Journal №1 (37) vol. 2 / 2021|KELM

LIST OF FILES

MORAL ATTITUDES AS A BASIC LEVEL OF PROFESSIONAL SELF-CONSCIOUSNESS OF A FUTURE TEACHER

Olha Sydorovych, Nadiya Hapon

Olha Sydorovych, Assistant at the Department of Special Education and Social Work Ivan Franko National University of Lviv (Lviv, Ukraine)
Nadiya Hapon, Doctor of Philosophy, Professor, Professor at the Department of Psychology Ivan Franko National University of Lviv (Lviv, Ukraine)

ORCID ID: 0000-0003-4420-5748; ORCID ID 0000-0002-8699-2420

Anotation. The article presents the author’s model of attitudes of professional self-consciousness of future teachers, and generalizes the types of attitudes of self-consciousness which form various individual moral philosophies and define ethical relations. Analysis of the professional profile of a university education specialist allowed to outline the most unconstructive (unfavorable) and constructive (favorable) attitudes of self-consciousness to the mission of a teacher in society. Non-constructive-utopian attitudes of self-consciousness were described: manipulative, narcissistic, relativistic and utilitarian. The constructive-realistic configuration of attitudes corresponding to the humanistic role of the teacher was characterized, namely, anticipatory, empathetic, altruistic and “golden rule” attitudes. The author analyzed the types of moral attitudes, or attitudes of self-consciousness on values of life, which make a basis of professional selfconsciousness of the teacher. The consequences of non-constructive-utopian configuration and the prospects of formation of constructive-realistic configurations were outlined.
Keywords: The article presents the author’s model of attitudes of professional self-consciousness of future teachers, and generalizes the types of attitudes of self-consciousness which form various individual moral philosophies and define ethical relations. Analysis of the professional profile of a university education specialist allowed to outline the most unconstructive (unfavorable) and constructive (favorable) attitudes of self-consciousness to the mission of a teacher in society. Non-constructive-utopian attitudes of self-consciousness were described: manipulative, narcissistic, relativistic and utilitarian. The constructive-realistic configuration of attitudes corresponding to the humanistic role of the teacher was characterized, namely, anticipatory, empathetic, altruistic and “golden rule” attitudes. The author analyzed the types of moral attitudes, or attitudes of self-consciousness on values of life, which make a basis of professional selfconsciousness of the teacher. The consequences of non-constructive-utopian configuration and the prospects of formation of constructive-realistic configurations were outlined.

TEXTUAL DIMENSION OF MUSICAL DISCOURSE: THEORETICAL ASPEKT

Iryna Piatnytska-Pozdniakova

Doctor of Art Studies, Associate Professor, Associate Professor at the Department of Musical Arts
V. O. Sukhomlynskyi Mykolaiv National University (Mykolaiv, Ukraine)

ORCID ID: 0000-0002-7211-1602

Anotation. The article is devoted to raising the complex issues of musical discourse, which functions in the context of artistic practice, realizing itself at the level of texts that take on a wide variety of forms. The methodology consists of changing the analytical perspective, which allows to identify and analyze the essential characteristics of musical discourse. The scientific novelty lies in the identification of mechanisms of interaction between discourse and musical texts. Research results. Attention is focused on musical discourse as a fixed event, in the context of which musical texts take the forms of resonant events and contribute to the renewal of musical traditions. Practical significance. The results of the study can be used for further research and development of the material, for courses of lectures on the theory of Ukrainian musical culture.
Keywords: The article is devoted to raising the complex issues of musical discourse, which functions in the context of artistic practice, realizing itself at the level of texts that take on a wide variety of forms. The methodology consists of changing the analytical perspective, which allows to identify and analyze the essential characteristics of musical discourse. The scientific novelty lies in the identification of mechanisms of interaction between discourse and musical texts. Research results. Attention is focused on musical discourse as a fixed event, in the context of which musical texts take the forms of resonant events and contribute to the renewal of musical traditions. Practical significance. The results of the study can be used for further research and development of the material, for courses of lectures on the theory of Ukrainian musical culture.

VOCAL PERFORMANCE IN THE CONTEMPORARY ART SPACE

Yang Feiyu

Postgraduate Student at the Department of Fine Arts, Musicology and Cultural Studies
Sumy State Pedagogical University named after A. S. Makarenko (Sumy, Ukraine)

ORCID ID: 0000-0002-2542-5828

Anotation. The article highlights the problem of vocal and performing creativity in the modern art space. The author examines the features of the modern period of development of vocal performance, focuses on the process of interaction between vocal performance creativity and socio-cultural factors. Particular attention is paid to examining the influence of sound recording on modern vocal performance, as well as characterizing the changes that have occurred due to this in vocal performing art. The role and importance of the sound engineer in the recording process, his influence on the final version of the interpretation, characterizes the means that he possesses, and which have an important influence on the creative process of the singer.
Keywords: The article highlights the problem of vocal and performing creativity in the modern art space. The author examines the features of the modern period of development of vocal performance, focuses on the process of interaction between vocal performance creativity and socio-cultural factors. Particular attention is paid to examining the influence of sound recording on modern vocal performance, as well as characterizing the changes that have occurred due to this in vocal performing art. The role and importance of the sound engineer in the recording process, his influence on the final version of the interpretation, characterizes the means that he possesses, and which have an important influence on the creative process of the singer.

THE CREATION OF THE CHILDREN’S COCHLEAR IMPLANT REHABILITATION COMPLEX: INNOVATIONS AND PROSPECTS

Olha Ivanchenko

Postgraduate Student at the Department of Social Philosophy and Management
Zaporizhzhia National University (Zaporizhzhia, Ukraine)

ORCID ID: 0000-0002-7148-0289

Anotation. The purpose of the research is to analyze basic concepts of foundation and functioning of the children’s cochlear implant rehabilitation complex. To achieve the purpose there were used the methods of analysis, synthesis, induction, deduction, typology, forecasting, secondary information processing, online survey, in-depth interview and content analysis, as well as narrative, logical, comparative, futuristic and retrospective ones. The article proves that the rehabilitation of children with CI should be carried out in a specialized institution – a rehabilitation complex – where children with CI can take courses in auditory, speech, psychosocial and physical recovery by receiving medical, psychological and cognitive, cultural animation, physiotherapy and social services. Logically, it is a synthesis of a rehabilitation center and a park creating conditions for combining indoor and outdoor types. The rehabilitation process of children with CI on its territory should be based on the verbotonal method, on hearing and logorhythmics, aesthetics and natural psychotherapy techniques.
Keywords: The purpose of the research is to analyze basic concepts of foundation and functioning of the children’s cochlear implant rehabilitation complex. To achieve the purpose there were used the methods of analysis, synthesis, induction, deduction, typology, forecasting, secondary information processing, online survey, in-depth interview and content analysis, as well as narrative, logical, comparative, futuristic and retrospective ones. The article proves that the rehabilitation of children with CI should be carried out in a specialized institution – a rehabilitation complex – where children with CI can take courses in auditory, speech, psychosocial and physical recovery by receiving medical, psychological and cognitive, cultural animation, physiotherapy and social services. Logically, it is a synthesis of a rehabilitation center and a park creating conditions for combining indoor and outdoor types. The rehabilitation process of children with CI on its territory should be based on the verbotonal method, on hearing and logorhythmics, aesthetics and natural psychotherapy techniques.

STATE GOVERNANCE IN THE FIELD OF CULTURE AS A WAY OF IDEOLOGIZATION OF SOCIETY

Oleh Chechel

Doctor of Science in Public Administration, Associate Professor, Professor
Institute of Public Administration and Personnel Policy of the National Academy of Culture and Arts Management (Kyiv, Ukraine)

ORCID ID: 0000-0002-5092-9593

Anotation. The article is devoted to the issues of practical implementation of state and administrative influence on the sphere of culture in order to introduce the ideologue into the public consciousness. The content and possibilities of state administration with an emphasis on the ideologization of Ukrainian society are revealed. Possibilities and spheres of application of state-administrative influence in the sphere of culture which provide the maximum efficiency of processes of ideologizing of a society are analyzed. The problem of possibility and expediency of formation of the state ideology and its propagation through the cultural sphere is investigated. The need of intensify state influence on cultural processes in order to form such ideologues that can increase the level of identity and national identity of the Ukrainian nation is proved.
Keywords: The article is devoted to the issues of practical implementation of state and administrative influence on the sphere of culture in order to introduce the ideologue into the public consciousness. The content and possibilities of state administration with an emphasis on the ideologization of Ukrainian society are revealed. Possibilities and spheres of application of state-administrative influence in the sphere of culture which provide the maximum efficiency of processes of ideologizing of a society are analyzed. The problem of possibility and expediency of formation of the state ideology and its propagation through the cultural sphere is investigated. The need of intensify state influence on cultural processes in order to form such ideologues that can increase the level of identity and national identity of the Ukrainian nation is proved.

REGARDING THE DEFINITION OF FEATURES AND TYPES OF MORTGAGE CERTIFICATES

Mariya Baurda

Assistant at the Department of Civil Law
National University “Odesa Law Academy” (Odesa, Ukraine)

ORCID ID: 0000-0003-1161-9784

Anotation. In the current environment, when the economy of most countries is characterized by imbalances and deteriorating macroeconomic indicators, reduced economic activity, including due to adverse economic conditions, one of the main conditions for economic development and welfare is the development of housing and improving longterm mechanisms. lending to the latter. As the experience of foreign countries shows, mortgage lending is one of the most reliable and effective ways to attract private investment in housing, and supporting its development helps to increase the effective demand of the population. At the state level, the development of the mechanism of mortgage lending allows to achieve and maintain a balance between the interests of society, which is to improve housing conditions, the banking system and creditors who are interested in efficiency.
Keywords: In the current environment, when the economy of most countries is characterized by imbalances and deteriorating macroeconomic indicators, reduced economic activity, including due to adverse economic conditions, one of the main conditions for economic development and welfare is the development of housing and improving longterm mechanisms. lending to the latter. As the experience of foreign countries shows, mortgage lending is one of the most reliable and effective ways to attract private investment in housing, and supporting its development helps to increase the effective demand of the population. At the state level, the development of the mechanism of mortgage lending allows to achieve and maintain a balance between the interests of society, which is to improve housing conditions, the banking system and creditors who are interested in efficiency.

INFORMATION SPACE AS A FACTOR INFLUENCING THE ELECTORAL BEHAVIOR OF VOTERS

Victor Berezenko

Postgraduate Student at the Department of Legal Psychology
National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0003-4881-4559

Anotation. The article presents the results of theoretical generalization and empirical study of the influence of information space on the electoral behavior of voters in modern Ukraine. It is substantiated that the opportunities for the formation of political-legal consciousness of voters today are most represented in the virtual world (Internet, social networks), the popularity of which exceeds the influence of all other media. Accordingly, the electorate is influenced not so much by the real actions and behavior of politicians as by their coverage on the Internet - information products, created by political technologists. Within the chosen concept of image, the idea of politics/political force is formed as those who are able to save the state from wandering and help the people to reach a qualitatively new standard of living. At the same time, efforts are being made to discredit other politicians, which allows them to look even better against their background. Another aspect of the problem of psychological influence is that there is a message of emotionally colored judgments, rather than the objective state of affairs. Accordingly, instead of informing, there is manipulation: imposing an attitude to the events of social life as opposed to giving the opportunity to work their own conclusions.
Keywords: The article presents the results of theoretical generalization and empirical study of the influence of information space on the electoral behavior of voters in modern Ukraine. It is substantiated that the opportunities for the formation of political-legal consciousness of voters today are most represented in the virtual world (Internet, social networks), the popularity of which exceeds the influence of all other media. Accordingly, the electorate is influenced not so much by the real actions and behavior of politicians as by their coverage on the Internet - information products, created by political technologists. Within the chosen concept of image, the idea of politics/political force is formed as those who are able to save the state from wandering and help the people to reach a qualitatively new standard of living. At the same time, efforts are being made to discredit other politicians, which allows them to look even better against their background. Another aspect of the problem of psychological influence is that there is a message of emotionally colored judgments, rather than the objective state of affairs. Accordingly, instead of informing, there is manipulation: imposing an attitude to the events of social life as opposed to giving the opportunity to work their own conclusions.

UNREGISTERED INDUSTRIAL DESIGN AS A WAY TO PROTECT FASHION DESIGNS

Mariia Bychkovska

Postgraduate Student at the Department of Intellectual Property
Taras Shevchenko National University of Kyiv (Kyiv, Ukraine)

ORCID ID: 0000-0002-5801-3539

Anotation. This article is devoted to a comprehensive study of the issues and specifics of the protection for the unregistered fashion designs. The essence and content of the legal nature of unregistered fashion designs is determined. The definition of a registered industrial design and an unregistered industrial design is given. The issue of formation and current state of the legal provisions for the protection of the unregistered industrial designs as a tool for the protection of fashion designs are determined and analyzed. The basic conditions for granting legal protection to an unregistered industrial design are determined and investigated. The different approaches to the possibility of obtaining cumulative protection for design in the field of fashion industry, which exist in different countries, are considered. On the basis of the following research positive and negative aspects of the unregistered design protection for the fashion designs are determined.
Keywords: This article is devoted to a comprehensive study of the issues and specifics of the protection for the unregistered fashion designs. The essence and content of the legal nature of unregistered fashion designs is determined. The definition of a registered industrial design and an unregistered industrial design is given. The issue of formation and current state of the legal provisions for the protection of the unregistered industrial designs as a tool for the protection of fashion designs are determined and analyzed. The basic conditions for granting legal protection to an unregistered industrial design are determined and investigated. The different approaches to the possibility of obtaining cumulative protection for design in the field of fashion industry, which exist in different countries, are considered. On the basis of the following research positive and negative aspects of the unregistered design protection for the fashion designs are determined.

THE ROLE AND PLACE OF OPERATIONAL INVESTIGATION IN THE ORGANIZATION OF SERVICE AND COMBAT ACTIVITY OF THE NATIONAL POLICE OF UKRAINE

Serhii Bolshakov

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

ORCID ID: 0000-0003-2237-7370

Anotation. The article, based on a critical analysis of current legislation governing public relations in the security and defense sector, analyzes the legal regulation of combat operations of the National Police of Ukraine and identifies the role and place of operational and investigative support in its organization. It was established that the issue of defining, content and interpretation of the concept of “operational and investigative support” was raised only in the framework of criminal proceedings, evidence, security of participants in criminal proceedings, investigative actions. The issue of operational and investigative support of combat and security activities of the security and defense sector of Ukraine, in general and the National Police of Ukraine, in particular, is not given enough attention and there are only a few attempts to study this phenomenon in the conduct of certain special tasks. Operational and search support of the service and combat activities of the National Police of Ukraine is a direct continuation of the tasks of daily operational and search activities, but with a shift in priorities to address preventive, active-counteracting and final tasks of police operations.
Keywords: The article, based on a critical analysis of current legislation governing public relations in the security and defense sector, analyzes the legal regulation of combat operations of the National Police of Ukraine and identifies the role and place of operational and investigative support in its organization. It was established that the issue of defining, content and interpretation of the concept of “operational and investigative support” was raised only in the framework of criminal proceedings, evidence, security of participants in criminal proceedings, investigative actions. The issue of operational and investigative support of combat and security activities of the security and defense sector of Ukraine, in general and the National Police of Ukraine, in particular, is not given enough attention and there are only a few attempts to study this phenomenon in the conduct of certain special tasks. Operational and search support of the service and combat activities of the National Police of Ukraine is a direct continuation of the tasks of daily operational and search activities, but with a shift in priorities to address preventive, active-counteracting and final tasks of police operations.

MORAL FUNDAMENTALS OF THE INVESTIGATOR'S INTERACTION WITH REPRESENTATIVES OF THE OPERATIONAL DEPARTMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

Mykola Borysenko

Head of the Sector for Prevention and Detection of Corruption
Ministry of Social Policy of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0003-4953-1227

Anotation. The article is devoted to clarifying moral issues during professional communication between investigators and operatives in criminal proceedings in Ukraine. Moral norms directly and daily influence the decision-making of persons performing criminal procedural functions and the environment. As a result, in the process of social development of the Ukrainian state, the tendency of harmonization of mechanisms of interpenetration of morality and law is revealed, which is connected with the nature of culture and the degree of civilization of society. Morality is more mobile than law, and therefore constantly requires changes in law. Procedural and non-procedural interaction of the investigator with the operational units is purposeful and is a close conglomerate. It is concluded that given the nature and degree of public danger of a criminal offense, the interaction can be short-term and long-term. Depending on the legal regulation, the forms of interaction are procedural (legal) and non-procedural (organizational), and the coordinated and operative interaction of the investigator with the National Police units is the key to the successful implementation of the tasks of criminal proceedings.
Keywords: The article is devoted to clarifying moral issues during professional communication between investigators and operatives in criminal proceedings in Ukraine. Moral norms directly and daily influence the decision-making of persons performing criminal procedural functions and the environment. As a result, in the process of social development of the Ukrainian state, the tendency of harmonization of mechanisms of interpenetration of morality and law is revealed, which is connected with the nature of culture and the degree of civilization of society. Morality is more mobile than law, and therefore constantly requires changes in law. Procedural and non-procedural interaction of the investigator with the operational units is purposeful and is a close conglomerate. It is concluded that given the nature and degree of public danger of a criminal offense, the interaction can be short-term and long-term. Depending on the legal regulation, the forms of interaction are procedural (legal) and non-procedural (organizational), and the coordinated and operative interaction of the investigator with the National Police units is the key to the successful implementation of the tasks of criminal proceedings.

FEATURES OF THE PROSECUTORS’ ASSESSMENT OF THE EXPERT’S DECISION CONTAINING CONCLUSIONS ON THE IMPOSSIBILITY OF SOLVING ISSUES ON THE SUBSTANCES

Andrіі Borovyk, Aleksandr Rubis

Andrіі Borovyk, PhD in Law, Associate Professor, Academician of Academy of Administrative and Legal Sciences, Professor at the Department of Criminal and Administrative Legal Sciences Academician Stepan Demianchuk International University of Economics and Humanities (Rivne, Ukraine)
Aleksandr Rubis, Doctor of Law, Professor, Professor at the Department of Criminal Procedure Academy of the Ministry of Internal Affairs of the Republic of Belarus (Minsk, Republic of Belarus)

ORCID ID: 0000-0003-1834-404X

Anotation. The expert opinion is the most important and widespread form of application of special knowledge that has evidentiary value in criminal proceedings. The fate of the participants in the process and the whole case depends in most cases on the effectiveness of detecting, seizing and fixing the trace picture of a crime, observing the procedural order of appointment and conducting forensic examinations, as well as on the means and methods used in these studies. First of all, any factual data obtained in the process of expert research should be an objective category. To evaluate this knowledge means to be able to check the relevance, admissibility and reliability of both the process of forensic knowledge itself and its results, set out in the conclusions. One of the most difficult situations in the appraisal activity of the prosecutor is the study and analysis of expert opinions, which contain conclusions about the impossibility of resolving the issue(s) on the merits. In the practice of law enforcement, such conclusions were called NPS – not possible. It may seem that the presence of conclusions in the expert opinion that contain the formulations of the NPS minimizes the very possibility of an effective assessment of the study, since this study, for one reason or another, was not possible to carry out properly. However, this judgment is incorrect. In accordance with the current legislation of the Republic of Belarus, the following cases may be grounds for NPS: limited scope of the expert’s special knowledge; provision by the initiator of the appointment of an examination of unsuitable (insufficient) materials for research; the state of science and expert practice; the lack of the necessary instrumentation base, etc. – that collectively or separately does not allow the expert to answer in essence the questions posed to him. As a rule, such a result as NPS can be obtained only at the final stage of the examination – at the stage of evaluating the research results and formulating conclusions. NPS is a form of expert conclusions, which should be formulated on the basis of an analysis of the results obtained during the production of all previous stages of the study, explaining the presence and origin of established facts (actual data), assessing these facts in order to explain the reasons for their origin and identify assessing these facts in order to explain the reasons for their origin and identify sufficient grounds for confirmation or refutation of the results of the study. In other words, the conclusion of the NPS can be obtained only after a full-fledged expert study, having reliably convinced of the impossibility of solving certain issues. But after all, in the practice of law enforcement, especially in the implementation of criminal prosecution processes, the issue of obtaining certain forensic expert studies is very often extremely acute, and the conclusion that it is impossible to resolve specific issues carries a double danger for the proving process: firstly, precious time that was, in a sense, wasted on expert study; secondly, the conclusions of the NPS entail even greater uncertainty, which cannot contribute to the correct adoption of further procedural decisions. In this regard, such an expert opinion should be thoroughly examined by the prosecutor.
Keywords: The expert opinion is the most important and widespread form of application of special knowledge that has evidentiary value in criminal proceedings. The fate of the participants in the process and the whole case depends in most cases on the effectiveness of detecting, seizing and fixing the trace picture of a crime, observing the procedural order of appointment and conducting forensic examinations, as well as on the means and methods used in these studies. First of all, any factual data obtained in the process of expert research should be an objective category. To evaluate this knowledge means to be able to check the relevance, admissibility and reliability of both the process of forensic knowledge itself and its results, set out in the conclusions. One of the most difficult situations in the appraisal activity of the prosecutor is the study and analysis of expert opinions, which contain conclusions about the impossibility of resolving the issue(s) on the merits. In the practice of law enforcement, such conclusions were called NPS – not possible. It may seem that the presence of conclusions in the expert opinion that contain the formulations of the NPS minimizes the very possibility of an effective assessment of the study, since this study, for one reason or another, was not possible to carry out properly. However, this judgment is incorrect. In accordance with the current legislation of the Republic of Belarus, the following cases may be grounds for NPS: limited scope of the expert’s special knowledge; provision by the initiator of the appointment of an examination of unsuitable (insufficient) materials for research; the state of science and expert practice; the lack of the necessary instrumentation base, etc. – that collectively or separately does not allow the expert to answer in essence the questions posed to him. As a rule, such a result as NPS can be obtained only at the final stage of the examination – at the stage of evaluating the research results and formulating conclusions. NPS is a form of expert conclusions, which should be formulated on the basis of an analysis of the results obtained during the production of all previous stages of the study, explaining the presence and origin of established facts (actual data), assessing these facts in order to explain the reasons for their origin and identify assessing these facts in order to explain the reasons for their origin and identify sufficient grounds for confirmation or refutation of the results of the study. In other words, the conclusion of the NPS can be obtained only after a full-fledged expert study, having reliably convinced of the impossibility of solving certain issues. But after all, in the practice of law enforcement, especially in the implementation of criminal prosecution processes, the issue of obtaining certain forensic expert studies is very often extremely acute, and the conclusion that it is impossible to resolve specific issues carries a double danger for the proving process: firstly, precious time that was, in a sense, wasted on expert study; secondly, the conclusions of the NPS entail even greater uncertainty, which cannot contribute to the correct adoption of further procedural decisions. In this regard, such an expert opinion should be thoroughly examined by the prosecutor.

RESTRICTIONS ON HUMAN RIGHTS AND FREEDOMS IN ACTIVITIES POLICE: FOREIGN EXPERIENCE

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. Considering that the current legislation of Ukraine has a certain dissonance in the regulation of procedures for legal restriction of human rights and freedoms, as well as the fact that the activities of the National Police of Ukraine are frequent violations of human rights and freedoms, the emergence of other negative factors professional policing, carried out scientific and theoretical analysis, firstly, international legal documents in the field of human rights and freedoms, and secondly, certain foreign theoretical concepts of development and understanding of the basics and principles of legal restriction of human rights and freedoms, in order to formulate a positive theoretical and legal experience, with the possibility of its further implementation in the activities of the National Police of Ukraine while ensuring respect for human rights and freedoms
Keywords: Considering that the current legislation of Ukraine has a certain dissonance in the regulation of procedures for legal restriction of human rights and freedoms, as well as the fact that the activities of the National Police of Ukraine are frequent violations of human rights and freedoms, the emergence of other negative factors professional policing, carried out scientific and theoretical analysis, firstly, international legal documents in the field of human rights and freedoms, and secondly, certain foreign theoretical concepts of development and understanding of the basics and principles of legal restriction of human rights and freedoms, in order to formulate a positive theoretical and legal experience, with the possibility of its further implementation in the activities of the National Police of Ukraine while ensuring respect for human rights and freedoms

HISTORIOGRAPHY OF THE STUDY OF THE FIGURE OF AUGUSTYN VOLOSHYN IN UKRAINIAN SCIENCE

Mykhailo Herevych

Lecturer at the Department of Theory and History of the State and Law of the Law Faculty
Uzhhorod National University (Uzhhorod, Ukraine)

ORCID ID: 0000-0002-0842-2828

Anotation. The article is devoted to the problem of the historiography of the study of the figure of Augustyn Voloshyn in Ukrainian science. The aim of the article is to characterize the main scientific researches of A. Voloshyn creative figure, to choose perspective directions of further scientific researches of his political and legal views, thoughts on the history of development of Transcarpathia, education of the region. Research methods are general scientific and special legal methods. Augustyn Voloshyn (1874–1945) is an outstanding figure in the recent history of the state and law of Ukraine at the end of the 19th and the first half of the 20th centuries. Undoubtedly significant is his multifaceted contribution to Ukrainian culture as a professional clergyman, teacher and scientist, theorist and practitioner of pedagogical and religious thought, a leading organizer and patron of the educational and cultural movement in Transcarpathia in the first half of the XX century. Having carefully analyzed the historiographical and source aspects, we note at the same time: among researchers of A. Voloshyn legacy there is a small group of critics, especially among humanities (historians and political scientists), who characterize the figure not deeply enough as a priest, teacher, scientist, politician.
Keywords: The article is devoted to the problem of the historiography of the study of the figure of Augustyn Voloshyn in Ukrainian science. The aim of the article is to characterize the main scientific researches of A. Voloshyn creative figure, to choose perspective directions of further scientific researches of his political and legal views, thoughts on the history of development of Transcarpathia, education of the region. Research methods are general scientific and special legal methods. Augustyn Voloshyn (1874–1945) is an outstanding figure in the recent history of the state and law of Ukraine at the end of the 19th and the first half of the 20th centuries. Undoubtedly significant is his multifaceted contribution to Ukrainian culture as a professional clergyman, teacher and scientist, theorist and practitioner of pedagogical and religious thought, a leading organizer and patron of the educational and cultural movement in Transcarpathia in the first half of the XX century. Having carefully analyzed the historiographical and source aspects, we note at the same time: among researchers of A. Voloshyn legacy there is a small group of critics, especially among humanities (historians and political scientists), who characterize the figure not deeply enough as a priest, teacher, scientist, politician.

DEFINITIVE COMPONENT OF ADMINISTRATIVE AND LEGAL SUPPORT OF INTERACTION OF ADMINISTRATIVE COURTS WITH PUBLIC ADMINISTRATION AUTHORITIES

Oleh Hresko

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-4149-4530

Anotation. The article reveals and analyzes the definitive component of administrative and legal support of interaction of administrative courts with public administration authorities and the public. In particular, the general category of “security” is analyzed, as well as scientific approaches to such legal categories as “legal security” and “administrative and legal security” are studied. It was found that administrative and legal support is a set of actions of public administration entities that ensure the normal functioning of the state through the issuance of regulations and government regulations and other organizational and administrative actions to influence public relations and protect interests, individuals and legal entities. It is determined that administrative and legal support of interaction of administrative courts with public administration authorities and the public is a complex system consisting of a set of administrative law rules governing the activities of public authorities in order to create appropriate conditions for interaction of administrative courts with public administration bodies and the public, as well as direct procedures for such interaction.
Keywords: The article reveals and analyzes the definitive component of administrative and legal support of interaction of administrative courts with public administration authorities and the public. In particular, the general category of “security” is analyzed, as well as scientific approaches to such legal categories as “legal security” and “administrative and legal security” are studied. It was found that administrative and legal support is a set of actions of public administration entities that ensure the normal functioning of the state through the issuance of regulations and government regulations and other organizational and administrative actions to influence public relations and protect interests, individuals and legal entities. It is determined that administrative and legal support of interaction of administrative courts with public administration authorities and the public is a complex system consisting of a set of administrative law rules governing the activities of public authorities in order to create appropriate conditions for interaction of administrative courts with public administration bodies and the public, as well as direct procedures for such interaction.

1939 IN THE ORGANIZATION AND ACTIVITIES OF THE POLICE OF UKRAINE AS SUBSYSTEMS OF THE NKVD OF THE USSR

Volodymyr Grechenko, Serhii Kozin, Vasyl Rossikhin

Volodymyr Grechenko, Doctor of Historical Sciences, Professor, Honored Worker of Education of Ukraine, Head of the Chair of Social and Humanitarian Sciences Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)
Vasyl Rossikhin, Doctor of Law, Professor, Honored Worker of Education of Ukraine, Vice-Rector for Innovation and Corporate Work and Administration Kharkiv National University of Radio Electronics (Kharkiv, Ukraine)
Serhii Kozin, PhD in Law, Senior Lecturer at the Department of Theory and History of State and Law National University of Life and Environmental Sciences of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0002-6046-0178, ORCID ID 0000-0001-7640-4579, ORCID ID 0000-0003-3423-8896

Anotation. The article examines issues related to changes in the organizational structure of the NKVD and the main aspects of police activities in 1939 – the year World War II began and the annexation of Western Ukraine and its accession to the Ukrainian SSR. These problems are insufficiently studied in the historical and legal literature. The issues of organizational strengthening and activity of the State Automobile Inspectorate, training for the police are covered. It is shown how some types of crimes were counteracted at that time, in particular in the field of economy. All major aspects of police activity were politicized, which was typical of the time. It is determined that in 1939 the police in Ukraine, as part of the NKVD, underwent a certain transformation and changes in structure. These changes mainly concerned the activities of the State Automobile Inspectorate, which has stepped up work to ensure traffic. This manifested itself, first of all, in the development and implementation of the general “Rules of the Road”. An attempt was made to improve the activities of criminal investigation by dividing it into operational and investigative and investigative parts. The next changes took place in the police uniform, which they tried to make more convenient. Large-scale work was carried out to establish NKVD departments and police bodies in the regions of Western Ukraine annexed to the USSR. They were to become, above all, strongholds of the Soviet totalitarian regime. Multifaceted activities were carried out to combat crime, including in the economic sphere, although it cannot be called completely successful.
Keywords: The article examines issues related to changes in the organizational structure of the NKVD and the main aspects of police activities in 1939 – the year World War II began and the annexation of Western Ukraine and its accession to the Ukrainian SSR. These problems are insufficiently studied in the historical and legal literature. The issues of organizational strengthening and activity of the State Automobile Inspectorate, training for the police are covered. It is shown how some types of crimes were counteracted at that time, in particular in the field of economy. All major aspects of police activity were politicized, which was typical of the time. It is determined that in 1939 the police in Ukraine, as part of the NKVD, underwent a certain transformation and changes in structure. These changes mainly concerned the activities of the State Automobile Inspectorate, which has stepped up work to ensure traffic. This manifested itself, first of all, in the development and implementation of the general “Rules of the Road”. An attempt was made to improve the activities of criminal investigation by dividing it into operational and investigative and investigative parts. The next changes took place in the police uniform, which they tried to make more convenient. Large-scale work was carried out to establish NKVD departments and police bodies in the regions of Western Ukraine annexed to the USSR. They were to become, above all, strongholds of the Soviet totalitarian regime. Multifaceted activities were carried out to combat crime, including in the economic sphere, although it cannot be called completely successful.

ADMINISTRATIVE AND LEGAL PROBLEMS OF ACCESS TO SERVICE IN LOCAL GOVERNMENT BODIES

Kimal Huseinov

Postgraduate Student at the Department of Administrative, Criminal Law and Procedure
International University of Business and Law (Kherson, Ukraine)

ORCID ID: 0000-0002-3301-5095

Anotation. The purpose of the article is to analyze the administrative and legal problems of citizens of Ukraine that arise in the process of exercising the right of access to service in local governments. In the article, the author proposes to consider that the conditions for exercising the right to serve in local governments are the circumstances established by the provisions of administrative and constitutional law, the existence of which gives a citizen the opportunity to exercise his subjective right, and the restrictions on the exercise of the right of access to service in local governments are circumstances provided by administrative law, during the existence of which the citizen is temporarily unable to exercise his subjective right. It is formulated that to talk about the conditions of exercising the right to access to service in local governments and separately – to limit the exercise of the right to access to service in local governments – is an approach that reflects the current legal regulation of our study.
Keywords: The purpose of the article is to analyze the administrative and legal problems of citizens of Ukraine that arise in the process of exercising the right of access to service in local governments. In the article, the author proposes to consider that the conditions for exercising the right to serve in local governments are the circumstances established by the provisions of administrative and constitutional law, the existence of which gives a citizen the opportunity to exercise his subjective right, and the restrictions on the exercise of the right of access to service in local governments are circumstances provided by administrative law, during the existence of which the citizen is temporarily unable to exercise his subjective right. It is formulated that to talk about the conditions of exercising the right to access to service in local governments and separately – to limit the exercise of the right to access to service in local governments – is an approach that reflects the current legal regulation of our study.

LEGAL STATUS OF A SELF-EMPLOYED PERSON AS A SUBJECT SOCIAL SECURITY

Tatiana Zhovnir

Postgraduate Student at the Department of Labor Law
Yaroslav Mudryi National Law University (Kharkiv, Ukraine)

ORCID ID: 0000-0003-3526-2273

Anotation. The relevance of the topic lies in the fact that in the law of social security of our time, theoretical and regulatory developments continue to reform approaches to the development of a range of its subjects and their legal status. The state today continues to play a guaranteeing and unifying role in the social security sphere, however, considerable attention is focused on the development of non-state forms of social security, which will make it the business of the whole society and each individual. It is important to offer, guarantee and encourage the opportunity for everyone to independently participate in the system of overcoming social risks. The article focuses on the need for scientific, theoretical and legislative developments to study the legal status of self-employed persons as subjects providing social security, it is noted that the need to ensure the active role of such entities in the provision of social security is actualized, and the development of effective forms of participation of self-employed persons in the provision of social security. It is proposed to consider the functioning of a self-employed person as a subject that provides social security in three forms, and analyzes the features of the legal regulation of the provision of social security by the listed persons for each of the identified forms. Some problems of the legal status of self-employed persons as subjects providing social security are highlighted.
Keywords: The relevance of the topic lies in the fact that in the law of social security of our time, theoretical and regulatory developments continue to reform approaches to the development of a range of its subjects and their legal status. The state today continues to play a guaranteeing and unifying role in the social security sphere, however, considerable attention is focused on the development of non-state forms of social security, which will make it the business of the whole society and each individual. It is important to offer, guarantee and encourage the opportunity for everyone to independently participate in the system of overcoming social risks. The article focuses on the need for scientific, theoretical and legislative developments to study the legal status of self-employed persons as subjects providing social security, it is noted that the need to ensure the active role of such entities in the provision of social security is actualized, and the development of effective forms of participation of self-employed persons in the provision of social security. It is proposed to consider the functioning of a self-employed person as a subject that provides social security in three forms, and analyzes the features of the legal regulation of the provision of social security by the listed persons for each of the identified forms. Some problems of the legal status of self-employed persons as subjects providing social security are highlighted.

ADMINISTRATIVE PROCEEDINGS IN UKRAINE: MAIN TYPES, STRUCTURES AND MODELS

Oksana Kapynos

Applicant at the Department of Administrative and Economic Law
Zaporizhzhia National University (Zaporizhzhia, Ukraine)

ORCID ID: 0000-0002-4971-7374

Anotation. The object of the study has become a complex of public relations that develop as in the process of administrative proceedings. The subject of the study are the theoretical and practical aspects of the functioning of the institutions of administrative legal proceedings and administrative process in the modern period. The purpose of the article is the study of the material and procedural aspects of administrative justice and the development of an administrative and judicial model of administrative procedural law as an emerging independent branch of Ukrainian law. Methods. The methodological basis of the research is general scientific and private scientific methods. Results. The article attempts to present administrative legal proceedings as the content of administrative procedural law. Practical value. The significance of the article allow unifying ideas about the administrative process and forming the most optimal model of legal regulation of administrative justice.
Keywords: The object of the study has become a complex of public relations that develop as in the process of administrative proceedings. The subject of the study are the theoretical and practical aspects of the functioning of the institutions of administrative legal proceedings and administrative process in the modern period. The purpose of the article is the study of the material and procedural aspects of administrative justice and the development of an administrative and judicial model of administrative procedural law as an emerging independent branch of Ukrainian law. Methods. The methodological basis of the research is general scientific and private scientific methods. Results. The article attempts to present administrative legal proceedings as the content of administrative procedural law. Practical value. The significance of the article allow unifying ideas about the administrative process and forming the most optimal model of legal regulation of administrative justice.

CRIMINAL RESPONSIBILITY FOR INFRINGEMENT OF LIFE AND HEALTH OF A LAW ENFORCEMENT OFFICER UNDER THE NORMS OF MODERN CRIMINAL LAW OF INDIVIDUAL STATES OF THE ROMANO-GERMANIC LEGAL FAMILY

Vladimir Kondratov

Applicant
Donetsk Law Institute of the Ministry of Internal Affairs of Ukraine

ORCID ID: 0000-0002-7657-6431

Anotation. Within the bounds of the given law study paper the author considered all necessary elements of criminal responsibility institution for infringement on law enforcement officer’s life and health under the present penal law provisions of Continental legal system particular national states. While considering the given research matter the author was using these national states valid criminal law instruments. It is noted that the modern criminal law of individual states of the Romano-Germanic legal family in one way or another, but contains substantive norms on criminal responsibility for criminal attacks on the life and health of certain representatives of the law enforcement system. The most striking example is the consideration of the dispositions, hypotheses and sanctions of the regulations contained in the articles of the current Criminal Code of Portugal, France and Bulgaria.
Keywords: Within the bounds of the given law study paper the author considered all necessary elements of criminal responsibility institution for infringement on law enforcement officer’s life and health under the present penal law provisions of Continental legal system particular national states. While considering the given research matter the author was using these national states valid criminal law instruments. It is noted that the modern criminal law of individual states of the Romano-Germanic legal family in one way or another, but contains substantive norms on criminal responsibility for criminal attacks on the life and health of certain representatives of the law enforcement system. The most striking example is the consideration of the dispositions, hypotheses and sanctions of the regulations contained in the articles of the current Criminal Code of Portugal, France and Bulgaria.

EFFICIENCY OF LEGAL REGULATION OF REMOTE AND HOMEWORK IMPLEMENTATION

Lyudmila Kupina

Candidate of Law, Professor at the Law and Branch Legal Disciplines Department of the Faculty of Political Science and Law
National Pedagogical Dragomanov University

ORCID ID: 0000-0002-5091-8333

Anotation. The purpose of the study is to identify areas for strengthening the effectiveness of legal regulation of remote and home-based work. Based on this goal, the author set such tasks as: 1) to determine the essence of the category “remote work”, “home work” in the mechanism of realization of the right of a person to work; 2) describe the features of payment for remote work or home work; 3) to establish directions of increase of efficiency of realization of principles of payment of work in the investigated sphere. The validity and reliability of the obtained scientific results are ensured by the use of a system of general philosophical, general scientific and special scientific methods of cognition. The decisive role in the study was played by general philosophical methods, among which the leading place is occupied by the dialectical method, the system-forming method, the method of forecasting. It is concluded that the level of wages is influenced by a set of macroeconomic and microeconomic external and internal factors, where the role of the latter is played by the level of labor productivity, scale and profitability of the enterprise, wage costs. It is emphasized that the achievement of the appropriate level of efficiency of labor law, which determines the mechanism of legal regulation of wages, should be based on the introduction of a system of public management of labor standards.
Keywords: The purpose of the study is to identify areas for strengthening the effectiveness of legal regulation of remote and home-based work. Based on this goal, the author set such tasks as: 1) to determine the essence of the category “remote work”, “home work” in the mechanism of realization of the right of a person to work; 2) describe the features of payment for remote work or home work; 3) to establish directions of increase of efficiency of realization of principles of payment of work in the investigated sphere. The validity and reliability of the obtained scientific results are ensured by the use of a system of general philosophical, general scientific and special scientific methods of cognition. The decisive role in the study was played by general philosophical methods, among which the leading place is occupied by the dialectical method, the system-forming method, the method of forecasting. It is concluded that the level of wages is influenced by a set of macroeconomic and microeconomic external and internal factors, where the role of the latter is played by the level of labor productivity, scale and profitability of the enterprise, wage costs. It is emphasized that the achievement of the appropriate level of efficiency of labor law, which determines the mechanism of legal regulation of wages, should be based on the introduction of a system of public management of labor standards.

CRIMINAL “PORTRAIT” OF THE PERSON OF THE CRIMINAL, WHO PECTS SCAMS UNDER THE PRETENTION OF BELIEFS AND PERFORMANCE OF RELIGIOUS RITUALS

Leonid Kuriata

Applicant at the Department of Criminology and Forensic Medicine
National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0001-9499-7013

Anotation. The article examines the general aspects of the formation of a forensic “portrait” of a person who commits fraud under the pretext of preaching doctrines and performing religious rites, and the possibility of its use in criminal proceedings. The categories of forensically significant information that can be used in the process of studying the identity of the offender, in particular: demographic information about the identity of the scammer; social and psychological signs of a scammer; information about the physical and physiological characteristics of the scammer. Fraudsters have been differentiated into certain types, depending on the chosen field of activity and method of fraudulent activities, and the following groups have been identified: fraudsters representing various religious cults, committing antisocial actions by provoking mass riots, in order to mislead victims and seize their material possessions; fraudsters who head foreign religious missions and their actions are aimed at receiving and using for their purposes undeclared donations of citizens; fraudsters who are leaders or adherents of neo-religious groups of foreign origin and, in order to obtain material values, use psychological tools to form in the victims a stable dependence on the cult; fraudsters, whose actions are aimed at selling to adherents of “substandard goods” by manipulating information.
Keywords: The article examines the general aspects of the formation of a forensic “portrait” of a person who commits fraud under the pretext of preaching doctrines and performing religious rites, and the possibility of its use in criminal proceedings. The categories of forensically significant information that can be used in the process of studying the identity of the offender, in particular: demographic information about the identity of the scammer; social and psychological signs of a scammer; information about the physical and physiological characteristics of the scammer. Fraudsters have been differentiated into certain types, depending on the chosen field of activity and method of fraudulent activities, and the following groups have been identified: fraudsters representing various religious cults, committing antisocial actions by provoking mass riots, in order to mislead victims and seize their material possessions; fraudsters who head foreign religious missions and their actions are aimed at receiving and using for their purposes undeclared donations of citizens; fraudsters who are leaders or adherents of neo-religious groups of foreign origin and, in order to obtain material values, use psychological tools to form in the victims a stable dependence on the cult; fraudsters, whose actions are aimed at selling to adherents of “substandard goods” by manipulating information.

ORGANIZATIONAL GUARANTEES OF THE EXERCISE OF THE RIGHTS OF PERSONS WITH SPECIAL EDUCATIONAL NEEDS: ADMINISTRATIVE-LEGAL PRINCIPLES

Olena Lys

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

ORCID ID: 0000-0001-9626-8340

Anotation. The article studies organizational guaranteeing the exercise of the rights of persons with special educational needs in the educational process. It is stressed that while describing the case of Ukraine in the relevant area, one can mark that the state creates conditions for obtaining an education, improving developmental disorder and social adaptation based on special pedagogical approaches. From the legal perspective, the above standpoint relies on a set of constitutional guarantees outlined in the Constitution of Ukraine and other statutory acts which exercise the children’s right to education. For instance, such statutory acts are represented by the Law of Ukraine “On Education”, “On Preschool Education” etc. These statutory sources specify, amplify the constitutional rights by extending the list of rights and freedoms through converting the constitutional rules into a guarantee running their provisions. Thus, guarantees are one of the challenging aspects of adequate application of legal rules, legitimacy, law order and other processes of legal activity. Organizational guarantees covering the organizational activity of state bodies towards the guarantee of exercising and protecting the rights of children with special educational needs and children with disabilities are regarded as special sort of guarantees. These guarantees cover measures of administrative and managerial nature, including: costs planning for maintaining educational institutions; education of children with special educational needs and children with disabilities; registration of children with special educational needs and children with school-age disabilities living in the relevant territory; organization of transport support of educational institutions for driving children with special educational needs and children with disabilities to school; if necessary, the administration of departmental control over the admission of children to school and the organization of the educational process and other activities. In the statutory context of legal regulation, the organizational guarantees outlined in the Law of Ukraine “On Education”, namely local self-government bodies, create conditions for obtaining preschool education through shaping and developing a network of education institutions; demanding training for academic staff; realizing educational programs of parental non-formal education; conducting other activities. The author concludes that a set of the constitutional guarantees needs additional organizational ones, which would encompass the activities of state authorities and local self-government to ensure exercising the rights of persons with special educational needs and their protection from illegal encroachments of others. Such guarantees should include administrative measures, i.e., the registration of children with special educational needs, budgeting organization, fulfilment of control and supervisory powers of public authorities regarding the procedure of admission and training of the mentioned category of persons in educational institutions. The inclusion of organizational guarantees as an additional element of constitutional guarantees reflects the activities of public authorities and local government, educational institutions and their officials ensuring the functioning of the mechanism for exercising the right to education and its protection. The studied guarantees must involve the state control over the activities of public authorities and their officials in terms of the obligations to protect and safeguard the rights of persons with special educational needs and persons with disabilities.
Keywords: The article studies organizational guaranteeing the exercise of the rights of persons with special educational needs in the educational process. It is stressed that while describing the case of Ukraine in the relevant area, one can mark that the state creates conditions for obtaining an education, improving developmental disorder and social adaptation based on special pedagogical approaches. From the legal perspective, the above standpoint relies on a set of constitutional guarantees outlined in the Constitution of Ukraine and other statutory acts which exercise the children’s right to education. For instance, such statutory acts are represented by the Law of Ukraine “On Education”, “On Preschool Education” etc. These statutory sources specify, amplify the constitutional rights by extending the list of rights and freedoms through converting the constitutional rules into a guarantee running their provisions. Thus, guarantees are one of the challenging aspects of adequate application of legal rules, legitimacy, law order and other processes of legal activity. Organizational guarantees covering the organizational activity of state bodies towards the guarantee of exercising and protecting the rights of children with special educational needs and children with disabilities are regarded as special sort of guarantees. These guarantees cover measures of administrative and managerial nature, including: costs planning for maintaining educational institutions; education of children with special educational needs and children with disabilities; registration of children with special educational needs and children with school-age disabilities living in the relevant territory; organization of transport support of educational institutions for driving children with special educational needs and children with disabilities to school; if necessary, the administration of departmental control over the admission of children to school and the organization of the educational process and other activities. In the statutory context of legal regulation, the organizational guarantees outlined in the Law of Ukraine “On Education”, namely local self-government bodies, create conditions for obtaining preschool education through shaping and developing a network of education institutions; demanding training for academic staff; realizing educational programs of parental non-formal education; conducting other activities. The author concludes that a set of the constitutional guarantees needs additional organizational ones, which would encompass the activities of state authorities and local self-government to ensure exercising the rights of persons with special educational needs and their protection from illegal encroachments of others. Such guarantees should include administrative measures, i.e., the registration of children with special educational needs, budgeting organization, fulfilment of control and supervisory powers of public authorities regarding the procedure of admission and training of the mentioned category of persons in educational institutions. The inclusion of organizational guarantees as an additional element of constitutional guarantees reflects the activities of public authorities and local government, educational institutions and their officials ensuring the functioning of the mechanism for exercising the right to education and its protection. The studied guarantees must involve the state control over the activities of public authorities and their officials in terms of the obligations to protect and safeguard the rights of persons with special educational needs and persons with disabilities.

THE CONCEPT AND ESSENCE OF THE BASES AND PRINCIPLE OF JUDICIARY (THEORETICAL ASPECT)

Valentyn Liubarskyi

Lecturer at the Department of Judiciary, Prosecuracy and Advocacy
Lviv University of Business and Law (Lviv, Ukraine)

ORCID ID: 0000-0002-3176-7242

Anotation. The article researches modern doctrinal approaches to notion and essence of the basis and principle of judicial proceedings. It is conducted an analysis of normative and legal acts where the principles of judicial proceedings are enshrined. It is analysed a legal meaning of notions “justice” and “judicial proceedings”. It is made a distinction between these notions. It is considered an issue of the essential content of notions “basis” and “principle”. The difference between these notions is proved. The author concludes that the constitutional provisions and provisions of the law on the judiciary clearly define the main and other bases of judicial proceedings. Procedural law norms do not always distinguish between bases and principles relating to the relevant type of judicial proceedings, often confusing their essence. Based on the conducted research, there have been formulated the further prospects for a development of proposals as for unification of legislative approaches to this issue.
Keywords: The article researches modern doctrinal approaches to notion and essence of the basis and principle of judicial proceedings. It is conducted an analysis of normative and legal acts where the principles of judicial proceedings are enshrined. It is analysed a legal meaning of notions “justice” and “judicial proceedings”. It is made a distinction between these notions. It is considered an issue of the essential content of notions “basis” and “principle”. The difference between these notions is proved. The author concludes that the constitutional provisions and provisions of the law on the judiciary clearly define the main and other bases of judicial proceedings. Procedural law norms do not always distinguish between bases and principles relating to the relevant type of judicial proceedings, often confusing their essence. Based on the conducted research, there have been formulated the further prospects for a development of proposals as for unification of legislative approaches to this issue.

LEGAL BASES OF ORGANIZATION OF ACTIVITIES OF PROSECUTOR’S OFFICES IN THE REPUBLIC OF POLAND: POSITIVE EXPERIENCE FOR UKRAINE

Roman Mazurik

Candidate of Law Science, Candidate of the Degree of Doctor of Laws
University of Customs and Finance (Dnipro, Ukraine)

ORCID ID: 0000-0001-9197-4844

Anotation. The scientific publication is devoted to the experience of administrative and legal support of the organization and activities of regional prosecutor's offices in the Republic of Poland, which has passed a difficult path of European integration and built an effective system of criminal justice bodies in the optimal time. The research methodology is based on an organic combination of philosophical, general scientific and special legal research methods. The positive experience of the organization of the prosecutor's office in the Republic of Poland, which is an example of successful integration of post-Soviet countries into the European Union and has a stable system of prosecutorial activity based on national traditions, taking into account the peculiarities of administrative-territorial division and high respect in society. In particular, it is expedient to borrow the Polish experience of organization and activity of regional prosecutor's offices, taking into account the extensive administrative-territorial division of the Republic of Poland, national legal traditions, as well as the level of legal awareness and legal culture. The positive experience of the Polish Prosecutor’s Office in organizing the activities of the military prosecutor's office, the functioning of electronic criminal proceedings, as well as in the field of anti-corruption is noteworthy.
Keywords: The scientific publication is devoted to the experience of administrative and legal support of the organization and activities of regional prosecutor's offices in the Republic of Poland, which has passed a difficult path of European integration and built an effective system of criminal justice bodies in the optimal time. The research methodology is based on an organic combination of philosophical, general scientific and special legal research methods. The positive experience of the organization of the prosecutor's office in the Republic of Poland, which is an example of successful integration of post-Soviet countries into the European Union and has a stable system of prosecutorial activity based on national traditions, taking into account the peculiarities of administrative-territorial division and high respect in society. In particular, it is expedient to borrow the Polish experience of organization and activity of regional prosecutor's offices, taking into account the extensive administrative-territorial division of the Republic of Poland, national legal traditions, as well as the level of legal awareness and legal culture. The positive experience of the Polish Prosecutor’s Office in organizing the activities of the military prosecutor's office, the functioning of electronic criminal proceedings, as well as in the field of anti-corruption is noteworthy.

ON LEGAL FORMS OF PROCEDURAL ACTIVITIES IN ADMINISTRATIVE PROCEEDINGS

Mykhailo Maletych

Candidate of Legal Sciences

ORCID ID: 0000-0002-2933-0623

Anotation. In this article author`s reviewed modern European and domestic approaches to understanding of the main forms of procedural activities in administrative proceedings. Author`s formulated a range of proposals as to development of administrative legal regulation of administrative proceedings and proposed to adopt a new general Law on administrative proceedings, with respect to European experience. Author’s criticized domestic experience of development of legal nature of administrative procedures and made an attempt to define conceptual basis for renewal of the essence and administrative legal regulation of administrative proceedings in Ukraine on the basis of the proposed in the European legislation legal forms of procedural activities in administrative proceedings.
Keywords: In this article author`s reviewed modern European and domestic approaches to understanding of the main forms of procedural activities in administrative proceedings. Author`s formulated a range of proposals as to development of administrative legal regulation of administrative proceedings and proposed to adopt a new general Law on administrative proceedings, with respect to European experience. Author’s criticized domestic experience of development of legal nature of administrative procedures and made an attempt to define conceptual basis for renewal of the essence and administrative legal regulation of administrative proceedings in Ukraine on the basis of the proposed in the European legislation legal forms of procedural activities in administrative proceedings.

PRINCIPLES OF ADMINISTRATIVE AND LEGAL SUPPORT OF PROSECUTORS’ INDEPENDENCE

Olga Maslova

Postgraduate Student at the Department of Public Law
Dnipro University of Technology (Dnipro, Ukraine)

ORCID ID: 0000-0002-7915-914X

Anotation. The purpose of the scientific article is to clarify the system of principles of administrative and legal support for the independence of prosecutors in Ukraine. The implementation of the functions of the Prosecutor of Ukraine is directly related to the definition of the content of his competence in general, and in particular, the establishment of a system of guarantees of independence of his activities. Based on the study of scientific and theoretical approaches to understanding the category of “functions of the prosecutor’s office” the following conclusions are made: first, the functions of the prosecutor’s office – is a certain type of its activities; secondly, the implementation of such activities contributes to the implementation of relevant tasks and is aimed at achieving socially useful goals, and therefore reflects the specifics of its activities; thirdly, the functions of the prosecutor’s office are determined by specific historical and social conditions of development; fourth, the effectiveness of the prosecutor’s office requires the use of specific forms and methods of activity; fifth, the implementation of the functions of the prosecutor’s office is limited by the scope of powers established by current legislation. It is determined that the implementation of the human rights function of the state in foreign countries is carried out in the form of such models of the prosecutor’s office as: 1) the implementation of legal protection of the state, society and individuals takes place exclusively within criminal proceedings (UK, Italy); 2) the prosecutor’s office protects the interests of socially vulnerable groups (the Federal Republic of Germany, the Republic of Poland, the United States of America, the French Republic); 3) the prosecutor’s office performs the functions of protection of both the state and socially vulnerable groups (Brazil, Ukraine, Moldova); 4) the prosecutor’s office carries out general supervision (Republic of Belarus, Vietnam, People’s Republic of China).
Keywords: The purpose of the scientific article is to clarify the system of principles of administrative and legal support for the independence of prosecutors in Ukraine. The implementation of the functions of the Prosecutor of Ukraine is directly related to the definition of the content of his competence in general, and in particular, the establishment of a system of guarantees of independence of his activities. Based on the study of scientific and theoretical approaches to understanding the category of “functions of the prosecutor’s office” the following conclusions are made: first, the functions of the prosecutor’s office – is a certain type of its activities; secondly, the implementation of such activities contributes to the implementation of relevant tasks and is aimed at achieving socially useful goals, and therefore reflects the specifics of its activities; thirdly, the functions of the prosecutor’s office are determined by specific historical and social conditions of development; fourth, the effectiveness of the prosecutor’s office requires the use of specific forms and methods of activity; fifth, the implementation of the functions of the prosecutor’s office is limited by the scope of powers established by current legislation. It is determined that the implementation of the human rights function of the state in foreign countries is carried out in the form of such models of the prosecutor’s office as: 1) the implementation of legal protection of the state, society and individuals takes place exclusively within criminal proceedings (UK, Italy); 2) the prosecutor’s office protects the interests of socially vulnerable groups (the Federal Republic of Germany, the Republic of Poland, the United States of America, the French Republic); 3) the prosecutor’s office performs the functions of protection of both the state and socially vulnerable groups (Brazil, Ukraine, Moldova); 4) the prosecutor’s office carries out general supervision (Republic of Belarus, Vietnam, People’s Republic of China).

THEORY AND PRACTICE OF APPLICATION BY NOTARY THE ANALOGIA LEGIS AND ANALOGIA IURIS

Victoriia Orzikh

Private Notary Odesa City Notarial District,
Postgraduate Student at the Department of Civil Law National University “Odesa Law Academy” (Odesa, Ukraine)

ORCID ID: 0000-0003-4904-0129

Anotation. Gaps in law are an intrinsic part of the legislative regulation of social relations. The imperfection of legal techniques is manifested in the process of the application of law, in the circumstances of specific situations in everyday life. The notary, as a subject who authorized to apply law, has the statutory authority to resolve life situations that are in the legal field. In practice, the notary, as well as other entities, faces incompleteness, imperfections of regulations and, consequently, gaps in the law. The analogy of legislation (analogia legis) and the analogy of law (analogia iuris) is one way of bridging the gap. It is determined that the analogy is called to resolve a certain situation not the certain gap as a whole. In order to confirm the theoretical conclusions, examples from practice were illustrated, in which the notary had to apply the analogy.
Keywords: Gaps in law are an intrinsic part of the legislative regulation of social relations. The imperfection of legal techniques is manifested in the process of the application of law, in the circumstances of specific situations in everyday life. The notary, as a subject who authorized to apply law, has the statutory authority to resolve life situations that are in the legal field. In practice, the notary, as well as other entities, faces incompleteness, imperfections of regulations and, consequently, gaps in the law. The analogy of legislation (analogia legis) and the analogy of law (analogia iuris) is one way of bridging the gap. It is determined that the analogy is called to resolve a certain situation not the certain gap as a whole. In order to confirm the theoretical conclusions, examples from practice were illustrated, in which the notary had to apply the analogy.

ON THE QUESTION OF FURTHER IMPROVEMENT OF ADMINISTRATIVE REGULATION OF THE SYSTEM OF LOCAL GOVERNMENT BODIES IN UKRAINE

Vasyl Pylypiv

Postgraduate Student at the Department of Administrative and Entrepreneurship Law
Zaporizhzhia National University (Zaporizhzhia, Ukraine)

ORCID ID: 0000-0001-8348-0289

Anotation. The purpose of the article is to analyze the Law of Ukraine “On Service in Local Self-Government Bodies” of June 7, 2001, taking into account the current state of development of society and the state. It should be recommended to include in the Law “On Service in Local Self-Government Bodies” at least the provisions on: − public authority, which carries out the general management of the service in local governments (such as Section III “Management of the Civil Service” of the Law of Ukraine of December 10, 2015 “On Civil Service”; − about additional features of remuneration, recreation, etc., incentives and labor guarantees for those who are in the service of local governments (such as Section VI “Remuneration, incentives and social guarantees” of the Law of Ukraine of December 10, 2015 “On Civil Service”); − provisions on the peculiarities of service in local self-government bodies in elected positions, which are replaced in local elections (such as Section X “Features of civil service in certain state bodies. Patronage service” of the Law of Ukraine of December 10, 2015 “On Civil Service”).
Keywords: The purpose of the article is to analyze the Law of Ukraine “On Service in Local Self-Government Bodies” of June 7, 2001, taking into account the current state of development of society and the state. It should be recommended to include in the Law “On Service in Local Self-Government Bodies” at least the provisions on: − public authority, which carries out the general management of the service in local governments (such as Section III “Management of the Civil Service” of the Law of Ukraine of December 10, 2015 “On Civil Service”; − about additional features of remuneration, recreation, etc., incentives and labor guarantees for those who are in the service of local governments (such as Section VI “Remuneration, incentives and social guarantees” of the Law of Ukraine of December 10, 2015 “On Civil Service”); − provisions on the peculiarities of service in local self-government bodies in elected positions, which are replaced in local elections (such as Section X “Features of civil service in certain state bodies. Patronage service” of the Law of Ukraine of December 10, 2015 “On Civil Service”).

CRITERIA FOR THE APPLICABILITY OF APPLICATION OF MEASURES TO ENSURE AN ADMINISTRATIVE CLAIM

Nadiia Poberezhna

Applicant at the Department of Administrative, Criminal Law and Process
International University of Business and Law (Kherson, Ukraine)

ORCID ID: 0000-0002-4894-8007

Anotation. It is established that the purpose of securing an administrative claim is to guarantee the execution of a court decision in the field of public relations. It is substantiated that the purpose of normative consolidation of the institution of securing a claim in administrative proceedings is to guarantee a real, prompt, consistent and execution of a court decision in the maximum possible full amount. It is determined that the provision of an administrative claim must meet the criteria of proportionality, adequacy, proportionality and admissibility. It is emphasized that the decision in the case to secure the claim refers to the manifestations of the procedural discretion of the court, which determines the dominance in its implementation of the criteria of internal conviction as criteria for its effectiveness. It is emphasized that the formation of the inner conviction of the judge in making a decision on securing the claim should be based on the implementation of a full objective impartial study of the case file. It is concluded that securing an administrative lawsuit should primarily pursue the goal of achieving a balance of private and public interests.
Keywords: It is established that the purpose of securing an administrative claim is to guarantee the execution of a court decision in the field of public relations. It is substantiated that the purpose of normative consolidation of the institution of securing a claim in administrative proceedings is to guarantee a real, prompt, consistent and execution of a court decision in the maximum possible full amount. It is determined that the provision of an administrative claim must meet the criteria of proportionality, adequacy, proportionality and admissibility. It is emphasized that the decision in the case to secure the claim refers to the manifestations of the procedural discretion of the court, which determines the dominance in its implementation of the criteria of internal conviction as criteria for its effectiveness. It is emphasized that the formation of the inner conviction of the judge in making a decision on securing the claim should be based on the implementation of a full objective impartial study of the case file. It is concluded that securing an administrative lawsuit should primarily pursue the goal of achieving a balance of private and public interests.

REGARDING THE ISSUES OF THE PECULIARITIES OF LEGAL RELATIONS ARISING FROM THE INFLICTION OF MORAL DAMAGE IN THE IMPLEMENTATION OF TRANSPORT BY RAIL

Rostyslav Sirko

PhD in Law, Associate Professor, Director Chernivtsi Institute
International Humanitarian University

ORCID ID: 0000-0002-9698-5865

Anotation. This article reveals the peculiarities of legal relations arising from the infliction of moral damage in the implementation of transportation by rail. It is noted that a passenger who has suffered as a result of the detention or arrival of a vehicle has the right to exercise his right to protection of his violated rights, provided, in particular, by the Law of Ukraine “On Consumer Protection”, demanding compensation for non-pecuniary damage. However, it is necessary to develop and classify the grounds for compensation for non-pecuniary damage to the passenger depending on the type of violation committed by the carrier. In case of injury to life or health of a passenger, the railway is liable to the passenger according to the rules established by Chapter 82 of the Civil Code of Ukraine. In the interests of protecting the rights of passengers, the law, despite the existence of a contract in this case, establishes for passenger transport non-contractual (tort) liability of the railway in case of injury to life or health of the passenger.
Keywords: This article reveals the peculiarities of legal relations arising from the infliction of moral damage in the implementation of transportation by rail. It is noted that a passenger who has suffered as a result of the detention or arrival of a vehicle has the right to exercise his right to protection of his violated rights, provided, in particular, by the Law of Ukraine “On Consumer Protection”, demanding compensation for non-pecuniary damage. However, it is necessary to develop and classify the grounds for compensation for non-pecuniary damage to the passenger depending on the type of violation committed by the carrier. In case of injury to life or health of a passenger, the railway is liable to the passenger according to the rules established by Chapter 82 of the Civil Code of Ukraine. In the interests of protecting the rights of passengers, the law, despite the existence of a contract in this case, establishes for passenger transport non-contractual (tort) liability of the railway in case of injury to life or health of the passenger.

COUNTERPARTY FICTITIOUSNESS AND TAX BENEFITS FOR THE TAXPAYER: AN ANALYSIS OF LEGAL POSITIONS OF THE SUPREME COURT

Yevhen Smychok

Ph. D. in Law, Doctoral Student at the Department of Financial Law
Yaroslav Mudryi National Law University (Kharkiv, Ukraine)

ORCID ID: 0000-0001-7040-6223

Anotation. In the provisions of the scientific article, the author analyzes the legal positions of the Supreme Court in the aspect of fictitious counterparty and tax benefits of the taxpayer. Thus, the relevant legal positions can divided into three blocks: 1) lack of labor and material resources. We are talking about taxpayers who do not have their own labor and/ or material resources to carry out economic activities. Accordingly, the controlling authority shall question the tax benefits of the counterparties of such taxpayers; 2) the principle of individual responsibility. It means that the taxpayer should not exposed to negative consequences in case of violation of the provisions of the tax law by other taxpayers; 3) legal assessment of protocols of interrogation of officials of counterparties, a verdict or ruling on the dismissal of the responsible person from criminal liability in criminal proceedings on the fact of fictitious entrepreneurship.
Keywords: In the provisions of the scientific article, the author analyzes the legal positions of the Supreme Court in the aspect of fictitious counterparty and tax benefits of the taxpayer. Thus, the relevant legal positions can divided into three blocks: 1) lack of labor and material resources. We are talking about taxpayers who do not have their own labor and/ or material resources to carry out economic activities. Accordingly, the controlling authority shall question the tax benefits of the counterparties of such taxpayers; 2) the principle of individual responsibility. It means that the taxpayer should not exposed to negative consequences in case of violation of the provisions of the tax law by other taxpayers; 3) legal assessment of protocols of interrogation of officials of counterparties, a verdict or ruling on the dismissal of the responsible person from criminal liability in criminal proceedings on the fact of fictitious entrepreneurship.

PRINCIPLES OF INTERACTION OF THE NATIONAL ANTI-CORRUPTION BUREAU OF UKRAINE WITH THE SUBJECTS OF PUBLIC GOVERNANCE AND PUBLIC

Oleh Sorskyi

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

ORCID ID: 0000-0002-3514-4380

Anotation. This article considers the basic principles of interaction of the National Anti-Corruption Bureau of Ukraine with the subjects of public administration and the public and classifies these principles into general and special. It has been proved that, in essence, most of the information used by the National Anti-Corruption Bureau of Ukraine is official and it is important to establish such principles of cooperation that the public and the public are aware of NABU’s activities. operational actions. The author’s definition of the concept “principles of interaction of the National Anti-Corruption Bureau of Ukraine” is formulated. Based on the analysis, the main special principles of cooperation of the National Anti- Corruption Bureau of Ukraine are identified, namely: 1) the principle of confidentiality; 2) the principle of transparency; 3) the principle of external communication and additional special principles: 1) efficiency; 2) productivity; 3) flexibility
Keywords: This article considers the basic principles of interaction of the National Anti-Corruption Bureau of Ukraine with the subjects of public administration and the public and classifies these principles into general and special. It has been proved that, in essence, most of the information used by the National Anti-Corruption Bureau of Ukraine is official and it is important to establish such principles of cooperation that the public and the public are aware of NABU’s activities. operational actions. The author’s definition of the concept “principles of interaction of the National Anti-Corruption Bureau of Ukraine” is formulated. Based on the analysis, the main special principles of cooperation of the National Anti- Corruption Bureau of Ukraine are identified, namely: 1) the principle of confidentiality; 2) the principle of transparency; 3) the principle of external communication and additional special principles: 1) efficiency; 2) productivity; 3) flexibility

CONCEPT AND CONTENT OF CRIMINAL OFFENCES COMMITTED IN CRIMINAL-EXECUTIVE INSTITUTIONS IN UKRAINE

Yan Strelyuk

Ph. D. in 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 concept and content of criminal offenses committed in closed penitentiary institutions. There are three groups of criminal offenses committed in closed criminal institutions. A thorough analysis of the positions of domestic and foreign scientists on the problem of committing closed criminal offenses in penitentiary institutions. The author’s definition of a criminal offense committed in these institutions is formulated. It is determined that among the most important theoretical and practical issues that have influenced judicial and executive practice and that now need to be studied and researched, we include the commission of high-profile criminal offenses by convicts in a correctional colony, such as: “malicious disobedience to penitentiary administration” (Article 391 of the Criminal Code of Ukraine); “actions that disorganize the work of penitentiary institutions” (Article 392 of the Criminal Code of Ukraine); escape from the place of imprisonment or from custody (Article 393 of the Criminal Code of Ukraine).
Keywords: The article reveals the concept and content of criminal offenses committed in closed penitentiary institutions. There are three groups of criminal offenses committed in closed criminal institutions. A thorough analysis of the positions of domestic and foreign scientists on the problem of committing closed criminal offenses in penitentiary institutions. The author’s definition of a criminal offense committed in these institutions is formulated. It is determined that among the most important theoretical and practical issues that have influenced judicial and executive practice and that now need to be studied and researched, we include the commission of high-profile criminal offenses by convicts in a correctional colony, such as: “malicious disobedience to penitentiary administration” (Article 391 of the Criminal Code of Ukraine); “actions that disorganize the work of penitentiary institutions” (Article 392 of the Criminal Code of Ukraine); escape from the place of imprisonment or from custody (Article 393 of the Criminal Code of Ukraine).

INTERNATIONAL EXPERIENCE OF TEMPORARY ACCESS TO THINGS AND DOCUMENTS AS A MEASURE TO ENSURE CRIMINAL PROCEEDINGS

Anton Chub

Doctor of Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-6661-4799

Anotation. The relevance of the article is that the comparison of the basics of criminal procedural law of Ukraine with international law and legislation of other countries contributes to the improvement of current legislation by borrowing certain legal institutions, enriching the legal culture, identifies some ways to improve criminal procedural legislation of Ukraine. Temporary access to things and documents is an independent type in the system of security measures in criminal proceedings, and the specifics of its implementation is that the legislator provides for the need to obtain court permission if there is no voluntary consent of the person to extradite a particular item. The article provides a comparative legal study of the basics of criminal procedural law of Ukraine with international law and legislation of other countries to ensure the implementation of measures to ensure criminal proceedings, namely temporary access to things and documents. The modern domestic normative base regulating the order of carrying out of measures of maintenance of criminal proceedings is investigated. A system of international legal acts in the field of providing temporary access to things and documents has been established, taking into account the principle of protection of human rights and freedoms, the gravity of crimes committed by offenders and other factors.
Keywords: The relevance of the article is that the comparison of the basics of criminal procedural law of Ukraine with international law and legislation of other countries contributes to the improvement of current legislation by borrowing certain legal institutions, enriching the legal culture, identifies some ways to improve criminal procedural legislation of Ukraine. Temporary access to things and documents is an independent type in the system of security measures in criminal proceedings, and the specifics of its implementation is that the legislator provides for the need to obtain court permission if there is no voluntary consent of the person to extradite a particular item. The article provides a comparative legal study of the basics of criminal procedural law of Ukraine with international law and legislation of other countries to ensure the implementation of measures to ensure criminal proceedings, namely temporary access to things and documents. The modern domestic normative base regulating the order of carrying out of measures of maintenance of criminal proceedings is investigated. A system of international legal acts in the field of providing temporary access to things and documents has been established, taking into account the principle of protection of human rights and freedoms, the gravity of crimes committed by offenders and other factors.

STRUCTURAL AND FUNCTIONAL MODEL OF THE DEVELOPMENT OF PSYCHOLOGICAL READINESS OF SOLDIERS OF TANK UNITS TO PERFORM COMBAT TASKS

Olga Yurkova

Postgraduate Student at the Department of Moral and Psychological Support of Troops (Forces)
National Defence University of Ukraine named after Ivan Cherniakhovskyi (Kyiv, Ukraine)

ORCID ID: 0000-0002-5679-6584

Anotation. The article reviews the issue of developing psychological readiness of tank crew to perform combat tasks. The paper outlines four components of the psychological readiness of a tanker: motivational, strong-willed, personal, and functional. Utilizing the system approach, the structural and functional model is modeled and theoretically justified. The model defines stable relationships between components and objective and subjective influence factors; correlation between the establishment of components and the success of combat tasks; periodization of the development of these components. Five levels of development of psychological readiness of the tank crew are determined and justified: low, satisfactory, medium, sufficient and high. Differentiation of soldiers by level characteristics provides an opportunity for greater involvement of them in those types of combat tasks where they will act in the most effective way, as well as ensuring the preservation of their mental well-being during the performance of the tasks. This information will be especially valuable during forming-up in the case of planning combat operations.
Keywords: The article reviews the issue of developing psychological readiness of tank crew to perform combat tasks. The paper outlines four components of the psychological readiness of a tanker: motivational, strong-willed, personal, and functional. Utilizing the system approach, the structural and functional model is modeled and theoretically justified. The model defines stable relationships between components and objective and subjective influence factors; correlation between the establishment of components and the success of combat tasks; periodization of the development of these components. Five levels of development of psychological readiness of the tank crew are determined and justified: low, satisfactory, medium, sufficient and high. Differentiation of soldiers by level characteristics provides an opportunity for greater involvement of them in those types of combat tasks where they will act in the most effective way, as well as ensuring the preservation of their mental well-being during the performance of the tasks. This information will be especially valuable during forming-up in the case of planning combat operations.

ADMINISTRATIVE AND LEGAL REGULATION OF REORGANIZATION OF BANKING INSTITUTIONS IN UKRAINE

Lesya Vasylieva

Court Session Secretary
Southwestern Commercial Court of Appeals (Odessa, Ukraine)

ORCID ID: 0000-0002-2133-1015

Anotation. Despite the fact that banking institutions are guided by economic and organizational relevance and make decisions on reorganization on their own, administrative and legal regulation is applied to the relations that form in the process of reorganization of banking institutions by public authority. This is due to a significant influence of banks on economic situation and a possibility of causing potential damage to state and public interests. Reorganization of banking institutions facilitates the recovery of a bank system, provides its stability and development.
Keywords: Despite the fact that banking institutions are guided by economic and organizational relevance and make decisions on reorganization on their own, administrative and legal regulation is applied to the relations that form in the process of reorganization of banking institutions by public authority. This is due to a significant influence of banks on economic situation and a possibility of causing potential damage to state and public interests. Reorganization of banking institutions facilitates the recovery of a bank system, provides its stability and development.

CURRENT DEFECTS OF LEGAL REGULATION OF TRANSPORT TAX AND WAYS TO REMOVE THEM

Daria Klimenko

postgraduate student of the Department of Financial Law
Yaroslav the Wise National Law University (Kharkiv, Ukraine)

ORCID ID: 0000-0002-6364-0289

Anotation. This article examines the issues that analyze the bills in the field of vehicle taxation. At this stage, they have not yet entered into force, but already have gaps. Based on the analysis of the definition of "movable property" as a special type of property, it is established that vehicles are currently the only type of tax on movable property in tax law. It is stated that with the introduction of the tax on "luxury" vehicles will be subject to double taxation. The author of the article also considered the issue of the absence of a norm as an environmental component for vehicles in the current legal mechanism, which is relevant because it is associated with gaps in the norm that regulate this issue. Because one of the factors that affects the environment and environmental change is cars. The author came to the conclusion that there are two ways to solve or start overcoming the problem. Firstly, create a mechanism of legal regulation, which combines two different areas of regulation (environmental and tax), which do not contradict, but complement each other. Secondly, to supplement or amend existing regulations on this issue.
Keywords: This article examines the issues that analyze the bills in the field of vehicle taxation. At this stage, they have not yet entered into force, but already have gaps. Based on the analysis of the definition of "movable property" as a special type of property, it is established that vehicles are currently the only type of tax on movable property in tax law. It is stated that with the introduction of the tax on "luxury" vehicles will be subject to double taxation. The author of the article also considered the issue of the absence of a norm as an environmental component for vehicles in the current legal mechanism, which is relevant because it is associated with gaps in the norm that regulate this issue. Because one of the factors that affects the environment and environmental change is cars. The author came to the conclusion that there are two ways to solve or start overcoming the problem. Firstly, create a mechanism of legal regulation, which combines two different areas of regulation (environmental and tax), which do not contradict, but complement each other. Secondly, to supplement or amend existing regulations on this issue.

ORGANIZATIONAL AND LEGAL FRAMEWORK FOR ENSURING THE EFFICIENCY OF PUBLIC ADMINISTRATION IN THE UKRAINIAN TERRITORIES: A RETROSPECTIVE ANALYSIS

Dmytro Myrnyi

Applicant for the Department of General Legal Disciplines
Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0002-0121-8066

Anotation. The scientific article is devoted to a comprehensive study of organizational and legal aspects of ensuring the effectiveness of public administration in the Ukrainian territories in terms of retrospective analysis. It argued that the theoretical and legal basis for ensuring the effectiveness of public administration in the Ukrainian territories allows us to conclude that based on the essential understanding of an effective state, the most accepted model is a state with a democratic political regime, which implies freedom of choice to make effective decisions rights and freedoms of the individual provided on the basis of the following principles of public administration as: separation of powers; decentralization; deconcentrating; equality; legality; mutual responsibility of the state and the individual; economic freedom; state regulation; social justice; individual freedom; openness of state power in general. This understanding of efficiency allows us to reveal the functional purpose of the state apparatus as an organization of public administration basis of mandatory, regulated by law procedures designed to ensure the balance of interests of the individual and society as a whole. Attention focused on the fact that at the present stage of development of the Ukrainian state, the state power, as well as, in fact, the state itself, there are quite complex political and legal phenomena and processes that, despite the steady scientific interest, constantly require applied scientific research and comprehensive research. Interesting and extremely controversial, both in form and in content, the process of development of modern Ukrainian statehood poses a number of problems for domestic science that need to address.
Keywords: The scientific article is devoted to a comprehensive study of organizational and legal aspects of ensuring the effectiveness of public administration in the Ukrainian territories in terms of retrospective analysis. It argued that the theoretical and legal basis for ensuring the effectiveness of public administration in the Ukrainian territories allows us to conclude that based on the essential understanding of an effective state, the most accepted model is a state with a democratic political regime, which implies freedom of choice to make effective decisions rights and freedoms of the individual provided on the basis of the following principles of public administration as: separation of powers; decentralization; deconcentrating; equality; legality; mutual responsibility of the state and the individual; economic freedom; state regulation; social justice; individual freedom; openness of state power in general. This understanding of efficiency allows us to reveal the functional purpose of the state apparatus as an organization of public administration basis of mandatory, regulated by law procedures designed to ensure the balance of interests of the individual and society as a whole. Attention focused on the fact that at the present stage of development of the Ukrainian state, the state power, as well as, in fact, the state itself, there are quite complex political and legal phenomena and processes that, despite the steady scientific interest, constantly require applied scientific research and comprehensive research. Interesting and extremely controversial, both in form and in content, the process of development of modern Ukrainian statehood poses a number of problems for domestic science that need to address.

ALEXANDER TSINKALOVSKY: FEATURES OF FORMATION OF THE SCIENTIST

Victoria Dyachenko

graduate student of the Department of History of Ukraine and Archeology
Lesya Ukrainka Volyn National University, (Lutsk, Ukraine)

ORCID ID: 0000-0002-2013-890X

Anotation. The article covers the process of formation of a prominent Volyn scholar, archaeologist, ethnographer Oleksandr Tsynkalovsky. Despite the fact that the scientist after the Second World War was detached from the main area of his interests in Volhynia, he took a prominent place in regional historiography. The research methodology is based on the application of historical, source studies approaches and the use of comparative-historical method, the method of internal and external criticism of the source, the biographical method. Based on a retrospective analysis of the source base, it was found that the main factors in the formation of Alexander Tsynkalovsky were family upbringing, the example of his grandfather Pavel Nitetsky; studies at the Faculty of Theology, University of Warsaw; cooperation on a professional and personal level with prominent figures of Ukrainian and Polish science and culture, because after receiving his master's degree Oleksandr Tsynkalovsky became a member of the Polish Archaeological Society and the Shevchenko Scientific Society in Lviv. The socio-political and cultural-educational processes of the period under study were equally important, as his formation as a person fell on the First World War and the years of national liberation struggles 1917-1921. The appearance of such a scientist as Alexander Tsinkalovsky was not accidental. He became a bright representative of his family and era, became a worthy representative of his nation. The creation of an intellectual biography of a Volyn scholar still remains relevant.
Keywords: The article covers the process of formation of a prominent Volyn scholar, archaeologist, ethnographer Oleksandr Tsynkalovsky. Despite the fact that the scientist after the Second World War was detached from the main area of his interests in Volhynia, he took a prominent place in regional historiography. The research methodology is based on the application of historical, source studies approaches and the use of comparative-historical method, the method of internal and external criticism of the source, the biographical method. Based on a retrospective analysis of the source base, it was found that the main factors in the formation of Alexander Tsynkalovsky were family upbringing, the example of his grandfather Pavel Nitetsky; studies at the Faculty of Theology, University of Warsaw; cooperation on a professional and personal level with prominent figures of Ukrainian and Polish science and culture, because after receiving his master's degree Oleksandr Tsynkalovsky became a member of the Polish Archaeological Society and the Shevchenko Scientific Society in Lviv. The socio-political and cultural-educational processes of the period under study were equally important, as his formation as a person fell on the First World War and the years of national liberation struggles 1917-1921. The appearance of such a scientist as Alexander Tsinkalovsky was not accidental. He became a bright representative of his family and era, became a worthy representative of his nation. The creation of an intellectual biography of a Volyn scholar still remains relevant.

REGULATORY AND LEGAL PRINCIPLES OF ENSURING STATE PROTECTION AND REALIZATION OF RIGHTS AND FREEDOMS IN THE FIELD OF LAND USE. ON UKRAINIAN-UKRAINIAN MATERIALS

Taras Zhyravetskyi

Applicant for the Department of General Legal Disciplines
Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0002-0203-9032

Anotation. The scientific article is devoted to the study of the legal framework for state protection and realization of rights and freedoms in the field of land use (on the materials of the Ukrainian provinces as part of the Russian Empire). It is concluded that the lack of a clear mechanism for legal regulation of land use rights can create problems in law enforcement practice and, as a consequence, reduce the effectiveness of land policy in general. In this regard, the state, as a sovereign, is obliged to continuously regulate land relations, perform regulatory functions for land management and create an environment for efficient land use and protection. Based on the above, it seems possible to conclude that land users, almost at all times without state support, were forced to sooner or later cede their lands to the "invaders". In this regard, the rich historical experience, in particular the XIX century, indicates the need for the state to take the following necessary actions: first, mandatory control over loans, (especially agricultural land users), both commercial and public credit institutions; secondly, providing maximum assistance in protecting violated rights. Which, in turn, will neutralize the problems in practice and increase the effectiveness of land policy. In addition, the state must continuously regulate land relations; to carry out regulatory, protective functions on the rational use and management of land resources, as well as to improve the system of measures to protect the rights and interests of land users, creating conditions for sustainable, stable, targeted land use for normal management.
Keywords: The scientific article is devoted to the study of the legal framework for state protection and realization of rights and freedoms in the field of land use (on the materials of the Ukrainian provinces as part of the Russian Empire). It is concluded that the lack of a clear mechanism for legal regulation of land use rights can create problems in law enforcement practice and, as a consequence, reduce the effectiveness of land policy in general. In this regard, the state, as a sovereign, is obliged to continuously regulate land relations, perform regulatory functions for land management and create an environment for efficient land use and protection. Based on the above, it seems possible to conclude that land users, almost at all times without state support, were forced to sooner or later cede their lands to the "invaders". In this regard, the rich historical experience, in particular the XIX century, indicates the need for the state to take the following necessary actions: first, mandatory control over loans, (especially agricultural land users), both commercial and public credit institutions; secondly, providing maximum assistance in protecting violated rights. Which, in turn, will neutralize the problems in practice and increase the effectiveness of land policy. In addition, the state must continuously regulate land relations; to carry out regulatory, protective functions on the rational use and management of land resources, as well as to improve the system of measures to protect the rights and interests of land users, creating conditions for sustainable, stable, targeted land use for normal management.

STATE REGULATION OF MEDIA COMMUNICATION MECHANISMS IN THE CONTEXT OF FORMATION OF PUBLIC OPINION AND INFORMATION SECURITY

Sopina Olena

graduate student of the Department of Public Administration and Land Management
Classical private university (Zaporizhzhia, Ukraine)

ORCID ID: 0000-0002-3879-8172

Anotation. The article reveals the essence of the concepts "media", "media communications", "media education", "media literacy"; approaches to state regulation of media communication mechanisms in the context of formation of public opinion and information security in modern conditions of information society are covered. It is stated that the activities of public authorities in public relations should be aimed at constant control over information flows in the state; to provide objective, transparent information; to systematically cover the official position of civil servants and politicians. It is emphasized that the development of public relations is based on openness, transparency, trust and consistency. It is emphasized that the state also cares about ensuring media literacy of citizens as a result of the process of developing human skills to work with information (collect it, analyze, critically evaluate), accurately and appropriately process and apply it. It is noted that the formation of the information society affects the implementation of state policy on national security, in particular information, is one of the priorities of the state. Information security, on the one hand, provides quality comprehensive information to citizens and free access to various sources of information, and on the other is to control the spread of misinformation, promote the integrity of society, preserve information sovereignty, combat negative information and psychological influences and protect national information space from manipulation, information wars and operations. The media is an important tool in the process of providing the public with the necessary information, which allows them to consciously shape public opinion.
Keywords: The article reveals the essence of the concepts "media", "media communications", "media education", "media literacy"; approaches to state regulation of media communication mechanisms in the context of formation of public opinion and information security in modern conditions of information society are covered. It is stated that the activities of public authorities in public relations should be aimed at constant control over information flows in the state; to provide objective, transparent information; to systematically cover the official position of civil servants and politicians. It is emphasized that the development of public relations is based on openness, transparency, trust and consistency. It is emphasized that the state also cares about ensuring media literacy of citizens as a result of the process of developing human skills to work with information (collect it, analyze, critically evaluate), accurately and appropriately process and apply it. It is noted that the formation of the information society affects the implementation of state policy on national security, in particular information, is one of the priorities of the state. Information security, on the one hand, provides quality comprehensive information to citizens and free access to various sources of information, and on the other is to control the spread of misinformation, promote the integrity of society, preserve information sovereignty, combat negative information and psychological influences and protect national information space from manipulation, information wars and operations. The media is an important tool in the process of providing the public with the necessary information, which allows them to consciously shape public opinion.

LEONID HOSHKEVYCH (1868-1963): LIFE JOURNEY OF THE PRIEST

Anastasiia Shevchenko

postgraduate student of the Department of Source Studies, Historiography and Special Historical Disciplines
Zaporizhzhia National University (Kyiv, Ukraine)

ORCID ID: 0000-0001-9227-3978

Anotation. The revolutionary upheaval of 1917 caused a split in society, which manifested itself in various social groups. In particular, there appeared preconditions for the views polarisation of the Russian Orthodox Church clergy. Therefore, the paper is devoted to the reconstruction of the biography of the South Ukrainian priest Leonid Hoshkevych covering the main stages of his life and activity in the context of revolutionary events in southern Ukraine in the first quarter of the 20 th century. The peculiarities of the priest's perception of the October Revolution of 1917 through the prism of his social ties are described herein. The change of worldviews of Father Leonid during the process of formation of the «Soviet» church in southern Ukraine is traced. The contribution of the priest to the salvation of the Jewish population of Kherson during the Nazi occupation regime is analysed. The research is based on archival files and recorded oral testimonies of Kherson Jews who survived the Holocaust.
Keywords: The revolutionary upheaval of 1917 caused a split in society, which manifested itself in various social groups. In particular, there appeared preconditions for the views polarisation of the Russian Orthodox Church clergy. Therefore, the paper is devoted to the reconstruction of the biography of the South Ukrainian priest Leonid Hoshkevych covering the main stages of his life and activity in the context of revolutionary events in southern Ukraine in the first quarter of the 20 th century. The peculiarities of the priest's perception of the October Revolution of 1917 through the prism of his social ties are described herein. The change of worldviews of Father Leonid during the process of formation of the «Soviet» church in southern Ukraine is traced. The contribution of the priest to the salvation of the Jewish population of Kherson during the Nazi occupation regime is analysed. The research is based on archival files and recorded oral testimonies of Kherson Jews who survived the Holocaust.

RIGHTS OF A POLICE OFFICER WHEN RELEASING FROM THE POLICE

Yulia Lehkosherst

Postgraduate Student
Donetsk State University of Internal Affairs (Mariupol, Donetsk region, Ukraine)

ORCID ID: 0000-0002-2351-4288

Anotation. The article emphasizes that at the stage of dismissal of a police officer, violations of his legal rights and interests often occur, and therefore it is important to ensure real protection of police officers at this stage and to ensure that police officers enjoy their rights. The author proposes to divide the rights of police officers in the process of dismissal into general and special. The researcher made a detailed review of the basic rights that police officers have in exercising their right to dismissal from the police. The author proves that police officers have a number of important rights, the implementation of which significantly affects the level of their social security and social protection. It is determined that the observance of such rights is an important step to ensure the social protection of police officers, as well as to establish a transparent and impartial procedure for dismissal of police officers in compliance with all stages of dismissal and statutory guarantees applicable to such legal relations.
Keywords: The article emphasizes that at the stage of dismissal of a police officer, violations of his legal rights and interests often occur, and therefore it is important to ensure real protection of police officers at this stage and to ensure that police officers enjoy their rights. The author proposes to divide the rights of police officers in the process of dismissal into general and special. The researcher made a detailed review of the basic rights that police officers have in exercising their right to dismissal from the police. The author proves that police officers have a number of important rights, the implementation of which significantly affects the level of their social security and social protection. It is determined that the observance of such rights is an important step to ensure the social protection of police officers, as well as to establish a transparent and impartial procedure for dismissal of police officers in compliance with all stages of dismissal and statutory guarantees applicable to such legal relations.

EVENTS OF THE FIRST RUSSIAN REVOLUTION IN THE SOUTH OF UKRAINE ON THE MATERIALS OF THE STATE ARCHIVE OF THE DNIPROPETROVSK REGION

Pavlo Tokalenko

Kherson educational complex of I-III degrees № 15 of Kherson city council (Kherson, Ukraine)

ORCID ID: 0000-0001-7283-3448

Anotation. In the article the author published documents of the State Archives of the Dnepropetrovsk region, which partially cover the events of the First Russian Revolution in the South of Ukraine. All documents are posted in the article thematically and in accordance with the chronological sequence. The author separated the archival material into five thematic blocks: revolutionary events, police activities, the penitentiary system, the tsarist army and the "Jewish question". In addition, attention is paid to the propaganda and agitation materials of the Russian Social-Democratic Labor Party on the eve and during the revolution of 1905-07, published on the basis of propaganda materials of the Scientific and Reference Library of the State Archive of the Dnipropetrovsk Region. Based on the historical comparative method, the author concluded that the documents of the office of the mayor and governor Katerynoslav are important and reliable sources for studying the events of the First Russian Revolution in southern Ukraine. In the future, the study will be important on the basis of historical-comparative method to analyze the archival sources of all three former southern provinces of the Russian Empire during the First Russian Revolution.
Keywords: In the article the author published documents of the State Archives of the Dnepropetrovsk region, which partially cover the events of the First Russian Revolution in the South of Ukraine. All documents are posted in the article thematically and in accordance with the chronological sequence. The author separated the archival material into five thematic blocks: revolutionary events, police activities, the penitentiary system, the tsarist army and the "Jewish question". In addition, attention is paid to the propaganda and agitation materials of the Russian Social-Democratic Labor Party on the eve and during the revolution of 1905-07, published on the basis of propaganda materials of the Scientific and Reference Library of the State Archive of the Dnipropetrovsk Region. Based on the historical comparative method, the author concluded that the documents of the office of the mayor and governor Katerynoslav are important and reliable sources for studying the events of the First Russian Revolution in southern Ukraine. In the future, the study will be important on the basis of historical-comparative method to analyze the archival sources of all three former southern provinces of the Russian Empire during the First Russian Revolution.

GUARANTEES OF ADVOCACY ACTIVITY IN THE LEGISLATION OF UKRAINE AND POST-SOVIET COUNTRIES: COMPARATIVE AND LEGAL ANALYSIS

Oleksandr Kozlov

Graduate student of the Department of Organization of Judicial, Law Enforcement and Advocacy, National University "Odessa Law Academy", Lawyer, Deputy Chairman of the Bar Council of Odessa region, member of the Committee for the Protection of Professional Rights of Lawyers and Implementation of Guarantees of Advocacy of the Bar Council of Odessa region

ORCID ID: 0000-0003-1353-3562

Anotation. The article presents a comparative legal study of the legislation of Ukraine and the post-Soviet states. It is noted that the Law of Ukraine "On Advocacy and Advocacy Activity" establishes the broadest list of guarantees of advocacy throughout the post-Soviet space, and such guarantees as: guaranteeing a lawyer equal rights with other participants, adherence to adversarial principles and freedom to provide evidence and prove their persuasiveness not enshrined in the legislation of any of the post-Soviet countries. It is stated that certain provisions of the legislation of Lithuania, Belarus (on the prohibition of the use of information constituting a lawyer's secret as evidence in court), Kyrgyzstan and Moldova (on the prohibition of search of a lawyer in the course of professional activity), Uzbekistan (on the prohibition of obstacles to the practice of law), Turkmenistan (on the prohibition of restrictions on the freedom of movement of lawyers to provide legal assistance) and other aspects of implementation in Ukrainian law.
Keywords: The article presents a comparative legal study of the legislation of Ukraine and the post-Soviet states. It is noted that the Law of Ukraine "On Advocacy and Advocacy Activity" establishes the broadest list of guarantees of advocacy throughout the post-Soviet space, and such guarantees as: guaranteeing a lawyer equal rights with other participants, adherence to adversarial principles and freedom to provide evidence and prove their persuasiveness not enshrined in the legislation of any of the post-Soviet countries. It is stated that certain provisions of the legislation of Lithuania, Belarus (on the prohibition of the use of information constituting a lawyer's secret as evidence in court), Kyrgyzstan and Moldova (on the prohibition of search of a lawyer in the course of professional activity), Uzbekistan (on the prohibition of obstacles to the practice of law), Turkmenistan (on the prohibition of restrictions on the freedom of movement of lawyers to provide legal assistance) and other aspects of implementation in Ukrainian law.

PURPOSE AND TASKS OF THE STATE POLICY ON INTERACTIONS OF SYSTEMS OF HIGHER MEDICAL EDUCATION AND MEDICAL PRACTICE

Vitaliy Lysak

Deputy Head of the District Administration of the Zaporizhia City Council for the Voznesenivsky District (Zaporizhzhya, Ukraine)

ORCID ID: 0000-0002-2409-8570

Anotation. The article, based on the analysis of the doctrine of science of public administration, current legislation, socio-economic relations in the country, identifies the purpose and objectives of public policy on the interaction of higher medical education and medical practice. In particular, the state policy on the interaction of higher medical education systems and medical practice is considered as an integrated concept, which is a component of both state policy in the field of education and state policy in the field of health care. The article states that the purpose of the state policy on the interaction of higher medical education and medical practice is to ensure a high level of training (primarily the practical component) of medical personnel. The purpose of state policy on these issues should meet the needs of the patient community, a high level of provision of both educational and medical services, the needs of health professionals in effective professional development. The tasks of the state policy of interaction of the systems of higher medical education and medical practice are a set of measures that must be taken to achieve the goal of such state policy.
Keywords: The article, based on the analysis of the doctrine of science of public administration, current legislation, socio-economic relations in the country, identifies the purpose and objectives of public policy on the interaction of higher medical education and medical practice. In particular, the state policy on the interaction of higher medical education systems and medical practice is considered as an integrated concept, which is a component of both state policy in the field of education and state policy in the field of health care. The article states that the purpose of the state policy on the interaction of higher medical education and medical practice is to ensure a high level of training (primarily the practical component) of medical personnel. The purpose of state policy on these issues should meet the needs of the patient community, a high level of provision of both educational and medical services, the needs of health professionals in effective professional development. The tasks of the state policy of interaction of the systems of higher medical education and medical practice are a set of measures that must be taken to achieve the goal of such state policy.

ACTIVITIES OF THE PROSECUTOR RELATED TO INTERNATIONAL COOPERATION DURING THE PROCEDURAL MANAGEMENT OF PRE-TRIAL INVESTIGATIONS

Denys Chornyi

Graduate student of the Department of Organization of Judicial, Law Enforcement and Advocacy, National University "Odessa Law Academy", Deputy Head of the Department for Supervision of Observance of Laws by the Fiscal Service of the Odessa Regional Prosecutor's Office (Odessa, Ukraine)

ORCID ID: 0000-0002-9960-6664

Anotation. The article examines the role of the prosecutor's office in the implementation of international legal cooperation during the procedural guidance of pre-trial investigation of criminal offenses in the form of tax evasion, fees (mandatory payments). Attention was drawn to the importance of establishing effective cooperation, firstly, between national law enforcement agencies and, secondly, between the prosecutor's office and relevant law enforcement agencies of foreign countries. The author emphasizes that the increase in the number of law enforcement agencies that have the functions of a central body for international cooperation may complicate criminal procedure legislation. However, not all subdivisions of the prosecutor's office, especially district prosecutor's offices, can promptly resolve such issues. The article states that the Bureau of Economic Security as a body which, in accordance with Art. 216 of the CPC of Ukraine is planned to provide the right to investigate a wide range of economic crimes, including tax evasion, should be able to within its competence to independently cooperate with foreign authorities on behalf of Ukraine. In this regard, it is proposed that the status of this Bureau for International Cooperation should be spelled out by analogy with NABU and appropriate changes should be made to Art. 545 of the CPC of Ukraine and relevant laws on ratification of international treaties on international cooperation in criminal proceedings.
Keywords: The article examines the role of the prosecutor's office in the implementation of international legal cooperation during the procedural guidance of pre-trial investigation of criminal offenses in the form of tax evasion, fees (mandatory payments). Attention was drawn to the importance of establishing effective cooperation, firstly, between national law enforcement agencies and, secondly, between the prosecutor's office and relevant law enforcement agencies of foreign countries. The author emphasizes that the increase in the number of law enforcement agencies that have the functions of a central body for international cooperation may complicate criminal procedure legislation. However, not all subdivisions of the prosecutor's office, especially district prosecutor's offices, can promptly resolve such issues. The article states that the Bureau of Economic Security as a body which, in accordance with Art. 216 of the CPC of Ukraine is planned to provide the right to investigate a wide range of economic crimes, including tax evasion, should be able to within its competence to independently cooperate with foreign authorities on behalf of Ukraine. In this regard, it is proposed that the status of this Bureau for International Cooperation should be spelled out by analogy with NABU and appropriate changes should be made to Art. 545 of the CPC of Ukraine and relevant laws on ratification of international treaties on international cooperation in criminal proceedings.

ADMINISTRATIVE-TERRITORIAL DIVISION: MANAGEMENT-HISTORICAL ANALYSIS (ON THE EXAMPLE OF EUROPEAN COUNTRIES)

Andrii Radchenko

graduate student

ORCID ID: 0000-0002-1010-9937

Anotation. By administrative-territorial division we mean the whole set of division of the state into administrative-territorial and state-territorial units. The structure of administrative units of the state directly depends on its socio-political system and the structure of the state system, radical changes, which usually lead to radical transformations of the network of administrative units. In Ukraine, we can note the long-term stability of the system of administrative units, which, despite the transformation, returns to its previous state, due to the "formed structure of administrative and economic relations and the peculiarities of the settlement system." The stability of administrative-territorial units largely correlates with the immutability of their political borders, the long existence of which turns them into historical and geographical boundaries. Such boundaries form integral territorial structures, cells that cannot be changed for a long time; they are the most important borders that form the territorial organization of society.
Keywords: By administrative-territorial division we mean the whole set of division of the state into administrative-territorial and state-territorial units. The structure of administrative units of the state directly depends on its socio-political system and the structure of the state system, radical changes, which usually lead to radical transformations of the network of administrative units. In Ukraine, we can note the long-term stability of the system of administrative units, which, despite the transformation, returns to its previous state, due to the "formed structure of administrative and economic relations and the peculiarities of the settlement system." The stability of administrative-territorial units largely correlates with the immutability of their political borders, the long existence of which turns them into historical and geographical boundaries. Such boundaries form integral territorial structures, cells that cannot be changed for a long time; they are the most important borders that form the territorial organization of society.

PROCEDURAL PROCEDURE AND GROUNDS FOR TERMINATION OF PRE-TRIAL INVESTIGATION OF CRIMINAL OFFENSES

Matviichuk Viacheslav

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

ORCID ID: 0009-0008-1127-947X

Anotation. The final stage of the pre-trial investigation of criminal misdemeanors, at which its conclusions are summed up, the inner conviction of the inquirer is finally formulated and expressed in procedural documents regarding each of the circumstances of the criminal proceedings, the collected evidence, omissions and contradictions in their totality are revealed, without a doubt, is the most important part of the pre-trial investigation . Also, at this stage, the investigator and the prosecutor summarize the materials of the conducted pre-trial investigation in the form of an inquiry, carry out a final evaluation of the evidence, the prosecutor makes a decision on the form of the conclusion of the inquiry. In the article, the study of procedural grounds and the order of completion of the pre-trial investigation of criminal misdemeanors provided an opportunity to single out the problematic issues faced by investigators during the pre-trial investigation of criminal misdemeanors.
Keywords: The final stage of the pre-trial investigation of criminal misdemeanors, at which its conclusions are summed up, the inner conviction of the inquirer is finally formulated and expressed in procedural documents regarding each of the circumstances of the criminal proceedings, the collected evidence, omissions and contradictions in their totality are revealed, without a doubt, is the most important part of the pre-trial investigation . Also, at this stage, the investigator and the prosecutor summarize the materials of the conducted pre-trial investigation in the form of an inquiry, carry out a final evaluation of the evidence, the prosecutor makes a decision on the form of the conclusion of the inquiry. In the article, the study of procedural grounds and the order of completion of the pre-trial investigation of criminal misdemeanors provided an opportunity to single out the problematic issues faced by investigators during the pre-trial investigation of criminal misdemeanors.