Journal №5 (33) vol. 2 / 2020|KELM

LIST OF FILES

THE HERMENEUTIC NATURE OF DESIGN ON THE EXAMPLE OF GRAPHIC TRANSFORMATION OF FORM IN OPTICAL ART

Valeriia Ivchenko

Postgraduate Student at the Department of Pedagogy
Kryvyi Rih State Pedagogical University (Kryvyi Rih, Dnipropetrovsk region, Ukraine)

ORCID ID: 0000-0002-8011-2306

Anotation. The article highlights the results of the diagnostic stage of a natural pedagogical experiment to prepare future designers for the artistic and aesthetic interpretation of works of fine art. The following scientific methods were used to solve the tasks and ensure the reliability of the provisions and conclusions: study and generalization of theoretical and practical scientific experience, analysis, synthesis, comparison, explanation, conversation, lecture, artistic and aesthetic interpretation of works of art. The author explores the hermeneutic nature of artistic and project activity and its integrative connection with the nature of being in its material (subject, natural) and spiritual manifestations of human existence on the example of scientific and artistic achievements of artists of kinetic art. In the article the author on the basis of a survey of future designers, on their own understanding of the true essence of graphic transformation of form in design, explores the degree of development of emotional intelligence, critical, spatial and figurative thinking of students. The author reflects as a critical understanding of the essence of logical-intuitive and intuitive-logical way of knowing the construct of artistic and aesthetic interpretation of art, forms in students a conscious understanding of the need to distinguish emotionally superficial primary monologue and deep dialectical interaction in the communication channel of interpretation. The author emphasizes the understanding of the natural foundation of creative activity based on cognitive, spiritual and material development of man and its role in understanding the true power of art, both in the image and in the formation of information innovations in society. The author argues the need to master the complex specifics of the didactic triad of artistic and aesthetic interpretation by future designers in the process of personal and professional self-actualization.
Keywords: The article highlights the results of the diagnostic stage of a natural pedagogical experiment to prepare future designers for the artistic and aesthetic interpretation of works of fine art. The following scientific methods were used to solve the tasks and ensure the reliability of the provisions and conclusions: study and generalization of theoretical and practical scientific experience, analysis, synthesis, comparison, explanation, conversation, lecture, artistic and aesthetic interpretation of works of art. The author explores the hermeneutic nature of artistic and project activity and its integrative connection with the nature of being in its material (subject, natural) and spiritual manifestations of human existence on the example of scientific and artistic achievements of artists of kinetic art. In the article the author on the basis of a survey of future designers, on their own understanding of the true essence of graphic transformation of form in design, explores the degree of development of emotional intelligence, critical, spatial and figurative thinking of students. The author reflects as a critical understanding of the essence of logical-intuitive and intuitive-logical way of knowing the construct of artistic and aesthetic interpretation of art, forms in students a conscious understanding of the need to distinguish emotionally superficial primary monologue and deep dialectical interaction in the communication channel of interpretation. The author emphasizes the understanding of the natural foundation of creative activity based on cognitive, spiritual and material development of man and its role in understanding the true power of art, both in the image and in the formation of information innovations in society. The author argues the need to master the complex specifics of the didactic triad of artistic and aesthetic interpretation by future designers in the process of personal and professional self-actualization.

THE ROLE OF AMERICAN HIGHER EDUCATION IN STUDENT SUCCESS

Olena Kozmenko

Candidate of Pedagogical Sciences, Associate Professor, Associate Professor at the Foreign Languages and Professional Communication Department, Doctoral Student at the Department of Pedagogy
Volodymyr Dahl East Ukrainian National University (Severodonetsk, Luhansk region, Ukraine)

ORCID ID: 0000-0002-7063-2324

Anotation. The article presents an analysis of the definitions of student success in higher education. Scholars offer many terms to outline certain aspects of achievement during educational process: “academic success”, “success of training”, “success of the education”, “academic achievement” and others. But within our study, it is appropriate to use the term “student success”, because it allows us to define this concept more broadly and capaciously. American scientists’ studies show different views on this problem, provide different interpretations. This is due to the diversity of the US higher education system. Identifying the features of American higher education helps to understand its uniqueness and help increase efficiency. The purpose of the article is to provide an analysis of differences in determining student success, to consider the specific characteristics of the US higher education system according to the criteria developed by the author. The presented analysis demonstrates a variety of approaches to defining the concept of success in higher education, which indicates the multidimensionality of this phenomenon. The proposed conclusions provide a basis for further research of the study of student success in the United States.
Keywords: The article presents an analysis of the definitions of student success in higher education. Scholars offer many terms to outline certain aspects of achievement during educational process: “academic success”, “success of training”, “success of the education”, “academic achievement” and others. But within our study, it is appropriate to use the term “student success”, because it allows us to define this concept more broadly and capaciously. American scientists’ studies show different views on this problem, provide different interpretations. This is due to the diversity of the US higher education system. Identifying the features of American higher education helps to understand its uniqueness and help increase efficiency. The purpose of the article is to provide an analysis of differences in determining student success, to consider the specific characteristics of the US higher education system according to the criteria developed by the author. The presented analysis demonstrates a variety of approaches to defining the concept of success in higher education, which indicates the multidimensionality of this phenomenon. The proposed conclusions provide a basis for further research of the study of student success in the United States.

DEVELOPMENT OF DIGITAL SKILLS OF THE TEACHER OF ART IN POSTGRADUATE EDUCATION

Liudmyla Kondratova

Candidate of Pedagogical Sciences, Associate Professor, Associate Professor at the Department of Open Educational Systems and Information and Communication Technologies
University of Educational Management (Kyiv, Ukraine)

ORCID ID: 0000-0002-8523-5567

Anotation. The purpose of this work is to consider the features of the process of development of digital skills of art teachers in postgraduate education. The peculiarities of the modern process of digitalization of art education are determined and the own interpretation of the concept of digital skill of an art teacher is presented and the advantages of digital skill development in the postgraduate process are given. The conditions for the development of digital skills of art teachers in the postgraduate process are considered. The peculiarities of the author’s course on professional development of art teachers in the conditions of an open university are considered. The description of important digital skills of the teacher which get development in the course of training on an author’s course is given. The experience of organizing teacher training is presented and the main achievements of teacher training in postgraduate education are described. Effective forms and achievements in the development of digital skills of art teachers are considered. The peculiarities of the organization of advanced training courses on the author’s course in the educational environment of Google Classroom are revealed. The results of research and experimental activities are presented. c in the postgraduate process on the basis of the author’s course of the open university of postgraduate education. In the given research methods are used: general scientific (analysis, synthesis, generalization), methods of theoretical research (from abstract to concrete), comparative method.
Keywords: The purpose of this work is to consider the features of the process of development of digital skills of art teachers in postgraduate education. The peculiarities of the modern process of digitalization of art education are determined and the own interpretation of the concept of digital skill of an art teacher is presented and the advantages of digital skill development in the postgraduate process are given. The conditions for the development of digital skills of art teachers in the postgraduate process are considered. The peculiarities of the author’s course on professional development of art teachers in the conditions of an open university are considered. The description of important digital skills of the teacher which get development in the course of training on an author’s course is given. The experience of organizing teacher training is presented and the main achievements of teacher training in postgraduate education are described. Effective forms and achievements in the development of digital skills of art teachers are considered. The peculiarities of the organization of advanced training courses on the author’s course in the educational environment of Google Classroom are revealed. The results of research and experimental activities are presented. c in the postgraduate process on the basis of the author’s course of the open university of postgraduate education. In the given research methods are used: general scientific (analysis, synthesis, generalization), methods of theoretical research (from abstract to concrete), comparative method.

CONTENT, PURPOSE AND DIRECTIONS OF OUT-OF-SCHOOL EDUCATION OF UKRAINE IN THE SOVIET PERIOD (1952 – 1990)

Larysa Kostenko

Candidate of Pedagogical Sciences, Head
Education Department of the City Council of Kropyvnytskyi (Kropyvnytskyi, Ukraine)

ORCID ID: 0000-0003-2930-7404

Anotation. Based on historical and pedagogical analysis the article reveals the content, purpose and directions of outof- school education in Ukraine in the eriod of 1952-1991. The author emphasizes that determining the content of out-ofschool education in this period depended on resolutions, decisions and tasks adopted by governmental bodies and was aimed at satisfying the needs of the state and the needs of children and teenagers in various fields of culture, science, technology, agriculture and at organization of meaningful and interesting leisure. The purpose of out-of-school education in the mentioned period was in bringing school closer to life, in practicing socialist construction, in ideological and political hardening of students, in the development of their initiative, activity. The publication distinguishes the areas of out-of-school education: political and educational; technical and productional; research; artistic and aesthetic; physical culture and sports; excursion and tourism; health; patriotic; leisure; regional studies (local history), library and bibliography. The author concludes that in 1952-1990 the purpose, content and the main directions of out-of-school education were determined at the state level. It was aimed at educating the younger generation, bringing up a comprehensively developed personality on the ideological background, which was determined by the state policy.
Keywords: Based on historical and pedagogical analysis the article reveals the content, purpose and directions of outof- school education in Ukraine in the eriod of 1952-1991. The author emphasizes that determining the content of out-ofschool education in this period depended on resolutions, decisions and tasks adopted by governmental bodies and was aimed at satisfying the needs of the state and the needs of children and teenagers in various fields of culture, science, technology, agriculture and at organization of meaningful and interesting leisure. The purpose of out-of-school education in the mentioned period was in bringing school closer to life, in practicing socialist construction, in ideological and political hardening of students, in the development of their initiative, activity. The publication distinguishes the areas of out-of-school education: political and educational; technical and productional; research; artistic and aesthetic; physical culture and sports; excursion and tourism; health; patriotic; leisure; regional studies (local history), library and bibliography. The author concludes that in 1952-1990 the purpose, content and the main directions of out-of-school education were determined at the state level. It was aimed at educating the younger generation, bringing up a comprehensively developed personality on the ideological background, which was determined by the state policy.

MUSICAL STYLE CATEGORY: PERCEPTION AND UNDERSTANDING

Yuliia Kapliienko-Iliuk

Ph. D. in Arts, Associate Professor, Associate Professor at the Department of Music
Yuriy Fedkovych Chernivtsi National University (Chernivtsi, Ukraine)

ORCID ID: 0000-0002-6114-9680

Anotation. The objective of the article is to highlight the features of the style category from different positions, which contributes to the formation of a multilevel character of perception and understanding of musical style. Methodology of the research is based on the general scientific principles of studying the process of a style category formation. Consideration of the main features of the style primarily uses works of musicological nature. The scientific novelty consists in systematic elucidation of different positions of perception of style as an aspect of musical thinking, the unity of phenomena, as a method and manner of composing. The category of musical style was formed on the basis of evolution of art-study views of different periods in the history of music. Recently, it has come to a new, integrative level of understanding the style, formed by interdisciplinary nature of perception and interpretation. The positions of aesthetics, psychology and literature studies reveal new trends in the study of this category, provide prospects for more complete definitions and characteristics of the style in musicology.
Keywords: The objective of the article is to highlight the features of the style category from different positions, which contributes to the formation of a multilevel character of perception and understanding of musical style. Methodology of the research is based on the general scientific principles of studying the process of a style category formation. Consideration of the main features of the style primarily uses works of musicological nature. The scientific novelty consists in systematic elucidation of different positions of perception of style as an aspect of musical thinking, the unity of phenomena, as a method and manner of composing. The category of musical style was formed on the basis of evolution of art-study views of different periods in the history of music. Recently, it has come to a new, integrative level of understanding the style, formed by interdisciplinary nature of perception and interpretation. The positions of aesthetics, psychology and literature studies reveal new trends in the study of this category, provide prospects for more complete definitions and characteristics of the style in musicology.

REQUIREMENTS FOR SCHOOL INTERIOR FURNISHING: EVOLUTION, CURRENT SITUATION, PROSPECTS

Danylo Kosenko

Associate Professor at the Department of Interior and Furniture Design
Kyiv National University of Technologies and Design (Kyiv, Ukraine)

ORCID ID: 0000-0002-1668-6911

Anotation. Classroom furnishing is an integral part of the school learning space. Analysing classroom furnishing means considering furniture types, suit completing and classroom arrangement. Based on socio-cultural requirements, three phases of classroom furnishing development are distinguished. Medieval and Renaissance school had a teacher-centred furnishing. Classroom furnishing of the 18th–19th centuries centres on content presentation facilities. From the turn of the 20th century learning space becomes child-centred, meaning flexible. In the last quarter of the 20th century, new socio-cultural requirements arise, based on partner school paradigms and participatory bottom-up processes. The learning spaces furnished in bottom-up cooperative processes are not yet able to consider all requirements integrally, which is a point of further development.
Keywords: Classroom furnishing is an integral part of the school learning space. Analysing classroom furnishing means considering furniture types, suit completing and classroom arrangement. Based on socio-cultural requirements, three phases of classroom furnishing development are distinguished. Medieval and Renaissance school had a teacher-centred furnishing. Classroom furnishing of the 18th–19th centuries centres on content presentation facilities. From the turn of the 20th century learning space becomes child-centred, meaning flexible. In the last quarter of the 20th century, new socio-cultural requirements arise, based on partner school paradigms and participatory bottom-up processes. The learning spaces furnished in bottom-up cooperative processes are not yet able to consider all requirements integrally, which is a point of further development.

LINGUISTIC MEANS OF “BLURRING” THE ENEMY IMAGE IN THE DISCOURSE OF INFORMATION WAR

Olha Kyryliuk

Candidate of Philological Sciences, Associate Professor, Doctoral Candidate at the Department of Ukrainian Philology, Theory and History of Literature
Petro Mohyla Black Sea National University (Mykolayiv, Ukraine)

ORCID ID: 0000-0002-9764-8756

Anotation. The paper analyses the linguistic means of “blurring” the image of the enemy in the discourse of information warfare that accompanies the Russian-Ukrainian armed conflict. The following research methods are used: discourse analysis, which made it possible to consider linguistic phenomena taking into account the influence of historical and social contexts; conceptual and semi-componential analysis. According to the results of the analysis, constructions that are repeated many times in different texts are singled out. To denote such constructions, the term “harmful linguomeme” is chosen. A total of 52 linguomems are recorded, grouped into two thematic groups: 1) constructions, the semantics of which levels the self-identification of society and introduce it into the psychoculture of the enemy; 2) constructions, the semantics of which shifts the responsibility for the war from the aggressor to the victim of aggression. It is established that the studied linguomemes are constructed in the form of rhetorical questions, slogans, noun-adjective and verb-noun compounds; two-member incomplete sentences, negative constructions, etc. The influence of such structures on the public consciousness is achieved by changing the set of lexemes to verbalize the concept of the ENEMY. Thus, the use of harmful linguomems in the information space distorts the real picture of the world, disorganizes and disorients society. Therefore, a detailed study of the linguistic content of the information field will facilitate the early detection of structures with harmful semantics and will form an effective system of countermeasures.
Keywords: The paper analyses the linguistic means of “blurring” the image of the enemy in the discourse of information warfare that accompanies the Russian-Ukrainian armed conflict. The following research methods are used: discourse analysis, which made it possible to consider linguistic phenomena taking into account the influence of historical and social contexts; conceptual and semi-componential analysis. According to the results of the analysis, constructions that are repeated many times in different texts are singled out. To denote such constructions, the term “harmful linguomeme” is chosen. A total of 52 linguomems are recorded, grouped into two thematic groups: 1) constructions, the semantics of which levels the self-identification of society and introduce it into the psychoculture of the enemy; 2) constructions, the semantics of which shifts the responsibility for the war from the aggressor to the victim of aggression. It is established that the studied linguomemes are constructed in the form of rhetorical questions, slogans, noun-adjective and verb-noun compounds; two-member incomplete sentences, negative constructions, etc. The influence of such structures on the public consciousness is achieved by changing the set of lexemes to verbalize the concept of the ENEMY. Thus, the use of harmful linguomems in the information space distorts the real picture of the world, disorganizes and disorients society. Therefore, a detailed study of the linguistic content of the information field will facilitate the early detection of structures with harmful semantics and will form an effective system of countermeasures.

POETIC REPORTS OF CALENDAR AND RITUAL FOLKLORE: SCIENTIFIC APPROACHES AND INTERPRETATIONS

Halyna Koval

Candidate of Philological Sciences, Senior Researcher at the Folklore Department
Ethnology Institute of the National Academy of Sciences of Ukraine (Lviv, Ukraine)

ORCID ID: 0000-0002-2998-2357

Anotation. The article presents the views of researchers in temporal dynamics on poetic expression of calendar and ritual works. Particular interest in different genres resulted in the emergence of studies, which have not lost their relevance until today – these are works of M. Maksymovych, I. Vahylevych, M. Kostomarov, O. Potebnia, I. Franko and others. We draw the attention to the views of O. Dei, who believed that calendar and ritual songs were characterized by poetic perfection, emotional and aesthetic richness. The folklorist stressed the need to study the poetics of folk texts, since the internal nature of the cognitive process, the psychology of the reality perception play an important role in the formation of folk poetics. This has become a priority for advanced studies, the object of which is folklore material in terms of textual and structural, cognitive, and ethnolinguistic characteristics.
Keywords: The article presents the views of researchers in temporal dynamics on poetic expression of calendar and ritual works. Particular interest in different genres resulted in the emergence of studies, which have not lost their relevance until today – these are works of M. Maksymovych, I. Vahylevych, M. Kostomarov, O. Potebnia, I. Franko and others. We draw the attention to the views of O. Dei, who believed that calendar and ritual songs were characterized by poetic perfection, emotional and aesthetic richness. The folklorist stressed the need to study the poetics of folk texts, since the internal nature of the cognitive process, the psychology of the reality perception play an important role in the formation of folk poetics. This has become a priority for advanced studies, the object of which is folklore material in terms of textual and structural, cognitive, and ethnolinguistic characteristics.

ETHNOGRAPHIC CREATIVITY OF THE CARPATHIAN REGION ON THE EXAMPLE OF FOLK EMBROIDERY

Karyna Kurtieva

Postgraduate Student in the study program “034 Culturology”
Kharkiv State Academy of Culture (Kharkiv, Ukraine)

ORCID ID: 0000-0001-8434-764X

Anotation. The article considers an important aspect of the ethnocultural heritage of the Ukrainian people – folk embroidery. Life, beliefs, customs, rites, folklore, worldview, were formed throughout the historical development – all these aspects were reflected in folk art, in particular, in embroidery. Literary, historical and ethnographic sources were used in the study of the article. The culturological and systemic approach became the foundation of research tools. This article is an attempt to explore the embroidery of the Carpathian region as one of the arts and crafts. The article analyzes the technique, traditions, expressive and aesthetic preferences, the choice of colors, ornaments, pictorial means and embroidery of its individual historical and ethnographic areas, namely: Hutsul, Boykiv, Lemko and Pokuttya. Thus, according to the results of the comparative method, it was established that the embroidery showed not only the region of residence, but even the village where the owner of the embroidered shirt lived. Today, the traditions of Ukrainian embroidery are a bit forgotten, but Prykarpattia is the ethnographic center where people not only remember the traditions, but also give a new impetus to the modern development.
Keywords: The article considers an important aspect of the ethnocultural heritage of the Ukrainian people – folk embroidery. Life, beliefs, customs, rites, folklore, worldview, were formed throughout the historical development – all these aspects were reflected in folk art, in particular, in embroidery. Literary, historical and ethnographic sources were used in the study of the article. The culturological and systemic approach became the foundation of research tools. This article is an attempt to explore the embroidery of the Carpathian region as one of the arts and crafts. The article analyzes the technique, traditions, expressive and aesthetic preferences, the choice of colors, ornaments, pictorial means and embroidery of its individual historical and ethnographic areas, namely: Hutsul, Boykiv, Lemko and Pokuttya. Thus, according to the results of the comparative method, it was established that the embroidery showed not only the region of residence, but even the village where the owner of the embroidered shirt lived. Today, the traditions of Ukrainian embroidery are a bit forgotten, but Prykarpattia is the ethnographic center where people not only remember the traditions, but also give a new impetus to the modern development.

TECHNOLOGIES OF PSYCHOLOGICAL WORK WITH GENDER STEREOTYPES, DISCRIMINATION AND SEXISM

Tetyana Zinchenko

Applicant at the Department of Psychology
Zaporizhzhia National University (Zaporizhia, Ukraine)

ORCID ID: 0000-0002-5854-556X

Anotation. The article is devoted to the analysis of the gender-oriented approach of psychological work with gender stereotypes, discrimination and sexism. The article considers methodical and theoretical approaches to group psychological work with stereotypes, theoretical substantiation of gender approach in psychologist’s work, also forms, tasks, principles of group work, interactive methods and techniques, methodical advice for trainers. The presented training program for prevention and overcoming gender stereotypes of appearance, discrimination and sexism consists of an introduction, three training sessions, summarizing and is designed for 19 hours of work. The program has been built according to the developed theoretical model, the results of empirical research: the first training session was devoted to gender stereotypes in general, the second – directly to gender stereotypes of appearance, attitude to one’s appearance (selfesteem), the third – to the opportunities to prevent and overcome gender stereotypes in various spheres of life.
Keywords: The article is devoted to the analysis of the gender-oriented approach of psychological work with gender stereotypes, discrimination and sexism. The article considers methodical and theoretical approaches to group psychological work with stereotypes, theoretical substantiation of gender approach in psychologist’s work, also forms, tasks, principles of group work, interactive methods and techniques, methodical advice for trainers. The presented training program for prevention and overcoming gender stereotypes of appearance, discrimination and sexism consists of an introduction, three training sessions, summarizing and is designed for 19 hours of work. The program has been built according to the developed theoretical model, the results of empirical research: the first training session was devoted to gender stereotypes in general, the second – directly to gender stereotypes of appearance, attitude to one’s appearance (selfesteem), the third – to the opportunities to prevent and overcome gender stereotypes in various spheres of life.

FEATURES OF THE DEVELOPMENT OF EMOTIONAL INTELLIGENCE AND ITS FACTORS IN EARLY AND LATE YOUNG AGE

Maryna Laas

Postgraduate Student at the Department of Social and Practical Psychology
Zhytomyr Ivan Franko State University (Zhytomyr, Ukraine)

ORCID ID: 0000-0002-8473-4188

Anotation. The article is devoted to the study of the peculiarities of emotional intelligence and the factors of its development in early and late young people. The sample consisted of 143 people of early and 143 lateyoung people aged 15 to 23 years. The following methods were used: D.V. Lusyn’s “EmIn” questionnaire, L.P. Zhuravlyova’s test for determining integral empathy in adolescents and young people and the method of diagnosing the emotional maturity of a person (MDEZO) by O.S. Kocharyan and M.A. Piven. The results indicate that age differences between the indicators of general emotional intelligence, intrapersonal intelligence and its components were found, but no significant differences were found between interpersonal emotional intelligence and its components. Statistically significant differences were found between the peculiarities of the functioning of the factors of emotional intelligence development. In late young people is dominated by intrapersonal intelligence, understanding of emotions, expressiveness, self-regulation, acceptance of their own emotions. In early young people is dominated by a high level of integral empathy, empathy, compassion, inner support, assistance not to the detriment of themselves. The specifics of the influence of factors on the development of emotional intelligence in young people are determined. The system of factors in late young people is broader and more diverse than early. The dominant internal factors of emotional intelligence in older young people are both lower forms of empathy (indifference) and higher (assistance not to the detriment of themselves). In early young people, the dominant internal factor of emotional intelligence is internal assistance.
Keywords: The article is devoted to the study of the peculiarities of emotional intelligence and the factors of its development in early and late young people. The sample consisted of 143 people of early and 143 lateyoung people aged 15 to 23 years. The following methods were used: D.V. Lusyn’s “EmIn” questionnaire, L.P. Zhuravlyova’s test for determining integral empathy in adolescents and young people and the method of diagnosing the emotional maturity of a person (MDEZO) by O.S. Kocharyan and M.A. Piven. The results indicate that age differences between the indicators of general emotional intelligence, intrapersonal intelligence and its components were found, but no significant differences were found between interpersonal emotional intelligence and its components. Statistically significant differences were found between the peculiarities of the functioning of the factors of emotional intelligence development. In late young people is dominated by intrapersonal intelligence, understanding of emotions, expressiveness, self-regulation, acceptance of their own emotions. In early young people is dominated by a high level of integral empathy, empathy, compassion, inner support, assistance not to the detriment of themselves. The specifics of the influence of factors on the development of emotional intelligence in young people are determined. The system of factors in late young people is broader and more diverse than early. The dominant internal factors of emotional intelligence in older young people are both lower forms of empathy (indifference) and higher (assistance not to the detriment of themselves). In early young people, the dominant internal factor of emotional intelligence is internal assistance.

ESSENTIAL CHARACTERISTICS OF LAND RELATIONS REGULATION IN THE LIGHT OF MARKET TRANSFORMATIONS

Olena Kononenko, Svitlana Loiko

Olena Kononenko, Junior Research Fellow at the Department of Land Relations Nature Management National Scientific Center “Institute of Agrarian Economics” (Kyiv, Ukraine)
Svitlana Loiko, Applicant at the Department of Land Relations Nature Management National Scientific Center “Institute of Agrarian Economics” (Kyiv, Ukraine)

ORCID ID: 0000-0002-7867-3809, ORCID ID: 0000-0002-9605-9362

Anotation. It is defined that land relations are extremely complex and versatile category, which was formed in the process of a long-time public development of fundamental rights of ownership, custody, management of land plots, land masses and even separate territories. This is a natural, economic and social peculiarity which is caused by the high functionality of land resources. It is substantiated that issues about land relations in terms of their transformation in order to align with market conditions are specialy important. It is fully demonstrated that the current mechanism of land relations regulation according to institutional understanding and the scale of the regulatory field should include market, state, supranational, corporate and self-regulation. The research is based on general scientific and economic research methods, research papers on land relations development and peculiarities of their regulation, regulatory assets and Internet resources. Abstract-logic methods allowed to disclose the essence of the term “land relations”, which transforms in order to meet market conditions, to characterise their main rules, to conduct appropriate conclusions and identify the prospects for further development which should focus on the search for a new model of their regulation, which, apart from the market and state regulation, would include corporate and individual regulation mechanisms.
Keywords: It is defined that land relations are extremely complex and versatile category, which was formed in the process of a long-time public development of fundamental rights of ownership, custody, management of land plots, land masses and even separate territories. This is a natural, economic and social peculiarity which is caused by the high functionality of land resources. It is substantiated that issues about land relations in terms of their transformation in order to align with market conditions are specialy important. It is fully demonstrated that the current mechanism of land relations regulation according to institutional understanding and the scale of the regulatory field should include market, state, supranational, corporate and self-regulation. The research is based on general scientific and economic research methods, research papers on land relations development and peculiarities of their regulation, regulatory assets and Internet resources. Abstract-logic methods allowed to disclose the essence of the term “land relations”, which transforms in order to meet market conditions, to characterise their main rules, to conduct appropriate conclusions and identify the prospects for further development which should focus on the search for a new model of their regulation, which, apart from the market and state regulation, would include corporate and individual regulation mechanisms.

TRENDS IN JUDICIAL PRACTICE IN REVIEWING JUDGMENTS IN EXCEPTIONAL CIRCUMSTANCES IN CORRUPTION OFFENSES

Vitalii Dubas

Judge
High Anti-Corruption Court (Kyiv, Ukraine)

ORCID ID: 0000-0003-4153-8758

Anotation. The article analyzes the issue of consideration of corruption criminal offenses under the procedure of review of court decisions in exceptional circumstances, namely in connection with the establishment by the Constitutional Court of Ukraine of the unconstitutionality of Art. 366-1 of the Criminal Code of Ukraine. A retrospective analysis is given of Article 459 of the Criminal Procedure Code of Ukraine in connection with the changes made in 2017 is given. The author analyzes the decision of the Grand Chamber of the Supreme Court on the issue of consideration of the case in exceptional circumstances, and emphasizes the inconsistency of the two decisions of the Grand Chamber of the Supreme Court. The article also analyzes the decisions of the High Anti-Corruption Court, which were made after the recognition of unconstitutional Article 366-1 of the Criminal Code of Ukraine. The author emphasizes that as a result of review cases in exceptional circumstances can not to «intervene» in criminal law relations between the state and the person if they have already been terminated (for example, served a sentence or paid a fine), because the convict fulfilled his duty in his case – “res judicata” (decided case). It is also noted that such a ground for closing criminal proceedings as recognizing the norm of substantive criminal law as unconstitutional is not rehabilitative.
Keywords: The article analyzes the issue of consideration of corruption criminal offenses under the procedure of review of court decisions in exceptional circumstances, namely in connection with the establishment by the Constitutional Court of Ukraine of the unconstitutionality of Art. 366-1 of the Criminal Code of Ukraine. A retrospective analysis is given of Article 459 of the Criminal Procedure Code of Ukraine in connection with the changes made in 2017 is given. The author analyzes the decision of the Grand Chamber of the Supreme Court on the issue of consideration of the case in exceptional circumstances, and emphasizes the inconsistency of the two decisions of the Grand Chamber of the Supreme Court. The article also analyzes the decisions of the High Anti-Corruption Court, which were made after the recognition of unconstitutional Article 366-1 of the Criminal Code of Ukraine. The author emphasizes that as a result of review cases in exceptional circumstances can not to «intervene» in criminal law relations between the state and the person if they have already been terminated (for example, served a sentence or paid a fine), because the convict fulfilled his duty in his case – “res judicata” (decided case). It is also noted that such a ground for closing criminal proceedings as recognizing the norm of substantive criminal law as unconstitutional is not rehabilitative.

INTERACTION OF JUDGES WITH THE PROSECUTOR'S OFFICE AND LAW ENFORCEMENT STRUCTURES IN THE WESTERN REGIONS OF THE UKRAINIAN SSR 1944 – 1953

Alla Dumanivska

Court Administrator
Lviv District Administrative Court (Lviv, Ukraine)

ORCID ID: 0000-0001-9948-3919

Anotation. The provisions of the scientific article examine the connection of Soviet judges with the prosecutor’s office and law enforcement agencies in the western Ukrainian region in the first postwar decade. The close cooperation of judges with the prosecutor’s office and law enforcement agencies in solving important “political” tasks in the western regions of the USSR is revealed. The judiciary took an active part in the Soviet election campaigns, in the collectivization process, in the struggle against the OUN underground and so on. Emphasis is placed on the Communist Party’s control over acquittals. The current practice of notifying senior prosecutors of each case suspended in court and of each acquittal and the procedure for notifying judges to the high-ranking prosecutor’s office of each case suspended and closed at the preparatory hearing, received from the district prosecutor’s office. It has been established that in some cases judicial institutions in the western regions of Ukraine still issued acquittals and even tried to restrain the flywheel of unjustified repression. This advance in the time of all-Union processes, which began after the death of J. Stalin, was explained not so much by the loss of party control over the courts, but by the need to combine the policy of whip and gingerbread in the troubled western region for its successful Sovietization.
Keywords: The provisions of the scientific article examine the connection of Soviet judges with the prosecutor’s office and law enforcement agencies in the western Ukrainian region in the first postwar decade. The close cooperation of judges with the prosecutor’s office and law enforcement agencies in solving important “political” tasks in the western regions of the USSR is revealed. The judiciary took an active part in the Soviet election campaigns, in the collectivization process, in the struggle against the OUN underground and so on. Emphasis is placed on the Communist Party’s control over acquittals. The current practice of notifying senior prosecutors of each case suspended in court and of each acquittal and the procedure for notifying judges to the high-ranking prosecutor’s office of each case suspended and closed at the preparatory hearing, received from the district prosecutor’s office. It has been established that in some cases judicial institutions in the western regions of Ukraine still issued acquittals and even tried to restrain the flywheel of unjustified repression. This advance in the time of all-Union processes, which began after the death of J. Stalin, was explained not so much by the loss of party control over the courts, but by the need to combine the policy of whip and gingerbread in the troubled western region for its successful Sovietization.

THE LEGAL NATURE OF PROCEEDINGS IN CASES OF ADMINISTRATIVE OFFENSES

Dmytro Yevdokymov

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

ORCID ID: 0000-0002-0505-8522

Anotation. The relevance of the article is that when resolving the issue of bringing a person to administrative responsibility, imposing a corresponding penalty, authorized by law, the subjects perform a significant number of procedural actions, which together form a legal relationship, which is commonly referred to as proceedings administrative offenses. The legal nature of these social relations is quite complex and in the modern sense has been formed over several decades. That is why their full understanding should be facilitated by the implementation of historical and legal analysis of the legal nature of proceedings in cases of administrative offenses. The article provides a historical and legal analysis of the legal nature of proceedings in cases of administrative offenses. Particular attention is paid to the current stage of formation of this institute. It was stated that the current Code of Ukraine on Administrative Offenses does not meet the challenges of modern legal life and undoubtedly needs to be revised. Emphasis is placed on the need to conduct another systematization of all legislation, which determines the legal nature of proceedings in cases of administrative offenses, by codifying it.
Keywords: The relevance of the article is that when resolving the issue of bringing a person to administrative responsibility, imposing a corresponding penalty, authorized by law, the subjects perform a significant number of procedural actions, which together form a legal relationship, which is commonly referred to as proceedings administrative offenses. The legal nature of these social relations is quite complex and in the modern sense has been formed over several decades. That is why their full understanding should be facilitated by the implementation of historical and legal analysis of the legal nature of proceedings in cases of administrative offenses. The article provides a historical and legal analysis of the legal nature of proceedings in cases of administrative offenses. Particular attention is paid to the current stage of formation of this institute. It was stated that the current Code of Ukraine on Administrative Offenses does not meet the challenges of modern legal life and undoubtedly needs to be revised. Emphasis is placed on the need to conduct another systematization of all legislation, which determines the legal nature of proceedings in cases of administrative offenses, by codifying it.

VIOLATION OF PROPERTY RIGHTS OF A PERSON DURING THE PRE-TRIAL INVESTIGATION DURING THE APPLICATION OF TEMPORARY WITHDRAWAL OF PROPERTY

Tatiana Zelkina

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

ORCID ID: 0000-0001-7387-898X

Anotation. Today, the restriction of a person's property rights during the pre-trial investigation most often occurs when applying such a measure to ensure criminal proceedings as temporary seizure of property. In addition, the very combination of measures to ensure criminal proceedings with the use of coercion and restriction of human rights necessitates effective guarantees to ensure the legitimate rights and interests of persons in criminal proceedings. One such guarantee is judicial review of the legality of restrictions on human rights in criminal proceedings. However, unfortunately, in practice such control is often ineffective. The article examines the grounds and procedure for temporary seizure of property provided by the current criminal procedure, as well as the grounds for returning the property to their rightful owners. Judicial practice on the issue of return of temporarily confiscated property has been studied. It is concluded that the vast majority of case law shows a violation of the principle of legality of restriction of human rights in criminal proceedings, namely the legality of the grounds and compliance with the established procedure of temporary seizure of property, as well as its long return to the rightful owner.
Keywords: Today, the restriction of a person's property rights during the pre-trial investigation most often occurs when applying such a measure to ensure criminal proceedings as temporary seizure of property. In addition, the very combination of measures to ensure criminal proceedings with the use of coercion and restriction of human rights necessitates effective guarantees to ensure the legitimate rights and interests of persons in criminal proceedings. One such guarantee is judicial review of the legality of restrictions on human rights in criminal proceedings. However, unfortunately, in practice such control is often ineffective. The article examines the grounds and procedure for temporary seizure of property provided by the current criminal procedure, as well as the grounds for returning the property to their rightful owners. Judicial practice on the issue of return of temporarily confiscated property has been studied. It is concluded that the vast majority of case law shows a violation of the principle of legality of restriction of human rights in criminal proceedings, namely the legality of the grounds and compliance with the established procedure of temporary seizure of property, as well as its long return to the rightful owner.

PROBLEMS OF INFORMATION AND LEGAL SUPPORT OF ECONOMIC PROCEDURAL RELATIONS IN UKRAINE

Anton Ivanov

Applicant
Interregional Academy of Personnel Management (Kyiv, Ukraine)

ORCID ID: 0000-0003-1382-8002

Anotation. In the article the specifics of the shortcomings and gaps in the information and legal support of economic procedural relations in Ukraine are analyzed. The list of problems of information and legal support of economic procedural relations is determined. The content of each of these problems is detailed. It is emphasized that the issue of using electronic digital signature in economic procedural relations should be regulated exclusively by the Regulation on the Unified Judicial Information and Telecommunication System, ie, in fact, currently the current legislation does not contain rules governing this issue. It is concluded that the problem of regulating the activities of judges-speakers can be solved by adopting the job description of the judge-speaker. The solution to this problem today is facilitated by the fact that such an instruction was adopted to regulate the official activities of court secretaries, as well as by the fact that such job descriptions are adopted by individual courts at the local level.
Keywords: In the article the specifics of the shortcomings and gaps in the information and legal support of economic procedural relations in Ukraine are analyzed. The list of problems of information and legal support of economic procedural relations is determined. The content of each of these problems is detailed. It is emphasized that the issue of using electronic digital signature in economic procedural relations should be regulated exclusively by the Regulation on the Unified Judicial Information and Telecommunication System, ie, in fact, currently the current legislation does not contain rules governing this issue. It is concluded that the problem of regulating the activities of judges-speakers can be solved by adopting the job description of the judge-speaker. The solution to this problem today is facilitated by the fact that such an instruction was adopted to regulate the official activities of court secretaries, as well as by the fact that such job descriptions are adopted by individual courts at the local level.

GEORGIA IN THE PARADIGM OF RUSSIAN EXPANSIONISM (1554 – 1801): HISTORICAL AND LEGAL DIMENSION

Оleksandr Ivanov

Candidate of Legal Sciences, Doctoral Student
National Academy of the Security Services of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0002-5890-5369

Anotation. The main historical and legal regularities of the expansionist policy of the Moscow Empire and the Russian Empire towards Georgia during 1554-1801 are highlighted. Among the methods used in the article there are dialectical, formal-logical, historical-comparative and chronological ones, as well as methods of modeling, systems analysis and others the use of which is due to the specifics of interdisciplinary research. As a result of the study it was found that Russian expansionism as the basis of the policy of this state towards Georgia during the middle of the XVI – early XIX centuries should be considered as a complex phenomenon of historical and legal reality, due to the general direction of Russia’s geopolitical course in that period and its specific strategic goals in the Caucasus region. The author concludes that the main methods used in the implementation of Russia’s expansionist plans for Georgian state formations were manipulation of the image of “Russia-savior”, a well-developed construction of “common historical destiny” of Russian and Georgian peoples, religious influence, cultural expansion, ideological work and the spread of historical falsifications. Given the similarity of these methods with those applied to the Hetmanate, their comparative study in the future will contribute to a better study of the history of Ukrainian statehood.
Keywords: The main historical and legal regularities of the expansionist policy of the Moscow Empire and the Russian Empire towards Georgia during 1554-1801 are highlighted. Among the methods used in the article there are dialectical, formal-logical, historical-comparative and chronological ones, as well as methods of modeling, systems analysis and others the use of which is due to the specifics of interdisciplinary research. As a result of the study it was found that Russian expansionism as the basis of the policy of this state towards Georgia during the middle of the XVI – early XIX centuries should be considered as a complex phenomenon of historical and legal reality, due to the general direction of Russia’s geopolitical course in that period and its specific strategic goals in the Caucasus region. The author concludes that the main methods used in the implementation of Russia’s expansionist plans for Georgian state formations were manipulation of the image of “Russia-savior”, a well-developed construction of “common historical destiny” of Russian and Georgian peoples, religious influence, cultural expansion, ideological work and the spread of historical falsifications. Given the similarity of these methods with those applied to the Hetmanate, their comparative study in the future will contribute to a better study of the history of Ukrainian statehood.

CONDUCTING A COMPREHENSIVE PSYCHOLOGICAL-PSYCHIATRIC AND PSYCHOLOGICAL EXAMINATION OF A JUVENILE DURING THE INQUIRY

Oleksandra Kaminska

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

ORCID ID: 0000-0002-1524-0176

Anotation. A special subject of criminal proceedings is a minor. Establishing special conditions for prosecuting and serving the sentence of minors is the implementation of the basic principles of criminal law – justice, humanism and economy of criminal repression. The peculiarities of a juvenile as a subject of criminal law are explained primarily by his age. Thus, a person who has not reached the age of majority is more vulnerable than others, due to his unstable psyche, tendency to perceive outside influences and distorted perception of the correctness and legality of their actions. Thus, the criminal procedure legislation provides for other conditions for conducting investigative (search) actions and investigating the circumstances of committing a criminal offense (misdemeanor) by a minor. It is also an exception to conduct a comprehensive psychological, psychiatric and psychological examination of a minor during the inquiry. The article considers the peculiarities of conducting a comprehensive psychological, psychiatric and psychological examination of a minor during the inquiry. The main theoretical provisions of conducting a comprehensive psychological, psychiatric and psychological examination of a minor are highlighted. The problems of questions that arise during a comprehensive psychological, psychiatric and psychological examination of a minor are analyzed. The purpose of the scientific article is to analyze the features of a comprehensive psychological, psychiatric and psychological examination of a minor during the inquiry. Achieving this goal involves the following tasks: to characterize the basic theoretical provisions for a comprehensive psychological, psychiatric and psychological examination of a minor during the inquiry; to determine the features of conducting a comprehensive psychological, psychiatric and psychological examination of a minor during the inquiry; identify and analyze problematic issues that arise during the psychological, psychiatric and psychological examination of a minor. Methodological tools are selected in accordance with the purpose, specifics of the object and subject of research. The following research methods were used: dialectical, historical-legal, comparative-legal; system-structural. The scientific novelty of the publication is that at present at the scientific level insufficient attention is paid to the peculiarities of conducting a comprehensive psychological, psychiatric and psychological examination of minors during the inquiry. Conclusions. Due to psychological and age peculiarities, a juvenile who has committed a criminal offense may not always give true and reliable testimony. In this case, the possibility of establishing whether the juvenile correctly perceives the circumstances of the criminal offense and whether he is aware of the significance of his actions and the ability to control them becomes especially important. Also, an important factor is the level of development of the minor and his socio-psychological traits. The answers to these questions can provide comprehensive psychological, psychiatric and psychological examinations, which are widely used in criminal proceedings involving minors.
Keywords: A special subject of criminal proceedings is a minor. Establishing special conditions for prosecuting and serving the sentence of minors is the implementation of the basic principles of criminal law – justice, humanism and economy of criminal repression. The peculiarities of a juvenile as a subject of criminal law are explained primarily by his age. Thus, a person who has not reached the age of majority is more vulnerable than others, due to his unstable psyche, tendency to perceive outside influences and distorted perception of the correctness and legality of their actions. Thus, the criminal procedure legislation provides for other conditions for conducting investigative (search) actions and investigating the circumstances of committing a criminal offense (misdemeanor) by a minor. It is also an exception to conduct a comprehensive psychological, psychiatric and psychological examination of a minor during the inquiry. The article considers the peculiarities of conducting a comprehensive psychological, psychiatric and psychological examination of a minor during the inquiry. The main theoretical provisions of conducting a comprehensive psychological, psychiatric and psychological examination of a minor are highlighted. The problems of questions that arise during a comprehensive psychological, psychiatric and psychological examination of a minor are analyzed. The purpose of the scientific article is to analyze the features of a comprehensive psychological, psychiatric and psychological examination of a minor during the inquiry. Achieving this goal involves the following tasks: to characterize the basic theoretical provisions for a comprehensive psychological, psychiatric and psychological examination of a minor during the inquiry; to determine the features of conducting a comprehensive psychological, psychiatric and psychological examination of a minor during the inquiry; identify and analyze problematic issues that arise during the psychological, psychiatric and psychological examination of a minor. Methodological tools are selected in accordance with the purpose, specifics of the object and subject of research. The following research methods were used: dialectical, historical-legal, comparative-legal; system-structural. The scientific novelty of the publication is that at present at the scientific level insufficient attention is paid to the peculiarities of conducting a comprehensive psychological, psychiatric and psychological examination of minors during the inquiry. Conclusions. Due to psychological and age peculiarities, a juvenile who has committed a criminal offense may not always give true and reliable testimony. In this case, the possibility of establishing whether the juvenile correctly perceives the circumstances of the criminal offense and whether he is aware of the significance of his actions and the ability to control them becomes especially important. Also, an important factor is the level of development of the minor and his socio-psychological traits. The answers to these questions can provide comprehensive psychological, psychiatric and psychological examinations, which are widely used in criminal proceedings involving minors.

THE PHENOMENON OF IRREDENTISM IN THE CONTEXT OF INTERNATIONAL LAW: THEORY AND HISTORICAL EXPERIENCE

Oksana Kaspruk

Candidate of Legal Sciences, Attorney, Associate Professor at the Department of International Law and Comparative Law of the Faculty of International Relations
National Aviation University (Kyiv, Ukraine)

ORCID ID: 0000-0001-8330-1711

Anotation. The article is devoted to the consideration of irredentism as a topical issue of the modern world that requires in-depth research. The author analyzes the term “irredentism”, considers the definitions provided by leading scholars in the field of international law. The article identifies ways to combat irredentism, in particular through international legal cooperation. The author explores the relationship between the concept of “irredentism” and related categories. The article focuses on the peculiarities of the evolution of irredentist motives of ethnic minorities. In general, it is difficult to single out specific conditions for the origin and development of irredentism, because they can be very different. Insufficient study of these issues makes it impossible to develop legal instruments to combat irredentism at the global level, which in modern conditions is one of the urgent tasks of international law.
Keywords: The article is devoted to the consideration of irredentism as a topical issue of the modern world that requires in-depth research. The author analyzes the term “irredentism”, considers the definitions provided by leading scholars in the field of international law. The article identifies ways to combat irredentism, in particular through international legal cooperation. The author explores the relationship between the concept of “irredentism” and related categories. The article focuses on the peculiarities of the evolution of irredentist motives of ethnic minorities. In general, it is difficult to single out specific conditions for the origin and development of irredentism, because they can be very different. Insufficient study of these issues makes it impossible to develop legal instruments to combat irredentism at the global level, which in modern conditions is one of the urgent tasks of international law.

INDIVIDUAL ASPECTS OF THE DISPOSAL OF GOODS OBTAINED BY REFUSAL IN FAVOR OF THE STATE

Vsevolod Kniaziev

Ph. D. in Law

ORCID ID: 0000-0002-3696-0746

Anotation. The article deals with covering the issues associated with the determination of aspects of disposal of goods transferred in favor of the state through establishing theoretical and legal fundamentals of the implementation of the customs regime of refusal in favor of the state, outlining conditions and procedures of assigning goods to the customs regime in favor of the state, studying the specifics of accounting and storing of goods, which were transferred in favor of the state, as well as defining the characteristics of disposal of goods transferred in favor of the state. The author emphasizes on the fact that the disposal of goods transferred to state ownership within the customs regime of refusal in favor of the state is characterized by a set of specific substantive features related to the conditions of the relevant customs regime. It is proposed to consider the procedure of assigning goods to the customs regime of refusal in favor of the state as a statutory procedure of a proprietor’s refusal of the foreign goods in favor of the state when moving goods across the customs border of Ukraine without any conditions in favor of one’s choice, which aims to ensure the customs interests of the state. The importance and wide range of public relations within which the customs interests of the Ukrainian state are ensured, on the one hand and the development of elements of customs authorities’ activities on the disposal of goods, on the other hand, necessitate further research.
Keywords: The article deals with covering the issues associated with the determination of aspects of disposal of goods transferred in favor of the state through establishing theoretical and legal fundamentals of the implementation of the customs regime of refusal in favor of the state, outlining conditions and procedures of assigning goods to the customs regime in favor of the state, studying the specifics of accounting and storing of goods, which were transferred in favor of the state, as well as defining the characteristics of disposal of goods transferred in favor of the state. The author emphasizes on the fact that the disposal of goods transferred to state ownership within the customs regime of refusal in favor of the state is characterized by a set of specific substantive features related to the conditions of the relevant customs regime. It is proposed to consider the procedure of assigning goods to the customs regime of refusal in favor of the state as a statutory procedure of a proprietor’s refusal of the foreign goods in favor of the state when moving goods across the customs border of Ukraine without any conditions in favor of one’s choice, which aims to ensure the customs interests of the state. The importance and wide range of public relations within which the customs interests of the Ukrainian state are ensured, on the one hand and the development of elements of customs authorities’ activities on the disposal of goods, on the other hand, necessitate further research.

CURRENT ISSUES REGARDING RESPONSIBILITY FOR VIOLATION OF THE ESTABLISHED PROCEDURE OF ORGANIZATION AND HOLDING OF PEACEFUL ASSEMBLIES

Yevheniia Kobrusieva

Ph. D. in Juridical Sciences, Associate Professor, Associate Professor at the Department of Administrative and Criminal Law
Oles Honchar Dnipro National University (Dnipro, Ukraine)

ORCID ID: 0000-0002-4225-9657

Anotation. In a developing democratic society that is open to change, the freedoms enjoyed by a particular social group or the vast majority of the population play an important role in the legislator's attitude to peaceful assembly in the context of public order. A wide range of political reasons or beliefs can provoke public protest, which in turn can take various forms of public assembly. We focus our research on the administrative and legal provision of the right to peaceful assembly in the context of international standards and foreign experience. We illustrated the analysis of court decisions in cases of administrative offenses under Art. 185-1 of the Code of Administrative Offenses, which establishes liability for violation of the established procedure for organizing or holding meetings, rallies, street marches and demonstrations. It is emphasized that the realities of Ukrainian society arouse high activity and desire of citizens to solve the problems of the state that affect their common interests directly with the use of the right to peaceful assembly. Despite the importance of respecting the political rights of citizens in the country, and the provisions on freedom of assembly, rallies, street marches and demonstrations, which are enshrined in the Constitution of Ukraine and not yet properly specified in current legislation, are often limited or even violated. The author pays attention to the study of court decisions under Art. 185-1 of the Code of Administrative Offenses in cases of violation of the right of citizens to peaceful assembly, and the application of the case law of the European Court of Human Rights, when considering cases as a source of law. From the analyzed decisions the author formulated that in some cases in certain circumstances there is a ban on the exercise of the right to freedom of peaceful assembly, as incorrect perception of the realities of social events and the existence of confrontations between supporters of certain political parties can lead to riots. peace, threats to life and health of the population, which in turn will complicate the work of law enforcement agencies to protect public order during mass events in cities or other settlements.
Keywords: In a developing democratic society that is open to change, the freedoms enjoyed by a particular social group or the vast majority of the population play an important role in the legislator's attitude to peaceful assembly in the context of public order. A wide range of political reasons or beliefs can provoke public protest, which in turn can take various forms of public assembly. We focus our research on the administrative and legal provision of the right to peaceful assembly in the context of international standards and foreign experience. We illustrated the analysis of court decisions in cases of administrative offenses under Art. 185-1 of the Code of Administrative Offenses, which establishes liability for violation of the established procedure for organizing or holding meetings, rallies, street marches and demonstrations. It is emphasized that the realities of Ukrainian society arouse high activity and desire of citizens to solve the problems of the state that affect their common interests directly with the use of the right to peaceful assembly. Despite the importance of respecting the political rights of citizens in the country, and the provisions on freedom of assembly, rallies, street marches and demonstrations, which are enshrined in the Constitution of Ukraine and not yet properly specified in current legislation, are often limited or even violated. The author pays attention to the study of court decisions under Art. 185-1 of the Code of Administrative Offenses in cases of violation of the right of citizens to peaceful assembly, and the application of the case law of the European Court of Human Rights, when considering cases as a source of law. From the analyzed decisions the author formulated that in some cases in certain circumstances there is a ban on the exercise of the right to freedom of peaceful assembly, as incorrect perception of the realities of social events and the existence of confrontations between supporters of certain political parties can lead to riots. peace, threats to life and health of the population, which in turn will complicate the work of law enforcement agencies to protect public order during mass events in cities or other settlements.

PROBLEM OF BECOMING AND DEVELOPMENT OF OFFICIAL RIGHT

Bohdan Kovalenko

Postgraduate Student at the Department of Administrative and Economic Law
Zaporizhzhya National University (Zaporizhzhya, Ukraine)

ORCID ID: 0000-0001-8244-426X

Anotation. The article considers the problems of formation and development of service law, classification of principles of service law. The author identifies and defines the criteria for classification of the principles of official law, mentioned in the scientific literature, summarizes the views on the issue. The article is devoted to the study of the problems of formation and development of national legislative acts as a source of principles of official law of Ukraine. The notion of the source of service law of Ukraine is analyzed, the preconditions of formation of the Ukrainian service law as concerning autonomous legal system are analyzed. For the first time, the degree of autonomy of this system, its influence on the construction of legislative acts as official legislation, law enforcement practice are studied in detail. Much attention is paid to the concept of autonomy of service law, formed in European jurisprudence. Arguments are made in favor of the fact that the most theoretically sustained and most suitable for the Ukrainian legal system in terms of its practical consequences are the concepts that support the theory of autonomy of official law and link this phenomenon with special legislation, principles, structures, fundamental provisions of this legal system, due to the integration within the service law of public and private law bases. The modern theory of sources of service law is developed, questions about a place of service law in system of the Ukrainian law at the present stage, its functions and a subject of legal regulation are considered. The article argues the need to distinguish between functions that have a substantive and instrumental nature: the substantive functions of official law express its social purpose, instrumental functions (static, dynamic, protective) are inherent in its individual elements. The article substantiates that the current Ukrainian legislation allows to distinguish two meaningful functions of official law: official-public function and the function of regulating social and service processes. The substantive functions of service law most decisively affect its subject and its legal characteristics as a holistic system, and instrumental functions provide additional grounds for differentiation of the subject and system of service law. The specified classification of sources of service law (national level) is the most branched group represented by: the Constitution of Ukraine. (Article 38, which guarantees every citizen of Ukraine the right to access the civil service, as well as service in local governments); laws of Ukraine, namely: the Law of Ukraine “On Civil Service”; decrees of the President of Ukraine; resolutions of the Cabinet of Ministers of Ukraine; orders of central executive bodies and other sources. Sources of service law (international (European) level) are represented by a smaller number of legal acts. These are legal acts of international character that have been ratified in Ukraine. The paper notes the forms of differentiation of service and legal legal principles at the level of individual institutions of service law.
Keywords: The article considers the problems of formation and development of service law, classification of principles of service law. The author identifies and defines the criteria for classification of the principles of official law, mentioned in the scientific literature, summarizes the views on the issue. The article is devoted to the study of the problems of formation and development of national legislative acts as a source of principles of official law of Ukraine. The notion of the source of service law of Ukraine is analyzed, the preconditions of formation of the Ukrainian service law as concerning autonomous legal system are analyzed. For the first time, the degree of autonomy of this system, its influence on the construction of legislative acts as official legislation, law enforcement practice are studied in detail. Much attention is paid to the concept of autonomy of service law, formed in European jurisprudence. Arguments are made in favor of the fact that the most theoretically sustained and most suitable for the Ukrainian legal system in terms of its practical consequences are the concepts that support the theory of autonomy of official law and link this phenomenon with special legislation, principles, structures, fundamental provisions of this legal system, due to the integration within the service law of public and private law bases. The modern theory of sources of service law is developed, questions about a place of service law in system of the Ukrainian law at the present stage, its functions and a subject of legal regulation are considered. The article argues the need to distinguish between functions that have a substantive and instrumental nature: the substantive functions of official law express its social purpose, instrumental functions (static, dynamic, protective) are inherent in its individual elements. The article substantiates that the current Ukrainian legislation allows to distinguish two meaningful functions of official law: official-public function and the function of regulating social and service processes. The substantive functions of service law most decisively affect its subject and its legal characteristics as a holistic system, and instrumental functions provide additional grounds for differentiation of the subject and system of service law. The specified classification of sources of service law (national level) is the most branched group represented by: the Constitution of Ukraine. (Article 38, which guarantees every citizen of Ukraine the right to access the civil service, as well as service in local governments); laws of Ukraine, namely: the Law of Ukraine “On Civil Service”; decrees of the President of Ukraine; resolutions of the Cabinet of Ministers of Ukraine; orders of central executive bodies and other sources. Sources of service law (international (European) level) are represented by a smaller number of legal acts. These are legal acts of international character that have been ratified in Ukraine. The paper notes the forms of differentiation of service and legal legal principles at the level of individual institutions of service law.

INFORMATION LEGAL PERSONALITY OF A FORENSIC INVESTIGATOR IN THE CONTEXT OF THE ANALYSIS OF DIGITAL TRANSFORMATION OF LAW

Serhii Koval

Applicant at the Department of Administrative and Customs Law
University of Customs and Finance (Dnipro, Ukraine)

ORCID ID: 0000-0003-1099-9607

Anotation. In the provisions of the publication, the author analyzes the opinions of scholars on the digital transformation of law in relation to the informational legal personality of the investigator-criminologist. Characterizing the peculiarities of the information legal personality of the investigator-criminologist, it is noted that the idea of differentiation of investigative units has been introduced into the legal system of Ukraine, where the forensic service has undergone significant organizational changes. Attention is focused on the fact that investigator-criminologists are the subjects of information relations with various entities regarding the receipt, use, dissemination and storage of information of the appropriate level of access. It is noted that the information activity of the forensic investigator consists of cognitive (search, reconstructive), communicative and organizational activities. Publicity of information activities of an investigator-criminologist involves the establishment of administrative communications, including communicative relations of both interpersonal and external nature. As a result, it is formulated that the information legal personality of investigator-criminologists is the ability of these officials as subjects of information relations to have information rights and to acquire subjective information rights and responsibilities through their actions. The scientific novelty of the results is that based on the doctrinal provisions of information and legal theory and on the basis of a comprehensive analysis of theoretical developments, as well as legal sources and practices of current legislation of Ukraine, forensic investigator is characterized as a consumer, owner, information intermediary and a distributor of information that has a special legal status and, accordingly, a special information capacity. An important feature of the information and legal status of a forensic investigator is its special functional purpose. Such a definition of legal status should emphasize the social significance of this concept, which is achieved by establishing the connection of responsibilities and powers with professional activities.
Keywords: In the provisions of the publication, the author analyzes the opinions of scholars on the digital transformation of law in relation to the informational legal personality of the investigator-criminologist. Characterizing the peculiarities of the information legal personality of the investigator-criminologist, it is noted that the idea of differentiation of investigative units has been introduced into the legal system of Ukraine, where the forensic service has undergone significant organizational changes. Attention is focused on the fact that investigator-criminologists are the subjects of information relations with various entities regarding the receipt, use, dissemination and storage of information of the appropriate level of access. It is noted that the information activity of the forensic investigator consists of cognitive (search, reconstructive), communicative and organizational activities. Publicity of information activities of an investigator-criminologist involves the establishment of administrative communications, including communicative relations of both interpersonal and external nature. As a result, it is formulated that the information legal personality of investigator-criminologists is the ability of these officials as subjects of information relations to have information rights and to acquire subjective information rights and responsibilities through their actions. The scientific novelty of the results is that based on the doctrinal provisions of information and legal theory and on the basis of a comprehensive analysis of theoretical developments, as well as legal sources and practices of current legislation of Ukraine, forensic investigator is characterized as a consumer, owner, information intermediary and a distributor of information that has a special legal status and, accordingly, a special information capacity. An important feature of the information and legal status of a forensic investigator is its special functional purpose. Such a definition of legal status should emphasize the social significance of this concept, which is achieved by establishing the connection of responsibilities and powers with professional activities.

LEGAL BASIS OF PUBLIC FINANCIAL CONTROL IN PUBLIC-PRIVATE PARTNERSHIP PROJECTS

Yuliia Koval

Assistant at the Department of Financial Law
Institute of Law of Taras Shevchenko National University of Kyiv (Kyiv, Ukraine)

ORCID ID: 0000-0001-6455-7201

Anotation. The article is devoted to the study of the features and limits of financial control in the field of public-private partnership (PPP). Methods of formal logic and special methods of legal science were used during the research. According to the results of the study, it is established that the legislation of Ukraine in the field of public finances and PPP does not contain separate rules for the regulation of financial control relations in PPP projects. It is concluded that the lack of effective financial control instruments in the field of PPP is one of the reasons for the evasion from state support in PPP projects. It is proved that the procedure of financial control in the field of PPP cannot be regulated by the general procedure of conducting the state financial audit of investment projects. Emphasis is placed on the contradictions that arise during defining the limits of financial control in PPP projects. The principles of resolving such contradictions were offered, and also the list of measures, which can improve a condition of legal regulation of realization of financial control in the field of PPP is resulted. Prior financial control should play an important role during making decisions on state support in PPP. The relationship between specific financial instruments and methods of financial control will be explored in subsequent publications.
Keywords: The article is devoted to the study of the features and limits of financial control in the field of public-private partnership (PPP). Methods of formal logic and special methods of legal science were used during the research. According to the results of the study, it is established that the legislation of Ukraine in the field of public finances and PPP does not contain separate rules for the regulation of financial control relations in PPP projects. It is concluded that the lack of effective financial control instruments in the field of PPP is one of the reasons for the evasion from state support in PPP projects. It is proved that the procedure of financial control in the field of PPP cannot be regulated by the general procedure of conducting the state financial audit of investment projects. Emphasis is placed on the contradictions that arise during defining the limits of financial control in PPP projects. The principles of resolving such contradictions were offered, and also the list of measures, which can improve a condition of legal regulation of realization of financial control in the field of PPP is resulted. Prior financial control should play an important role during making decisions on state support in PPP. The relationship between specific financial instruments and methods of financial control will be explored in subsequent publications.

ON THE QUESTION OF FORCE AS A WAY OF COMMITTING CERTAIN CRIMINAL OFFENSES

Artem Komissarov

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0003-1362-2151

Anotation. The article analyzes the norms of the criminal law, in which coercion (coercion) is recognized as a crime. This concept is usually specified by describing the method of coercion, which has criminal significance. It is determined that in the articles of the Special Part of the Criminal Code of Ukraine there is no clarity in the terminological differences in the methods of coercion. It is proved that the components of criminal offenses, in which the methods of coercion are not limited to physical or mental violence, or the threat of such violence – more fully reveal the essence and meaning of the concept of coercion. Methods of mental influence during coercion should not be limited to the threat of murder, infliction of grievous bodily harm, destruction of property, damage or seizure of property, disclosure of information that discredits the victim (victim) or close relatives. It is concluded that, in contrast to the existing legislative proposals, it is proved that the best option is the existence of a general criminal liability for coercion together with special rules that provide for liability for the most dangerous types of coercion.
Keywords: The article analyzes the norms of the criminal law, in which coercion (coercion) is recognized as a crime. This concept is usually specified by describing the method of coercion, which has criminal significance. It is determined that in the articles of the Special Part of the Criminal Code of Ukraine there is no clarity in the terminological differences in the methods of coercion. It is proved that the components of criminal offenses, in which the methods of coercion are not limited to physical or mental violence, or the threat of such violence – more fully reveal the essence and meaning of the concept of coercion. Methods of mental influence during coercion should not be limited to the threat of murder, infliction of grievous bodily harm, destruction of property, damage or seizure of property, disclosure of information that discredits the victim (victim) or close relatives. It is concluded that, in contrast to the existing legislative proposals, it is proved that the best option is the existence of a general criminal liability for coercion together with special rules that provide for liability for the most dangerous types of coercion.

DISCUSSIVE ISSUES OF DEFINING A SEARCH OF A PERSON AS AN INDEPENDENT INVESTIGATIVE (SEARCH) ACTION

Yana Koniushenko

Candidate of Law, Associate Professor, Associate Professor at the Department of Criminal Procedure
National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0003-4988-0793

Anotation. The current state of the legislative regulation of the search of a person has been determined; the investigative practice of conducting a search of a person was analyzed, on the basis of which the problematic moments of its implementation were highlighted; formulated the author's approach to defining a search of a person as an independent investigative (search) action; proposed legislative changes in the Criminal Procedure Code of Ukraine regarding the definition of a search of a person in a separate norm. Attention is drawn to the problems of the practical nature of conducting a search of a person when a person is detained in accordance with Article 208 of the Criminal Procedure Code of Ukraine, and in particular in the case of committing crimes in the field of narcotic drugs, psychotropic substances. Examples of decisions of a court of cassation on violation of the procedural order of a person's search are given. It is proved that the search of a person should be provided for in the Criminal Procedure Code of Ukraine as an independent investigative (search) action, with the definition of its purpose, grounds, procedure for conducting, grounds for conducting by the decision of the investigating judge and without such a decision. It is substantiated that these proposals should be consolidated in the new article 234-1 “Search of a person”.
Keywords: The current state of the legislative regulation of the search of a person has been determined; the investigative practice of conducting a search of a person was analyzed, on the basis of which the problematic moments of its implementation were highlighted; formulated the author's approach to defining a search of a person as an independent investigative (search) action; proposed legislative changes in the Criminal Procedure Code of Ukraine regarding the definition of a search of a person in a separate norm. Attention is drawn to the problems of the practical nature of conducting a search of a person when a person is detained in accordance with Article 208 of the Criminal Procedure Code of Ukraine, and in particular in the case of committing crimes in the field of narcotic drugs, psychotropic substances. Examples of decisions of a court of cassation on violation of the procedural order of a person's search are given. It is proved that the search of a person should be provided for in the Criminal Procedure Code of Ukraine as an independent investigative (search) action, with the definition of its purpose, grounds, procedure for conducting, grounds for conducting by the decision of the investigating judge and without such a decision. It is substantiated that these proposals should be consolidated in the new article 234-1 “Search of a person”.

PREREQUISITES FOR THE ORIGIN OF RETROSPECTIVE ANALYSIS SOCIAL SECURITY OF JUDGES

Vladyslav Kostenko

Judge
Kovpakivsky District Court of Sumy (Sumy, Ukraine)

ORCID ID: 0000-0002-5031-6260

Anotation. The relevance of the article is that the path that our country has taken in the process of its development, as well as world experience, show that proper social security of citizens is one of the priority tasks of every state, including Ukraine. The social security of judges in this context acquires a special meaning, because judges must not only be financially secure from the occurrence of such social risks as illness, disability or old age, but also receive additional guarantees from the state due to their status, job function and role. Рlays their activity for the functioning of the state. In the article the specifics of the emergence of a retrospective analysis of social security of judges are analyzed. The main events for the formation of social security of judges are identified. The peculiarities of the stages of the precondition for the emergence of a retrospective analysis of judges’ social security have been clarified.
Keywords: The relevance of the article is that the path that our country has taken in the process of its development, as well as world experience, show that proper social security of citizens is one of the priority tasks of every state, including Ukraine. The social security of judges in this context acquires a special meaning, because judges must not only be financially secure from the occurrence of such social risks as illness, disability or old age, but also receive additional guarantees from the state due to their status, job function and role. Рlays their activity for the functioning of the state. In the article the specifics of the emergence of a retrospective analysis of social security of judges are analyzed. The main events for the formation of social security of judges are identified. The peculiarities of the stages of the precondition for the emergence of a retrospective analysis of judges’ social security have been clarified.

THE CONCEPT OF PUBLIC ADMINISTRATION OF PRODUCTION AND CIRCULATION OF MEDICINES IN UKRAINE

Larysa Kotenko

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-9867-215X

Anotation. The relevance of the article is that the activities of public administration bodies must meet the challenges of society. In the time of social, political and economic transformations, globalization of human life, we observe a tendency to spread neoliberal economic doctrine. It is emphasized that the state must constantly influence the development of basic social relations, in its inherent forms, using appropriate techniques and methods, controls and directs the development of social relations, including the production and circulation of medicines. Public administration of the production and circulation of medicines as an important function of the state and its bodies is closely linked to other functions and must have a clear legal basis. The concept of public administration of production and circulation of medicines is formed in the article. It is determined that the production and circulation of medicines is one of the priorities of state policy, because it is important not only to formulate this policy, but also its implementation. Medicines are a group of consumer goods of special social importance. The need to use public administration mechanisms to protect public health is justified. Author’s definitions of the terms “production of medicines”, “circulation of medicines” and “public administration of production and circulation of medicines” are given.
Keywords: The relevance of the article is that the activities of public administration bodies must meet the challenges of society. In the time of social, political and economic transformations, globalization of human life, we observe a tendency to spread neoliberal economic doctrine. It is emphasized that the state must constantly influence the development of basic social relations, in its inherent forms, using appropriate techniques and methods, controls and directs the development of social relations, including the production and circulation of medicines. Public administration of the production and circulation of medicines as an important function of the state and its bodies is closely linked to other functions and must have a clear legal basis. The concept of public administration of production and circulation of medicines is formed in the article. It is determined that the production and circulation of medicines is one of the priorities of state policy, because it is important not only to formulate this policy, but also its implementation. Medicines are a group of consumer goods of special social importance. The need to use public administration mechanisms to protect public health is justified. Author’s definitions of the terms “production of medicines”, “circulation of medicines” and “public administration of production and circulation of medicines” are given.

THE CYCLICAL DISCOURSE AS A PROMISING DIRECTION FOR THE DEVELOPMENT OF LEGAL ORDER THEORY

Anatolii Kryzhanovskyi, Vladyslav Kopytkov

Anatolii Kryzhanovskyi, Doctor of Law, Professor, Professor at the Department of State and Legal Disciplines International Humanitarian University (Odesa, Ukraine)
Vladyslav Kopytkov, Postgraduate Student at the Department of State and Legal Disciplines International Humanitarian University (Odesa, Ukraine)

ORCID ID: 0000-0002-6266-6321, ORCID ID: 0000-0001-6710-9228

Anotation. The article explores the potential of a cyclical approach to comprehending the legal order as a multifaceted socio-legal phenomenon. The cyclicality of the legal order is interlinked with economic, political, ideological, social (social and individual psychology, behaviour of social actors, etc.) and legal factors. The authors extrapolate the position of the cyclical concepts available in jurisprudence to the processes of development of the legal order. The theoretical and methodological potential of cyclical discourse in comprehending the nature and genesis of legal order, its prediction and scenario interpretation is highlighted. The prospect of further research into various aspects of the contemporary legal order is developed.
Keywords: The article explores the potential of a cyclical approach to comprehending the legal order as a multifaceted socio-legal phenomenon. The cyclicality of the legal order is interlinked with economic, political, ideological, social (social and individual psychology, behaviour of social actors, etc.) and legal factors. The authors extrapolate the position of the cyclical concepts available in jurisprudence to the processes of development of the legal order. The theoretical and methodological potential of cyclical discourse in comprehending the nature and genesis of legal order, its prediction and scenario interpretation is highlighted. The prospect of further research into various aspects of the contemporary legal order is developed.

TYPES AND CONTENT OF PROBLEMS OF LEGAL CUSTOM IN THE SYSTEM SOURCE OF LABOR LAW

Volodymyr Kuzmenko

Ph. D. in Law, Judge
Sixth Administrative Court of Appeal (Kyiv, Ukraine)

ORCID ID: 0000-0002-1183-4348

Anotation. In the article the specifics of the problems of legal custom in the system of sources of labor law are analyzed. Scientific approaches to this issue are identified. The author’s list of such problems is formulated. The content of each of them is detailed. It is emphasized that legal customs were used to regulate labor relations in all states, which included Ukrainian lands at different historical stages. In particular, during the times of Kievan Rus, even after the adoption of “Russkaya Pravda”, which, for example, regulated the conclusion of personal employment contracts, a number of legal customs were used to regulate labor relations. It is determined that the solution to the problem, which is that the legal customs characteristic of labor law, have become objectified in the rules of law, which complicates their application in practice, it is necessary to clearly provide for the use of certain categories to regulate labor and labor relations customs that are not fixed at the regulatory level.
Keywords: In the article the specifics of the problems of legal custom in the system of sources of labor law are analyzed. Scientific approaches to this issue are identified. The author’s list of such problems is formulated. The content of each of them is detailed. It is emphasized that legal customs were used to regulate labor relations in all states, which included Ukrainian lands at different historical stages. In particular, during the times of Kievan Rus, even after the adoption of “Russkaya Pravda”, which, for example, regulated the conclusion of personal employment contracts, a number of legal customs were used to regulate labor relations. It is determined that the solution to the problem, which is that the legal customs characteristic of labor law, have become objectified in the rules of law, which complicates their application in practice, it is necessary to clearly provide for the use of certain categories to regulate labor and labor relations customs that are not fixed at the regulatory level.

IMPLEMENTATION OF STANDARDS OF PROFESSIONAL TRAINING OF MANAGERIAL STAFF OF THE NATIONAL POLICE OF UKRAINE BASED ON THE ANALYSIS OF THE POLICE ACTIVITY OF THE EU COUNTRIES

Ihor Kuzmenko

Postgraduate Student at the Department of Public Management and Administration
National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0001-7282-6619

Anotation. The purpose of the article is to study the essence and current issues of implementation of standards of professional training of management personnel of the National Police of Ukraine on the basis of the analysis of police activity of the EU countries. The work uses general scientific and special scientific methods of cognition, the specific combination of which is determined by the purpose and objectives of the study. The use of the formal-logical method made it possible to define, clarify and supplement certain concepts, categories, to organize the conceptualcategorical apparatus. Methods of formal logic, in particular analysis and synthesis, deduction and induction, analogy and generalization, etc., are also used. The scientific novelty of the article is that it studies the standards of EU countries in the field of professional training of police officers at the current stage of state and legal development, as well as highlights current issues in this area. Implementation of standards in the field of professional training of management personnel of the National Police of Ukraine is one of the priority areas. Further research in this area should be associated with the detailed development of certain problems of administrative and legal regulation in the analyzed area. In particular, this concerns the issue of professional development of managerial staff using the experience of EU countries. Problems arise at the present stage of law enforcement reform, there are difficulties in applying the experience of other states without appropriate adaptation, taking into account the peculiarities of police performance of official duties, which highlights the need to develop an effective mechanism for implementing standards in EU policing. The paper draws conclusions on the possibility of implementing European standards in the field of professional training of management staff, which will improve the quality of work of the National Police of Ukraine as a whole.
Keywords: The purpose of the article is to study the essence and current issues of implementation of standards of professional training of management personnel of the National Police of Ukraine on the basis of the analysis of police activity of the EU countries. The work uses general scientific and special scientific methods of cognition, the specific combination of which is determined by the purpose and objectives of the study. The use of the formal-logical method made it possible to define, clarify and supplement certain concepts, categories, to organize the conceptualcategorical apparatus. Methods of formal logic, in particular analysis and synthesis, deduction and induction, analogy and generalization, etc., are also used. The scientific novelty of the article is that it studies the standards of EU countries in the field of professional training of police officers at the current stage of state and legal development, as well as highlights current issues in this area. Implementation of standards in the field of professional training of management personnel of the National Police of Ukraine is one of the priority areas. Further research in this area should be associated with the detailed development of certain problems of administrative and legal regulation in the analyzed area. In particular, this concerns the issue of professional development of managerial staff using the experience of EU countries. Problems arise at the present stage of law enforcement reform, there are difficulties in applying the experience of other states without appropriate adaptation, taking into account the peculiarities of police performance of official duties, which highlights the need to develop an effective mechanism for implementing standards in EU policing. The paper draws conclusions on the possibility of implementing European standards in the field of professional training of management staff, which will improve the quality of work of the National Police of Ukraine as a whole.

ESSENCE AND FEATURES OF CONTROL AND SUPERVISION PUBLIC PROCUREMENT ACTIVITIES

Ihor Kucherenko

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-3935-5322

Anotation. The article analyzes various scientific positions on the issues of what is the control and supervision activity and what are the main features of it, as well as examines the regulations in the field of public (public) procurement. The field of public procurement requires special attention from the state. After all, this area has always been attractive to various fraudsters and corrupt officials. Therefore, the development and implementation of transparent rules and procedures in the field of public procurement will minimize the risks of various abuses and control and supervision activities are designed to facilitate this process. The article concludes that from a philosophical point of view, control as an objective social phenomenon is an integral part of the development of society as a whole and is a prerequisite for social progress. In turn, in the field of public procurement, state supervision is not regulated by the Law of Ukraine “On Public Procurement”, but this does not mean that it is absent. Proposed under the control and supervision activities in the field of public procurement, we understand the activities of public administration bodies, public institutions and individuals to identify and prevent violations of the law on procurement procedures by the parties and ensure public interest, including proper quality of goods, works and services to meet the needs of the state, territorial and united territorial communities.
Keywords: The article analyzes various scientific positions on the issues of what is the control and supervision activity and what are the main features of it, as well as examines the regulations in the field of public (public) procurement. The field of public procurement requires special attention from the state. After all, this area has always been attractive to various fraudsters and corrupt officials. Therefore, the development and implementation of transparent rules and procedures in the field of public procurement will minimize the risks of various abuses and control and supervision activities are designed to facilitate this process. The article concludes that from a philosophical point of view, control as an objective social phenomenon is an integral part of the development of society as a whole and is a prerequisite for social progress. In turn, in the field of public procurement, state supervision is not regulated by the Law of Ukraine “On Public Procurement”, but this does not mean that it is absent. Proposed under the control and supervision activities in the field of public procurement, we understand the activities of public administration bodies, public institutions and individuals to identify and prevent violations of the law on procurement procedures by the parties and ensure public interest, including proper quality of goods, works and services to meet the needs of the state, territorial and united territorial communities.

WAYS OF LEGISLATIVE SETTLEMENT OF ADMINISTRATIVE RESPONSIBILITY, WHERE CRYPTOCURRENCY AND ITS DERIVATIVES ARE THE SUBJECT OF OFFENSE (ON THE EXAMPLE OF VIOLATION OF FINANCIAL CONTROL REQUIREMENTS)

Evhenyi Lavrentev

Applicant
Research Institute of Public Law (Kiyv, Ukraine)

ORCID ID: 0000-0001-5902-9295

Anotation. The author analyzes the state of legislative regulation in Ukraine of the issue of administrative responsibility for offenses, where the subject of the latter is cryptocurrency or its derivatives on the example of violations of financial control requirements. The researcher is convinced of the further distribution of cryptocurrency and its derivatives, as well as the feasibility of early resolution of legal liability issues related to corruption and cryptocurrency, its derivatives. Particular attention is paid to relevant legislative practice and modeling of public relations related to evidence and proof. The emphasis is on the fact that solving the issue of responsibility depends on the final determination of the legal status of cryptocurrencies and its derivatives. The boundaries of the problem are outlined and recommendations are given on the likely ways to solve the problems raised. It has been determined that the lawmaking ways of developing administrative responsibility, where the subject of an offense is cryptocurrency (for example, violations of financial control requirements) depends on the adoption of laws that neutralize anachronisms in the law and regulate their legal status, the procedure for applying and prosecuting.
Keywords: The author analyzes the state of legislative regulation in Ukraine of the issue of administrative responsibility for offenses, where the subject of the latter is cryptocurrency or its derivatives on the example of violations of financial control requirements. The researcher is convinced of the further distribution of cryptocurrency and its derivatives, as well as the feasibility of early resolution of legal liability issues related to corruption and cryptocurrency, its derivatives. Particular attention is paid to relevant legislative practice and modeling of public relations related to evidence and proof. The emphasis is on the fact that solving the issue of responsibility depends on the final determination of the legal status of cryptocurrencies and its derivatives. The boundaries of the problem are outlined and recommendations are given on the likely ways to solve the problems raised. It has been determined that the lawmaking ways of developing administrative responsibility, where the subject of an offense is cryptocurrency (for example, violations of financial control requirements) depends on the adoption of laws that neutralize anachronisms in the law and regulate their legal status, the procedure for applying and prosecuting.

LEGAL GUARANTEES OF ACTIVITIES OF STATE LOCAL ADMINISTRATIONS IN THE FIELD OF BUDGET AND FINANCE

Anton Lapika

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-4807-5285

Anotation. This article considers the current problem of providing legal guarantees for the activities of state local administrations in the field of budget and finance. It is proved that in the conditions of public administration reform the leading role is given to local state administrations as a hardening of protection of constitutional rights of local communities, accordingly, protection of legal guarantees of activity of state local administrations in the field of budget and finance is an actual scientific problem. It is determined that the local state administration is a local executive body and implements national policy in the field of socio-economic development of local communities. The views of scholars on the nature and types of legal guarantees are analyzed. The normative-legal base of guarantees of activity of local state administration is characterized. Legal guarantees are a set of legal means and methods that determine the conditions and procedure for the unimpeded exercise of individual rights and freedoms, as well as their protection and reliable protection against unlawful encroachments. As a result of the conducted research three groups of legal guarantees of activity of the state local administrations are allocated and characterized: 1) guarantees that ensure organizational and managerial independence of local state administrations; 2) guarantees that ensure financial and economic autonomy and independence of local state administrations; 3) guarantees for the protection of the rights of local state administrations. Guarantees of the activity of state local administrations in the field of budget and finance include: 1) guarantee of financial and economic independence of local state administrations in the formation and disposal of property and funds available on their territory; 2) legislative consolidation of the right to create and independently manage local state administrations by utility companies, institutions and organizations; 3) independent management of local financial resources; 4) autonomy of management of local state administrations in relation to the formation and management of the local budget. Local state administrations periodically report to local communities on budget revenues and expenditures and finances.
Keywords: This article considers the current problem of providing legal guarantees for the activities of state local administrations in the field of budget and finance. It is proved that in the conditions of public administration reform the leading role is given to local state administrations as a hardening of protection of constitutional rights of local communities, accordingly, protection of legal guarantees of activity of state local administrations in the field of budget and finance is an actual scientific problem. It is determined that the local state administration is a local executive body and implements national policy in the field of socio-economic development of local communities. The views of scholars on the nature and types of legal guarantees are analyzed. The normative-legal base of guarantees of activity of local state administration is characterized. Legal guarantees are a set of legal means and methods that determine the conditions and procedure for the unimpeded exercise of individual rights and freedoms, as well as their protection and reliable protection against unlawful encroachments. As a result of the conducted research three groups of legal guarantees of activity of the state local administrations are allocated and characterized: 1) guarantees that ensure organizational and managerial independence of local state administrations; 2) guarantees that ensure financial and economic autonomy and independence of local state administrations; 3) guarantees for the protection of the rights of local state administrations. Guarantees of the activity of state local administrations in the field of budget and finance include: 1) guarantee of financial and economic independence of local state administrations in the formation and disposal of property and funds available on their territory; 2) legislative consolidation of the right to create and independently manage local state administrations by utility companies, institutions and organizations; 3) independent management of local financial resources; 4) autonomy of management of local state administrations in relation to the formation and management of the local budget. Local state administrations periodically report to local communities on budget revenues and expenditures and finances.

CONCEPTS, SIGNS AND STRUCTURE OF THE ADMINISTRATIVE AND LEGAL MECHANISM FOR PREVENTION OF CORRUPTION OFFENSES

Alina Levchuk

Adjunct Professor at the Department of Doctoral and Postgraduate Studies
National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0002-3151-7382

Anotation. The article examines the structure of the administrative and legal mechanism for the prevention of offenses related to corruption. The constituent elements of the mechanism, which are normative legal acts, prevention subjects, which exercise their powers in the relevant administrative and legal relations, acts of implementation of norms of administrative law and tools of public administration are analyzed. A number of problematic issues in the effectiveness of state mechanisms for the prevention of corruption, corruption offenses and offenses related to corruption are highlighted. The article provides the author's definition of the concept of administrative and legal mechanism to prevent offences related to corruption, which is understood as a system of administrative and legal means, measures and constituent elements, which in coherence and unity form a comprehensive system of anti-corruption requirements, which is designed to regulate social relations arising in the prevention of corruption and corruption-related offences, regulated by norms of administrative law. The main features and characteristics of the administrative and legal mechanism of prevention of offences related to corruption were revealed. The main features and characteristics of administrative and legal mechanism of prevention of offences related to corruption were revealed. Attention is drawn to the fact that the functioning of mechanisms of administrative-legal prevention depends on the quality of legal regulation, and on how well the norms of law take into account the regularities of social relations, which are regulated.
Keywords: The article examines the structure of the administrative and legal mechanism for the prevention of offenses related to corruption. The constituent elements of the mechanism, which are normative legal acts, prevention subjects, which exercise their powers in the relevant administrative and legal relations, acts of implementation of norms of administrative law and tools of public administration are analyzed. A number of problematic issues in the effectiveness of state mechanisms for the prevention of corruption, corruption offenses and offenses related to corruption are highlighted. The article provides the author's definition of the concept of administrative and legal mechanism to prevent offences related to corruption, which is understood as a system of administrative and legal means, measures and constituent elements, which in coherence and unity form a comprehensive system of anti-corruption requirements, which is designed to regulate social relations arising in the prevention of corruption and corruption-related offences, regulated by norms of administrative law. The main features and characteristics of the administrative and legal mechanism of prevention of offences related to corruption were revealed. The main features and characteristics of administrative and legal mechanism of prevention of offences related to corruption were revealed. Attention is drawn to the fact that the functioning of mechanisms of administrative-legal prevention depends on the quality of legal regulation, and on how well the norms of law take into account the regularities of social relations, which are regulated.

ADMINISTRATIVE AND LEGAL PRINCIPLES PUBLIC ADMINISTRATION IN THE FIELD OF INSURANCE

Оlena Ledviy

Postgraduate Student
Lviv Polytechnic National University (Lviv, Ukraine)

ORCID ID: 0000-0002-4060-6475

Anotation. The article considers the issue of administrative and legal mechanisms for implementing state policy in the field of insurance. The essence of insurance activity and features of its implementation are found out. The analysis of the ratio of insurance and banking activities. The structure of state management of the insurance sector of the economy is considered. It is stated that the state regulates insurance activities by: establishing conditions for admission to the insurance market of organizations that are going to provide insurance services (obtaining a license); determination of financial standards for insurers; consolidation of the principles of investing insurance funds; implementation of administrative supervision over the activities of insurers; establishing liability for violation of insurance legislation. These tools are the content of administrative and legal regulation of insurance activities. It is emphasized that administrative and legal regulation is a mechanism of imperative and regulatory regulation of the organization and activities of subjects and objects of management and the formation of a stable legal order of their functioning. Traditionally, one of the elements of administrative and legal influence is state regulation. It is indicated that the structure of state management of the insurance sector of the economy can be considered in two aspects: 1) insurance management through the functioning of the state insurance system, in other words, as part of the state economy; 2) insurance management as a sector of the economy, through regulatory regulation of insurance activities. It is noted that insurance activity is a professional commercial activity for the formation, distribution and use of insurance funds to protect the property interests of individuals and legal entities in the event of insured events.
Keywords: The article considers the issue of administrative and legal mechanisms for implementing state policy in the field of insurance. The essence of insurance activity and features of its implementation are found out. The analysis of the ratio of insurance and banking activities. The structure of state management of the insurance sector of the economy is considered. It is stated that the state regulates insurance activities by: establishing conditions for admission to the insurance market of organizations that are going to provide insurance services (obtaining a license); determination of financial standards for insurers; consolidation of the principles of investing insurance funds; implementation of administrative supervision over the activities of insurers; establishing liability for violation of insurance legislation. These tools are the content of administrative and legal regulation of insurance activities. It is emphasized that administrative and legal regulation is a mechanism of imperative and regulatory regulation of the organization and activities of subjects and objects of management and the formation of a stable legal order of their functioning. Traditionally, one of the elements of administrative and legal influence is state regulation. It is indicated that the structure of state management of the insurance sector of the economy can be considered in two aspects: 1) insurance management through the functioning of the state insurance system, in other words, as part of the state economy; 2) insurance management as a sector of the economy, through regulatory regulation of insurance activities. It is noted that insurance activity is a professional commercial activity for the formation, distribution and use of insurance funds to protect the property interests of individuals and legal entities in the event of insured events.

FOREIGN EXPERIENCE OF LEGAL REGULATION OF CUSTOMS REGIMES AND PROSPECTS OF ITS IMPLEMENTATION IN NATIONAL LEGISLATION AND LEGAL PRACTICE

Rostislav Lemekha

Candidate of Law Science, Candidate of the Degree of Doctor of Laws
Zaporizhzhya National University (Zaporizhzhya, Ukraine)

ORCID ID: 0000-0001-9013-8318

Anotation. The scientific publication is devoted to the peculiarities of the legal regulation of customs regimes in foreign countries and identifies the possibility and feasibility of introducing the best foreign experience in national legislation and legal practice. The research methodology is based on an organic combination of philosophical, general scientific and special legal research methods. Among the latter, methods of comparative jurisprudence, legal dogma, statistics and methods of legal modeling are used. The author investigated of the positive experience of carrying out reforms of systems of management of customs services and the organization of activity of customs bodies in the USA, Singapore, Sweden, Canada and France. The conclusion is formulated about the necessity of further research of features of legal regulation of customs regimes in foreign countries and definition of possibility of borrowing of the best positive experience for the purpose of its introduction in the national legislation and legal practice. Analysis of foreign experience in regulating customs clearance schemes and customs control shows that the quality of customs services is higher where advanced automated technologies are widely used. The transition to electronic declaration technologies is taking place in all developed countries. Automation of procedures of customs registration and customs control allows to organize interaction of the customs broker during submission of the declaration and receipt of the decision of customs bodies and the controlling organizations through computer system; significantly reduce the workload of customs officers with paper documents and reduce the time of registration. Introduction of new progressive technologies in the field of customs management, optimization of customs procedures, expansion of practice of informing and consulting participants of foreign economic activity, and also development of customs infrastructure and its technical equipment affect the formation of favorable conditions of foreign economic activity, reduction of administrative barriers, increasing the welfare of the population and the pace of economic development and business activity.
Keywords: The scientific publication is devoted to the peculiarities of the legal regulation of customs regimes in foreign countries and identifies the possibility and feasibility of introducing the best foreign experience in national legislation and legal practice. The research methodology is based on an organic combination of philosophical, general scientific and special legal research methods. Among the latter, methods of comparative jurisprudence, legal dogma, statistics and methods of legal modeling are used. The author investigated of the positive experience of carrying out reforms of systems of management of customs services and the organization of activity of customs bodies in the USA, Singapore, Sweden, Canada and France. The conclusion is formulated about the necessity of further research of features of legal regulation of customs regimes in foreign countries and definition of possibility of borrowing of the best positive experience for the purpose of its introduction in the national legislation and legal practice. Analysis of foreign experience in regulating customs clearance schemes and customs control shows that the quality of customs services is higher where advanced automated technologies are widely used. The transition to electronic declaration technologies is taking place in all developed countries. Automation of procedures of customs registration and customs control allows to organize interaction of the customs broker during submission of the declaration and receipt of the decision of customs bodies and the controlling organizations through computer system; significantly reduce the workload of customs officers with paper documents and reduce the time of registration. Introduction of new progressive technologies in the field of customs management, optimization of customs procedures, expansion of practice of informing and consulting participants of foreign economic activity, and also development of customs infrastructure and its technical equipment affect the formation of favorable conditions of foreign economic activity, reduction of administrative barriers, increasing the welfare of the population and the pace of economic development and business activity.

SPECIFICS OF PUBLIC-PRIVATE PARTNERSHIP: THEORETICAL AND METHODOLOGICAL ASPECT

Pоlinа Litvinovska

Postgraduate Student at the Department of Public Administration and Land Management
Classical Private University (Zaporizhzhia, Ukraine)

ORCID ID: 0000-0001-8641-7568

Anotation. The article reveals the theoretical and methodological principles of public-private partnership; the content and essence of key concepts are outlined: “interaction”, “cooperation”, “public-private partnership”; the scientific discussion around these categories is considered. The following are chosen as research methods in scientific intelligence general scientific, in particular, abstract-logical, method of analysis and synthesis, comparison, systematization, generalization. It is noted that the public-private partnership is aimed at cooperation and rapprochement of government and business in order to implement a wide range of public services. The advantages of public-private partnership for the state, business structures, society are determined. Attention is drawn to the fact that cooperation between the state and business provides opportunities to use public-private partnerships as an effective mechanism for successfully overcoming certain contradictions in innovation systems that have emerged recently and continue to emerge. It is emphasized that public-private partnership is a new phenomenon that is in a state of permanent development and improvement – so its interpretations are changing, the range of vision of functions and mechanisms is expanding, new accents in the context of state-business interaction are being updated. management.
Keywords: The article reveals the theoretical and methodological principles of public-private partnership; the content and essence of key concepts are outlined: “interaction”, “cooperation”, “public-private partnership”; the scientific discussion around these categories is considered. The following are chosen as research methods in scientific intelligence general scientific, in particular, abstract-logical, method of analysis and synthesis, comparison, systematization, generalization. It is noted that the public-private partnership is aimed at cooperation and rapprochement of government and business in order to implement a wide range of public services. The advantages of public-private partnership for the state, business structures, society are determined. Attention is drawn to the fact that cooperation between the state and business provides opportunities to use public-private partnerships as an effective mechanism for successfully overcoming certain contradictions in innovation systems that have emerged recently and continue to emerge. It is emphasized that public-private partnership is a new phenomenon that is in a state of permanent development and improvement – so its interpretations are changing, the range of vision of functions and mechanisms is expanding, new accents in the context of state-business interaction are being updated. management.

EVALUATION OF CIVIL SERVANTS AS AN IMPORTANT FACTOR OF IMPROVING THE EFFICIENCY OF CIVIL SERVICE FUNCTIONING

Alina Oliynyk

Postgraduate Student at the Department of Public Administration and Customs Administration
University of Customs and Finance (Dnipro, Ukraine)

ORCID ID: 0000-0003-0294-1237

Anotation. The article is devoted to the definition of evaluation of civil servants as one of the main factors in improving the efficiency and effectiveness of the civil service. It is established that the issue of evaluating the activities of civil servants is the subject of research in various fields of science, including administrative law, theory of public administration, management, sociology, etc., both in the domestic scientific space and abroad. It is determined that civil service is impossible without periodic evaluation of the civil servant’s activity. The specific results of the work of each state body also depend on the effectiveness of the evaluation of the civil servant’s activity. Therefore, one of the essential levers for improving the civil service is evaluation as a necessary tool to improve its functioning and create an effective procedure for determining the performance of civil servants. Procedures for evaluating the performance of civil servants are important both for the selection of staffing and promotion of civil servants, and for the exercise of their powers in the external environment. An objective criterion for evaluating the activities of a civil servant is the existence of certain criteria that a civil servant should focus on for promotion, career growth, etc., and therefore evaluation activities should be aimed at improving the efficiency, effectiveness and quality of the civil service. Therefore, the creation of a system of objective evaluation of the activities of civil servants leads to the creation of clearly defined criteria and forms of such evaluation, which are important evaluation requirements for the activities of civil servants. It is proved that one of the essential levers for improving the civil service is evaluation as a necessary tool to improve its functioning and create an effective procedure for determining the performance of civil servants. Problematic issues are the underdeveloped request for evaluation of public authorities; replacement of the term “evaluation” with the terms “control”, “monitoring”, “audit”; insufficient assessment skills. It is proposed to understand the evaluation of civil servants as a comprehensive procedure of authorized bodies and officials, aimed at determining the level of compliance of civil servants with the established requirements for the position and determining the prospects for his further service.
Keywords: The article is devoted to the definition of evaluation of civil servants as one of the main factors in improving the efficiency and effectiveness of the civil service. It is established that the issue of evaluating the activities of civil servants is the subject of research in various fields of science, including administrative law, theory of public administration, management, sociology, etc., both in the domestic scientific space and abroad. It is determined that civil service is impossible without periodic evaluation of the civil servant’s activity. The specific results of the work of each state body also depend on the effectiveness of the evaluation of the civil servant’s activity. Therefore, one of the essential levers for improving the civil service is evaluation as a necessary tool to improve its functioning and create an effective procedure for determining the performance of civil servants. Procedures for evaluating the performance of civil servants are important both for the selection of staffing and promotion of civil servants, and for the exercise of their powers in the external environment. An objective criterion for evaluating the activities of a civil servant is the existence of certain criteria that a civil servant should focus on for promotion, career growth, etc., and therefore evaluation activities should be aimed at improving the efficiency, effectiveness and quality of the civil service. Therefore, the creation of a system of objective evaluation of the activities of civil servants leads to the creation of clearly defined criteria and forms of such evaluation, which are important evaluation requirements for the activities of civil servants. It is proved that one of the essential levers for improving the civil service is evaluation as a necessary tool to improve its functioning and create an effective procedure for determining the performance of civil servants. Problematic issues are the underdeveloped request for evaluation of public authorities; replacement of the term “evaluation” with the terms “control”, “monitoring”, “audit”; insufficient assessment skills. It is proposed to understand the evaluation of civil servants as a comprehensive procedure of authorized bodies and officials, aimed at determining the level of compliance of civil servants with the established requirements for the position and determining the prospects for his further service.