Journal №2 (26) / 2019|KELM

WYKAZ ZAŁĄCZONYCH PLIKÓW

INFORMATION AS A MEANS OF CONDUCTING OF MODERN HYBRID WARS

Olha Balynska, Roman Blahuta, Zinaida Zhyvko

Olha Balynska. Profesor, doktor habilitowany nauk prawnych, Prorektor Lwowskiego Państwowego Uniwersytetu Ministerstwa Spraw Wewnętrznych, (Lwow, Ukraina)
Zinaida Zhyvko. Profesor, doktor habilitowany nauk ekonomicznych, Profesor Wydziału Menedżmentu Lwowskiego Państwowego Uniwersytetu Ministerstwa Spraw Wewnętrznych (Lwow, Ukraina)
Roman Blahuta. Doktor nauk prawnych, docent, Rektor Lwowskiego Państwowego Uniwersytetu Ministerstwa Spraw Wewnętrznych, (Lwow, Ukraina)
olga_bal@ukr.net, riblaguta@ukr.net, professor2007@ukr.net

ORCID ID: 0000-0002-0168-143X, ORCID: 0000-0002-8087-5995, ORCID: 0000-0002-4045-669X

Anotation. Information is an effective means of warfare. In the context of hybridization of military strategies, it must be recognized as one of the most powerful, and perhaps even the only profitable, means (there is no need to spend money to buy equipment and keep the military). A negative information impact, aimed at undermining the morale of the army and the patriotic sentiment of the population, can do much more damage to the state than a numerically and technically stronger enemy army. The main illustrative material in the article is the hybrid war between Russia and Ukraine. The events of the Euromaidan, the Revolution of Dignity, the annexation of Crimea and the escalation of violence in the Donbas, which grew into a full-scale armed conflict, demonstrate that this hybrid war is not so much about the occupation of Ukrainian territories as the desire to undermine the governance structure in the state from within, to suppress the will of the Ukrainians to resist. In order not to be exposed to such influence, to preserve Ukraine, and to ensure the continued existence and development of our country, a number of measures in the sphere of information policy must be implemented: 1) to ensure effective fight against corruption; 2) to crystallize the national idea (as a prospect for the country's development and national unification for moving forward); 3) to choose one's place in the world (to catch up with the countries of Central Europe in quality of life and to increase the scale of their influence on European politics); 4) to give the Ukrainian culture a contemporary form (to produce meaningful worlds while preserving its identity).
Keywords: Information is an effective means of warfare. In the context of hybridization of military strategies, it must be recognized as one of the most powerful, and perhaps even the only profitable, means (there is no need to spend money to buy equipment and keep the military). A negative information impact, aimed at undermining the morale of the army and the patriotic sentiment of the population, can do much more damage to the state than a numerically and technically stronger enemy army. The main illustrative material in the article is the hybrid war between Russia and Ukraine. The events of the Euromaidan, the Revolution of Dignity, the annexation of Crimea and the escalation of violence in the Donbas, which grew into a full-scale armed conflict, demonstrate that this hybrid war is not so much about the occupation of Ukrainian territories as the desire to undermine the governance structure in the state from within, to suppress the will of the Ukrainians to resist. In order not to be exposed to such influence, to preserve Ukraine, and to ensure the continued existence and development of our country, a number of measures in the sphere of information policy must be implemented: 1) to ensure effective fight against corruption; 2) to crystallize the national idea (as a prospect for the country's development and national unification for moving forward); 3) to choose one's place in the world (to catch up with the countries of Central Europe in quality of life and to increase the scale of their influence on European politics); 4) to give the Ukrainian culture a contemporary form (to produce meaningful worlds while preserving its identity).

CONCERNING COMPREHENSION OF CRIMINALISTIC ENSURING INVESTIGATION OF THE CRIMES COMMITTED IN PUNISHMENT EXECUTION INSTITUTIONS OF UKRAINE

Oleg Batiuk

Candidate of Law Science, Associate Professor,
Professor of the Chair of Intellectual Property and Civil Legal Subjects of Kyiv Institute of Intellectual Property and Law,
"Odessa Law Academy" National University, (Kyiv, Ukraine)
batiukolegkiivponua@gmail.com

ORCID ID: 0000-0002-2291-4247

Anotation. In the provisions of the scientific article the author defines main elements of criminalistic ensuring crime investigation on the whole on the basis of analyzing opinions of the leading scientists of both Ukraine and foreifn countries. It enables to determine the author’s comprehension of criminalistic ensuring investigation of crimes committed in punishment execution institutions. The author characterizes technical, criminalistic and organizational ensuring investigation of crimes committed in punishment execution institutions, as well as expert criminalistic ensuring investigation of crimes committed in punishment execution institutions. The author makes a conclusion that criminalistic ensuring investigation of crimes committed in punishment execution institutions should be considered as the system of scientific and technical, organizational and tactical, methodological and criminalistic means, elaborated and introduced for efficient activity of bodies of criminal executive service, preventing crimes committed in punishment execution institutions, for optimization of their investigation and trial performed on the grounds of scientific knowledge of regularities of emerging, collecting, investigating, evaluating and using evidence found in the course of criminal proceedings of this crime category.
Keywords: In the provisions of the scientific article the author defines main elements of criminalistic ensuring crime investigation on the whole on the basis of analyzing opinions of the leading scientists of both Ukraine and foreifn countries. It enables to determine the author’s comprehension of criminalistic ensuring investigation of crimes committed in punishment execution institutions. The author characterizes technical, criminalistic and organizational ensuring investigation of crimes committed in punishment execution institutions, as well as expert criminalistic ensuring investigation of crimes committed in punishment execution institutions. The author makes a conclusion that criminalistic ensuring investigation of crimes committed in punishment execution institutions should be considered as the system of scientific and technical, organizational and tactical, methodological and criminalistic means, elaborated and introduced for efficient activity of bodies of criminal executive service, preventing crimes committed in punishment execution institutions, for optimization of their investigation and trial performed on the grounds of scientific knowledge of regularities of emerging, collecting, investigating, evaluating and using evidence found in the course of criminal proceedings of this crime category.

PROMOTION OF HIGHER EDUCATION: EU EXPERIENCE

Olga Bogorodetska

PhD,
Lesya Ukrainka East European National University (Lutsk, Ukraine)
bogorodecka@gmail.com

ORCID ID: 0000-0002-5878-0068

Anotation. Enhancing Europe’s competitiveness to the level of other world economies has been identified as a priority since the beginning of the EU. The main emphasis was put on the development of the knowledge economy, which significantly influenced the formation of the innovative economy and the information society. “Knowledge” has become a basic category in most of spheres of social life in EU countries. Numerous joint declarations, resolutions of EU Member States in the field of education, introduction of ECMS, initiation of the Bologna education system and implementation of student’s mobility programmes influenced the formation of European educational policy. With the beginning of XXI EU countries have faced new challenges regards European educational policy. New ways of dissemination of information, growth of the role of the Internet, new communication technologies have influenced huge transformations in the standards of European educational policy. First of all, higher education became an element of complex brand of the country. There was also observed a growth of scientific and educational centers in EU states, launching of numerous scholarships and grants for students and teaching stuff mobility. A special attention was paid to the promotion of EU higher education with the main aim to increase the number of foreign students. The system of higher education promotion of the biggest part of European countries has been shaped quite similarly. Current research analyzes the promotion EU higher education in the frameworks of EU educational policy. This kind of policy combines EU principles, laws in the sphere of education. The analysis of the peculiarities of EU educational policy implementation provides us with an understanding of the principles of the higher education promotional system formation. Thereby, main features of EU education policy-making are examined in the article. The origins and legal frameworks of EU higher education promotion are analyzed. Key EU promotional programs, initiatives and activities are presented in current research.
Keywords: Enhancing Europe’s competitiveness to the level of other world economies has been identified as a priority since the beginning of the EU. The main emphasis was put on the development of the knowledge economy, which significantly influenced the formation of the innovative economy and the information society. “Knowledge” has become a basic category in most of spheres of social life in EU countries. Numerous joint declarations, resolutions of EU Member States in the field of education, introduction of ECMS, initiation of the Bologna education system and implementation of student’s mobility programmes influenced the formation of European educational policy. With the beginning of XXI EU countries have faced new challenges regards European educational policy. New ways of dissemination of information, growth of the role of the Internet, new communication technologies have influenced huge transformations in the standards of European educational policy. First of all, higher education became an element of complex brand of the country. There was also observed a growth of scientific and educational centers in EU states, launching of numerous scholarships and grants for students and teaching stuff mobility. A special attention was paid to the promotion of EU higher education with the main aim to increase the number of foreign students. The system of higher education promotion of the biggest part of European countries has been shaped quite similarly. Current research analyzes the promotion EU higher education in the frameworks of EU educational policy. This kind of policy combines EU principles, laws in the sphere of education. The analysis of the peculiarities of EU educational policy implementation provides us with an understanding of the principles of the higher education promotional system formation. Thereby, main features of EU education policy-making are examined in the article. The origins and legal frameworks of EU higher education promotion are analyzed. Key EU promotional programs, initiatives and activities are presented in current research.

EXTERNAL ENVIRONMENT INFLUENCE ON CRIMINAL MOTIVATION FORMATION IN THE SPHERE OF PUNISHMENT EXECUTION

Andrii Borovyk

candidate of legal sciences,
docent of the department of criminal law and justice of
International economic-humanitarian University named after academician Stepan Demyanchuk, (Rivne, Ukraine)
aborovychok@gmail.com

ORCID ID: 0000-0003-1834-404X

Anotation. The author of the scientific article analyzes the peculiarities of activity in the sphere of execution of punishments, as well as the current developments in the science regarding the content of the mechanism of individual criminal behavior. The author identifies three conditional groups of environmental factors that affect its deployment. The first group includes microsocial factors that are formed in the process of life of the personnel of the UPM, in general, and professional activity, in particular. Prior to second group - circumstances that influence criminal behavior and are investigated in criminology as a criminogenic situation. By third group - the behavior of the victim of corruption and other criminal offenses in the sphere of punishment, that is, victim-specific factors that also determine the course of events and mutual influence of factors in the mechanism of individual criminal behavior. In conclusion, the author of the article notes that the factors of the external environment in the mechanism of formation of criminal motivation in the sphere of punishment have a branched, multivariate character. At the same time, information about them deepens the understanding of the genesis of criminal activity of the analyzed category, allows to form an idea of a wider range of factors of its determination, which is important for improving the effectiveness of prevention activities.
Keywords: The author of the scientific article analyzes the peculiarities of activity in the sphere of execution of punishments, as well as the current developments in the science regarding the content of the mechanism of individual criminal behavior. The author identifies three conditional groups of environmental factors that affect its deployment. The first group includes microsocial factors that are formed in the process of life of the personnel of the UPM, in general, and professional activity, in particular. Prior to second group - circumstances that influence criminal behavior and are investigated in criminology as a criminogenic situation. By third group - the behavior of the victim of corruption and other criminal offenses in the sphere of punishment, that is, victim-specific factors that also determine the course of events and mutual influence of factors in the mechanism of individual criminal behavior. In conclusion, the author of the article notes that the factors of the external environment in the mechanism of formation of criminal motivation in the sphere of punishment have a branched, multivariate character. At the same time, information about them deepens the understanding of the genesis of criminal activity of the analyzed category, allows to form an idea of a wider range of factors of its determination, which is important for improving the effectiveness of prevention activities.

HISTORY OF CREATION OF INTERNATIONAL OLYMPIC LAW

Zoryana Dubinska

postgraduate student
of the Department of Theory and History of State and Law
Constitutional and International law of Lviv State University of Internal Affairs, (Lviv, Ukraine)
dubinskaz@gmail.com

ORCID ID: 0000-0001-8742-2983

Anotation. The article is devoted to the Institute of International Olympic Law. Scientists' opinions on the definition of the term "institute of law", "institute of international Olympic law" and "Olympic Games" also. The article provides a brief historical analysis of the creation of international Olympic law, namely: the Ancient Period, the Roman Period, the Medieval Age, the Renaissance and the Renaissance. The origins of the creation of the first Olympic Games are investigated, the period of origin, prosperity and reasons for the period of decline are characterized, and subsequently the prohibition of the Olympic Games for a long time. A brief analysis of the attitude in the different historical periods to the concept of "Olympism", sports in general, participation in sports competitions in different historical periods. Particular attention is paid to the revival and establishment of the Olympics of the present. Emphasis is placed on the figure of Baron Pierre de Coubertin, a French scientist and public figure who owns the idea of reviving and hosting the first Olympics of the present. The main reasons for creating a single system of rules for different sports are outlined. The creation of the first international sports federations is analyzed. It is established that the main institutes of international Olympic law are: the International Olympic Committee, National Olympic Committees, international sports organizations, national sports federations, etc., and it is established that the main institute of international Olympic law is the International Olympic Committee. The focus is on the research of the Law Institute in the field of sports, namely the legal relationships arising in the international sports arena.
Keywords: The article is devoted to the Institute of International Olympic Law. Scientists' opinions on the definition of the term "institute of law", "institute of international Olympic law" and "Olympic Games" also. The article provides a brief historical analysis of the creation of international Olympic law, namely: the Ancient Period, the Roman Period, the Medieval Age, the Renaissance and the Renaissance. The origins of the creation of the first Olympic Games are investigated, the period of origin, prosperity and reasons for the period of decline are characterized, and subsequently the prohibition of the Olympic Games for a long time. A brief analysis of the attitude in the different historical periods to the concept of "Olympism", sports in general, participation in sports competitions in different historical periods. Particular attention is paid to the revival and establishment of the Olympics of the present. Emphasis is placed on the figure of Baron Pierre de Coubertin, a French scientist and public figure who owns the idea of reviving and hosting the first Olympics of the present. The main reasons for creating a single system of rules for different sports are outlined. The creation of the first international sports federations is analyzed. It is established that the main institutes of international Olympic law are: the International Olympic Committee, National Olympic Committees, international sports organizations, national sports federations, etc., and it is established that the main institute of international Olympic law is the International Olympic Committee. The focus is on the research of the Law Institute in the field of sports, namely the legal relationships arising in the international sports arena.

RECOGNITION OF PERSON IS AFTER ITS IMAGINARY HAPTIC APPEARANCE

Iryna Hora, Valerii Kolesnyk

Iryna Hora. Doctor of Legal Sciences, Professor Professor Academy of Advocacy of Ukraine, (Kyiv, Ukraine)
Valerii Kolesnyk. Doctor of Legal Sciences, Professor Professor Academy of Advocacy of Ukraine, (Kyiv, Ukraine)
irvtgora@ukr.net, valarko@ukr.net

ORCID ID: 0000-0003-2940-5338, ORCID : 0000-0003-3570-8984

Anotation. The authors of the article are considering legal, psychological and criminalistic problems, substantiating the possibility and legitimacy of carrying out personal identification, whose image was perceived not only by sight, but to the touch. In criminal proceedings such identification is possible during the conduct of a particular investigative action – recognition. Attention is paid to the fact, that criminalistic classification of identification, according to the objects able to be recognized, is wider than its definition as a particular investigative actions in Criminal Procedural Code of Ukraine. The essence, tasks and scientific fundamentals of identification as a procedural action were revealed, as well as psychological principles of forming and memorizing imaginary appearance in a person’s memory, who identifies and with the help of whom identification of different objects can be conducted. With reference to psychology of human identifying objects and phenomena of the surrounding world the fundamental possibility of human right perception to the touch and memorizing features of various objects, their adequate reproduction in memory and receiving a person’s accurate conclusion of identity based on the features perceived with the help of tactile sense by him before is proved. The conclusion was made, that a person’s imaginary appearance, characteristic features of which were perceived by somebody who identifies with the help of tactile sensation, suggests grounds for carrying out investigative action, aimed at identifying a certain person not only alive or according to photo or video-materials, which are perceived by sight, but also according to tactile image remained in the memory of the person who identifies. The recommendations for preparation and conducting such way of personal identification for recognition while carrying out criminal proceedings are expressed.
Keywords: The authors of the article are considering legal, psychological and criminalistic problems, substantiating the possibility and legitimacy of carrying out personal identification, whose image was perceived not only by sight, but to the touch. In criminal proceedings such identification is possible during the conduct of a particular investigative action – recognition. Attention is paid to the fact, that criminalistic classification of identification, according to the objects able to be recognized, is wider than its definition as a particular investigative actions in Criminal Procedural Code of Ukraine. The essence, tasks and scientific fundamentals of identification as a procedural action were revealed, as well as psychological principles of forming and memorizing imaginary appearance in a person’s memory, who identifies and with the help of whom identification of different objects can be conducted. With reference to psychology of human identifying objects and phenomena of the surrounding world the fundamental possibility of human right perception to the touch and memorizing features of various objects, their adequate reproduction in memory and receiving a person’s accurate conclusion of identity based on the features perceived with the help of tactile sense by him before is proved. The conclusion was made, that a person’s imaginary appearance, characteristic features of which were perceived by somebody who identifies with the help of tactile sensation, suggests grounds for carrying out investigative action, aimed at identifying a certain person not only alive or according to photo or video-materials, which are perceived by sight, but also according to tactile image remained in the memory of the person who identifies. The recommendations for preparation and conducting such way of personal identification for recognition while carrying out criminal proceedings are expressed.

APPLICATION OF STRUCTURAL-GRAPHICAL AND GIS-MODELING IN CARTOGRAPHIC RESEARCH

Tatiana Dudun, Svitlana Titova

Tatiana Dudun. PhD on geographical sciences, docent Department of Geodesy and Cartography Geography faculty Taras Shevchenko national university of Kyiv (Kyiv, Ukraine)
Svitlana Titova. PhD on geographical sciences, docent Department of Geodesy and Cartography Geography faculty Taras Shevchenko national university of Kyiv (Kyiv, Ukraine)
t.dudun@ukr.net, svtitova@ukr.net

ORCID ID: 0000-0002-9960-9793, ORCID: 0000-0002-9250-805X

Anotation. Structural-graphic modeling is considered: concept, connections, classification and application in cartographic research. The principles of modeling in cartography (the possibility of using maps using common epistemological categories; the use of general scientific methods of modeling and rational forms and variants of contacts with other types of modeling; the etymology of the term indicates the place of cartographic modeling as a means of research in the general system of cognition). The functions of structural-graphical modeling are defined. Functions of structural and graphical modeling are determined, and they are investigated, which allow: to carry out selection of existing maps necessary for research; identify elements of systems that have not yet been mapped; determine the topic of maps and their placement within the complex cartographic works; use maps of other elements of the system when creating a series of maps of each specific element; ensure that the maps of this element are those of other elements; change the complex maps and their groups; determine the main columns of tables for collecting information in relational or electronic databases; identify sections of map legends; present legends in the form of graphical link models of lower-ranking system elements. Spatial modeling is investigated, the types and models of real-world spatial models are substantiated and identified, in particular: analogue and digital models; discrete and continuous models; individual and aggregate models; static and dynamic models; cellular vending machines; agent models.
Keywords: Structural-graphic modeling is considered: concept, connections, classification and application in cartographic research. The principles of modeling in cartography (the possibility of using maps using common epistemological categories; the use of general scientific methods of modeling and rational forms and variants of contacts with other types of modeling; the etymology of the term indicates the place of cartographic modeling as a means of research in the general system of cognition). The functions of structural-graphical modeling are defined. Functions of structural and graphical modeling are determined, and they are investigated, which allow: to carry out selection of existing maps necessary for research; identify elements of systems that have not yet been mapped; determine the topic of maps and their placement within the complex cartographic works; use maps of other elements of the system when creating a series of maps of each specific element; ensure that the maps of this element are those of other elements; change the complex maps and their groups; determine the main columns of tables for collecting information in relational or electronic databases; identify sections of map legends; present legends in the form of graphical link models of lower-ranking system elements. Spatial modeling is investigated, the types and models of real-world spatial models are substantiated and identified, in particular: analogue and digital models; discrete and continuous models; individual and aggregate models; static and dynamic models; cellular vending machines; agent models.

LEGISLATIVE SETTLEMENT OF THE OPERATION AND SURVEYING MEASURES OF THE NATIONAL POLICE UNITS IN UKRAINE

Andrey Kryvyi

Postgraduate student
of the Department of Operational and Investigative Activity of the Faculty № 2 of the Institute for Training of Specialists for Criminal Police Units
of Lviv State University of Internal Affairs (Lviv, Ukraine)
Babjak_Andrey@ukr.net

ORCID ID: 0000-0002-0521-1638

Anotation. The initial analysis of the state of research of the presented area of scientific intelligence allows to state that the problem of legislative support for the application of operational-search measures in the context of the updated criminal procedural legislation of Ukraine was studied by scientists and practitioners fragmentarily, since the absolute majority of scientific works published after the 2012 Criminal Code came into force, concerned organizational and tactical features of the application of the mentioned measures in the detection and cessation of certain types of crimes, comparisons between such measures and silent investigative (search) actions, attempts to systematize legal instruments that temporarily restrict human rights and freedoms. The analysis of the provisions of national legislation and international legal acts concerning the application of operational-search measures by units of the National Police in the fight against crime in Ukraine. Variety and multi-vector of legal acts are established, which directly or indirectly regulate legal and organizational principles of application of operative-search measures. Separate provisions on the legal regulation of operational and search measures are contained in the Constitution of Ukraine, international treaties and acts, codes, laws of Ukraine. The fragmentation of legal acts, which fragmentarily regulate the legal framework for the use of operational and search measures, adversely affects the efficiency of the use of the results obtained in the field of crime prevention, which can be solved by unifying their provisions in order to uniformly apply non-public methods in accordance with European legal standards. The importance of taking into account the precedents of international jurisprudence in the organization of operational and search activities by units of the National Police is emphasized. It is concluded that the effectiveness of regulatory support for the use of operational-search measures by operational units of the National Police depends on the ability to unite and direct the positive factors that accompany the rule of law and to block the obstacles.
Keywords: The initial analysis of the state of research of the presented area of scientific intelligence allows to state that the problem of legislative support for the application of operational-search measures in the context of the updated criminal procedural legislation of Ukraine was studied by scientists and practitioners fragmentarily, since the absolute majority of scientific works published after the 2012 Criminal Code came into force, concerned organizational and tactical features of the application of the mentioned measures in the detection and cessation of certain types of crimes, comparisons between such measures and silent investigative (search) actions, attempts to systematize legal instruments that temporarily restrict human rights and freedoms. The analysis of the provisions of national legislation and international legal acts concerning the application of operational-search measures by units of the National Police in the fight against crime in Ukraine. Variety and multi-vector of legal acts are established, which directly or indirectly regulate legal and organizational principles of application of operative-search measures. Separate provisions on the legal regulation of operational and search measures are contained in the Constitution of Ukraine, international treaties and acts, codes, laws of Ukraine. The fragmentation of legal acts, which fragmentarily regulate the legal framework for the use of operational and search measures, adversely affects the efficiency of the use of the results obtained in the field of crime prevention, which can be solved by unifying their provisions in order to uniformly apply non-public methods in accordance with European legal standards. The importance of taking into account the precedents of international jurisprudence in the organization of operational and search activities by units of the National Police is emphasized. It is concluded that the effectiveness of regulatory support for the use of operational-search measures by operational units of the National Police depends on the ability to unite and direct the positive factors that accompany the rule of law and to block the obstacles.

GENESIS OF MUSICAL ORGANOLOGY IN UKRAINE

Petro Krul

Doctor of Art History, professor
Vasyl Stefanyk Precarpathian National University (Ivano-Frankivsk, Ukraine)
professorkrul@gmail.com

ORCID ID: 0000-0003-3228-8232

Anotation. This article is devoted to wind musical instruments, which emphasizes the historical significance of the era, when in parallel with the first applications in the orchestra of folk art formed the foundations of the orchestral style with its attraction to the principles of folk colour, song, psychological and artistic imagery. The multifaceted evolution of wind instruments in the sphere of folk art could not but contribute to the formation of solo-performing style .On the basis of folk song creativity there was a certain system of artistic means and certain performing techniques, the gene pool of the Ukrainian performing school with its emotional spectrum and diversity was formed. The 18th century determined the main directions of music and performing arts and the basis of its Genesis for the following centuries.
Keywords: This article is devoted to wind musical instruments, which emphasizes the historical significance of the era, when in parallel with the first applications in the orchestra of folk art formed the foundations of the orchestral style with its attraction to the principles of folk colour, song, psychological and artistic imagery. The multifaceted evolution of wind instruments in the sphere of folk art could not but contribute to the formation of solo-performing style .On the basis of folk song creativity there was a certain system of artistic means and certain performing techniques, the gene pool of the Ukrainian performing school with its emotional spectrum and diversity was formed. The 18th century determined the main directions of music and performing arts and the basis of its Genesis for the following centuries.

PROSECUTOR'S OFFICE OF UKRAINE IN THE SYSTEM OF JUSTICE: NEW APPROACHES OBSERVING THE PRINCIPLE OF CONSTITUTIONAL FIDELITY

Mykola Onyshchuk, Мykhailo Savchyn

Mykola Onyshchuk. Doctor of Juridical Science, Honored Lawyer of Ukraine, rector of the National School of Judges of Ukraine (Kyiv, Ukraine)
Мykhailo Savchyn. Doctor of Juridical Science, professor, the Head of Sientific Research Institute of comparative Public law and international law Of Uzhhorod National University (Uzhhorod, Ukraine)
metod.vrj@ukr.net, michaelsavchyn7@gmail.com

ORCID ID: 0000-0002-0588-0540, ORCID: 0000-0002-9551-1203

Anotation. From the perspective of achievements of modern doctrine of constitu-tionnalism, in particular the principle of сonstitutional fidelity, the article is focused on the provisions of the new principles of Prosecutor’s Office organisation, arising from the amendments to the Constitution of Ukraine (Section “Justice”), as a justice promoting body. The article considers the vision of the Prosecutor’s Office functioning on an instance basis but not on a hierarchical one, which will enable it to exercise the procedural control in criminal proceedings and maintain the public prosecution in court more objectively and reasonably. Based on the functions of the prosecutor's office, its activities, according to the authors, should correspond to the organization of the judicial system. In view of this, the prosecutor's office should be organised on the instance basis, which will also help to ensure better access to justice and prompt decision by the court on the issue of granting or denying the prosecutor's requests to take pre-trial investigation measures. The article indicates the need to establish effective guarantees for the independence of the prosecutor and the inadmissibility of interference in his activity by the higher level prosecutor. In case such circumstances are found, perpetrators should be brought to justice. The authors also point out that the political procedure of declaring Parliament's no-confidence motion against the Prosecutor General does not contribute to ensure his impartiality and independence. Given the significant influence of the prosecutor's office on the judiciary, such procedure is unacceptable, while as a result it threatens the independence of the judiciary, since the influence of the executive and political forces, represented in parliament, leads to an imbalance in ensuring the equality of parties in the judicial process.
Keywords: From the perspective of achievements of modern doctrine of constitu-tionnalism, in particular the principle of сonstitutional fidelity, the article is focused on the provisions of the new principles of Prosecutor’s Office organisation, arising from the amendments to the Constitution of Ukraine (Section “Justice”), as a justice promoting body. The article considers the vision of the Prosecutor’s Office functioning on an instance basis but not on a hierarchical one, which will enable it to exercise the procedural control in criminal proceedings and maintain the public prosecution in court more objectively and reasonably. Based on the functions of the prosecutor's office, its activities, according to the authors, should correspond to the organization of the judicial system. In view of this, the prosecutor's office should be organised on the instance basis, which will also help to ensure better access to justice and prompt decision by the court on the issue of granting or denying the prosecutor's requests to take pre-trial investigation measures. The article indicates the need to establish effective guarantees for the independence of the prosecutor and the inadmissibility of interference in his activity by the higher level prosecutor. In case such circumstances are found, perpetrators should be brought to justice. The authors also point out that the political procedure of declaring Parliament's no-confidence motion against the Prosecutor General does not contribute to ensure his impartiality and independence. Given the significant influence of the prosecutor's office on the judiciary, such procedure is unacceptable, while as a result it threatens the independence of the judiciary, since the influence of the executive and political forces, represented in parliament, leads to an imbalance in ensuring the equality of parties in the judicial process.

3D CADASTRE AS THE INSTRUMENT OF WATER OBJECTS MONITORING

Olga Petrakovska, Marharyta Dubnytska

Olga Petrakovska. ScD, eng., Prof. Head of Land Management and Cadastre Departament Kyiv National University of Construction and Architecture (Kyiv, Ukraine)
Marharyta Dubnytska. Assistant of Land Management and Cadastre Departament, Kyiv National University of Construction and Architecture (Kyiv, Ukraine)
petrakovskaolga@gmail.com, dubnytskamv@gmail.com

ORCID ID: 0000-0002-9437-9730, ORCID: 0000-0002-1907-1496

Anotation. The article deals with the problem of water objects monitoring in urban areas. The information about an actual state of water bodies is necessary for making managerial decisions regarding them. Improving the control and monitoring of water objects is particularly important for urban areas, where intensive multipurpose use and anthropogenic impact consequently leads to damage to the water bodies. One of the main problems of water objects monitoring is the absence of an aggregated information system, both in Ukraine and abroad. Considering this, the state of water objects monitoring in Ukraine, as well as foreign experience in this sphere is analyzed. The conclusion is drawn that a three-dimensional cadastre is a suitable tool for the proper provision of information needs for monitoring and resolution of interdisciplinary water management tasks. The set of international standards, which determine requirements for modern cadastral systems in general, and to the monitoring systems of the water objects in particular, was defined. This allowed to form a structure of information layers for 3D cadastre of water objects. The entire array of information about water objects is united into two large groups: immanent and transcendental information. The main characteristics of these information groups, which allow to carry out an adequate and effective monitoring of water bodies, are systematized. The conceptual UML-model for 3D cadastre of water objects is based on structuration of the initial information. The obtained result of calculation an effectiveness of the developed model proved that during the seventh year the 3D cadastral system becomes self-sustaining, in accordance with the requirements of INSPIRE. The developed conceptual model of the 3D cadastre of water objects provides an increasing the efficiency of decision-making on the use of water objects.
Keywords: The article deals with the problem of water objects monitoring in urban areas. The information about an actual state of water bodies is necessary for making managerial decisions regarding them. Improving the control and monitoring of water objects is particularly important for urban areas, where intensive multipurpose use and anthropogenic impact consequently leads to damage to the water bodies. One of the main problems of water objects monitoring is the absence of an aggregated information system, both in Ukraine and abroad. Considering this, the state of water objects monitoring in Ukraine, as well as foreign experience in this sphere is analyzed. The conclusion is drawn that a three-dimensional cadastre is a suitable tool for the proper provision of information needs for monitoring and resolution of interdisciplinary water management tasks. The set of international standards, which determine requirements for modern cadastral systems in general, and to the monitoring systems of the water objects in particular, was defined. This allowed to form a structure of information layers for 3D cadastre of water objects. The entire array of information about water objects is united into two large groups: immanent and transcendental information. The main characteristics of these information groups, which allow to carry out an adequate and effective monitoring of water bodies, are systematized. The conceptual UML-model for 3D cadastre of water objects is based on structuration of the initial information. The obtained result of calculation an effectiveness of the developed model proved that during the seventh year the 3D cadastral system becomes self-sustaining, in accordance with the requirements of INSPIRE. The developed conceptual model of the 3D cadastre of water objects provides an increasing the efficiency of decision-making on the use of water objects.

INFORMATION AND ANALYTICAL SUPPORT OF THE ACTIVITIES OF THE SUBSIDIARIES OF THE STATE BORDER BORDER SERVICE OF UKRAINE

Yuri Petriv

Postgraduate student
of the Department of Operational and Investigative Activity of the Faculty №2 of the Institute for Training Specialists for the National Police Units
of the Lviv State University of Internal Affairs (Lviv, Ukraine)
Petriv_YP@ukr.net

ORCID ID: 0000-0002-5830-4969

Anotation. The analysis of information and analytical support of the activities of the departments of internal and own security of the State Border Service of Ukraine is carried out. Interconnected components of information support (information systems, analytical work, management) are considered. It is noted that criminal analysis is a specific type of information and analytical activity of law enforcement agencies. The analytical work uses: operational analysis; tactical analysis; strategic analysis. The constituent elements of the concept of information and analytical work in ORD and their features (Information and analytical work in ORD; Subjects; Objects; Mechanism of information and analytical work; Subject of information and analytical work in ORD; Basic means of information and analytical work in ORD; Purpose of information-analytical work; Basic forms of information-analytical work in ORD) Attention is focused on the main information resources used in the process of information-analytical work in ORD. An important prerequisite for combating crime is the effective use of the operational accounting system. The use of the Hart-1 information and telecommunication system of the State Border Service of Ukraine and the integrated interagency information and telecommunication system for control of persons, vehicles and goods crossing the state border of Ukraine (Arkan system) is analyzed.
Keywords: The analysis of information and analytical support of the activities of the departments of internal and own security of the State Border Service of Ukraine is carried out. Interconnected components of information support (information systems, analytical work, management) are considered. It is noted that criminal analysis is a specific type of information and analytical activity of law enforcement agencies. The analytical work uses: operational analysis; tactical analysis; strategic analysis. The constituent elements of the concept of information and analytical work in ORD and their features (Information and analytical work in ORD; Subjects; Objects; Mechanism of information and analytical work; Subject of information and analytical work in ORD; Basic means of information and analytical work in ORD; Purpose of information-analytical work; Basic forms of information-analytical work in ORD) Attention is focused on the main information resources used in the process of information-analytical work in ORD. An important prerequisite for combating crime is the effective use of the operational accounting system. The use of the Hart-1 information and telecommunication system of the State Border Service of Ukraine and the integrated interagency information and telecommunication system for control of persons, vehicles and goods crossing the state border of Ukraine (Arkan system) is analyzed.

THE ROLE OF PEDAGOGICAL PRACTICE IN THE FORMATION OF THE PROFESSIONAL POSITION OF FUTURE TEACHER IN THE PRIMARY SCHOOL

Dmitry Prima

Candidate of Pedagogical Sciences, Associate Professor,
Department of teaching methods of school subjects,
Volyn Institute of Postgraduate Pedagogical Education, (Lutsk, Ukraine)
primar@ukr.net

ORCID ID: 0000-0002-2102-9932

Anotation. The importance of understanding the future teachers of the elementary school about the role of pedagogical practice in fulfilling the tasks of increasing its applied functionalities in forming the professional position of the teacher is updated. Pedagogical practice is considered as educational-professional activity, which combines elements of training and practical training, formation of professional pedagogical thinking, professional-pedagogical orientation, value attitude to the teacher's profession, creative self-development of the student, which form the basis for the professional position of the future teacher-class teacher. The emphasis is on the technology of "ETRA" (Experience - Tactics - Reflection - Application), the use of which contributes to the development of pedagogical skills and skills through the involvement of students in various types of pedagogical practice in order to form a pedagogical experience as a basis for the professional position of the future teacher in professional activities. The components of the professional position of the future teacher of elementary school are determined - value-motivational, cognitive-intellectual, creative-activity, reflexivity and evaluation - their content content in the course of pedagogical practice. The necessity of psychological and pedagogical support of the future teacher of elementary school as a holistic and continuous process of studying and analyzing the activity of a student-practitioner, formation and correction of his individual qualities, provision of professional assistance at all stages of pedagogical practice is noted. It is generalized that the distinctive feature of the psychological and pedagogical support of the future teacher of elementary school from the traditional practice of practice is the creation of conditions for tolerant professional communication at the level of the "subject-subject" interaction. It was found out that the organization and conduct of pedagogical practice, which would contribute to the formation of the professional position of the future teacher of elementary school, should be carried out in three stages: preparatory, formative and reflexive and final. The formative stage of pedagogical practice is characterized through the specification of the stages (adaptation of the future teacher of the elementary school to the new conditions of professional activity, activization of professional activity, creative interpretation of own professional pedagogical experience) and psychological and pedagogical support.It is concluded that the formative stage of pedagogical practice is a period of consistent change of ways of carrying out professional and pedagogical activity by the future teacher of elementary school: from performing - to reproductive and further - to creative interpretation of own experience, which testifies to the reflexive and final stage of pedagogical practice.
Keywords: The importance of understanding the future teachers of the elementary school about the role of pedagogical practice in fulfilling the tasks of increasing its applied functionalities in forming the professional position of the teacher is updated. Pedagogical practice is considered as educational-professional activity, which combines elements of training and practical training, formation of professional pedagogical thinking, professional-pedagogical orientation, value attitude to the teacher's profession, creative self-development of the student, which form the basis for the professional position of the future teacher-class teacher. The emphasis is on the technology of "ETRA" (Experience - Tactics - Reflection - Application), the use of which contributes to the development of pedagogical skills and skills through the involvement of students in various types of pedagogical practice in order to form a pedagogical experience as a basis for the professional position of the future teacher in professional activities. The components of the professional position of the future teacher of elementary school are determined - value-motivational, cognitive-intellectual, creative-activity, reflexivity and evaluation - their content content in the course of pedagogical practice. The necessity of psychological and pedagogical support of the future teacher of elementary school as a holistic and continuous process of studying and analyzing the activity of a student-practitioner, formation and correction of his individual qualities, provision of professional assistance at all stages of pedagogical practice is noted. It is generalized that the distinctive feature of the psychological and pedagogical support of the future teacher of elementary school from the traditional practice of practice is the creation of conditions for tolerant professional communication at the level of the "subject-subject" interaction. It was found out that the organization and conduct of pedagogical practice, which would contribute to the formation of the professional position of the future teacher of elementary school, should be carried out in three stages: preparatory, formative and reflexive and final. The formative stage of pedagogical practice is characterized through the specification of the stages (adaptation of the future teacher of the elementary school to the new conditions of professional activity, activization of professional activity, creative interpretation of own professional pedagogical experience) and psychological and pedagogical support.It is concluded that the formative stage of pedagogical practice is a period of consistent change of ways of carrying out professional and pedagogical activity by the future teacher of elementary school: from performing - to reproductive and further - to creative interpretation of own experience, which testifies to the reflexive and final stage of pedagogical practice.

SPIRITUAL-MORAL RESOURCES OF NORRITORY OF CORDOCENTRISM AND MUTUAL UNDERSTANDING IN TRAINING OF SOCIAL EDUCATORS

Halyna Sahach

Doctor of pedagogical sciences, doctor of theology, doctor of philosophy phd, professor,
department of social and humanitarian education,
Оdessa academy of continuing education, (Оdessa, Ukraine)
chm0247@ukr.net

ORCID ID: 0000-0001-9228-1652

Anotation. The author analyzes the problem of the spirituality of upbringing the personality in the non-rhetoric of cordocentrism on the principles of the philosophy of the heart of Gregory Skovoroda, Pamfil Yurkevich, Nikolai Gogol, Vasyl Zenkovsky and other velements of the spirit and words in the conditions of crisis, faith, morals, inflation of the word. Characterizes the potential of non-rhythmicity of cordocentrism in the national-patriotic, spiritual, moral, state development of the creative person homo verbo agens, which is based on the best achievements of the educational ideal of the Ukrainian people of European and world value experience. The integration approach of rhetoric, rhetoric, homiletics, philosophy, pedagogy, psychology, etc. to the horizons of spirituality of education of the rhetorical personality culture of the twenty-first century is covered. with the goal of broad humanization of society, democratization of power, strengthening of the spiritual and moral security of the state.
Keywords: The author analyzes the problem of the spirituality of upbringing the personality in the non-rhetoric of cordocentrism on the principles of the philosophy of the heart of Gregory Skovoroda, Pamfil Yurkevich, Nikolai Gogol, Vasyl Zenkovsky and other velements of the spirit and words in the conditions of crisis, faith, morals, inflation of the word. Characterizes the potential of non-rhythmicity of cordocentrism in the national-patriotic, spiritual, moral, state development of the creative person homo verbo agens, which is based on the best achievements of the educational ideal of the Ukrainian people of European and world value experience. The integration approach of rhetoric, rhetoric, homiletics, philosophy, pedagogy, psychology, etc. to the horizons of spirituality of education of the rhetorical personality culture of the twenty-first century is covered. with the goal of broad humanization of society, democratization of power, strengthening of the spiritual and moral security of the state.

CHARACTERISTICS OF ENSURING PUBLIC SECURITY SYSTEM ELEMENTS IN UKRAINE

Ruslana Shirshikova

Candidate of Law, Associate Professor,
Associate Professor of the Department of Civil Law
Lesya Ukrainka Eastern European National University (Lutsk, Ukraine)
ms.rusll@ukr.net

ORCID ID: 0000-0001-9840-1045

Anotation. In the provisions of the scientific article the author defines main elements of ensuring security system in Ukraine on the basis of analyzing valid normative and legal documents of Ukraine, the opinions of the leading scientists in the sphere of administrative law. The author determines main tasks of Public Security Strategy, characterizes public security principles, defines the objects of Public Security Strategy and civil protection of Ukraine, characterizes subjects of ensuring Public Security Strategy and civil protection of Ukraine. On this ground the author’s vision is suggested in terms of introducing changes and amendments to the current legislation in the part concerning development of further administrative and legal regulating public security in Ukraine, that is, to amend p.1 art.1 of Law of Ukraine “ On the National Security of Ukraine” with the following point 10 – 1 objects of national security of Ukraine including: Constitutional rights and freedoms of a person and citizen; Ukrainian society, its spiritual, moral and ethical, cultural, historical, intellectual, material values, informational, environmental and natural resources; Ukrainian state, its Constitutional order, sovereignty, territorial integrity and inviolability.
Keywords: In the provisions of the scientific article the author defines main elements of ensuring security system in Ukraine on the basis of analyzing valid normative and legal documents of Ukraine, the opinions of the leading scientists in the sphere of administrative law. The author determines main tasks of Public Security Strategy, characterizes public security principles, defines the objects of Public Security Strategy and civil protection of Ukraine, characterizes subjects of ensuring Public Security Strategy and civil protection of Ukraine. On this ground the author’s vision is suggested in terms of introducing changes and amendments to the current legislation in the part concerning development of further administrative and legal regulating public security in Ukraine, that is, to amend p.1 art.1 of Law of Ukraine “ On the National Security of Ukraine” with the following point 10 – 1 objects of national security of Ukraine including: Constitutional rights and freedoms of a person and citizen; Ukrainian society, its spiritual, moral and ethical, cultural, historical, intellectual, material values, informational, environmental and natural resources; Ukrainian state, its Constitutional order, sovereignty, territorial integrity and inviolability.

PROBLEMAL ISSUES ON THE ARREST OF THE PROPERTY OF THE PROPERTY DETERMINED DURING THE SEARCH AND DETERMINING ITS STATUS

Anatoly Simchuk, Marina Kulik

Anatoly Simchuk. Senior Lecturer in the Department of Pre-trial Investigation, National Academy of Internal Affairs (Kyiv, Ukraine)
Marina Kulik. Candidate of Legal Sciences associate Professor of the Department of Pre-trial Investigation, National Academy of Internal Affairs (Kyiv, Ukraina)
symchykas@gmail.com, coolss777@ukr.net

ORCID ID: 0000-0002-8663-8210, ORCID ID: 0000-0003-1373-6749

Anotation. Article 41 of the Constitution of Ukraine stipulates that no one can be unlawfully deprived of his / her property rights. According to Art. 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, no one may be deprived of his property except in the interests of society and under the conditions provided for by law and by the general principles of international law. These and other regulations justify the need for detailed regulation of the procedure for the use of property seizure as a measure of criminal proceedings. In this context, an important aspect of criminal proceedings is the search for a proper balance between private and public interests, the creation of preconditions for persons who own property to exercise their powers over their property and, at the same time, to achieve the objectives of criminal proceedings. At present, the current criminal procedural legislation of Ukraine does not sufficiently regulate the implementation of such a constitutional basis of pre-trial criminal proceedings as the inviolability of property rights during a series of investigative (investigative) and vague investigative (investigative) actions related to the deprivation or restriction of property rights procedural procedure for the use of property seized, both on the basis of a court decision and without it. In particular, this applies to such investigative (search) activity as a search. This article is dedicated to investigating the problem of seizure of property seized during a search. In the context, attention is paid to determining the legal status of property seized during a search carried out on the basis of the investigative judge's order and to distinguish between criminal proceedings and investigative (investigative) actions carried out on the basis of a court order. The problems that arise with the identification of certain items seized during the search as physical evidence and subsequently the possibility of returning them to the rightful owner are considered. In conclusion, the authors propose key provisions for solving problems of seizure of confiscated property during and without a search of a court order.
Keywords: Article 41 of the Constitution of Ukraine stipulates that no one can be unlawfully deprived of his / her property rights. According to Art. 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, no one may be deprived of his property except in the interests of society and under the conditions provided for by law and by the general principles of international law. These and other regulations justify the need for detailed regulation of the procedure for the use of property seizure as a measure of criminal proceedings. In this context, an important aspect of criminal proceedings is the search for a proper balance between private and public interests, the creation of preconditions for persons who own property to exercise their powers over their property and, at the same time, to achieve the objectives of criminal proceedings. At present, the current criminal procedural legislation of Ukraine does not sufficiently regulate the implementation of such a constitutional basis of pre-trial criminal proceedings as the inviolability of property rights during a series of investigative (investigative) and vague investigative (investigative) actions related to the deprivation or restriction of property rights procedural procedure for the use of property seized, both on the basis of a court decision and without it. In particular, this applies to such investigative (search) activity as a search. This article is dedicated to investigating the problem of seizure of property seized during a search. In the context, attention is paid to determining the legal status of property seized during a search carried out on the basis of the investigative judge's order and to distinguish between criminal proceedings and investigative (investigative) actions carried out on the basis of a court order. The problems that arise with the identification of certain items seized during the search as physical evidence and subsequently the possibility of returning them to the rightful owner are considered. In conclusion, the authors propose key provisions for solving problems of seizure of confiscated property during and without a search of a court order.

POLITICAL-LEGAL CONTROL AND THE FIGHT AGAINST "BOURGEOIS NATIONALISM" IN UKRAINIAN HISTORICAL SCIENCE (40-50S OF XX CENTURY)

Natalia Siruk, Svetlana Bulavina

Natalia Siruk. Candidate of Historical Sciences, Lecturer in History of Volyn College, National University of Food Technology (Lutsk, Ukraine)
Svetlana Bulavina. Candidate of Historical Sciences, Associate Professor of the Department of Theory and History of State and Law at Lesya Ukrainka Eastern European National University (Lutsk, Ukraine)
siruk.nat@meta.ua, sbul16@ukr.net

ORCID ID: 0000-0003-3504-9368, ORCID 0000-0003-1239-0563

Anotation. In today's context, the revival of national historical memory is of particular importance. One of the characteristic phenomena of social and political life in the postwar years was the increasing pressure of the totalitarian system on the scientific sphere. Powerful methods of governing science were approved, the purpose of which was to guarantee the domination of Stalin's doctrine, to secure the secrecy of the scientific sphere, to isolate it from the world scientific process. The party and administrative bodies needed not ideological scientific research, but ideological works designed to refute the ideological and theoretical foundations of the Ukrainian national liberation movement. Moreover, considering the humanitarian scholars as "partisan parties", the regime sought to maximize their use in propaganda activities, involved in speeches at various pro-Soviet events, on the radio, in the press, to debunk the so-called "Ukrainian bourgeois nationalism." The Ukrainian political intelligentsia's departure from class positions has been sought to be found among historians by party structures of Ukraine, however, the government has focused its attention on working with the intelligentsia of the western regions of Ukraine, which have been subjected to particular pressure by the authorities.
Keywords: In today's context, the revival of national historical memory is of particular importance. One of the characteristic phenomena of social and political life in the postwar years was the increasing pressure of the totalitarian system on the scientific sphere. Powerful methods of governing science were approved, the purpose of which was to guarantee the domination of Stalin's doctrine, to secure the secrecy of the scientific sphere, to isolate it from the world scientific process. The party and administrative bodies needed not ideological scientific research, but ideological works designed to refute the ideological and theoretical foundations of the Ukrainian national liberation movement. Moreover, considering the humanitarian scholars as "partisan parties", the regime sought to maximize their use in propaganda activities, involved in speeches at various pro-Soviet events, on the radio, in the press, to debunk the so-called "Ukrainian bourgeois nationalism." The Ukrainian political intelligentsia's departure from class positions has been sought to be found among historians by party structures of Ukraine, however, the government has focused its attention on working with the intelligentsia of the western regions of Ukraine, which have been subjected to particular pressure by the authorities.

MEASURES OF SPECIAL CRIMINOLOGICAL PREVENTION OF CRIMES IN THE SPHERE O PENSION PROVISION

Lyubov Sorokina

aspirant
judge assistant of Kyiv appellate economic court,
National Academy of Internal Affairs, (Kyiv, Ukraine)
sorokinag@ukr.net

ORCID ID: 0000-0002-0776-1246

Anotation. The main directions of special criminological prevention of crime in the sphere of pension provision are explored in this article namely prevention of corruption in the sphere of pension provision activity of National Police of Ukraine concerning the detection and termination of crimes in the sphere of pension provision and non-targeted usage of budgeted cash by them prevention of crimes in the sphere of pension provision which are omitted by non-governmental pension funds. Thereby the latest economic realities and challenges of time demand principally new reasonable approaches to the provision in one hand the appropriate legal protection of citizens of Ukraine from new kinds of financial fraud in the other hand the creation of legal principles which adequate to time for implementation of entrepreneurial activity . Shaping of modern strategy of counteraction to financial crimes should be based on the results of scientific comprehension in-depth research of quantitative and qualitative characteristics of separate technologies of criminal activity study of its connections with economic surroundings taking into account the experience of other countries and recognized international standards. At present the targeted nationwide and special preventive measures are being developed which in the complex will allow to prevent possible many millions of losses of citizens of business entities and of the state. In our opinion you should implement the control measure in budgeted funds for successful obtaining of information about offences which are committed in the sphere of pension provision that is: to introduce a constant monitoring of budget expenditures through the introduction of a budget passport; to organize its operative support on the basis of data monitoring of budget expenditures ( a budget passport ); to improve operative overlapping of main managers of budgeted funds; to organize qualitative and all-round working out of the mentioned managers of the budgeted funds. The following directions of the state control may also promote the detection, termination and prevention of crimes in the sphere of pension provision: measures concerning provision of financial control in the country; measure concerning provision of tax control; control from the side of law enforcement organs. The following working out must be carried out without fail by Nation Police of Ukraine with the involvement of units of State Fiscal Service of Ukraine for the purpose of compliance installation of order of carrying out of reimbursement to the Pension Fund of Ukraine and legality of implementation of cash expenses by structural units of the specified fund. Thereby the prevention of crimes in the sphere of pension provision is a multilevel system of measures with are executed by the subjects of prevention and is directed to: the detection and elimination of criminogenic situations which directly motivate or provoke committing crimes; the detection of increased criminal risk and its decreased criminal risk and its decrease in he structure of pension system; the detection of the officials whose behavior indicate to the real possibility of committing crimes and the direction of deterrent and corrective influence against them. You can use some of the existing in other branches preventive measures against office rimes in the sphere of economics prevention of corruption in one hand in the other hand you should develop specific measures of prevention which are typical for crimes only in the pension sphere( preventive measures of issuance of documents with inaccurate information for assignment of pension in particular he clarification to pensions as well as to the persons who issue such documents the responsibility about illegal receiving of pension the creation of local network about the recipients of pensions in the context of subjects of Ukraine) during the realization of special criminological prevention .Besides the mandatory checking by the employees of the organs who execute pension provision of document about salaries and wages is advisable. A number of institutions (National agency of Ukraine n Detection Search and Asset Management which are obtained from corruption and other crimes National Anti-Corruption Bureau of Ukraine)are proposed to be included into the of organs which are authorized to prevent crimes in the sphere of pension provision considering the creation of new organs.
Keywords: The main directions of special criminological prevention of crime in the sphere of pension provision are explored in this article namely prevention of corruption in the sphere of pension provision activity of National Police of Ukraine concerning the detection and termination of crimes in the sphere of pension provision and non-targeted usage of budgeted cash by them prevention of crimes in the sphere of pension provision which are omitted by non-governmental pension funds. Thereby the latest economic realities and challenges of time demand principally new reasonable approaches to the provision in one hand the appropriate legal protection of citizens of Ukraine from new kinds of financial fraud in the other hand the creation of legal principles which adequate to time for implementation of entrepreneurial activity . Shaping of modern strategy of counteraction to financial crimes should be based on the results of scientific comprehension in-depth research of quantitative and qualitative characteristics of separate technologies of criminal activity study of its connections with economic surroundings taking into account the experience of other countries and recognized international standards. At present the targeted nationwide and special preventive measures are being developed which in the complex will allow to prevent possible many millions of losses of citizens of business entities and of the state. In our opinion you should implement the control measure in budgeted funds for successful obtaining of information about offences which are committed in the sphere of pension provision that is: to introduce a constant monitoring of budget expenditures through the introduction of a budget passport; to organize its operative support on the basis of data monitoring of budget expenditures ( a budget passport ); to improve operative overlapping of main managers of budgeted funds; to organize qualitative and all-round working out of the mentioned managers of the budgeted funds. The following directions of the state control may also promote the detection, termination and prevention of crimes in the sphere of pension provision: measures concerning provision of financial control in the country; measure concerning provision of tax control; control from the side of law enforcement organs. The following working out must be carried out without fail by Nation Police of Ukraine with the involvement of units of State Fiscal Service of Ukraine for the purpose of compliance installation of order of carrying out of reimbursement to the Pension Fund of Ukraine and legality of implementation of cash expenses by structural units of the specified fund. Thereby the prevention of crimes in the sphere of pension provision is a multilevel system of measures with are executed by the subjects of prevention and is directed to: the detection and elimination of criminogenic situations which directly motivate or provoke committing crimes; the detection of increased criminal risk and its decreased criminal risk and its decrease in he structure of pension system; the detection of the officials whose behavior indicate to the real possibility of committing crimes and the direction of deterrent and corrective influence against them. You can use some of the existing in other branches preventive measures against office rimes in the sphere of economics prevention of corruption in one hand in the other hand you should develop specific measures of prevention which are typical for crimes only in the pension sphere( preventive measures of issuance of documents with inaccurate information for assignment of pension in particular he clarification to pensions as well as to the persons who issue such documents the responsibility about illegal receiving of pension the creation of local network about the recipients of pensions in the context of subjects of Ukraine) during the realization of special criminological prevention .Besides the mandatory checking by the employees of the organs who execute pension provision of document about salaries and wages is advisable. A number of institutions (National agency of Ukraine n Detection Search and Asset Management which are obtained from corruption and other crimes National Anti-Corruption Bureau of Ukraine)are proposed to be included into the of organs which are authorized to prevent crimes in the sphere of pension provision considering the creation of new organs.

PROBLEMATIC ISSUES OF REGULATION OF PRODUCTION IN HOUSING OR OTHER POSSESSION OF THE PERSON OF INVESTIGATIVE (SEARCH) ACTIONS

Sergey Tarasyuk

Managing Partner of Tarasyuk & Partners JSC,
graduate student of the Department of Criminal Procedure and Forensic Science
Academy of Advocacy of Ukraine, (Kyiv, Ukraine)
wtpaau1980@ukr.net

ORCID ID: 0000-0003-1165-5398

Anotation. The questions of the essence of investigative (search) actions in criminal proceedings, its normative base, functional purpose and correlation are investigated. Investigation (search) actions which can be carried out in the dwelling or other possession of the person and are directed on restriction of the constitutional rights of the person are allocated. Questions of its execution procedural order are analyzed. Proposals to the Criminal procedural legislation of Ukraine on ensuring constitutional human rights during investigative (search) actions in housing or other possession of a person are provided.
Keywords: The questions of the essence of investigative (search) actions in criminal proceedings, its normative base, functional purpose and correlation are investigated. Investigation (search) actions which can be carried out in the dwelling or other possession of the person and are directed on restriction of the constitutional rights of the person are allocated. Questions of its execution procedural order are analyzed. Proposals to the Criminal procedural legislation of Ukraine on ensuring constitutional human rights during investigative (search) actions in housing or other possession of a person are provided.

REALIZATION OF POLISH EASTERN POLICY REGARDING UKRAINE ON THE EXAMPLE OF HUMANITARIAN INTERSTATE COOPERATION

Tetyana Yelova

Ph.D. student Department
of Political Science
of Lesya Ukrainka East European National University (Lutsk, Ukraine)
tanya.yelova@gmail.com

ORCID ID: https://orcid.org/0000-0002-1059-5795

Anotation. The Polish Eastern policy regarding Ukraine in the period from 90s of the XX until early XXI century, with an emphasis on its realization in the humanitarian sphere is analyzed in the article. It is known that Ukraine occupied an important place in the foreign policy of the Republic of Poland, occupying a leading position in Polish Eastern policy in the period from 1989 until 2010. It is at this time that the establishment and development of bilateral relations of the young independent states, which have taken an evolutionary step by establishing and developing good neighborly relations to the level of strategic partnership. The humanitarian sphere became one of the important components of Polish Eastern policy in the researched period. The main goal of Polish Eastern policy became the the responding to changes that take place of eastern abroad of the Republic of Poland and establishing relations with the former republics of the Soviet Union, primarily with those which shared a border with Poland. Problems of historical memory, harmonization of complex historical contradictions and the policy of interethnic reconciliation, cultural cooperation and interaction in the sphere of science and education – this is not a complete list of elements of humanitarian cooperation between the Republic of Poland and Ukraine, which are analyzed in the provided article.
Keywords: The Polish Eastern policy regarding Ukraine in the period from 90s of the XX until early XXI century, with an emphasis on its realization in the humanitarian sphere is analyzed in the article. It is known that Ukraine occupied an important place in the foreign policy of the Republic of Poland, occupying a leading position in Polish Eastern policy in the period from 1989 until 2010. It is at this time that the establishment and development of bilateral relations of the young independent states, which have taken an evolutionary step by establishing and developing good neighborly relations to the level of strategic partnership. The humanitarian sphere became one of the important components of Polish Eastern policy in the researched period. The main goal of Polish Eastern policy became the the responding to changes that take place of eastern abroad of the Republic of Poland and establishing relations with the former republics of the Soviet Union, primarily with those which shared a border with Poland. Problems of historical memory, harmonization of complex historical contradictions and the policy of interethnic reconciliation, cultural cooperation and interaction in the sphere of science and education – this is not a complete list of elements of humanitarian cooperation between the Republic of Poland and Ukraine, which are analyzed in the provided article.

LEGAL RELATIONS OF SANITARY AND PHYTOSANITARY MEASURES APPLICATION: ECOLOGICAL AND LEGAL COMPONENT OF LEGAL NATURE

Nataliia Karpinska

Candidate of Juridical Sciences, Associate Professor
at the Department of Civil and Juridical Disciplines
of Lesya Ukrainka Eastern European National University (Lutsk, Ukraine)
n.karpinska@ukr.net

ORCID ID: 0000-0001-9658-3623

Anotation. The article is devoted to the study of the ecological and legal components of the legal nature of the relationship of sanitary and phytosanitary measures application. Pointing out that the legal relations of application of sanitary and phytosanitary measures form a whole set of heterogeneous social relations regulated by legal norms of various branches of law, the article identifies and analyzes the components of their legal nature: agrarian-legal, environment-legal, administrative-legal, and international-legal. Taking into account that the isolated components are a closely interconnected complex, their internal hierarchy is established. The ecological and legal component is secondary in this hierarchy, as it arises due to the emergence of environmental risks in the application of sanitary and phytosanitary measures during agricultural activities. Also, the article highlights the concept of environmental risk, which combines the relationship between the application of sanitary and phytosanitary measures in agriculture and environmental safety. The defining role of the state in carrying out its ecological function is substantiated, and the concept of the ecological state constructed in the doctrine is reviewed. The state establishes certain measurable criteria, indicators of ecological safety during application of sanitary and phytosanitary measures, taking into account own possibilities of their monitoring and control over their observance, at the same time, has to consider also the international obligations in this sphere, even if ecological risks for life and health of people, plants and animals are preserved.
Keywords: The article is devoted to the study of the ecological and legal components of the legal nature of the relationship of sanitary and phytosanitary measures application. Pointing out that the legal relations of application of sanitary and phytosanitary measures form a whole set of heterogeneous social relations regulated by legal norms of various branches of law, the article identifies and analyzes the components of their legal nature: agrarian-legal, environment-legal, administrative-legal, and international-legal. Taking into account that the isolated components are a closely interconnected complex, their internal hierarchy is established. The ecological and legal component is secondary in this hierarchy, as it arises due to the emergence of environmental risks in the application of sanitary and phytosanitary measures during agricultural activities. Also, the article highlights the concept of environmental risk, which combines the relationship between the application of sanitary and phytosanitary measures in agriculture and environmental safety. The defining role of the state in carrying out its ecological function is substantiated, and the concept of the ecological state constructed in the doctrine is reviewed. The state establishes certain measurable criteria, indicators of ecological safety during application of sanitary and phytosanitary measures, taking into account own possibilities of their monitoring and control over their observance, at the same time, has to consider also the international obligations in this sphere, even if ecological risks for life and health of people, plants and animals are preserved.