Journal №6 (34) vol. 3 / 2020|KELM

LIST OF FILES

PLACE AND FEATURES OF HIGHER SPECIALISTS OF COURTS IN THE JUDICIAL SYSTEM OF UKRAINE FROM THE POSITION ADMINISTRATIVE LAW

Irina Antipova

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0003-2926-7705

Anotation. The purpose of the article is to determine the place and features of higher specialized courts in the judicial system of Ukraine from the standpoint of administrative law on the basis of the positions of scholars and the norms of current special legislation. The article identifies the place of higher specialized courts in the judicial system of Ukraine from the standpoint of administrative law. It is revealed that higher specialized courts occupy an important place in the judicial system of Ukraine and are conditionally privileged courts that administer special types of justice in order to relieve the judiciary and improve the procedure of judicial protection of rights, freedoms and legitimate interests of individuals and the public interest related to corruption or intellectual property. It is concluded that higher specialized courts occupy an important place in the judicial system of Ukraine and are conditionally privileged courts that administer special types of justice to relieve the judiciary and improve the procedure of judicial protection of rights, freedoms and legitimate interests of individuals and public interest within specific legal relations. related to corruption or intellectual property.
Keywords: The purpose of the article is to determine the place and features of higher specialized courts in the judicial system of Ukraine from the standpoint of administrative law on the basis of the positions of scholars and the norms of current special legislation. The article identifies the place of higher specialized courts in the judicial system of Ukraine from the standpoint of administrative law. It is revealed that higher specialized courts occupy an important place in the judicial system of Ukraine and are conditionally privileged courts that administer special types of justice in order to relieve the judiciary and improve the procedure of judicial protection of rights, freedoms and legitimate interests of individuals and the public interest related to corruption or intellectual property. It is concluded that higher specialized courts occupy an important place in the judicial system of Ukraine and are conditionally privileged courts that administer special types of justice to relieve the judiciary and improve the procedure of judicial protection of rights, freedoms and legitimate interests of individuals and public interest within specific legal relations. related to corruption or intellectual property.

DIGITAL TRANSFORMATION OF ANTI-CORRUPTION BODIES. ORGANIZATIONAL AND LEGAL BASES OF INTRODUCTION OF ELECTRONIC CRIMINAL PROCEEDINGS AS A NEW FORM OF DOCUMENTARY INTERACTION

Liudmyla Asanova

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

ORCID ID: 0000-0003-2203-0457

Anotation. The study of the organization of modern office work as an integrating element of the digital transformation of Ukrainian society, on the level of which depends the effectiveness of the institutions of their profile tasks is relevant for modern science. Carrying out the analysis of historical stages of office work, conditions of its formation, definition of concept of office work, types and forms of document circulation, having studied requirements to the maintenance and registration of documents, and also their classification it is necessary to find ways of practical introduction in the organization of means of perfect documentation of management. Today our state is gradually implementing the positive experience of Western countries in the digitalization of all spheres of life. The development of the information society in Ukraine presupposes purposeful coordinated activity of all state authorities and local self-government bodies.
Keywords: The study of the organization of modern office work as an integrating element of the digital transformation of Ukrainian society, on the level of which depends the effectiveness of the institutions of their profile tasks is relevant for modern science. Carrying out the analysis of historical stages of office work, conditions of its formation, definition of concept of office work, types and forms of document circulation, having studied requirements to the maintenance and registration of documents, and also their classification it is necessary to find ways of practical introduction in the organization of means of perfect documentation of management. Today our state is gradually implementing the positive experience of Western countries in the digitalization of all spheres of life. The development of the information society in Ukraine presupposes purposeful coordinated activity of all state authorities and local self-government bodies.

FORMATION OF CRIMINAL-LEGAL COUNTERACTION TO CORRUPTION OFFENSES IN THE CENTRAL BODIES OF THE POWER OF UKRAINE

Serhii Bogachenko

Postgraduate Student
National Academy of Management (Kyiv, Ukraine)

ORCID ID: 0000-0003-2237-7370

Anotation. The article makes a historical reconstruction of the formation and stages of development of criminallegal counteraction to corruption offenses in the central authorities of Ukraine, an analytical interpretation of the periods of development of this criminal-legal institution is carried out. It has been proved that the formation of criminal-legal counteraction to corruption offenses in the central executive authorities of Ukraine has gone through five main stages, in particular: the period of Kievan Rus – the formation of norms in the “Russian Pravda”; the period of stay in the Rzecz Pospolita and the Cossack era – permanent counteraction to corruption in the government; the period of Ukraine's entry into foreign states – the beginning of the institutionalization of the norms of combating corruption in the government; the Soviet period – the criminalization of corruption offenses in the norms of certain corpus delicti, the period of independence of Ukraine – the formation of a ramified institutionalized system of criminal-legal counteraction to corruption in the central authorities. A historical analysis of the criminal law norms of the previously existing and modern legislation, which are types of criminal law means of combating corruption, is carried out.
Keywords: The article makes a historical reconstruction of the formation and stages of development of criminallegal counteraction to corruption offenses in the central authorities of Ukraine, an analytical interpretation of the periods of development of this criminal-legal institution is carried out. It has been proved that the formation of criminal-legal counteraction to corruption offenses in the central executive authorities of Ukraine has gone through five main stages, in particular: the period of Kievan Rus – the formation of norms in the “Russian Pravda”; the period of stay in the Rzecz Pospolita and the Cossack era – permanent counteraction to corruption in the government; the period of Ukraine's entry into foreign states – the beginning of the institutionalization of the norms of combating corruption in the government; the Soviet period – the criminalization of corruption offenses in the norms of certain corpus delicti, the period of independence of Ukraine – the formation of a ramified institutionalized system of criminal-legal counteraction to corruption in the central authorities. A historical analysis of the criminal law norms of the previously existing and modern legislation, which are types of criminal law means of combating corruption, is carried out.

EPISTEM OF THE LEGAL CONCEPT “INDEPENDENCE OF JUDGES IN UKRAINE”

Alina Vyshneva

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0001-5915-6470

Anotation. The article is devoted to the disclosure of essential side, ideological component and content legal concept “independence of judges in Ukraine”. The legal concept of “independence of judges in Ukraine” is defined as a phenomenon of legal reality that has a complex internal structure. This is due to variable components (for example, the legal culture of the individual, established social traditions, corruption-causing factors, the state of regulatory and legal support of judicial sphere, etc.). From their level, presence or absence depends effectiveness and efficiency of judicial protection of the interests of individuals and state, the degree of responsible attitude of authorized persons to perform their functions and responsibilities, the general state of democratization of society, and the authority of the justice system. The content of the legal concept of “independence of judges in Ukraine” is formed as a set of specific elements that form it as a holistic legal phenomenon, as well as the process of fulfilling the legal obligations of stakeholders to the judiciary and society.
Keywords: The article is devoted to the disclosure of essential side, ideological component and content legal concept “independence of judges in Ukraine”. The legal concept of “independence of judges in Ukraine” is defined as a phenomenon of legal reality that has a complex internal structure. This is due to variable components (for example, the legal culture of the individual, established social traditions, corruption-causing factors, the state of regulatory and legal support of judicial sphere, etc.). From their level, presence or absence depends effectiveness and efficiency of judicial protection of the interests of individuals and state, the degree of responsible attitude of authorized persons to perform their functions and responsibilities, the general state of democratization of society, and the authority of the justice system. The content of the legal concept of “independence of judges in Ukraine” is formed as a set of specific elements that form it as a holistic legal phenomenon, as well as the process of fulfilling the legal obligations of stakeholders to the judiciary and society.

CRIMINAL LAW, DEVELOPMENT AND ENVIRONMENTAL POLICY

Anastasiia Virt

Postgraduate Student at the Department of Criminal Law
National University “Odessa Law Academy” (Odesa, Ukraine)

ORCID ID: 0000-0002-7764-167X

Anotation. The paper reveals the features of doctrinal analysis of the process of criminalization and systematization of deeds related to environmental policy and sustainable development. The purpose of the article is to clarify the nature, features, legal nature and characteristics of criminal law protection of nature on examples of a set of legal regulations formation on combating illegal mining. as well as the development of proposals and recommendations for improving the legal regulation of the problem. Based on the ground of sustainable development analysis an illegal handling of minerals is analysed. To this end, the paper identifies economic, legal and methodological principles for criminal policy on formalizing the relevant provisions of criminal law.
Keywords: The paper reveals the features of doctrinal analysis of the process of criminalization and systematization of deeds related to environmental policy and sustainable development. The purpose of the article is to clarify the nature, features, legal nature and characteristics of criminal law protection of nature on examples of a set of legal regulations formation on combating illegal mining. as well as the development of proposals and recommendations for improving the legal regulation of the problem. Based on the ground of sustainable development analysis an illegal handling of minerals is analysed. To this end, the paper identifies economic, legal and methodological principles for criminal policy on formalizing the relevant provisions of criminal law.

ON THE FEATURES OF THE COMPLETE INDIVIDUAL MATERIAL RESPONSIBILITY OF EMPLOYEES

Leonid Gaidarenko

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

ORCID ID: 0000-0002-1855-5536

Anotation. The relevance of the article is that the modern market management system in Ukraine stipulates that one of the most priority tasks in the mechanism of labor is to ensure the preservation of property and material and technical values. Labor legislation in Ukraine is the basis that regulates the procedure and conditions of liability of the parties to the employment contract. Thus, one of the aspects of the employment relationship is the question of the employee's liability to the employer for damages. The purpose of the article is to consider the problems related to the enshrinement of the provisions on full individual liability of the employee in employment contracts. The article states that the mandatory enshrinement in employment contracts of the rules on full individual liability of the employee is a requirement of today. It is indicated that the legislation, which currently regulates the procedure and conditions for concluding employment contracts with materially responsible persons, needs to be changed, and directions for improving employment contracts with materially responsible persons have been identified.
Keywords: The relevance of the article is that the modern market management system in Ukraine stipulates that one of the most priority tasks in the mechanism of labor is to ensure the preservation of property and material and technical values. Labor legislation in Ukraine is the basis that regulates the procedure and conditions of liability of the parties to the employment contract. Thus, one of the aspects of the employment relationship is the question of the employee's liability to the employer for damages. The purpose of the article is to consider the problems related to the enshrinement of the provisions on full individual liability of the employee in employment contracts. The article states that the mandatory enshrinement in employment contracts of the rules on full individual liability of the employee is a requirement of today. It is indicated that the legislation, which currently regulates the procedure and conditions for concluding employment contracts with materially responsible persons, needs to be changed, and directions for improving employment contracts with materially responsible persons have been identified.

FORMATION OF CRIMINAL LAW COUNTERING VIOLATIONS OF THE RIGHTS AND INTERESTS OF WOMEN IN UKRAINE

Svitlana Giryak

Postgraduate Student
National Academy of Management (Kyiv, Ukraine)

ORCID ID: 0000-0002-1555-2364

Anotation. The article examines the genesis of the formation and development of criminal-legal counteraction to violation of the rights and interests of women in Ukraine, identifies and characterizes the main historical stages in the criminalization of violations of women's rights. Five periods of the formation of criminal legal counteraction against the violation of the rights and interests of women in Ukraine are highlighted: the medieval period of Kievan Rus and the Grand Duchy of Lithuania, when the criminal legal foundations of responsibility for crimes committed against women were laid down in documents and legislative acts; the period of the Cossacks was characterized by an increased attention of the legislator to the role of women in society; the period of the entry of the Ukrainian lands into the empire – the establishment of separate norms of responsibility for crimes against women on the basis of gender; the period of the USSR, in which there was a concretization and institutionalization of criminal responsibility for crimes against women in the gender aspect; the period of independence of Ukraine – the modernization of criminal legislation aimed at countering the violation of women's rights in Ukraine, which is taking place in the context of global humanistic trends and transformations of social relations.
Keywords: The article examines the genesis of the formation and development of criminal-legal counteraction to violation of the rights and interests of women in Ukraine, identifies and characterizes the main historical stages in the criminalization of violations of women's rights. Five periods of the formation of criminal legal counteraction against the violation of the rights and interests of women in Ukraine are highlighted: the medieval period of Kievan Rus and the Grand Duchy of Lithuania, when the criminal legal foundations of responsibility for crimes committed against women were laid down in documents and legislative acts; the period of the Cossacks was characterized by an increased attention of the legislator to the role of women in society; the period of the entry of the Ukrainian lands into the empire – the establishment of separate norms of responsibility for crimes against women on the basis of gender; the period of the USSR, in which there was a concretization and institutionalization of criminal responsibility for crimes against women in the gender aspect; the period of independence of Ukraine – the modernization of criminal legislation aimed at countering the violation of women's rights in Ukraine, which is taking place in the context of global humanistic trends and transformations of social relations.

PENALTY AS A SPECIAL TYPE OF ADMINISTRATIVE PENALTIES APPLICABLE TO VIOLATION OF CUSTOMS RULES

Andriy Grebenyuk

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-2401-4525

Anotation. In the article attempts to comprehensively analyze the fine as a special type of administrative penalty applied to persons who have violated customs rules, provided for in Article 482 of the Customs Code of Ukraine. It is established that this type of penalty is a type of fine enshrined in the Code of Ukraine on Administrative Offenses. In the course of the research the approaches to the definition of the term “administrative penalty” are considered, the most widespread ways of classification are worked out. It is determined that the commission of customs offenses harms the property interests of the state. A fine as an administrative penalty applied for violation of customs rules is characterized by the following features: regulatory consolidation; type of administrative penalty; is a foreclosure of a property nature; has the character of a financial sanction; determined in accordance with the percentage value of goods, commercial vehicles; imposed by a specially authorized entity; the amount of the fine is directly determined by the legislator.
Keywords: In the article attempts to comprehensively analyze the fine as a special type of administrative penalty applied to persons who have violated customs rules, provided for in Article 482 of the Customs Code of Ukraine. It is established that this type of penalty is a type of fine enshrined in the Code of Ukraine on Administrative Offenses. In the course of the research the approaches to the definition of the term “administrative penalty” are considered, the most widespread ways of classification are worked out. It is determined that the commission of customs offenses harms the property interests of the state. A fine as an administrative penalty applied for violation of customs rules is characterized by the following features: regulatory consolidation; type of administrative penalty; is a foreclosure of a property nature; has the character of a financial sanction; determined in accordance with the percentage value of goods, commercial vehicles; imposed by a specially authorized entity; the amount of the fine is directly determined by the legislator.

PECULIARITIES OF REGIONAL SETTLEMENT PROTECTION OF THE WORLD OCEAN

Timur Danelia

Postgraduate Student
Legislation Institute of the Verkhovna Rada of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0003-3102-1931

Anotation. The relevance of the article is that the World Ocean and their components are more negatively affected by anthropogenic effects than other components of the natural environment, namely: wasteful use of resources, pollution of surface waters and the bottom of the seas and oceans with bioprotective substances that cannot be decomposed and dissolved due to the unique ability of the oceans recycle all pollutants. The purpose of the article is to determine the features of regional cooperation in the field of protection of the world's ocean ecosystem from pollution. The article analyzes the main provisions and principles that contribute to the sustainable management and development of the oceans at the regional level. It was found that, in accordance with the provisions of the UN Convention on the Law of the Sea (1982), all states are interested in working closely to ensure the conservation and protection of the oceans at all levels, both global and regional. At the same time, the importance of regional conventions on the protection of the waters and living resources of individual seas from pollution, which complement, develop and strengthen global agreements, is emphasized.
Keywords: The relevance of the article is that the World Ocean and their components are more negatively affected by anthropogenic effects than other components of the natural environment, namely: wasteful use of resources, pollution of surface waters and the bottom of the seas and oceans with bioprotective substances that cannot be decomposed and dissolved due to the unique ability of the oceans recycle all pollutants. The purpose of the article is to determine the features of regional cooperation in the field of protection of the world's ocean ecosystem from pollution. The article analyzes the main provisions and principles that contribute to the sustainable management and development of the oceans at the regional level. It was found that, in accordance with the provisions of the UN Convention on the Law of the Sea (1982), all states are interested in working closely to ensure the conservation and protection of the oceans at all levels, both global and regional. At the same time, the importance of regional conventions on the protection of the waters and living resources of individual seas from pollution, which complement, develop and strengthen global agreements, is emphasized.

NATIONAL POLICE UNITS AS SUBJECTS IN THE FIELD OF PREVENTION OF DOMESTIC VIOLENCE (ON THE EXAMPLE OF THE ACTIVITIES OF DISTRICT POLICE

Olena Dmytrashchuk

Postgraduate Student
National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0002-4545-9101

Anotation. The purpose of the article is to find out the main powers and responsibilities of police units (for example, district officers) in the field of prevention of domestic violence, in accordance with the legislative requirements, as well as their role in the “family” suffered from domestic violence, as the subject of prevention to solve the problem. The work researches the activities of district officers as subjects of implementing the policy of prevention and counteraction of domestic violence in accordance with the Law of Ukraine “On Prevention and Combating Domestic Violence”. The main tasks, directions of work and peculiarities of organization of activity are singled out. The problem of interaction of district officers with the population on the basis of partnership is investigated, social factors of the origin of domestic violence in Ukrainian families are considered, as well as the problem of attracting offenders to responsibility, its application in practice and the assumption of gaps in the legal norms of Ukrainian legislation.
Keywords: The purpose of the article is to find out the main powers and responsibilities of police units (for example, district officers) in the field of prevention of domestic violence, in accordance with the legislative requirements, as well as their role in the “family” suffered from domestic violence, as the subject of prevention to solve the problem. The work researches the activities of district officers as subjects of implementing the policy of prevention and counteraction of domestic violence in accordance with the Law of Ukraine “On Prevention and Combating Domestic Violence”. The main tasks, directions of work and peculiarities of organization of activity are singled out. The problem of interaction of district officers with the population on the basis of partnership is investigated, social factors of the origin of domestic violence in Ukrainian families are considered, as well as the problem of attracting offenders to responsibility, its application in practice and the assumption of gaps in the legal norms of Ukrainian legislation.

SUBJECTIVE PARTY OF OCCUPANCY OF DOCUMENTS, STAMPS, SEALS BY ABUSE OF A PERSON BY OFFICIAL POSITION

Volodymyr Zhelizniak

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-1183-4348

Anotation. The article proves that the subjective side of taking documents, stamps, seals by abusing one's official position is characterized by guilt in the form of intent and criminally illegal motives (selfish or other personal). It is established that the type of intent of such a criminal offense is usually direct. Indirect is allowed only if the actions of the perpetrator caused a violation of the enterprise, institution or organization (a crime under Part 2 of Article 357 of the Criminal Code of Ukraine). It is emphasized that to bring Art. 357 of the Criminal Code of Ukraine in accordance with the provisions of the Law of Ukraine “On Prevention of Corruption”, it is appropriate to provide for a criminal offense in the form of possession of documents, stamps, seals by abusing his official position such a subjective feature as a criminal purpose in the form of illegal gain.
Keywords: The article proves that the subjective side of taking documents, stamps, seals by abusing one's official position is characterized by guilt in the form of intent and criminally illegal motives (selfish or other personal). It is established that the type of intent of such a criminal offense is usually direct. Indirect is allowed only if the actions of the perpetrator caused a violation of the enterprise, institution or organization (a crime under Part 2 of Article 357 of the Criminal Code of Ukraine). It is emphasized that to bring Art. 357 of the Criminal Code of Ukraine in accordance with the provisions of the Law of Ukraine “On Prevention of Corruption”, it is appropriate to provide for a criminal offense in the form of possession of documents, stamps, seals by abusing his official position such a subjective feature as a criminal purpose in the form of illegal gain.

DEVELOPMENT OF IDEAS ABOUT THE INFORMATION SOCIETY (HISTORICAL AND LEGAL ANALYSIS)

Anatoly Zaikin

Judge
Odessa Court of Appeal (Odessa, Ukraine)

ORCID ID: 0000-0003-3028-2064

Anotation. The article describes the views of domestic and foreign legal scholars of different historical periods to determine the essence of the information society. It is noted that according to scientists, the main stages of development of the world information circulation are: the Neolithic revolution, the iron revolution, the emergence of writing, the invention of printing; appearance of the telegraph, telephone, radio and television; advent of electronic computers, the creation of the Internet. The study examines domestic and foreign scientific interpretations of the term “information society”. It is noted that the information society is considered using the methodology of different sciences (philosophy, political science, sociology, public administration, jurisprudence), different criteria are chosen to analyze the processes occurring with information, and researchers try to find not so much the real cause of postindustrial society, knowledge, how much they argue for the right to be called the leaders of a particular theory of the information society and to offer their author's definition of a category of information society.
Keywords: The article describes the views of domestic and foreign legal scholars of different historical periods to determine the essence of the information society. It is noted that according to scientists, the main stages of development of the world information circulation are: the Neolithic revolution, the iron revolution, the emergence of writing, the invention of printing; appearance of the telegraph, telephone, radio and television; advent of electronic computers, the creation of the Internet. The study examines domestic and foreign scientific interpretations of the term “information society”. It is noted that the information society is considered using the methodology of different sciences (philosophy, political science, sociology, public administration, jurisprudence), different criteria are chosen to analyze the processes occurring with information, and researchers try to find not so much the real cause of postindustrial society, knowledge, how much they argue for the right to be called the leaders of a particular theory of the information society and to offer their author's definition of a category of information society.

TRENDS IN THE CONSTITUTIONALIZATION OF THE INSTITUTION PROSECUTOR'S OFFICE OF UKRAINE IN THE POST-SOVIET PERIOD

Serhii Ionushas

People's Deputy of the Verkhovna Rada of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0002-0217-0682

Anotation. The article is devoted to the genesis of the prosecutor's office in the context of the constitutional development of Ukraine in the period from Ukraine's independence to the adoption of the Constitution of Ukraine in 1996. The analysis of political and legal documents, draft legislative acts, regulatory framework of the Institute of the Prosecutor's Office of Ukraine in the context of constitutional development is carried out. Emphasis is placed on methodological and conceptual contradictions in determining the constitutional and legal status of the prosecutor's office. It is determined that the post-Soviet period of constitutionalization of the institution of the prosecutor's office testified to the constitutional significance of the prosecutor's office, and at the same time a certain contradiction of its model in connection with the institutions of the constitutional order. This period was characterized by differences in the legal status of the prosecutor's office, defined in the Constitution of Ukraine (1978), the Constitutional Treaty between the Verkhovna Rada of Ukraine and the President of Ukraine on the basic principles of organization and functioning of state power and local self-government in Ukraine. 1995) and the Law of Ukraine "On the Prosecutor's Office" (1991). The constitutionalization of the prosecutor's office took place against the background of discussions about the social purpose of this institution, the constitutional nature of prosecutorial oversight, the place and role of the prosecutor's office in the separation of powers, due to a variety of views on the social essence (model).
Keywords: The article is devoted to the genesis of the prosecutor's office in the context of the constitutional development of Ukraine in the period from Ukraine's independence to the adoption of the Constitution of Ukraine in 1996. The analysis of political and legal documents, draft legislative acts, regulatory framework of the Institute of the Prosecutor's Office of Ukraine in the context of constitutional development is carried out. Emphasis is placed on methodological and conceptual contradictions in determining the constitutional and legal status of the prosecutor's office. It is determined that the post-Soviet period of constitutionalization of the institution of the prosecutor's office testified to the constitutional significance of the prosecutor's office, and at the same time a certain contradiction of its model in connection with the institutions of the constitutional order. This period was characterized by differences in the legal status of the prosecutor's office, defined in the Constitution of Ukraine (1978), the Constitutional Treaty between the Verkhovna Rada of Ukraine and the President of Ukraine on the basic principles of organization and functioning of state power and local self-government in Ukraine. 1995) and the Law of Ukraine "On the Prosecutor's Office" (1991). The constitutionalization of the prosecutor's office took place against the background of discussions about the social purpose of this institution, the constitutional nature of prosecutorial oversight, the place and role of the prosecutor's office in the separation of powers, due to a variety of views on the social essence (model).

FEATURES OF CRIMINAL LEGAL PROTECTION OF CULTURAL VALUES IN UKRAINE

Volodymyr Kachmar

Postgraduate Student
National Academy of Management (Kyiv, Ukraine)

ORCID ID: 0000-0003-4026-7642

Anotation. This article analyzes the general trends of criminal legal protection of cultural values in Ukraine, shows the characteristics of the characteristics of cultural values in the field of criminal encroachments and the definition of modern characteristic criminal law signs of the criminal law danger of crimes in this area. It is determined in the article that the main reasons that determine the scale of crimes in this area must be recognized, first of all, the possibility of obtaining super-profits, since illegal operations with antiques and art are one of the first in the world among crimes of an international nature in terms of income in general. The main trend in the field of crimes with cultural property is not only the quantitative increase in the smuggling of cultural property, but also changes in the very structure of this criminal business, in particular its internationalization and the complex structure of crimes.
Keywords: This article analyzes the general trends of criminal legal protection of cultural values in Ukraine, shows the characteristics of the characteristics of cultural values in the field of criminal encroachments and the definition of modern characteristic criminal law signs of the criminal law danger of crimes in this area. It is determined in the article that the main reasons that determine the scale of crimes in this area must be recognized, first of all, the possibility of obtaining super-profits, since illegal operations with antiques and art are one of the first in the world among crimes of an international nature in terms of income in general. The main trend in the field of crimes with cultural property is not only the quantitative increase in the smuggling of cultural property, but also changes in the very structure of this criminal business, in particular its internationalization and the complex structure of crimes.

CRIMINAL CHARACTERISTICS OF CRIMINAL OFFENSES COMMITTED BY JUVENILES

Anna Kashpur

Postgraduate Doctoral Degree Seeker at the Department of Forensic Science and Medicine
National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0002-8513-6980

Anotation. Investigative practice shows that minors are most often prosecuted for hooliganism, theft, criminal offenses related to drug trafficking, etc. The nature of the committed criminal offense affects the manner of implementation of illegal actions. Criminal offenses committed by minors are usually not characterized by prior preparation or taking measures to conceal traces. In the case of a criminal offense by a group of minors, there are separate preparatory activities (distribution of tasks; search for tools and means, etc.). The choice of the method of committing a criminal offense is influenced by objective (external) and subjective (internal) factors. Objective factors are determined by the conditions under which a criminal offense is committed, which affects the choice of methods, means, methods of illegal activity. Internal conditions that determine the manner of committing a criminal offense depend on the personality of the offender: his character, temperament, attitude to social and moral values of society, psychological characteristics. Therefore, the method of committing a criminal offense depends on its subject. If the offender is a minor, this circumstance determines the content of all elements of the forensic characteristics.
Keywords: Investigative practice shows that minors are most often prosecuted for hooliganism, theft, criminal offenses related to drug trafficking, etc. The nature of the committed criminal offense affects the manner of implementation of illegal actions. Criminal offenses committed by minors are usually not characterized by prior preparation or taking measures to conceal traces. In the case of a criminal offense by a group of minors, there are separate preparatory activities (distribution of tasks; search for tools and means, etc.). The choice of the method of committing a criminal offense is influenced by objective (external) and subjective (internal) factors. Objective factors are determined by the conditions under which a criminal offense is committed, which affects the choice of methods, means, methods of illegal activity. Internal conditions that determine the manner of committing a criminal offense depend on the personality of the offender: his character, temperament, attitude to social and moral values of society, psychological characteristics. Therefore, the method of committing a criminal offense depends on its subject. If the offender is a minor, this circumstance determines the content of all elements of the forensic characteristics.

TYPES OF INTERACTION OF GOVERNMENT BODIES AND INSTITUTIONS OF CIVIL SOCIETY IN THE PROCESS IMPLEMENTATION OF REFORMS

Viktoriia Kinzburska

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

ORCID ID: 0000-0002-3230-9454

Anotation. Interaction between the population and the authorities is now a cornerstone in building modern democracies. It is impossible to imagine a country that would conform to democratic principles, where the authorities do not interact with the population or public institutions. This kind of interaction is crucial in building both a democratic state and civil society. Modern reform reforms in the vast majority of countries require the formation of new mechanisms for implementation and providing opportunities for cooperation. Modern public administration, both at the national and local levels, must be based on the needs of the public and respond to the problems faced by the public. Scientific research on the interaction of public institutions and government agencies is relevant at any time. However, the current reformist state of sociopolitical relations requires the attribution of this topic to the most important topics, including in terms of theoretical understanding and analysis.
Keywords: Interaction between the population and the authorities is now a cornerstone in building modern democracies. It is impossible to imagine a country that would conform to democratic principles, where the authorities do not interact with the population or public institutions. This kind of interaction is crucial in building both a democratic state and civil society. Modern reform reforms in the vast majority of countries require the formation of new mechanisms for implementation and providing opportunities for cooperation. Modern public administration, both at the national and local levels, must be based on the needs of the public and respond to the problems faced by the public. Scientific research on the interaction of public institutions and government agencies is relevant at any time. However, the current reformist state of sociopolitical relations requires the attribution of this topic to the most important topics, including in terms of theoretical understanding and analysis.

ADMINISTRATIVE SERVICE AS A SUBJECT OF ACTIVITY OF SERVICE CENTERS OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

Alexander Knyazyuk

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-3292-9717

Anotation. In the article, the administrative service is considered as the subject of activity of the service centers of the Ministry of Internal Affairs of Ukraine. As a result, the author focuses on the fact that the dual legal nature of the concept of “public service as a subject of activity of the service centers of the Ministry of Internal Affairs of Ukraine” is that the provision of relevant services is not limited only to the procedural aspects of its provision (receipt), but also directly relates to issues of internal organization of the activities of the service centers of the Ministry of Internal Affairs of Ukraine, which, as a result, ensures the direct embodiment of procedural activity in the provision of administrative services. It is proposed to consider the subject of activity of the service centers of the Ministry of Internal Affairs in the global dimension as having broad significance, that is, it covers all, without exception, the areas of activity of these entities. Based on this approach, the following definition of the concept of “public service as a subject of activity of service centers of the Ministry of Internal Affairs of Ukraine” was formulated as a complex legal category with a dualistic nature, used to designate the socially useful activities of specialized subjects, which is carried out in order to realize the rights, freedoms and legitimate interests of physical and legal entities by introducing the result of the authority of the service centers of the Ministry of Internal Affairs of Ukraine and ensuring the conditions necessary for the implementation of procedures for the provision of such services.
Keywords: In the article, the administrative service is considered as the subject of activity of the service centers of the Ministry of Internal Affairs of Ukraine. As a result, the author focuses on the fact that the dual legal nature of the concept of “public service as a subject of activity of the service centers of the Ministry of Internal Affairs of Ukraine” is that the provision of relevant services is not limited only to the procedural aspects of its provision (receipt), but also directly relates to issues of internal organization of the activities of the service centers of the Ministry of Internal Affairs of Ukraine, which, as a result, ensures the direct embodiment of procedural activity in the provision of administrative services. It is proposed to consider the subject of activity of the service centers of the Ministry of Internal Affairs in the global dimension as having broad significance, that is, it covers all, without exception, the areas of activity of these entities. Based on this approach, the following definition of the concept of “public service as a subject of activity of service centers of the Ministry of Internal Affairs of Ukraine” was formulated as a complex legal category with a dualistic nature, used to designate the socially useful activities of specialized subjects, which is carried out in order to realize the rights, freedoms and legitimate interests of physical and legal entities by introducing the result of the authority of the service centers of the Ministry of Internal Affairs of Ukraine and ensuring the conditions necessary for the implementation of procedures for the provision of such services.

STATE REGISTRATION OF INDIVIDUAL ENTREPRENEURS AS AN ADMINISTRATIVE PROCEDURE

Alexander Kolotilov

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-3292-9717

Anotation. The article is devoted to the research of the institute of state registration of business entities and determination of its branch affiliation. The concept of “state registration” in the reference literature, legal doctrine and legislation of Ukraine is analyzed. It is concluded that the analyzed concept, although not characterized by the views of scientists, but in its definition the main feature is the official recognition of the legality of certain facts, the emergence or termination of rights and obligations, consolidating the legal status of a natural or legal person. It is emphasized that the state registration of business entities is an important element of administrative and legal regulation of entrepreneurial activity, which combines the interdependent features of the legal method, legal form and administrative procedure. As a legal method, state registration is the recognition by the state of the fact of occurrence of a business entity, termination of its activity or change of legal status with simultaneous written fixation of such fact in the Unified State Register. As a legal form, state registration is manifested in the administrative act of the registration body, by means of which the relevant entry about a natural or legal person is made in the state register.
Keywords: The article is devoted to the research of the institute of state registration of business entities and determination of its branch affiliation. The concept of “state registration” in the reference literature, legal doctrine and legislation of Ukraine is analyzed. It is concluded that the analyzed concept, although not characterized by the views of scientists, but in its definition the main feature is the official recognition of the legality of certain facts, the emergence or termination of rights and obligations, consolidating the legal status of a natural or legal person. It is emphasized that the state registration of business entities is an important element of administrative and legal regulation of entrepreneurial activity, which combines the interdependent features of the legal method, legal form and administrative procedure. As a legal method, state registration is the recognition by the state of the fact of occurrence of a business entity, termination of its activity or change of legal status with simultaneous written fixation of such fact in the Unified State Register. As a legal form, state registration is manifested in the administrative act of the registration body, by means of which the relevant entry about a natural or legal person is made in the state register.

PRACTICE OF APPLICATION BY ADMINISTRATIVE COURTS OF LEGISLATION IN CASES OF APPEALS OF DECISIONS, ACTIONS OR INACTION OF STATE EXECUTOR

Vita Kononets

Candidate of Law, Associate Professor, Associate Professor at the Department of Administrative Law, Process and Administrative Activities
Dnipropetrovsk State University of Internal Affairs (Dnipro, Ukraine)

ORCID ID: 0000-0003-4433-3731

Anotation. The article is devoted to the study of administrative and legal support of enforcement of court decisions, through the prism of the practice of application by administrative courts of legislation in cases of appeal against decisions, actions or inaction of the state executive service. The reforms taking place in Ukrainian society have prompted people to be active, and people seek to be directly involved in addressing issues of common interest, in particular the enforcement of court rulings. However, despite the importance of such political rights, existing laws still do not adequately protect the rights of citizens to a fair trial and enforcement. These provisions are often limited or even violated. It is necessary to conduct a comprehensive study of the order of execution of court decisions as a kind of court decision; further development of the expediency of the theory of judicial decision in modern administrative procedures; taking into account the latest achievements of science, administrative and procedural legislation needs to be revised; understand the essence and content of legal relations at the stage of execution of decisions; Ukraine's passive enforcement has led to the case law of the European Court of Human Rights, which defines three main aspects of enforcement: if a court decision indicates the right to enforce a court decision, it is illusory and effective; with a detailed definition of the procedural guarantees provided by the parties for a fair trial, this will not ensure the protection of the execution of the judgment; any enforcement of a judgment should be considered as part of a “trial”.
Keywords: The article is devoted to the study of administrative and legal support of enforcement of court decisions, through the prism of the practice of application by administrative courts of legislation in cases of appeal against decisions, actions or inaction of the state executive service. The reforms taking place in Ukrainian society have prompted people to be active, and people seek to be directly involved in addressing issues of common interest, in particular the enforcement of court rulings. However, despite the importance of such political rights, existing laws still do not adequately protect the rights of citizens to a fair trial and enforcement. These provisions are often limited or even violated. It is necessary to conduct a comprehensive study of the order of execution of court decisions as a kind of court decision; further development of the expediency of the theory of judicial decision in modern administrative procedures; taking into account the latest achievements of science, administrative and procedural legislation needs to be revised; understand the essence and content of legal relations at the stage of execution of decisions; Ukraine's passive enforcement has led to the case law of the European Court of Human Rights, which defines three main aspects of enforcement: if a court decision indicates the right to enforce a court decision, it is illusory and effective; with a detailed definition of the procedural guarantees provided by the parties for a fair trial, this will not ensure the protection of the execution of the judgment; any enforcement of a judgment should be considered as part of a “trial”.

ADMINISTRATIVE NATURE OF QUALIFICATION EVALUATION OF JUDGES IN UKRAINE

Elena Kuzmishina

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-6644-6625

Anotation. The purpose of the article is to determine and analyze the administrative nature of qualification assessment of judges in Ukraine on the basis of current legislation in the field of judges in Ukraine, the position of practitioners and scholars of administrative law, statistical activities of judicial authorities. The article reveals the essence of qualification assessment of judges in Ukraine. It is concluded that the administrative nature of qualification assessment of judges in Ukraine is expressed through the tasks and principles of qualification assessment, legally guaranteed criteria for a judge (candidate), the legal status of judicial governance and procedures and tools for qualification assessment. The general administrative nature of the qualification assessment of judges in Ukraine is to establish and implement a public-law process of vetting a judge (candidate) on the criteria of integrity, competence and professional ethics, conducted by the judiciary in compliance with legal procedure and organizational methodology.
Keywords: The purpose of the article is to determine and analyze the administrative nature of qualification assessment of judges in Ukraine on the basis of current legislation in the field of judges in Ukraine, the position of practitioners and scholars of administrative law, statistical activities of judicial authorities. The article reveals the essence of qualification assessment of judges in Ukraine. It is concluded that the administrative nature of qualification assessment of judges in Ukraine is expressed through the tasks and principles of qualification assessment, legally guaranteed criteria for a judge (candidate), the legal status of judicial governance and procedures and tools for qualification assessment. The general administrative nature of the qualification assessment of judges in Ukraine is to establish and implement a public-law process of vetting a judge (candidate) on the criteria of integrity, competence and professional ethics, conducted by the judiciary in compliance with legal procedure and organizational methodology.

THE CONCEPT AND ESSENCE OF APPEALING RESOLUTIONS ON IMPOSITION OF ADMINISTRATIVE PENALTIES IN COURTS OF GENERAL JURISDICTION IN UKRAINE

Tatiana Kuskova

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0003-0934-0645

Anotation. The relevance of the article is that Ukraine is a legal, democratic and social state, respectively, provided in the legal system of our state, an important role belongs to administrative responsibility as the leading means of administrative coercion used to ensure the rights and freedoms of citizens, the constitutional order of Ukraine, law and order. in particular road safety, property rights, crime prevention, respect for the rights, honor and dignity of other citizens, the rules of coexistence, conscientious performance of their duties, responsibility to society. The article reveals and generalizes that the essence of appealing against decisions on imposing administrative penalties in courts of general jurisdiction is the administration of justice by the court of first and appellate instances, when the common will (common law) must compensate for the subjective will of the subject of the administrative offense. its objective fair verification. It was found that the decision on the simultaneous imposition of the main and additional administrative penalties can be appealed at the choice of the person against whom it was imposed, or the victim in the manner prescribed for appealing the main or additional penalties.
Keywords: The relevance of the article is that Ukraine is a legal, democratic and social state, respectively, provided in the legal system of our state, an important role belongs to administrative responsibility as the leading means of administrative coercion used to ensure the rights and freedoms of citizens, the constitutional order of Ukraine, law and order. in particular road safety, property rights, crime prevention, respect for the rights, honor and dignity of other citizens, the rules of coexistence, conscientious performance of their duties, responsibility to society. The article reveals and generalizes that the essence of appealing against decisions on imposing administrative penalties in courts of general jurisdiction is the administration of justice by the court of first and appellate instances, when the common will (common law) must compensate for the subjective will of the subject of the administrative offense. its objective fair verification. It was found that the decision on the simultaneous imposition of the main and additional administrative penalties can be appealed at the choice of the person against whom it was imposed, or the victim in the manner prescribed for appealing the main or additional penalties.

FINANCIAL SECURITY OF THE STATE AS AN OBJECT ADMINISTRATIVE AND LEGAL REGULATION

Vadim Luh

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0001-8285-7312

Anotation. The article is devoted to the study of the essence of the concept of “financial security of the state”. It is emphasized that the need for substantial renewal of administrative and legal regulation in the field of financial security of Ukraine is associated not only with the requirements of society, but also with the need to update public administration in the context of constitutional requirements and principles according to which national security is one of the priorities. public policy, and ensuring economic security is the most important function of the state. The meaning of the terms “security”, “security of the state”, “national security” is analyzed and it is concluded that, despite the diversity of the author's definitions of the term “national security”, most of them are based on such category as “protection of vital interests” and is a qualifying feature. Based on the analysis of scientific sources and legislation of Ukraine, it is determined that the financial security of the state is a component of economic security and an element of national security and can be considered in a narrow and broad sense.
Keywords: The article is devoted to the study of the essence of the concept of “financial security of the state”. It is emphasized that the need for substantial renewal of administrative and legal regulation in the field of financial security of Ukraine is associated not only with the requirements of society, but also with the need to update public administration in the context of constitutional requirements and principles according to which national security is one of the priorities. public policy, and ensuring economic security is the most important function of the state. The meaning of the terms “security”, “security of the state”, “national security” is analyzed and it is concluded that, despite the diversity of the author's definitions of the term “national security”, most of them are based on such category as “protection of vital interests” and is a qualifying feature. Based on the analysis of scientific sources and legislation of Ukraine, it is determined that the financial security of the state is a component of economic security and an element of national security and can be considered in a narrow and broad sense.

DISCIPLINARY RESPONSIBILITY OF STATE INVESTIGATION BUREAU EMPLOYEES: RELATIONSHIP WITH OTHER TYPES OF LEGAL RESPONSIBILITY

Andriy Maksymovych

Postgraduate Student at the Scientific Laboratory on Preventive Problems Activities and Prevention of Corruption
National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0002-0279-2991

Anotation. The article analyzes the scientific and regulatory provisions relating to disciplinary liability of employees of the State Bureau of Investigation, in particular, a comparative analysis of disciplinary liability of employees of the State Bureau of Investigation with other types of legal liability, which allowed to analyze the legal nature and characteristics of this type the grounds on which it should be distinguished from other types of legal liability in order to eliminate possible manifestations of “mixing” or their unjustified identification. As a result of the study of the relationship between disciplinary liability of employees of the State Bureau of Investigation and other types of legal liability (administrative, criminal, civil), an opinion was made on the independent, special, specific nature of disciplinary liability of employees of the State Bureau of Investigation the ability to distinguish between types of liability. A number of features of disciplinary liability of employees of the State Bureau of Investigation have been formulated, which distinguish it from other types of legal liability.
Keywords: The article analyzes the scientific and regulatory provisions relating to disciplinary liability of employees of the State Bureau of Investigation, in particular, a comparative analysis of disciplinary liability of employees of the State Bureau of Investigation with other types of legal liability, which allowed to analyze the legal nature and characteristics of this type the grounds on which it should be distinguished from other types of legal liability in order to eliminate possible manifestations of “mixing” or their unjustified identification. As a result of the study of the relationship between disciplinary liability of employees of the State Bureau of Investigation and other types of legal liability (administrative, criminal, civil), an opinion was made on the independent, special, specific nature of disciplinary liability of employees of the State Bureau of Investigation the ability to distinguish between types of liability. A number of features of disciplinary liability of employees of the State Bureau of Investigation have been formulated, which distinguish it from other types of legal liability.

FEATURES OF THE MODERN SUPPLY CONTRACT

Yulia Mamchenko

Applicant
Interregional Academy Personnel Management (Kyiv, Ukraine)

ORCID ID: 0000-0003-1589-9728

Anotation. The relevance of the article is that the supply contract is one of the types of contracts governing the obligation to transfer property. This explains the widespread use of the supply contract in property turnover. Current legislation defines the content of the supply contract in different ways. Thus, the Civil Code of Ukraine considers it as a type of contract of sale. Instead, the Commercial Code of Ukraine considers supply as a separate independent type of contract, which is the main form of logistics and marketing of industrial and technical products and consumer goods, both own production and purchased from other businesses. It is determined that the contract of contracting of agricultural products has the following features: specific subject – agricultural products, features of the subject composition, features of the content of the contract (imposition of specific obligations on the parties). Allocation to a separate group of contracts concluded on the basis of a state order is possible by such criteria as the peculiarities of the conclusion of the contract, the peculiarities of the subject composition. Thus, the analysis of theory, legislation and practice allows us to define the supply contract as an agreement of economic entities under which one party (supplier) transfers ownership of the other party (buyer) for use in business or other purposes, not related to personal, family, home or other similar use, the other party undertakes to accept and pay for such goods.
Keywords: The relevance of the article is that the supply contract is one of the types of contracts governing the obligation to transfer property. This explains the widespread use of the supply contract in property turnover. Current legislation defines the content of the supply contract in different ways. Thus, the Civil Code of Ukraine considers it as a type of contract of sale. Instead, the Commercial Code of Ukraine considers supply as a separate independent type of contract, which is the main form of logistics and marketing of industrial and technical products and consumer goods, both own production and purchased from other businesses. It is determined that the contract of contracting of agricultural products has the following features: specific subject – agricultural products, features of the subject composition, features of the content of the contract (imposition of specific obligations on the parties). Allocation to a separate group of contracts concluded on the basis of a state order is possible by such criteria as the peculiarities of the conclusion of the contract, the peculiarities of the subject composition. Thus, the analysis of theory, legislation and practice allows us to define the supply contract as an agreement of economic entities under which one party (supplier) transfers ownership of the other party (buyer) for use in business or other purposes, not related to personal, family, home or other similar use, the other party undertakes to accept and pay for such goods.

THE CONCEPT AND CONTENT OF ADMINISTRATIVE AND LEGAL ENFORCEMENT OF RIGHTS AND FREEDOMS OF MAN AND CITIZEN IN CONDITIONS OF ARMED CONFLICTS IN UKRAINE

Olena Makhmurova-Dyshliuk

Candidate of Law, Postgraduate Student
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-0969-8797

Anotation. The relevance of the article is that a person's life, health, honor and dignity are recognized by the state of Ukraine as the highest value. At the same time and in conditions of war, armed conflicts and ordinary states, these natural virtues also can not be violated. These rights and freedoms are natural and not negative. Moreover, the state of Ukraine is obliged to ensure the rights and freedoms of its citizens in the occupied territories by political and diplomatic means and with the help of military intelligence. Practically it can be argued that all citizens of Ukraine to some extent, directly or indirectly are affected by the armed conflict after the attack on our land by Russian terrorist forces, and solving their problems largely falls on the shoulders of various public administration entities that carry out their activity on the basis of norms of administrative law. The article forms the concept and reveals the content, administrative and legal support of human rights in the context of the armed conflict in Ukraine.
Keywords: The relevance of the article is that a person's life, health, honor and dignity are recognized by the state of Ukraine as the highest value. At the same time and in conditions of war, armed conflicts and ordinary states, these natural virtues also can not be violated. These rights and freedoms are natural and not negative. Moreover, the state of Ukraine is obliged to ensure the rights and freedoms of its citizens in the occupied territories by political and diplomatic means and with the help of military intelligence. Practically it can be argued that all citizens of Ukraine to some extent, directly or indirectly are affected by the armed conflict after the attack on our land by Russian terrorist forces, and solving their problems largely falls on the shoulders of various public administration entities that carry out their activity on the basis of norms of administrative law. The article forms the concept and reveals the content, administrative and legal support of human rights in the context of the armed conflict in Ukraine.

MAIN DIRECTIONS OF ADMINISTRATIVE AND LEGAL REGULATION OF THE ACTIVITY OF THE SUPREME ANTI-CORRUPTION COURT

Yaroslav Nikityuk

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

ORCID ID: 0000-0002-8367-8516

Anotation. The preconditions and necessity of making changes and additions to the Law of Ukraine “On the Supreme Anti-Corruption Court” are studied. The content of such areas of administrative and legal regulation of the Supreme Anti-Corruption Court as the organization of activities, ensuring the administration of justice, combating corruption, ensuring independence, staffing, information support, record keeping, accounting and statistical work, providing access, labor regulations , service discipline, financial, resource, logistical and other support. The problems that exist in the field of administrative and legal regulation of the Supreme Anti-Corruption Court are identified and the solution of which is a necessary prerequisite for its further successful development. It is concluded that the process of administrative and legal settlement of problematic issues that arise in the process of functioning of the Supreme Anti-Corruption Court is unreasonable.
Keywords: The preconditions and necessity of making changes and additions to the Law of Ukraine “On the Supreme Anti-Corruption Court” are studied. The content of such areas of administrative and legal regulation of the Supreme Anti-Corruption Court as the organization of activities, ensuring the administration of justice, combating corruption, ensuring independence, staffing, information support, record keeping, accounting and statistical work, providing access, labor regulations , service discipline, financial, resource, logistical and other support. The problems that exist in the field of administrative and legal regulation of the Supreme Anti-Corruption Court are identified and the solution of which is a necessary prerequisite for its further successful development. It is concluded that the process of administrative and legal settlement of problematic issues that arise in the process of functioning of the Supreme Anti-Corruption Court is unreasonable.

FEATURES OF THE TEMPORARY SUSPENSION OF JUDGES FROM JUSTICE: FOREIGN EXPERIENCE

Marianna Orlova

Assistant Judge
Pechersk District Court (Kyiv, Ukraine)

ORCID ID: 0000-0002-9535-7533

Anotation. The article examines the features of the temporary suspension of a judge from justice: foreign experience. The essence of the temporary suspension of a judge from justice in Germany, France, Portugal and Lithuania has been determined. The legislative features of determining the temporary suspension of a judge from justice are noted. It is concluded that the Ukrainian legislation reflects the worldwide tendency to remove judges in connection with criminal prosecution. It was emphasized that the decision to remove magistrates, in the understanding of judges, was attributed to the powers of a non-judicial body. In this case, the procedure of removal of a judge, which is used as a sanction, is carried out within the disciplinary proceedings, it is common to the application of all types of disciplinary sanctions. It is determined that judges can be held subject to various types of legal liability: disciplinary, civil, criminal and administrative. At the same time, bringing judges to civil, criminal or administrative responsibility is quite rare and is used in extremely severe cases. And bringing judges to disciplinary responsibility is precisely the mechanism of control that allows the most effective and efficient response to their violations.
Keywords: The article examines the features of the temporary suspension of a judge from justice: foreign experience. The essence of the temporary suspension of a judge from justice in Germany, France, Portugal and Lithuania has been determined. The legislative features of determining the temporary suspension of a judge from justice are noted. It is concluded that the Ukrainian legislation reflects the worldwide tendency to remove judges in connection with criminal prosecution. It was emphasized that the decision to remove magistrates, in the understanding of judges, was attributed to the powers of a non-judicial body. In this case, the procedure of removal of a judge, which is used as a sanction, is carried out within the disciplinary proceedings, it is common to the application of all types of disciplinary sanctions. It is determined that judges can be held subject to various types of legal liability: disciplinary, civil, criminal and administrative. At the same time, bringing judges to civil, criminal or administrative responsibility is quite rare and is used in extremely severe cases. And bringing judges to disciplinary responsibility is precisely the mechanism of control that allows the most effective and efficient response to their violations.

REGULATORY AND LEGAL SUPPORT OF ADMINISTRATIVE ACTIVITY OF THE STATE MIGRATION SERVICE OF UKRAINE

Vladimir Repelo

Adjunct
Dnipropetrovsk State University of Internal Affairs (Dnipro, Ukraine)

ORCID ID: 0000-0002-7610-3319

Anotation. The article defines the legal framework, the rules of which determine the basics of the State Migration Service of Ukraine. It is noted that the State Migration Service of Ukraine is the central body of executive power and, accordingly, its activities are regulated by regulations relating to the activities of public authorities. Indicated. Regulations can be classified according to their status (Constitution, laws, by-laws) or according to acts that determine the general status of the service and in accordance with the areas of activity (combating illegal immigration, termination and acquisition of citizenship, registration of residence and social protection homeless persons and homeless children, state policy on foreigners and stateless persons, refugees and persons in need of additional or temporary protection, bringing offenders to administrative responsibility).
Keywords: The article defines the legal framework, the rules of which determine the basics of the State Migration Service of Ukraine. It is noted that the State Migration Service of Ukraine is the central body of executive power and, accordingly, its activities are regulated by regulations relating to the activities of public authorities. Indicated. Regulations can be classified according to their status (Constitution, laws, by-laws) or according to acts that determine the general status of the service and in accordance with the areas of activity (combating illegal immigration, termination and acquisition of citizenship, registration of residence and social protection homeless persons and homeless children, state policy on foreigners and stateless persons, refugees and persons in need of additional or temporary protection, bringing offenders to administrative responsibility).

RETROSPECTIVE OF COUNTERACTION TO HUMAN TRAFFICKING

Dmytro Rusnak

Postgraduate Student at the Department of Operational Search Activity
National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0001-8388-8786

Anotation. The urgency of the issue of counteraction to human trafficking is confirmed by the fact that such illegal activity destroys the fate of millions of people around the world, and this indicates the need to develop a modern strategy to solve this problem. To do this, it is extremely important to consider the existing experience of combating this evil, acquired at different times at the national and international level. With this in mind, the article aims to highlight the retrospective of counteraction to human trafficking for the further improvement of the organizational and legal framework in this area. The methodological basis of the research is a dialectical approach to the analysis of the situation in Ukraine and the world. In its implementation, a system of methods of scientific knowledge was used, in particular formal logic (abstraction, analogy, deduction, induction, synthesis) for a detailed establishment of the content of the issues under consideration; system analysis method – to determine the directions for the introduction of innovative approaches to solving the problem; theoretical – in the study of scientific and educational literature; modeling – in the study of certain objects by modeling their individual features.
Keywords: The urgency of the issue of counteraction to human trafficking is confirmed by the fact that such illegal activity destroys the fate of millions of people around the world, and this indicates the need to develop a modern strategy to solve this problem. To do this, it is extremely important to consider the existing experience of combating this evil, acquired at different times at the national and international level. With this in mind, the article aims to highlight the retrospective of counteraction to human trafficking for the further improvement of the organizational and legal framework in this area. The methodological basis of the research is a dialectical approach to the analysis of the situation in Ukraine and the world. In its implementation, a system of methods of scientific knowledge was used, in particular formal logic (abstraction, analogy, deduction, induction, synthesis) for a detailed establishment of the content of the issues under consideration; system analysis method – to determine the directions for the introduction of innovative approaches to solving the problem; theoretical – in the study of scientific and educational literature; modeling – in the study of certain objects by modeling their individual features.

PROFESSIONAL TRAINING OF MODERN POLICE OFFICERS IN UKRAINE: STRUCTURE AND EFFICIENCY OF IMPLEMENTATION

Ivan Seredynsky

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-8086-9448

Anotation. The scientific article is devoted to the issue of professional training of modern police officers in Ukraine. The author emphasizes that currently, within the framework of general integration trends, the process of Ukraine’s entry into the space of higher police education is taking place; a new system of police education is being formed in Europe, and Ukraine is becoming a full member of this system. It is also determined that one of the main tasks in this way is to improve the quality of professional education of police officers – heads of police services, study, perception and application of positive pedagogical experience gained by the system of education and training of law enforcement professionals. Emphasis is placed on the fact that recently the professional training of foreign countries is characterized by integrative processes, the desire to jointly solve certain tasks related to the creation of an effective model of police training.
Keywords: The scientific article is devoted to the issue of professional training of modern police officers in Ukraine. The author emphasizes that currently, within the framework of general integration trends, the process of Ukraine’s entry into the space of higher police education is taking place; a new system of police education is being formed in Europe, and Ukraine is becoming a full member of this system. It is also determined that one of the main tasks in this way is to improve the quality of professional education of police officers – heads of police services, study, perception and application of positive pedagogical experience gained by the system of education and training of law enforcement professionals. Emphasis is placed on the fact that recently the professional training of foreign countries is characterized by integrative processes, the desire to jointly solve certain tasks related to the creation of an effective model of police training.

CRIMINAL DESCRIPTION OF THE ILLEGAL POSSESSION OF VEHICLES

Viktoria Siedakova

Adjunct at the Department of Criminal Procedures
National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0003-1966-7912

Anotation. Illegal possession of vehicles poses a significant danger to the public. One of the reasons for that danger is the infringement on traffic safety and operation, and the other is the fact that it undermines one of the key constitutional rights of the individuals and citizens, i.e. the rights to personal property. The public danger of this crime is caused by uncontrolled use of vehicles as sources of potential danger, which often results in other transport crimes. Those crimes are very often committed by individuals who are intoxicated, by those who have no right to drive vehicles or by minors. Those individuals typically unable to drive properly especially under difficult road conditions. Most of the cases of illegal possession of vehicles are organized by criminal groups, with a clear hierarchical structure and distribution of roles with cross-border connections, a high level of specialization and developed logistics.
Keywords: Illegal possession of vehicles poses a significant danger to the public. One of the reasons for that danger is the infringement on traffic safety and operation, and the other is the fact that it undermines one of the key constitutional rights of the individuals and citizens, i.e. the rights to personal property. The public danger of this crime is caused by uncontrolled use of vehicles as sources of potential danger, which often results in other transport crimes. Those crimes are very often committed by individuals who are intoxicated, by those who have no right to drive vehicles or by minors. Those individuals typically unable to drive properly especially under difficult road conditions. Most of the cases of illegal possession of vehicles are organized by criminal groups, with a clear hierarchical structure and distribution of roles with cross-border connections, a high level of specialization and developed logistics.

THE CONCEPT OF PUBLIC ADMINISTRATION OF ELECTRONIC GOVERNMENT OF THE JUDICIARY IN UKRAINE

Alexey Tereshchenko

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-0145-7251

Anotation. The relevance of the article is that today the informatization of society in all spheres of public relations is quite fast, so the judiciary is no exception to this rule. Automation of litigation via the World Wide Web and mobile communications has become commonplace in the UK, so the development and implementation of public e-government administration in Ukraine is a must. The purpose of the article is to reveal the concept of public administration of e-government of the judiciary in Ukraine. The article defines that public administration of e-government of the judiciary in Ukraine is the use by public administration bodies of all means to organize open, comfortable, timely and effective provision of judicial services through the global Internet and mobile communications for interaction between citizens, judicial and other public authorities.
Keywords: The relevance of the article is that today the informatization of society in all spheres of public relations is quite fast, so the judiciary is no exception to this rule. Automation of litigation via the World Wide Web and mobile communications has become commonplace in the UK, so the development and implementation of public e-government administration in Ukraine is a must. The purpose of the article is to reveal the concept of public administration of e-government of the judiciary in Ukraine. The article defines that public administration of e-government of the judiciary in Ukraine is the use by public administration bodies of all means to organize open, comfortable, timely and effective provision of judicial services through the global Internet and mobile communications for interaction between citizens, judicial and other public authorities.

RESTRICTIONS ON THE SECRET OF COMMUNICATION DURING TEMPORARY ACCESS TO ITEMS AND DOCUMENTS

Andriy Tkachyk

Postgraduate Student at the Department of Criminal Procedure and Criminology
Lviv State University of Internal Affairs (Lviv, Ukraine)

ORCID ID: 0000-0001-8525-2378

Anotation. The relevance of the article is that temporary access to things and documents is to provide the party to the criminal proceedings with a person in possession of such things and documents, the opportunity to read those, make copies and seize them (seize them). It was found that the pre-trial investigation authorities receive information about the secrecy of communication between persons, which is in the electronic information system (phone, computer, and tablet) through temporary access to things. Temporary access to things and documents is to provide the party to the criminal proceedings with a person who owns such things and documents, the opportunity to read them, make copies and seize them (to seize them). It is concluded that by temporarily accessing things of documents that are in the operators and providers of telecommunications can only obtain information about the connection, subscriber, provision of telecommunications services, including services, their duration, content, transmission routes, which in its content protected by the secrecy of communication.
Keywords: The relevance of the article is that temporary access to things and documents is to provide the party to the criminal proceedings with a person in possession of such things and documents, the opportunity to read those, make copies and seize them (seize them). It was found that the pre-trial investigation authorities receive information about the secrecy of communication between persons, which is in the electronic information system (phone, computer, and tablet) through temporary access to things. Temporary access to things and documents is to provide the party to the criminal proceedings with a person who owns such things and documents, the opportunity to read them, make copies and seize them (to seize them). It is concluded that by temporarily accessing things of documents that are in the operators and providers of telecommunications can only obtain information about the connection, subscriber, provision of telecommunications services, including services, their duration, content, transmission routes, which in its content protected by the secrecy of communication.

INVESTIGATION OF USER-VIOLENT CRIMINAL OFFENSES AGAINST FOREIGNERS: CIRCUMSTANCES TO BE ESTABLISHED

Ihor Faier

Doctoral Student at the Department of Forensic Science and Medicine
National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0002-3935-5322

Anotation. It was found that at the initial stage of the investigation of mercenary and violent criminal offenses committed against foreigners, the investigator organizes work to clarify the following circumstances: 1) the circumstances that are significant in Art. 91 of the CPC of Ukraine as those subject to proof in each criminal proceeding; 2) circumstances that characterize the event of a criminal offense; 3) circumstances characterizing the identity of the injured foreigner (the state of which the foreigner is a citizen and the country of residence of the foreigner; legal and factual grounds for the foreigner’s stay on the territory of Ukraine; features of the legal status of the injured foreigner); 4) circumstances that characterize the identity of the suspect, including in the case of committing a criminal offense in complicity; 5) circumstances that characterize the mechanism of committing a criminal offense. The initial stage of the investigation of mercenary and violent criminal offenses committed against foreigners requires the solution of problematic issues related to: identification of all persons involved in the criminal chain; high level of training of criminals, action plans in different situations; the need to ensure operational cooperation with other law enforcement agencies of Ukraine, competent authorities of foreign countries, the involvement of Interpol, the application of international cooperation, etc.
Keywords: It was found that at the initial stage of the investigation of mercenary and violent criminal offenses committed against foreigners, the investigator organizes work to clarify the following circumstances: 1) the circumstances that are significant in Art. 91 of the CPC of Ukraine as those subject to proof in each criminal proceeding; 2) circumstances that characterize the event of a criminal offense; 3) circumstances characterizing the identity of the injured foreigner (the state of which the foreigner is a citizen and the country of residence of the foreigner; legal and factual grounds for the foreigner’s stay on the territory of Ukraine; features of the legal status of the injured foreigner); 4) circumstances that characterize the identity of the suspect, including in the case of committing a criminal offense in complicity; 5) circumstances that characterize the mechanism of committing a criminal offense. The initial stage of the investigation of mercenary and violent criminal offenses committed against foreigners requires the solution of problematic issues related to: identification of all persons involved in the criminal chain; high level of training of criminals, action plans in different situations; the need to ensure operational cooperation with other law enforcement agencies of Ukraine, competent authorities of foreign countries, the involvement of Interpol, the application of international cooperation, etc.

CONTENTS OF THE CATEGORY “CRIMINOLOGICAL MONITORING”

Andriy Fomenko

Candidate of Law, Rector
Dnipropetrovsk State University of Internal Affairs (Dnipro, Ukraine)

ORCID ID: 0000-0003-3755-4130

Anotation. The article proposes to understand criminological monitoring in the following sense: a multifaceted phenomenon, which is a method of cognition aimed at optimizing the system of combating and preventing crime by observing, measuring and evaluating certain phenomena or processes (both in terms of research of certain types of criminal offenses) in general, the study of the causes and conditions of crimes and criminal offenses, the identity of the criminal offender, etc.), identifying the nature, trends and patterns in their development and development based on the obtained forecasts and effective response measures. The proposed definition includes the ultimate goal (optimization of the system of combating and preventing crime), the intermediate goal (identifying the nature, trends and patterns of development of certain phenomena or processes), the content of the monitoring process (observation, measurement and evaluation of certain phenomena or processes) and the mechanism objectives (forecasting and response measures), which can be considered part of the monitoring process.
Keywords: The article proposes to understand criminological monitoring in the following sense: a multifaceted phenomenon, which is a method of cognition aimed at optimizing the system of combating and preventing crime by observing, measuring and evaluating certain phenomena or processes (both in terms of research of certain types of criminal offenses) in general, the study of the causes and conditions of crimes and criminal offenses, the identity of the criminal offender, etc.), identifying the nature, trends and patterns in their development and development based on the obtained forecasts and effective response measures. The proposed definition includes the ultimate goal (optimization of the system of combating and preventing crime), the intermediate goal (identifying the nature, trends and patterns of development of certain phenomena or processes), the content of the monitoring process (observation, measurement and evaluation of certain phenomena or processes) and the mechanism objectives (forecasting and response measures), which can be considered part of the monitoring process.

PROCEDURAL STATUS OF SUBJECTS IN APPLICATION TEMPORARY ACCESS TO ITEMS AND DOCUMENTS

Anton Chub

Doctor of Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-6661-4799

Anotation. The modern and previous domestic normative base regulating the order of carrying out of measures of maintenance of criminal proceedings is investigated. A comparative analysis of the views of scholars and domestic criminal procedure legislation on a range of issues related to the procedure for providing temporary access to things and documents at all stages of its application, the status of entities involved in the use of temporary access to things and documents, as measures to ensure criminal proceedings. It is concluded that the science of criminal procedural law has long formed the idea that each participant in criminal proceedings is endowed with procedural status, which excludes procedural rights, duties and responsibilities (elements of procedural status of the person). The presence of these three elements of procedural status makes it possible to assert that a person in a criminal.
Keywords: The modern and previous domestic normative base regulating the order of carrying out of measures of maintenance of criminal proceedings is investigated. A comparative analysis of the views of scholars and domestic criminal procedure legislation on a range of issues related to the procedure for providing temporary access to things and documents at all stages of its application, the status of entities involved in the use of temporary access to things and documents, as measures to ensure criminal proceedings. It is concluded that the science of criminal procedural law has long formed the idea that each participant in criminal proceedings is endowed with procedural status, which excludes procedural rights, duties and responsibilities (elements of procedural status of the person). The presence of these three elements of procedural status makes it possible to assert that a person in a criminal.

CORRUPTION MANIFESTATIONS ACCOMPANIED BY OFFICIALS AND OFFICIALS

Vyta Sharkova

Postgraduate Student at the Department of Financial Security and Financial Investigation
National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0002-9846-9653

Anotation. The relevance of the article is that the modern civil service performs a variety of functions. Today, the public expects a wide range of services from the government and local authorities, as well as other government agencies, such as good roads, comprehensive gas, water and sewerage, new schools, quality health care, safety and the like. Meeting these needs is the main task of public administration and the civil servants involved in this process. Purchasing goods, works and services is a big part of this task. The article examines the manifestations of corruption, accompanied by officials and officials. It is concluded that tangible results in reducing corruption are possible only through an integrated approach, i.e. the balanced use of all methods of counteraction at all stages of the public procurement process. It has been established that corruption in the public procurement system leads to enormous losses in any country, and these losses are not only financial. The author proposes to conditionally divide the losses of the state and society from corrupt acts in the sphere of public procurement into four groups.
Keywords: The relevance of the article is that the modern civil service performs a variety of functions. Today, the public expects a wide range of services from the government and local authorities, as well as other government agencies, such as good roads, comprehensive gas, water and sewerage, new schools, quality health care, safety and the like. Meeting these needs is the main task of public administration and the civil servants involved in this process. Purchasing goods, works and services is a big part of this task. The article examines the manifestations of corruption, accompanied by officials and officials. It is concluded that tangible results in reducing corruption are possible only through an integrated approach, i.e. the balanced use of all methods of counteraction at all stages of the public procurement process. It has been established that corruption in the public procurement system leads to enormous losses in any country, and these losses are not only financial. The author proposes to conditionally divide the losses of the state and society from corrupt acts in the sphere of public procurement into four groups.

TASKS AND FUNCTIONS OF THE ORGANIZATION OF THE JUDICIARY IN UKRAINE

Olha Shcherbliuk

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-9903-9751

Anotation. The article analyzes the current legislation and theoretical developments of various scholars on the concept of tasks and functions of the judiciary in Ukraine. It is determined that the right to a fair trial depends on many factors, one of which is the tasks and functions of the organization of the judiciary in Ukraine. It is noted that a clear definition at the legislative level of the tasks and functions of the judiciary in Ukraine will streamline its structure and interaction of elements that are part of its system to reduce uncertainty and increase the efficiency of resources and time, and in the future will contribute to justice. Bodies and institutions that are called to perform the functions and tasks of the judiciary are: the High Council of Justice, the State Judicial Administration of Ukraine, the High Qualifications Commission of Judges of Ukraine, judicial self-government, the court staff, the National School of Judges of Ukraine, other public authorities and local governments participate in the organizational support of the courts.
Keywords: The article analyzes the current legislation and theoretical developments of various scholars on the concept of tasks and functions of the judiciary in Ukraine. It is determined that the right to a fair trial depends on many factors, one of which is the tasks and functions of the organization of the judiciary in Ukraine. It is noted that a clear definition at the legislative level of the tasks and functions of the judiciary in Ukraine will streamline its structure and interaction of elements that are part of its system to reduce uncertainty and increase the efficiency of resources and time, and in the future will contribute to justice. Bodies and institutions that are called to perform the functions and tasks of the judiciary are: the High Council of Justice, the State Judicial Administration of Ukraine, the High Qualifications Commission of Judges of Ukraine, judicial self-government, the court staff, the National School of Judges of Ukraine, other public authorities and local governments participate in the organizational support of the courts.

THEORETICAL FUNDAMENTALS OF RESEARCH AND USE OF SMELL TRACKS DURING INVESTIGATION CRIMINAL OFFENSES

Volodymyr Yashchuk

Postgraduate Doctoral Degree Seeker at the Department of Forensic Science and Medicine
National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0002-7610-3319

Anotation. The study and use of odor traces in the investigation of criminal offenses at the present stage has not been the subject of a separate study in the scientific literature, and the formation of the theoretical foundations of this activity has determined the purpose of the scientific article. Methodological tools are selected taking into account the purpose, specifics of the object and subject of research. The general dialectical method of scientific knowledge of the phenomena, and also their communications with practical activity of the investigator, the expert, the expert during investigation of criminal offenses is defining. Among the special research methods used are the following: comparative law; historical and legal; system-structural. Studies have shown that the problems of research and use of odorous traces in the detection, detection, investigation, prevention of criminal offenses have been the focus of scientific practitioners in Ukraine and other countries.
Keywords: The study and use of odor traces in the investigation of criminal offenses at the present stage has not been the subject of a separate study in the scientific literature, and the formation of the theoretical foundations of this activity has determined the purpose of the scientific article. Methodological tools are selected taking into account the purpose, specifics of the object and subject of research. The general dialectical method of scientific knowledge of the phenomena, and also their communications with practical activity of the investigator, the expert, the expert during investigation of criminal offenses is defining. Among the special research methods used are the following: comparative law; historical and legal; system-structural. Studies have shown that the problems of research and use of odorous traces in the detection, detection, investigation, prevention of criminal offenses have been the focus of scientific practitioners in Ukraine and other countries.