Journal №7 (35) vol. 3 / 2020|KELM

LIST OF FILES

TO THE CHARACTERISTICS OF WAYS TO PROTECT THE LABOR RIGHTS OF CIVIL SERVANTS

Liudmyla Apanaskovych

Applicant at the Department of Legal Support of Economic Activities
Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0003-2203-0457

Anotation. The relevance of the article is that the civil service is complex in nature and content, and therefore it requires a special approach to regulating the work of this category of workers, in particular the creation of the necessary conditions for them to exercise their right to work. The right of civil servants to protection of labor rights is a substantive subjective right, expressed in the ability of a civil servant to resort to certain means of protection, to apply legal measures to restore his violated or challenged right. The article, based on the analysis of scientific views of scientists, proposes the author’s definition of the concept of ways to protect the labor rights of civil servants. The characteristic methods of protection are singled out and given a description. It is noted that the methods of protection of labor rights listed in the article should be used comprehensively, i.e. combined, which will increase the efficiency and effectiveness of such protection. It is determined that the method of protection of labor rights of civil servants is most appropriate to understand as a set of legally defined actions performed by civil servants and/or public authorities to implement the first powers granted to them by current legislation during employment.
Keywords: The relevance of the article is that the civil service is complex in nature and content, and therefore it requires a special approach to regulating the work of this category of workers, in particular the creation of the necessary conditions for them to exercise their right to work. The right of civil servants to protection of labor rights is a substantive subjective right, expressed in the ability of a civil servant to resort to certain means of protection, to apply legal measures to restore his violated or challenged right. The article, based on the analysis of scientific views of scientists, proposes the author’s definition of the concept of ways to protect the labor rights of civil servants. The characteristic methods of protection are singled out and given a description. It is noted that the methods of protection of labor rights listed in the article should be used comprehensively, i.e. combined, which will increase the efficiency and effectiveness of such protection. It is determined that the method of protection of labor rights of civil servants is most appropriate to understand as a set of legally defined actions performed by civil servants and/or public authorities to implement the first powers granted to them by current legislation during employment.

FOREIGN EXPERIENCE IN REGULATING THE ACTIVITIES OF LAWYERS AS PARTICIPANTS IN THE ADMINISTRATIVE PROCESS, AND THE POSSIBILITY OF ITS USE IN UKRAINE

Yevheniia Berezhna

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-1220-847X

Anotation. The article, based on the analysis of scientific views of scientists, summarizes the foreign experience of regulating the activities of lawyers as participants in the administrative process. It is noted that approaches in different countries to regulate the participation of lawyers in the administrative process differ. The author’s approach to the possibilities of using positive foreign experience in the context of improving domestic legislation governing the activities of lawyers has been formed. The relevance of the article is that the problems of reforming the Ukrainian legal sphere as a whole and its individual institutions are due to many factors, quite important among which is the lack of Ukrainian political and legal elite with the necessary experience. This situation makes it necessary and useful to study the relevant foreign experience in order to use its best examples in the Ukrainian legal space, of course, taking into account the realities of political, and legal, socio-economic, cultural and other aspects of public life in our country. The urgency of active study and implementation of leading foreign experience in Ukraine is also due to the fact that our country is an active participant in international cooperation, in particular in the field of protection of human rights and freedoms, as well as pursuing European integration.
Keywords: The article, based on the analysis of scientific views of scientists, summarizes the foreign experience of regulating the activities of lawyers as participants in the administrative process. It is noted that approaches in different countries to regulate the participation of lawyers in the administrative process differ. The author’s approach to the possibilities of using positive foreign experience in the context of improving domestic legislation governing the activities of lawyers has been formed. The relevance of the article is that the problems of reforming the Ukrainian legal sphere as a whole and its individual institutions are due to many factors, quite important among which is the lack of Ukrainian political and legal elite with the necessary experience. This situation makes it necessary and useful to study the relevant foreign experience in order to use its best examples in the Ukrainian legal space, of course, taking into account the realities of political, and legal, socio-economic, cultural and other aspects of public life in our country. The urgency of active study and implementation of leading foreign experience in Ukraine is also due to the fact that our country is an active participant in international cooperation, in particular in the field of protection of human rights and freedoms, as well as pursuing European integration.

PECULIARITIES OF THE JUDICIAL SYSTEM OF THE WESTERN UKRAINIAN LANDS OF THE INTERWAR DECADES (1918–1939)

Oleksandr Byrkovych

Candidate of Law Science, Associate Professor at the Department of Theory and History of State and Law
Uzhhorod National University (Uzhhorod, Ukraine)

ORCID ID: 0000-0003-3880-359X

Anotation. The article reveals the features of the judicial system, which was implemented in Galicia, Bukovina and Transcarpathia after their incorporation into Poland, Romania and Czechoslovakia, respectively. A comparative description of the constitutional and other regulations governing the formation of the judicial system of Poland, Romania and Czechoslovakia, as well as the specifics of their implementation in the Ukrainian lands. Particular emphasis is placed on violating the legal obligations of the incorporating states to guarantee Ukrainians broad autonomy within them, including the right to a fair trial. It is concluded that in the western Ukrainian lands during 1918–1939 a judicial system of states was established, which included Bukovyna, Galicia and Transcarpathia. The nature of the judiciary was determined by the general content of the legal system of these states, and for each of them has undergone a multistage evolution, which in most cases was marked by the restriction of democratic principles of justice. The authoritarian monarchical government in Romania used the courts as a tool to influence the population, restricting the national rights of Ukrainians in every possible way. The latter not only could not be elected judges, but the proceedings themselves were conducted exclusively in Romanian.
Keywords: The article reveals the features of the judicial system, which was implemented in Galicia, Bukovina and Transcarpathia after their incorporation into Poland, Romania and Czechoslovakia, respectively. A comparative description of the constitutional and other regulations governing the formation of the judicial system of Poland, Romania and Czechoslovakia, as well as the specifics of their implementation in the Ukrainian lands. Particular emphasis is placed on violating the legal obligations of the incorporating states to guarantee Ukrainians broad autonomy within them, including the right to a fair trial. It is concluded that in the western Ukrainian lands during 1918–1939 a judicial system of states was established, which included Bukovyna, Galicia and Transcarpathia. The nature of the judiciary was determined by the general content of the legal system of these states, and for each of them has undergone a multistage evolution, which in most cases was marked by the restriction of democratic principles of justice. The authoritarian monarchical government in Romania used the courts as a tool to influence the population, restricting the national rights of Ukrainians in every possible way. The latter not only could not be elected judges, but the proceedings themselves were conducted exclusively in Romanian.

TO CHARACTERIZE THE FORMS AND METHODS OF DIFFERENTIATION OF LEGAL REGULATION OF SEASONAL AND TEMPORARY WORKERS

Serhii Bondarenko

Applicant at the Department of Legal Support of Economic Activities
Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0003-2237-7370

Anotation. The relevance of the article is that ensuring the differentiation of legal regulation of seasonal and temporary workers is an activity that has its own forms and methods, the study of which will allow a more meaningful understanding of its essence and mechanism of implementation. Forms of ensuring the differentiation of legal regulation of seasonal and temporary workers as an external expression of this phenomenon, is the form in which this differentiation is manifested in the objective world, in particular in objective law. The article, based on the analysis of scientific views of scientists and the norms of current legislation, outlines the range of forms and methods of differentiation of legal regulation of seasonal and temporary workers. It is substantiated that in order for the forms and methods considered in the article to be effective and efficient in performing the tasks for which they are used, the process of their implementation should be based on a clearly defined system of principles, which is a significant problem today.
Keywords: The relevance of the article is that ensuring the differentiation of legal regulation of seasonal and temporary workers is an activity that has its own forms and methods, the study of which will allow a more meaningful understanding of its essence and mechanism of implementation. Forms of ensuring the differentiation of legal regulation of seasonal and temporary workers as an external expression of this phenomenon, is the form in which this differentiation is manifested in the objective world, in particular in objective law. The article, based on the analysis of scientific views of scientists and the norms of current legislation, outlines the range of forms and methods of differentiation of legal regulation of seasonal and temporary workers. It is substantiated that in order for the forms and methods considered in the article to be effective and efficient in performing the tasks for which they are used, the process of their implementation should be based on a clearly defined system of principles, which is a significant problem today.

TO CHARACTERIZE THE LEGAL GUARANTEES OF THE ADMINISTRATIVE AND LEGAL STATUS OF REFUGEES AND PERSONS IN NEED OF ADDITIONAL OR TEMPORARY PROTECTION IN UKRAINE

Vadim Bosiy

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

ORCID ID: 0000-0002-4731-6489

Anotation. The relevance of the article is that the implementation of legal guarantees arises when it is necessary to protect the violated rights of refugees and persons in need of additional or temporary protection, in particular in case of non-performance or improper performance by public authorities, local governments and their officials, or other subjects of their responsibilities, i.e. when there is a threat to the implementation of the administrative and legal status of these categories of persons. Legal guarantees of the administrative and legal status of refugees and persons in need of additional or temporary protection should be understood as a set of measures and means provided by law that provide protection and are designed to promote the practical realization of the rights and freedoms of these categories of persons. The system of legal guarantees is provided by certain instruments, in particular: normative, procedural, sectoral, which in turn are ways and means of protection and realization of human rights and freedoms. The basis of legal guarantees is regulatory support, i.e. in other words we can say that the basis of legal guarantees is the law. The article, based on the analysis of scientific views of scientists and the current legislation of Ukraine, describes the key guarantees of the administrative and legal status of refugees and persons in need of additional or temporary protection in Ukraine. It is emphasized that one of the key shortcomings of legal guarantees for the implementation of the administrative and legal status of refugees and persons in need of additional or temporary protection in Ukraine is the lack of their legal basis.
Keywords: The relevance of the article is that the implementation of legal guarantees arises when it is necessary to protect the violated rights of refugees and persons in need of additional or temporary protection, in particular in case of non-performance or improper performance by public authorities, local governments and their officials, or other subjects of their responsibilities, i.e. when there is a threat to the implementation of the administrative and legal status of these categories of persons. Legal guarantees of the administrative and legal status of refugees and persons in need of additional or temporary protection should be understood as a set of measures and means provided by law that provide protection and are designed to promote the practical realization of the rights and freedoms of these categories of persons. The system of legal guarantees is provided by certain instruments, in particular: normative, procedural, sectoral, which in turn are ways and means of protection and realization of human rights and freedoms. The basis of legal guarantees is regulatory support, i.e. in other words we can say that the basis of legal guarantees is the law. The article, based on the analysis of scientific views of scientists and the current legislation of Ukraine, describes the key guarantees of the administrative and legal status of refugees and persons in need of additional or temporary protection in Ukraine. It is emphasized that one of the key shortcomings of legal guarantees for the implementation of the administrative and legal status of refugees and persons in need of additional or temporary protection in Ukraine is the lack of their legal basis.

CRIMINAL PROBLEMS OF ESTABLISHING AND OVERCOMING A SIMULATION OF A SUSPECT IN A PRE-TRIAL INVESTIGATION

Bogdan Burbelo

Head of the Forensic Department Providing Investigative Management
Main Directorate of the National Police in the Kharkiv region (Kharkiv, Ukraine)

ORCID ID: 0000-0002-1889-0713

Anotation. Based on the analysis of materials of investigative and judicial practice, as well as scientific literature, the relevance of the study of forensic problems of detection and counteraction of simulation is determined. The analysis of the concept of “simulation” and its types is carried out. The motive and the purpose of application of simulation by suspects are considered. The necessary knowledge that should be professionally possessed by investigators, prosecutors, judges to address issues related to the detection of simulants has been identified.
Keywords: Based on the analysis of materials of investigative and judicial practice, as well as scientific literature, the relevance of the study of forensic problems of detection and counteraction of simulation is determined. The analysis of the concept of “simulation” and its types is carried out. The motive and the purpose of application of simulation by suspects are considered. The necessary knowledge that should be professionally possessed by investigators, prosecutors, judges to address issues related to the detection of simulants has been identified.

FEATURES OF REGULATING RESPONSIBILITY FOR THE MULTIPLICITY OF INTENTIONAL MURDERS IN BURDENSOME CIRCUMSTANCES IN THE CRIMINAL LEGISLATION OF THE AZERBAIJAN REPUBLICThe article deals with the provisions of the Law on the Criminal Responsibility of the Republic of Azerbaijan, which provide for criminal liability for the multiplicity of intentional murders in aggravating circumstances. It has been established that according to Part 3 of Art. 16 KK of the Republic of Azerbaijan, the offense is not recognized as a repeatedly, if a person who has been convicted previously committed (ruled by our prime The same Article of the Criminal Code or various articles in the case of a special part of the law on criminal liability. Consequently, unlike the provisions of the Criminal Code of Ukraine, in the Law on the Criminal Responsibility of the Republic of Azerbaijan Availability in a subject of conviction in a previously committed crime is a circumstance that excludes the repetition of crimes. It is proposed to take advantage of the experience of the Republic of Azerbaijan and anticipated in Art. 34 of the Criminal Code of Ukraine is such a fact that it excludes recurrence of criminal offenses as a criminal offense proceedings committed by a person under the age of 18.

Mykola Vasylenko

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0003-2689-4190

Anotation. The article deals with the provisions of the Law on the Criminal Responsibility of the Republic of Azerbaijan, which provide for criminal liability for the multiplicity of intentional murders in aggravating circumstances. It has been established that according to Part 3 of Art. 16 KK of the Republic of Azerbaijan, the offense is not recognized as a repeatedly, if a person who has been convicted previously committed (ruled by our prime The same Article of the Criminal Code or various articles in the case of a special part of the law on criminal liability. Consequently, unlike the provisions of the Criminal Code of Ukraine, in the Law on the Criminal Responsibility of the Republic of Azerbaijan Availability in a subject of conviction in a previously committed crime is a circumstance that excludes the repetition of crimes. It is proposed to take advantage of the experience of the Republic of Azerbaijan and anticipated in Art. 34 of the Criminal Code of Ukraine is such a fact that it excludes recurrence of criminal offenses as a criminal offense proceedings committed by a person under the age of 18.
Keywords: The article deals with the provisions of the Law on the Criminal Responsibility of the Republic of Azerbaijan, which provide for criminal liability for the multiplicity of intentional murders in aggravating circumstances. It has been established that according to Part 3 of Art. 16 KK of the Republic of Azerbaijan, the offense is not recognized as a repeatedly, if a person who has been convicted previously committed (ruled by our prime The same Article of the Criminal Code or various articles in the case of a special part of the law on criminal liability. Consequently, unlike the provisions of the Criminal Code of Ukraine, in the Law on the Criminal Responsibility of the Republic of Azerbaijan Availability in a subject of conviction in a previously committed crime is a circumstance that excludes the repetition of crimes. It is proposed to take advantage of the experience of the Republic of Azerbaijan and anticipated in Art. 34 of the Criminal Code of Ukraine is such a fact that it excludes recurrence of criminal offenses as a criminal offense proceedings committed by a person under the age of 18.

INTERNATIONAL LEGAL STANDARDS OF POLICE ACTIVITY IN THE FIELD OF ENFORCEMENT OF HUMAN RIGHTS AND FREEDOMS

Yulianna Vityk

Postgraduate Student at the Department of Constitutional Law and Human Rights
National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0003-4474-3717

Anotation. The works of Ukrainian and foreign scientists, which form the theoretical basis of scientific research of international legal standards of policing, in particular in the field of human rights and freedoms, are analyzed. Given the aspect of ensuring respect for human rights and freedoms provided for in international treaties of Ukraine, such activities should be relevant to international standards. It is stated that the introduction of international legal standards of policing at the national level is a concentrated reflection of generally accepted global law enforcement practice, including in the field of human rights and freedoms by relevant law enforcement agencies, and forms a modern strategy to counter transnational organized crime as an integral part of international crime, preventive introduction of destructive threats to the world society. It is noted that the uniqueness of the relevant international legal standards lies in the particularly urgent need for their further scientific and theoretical understanding in a difficult political and legal situation in Ukraine. It is for further objective and comprehensive study, and thus outlining ways to integrate into the world and European space, the direction of the author’s analysis is also aimed at scientific substantiation and introduction into domestic law of international legal standards in policing in the field of rights and freedoms man.
Keywords: The works of Ukrainian and foreign scientists, which form the theoretical basis of scientific research of international legal standards of policing, in particular in the field of human rights and freedoms, are analyzed. Given the aspect of ensuring respect for human rights and freedoms provided for in international treaties of Ukraine, such activities should be relevant to international standards. It is stated that the introduction of international legal standards of policing at the national level is a concentrated reflection of generally accepted global law enforcement practice, including in the field of human rights and freedoms by relevant law enforcement agencies, and forms a modern strategy to counter transnational organized crime as an integral part of international crime, preventive introduction of destructive threats to the world society. It is noted that the uniqueness of the relevant international legal standards lies in the particularly urgent need for their further scientific and theoretical understanding in a difficult political and legal situation in Ukraine. It is for further objective and comprehensive study, and thus outlining ways to integrate into the world and European space, the direction of the author’s analysis is also aimed at scientific substantiation and introduction into domestic law of international legal standards in policing in the field of rights and freedoms man.

SCIENTIFIC DEVELOPMENT OF THE PROBLEM OF INVESTIGATION OF CRIMINAL OFFENSES RELATED TO POLLUTION OF WATER FACILITIES (REVIEW DISSERTATION RESEARCH)

Olha Halytska

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0001-5956-2532

Anotation. The importance of an interdisciplinary approach to improve the methodology of investigation of criminal offenses related to water pollution, in which the scientific basis of this activity is: 1) research conducted by non-legal sciences, including natural, technical, humanities, etc., achievements which are integrated by criminology depending on the needs of law enforcement practice in this area; 2) research carried out by legal sciences, which are divided into: a) legal sciences of the criminal cycle: criminal law, criminology, criminal procedure, forensic expertise, criminology, etc.; b) legal sciences of the non-criminal cycle: environmental law, natural resource law, water law, maritime law, etc. The main provisions of the most significant for this work dissertations performed within the sciences of the criminal cycle are described. It is emphasized that the existing methods of investigation of criminal offenses in this area cannot be considered as meeting the needs of the practice of counteracting the investigated acts, which determines their further scientific research. It is proved that the involvement of legal science in the process of improving the legislation in the field of environmental protection and strengthening the legal responsibility for offenses is the key to successful reforms that are taking place in Ukraine today.
Keywords: The importance of an interdisciplinary approach to improve the methodology of investigation of criminal offenses related to water pollution, in which the scientific basis of this activity is: 1) research conducted by non-legal sciences, including natural, technical, humanities, etc., achievements which are integrated by criminology depending on the needs of law enforcement practice in this area; 2) research carried out by legal sciences, which are divided into: a) legal sciences of the criminal cycle: criminal law, criminology, criminal procedure, forensic expertise, criminology, etc.; b) legal sciences of the non-criminal cycle: environmental law, natural resource law, water law, maritime law, etc. The main provisions of the most significant for this work dissertations performed within the sciences of the criminal cycle are described. It is emphasized that the existing methods of investigation of criminal offenses in this area cannot be considered as meeting the needs of the practice of counteracting the investigated acts, which determines their further scientific research. It is proved that the involvement of legal science in the process of improving the legislation in the field of environmental protection and strengthening the legal responsibility for offenses is the key to successful reforms that are taking place in Ukraine today.

EXPERIENCE OF SOME FOREIGN COUNTRIES IN CRIMINALIZING VIOLATIONS OF THE PROCEDURE FOR ENTERING AND LEAVING THE TEMPORARILY OCCUPIED TERRITORY OF UKRAINE

Vitalii Derkach

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0001-6502-9523

Anotation. The article during the study of foreign experience established that, as a general rule, criminal liability for violation of the order of entry into and exit from the temporarily occupied territory is not typical for the legal families in question. Makes an exception, Art. 259 of the Penitentiary Code of the Republic of Estonia which provides for criminal liability for illegal movement of foreigners across the state border of the Republic of Estonia and a temporary control line. Where a temporary control line is used to divide the territory that falls under the jurisdiction of the states of the Republic of Estonia and the Russian Federation. The countries of the Romano-Germanic legal family are characterized by criminal liability for illegal crossing (violation of the order of crossing) the state border. In particular, it is Azerbaijan, Belarus, Armenia, Georgia, Estonia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Russia, Tajikistan, Turkmenistan, and Uzbekistan. In most countries, the studied criminal law is classified as a crime against the order of government (Azerbaijan, Belarus, Armenia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Russia, Tajikistan, Turkmenistan, and Uzbekistan). In criminal law, Estonia is classified as a crime against public order, and Moldova as a crime against public authorities and state security.
Keywords: The article during the study of foreign experience established that, as a general rule, criminal liability for violation of the order of entry into and exit from the temporarily occupied territory is not typical for the legal families in question. Makes an exception, Art. 259 of the Penitentiary Code of the Republic of Estonia which provides for criminal liability for illegal movement of foreigners across the state border of the Republic of Estonia and a temporary control line. Where a temporary control line is used to divide the territory that falls under the jurisdiction of the states of the Republic of Estonia and the Russian Federation. The countries of the Romano-Germanic legal family are characterized by criminal liability for illegal crossing (violation of the order of crossing) the state border. In particular, it is Azerbaijan, Belarus, Armenia, Georgia, Estonia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Russia, Tajikistan, Turkmenistan, and Uzbekistan. In most countries, the studied criminal law is classified as a crime against the order of government (Azerbaijan, Belarus, Armenia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Russia, Tajikistan, Turkmenistan, and Uzbekistan). In criminal law, Estonia is classified as a crime against public order, and Moldova as a crime against public authorities and state security.

DEVELOPMENT OF LEGISLATION ON CRIMINAL LIABILITY FOR ESCAPE FROM A SPECIALIZED HOSPITAL INSTITUTION IN THE SOVIET PERIOD

Yana Derkach

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0003-2414-2743

Anotation. In the article the author continues to study the historical and legal development of legislation on criminal liability for fleeing from a specialized medical institution. In previous work it was found that by the beginning of the XIX century the mentally ill were sent under the supervision of monasteries. Beginning with the Criminal and Correctional Penal Code of 1845, the mentally ill were sent to compulsory treatment in special homes for the insane, and with the adoption of the Criminal Code of 1903 to special medical institutions. However, the consideration of the Soviet period of formation of the criminal legislation for escape from a specialized medical institution remained perspective. That the author also tried to carry out in the work offered to your attention.
Keywords: In the article the author continues to study the historical and legal development of legislation on criminal liability for fleeing from a specialized medical institution. In previous work it was found that by the beginning of the XIX century the mentally ill were sent under the supervision of monasteries. Beginning with the Criminal and Correctional Penal Code of 1845, the mentally ill were sent to compulsory treatment in special homes for the insane, and with the adoption of the Criminal Code of 1903 to special medical institutions. However, the consideration of the Soviet period of formation of the criminal legislation for escape from a specialized medical institution remained perspective. That the author also tried to carry out in the work offered to your attention.

IMPROVEMENT OF LEGISLATION REGULATING THE ADMINISTRATIVE AND LEGAL STATUS OF A POLICE OFFICER IN UKRAINE

Roman Dmitrik

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

ORCID ID: 0000-0001-8115-5431

Anotation. The purpose of the article is to identify ways to improve the legislation governing the administrative and legal status of a police officer in Ukraine. The article is devoted to the issues of the properties of the administrativelegal status of the National Police. The article examines the concepts of the administrative-legal status of a subject, highlights its elements. Based on scientific research and legislation, the author offers his own definition and system of elements of the administrative and legal status of the National Police. Other elements of the administrative and legal status of the National Police have a consequence of its place in the system of executive power bodies, as well as in the system of bodies of the Ministry of Internal Affairs of Ukraine. It is concluded that today in Ukraine, the basic organizational foundations of the National Police have already been laid and appropriate security mechanisms have been introduced, the main task of which is to ensure the stable and effective work of its bodies by fully satisfying their needs for information, material, technical, financial, human and other resources.
Keywords: The purpose of the article is to identify ways to improve the legislation governing the administrative and legal status of a police officer in Ukraine. The article is devoted to the issues of the properties of the administrativelegal status of the National Police. The article examines the concepts of the administrative-legal status of a subject, highlights its elements. Based on scientific research and legislation, the author offers his own definition and system of elements of the administrative and legal status of the National Police. Other elements of the administrative and legal status of the National Police have a consequence of its place in the system of executive power bodies, as well as in the system of bodies of the Ministry of Internal Affairs of Ukraine. It is concluded that today in Ukraine, the basic organizational foundations of the National Police have already been laid and appropriate security mechanisms have been introduced, the main task of which is to ensure the stable and effective work of its bodies by fully satisfying their needs for information, material, technical, financial, human and other resources.

FOREIGN EXPERIENCE IN CARRYING OUT ADMINISTRATIVE PROCEDURES IN ADVOCACY AND THE POSSIBILITY OF ITS USE IN UKRAINE

Artem Zakharov

Applicant
Research Institute Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0003-1362-2151

Anotation. The purpose of the article is to study foreign experience in the implementation of administrative procedures in advocacy and the possibility of its use in Ukraine. The article examines foreign experience in the implementation of administrative procedures in advocacy and the possibility of its use in Ukraine. It has been determined that the implementation of administrative procedures for monitoring the functioning of the institution of the legal profession abroad is characterized by a combination of administrative functions of the state (represented by the judicial branch of government) with a clear organizational and disciplinary coherence of lawyers within the bar associations (between the collegia). It is concluded that the question of the expediency of testing the foreign experience of control over the legal profession, in particular, the expansion of the state segment in the structure of management entities, is quite controversial.
Keywords: The purpose of the article is to study foreign experience in the implementation of administrative procedures in advocacy and the possibility of its use in Ukraine. The article examines foreign experience in the implementation of administrative procedures in advocacy and the possibility of its use in Ukraine. It has been determined that the implementation of administrative procedures for monitoring the functioning of the institution of the legal profession abroad is characterized by a combination of administrative functions of the state (represented by the judicial branch of government) with a clear organizational and disciplinary coherence of lawyers within the bar associations (between the collegia). It is concluded that the question of the expediency of testing the foreign experience of control over the legal profession, in particular, the expansion of the state segment in the structure of management entities, is quite controversial.

ADMINISTRATIVE AND LEGAL SUPPORT PROVISION OF CUSTOMS SERVICES

Anna Kolisnyk

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-7379-3297

Anotation. The article, based on the analysis of the provisions of domestic regulations, concludes that the administrative and legal provision of services in customs is a regulated by administrative law activities of customs authorities to create conditions to facilitate foreign trade activities in customs at the initiative of interested parties persons. It should be noted that the current legislation on the provision of services in customs is imperfect and needs to be improved. Therefore, we consider it necessary: 1) to change certain provisions of the Customs Code of Ukraine in terms of introducing into its content the legislative definition of services in customs; 2) adopt a single normative act that will contain a single list of such services; 3) to harmonize the provisions of regulations in the field of customs services among themselves and adapt them to the requirements of European standards.
Keywords: The article, based on the analysis of the provisions of domestic regulations, concludes that the administrative and legal provision of services in customs is a regulated by administrative law activities of customs authorities to create conditions to facilitate foreign trade activities in customs at the initiative of interested parties persons. It should be noted that the current legislation on the provision of services in customs is imperfect and needs to be improved. Therefore, we consider it necessary: 1) to change certain provisions of the Customs Code of Ukraine in terms of introducing into its content the legislative definition of services in customs; 2) adopt a single normative act that will contain a single list of such services; 3) to harmonize the provisions of regulations in the field of customs services among themselves and adapt them to the requirements of European standards.

PROBLEM ISSUES OF DETERMINATION OF SEARCH PARTICIPANTS

Yana Koniushenko

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

ORCID ID: 0000-0003-4988-0793

Anotation. It is determined in the article that the following persons are participants in the search: a) investigator, prosecutor; b) victim, suspect, defense lawyer, representative; c) other participants in criminal proceedings, and in particular, two attesting witnesses; d) specialist; e) persons whose rights and legitimate interests may be limited or violated. The duty to comply with the decision on permission to search a home or other possession of a person is vested in the investigator or prosecutor. The article analyzes the possibility of involving operational officers in a search by: 1) providing an investigator with an order to an operational unit to conduct a search; 2) conducting a search by an investigator, a prosecutor, together with operational officers. It is recognized that, contrary to the established practice, which has been observed for a long time, neither the first nor the second form of involving operational officers in a search is illegal. Attention is focused on the problem of preventing a lawyer/defense attorney from conducting a search. It was stated that such actions of an investigator, a prosecutor violate the constitutional right of a person to defense.
Keywords: It is determined in the article that the following persons are participants in the search: a) investigator, prosecutor; b) victim, suspect, defense lawyer, representative; c) other participants in criminal proceedings, and in particular, two attesting witnesses; d) specialist; e) persons whose rights and legitimate interests may be limited or violated. The duty to comply with the decision on permission to search a home or other possession of a person is vested in the investigator or prosecutor. The article analyzes the possibility of involving operational officers in a search by: 1) providing an investigator with an order to an operational unit to conduct a search; 2) conducting a search by an investigator, a prosecutor, together with operational officers. It is recognized that, contrary to the established practice, which has been observed for a long time, neither the first nor the second form of involving operational officers in a search is illegal. Attention is focused on the problem of preventing a lawyer/defense attorney from conducting a search. It was stated that such actions of an investigator, a prosecutor violate the constitutional right of a person to defense.

A MODERN APPROACH TO THE FORMATION OF AN ADMINISTRATIVE AND LEGAL MECHANISM FOR ENSURING INFORMATION SECURITY OF THE BODIES OF THE NATIONAL POLICE OF UKRAINE

Evgenii Nikulin

Applicant
Research Institute Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0003-3633-4996

Anotation. The relevance of the article lies in the fact that modern society is rapidly developing, new social relations appear and, along with them, all new threats are formed, which are aimed at destroying the existing order, disorganizing society and destabilizing the activities of government bodies. Therefore, at the same time, along with the introduction of the latest technologies that optimize the administration processes, mechanisms should be developed that will ensure the protection of new areas of activity, make them less vulnerable to external (internal) negative factors. The article discusses modern approaches to the formation of the structure of the administrative and legal mechanism for ensuring information security of the bodies of the National Police of Ukraine. The subjects, forms, methods, legal means of ensuring information security of the National Police bodies, as well as legal guarantees as its key elements, are considered in detail. It is concluded that modern approaches to the formation of an administrative and legal mechanism for ensuring information security of the National Police of Ukraine are focused on its multifunctionality and effectiveness in specific conditions of place and time.
Keywords: The relevance of the article lies in the fact that modern society is rapidly developing, new social relations appear and, along with them, all new threats are formed, which are aimed at destroying the existing order, disorganizing society and destabilizing the activities of government bodies. Therefore, at the same time, along with the introduction of the latest technologies that optimize the administration processes, mechanisms should be developed that will ensure the protection of new areas of activity, make them less vulnerable to external (internal) negative factors. The article discusses modern approaches to the formation of the structure of the administrative and legal mechanism for ensuring information security of the bodies of the National Police of Ukraine. The subjects, forms, methods, legal means of ensuring information security of the National Police bodies, as well as legal guarantees as its key elements, are considered in detail. It is concluded that modern approaches to the formation of an administrative and legal mechanism for ensuring information security of the National Police of Ukraine are focused on its multifunctionality and effectiveness in specific conditions of place and time.

THE CONCEPT OF PUBLIC ADMINISTRATION OF DIGITAL SOCIETY IN UKRAINE

Kostiantyn Oksiutenko

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-2303-8461

Anotation. The relevance of the article is that in today’s innovative society, the behavior of citizens, their desires, needs, ways of working, communication and interaction between people is changing through the Internet, which allows for greater opportunities in all spheres of public life. Therefore, the digitalization of administrative and procedural activities of public authorities and local governments is an urgent need of society in terms of better provision of public services. Digital technologies open up unique opportunities for the development of public administration in order to improve the quality of life of citizens. The purpose of the article is to clarify the concept of public administration of the digital society in Ukraine on the basis of the values of natural law, the theory of administrative law, current legislation. The article formulates the basic definitions of the conceptual and categorical apparatus of public administration of the digital society in Ukraine. An etymological and semantic analysis of terms used in foreign and domestic research on the issue of digitization of administrative and procedural activities of public authorities and local governments.
Keywords: The relevance of the article is that in today’s innovative society, the behavior of citizens, their desires, needs, ways of working, communication and interaction between people is changing through the Internet, which allows for greater opportunities in all spheres of public life. Therefore, the digitalization of administrative and procedural activities of public authorities and local governments is an urgent need of society in terms of better provision of public services. Digital technologies open up unique opportunities for the development of public administration in order to improve the quality of life of citizens. The purpose of the article is to clarify the concept of public administration of the digital society in Ukraine on the basis of the values of natural law, the theory of administrative law, current legislation. The article formulates the basic definitions of the conceptual and categorical apparatus of public administration of the digital society in Ukraine. An etymological and semantic analysis of terms used in foreign and domestic research on the issue of digitization of administrative and procedural activities of public authorities and local governments.

LIMITS OF EMPLOYEE’S EXERCISE OF LABOR RIGHTS

Yuliia Ostapenko

Candidate of Law

ORCID ID: 0000-0003-3859-6615

Anotation. The article comprehensively defines the legal essence of the limits of the employees’ labor rights. The author analyzes the positions of scientists regarding the understanding of the boundaries of the person to exercise his rights, and also identifies relevant approaches to determining the types of limits for the rights exercising. On the basis of this, the definition of the “limits of the employee’s labor rights” concept is formulated and their types are highlighted. In the group of limits of a moral and legal nature, the author includes: boundaries that reflect the general essence of law and the legal system; limits due to the fairness and reasonableness of the legally significant behavior of the subject of law; limits due to the good faith of the legally significant behavior of the employee. The group of boundaries of a formal-legal, determinant nature is made up of: limits conditioned by the methods of the employee’s labor rights implementation; the spatial and temporal limits of the employee’s labor rights implementation. The group of boundaries of an objectively subjective legal nature is determined by the essence and nature of the specific legal personality of the employee who exercises labor rights in a certain time period. Conclusions generalize the results of the research.
Keywords: The article comprehensively defines the legal essence of the limits of the employees’ labor rights. The author analyzes the positions of scientists regarding the understanding of the boundaries of the person to exercise his rights, and also identifies relevant approaches to determining the types of limits for the rights exercising. On the basis of this, the definition of the “limits of the employee’s labor rights” concept is formulated and their types are highlighted. In the group of limits of a moral and legal nature, the author includes: boundaries that reflect the general essence of law and the legal system; limits due to the fairness and reasonableness of the legally significant behavior of the subject of law; limits due to the good faith of the legally significant behavior of the employee. The group of boundaries of a formal-legal, determinant nature is made up of: limits conditioned by the methods of the employee’s labor rights implementation; the spatial and temporal limits of the employee’s labor rights implementation. The group of boundaries of an objectively subjective legal nature is determined by the essence and nature of the specific legal personality of the employee who exercises labor rights in a certain time period. Conclusions generalize the results of the research.

GENERAL PREVENTIVE MEASURES IN THE FIELD OF PREVENTION OF GENDER-BASED VIOLENCE IN THE AUTHORITIES NATIONAL POLICE OF UKRAINE

Olga Perunova

Postgraduate Student at the Department of Legal Psychology National Academy of Internal Affairs, Head of the Department for Gender Equality
Human Rights Monitoring Department of the Ministry of Internal Affairs of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0003-3507-5144

Anotation. The article deals with the main prevention measures that may be used in the field of prevention of violence in the railway from the article in law enforcement agencies. The author is formed by practical recommendations for improving existing and compressed use of new prevention measures in the investigational area. Attention is paid to the stability of gender stereotypes in society, which lead to the determination of a wide range of gender phenomena. At the same time, it is determined that the impact of corporate culture reveals its usefulness in ensuring the coordination of activities on the basis of consistency in large interfunctional organizations, including in the laws of the national police of Ukraine. The author will be able to restore the immune mentoring institution, which can effectively ensure an increase in the attention of police officers, analyzing their professional development, avoid deformable features and establish a professional compliance with the chosen occupation. Conclusions are made on the need for an integrated approach during the organizational level of preventive or therapeutic measures in order to avoid the development and spread of gender-based violence.
Keywords: The article deals with the main prevention measures that may be used in the field of prevention of violence in the railway from the article in law enforcement agencies. The author is formed by practical recommendations for improving existing and compressed use of new prevention measures in the investigational area. Attention is paid to the stability of gender stereotypes in society, which lead to the determination of a wide range of gender phenomena. At the same time, it is determined that the impact of corporate culture reveals its usefulness in ensuring the coordination of activities on the basis of consistency in large interfunctional organizations, including in the laws of the national police of Ukraine. The author will be able to restore the immune mentoring institution, which can effectively ensure an increase in the attention of police officers, analyzing their professional development, avoid deformable features and establish a professional compliance with the chosen occupation. Conclusions are made on the need for an integrated approach during the organizational level of preventive or therapeutic measures in order to avoid the development and spread of gender-based violence.

CERTAIN ASPECTS OF SPECIAL CRIMINOLOGICAL PREVENTION IN UKRAINE OF MISAPPROPRIATION, EMBEZZLEMENT OR SEIZURE OF ANOTHER’S PROPERTY BY ABUSE OF OFFICIAL POSITION BY AN OFFICIAL

Anna Petryshyna

Applicant
Dnepropetrovsk state University of Internal Affairs (Dnipro, Ukraine)

ORCID ID: 0000-0003-1837-2091

Anotation. The purpose of the article is to consider certain aspects of special criminological prevention of misappropriation, embezzlement or seizure of another’s property by an official abusing his official position. Some aspects of special criminological prevention of misappropriation, embezzlement or seizure of another’s property through abuse of office by an official have been studied. It was found that in the system of special criminological prevention of misappropriation, embezzlement or seizure of another’s property by abuse of office by an official, it is necessary to distinguish measures aimed at eliminating more or less impersonal criminogenic objects (general special criminological prevention and measures that affect specific individuals (individual special criminological prevention). It is stated that the difficulty of special criminological prevention of misappropriation, embezzlement or seizure of property by abuse of office by an official is that it is necessary to combine not only the techniques inherent in combating criminal offenses against property, but also economic, official and corruption offense.
Keywords: The purpose of the article is to consider certain aspects of special criminological prevention of misappropriation, embezzlement or seizure of another’s property by an official abusing his official position. Some aspects of special criminological prevention of misappropriation, embezzlement or seizure of another’s property through abuse of office by an official have been studied. It was found that in the system of special criminological prevention of misappropriation, embezzlement or seizure of another’s property by abuse of office by an official, it is necessary to distinguish measures aimed at eliminating more or less impersonal criminogenic objects (general special criminological prevention and measures that affect specific individuals (individual special criminological prevention). It is stated that the difficulty of special criminological prevention of misappropriation, embezzlement or seizure of property by abuse of office by an official is that it is necessary to combine not only the techniques inherent in combating criminal offenses against property, but also economic, official and corruption offense.

ALTERNATIVE RESOLUTION OF PUBLIC DISPUTES IN THE ADMINISTRATIVE JUDICIARY OF THE COUNTRY-ASSOCIATED MEMBERS OF THE EUROPEAN UNION (ON THE EXAMPLE OF THE REPUBLICS OF GEORGIA AND MOLDOVA)

Inna Proskuriakova

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

ORCID ID: 0000-0002-5734-4352

Anotation. The article presents the results of a comparative legal analysis of the norms of the current legislation of the Republics of Georgia and Moldova on the issues of alternative resolution of public law disputes in administrative proceedings. When analyzing court decisions, the author made an attempt to comprehend the general features of development. The author pays special attention to the common manifestation of legal nihilism; an attempt is made to interpret it. Legal nihilism, as one of the forms of manifestations of deformation of the legal consciousness of the population in the temporarily occupied territories or their foreign counterparts. The researcher examines the relevant codes, laws and bylaws of the Republics of Georgia and Moldova, in which, in his opinion, the essence of an alternative solution to public law disputes in administrative proceedings is mainly reduced to negotiations. During the scientific exploration it was found that the Republic of Georgia has a special legal terminology – amicable agreement and mediation. Amicable agreement as a kind of administrative agreement is characteristic of the Republic of Moldova. In addition, the author also named other features of alternative dispute resolution concerning its participants, decisions, costs or peculiarities of administrative proceedings. The promising norms have been identified for consideration as possible ways of borrowing positive experience.
Keywords: The article presents the results of a comparative legal analysis of the norms of the current legislation of the Republics of Georgia and Moldova on the issues of alternative resolution of public law disputes in administrative proceedings. When analyzing court decisions, the author made an attempt to comprehend the general features of development. The author pays special attention to the common manifestation of legal nihilism; an attempt is made to interpret it. Legal nihilism, as one of the forms of manifestations of deformation of the legal consciousness of the population in the temporarily occupied territories or their foreign counterparts. The researcher examines the relevant codes, laws and bylaws of the Republics of Georgia and Moldova, in which, in his opinion, the essence of an alternative solution to public law disputes in administrative proceedings is mainly reduced to negotiations. During the scientific exploration it was found that the Republic of Georgia has a special legal terminology – amicable agreement and mediation. Amicable agreement as a kind of administrative agreement is characteristic of the Republic of Moldova. In addition, the author also named other features of alternative dispute resolution concerning its participants, decisions, costs or peculiarities of administrative proceedings. The promising norms have been identified for consideration as possible ways of borrowing positive experience.

SCIENTIFIC FOUNDATIONS OF INDIVIDUAL PREVENTIVE PREVENTION OF CRIMINAL OFFENSES IN CRIMINAL-EXECUTIVE INSTITUTION

Yan Strelyuk

Candidate of Law, Applicant at the Department of Law Enforcement and Anti-Corruption Activities
Interregional Academy of Personnel Management (Kyiv, Ukraine)

ORCID ID: 0000-0003-3337-1286

Anotation. The article reveals the scientific principles of individual preventive prevention of criminal offenses in closed penitentiary institutions. It is established that this problem is little studied at the level of scientific principles. It is noted that individual preventive prevention of criminal offenses in closed penitentiary institutions is work with a certain category of convicts, whose behavior indicates the possibility of committing a new criminal offense while serving their sentence. There are three stages of individual preventive prevention of criminal offenses in closed penitentiary institutions. It has been proved that measures of individual prevention of criminal offenses in a criminal-executive institution are aimed at identifying convicted persons prone to committing new criminal offenses, as well as the implementation of preventive effects on them and the environment to prevent these offenses in a criminal-executive institution.
Keywords: The article reveals the scientific principles of individual preventive prevention of criminal offenses in closed penitentiary institutions. It is established that this problem is little studied at the level of scientific principles. It is noted that individual preventive prevention of criminal offenses in closed penitentiary institutions is work with a certain category of convicts, whose behavior indicates the possibility of committing a new criminal offense while serving their sentence. There are three stages of individual preventive prevention of criminal offenses in closed penitentiary institutions. It has been proved that measures of individual prevention of criminal offenses in a criminal-executive institution are aimed at identifying convicted persons prone to committing new criminal offenses, as well as the implementation of preventive effects on them and the environment to prevent these offenses in a criminal-executive institution.

TYPICAL INVESTIGATIVE SITUATIONS OF THE INITIAL STAGE OF INVESTIGATION OF INTENTIONAL SERIOUS DAMAGES CAUSED UNDER EXTREME EMOTIONAL DISTURBANCE

Inna Strok

Applicant at the Department of Criminal Procedure and Organization Pre-Trial Investigation
Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0002-5734-4352

Anotation. In the article, based on the forensic doctrine of the situational conditionality of the investigation of crimes, the investigative situations are singled out and typified, which usually arise at the initial stage of the investigation of serious injuries caused in a state of strong emotional excitement. According to the results of the study, three main typical investigative situations of the initial stage of the investigation of intentional grievous bodily harm caused in a state of strong emotional excitement were identified: 1) the victim and suspect were identified and the main circumstances of the event are known; 2) the fact of infliction of grievous bodily harm, the identity of the victim, but the identity of the offender is established; 3) the fact of infliction of bodily injuries is known, however the person of neither the victim, nor the criminal is not established.
Keywords: In the article, based on the forensic doctrine of the situational conditionality of the investigation of crimes, the investigative situations are singled out and typified, which usually arise at the initial stage of the investigation of serious injuries caused in a state of strong emotional excitement. According to the results of the study, three main typical investigative situations of the initial stage of the investigation of intentional grievous bodily harm caused in a state of strong emotional excitement were identified: 1) the victim and suspect were identified and the main circumstances of the event are known; 2) the fact of infliction of grievous bodily harm, the identity of the victim, but the identity of the offender is established; 3) the fact of infliction of bodily injuries is known, however the person of neither the victim, nor the criminal is not established.

NORMATIVE-LEGAL REGULATION OF INTERACTION OF DIVISIONS OF THE NATIONAL POLICE OF UKRAINE WITH THE SUBJECTS OF THE FIGHT AGAINST TERRORISMThe article, based on a critical analysis of the current legislation governing public relations in the security and defense sector of the state, considers the state of regulatory and legal support in the fight against terrorism and the organization and forms of interaction between the fight against terrorism. One of the key phenomena that makes it impossible or difficult to realize the national interests and preserve the national values of Ukraine is terrorism – a socially dangerous activity that consists in the deliberate, targeted use of violence by hostage-taking, arson, murder, torture, intimidation or other encroachments on the life or health of innocent people or threats to commit criminal acts in order to achieve criminal goals. The width of the facility as well as a wide range of subjects of counter-terrorism, although regulated by the Law of Ukraine “On Combating Terrorism”, which determines the legal and organizational basis of this fight and create a nationwide system of combating terrorist activities as organized in accordance with Legislation of Ukraine, the set of actors in the fight against terrorism and their capabilities in this area, which is endowed with system-forming factors, provides for the participation of central executive bodies within its competence, defined by laws and other regulations issued on their basis.

Hanna Turchanikova

Adjunct at the Department of Tactical Special Training
Dnipropetrovsk State University of Internal Affairs (Dnipro, Ukraine)

ORCID ID: 0000-0002-7379-3297

Anotation. The article, based on a critical analysis of the current legislation governing public relations in the security and defense sector of the state, considers the state of regulatory and legal support in the fight against terrorism and the organization and forms of interaction between the fight against terrorism. One of the key phenomena that makes it impossible or difficult to realize the national interests and preserve the national values of Ukraine is terrorism – a socially dangerous activity that consists in the deliberate, targeted use of violence by hostage-taking, arson, murder, torture, intimidation or other encroachments on the life or health of innocent people or threats to commit criminal acts in order to achieve criminal goals. The width of the facility as well as a wide range of subjects of counter-terrorism, although regulated by the Law of Ukraine “On Combating Terrorism”, which determines the legal and organizational basis of this fight and create a nationwide system of combating terrorist activities as organized in accordance with Legislation of Ukraine, the set of actors in the fight against terrorism and their capabilities in this area, which is endowed with system-forming factors, provides for the participation of central executive bodies within its competence, defined by laws and other regulations issued on their basis.
Keywords: The article, based on a critical analysis of the current legislation governing public relations in the security and defense sector of the state, considers the state of regulatory and legal support in the fight against terrorism and the organization and forms of interaction between the fight against terrorism. One of the key phenomena that makes it impossible or difficult to realize the national interests and preserve the national values of Ukraine is terrorism – a socially dangerous activity that consists in the deliberate, targeted use of violence by hostage-taking, arson, murder, torture, intimidation or other encroachments on the life or health of innocent people or threats to commit criminal acts in order to achieve criminal goals. The width of the facility as well as a wide range of subjects of counter-terrorism, although regulated by the Law of Ukraine “On Combating Terrorism”, which determines the legal and organizational basis of this fight and create a nationwide system of combating terrorist activities as organized in accordance with Legislation of Ukraine, the set of actors in the fight against terrorism and their capabilities in this area, which is endowed with system-forming factors, provides for the participation of central executive bodies within its competence, defined by laws and other regulations issued on their basis.

PECULIARITIES OF INTERACTION OF CUSTOMS AND LAW ENFORCEMENT AUTHORITIES IN THE PROCESS OF PREVENTING AND COMBATING SMUGGLING OF NARCOTIC DRUGS

Anastasiia Shalai

Applicant
Dnepropetrovsk State University of Internal Affairs (Dnipro, Ukraine)

ORCID ID: 0000-0002-6056-1411

Anotation. The article examines the features of interaction between customs and law enforcement agencies in the process of preventing and combating drug smuggling at both national and international levels. It is concluded that in addition to general theses, such as customs authorities in carrying out their tasks interact, including through the exchange of information with law enforcement agencies in the manner prescribed by law (Article 558 of the Customs Code of Ukraine), it would be desirable to have special thorough joint instructions, which would regulate in detail the issues of such interaction at the by-law level. It is proposed to accede to Annex X “Assistance in Combating Smuggling of Drugs and Psychotropic Substances” of the International Convention on Mutual Administrative Assistance in the Prevention, Investigation and Suppression of Violations of Customs Law of June 9, 1977.
Keywords: The article examines the features of interaction between customs and law enforcement agencies in the process of preventing and combating drug smuggling at both national and international levels. It is concluded that in addition to general theses, such as customs authorities in carrying out their tasks interact, including through the exchange of information with law enforcement agencies in the manner prescribed by law (Article 558 of the Customs Code of Ukraine), it would be desirable to have special thorough joint instructions, which would regulate in detail the issues of such interaction at the by-law level. It is proposed to accede to Annex X “Assistance in Combating Smuggling of Drugs and Psychotropic Substances” of the International Convention on Mutual Administrative Assistance in the Prevention, Investigation and Suppression of Violations of Customs Law of June 9, 1977.

THE CONCEPT, ESSENCE AND SIGNIFICANCE OF ADMINISTRATIVE LEGAL MEANS IN SECURITY ATMOSPHERIC AIR

Tetiana Shevchuk

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-1604-4484

Anotation. The article, based on the analysis of current legislation, available scientific, journalistic and methodological sources, including foreign experience, defines the concept, clarifies the essence and importance of administrative remedies in ensuring air safety. It is established that the essence of legal protection of atmospheric air is to limit those anthropogenic impacts on atmospheric air that have negative consequences for humans and the environment. The specific features inherent in administrative and legal means of air protection are outlined, including: the special sphere of influence of these means, which is associated with the use solely to preserve, improve and restore atmospheric air, prevent and reduce its pollution and chemical compounds, physical and biological factors; exclusive application only within the scope of administrative and legal relations arising during the protection of this natural component; availability of a wide range of subjects of application; domination among them of application of measures of control-supervisory and preventivecoercive character; predominant detail and development in departmental regulations and decisions of local authorities and local self-government; use in the application of technical and legal content and nature.
Keywords: The article, based on the analysis of current legislation, available scientific, journalistic and methodological sources, including foreign experience, defines the concept, clarifies the essence and importance of administrative remedies in ensuring air safety. It is established that the essence of legal protection of atmospheric air is to limit those anthropogenic impacts on atmospheric air that have negative consequences for humans and the environment. The specific features inherent in administrative and legal means of air protection are outlined, including: the special sphere of influence of these means, which is associated with the use solely to preserve, improve and restore atmospheric air, prevent and reduce its pollution and chemical compounds, physical and biological factors; exclusive application only within the scope of administrative and legal relations arising during the protection of this natural component; availability of a wide range of subjects of application; domination among them of application of measures of control-supervisory and preventivecoercive character; predominant detail and development in departmental regulations and decisions of local authorities and local self-government; use in the application of technical and legal content and nature.