOR POLICE OFFICERS

Sergey Balyk

applicant of the Department of Legal Support of Economic activities of the Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0002-8130-5914

Anotation. The article, based on the analysis of scientific views of scientists, reveals the general theoretical approaches to the interpretation of the concept of "moral encouragement". The author's vision on the interpretation of the concept of moral incentives for police officers is offered, as well as its specific properties are characterized. It is emphasized that moral incentives play an important role in the system of incentives for police officers. It is concluded that today there are a large number of moral incentives applied to employees of the National Police of Ukraine, which indicates the fact that the latter play a significant role in the system of incentives for the studied category of employees. In view of the above, moral incentives should be divided into the following groups: 1) according to the subjective criterion: a) incentives provided by the National Police of Ukraine; b) encouragement of the Ministry of Internal Affairs; c) incentives applied by the direct heads of bodies and subdivisions of the National Police; 2) according to the form of application of incentives: awarding distinctions, diplomas, thanks, inscription on the board of honor, etc.
Keywords: The article, based on the analysis of scientific views of scientists, reveals the general theoretical approaches to the interpretation of the concept of "moral encouragement". The author's vision on the interpretation of the concept of moral incentives for police officers is offered, as well as its specific properties are characterized. It is emphasized that moral incentives play an important role in the system of incentives for police officers. It is concluded that today there are a large number of moral incentives applied to employees of the National Police of Ukraine, which indicates the fact that the latter play a significant role in the system of incentives for the studied category of employees. In view of the above, moral incentives should be divided into the following groups: 1) according to the subjective criterion: a) incentives provided by the National Police of Ukraine; b) encouragement of the Ministry of Internal Affairs; c) incentives applied by the direct heads of bodies and subdivisions of the National Police; 2) according to the form of application of incentives: awarding distinctions, diplomas, thanks, inscription on the board of honor, etc.

THEORETICAL AND METHODOLOGICAL APPROACHES TO DEFINING THE CONCEPT AND CONTENT OF POLICE PROTECTION

Oleksandr Bachynskyi

applicant for the Department of Legal Support economic activity Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0003-0172-0225

Anotation. The purpose of the article is to define the concept and disclose the content of labor protection of employees of the National Police of Ukraine. The article, based on the analysis of scientific views of scientists and the norms of current legislation, examines the theoretical and methodological approaches to the interpretation of the concept of labor protection. The author's definition of the concept of labor protection of police officers is offered. The socio-economic and political importance of police protection is substantiated. The key elements of labor protection of the National Police of Ukraine through which its content is revealed are highlighted.
Keywords: The purpose of the article is to define the concept and disclose the content of labor protection of employees of the National Police of Ukraine. The article, based on the analysis of scientific views of scientists and the norms of current legislation, examines the theoretical and methodological approaches to the interpretation of the concept of labor protection. The author's definition of the concept of labor protection of police officers is offered. The socio-economic and political importance of police protection is substantiated. The key elements of labor protection of the National Police of Ukraine through which its content is revealed are highlighted.

CHARACTERISTICS OF PENALTIES IMPOSED FOR ADMINISTRATIVE OFFENSES IN THE FIELD OF CIRCULATION OF EXCISABLE GOODS

Victor Bernadin

postgraduate public management and administration National Academy of Internal Affairs

ORCID ID: 0000-0002-1345-7587

Anotation. The article examines the existing system of penalties imposed when committing administrative offenses in the sphere of circulation of excisable goods, the responsibility for which is established by the Code of Ukraine on Administrative Offenses and the Customs Code of Ukraine. It is established that when committing this type of violations, only moral and material penalties are applied, namely: warning, fine and confiscation. The peculiarity of the administrative responsibility for committing the above offenses is that such an administrative penalty as a penalty can be applied in the commission of any of them. It is proposed to amend the Code of Ukraine on Administrative Offenses to eliminate legal conflicts when applying such administrative penalties as forfeiture. The article stipulates that Article 24 (1) of the of Ukraine on Administrative Offenses stipulates that the confiscation may be subject to any objects, irrespective of whether they are the property of the person who committed the offense.
Keywords: The article examines the existing system of penalties imposed when committing administrative offenses in the sphere of circulation of excisable goods, the responsibility for which is established by the Code of Ukraine on Administrative Offenses and the Customs Code of Ukraine. It is established that when committing this type of violations, only moral and material penalties are applied, namely: warning, fine and confiscation. The peculiarity of the administrative responsibility for committing the above offenses is that such an administrative penalty as a penalty can be applied in the commission of any of them. It is proposed to amend the Code of Ukraine on Administrative Offenses to eliminate legal conflicts when applying such administrative penalties as forfeiture. The article stipulates that Article 24 (1) of the of Ukraine on Administrative Offenses stipulates that the confiscation may be subject to any objects, irrespective of whether they are the property of the person who committed the offense.

PROSPECTS FOR THE DEVELOPMENT OF CRIMINAL PROCEDURE LAW IN UKRAINE AS A SOURCE OF LAW

Artur Buhaichuk

aspirant of the Department of Criminal Procedure and criminalistics, University of the State Fiscal Service of Ukraine (Kiev, Ukraine)

ORCID ID: 0000-0002-6406-1967

Anotation. The article considers the law as a source of Criminal procedure law in the context of the prospects for its development in Ukraine. The Criminal procedure law is compared with the Criminal Procedure Code and, based on historical excursion and foreign experience, its place in the system of sources of Criminal procedure law is determined. The Criminal Procedure Code is understood as an internal form of the Criminal procedure law, which provides legal regulation of criminal proceedings caused by a criminal offense, the implementation in it of the rights and obligations of subjects of criminal procedural legal relations. The monitoring of problematic issues of the Criminal procedure law, which are indicated in strategic state documents, discussed by scientists, practitioners and the public, allowed the author to form a vision of promising areas for its improvement. The criteria for monitoring collisions and blanks in the legislative support of Criminal Procedural relations and outlining the prospects for the development of the Criminal Procedural Law are named.
Keywords: The article considers the law as a source of Criminal procedure law in the context of the prospects for its development in Ukraine. The Criminal procedure law is compared with the Criminal Procedure Code and, based on historical excursion and foreign experience, its place in the system of sources of Criminal procedure law is determined. The Criminal Procedure Code is understood as an internal form of the Criminal procedure law, which provides legal regulation of criminal proceedings caused by a criminal offense, the implementation in it of the rights and obligations of subjects of criminal procedural legal relations. The monitoring of problematic issues of the Criminal procedure law, which are indicated in strategic state documents, discussed by scientists, practitioners and the public, allowed the author to form a vision of promising areas for its improvement. The criteria for monitoring collisions and blanks in the legislative support of Criminal Procedural relations and outlining the prospects for the development of the Criminal Procedural Law are named.

WEAKNESSES AND PROBLEMS OF LEGAL REGULATION OF PROFESSIONAL DEVELOPMENT OF OTHER EMPLOYEES OF JUDICIAL BODIES

Volodymyr Vitruk

postgraduate student of the Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-6793-188X

Anotation. The relevance of the article lies in the fact that when analyzing the problems of legal regulation of the professional development of employees of judicial bodies, it is first of all necessary to take into account that the concept of "employee of a judicial body" encompasses several groups of employees at the same time, whose professional development is regulated by various regulatory and legal acts. In the article the problems of legal regulation of the professional development of other employees of judicial bodies are analyzed. The shortcomings of the current state of such legal regulation are pointed out. Peculiarities of legal regulation of professional development of other employees of judicial bodies in foreign countries are studied. Gaps in the current labor legislation in the specified area are indicated.
Keywords: The relevance of the article lies in the fact that when analyzing the problems of legal regulation of the professional development of employees of judicial bodies, it is first of all necessary to take into account that the concept of "employee of a judicial body" encompasses several groups of employees at the same time, whose professional development is regulated by various regulatory and legal acts. In the article the problems of legal regulation of the professional development of other employees of judicial bodies are analyzed. The shortcomings of the current state of such legal regulation are pointed out. Peculiarities of legal regulation of professional development of other employees of judicial bodies in foreign countries are studied. Gaps in the current labor legislation in the specified area are indicated.

THEORETICAL AND APPLIED PROBLEMS OF INTRODUCTION OF INTERNATIONAL STANDARDS IN THE FIELD OF STAFFING OF POLICE BODIES

Kostiantyn Harbuziuk

Dean of the Faculty of Kharkiv 2 National University of Internal Affairs, Doctor of Law (Kharkiv, Ukraine)

ORCID ID: 0000-0002-6714-5074

Anotation. The article, based on the analysis of scientific views of scientists, as well as the norms of national and international law, emphasizes that today there are enough obstacles to the proper implementation of international standards in the field of police staffing. The most perspective directions of introduction of the international standards in the field of staffing of police bodies in the domestic realities are worked out. It is concluded that today in Ukraine there are enough obstacles for the proper implementation of international standards in the field of police staffing. Existing shortcomings in the organizational and legal field, problems in the administrative, educational and cultural spheres create favorable conditions for discrimination, corruption and abuse of power in the field of personnel, ie those phenomena that are recognized by the international community as extremely dangerous and unacceptable. the efforts of both the designated international community and its individual members (states, organizations, etc.) should be directed.
Keywords: The article, based on the analysis of scientific views of scientists, as well as the norms of national and international law, emphasizes that today there are enough obstacles to the proper implementation of international standards in the field of police staffing. The most perspective directions of introduction of the international standards in the field of staffing of police bodies in the domestic realities are worked out. It is concluded that today in Ukraine there are enough obstacles for the proper implementation of international standards in the field of police staffing. Existing shortcomings in the organizational and legal field, problems in the administrative, educational and cultural spheres create favorable conditions for discrimination, corruption and abuse of power in the field of personnel, ie those phenomena that are recognized by the international community as extremely dangerous and unacceptable. the efforts of both the designated international community and its individual members (states, organizations, etc.) should be directed.

COMPETENCE OF THE EXPERT SERVICE OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

Victoria Gorbonos

graduate student of Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0003-3131-4994

Anotation. It is emphasized that improving the efficiency of public authorities and local self-government is always the defining goal of any reform, be it health care reform or forensic research. Therefore, when reforming a specific body - the Expert Service of the Ministry of Internal Affairs of Ukraine, it is advisable to take into account the specifics of its administrative and legal status, to determine the possibility of reviewing its structural structure, scope of powers and activities. According to the results of the study of the competence (powers and functions) of the Expert Service of the Ministry of Internal Affairs of Ukraine, the lack of legal consolidation was stated, which, in turn, eliminates the possibility of establishing its clear competence, which negatively affects the administrative status may affect the outcome of the legal relationship, one of the participants of which is such a Service.
Keywords: It is emphasized that improving the efficiency of public authorities and local self-government is always the defining goal of any reform, be it health care reform or forensic research. Therefore, when reforming a specific body - the Expert Service of the Ministry of Internal Affairs of Ukraine, it is advisable to take into account the specifics of its administrative and legal status, to determine the possibility of reviewing its structural structure, scope of powers and activities. According to the results of the study of the competence (powers and functions) of the Expert Service of the Ministry of Internal Affairs of Ukraine, the lack of legal consolidation was stated, which, in turn, eliminates the possibility of establishing its clear competence, which negatively affects the administrative status may affect the outcome of the legal relationship, one of the participants of which is such a Service.

THE PROCEDURE FOR CONCLUDING AND CHANGING EMPLOYMENT CONTRACTS WITH TEMPORARY EMPLOYEES

Oleksandr Husarov

head of Pecheneg OTG, doctoral student of Kharkiv National University of Internal Affairs, candidate of legal sciences (Kharkiv, Ukraine)

ORCID ID: 0000-0001-7493-1789

Anotation. The article, based on the analysis of the scientific views of scientists and the norms of the current legislation, describes the procedure for concluding labor contracts with temporary workers. The peculiarities of changing the terms of the employment contract with the category of employees studied in the article are revealed. It was concluded that the peculiarities of concluding and changing employment contracts with temporary employees include the following: labor relations that arise in the process and after the signing of the employment contract are tripartite in nature: the employee-employment agency (or the main employer) is the employer who uses hired labor; changing the essential conditions of the employment contract, transferring and moving employees must be carried out not only with the consent of the employee, but also with the employment agency; thirdly, the termination of relations between employees and the customer does not always lead to the termination of the employment relationship between the employee and the employment agency; fourthly, when regulating the conclusion and change of employment relationships with temporary employees, the norms of labor and civil law are closely intertwined. However, the first ones certainly have a priority role and importance.
Keywords: The article, based on the analysis of the scientific views of scientists and the norms of the current legislation, describes the procedure for concluding labor contracts with temporary workers. The peculiarities of changing the terms of the employment contract with the category of employees studied in the article are revealed. It was concluded that the peculiarities of concluding and changing employment contracts with temporary employees include the following: labor relations that arise in the process and after the signing of the employment contract are tripartite in nature: the employee-employment agency (or the main employer) is the employer who uses hired labor; changing the essential conditions of the employment contract, transferring and moving employees must be carried out not only with the consent of the employee, but also with the employment agency; thirdly, the termination of relations between employees and the customer does not always lead to the termination of the employment relationship between the employee and the employment agency; fourthly, when regulating the conclusion and change of employment relationships with temporary employees, the norms of labor and civil law are closely intertwined. However, the first ones certainly have a priority role and importance.

REGULATORY AND LEGAL SECURITY INDEPENDENCE OF JUDGES IN UKRAINE

Maksym Danylevskyi

Postgraduate student of the Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-0192-1172

Anotation. The relevance of the article is that every government that came to Ukrainian society in a certain period by all legal and illegal methods tried to subjugate the judiciary. However, the judiciary and society have tried to counter this and create a new independent system that meets all modern standards. The purpose of the article is to analyze the norms of national and international law, comprehensively explore the legal framework for the independence of judges in Ukraine. The article defines the legal support for the independence of judges in Ukraine combines the norms of constitutional, administrative, judicial and specialized and international legislation, which comprehensively define and guarantee the standards of the judicial system in which the independence of judges must be ensured at the highest level in order to create all conditions for objective, independent and fair justice.
Keywords: The relevance of the article is that every government that came to Ukrainian society in a certain period by all legal and illegal methods tried to subjugate the judiciary. However, the judiciary and society have tried to counter this and create a new independent system that meets all modern standards. The purpose of the article is to analyze the norms of national and international law, comprehensively explore the legal framework for the independence of judges in Ukraine. The article defines the legal support for the independence of judges in Ukraine combines the norms of constitutional, administrative, judicial and specialized and international legislation, which comprehensively define and guarantee the standards of the judicial system in which the independence of judges must be ensured at the highest level in order to create all conditions for objective, independent and fair justice.

SAFETY AND QUALITY OF FOOD PRODUCTS AS AN OBJECT OF ADMINISTRATIVE AND LEGAL REGULATION

Anastasiia Danyliuk

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

ORCID ID: 0000-0002-4412-4116

Anotation. The article is devoted to disclosure essence of the object component administrative-legal regulation food safety and quality in Ukraine. It is determined that the object component of administrative-legal regulation food safety and quality in Ukraine is legally defined, however, there is a controversy in determining the category of food quality. As a legal phenomenon, administrative-legal regulation food safety and quality in Ukraine is defined as a system of measures and methods influencing subjects of production, sale and/or circulation of food products, applied by the public administration in order to ensure the safety and quality of food and health care. An analysis of regulations and scientific sources made it possible to determine the safety and quality of food products as an object of administrative and legal regulation in the following form: these are public relations in the areas of food and public health protection that arise between authorities, business entities and consumers for the production, circulation, consumption of safe and quality food, and the settlement of which is based on the need to ensure the protection of life, an adequate level of protection of human health, the country's economy and global civilizational development.
Keywords: The article is devoted to disclosure essence of the object component administrative-legal regulation food safety and quality in Ukraine. It is determined that the object component of administrative-legal regulation food safety and quality in Ukraine is legally defined, however, there is a controversy in determining the category of food quality. As a legal phenomenon, administrative-legal regulation food safety and quality in Ukraine is defined as a system of measures and methods influencing subjects of production, sale and/or circulation of food products, applied by the public administration in order to ensure the safety and quality of food and health care. An analysis of regulations and scientific sources made it possible to determine the safety and quality of food products as an object of administrative and legal regulation in the following form: these are public relations in the areas of food and public health protection that arise between authorities, business entities and consumers for the production, circulation, consumption of safe and quality food, and the settlement of which is based on the need to ensure the protection of life, an adequate level of protection of human health, the country's economy and global civilizational development.

THE ESSENCE AND SIGNS OF THE STATE AS A SUBJECT OF SOCIAL SECURITY LAW

Oleg Denega

Candidate of Law, PhD student Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0003-0919-686X

Anotation. The state social security system is gradually becoming a mechanism in which the main actors are the state, individuals and employers. If the essence of the two roles of the last two categories in social security law is constantly studied at the scientific level, the state remains a subject, the concept, essence and features of which as a subject of social security law are uncertain and generally characterized by low doctrinal attention. All this indicates the need to fill this theoretical gap, as well as the relevance of research on issues related to social security law in modern conditions.
Keywords: The state social security system is gradually becoming a mechanism in which the main actors are the state, individuals and employers. If the essence of the two roles of the last two categories in social security law is constantly studied at the scientific level, the state remains a subject, the concept, essence and features of which as a subject of social security law are uncertain and generally characterized by low doctrinal attention. All this indicates the need to fill this theoretical gap, as well as the relevance of research on issues related to social security law in modern conditions.

ADMINISTRATIVE AND PROCEDURAL STATUS OF ADMINISTRATIVE JUDICIARY

Nazar Dybets

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

ORCID ID: 0000-0003-3121-9839

Anotation. The relevance of the article is that status is one of the leading categories of legal regulation. The status of participants in any process acquires procedural characteristics, and the procedural status of the subjects of administrative justice is no exception, which in the context of judicial reform acquires specific characteristics. The purpose of the article is to analyze the administrative-procedural norms and scientific-theoretical positions of scientists to determine the administrative-procedural status of the subjects of administrative proceedings. The article defines the administrative-procedural status of the subjects of administrative proceedings as the legal and procedural status of participants in specific administrative proceedings, including the procedure and grounds for acquiring administrative legal personality, rights and obligations of participants in the process, legal conditions of liability in case of procedural violations legislation for the proper administration of administrative justice.
Keywords: The relevance of the article is that status is one of the leading categories of legal regulation. The status of participants in any process acquires procedural characteristics, and the procedural status of the subjects of administrative justice is no exception, which in the context of judicial reform acquires specific characteristics. The purpose of the article is to analyze the administrative-procedural norms and scientific-theoretical positions of scientists to determine the administrative-procedural status of the subjects of administrative proceedings. The article defines the administrative-procedural status of the subjects of administrative proceedings as the legal and procedural status of participants in specific administrative proceedings, including the procedure and grounds for acquiring administrative legal personality, rights and obligations of participants in the process, legal conditions of liability in case of procedural violations legislation for the proper administration of administrative justice.

PERSON OF CRIMINAL OF CORRUPTION CRIMES IN THE FIELD OF OFFICIAL ACTIVITIES AND PROFESSIONAL ACTIVITIES RELATED TO THE PROVISION OF PUBLIC SERVICES

Yuliia Doroshenko

аспірант Харківського національного університету внутрішніх справ (Харків, Україна)

ORCID ID: 0000-0001-7622-2636

Anotation. The article analyzes the identity of the perpetrator of corruption crimes in the sphere of official activity and professional activity related to the provision of public services. It was emphasized that a significant number of persons who committed corruption crimes in the sphere of official activity and professional activity related to the provision of public services, held high positions, titles, were awarded state awards and weapons. It is emphasized that the personality of the offender is characterized by a system of traits that together determine the person who commits any crime, various aspects of its social existence and life practices related to illegal behavior.
Keywords: The article analyzes the identity of the perpetrator of corruption crimes in the sphere of official activity and professional activity related to the provision of public services. It was emphasized that a significant number of persons who committed corruption crimes in the sphere of official activity and professional activity related to the provision of public services, held high positions, titles, were awarded state awards and weapons. It is emphasized that the personality of the offender is characterized by a system of traits that together determine the person who commits any crime, various aspects of its social existence and life practices related to illegal behavior.

COMPARATIVE ANALYSIS OF REGULATORY ACTIVITIES IN DIFFERENT COUNTRIES

Volodymyr Zaverukha

candidate of the Department of Administrative Law Interregional Academy of Personnel Management (Kyiv, Ukraine)

ORCID ID: 0000-0001-9108-6267

Anotation. The relevance of the article is that today the implementation of rule-making activities plays an important role in the functioning of any state. After all, there is no state in which legal norms are not created. However, the implementation of rule-making activities in each state has certain features that are determined by certain factors. Finding out these factors is both theoretical and practical. The article analyzes and compares the implementation of normative activity in different states. A description of the implementation of normative activity is given, depending on the legal family to which the state belongs. The implementation of normative activity is analyzed, depending on the structure of the legislative body. Compares the implementation of normative activities depending on the form of government, state structure, state (political) regime. It is concluded that rule-making activities in different countries are carried out differently, but there are characteristics that are common to the implementation of these activities.
Keywords: The relevance of the article is that today the implementation of rule-making activities plays an important role in the functioning of any state. After all, there is no state in which legal norms are not created. However, the implementation of rule-making activities in each state has certain features that are determined by certain factors. Finding out these factors is both theoretical and practical. The article analyzes and compares the implementation of normative activity in different states. A description of the implementation of normative activity is given, depending on the legal family to which the state belongs. The implementation of normative activity is analyzed, depending on the structure of the legislative body. Compares the implementation of normative activities depending on the form of government, state structure, state (political) regime. It is concluded that rule-making activities in different countries are carried out differently, but there are characteristics that are common to the implementation of these activities.

CRITERIA, INDICATORS AND LEVELS OF FORMATION OF PROFESSIONAL COMPETENCE OF FUTURE PRICE POLICE OFFICERS

Margarita Zadorozhna

graduate student of Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0003-1814-7273

Anotation. The provisions of the scientific article cover the criteria, indicators and levels of professional competence of future police officers. Theoretical analysis of the concept "criteria, indicators and levels of professional competence", "professional competence" is presented. The main content of each of the concepts is revealed. Emphasis is placed on the peculiarities of the formation of professional competence of future police officers in the process of studying professional disciplines. Based on the analysis of scientific research, we have identified the following criteria for the criteria of formation of professional competence of future police officers: cognitive, communicative, operational, personal.
Keywords: The provisions of the scientific article cover the criteria, indicators and levels of professional competence of future police officers. Theoretical analysis of the concept "criteria, indicators and levels of professional competence", "professional competence" is presented. The main content of each of the concepts is revealed. Emphasis is placed on the peculiarities of the formation of professional competence of future police officers in the process of studying professional disciplines. Based on the analysis of scientific research, we have identified the following criteria for the criteria of formation of professional competence of future police officers: cognitive, communicative, operational, personal.

SYSTEM OF PRINCIPLES OF CRIMINAL LIABILITY OF THE EMPLOYER FOR VIOLATIONS OF LABOR LAW

Marina Zubrytska

postgraduate student of the Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-6893-1786

Anotation. In the article the system of principles of criminal liability of the employer for violation of labor legislation is analyzed. In the author's classification, the division into general and special principles is given. The essence and specifics of each of the principles of criminal liability of the employer for violation of labor legislation are characterized. The content and meaning of each of the principles is revealed in turn. It was concluded that the principle of criminal responsibility for bringing an employer to justice for a specific criminal offense in the labor sphere is revealed only once due to the prohibition of repeated, additional, renewed punishment for the employer for the same actions that have already been considered in court and in respect of which a decision was made: imposition of a criminal sentence, which the employer is already serving or has already served; closure of criminal proceedings due to lack of composition of a criminal offense (provided there is no new evidence in the case).
Keywords: In the article the system of principles of criminal liability of the employer for violation of labor legislation is analyzed. In the author's classification, the division into general and special principles is given. The essence and specifics of each of the principles of criminal liability of the employer for violation of labor legislation are characterized. The content and meaning of each of the principles is revealed in turn. It was concluded that the principle of criminal responsibility for bringing an employer to justice for a specific criminal offense in the labor sphere is revealed only once due to the prohibition of repeated, additional, renewed punishment for the employer for the same actions that have already been considered in court and in respect of which a decision was made: imposition of a criminal sentence, which the employer is already serving or has already served; closure of criminal proceedings due to lack of composition of a criminal offense (provided there is no new evidence in the case).

TO CHARACTERIZE THE STATE OF LEGAL REGULATION OF THE IMPLEMENTATION OF ADMINISTRATIVE PROCEDURES IN THE FIELD OF PROTECTION OF THE RIGHTS OF CIVIL SERVANTS FROM ILLEGAL DISMISSAL

Olga Kashpur

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

ORCID ID: 0000-0002-1316-2854

Anotation. The purpose of the article is to provide an assessment and characterize the state of legal regulation of the implementation of administrative procedures in the field of protection of civil servants' rights against illegal dismissal. The article analyzes the scientific approaches to the concepts of "procedure", "administrative procedure", on the basis of which the author's definition of administrative procedures in the field of protection of the rights of civil servants from illegal dismissal is offered. The normative legal acts regulating the labor activity of civil servants in general have been considered. The key factors that characterize the state and features of the legal regulation of the implementation of administrative procedures in the field of protection of the rights of civil servants from illegal dismissal have been identified.
Keywords: The purpose of the article is to provide an assessment and characterize the state of legal regulation of the implementation of administrative procedures in the field of protection of civil servants' rights against illegal dismissal. The article analyzes the scientific approaches to the concepts of "procedure", "administrative procedure", on the basis of which the author's definition of administrative procedures in the field of protection of the rights of civil servants from illegal dismissal is offered. The normative legal acts regulating the labor activity of civil servants in general have been considered. The key factors that characterize the state and features of the legal regulation of the implementation of administrative procedures in the field of protection of the rights of civil servants from illegal dismissal have been identified.

CLASSIFICATION OF CRIMINALISTIC DOCUMENT MANAGEMENT METHODS FOR ESTABLISHING REGULATIONS FOR THE PRODUCTION OF DOCUMENTS

Konstantin Kovalov

Deputy Director, State Scientific Research Forensic Centre, MIA of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0003-1964-9283

Anotation. In the development of the position of some scientists concerning the classification of methods in forensic examination, the author draws conclusions about the classification of certain types of special methods, which allow obtaining an objective and reliable result in the study of objects related to the competence of document experts. At the same time, the basis is the classification compiled by the Ukrainian forensic scientist V. Lisichenko and supported by M. Saltevsky and other scientists. The classification proposed by the author constitutes on the degree of community and subordination, taking into account the following grounds: by purpose; by the type and nature of the studied properties; on the action on the object of research; by the mechanism of application; by branches of science in which the method was developed. The author's classification of the methods used in the examination of establishing the prescription of a document, given in the article, will allow the expert to form a phased plan for an expert study and ensure a reasonable and reliable result.
Keywords: In the development of the position of some scientists concerning the classification of methods in forensic examination, the author draws conclusions about the classification of certain types of special methods, which allow obtaining an objective and reliable result in the study of objects related to the competence of document experts. At the same time, the basis is the classification compiled by the Ukrainian forensic scientist V. Lisichenko and supported by M. Saltevsky and other scientists. The classification proposed by the author constitutes on the degree of community and subordination, taking into account the following grounds: by purpose; by the type and nature of the studied properties; on the action on the object of research; by the mechanism of application; by branches of science in which the method was developed. The author's classification of the methods used in the examination of establishing the prescription of a document, given in the article, will allow the expert to form a phased plan for an expert study and ensure a reasonable and reliable result.

CERTAIN PROBLEMS OF LEGISLATIVE REGULATION OF PUBLIC CONTROL OF THE POLICE

Alona Komzіuk

lecturer at the Department of Administrative Law and Procedure of Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0002-2615-103Х

Anotation. The article defines the essence of public control in public administration and the peculiarities of its implementation in relation to the activities of the National Police of Ukraine. It is emphasized that public control can be recognized as control only conditionally, it is a kind of «quasi-control», because its subjects have no control (in the classical sense) powers, including the right to interfere in the operational activities of public administration, the right to prosecute, the results of their activities are mainly of a recommendatory nature. The system of normative and legal regulation of public control of the police is outlined, it is concluded that the Law of Ukraine «On the National Police» defines the forms of public control over police activities, their list should be supplemented by other forms, such as public discussion draft decisions, coverage of police activities in the media, taking into account public opinion to evaluate its activities, etc.
Keywords: The article defines the essence of public control in public administration and the peculiarities of its implementation in relation to the activities of the National Police of Ukraine. It is emphasized that public control can be recognized as control only conditionally, it is a kind of «quasi-control», because its subjects have no control (in the classical sense) powers, including the right to interfere in the operational activities of public administration, the right to prosecute, the results of their activities are mainly of a recommendatory nature. The system of normative and legal regulation of public control of the police is outlined, it is concluded that the Law of Ukraine «On the National Police» defines the forms of public control over police activities, their list should be supplemented by other forms, such as public discussion draft decisions, coverage of police activities in the media, taking into account public opinion to evaluate its activities, etc.

OPERATIVE AND INVESTIGATIVE CHARACTERISTICS OF CRIMINAL OFFENSES COMMITTED BY ORGANIZED GROUPS AND CRIMINAL ORGANIZATIONS

Valentin Kopaev

laureate of the National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0003-2039-9590

Anotation. The article defines that the operational-investigative characteristics of criminal offenses committed by organized groups and criminal organizations is a set of operationally significant signs about their participants, motives, the object of the offense, the environment, to determine the main forms and methods of commission, to model the illegal behavior of persons suspected of their commission, outline the spheres of operational search, directions and tactical methods of implementation of operational-investigative measures, which are important for the prevention, detection and investigation of such acts and do not duplicate the content of criminological, criminological, criminal-legal, and constitute an independent type of complex operational-investigative characteristics, as it highlights those aspects, specific signs and features of criminal offenses committed by organized groups and criminal organizations that are not reflected in other characteristics.
Keywords: The article defines that the operational-investigative characteristics of criminal offenses committed by organized groups and criminal organizations is a set of operationally significant signs about their participants, motives, the object of the offense, the environment, to determine the main forms and methods of commission, to model the illegal behavior of persons suspected of their commission, outline the spheres of operational search, directions and tactical methods of implementation of operational-investigative measures, which are important for the prevention, detection and investigation of such acts and do not duplicate the content of criminological, criminological, criminal-legal, and constitute an independent type of complex operational-investigative characteristics, as it highlights those aspects, specific signs and features of criminal offenses committed by organized groups and criminal organizations that are not reflected in other characteristics.

INTERACTIVE METHODS AS A MEANS OF PROFESSIONAL RESPONSIBILITY FORMATION OF FUTURE POLICE OFFICERS

Hanna Kudriavtseva

Postgraduate student of the Department of Sociology and Psychology Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0003-1114-7273

Anotation. The aim of the article is to analyze the experience of using interactive methods and forms of education and justify their didactic capabilities in the formation of professional responsibility of future police officers while studying in higher education institutions with specific learning conditions. The article defines the essence of the concept "professional responsibility" in the context of a police officer professional activity. The necessity of professional responsibility formation as a personal phenomenon of a future police officer while studying at the higher educational institution is substantiated. The complex of interactive methods and forms of training and a technique of their realization for the purpose of cadets’ professional responsibility formation is defined.
Keywords: The aim of the article is to analyze the experience of using interactive methods and forms of education and justify their didactic capabilities in the formation of professional responsibility of future police officers while studying in higher education institutions with specific learning conditions. The article defines the essence of the concept "professional responsibility" in the context of a police officer professional activity. The necessity of professional responsibility formation as a personal phenomenon of a future police officer while studying at the higher educational institution is substantiated. The complex of interactive methods and forms of training and a technique of their realization for the purpose of cadets’ professional responsibility formation is defined.

LEGAL REGULATION OF PRECAUTIONARY MEASURES OF ANTI-DRUG CRIME UNITS OF THE NATIONAL POLICE OF UKRAINE

Viacheslav Kuzyk

applicant Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-4719-3881

Anotation. The article analyzes the normative legal acts on the preventive activities of the units of countering drug crime of the National Police of Ukraine and identifies the main directions of improving the legal regulation of this activity. It was proposed to develop and adopt: 1) legislative acts defining general principles of combating crime and prevention of alcoholism, drug addiction and substance abuse; 2) comprehensive regional programs for the prevention of illicit trafficking in narcotic drugs, psychotropic substances, their analogues and precursors; 3) a normative legal act of the Ministry of Internal Affairs of Ukraine, which would regulate the activities of the criminal police in general and its individual operational units for the prevention of criminal offenses; 4) a normative legal act of the National Police of Ukraine, which would regulate the structural and functional structure of the unit for combating drug crime, its main tasks and functions, the general foundations of the activities of this unit to counter drug crime, including preventing it.
Keywords: The article analyzes the normative legal acts on the preventive activities of the units of countering drug crime of the National Police of Ukraine and identifies the main directions of improving the legal regulation of this activity. It was proposed to develop and adopt: 1) legislative acts defining general principles of combating crime and prevention of alcoholism, drug addiction and substance abuse; 2) comprehensive regional programs for the prevention of illicit trafficking in narcotic drugs, psychotropic substances, their analogues and precursors; 3) a normative legal act of the Ministry of Internal Affairs of Ukraine, which would regulate the activities of the criminal police in general and its individual operational units for the prevention of criminal offenses; 4) a normative legal act of the National Police of Ukraine, which would regulate the structural and functional structure of the unit for combating drug crime, its main tasks and functions, the general foundations of the activities of this unit to counter drug crime, including preventing it.

EVALUATION CONCEPTS IN SOCIAL SECURITY LAW USED IN NATIONAL SUB-LEGAL REGULATORY AND LEGAL ACTS ACCORDING TO THE CRITERION OF MEMBERSHIP TO AN INSTITUTE

Kateryna Kutsovol

graduate student of the Department of Labor Law and Social Security Law of the Law Institute of KNU named after T. Shevchenko (Kyiv, Ukraine)

ORCID ID: 0000-0001-8601-855X

Anotation. In the article the types of evaluative concepts in social security law, which are used in national by-laws are analyzed. They were considered according to the criterion of belonging to the institute. Three categories of groups of evaluative concepts in the law of social security according to the specified criterion are disclosed. The essence of each species is characterized and detailed. A list of features of each type of evaluative concepts is highlighted. It has been found that the evaluative concepts in the law of social security, used in national sub-legal normative legal acts, are more variable and diverse in comparison with those used in the Laws of Ukraine. Evaluative concepts in by-laws have a generally used character to a greater extent and allow emotional and subjective interpretation.
Keywords: In the article the types of evaluative concepts in social security law, which are used in national by-laws are analyzed. They were considered according to the criterion of belonging to the institute. Three categories of groups of evaluative concepts in the law of social security according to the specified criterion are disclosed. The essence of each species is characterized and detailed. A list of features of each type of evaluative concepts is highlighted. It has been found that the evaluative concepts in the law of social security, used in national sub-legal normative legal acts, are more variable and diverse in comparison with those used in the Laws of Ukraine. Evaluative concepts in by-laws have a generally used character to a greater extent and allow emotional and subjective interpretation.

CHARACTERISTICS OF CRIMINAL OFFENSES COMMITTED IN THE SPHERE OF THE DIGITAL ECONOMY

Oleksandr Markushyn

winner of the University of Modern Knowledge (Kyiv, Ukraine)

ORCID ID: 0000-0003-2339-1590

Anotation. The article describes criminal offenses committed in the field of digitalization of the economy. It is noted that digitalization of the economy is currently one of the most important directions of the state policy of Ukraine. This process creates greater opportunities for citizens to access public services, information, and speeds up economic processes. Along with this, digitalization also creates profitable opportunities for organized criminal groups that carry out money laundering, fraud and other criminal offenses. Such criminally illegal acts pose a serious threat to the economic development of Ukraine, that is why it is expedient to consider them and determine directions for preventing the commission of such criminal offenses. It has been proven that criminal schemes to withdraw assets from Ukraine for the purpose of enrichment cause serious damage to the economic sector. One way to prevent this is through the use of artificial intelligence, which provides real-time in-depth analysis of financial flows and can provide quick action and rapid detection of suspicious activity.
Keywords: The article describes criminal offenses committed in the field of digitalization of the economy. It is noted that digitalization of the economy is currently one of the most important directions of the state policy of Ukraine. This process creates greater opportunities for citizens to access public services, information, and speeds up economic processes. Along with this, digitalization also creates profitable opportunities for organized criminal groups that carry out money laundering, fraud and other criminal offenses. Such criminally illegal acts pose a serious threat to the economic development of Ukraine, that is why it is expedient to consider them and determine directions for preventing the commission of such criminal offenses. It has been proven that criminal schemes to withdraw assets from Ukraine for the purpose of enrichment cause serious damage to the economic sector. One way to prevent this is through the use of artificial intelligence, which provides real-time in-depth analysis of financial flows and can provide quick action and rapid detection of suspicious activity.

START OF INVESTIGATION OF ILLEGAL SALE OF DRUGS, PSYCHOTROPIC SUBSTANCES, THEIR ANALOGUES OR PRECURSORS WITH THE ASSISTANCE OF MAYORS

Volodymyr Mitiakin

adjunct of the department of organization of educational and scientific training Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0002-6815-8933

Anotation. The article considers the peculiarities of the initial stage of the investigation of illicit trafficking in narcotic drugs, psychotropic substances, their analogues or precursors through the Internet. It is emphasized that the beginning of pre-trial investigation of illegal sale of narcotic drugs, psychotropic substances, their analogues or precursors via the Internet begins with the detection of signs of this criminal offense and continues until information about them in the Unified Register of pre-trial investigation. It is emphasized that the success of detecting and investigating a criminal offense of any crime depends on the proper professional procedural design of its beginning and the effectiveness of pretrial investigation of illicit trafficking in narcotic drugs, psychotropic substances, their analogues or precursors directly depends on choosing the right course of action. the prosecutor immediately from the moment of the beginning of such investigation.
Keywords: The article considers the peculiarities of the initial stage of the investigation of illicit trafficking in narcotic drugs, psychotropic substances, their analogues or precursors through the Internet. It is emphasized that the beginning of pre-trial investigation of illegal sale of narcotic drugs, psychotropic substances, their analogues or precursors via the Internet begins with the detection of signs of this criminal offense and continues until information about them in the Unified Register of pre-trial investigation. It is emphasized that the success of detecting and investigating a criminal offense of any crime depends on the proper professional procedural design of its beginning and the effectiveness of pretrial investigation of illicit trafficking in narcotic drugs, psychotropic substances, their analogues or precursors directly depends on choosing the right course of action. the prosecutor immediately from the moment of the beginning of such investigation.

CRIMINAL-LEGAL ANALYSIS OF THE QUALIFICATION MARKS OF FAKING THE DOCUMENTS SUBMITTED FOR THE CONDUCT OF THE STATE REGISTRATION OF ORIGINAL-TREATMENT-ORDER

Oleksii Nestеrenko

postgraduate and postgraduate studies Dnipropetrovsk State University of Internal Affairs (Dnipro, Ukraine)

ORCID ID: 0009-0006-1504-9853

Anotation. The article is devoted to the criminal law analysis of the qualifying features of forgery of documents submitted for state registration of a legal entity and individual entrepreneurs. The analysis reveals the content and nature of the repeated acts, pre-conspiracy by a group of persons and committing actions by an official using his or her official position in view of the main provisions of the criminal legislation of Ukraine and the practice of judicial review of criminal cases under Art. 205-1 of the Criminal Code of Ukraine «Falsification of Documents Filed for State Registration of Legal Entity and Individual Entrepreneurs». Attention is drawn to the criminal-law significance of the above qualifying features for the correct and accurate qualification of a socially dangerous act.
Keywords: The article is devoted to the criminal law analysis of the qualifying features of forgery of documents submitted for state registration of a legal entity and individual entrepreneurs. The analysis reveals the content and nature of the repeated acts, pre-conspiracy by a group of persons and committing actions by an official using his or her official position in view of the main provisions of the criminal legislation of Ukraine and the practice of judicial review of criminal cases under Art. 205-1 of the Criminal Code of Ukraine «Falsification of Documents Filed for State Registration of Legal Entity and Individual Entrepreneurs». Attention is drawn to the criminal-law significance of the above qualifying features for the correct and accurate qualification of a socially dangerous act.

PROBLEMS OF CRIMINAL AND LEGAL ENFORCEMENT OF THE PROTECTION OF STATE SECRETS

Vasyl Oliynyk

laureate of the department of law enforcement and anti-corruption activities of PrJSC "Higher educational institution Interregional Academy of Management personnel", candidate of legal sciences (Kyiv, Ukraine)

ORCID ID: 0000-0003-2039-9390

Anotation. The article emphasizes that the legal regulation of classification of information as secret in domestic legislation is imperfect, and in some cases even contradictory. This situation is caused by a significant volume of those normative legal acts, in the norms of which it is enshrined, which in most cases were adopted without agreement of the conceptual apparatus by various convocations of the single legislative body of Ukraine, which led to an ambiguous understanding of a number of definitions regarding types of secret information and complicated their search during practical application. This circumstance made it possible to single out the negative features of domestic legislation: fragmentation, incompleteness, duplication and the presence of contradictions in individual legal acts and their norms, which slows down the development of information relations in society and affects the effectiveness of the use of a certain type of secret information in the field of criminal justice.
Keywords: The article emphasizes that the legal regulation of classification of information as secret in domestic legislation is imperfect, and in some cases even contradictory. This situation is caused by a significant volume of those normative legal acts, in the norms of which it is enshrined, which in most cases were adopted without agreement of the conceptual apparatus by various convocations of the single legislative body of Ukraine, which led to an ambiguous understanding of a number of definitions regarding types of secret information and complicated their search during practical application. This circumstance made it possible to single out the negative features of domestic legislation: fragmentation, incompleteness, duplication and the presence of contradictions in individual legal acts and their norms, which slows down the development of information relations in society and affects the effectiveness of the use of a certain type of secret information in the field of criminal justice.

REGULATORY REGULATION OF PREVENTION AND COMBATION OF DOMESTIC VIOLENCE IN UKRAINE

Natalia Pritolyuk

graduate student of the Department of Administrative Law and Procedure National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0002-4112-4116

Anotation. The purpose of the article is to determine the legal regulation of preventing and combating domestic violence in Ukraine on the basis of a comprehensive formative analysis of current national and international legislation, positions of scholars, educational and reference literature, as well as statistical data. The article defines the legal regulation of preventing and combating domestic violence in Ukraine. It is revealed that the peculiarity of legal regulation of prevention and counteraction to domestic violence in Ukraine is the formation and implementation of practical administrative and legal regulation of the latest model, methods and tools to prevent and combat domestic violence, based on international standards of protection of human integrity and freedom.
Keywords: The purpose of the article is to determine the legal regulation of preventing and combating domestic violence in Ukraine on the basis of a comprehensive formative analysis of current national and international legislation, positions of scholars, educational and reference literature, as well as statistical data. The article defines the legal regulation of preventing and combating domestic violence in Ukraine. It is revealed that the peculiarity of legal regulation of prevention and counteraction to domestic violence in Ukraine is the formation and implementation of practical administrative and legal regulation of the latest model, methods and tools to prevent and combat domestic violence, based on international standards of protection of human integrity and freedom.

INTERACTION OF NABU DETECTIVES WITHIN INTERNATIONAL COOPERATION IN THE INVESTIGATION OF LEGALIZATION (LAUNDERING) OF PROPERTY OBTAINED

Serhii Rokun

Senior Detective - Deputy Head of the First Detective Division of the Second Detective Division of the Main Detective Division of the National Anti-Corruption Bureau of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0001-9453-7244

Anotation. The article is devoted to the study of the main directions of international cooperation of NABU Detectives with European and Euro-Atlantic law enforcement agencies during the investigation of legalization (laundering) of criminally obtained property. Based on the analysis of the relevant legislation of Ukraine and the author’s own experience, the main areas of international cooperation of NABU detectives were identified and disclosed along with the problems that arise during such cooperation. The author's view on the aforementioned issues.
Keywords: The article is devoted to the study of the main directions of international cooperation of NABU Detectives with European and Euro-Atlantic law enforcement agencies during the investigation of legalization (laundering) of criminally obtained property. Based on the analysis of the relevant legislation of Ukraine and the author’s own experience, the main areas of international cooperation of NABU detectives were identified and disclosed along with the problems that arise during such cooperation. The author's view on the aforementioned issues.

EUROPEAN STANDARDS FOR LEGAL REGULATION OF TERRITORIAL COMMUNITIES

Eugene Semenov

applicant of the Dnepropetrovsk state University of Internal Affairs (Dnipro, Ukraine)

ORCID ID: 0000-0003-4113-3401

Anotation. The article analyzes the main conceptual European documents governing the activities of territorial communities. The process of creating international standards in regulating the activities of territorial communities continues and is dynamic. These processes testify to the formation of deep integration tendencies, the manifestation of which is the development of a unified approach, and Ukraine's accession to them, adoption, recognition and implementation of international standards of local democracy will undoubtedly have a positive impact on the formation and strengthening of territorial communities. bases.
Keywords: The article analyzes the main conceptual European documents governing the activities of territorial communities. The process of creating international standards in regulating the activities of territorial communities continues and is dynamic. These processes testify to the formation of deep integration tendencies, the manifestation of which is the development of a unified approach, and Ukraine's accession to them, adoption, recognition and implementation of international standards of local democracy will undoubtedly have a positive impact on the formation and strengthening of territorial communities. bases.

THE CONCEPT OF PUBLIC ADMINISTRATION IN THE MECHANISM OF STATE POLICY IMPLEMENTATION IN THE HUMANITARIAN SPHERE

Elvira Sydorova

Doctor of Law, deputy director of the Educational and Scientific Institute rights and training of specialists for units Dnipropetrovsk State National Police University of Internal Affairs (Dnipro, Ukraine)

ORCID ID: 0000-0002-6293-1886

Anotation. The study deals with the conceptual and categorical apparatus, the main characteristics and principles of public administrations in general, as well as the public administration that implements state policy in the humanitarian sphere in particular. The theoretical developments of the encyclopedic literature on the concept of state administration are given, for example, it can be considered in a broad sense as a set of executive power bodies that make up the state administration apparatus (administrations are divided into central – the Government, ministries, central bodies of executive power and local state administrations – executive bodies authorities of administrative and territorial units). The peculiarities and characteristic features that distinguish public administration from private administration are highlighted (the public purpose of activity aimed at satisfying the interests of society in the humanitarian sphere; the implementation of public goals and the implementation of state policy in the humanitarian sphere are carried out by bodies that are official bearers of public-authority powers (that is, such powers are enshrined in legislative or by-laws); citizens and organizations act as private individuals in relations with public administration bodies; public administrations have the right to issue binding normative and individual acts). It is concluded that public administrations can be considered as a set of state and non-state subjects of public authority, organizations, and institutions that perform administrative functions regarding the implementation of state policy in the humanitarian sphere.
Keywords: The study deals with the conceptual and categorical apparatus, the main characteristics and principles of public administrations in general, as well as the public administration that implements state policy in the humanitarian sphere in particular. The theoretical developments of the encyclopedic literature on the concept of state administration are given, for example, it can be considered in a broad sense as a set of executive power bodies that make up the state administration apparatus (administrations are divided into central – the Government, ministries, central bodies of executive power and local state administrations – executive bodies authorities of administrative and territorial units). The peculiarities and characteristic features that distinguish public administration from private administration are highlighted (the public purpose of activity aimed at satisfying the interests of society in the humanitarian sphere; the implementation of public goals and the implementation of state policy in the humanitarian sphere are carried out by bodies that are official bearers of public-authority powers (that is, such powers are enshrined in legislative or by-laws); citizens and organizations act as private individuals in relations with public administration bodies; public administrations have the right to issue binding normative and individual acts). It is concluded that public administrations can be considered as a set of state and non-state subjects of public authority, organizations, and institutions that perform administrative functions regarding the implementation of state policy in the humanitarian sphere.

USE OF FOREIGN EXPERIENCE TECHNICAL AND CRIMINAL PROVISION OF CRIME INVESTIGATION IN THE FIELD OF USE OF COMPUTERS, SYSTEMS AND COMPUTER NETWORKS AND TELECOMMUNICATIONS

Bronislav Teplytsky

First Deputy Director of the State Research forensic center of the Ministry of Internal Affairs of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0002-0126-6782

Anotation. The article examines the international experience of the world's leading countries in the field of state activity on legal mechanisms for regulating the protection of information in modern conditions, combating cybercrime, ensuring the investigation of crimes in the use of computers, systems and computer networks and telecommunications networks. In particular, the organization of such activities in the United States of America, Canada, in such countries of the European Union as France and Germany is presented and analyzed. Emphasis is placed on the main units involved in cybercrime and their tasks are outlined. The focus is on the main legal documents that are designed to combat these types of crimes.
Keywords: The article examines the international experience of the world's leading countries in the field of state activity on legal mechanisms for regulating the protection of information in modern conditions, combating cybercrime, ensuring the investigation of crimes in the use of computers, systems and computer networks and telecommunications networks. In particular, the organization of such activities in the United States of America, Canada, in such countries of the European Union as France and Germany is presented and analyzed. Emphasis is placed on the main units involved in cybercrime and their tasks are outlined. The focus is on the main legal documents that are designed to combat these types of crimes.

PROSPECTIVE WAYS OF IMPROVING THE ADMINISTRATIVE LEGISLATION, WHICH ESTABLISHES THE LEGAL BASIS OF THE ADMINISTRATIVE AND LEGAL STATUS OF THE MANAGEMENT OF THE NATIONAL POLICE

Petro Tokar

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

ORCID ID: 0000-0002-6293-1786

Anotation. The purpose of the article is to develop promising ways of improving the administrative legislation, which establishes the legal foundations of the administrative-legal status of the leadership of the National Police. The article, based on the analysis of the norms of the current legislation of Ukraine, as well as the scientific views of scientists, highlights the gaps and shortcomings in the current administrative legislation, the norms of which are aimed at regulating the administrative and legal status of the management of police bodies. The author's vision of ways to improve administrative legislation, which establishes the legal basis of the administrative-legal status of the management of the National Police, has been formed.
Keywords: The purpose of the article is to develop promising ways of improving the administrative legislation, which establishes the legal foundations of the administrative-legal status of the leadership of the National Police. The article, based on the analysis of the norms of the current legislation of Ukraine, as well as the scientific views of scientists, highlights the gaps and shortcomings in the current administrative legislation, the norms of which are aimed at regulating the administrative and legal status of the management of police bodies. The author's vision of ways to improve administrative legislation, which establishes the legal basis of the administrative-legal status of the management of the National Police, has been formed.

THE PERSON OF THE CRIMINAL AS AN ELEMENT OF CRIMINAL CHARACTERISTICS OF CRIMINAL OFFENSES IN THE FIELD OF ECONOMIC ACTIVITY

Sergey Trach

Candidate of Law, Senior Lecturer, Department of Criminal Procedure, National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0001-8001-855X

Anotation. Based on a systematic analysis of theoretical scientific provisions, legislation and materials of investigative and judicial practice, the article reveals problematic issues concerning the identity of the offender as an element of forensic characterization of criminal offenses in the field of economic activity. elements of forensic characterization. Typical features of the offender's personality are determined: demographic; vocational and educational; social; propensity to commit criminal offenses; physical and psychological condition. It turns out that the system of information about the identity of the offender allows not only to correctly classify the crime, but also significantly increases the efficiency of the process of proposing and planning an investigation, choosing tactics for conducting proceedings and the investigation as a whole.
Keywords: Based on a systematic analysis of theoretical scientific provisions, legislation and materials of investigative and judicial practice, the article reveals problematic issues concerning the identity of the offender as an element of forensic characterization of criminal offenses in the field of economic activity. elements of forensic characterization. Typical features of the offender's personality are determined: demographic; vocational and educational; social; propensity to commit criminal offenses; physical and psychological condition. It turns out that the system of information about the identity of the offender allows not only to correctly classify the crime, but also significantly increases the efficiency of the process of proposing and planning an investigation, choosing tactics for conducting proceedings and the investigation as a whole.

USE OF SPECIAL KNOWLEDGE AND PROBLEMS OF APPOINTMENT OF JUDICIAL EXAMINATIONS IN THE INVESTIGATION OF OFFENSES WITH THE PARTICIPATION OF AUTHORITIES AND PERSONS, PERSONS AND PERSONS

Denis Churilov

graduate student of the International Academy of Personnel Management (Kyiv, Ukraine)

ORCID ID: 0000-0001-9115-4821

Anotation. Comprehensive examinations in the investigation of offenses, as a rule, are conducted in specialized expert institutions. Therefore, when making a decision on the appointment of the examination, it is necessary to determine and correctly name the institution to which the examination is entrusted. If the complex examination is entrusted to two or more institutions, the heads of which nominate their representatives to the commission, then each of these institutions must be sent a copy of the decision to appoint an examination, and the studied objects and materials to send to one of these addresses , having made the corresponding assessment in the resolution.
Keywords: Comprehensive examinations in the investigation of offenses, as a rule, are conducted in specialized expert institutions. Therefore, when making a decision on the appointment of the examination, it is necessary to determine and correctly name the institution to which the examination is entrusted. If the complex examination is entrusted to two or more institutions, the heads of which nominate their representatives to the commission, then each of these institutions must be sent a copy of the decision to appoint an examination, and the studied objects and materials to send to one of these addresses , having made the corresponding assessment in the resolution.

LEGAL REGIME OF PROPERTYOF BUSINESS ENTITIES IN FRANCE

Nadiia Yavorovenko

graduate student of the Department of Civil Law and Procedure Vasyl Stus Donetsk National University (Vinnytsia, Ukraine)

ORCID ID: 0000-0002-4618-9138

Anotation. The article is devoted to the study of theoretical issues related to the definition of the legal regime of property of state-owned entities in France. It is noted that in France, 99 % of the total number of economic entities are established in the form of small and medium-sized enterprises. The article emphasizes that in carrying out their activities, economic entities use property that has a value definition, is produced and used in the activities of entities and is reflected in their balance sheets or taken into account in other statutory forms of accounting for these entities. The essence of property under French law is revealed, in particular, it is noted that this is the right to use and dispose of things indefinitely, unless such a right is limited by applicable laws or regulations.
Keywords: The article is devoted to the study of theoretical issues related to the definition of the legal regime of property of state-owned entities in France. It is noted that in France, 99 % of the total number of economic entities are established in the form of small and medium-sized enterprises. The article emphasizes that in carrying out their activities, economic entities use property that has a value definition, is produced and used in the activities of entities and is reflected in their balance sheets or taken into account in other statutory forms of accounting for these entities. The essence of property under French law is revealed, in particular, it is noted that this is the right to use and dispose of things indefinitely, unless such a right is limited by applicable laws or regulations.