Journal №3 (31) vol. 3 / 2020|KELM

LIST OF FILES

INVESTIGATIVE EXPERIMENT IN THE INVESTIGATION OF CRIMINAL OFFENSES AGAINST PUBLIC ORDER: DIRECTIONS FOR IMPROVEMENT

Aleksandr Antoniuk

Applicant
The Research Institute of Public Law Candidate of Political Sciences (Kiev, Ukraine)

ORCID ID: 0000-0003-4941-1636

Anotation. The scientific article is devoted to the study of some aspects of the investigation of criminal offenses against public order. An investigative experiment in the investigation of these illegal acts is considered, and proposals for the use of the most expedient preparatory measures are formulated. The author notes that the investigative experiment is one of the most time-consuming and complex investigative (search) actions, because a significant number of people are involved during its implementation. In the course of investigations of crimes against public order, it is carried out in many cases. It was found that the most appropriate measures to be taken at the preparatory stage of the investigative experiment are the following: study of the materials of criminal proceedings; determination of the purpose of the investigative experiment and the facts to be clarified; repeated or additional interrogation of the person whose testimony will be verified; determination of the participants in the investigative (search) action; determination of the place and time of the investigative experiment; preparation of auxiliary means (dummy, stencils, mock-ups of objects), vehicles and the like; preparation of technical means of fixation; drawing up a plan of investigative (search) action.
Keywords: The scientific article is devoted to the study of some aspects of the investigation of criminal offenses against public order. An investigative experiment in the investigation of these illegal acts is considered, and proposals for the use of the most expedient preparatory measures are formulated. The author notes that the investigative experiment is one of the most time-consuming and complex investigative (search) actions, because a significant number of people are involved during its implementation. In the course of investigations of crimes against public order, it is carried out in many cases. It was found that the most appropriate measures to be taken at the preparatory stage of the investigative experiment are the following: study of the materials of criminal proceedings; determination of the purpose of the investigative experiment and the facts to be clarified; repeated or additional interrogation of the person whose testimony will be verified; determination of the participants in the investigative (search) action; determination of the place and time of the investigative experiment; preparation of auxiliary means (dummy, stencils, mock-ups of objects), vehicles and the like; preparation of technical means of fixation; drawing up a plan of investigative (search) action.

REGULATORY AND LEGAL FUNDAMENTALS OF THE ADMINISTRATIVE AND LEGAL MECHANISM OF FOREST PROTECTION OF THE FOREST FUND OF UKRAINE

Viktor Barchuk

Graduate Student
The Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-2610-7895

Anotation. The article is devoted disclosure of content and essence normative-legal bases administrative-legal mechanism protection forest fund of Ukraine. The normative-legal bases administrative-legal mechanism protection forest fund of Ukraine is а basic provisions of administrative legislation of general and concrete-legal direction defining features of activity public administration in general and in the context of implementation administrative-legal protection forest fund of Ukraine in particular. They also regulate procedure for implementing the necessary measures to ensure its safety. Conditionally considered principles are classified into two groups. It is proved that the protection of the forest fund of Ukraine is a complex legal phenomenon without clear regulation of which the possibility of ensuring its safety as a valuable socio-economic resource of the Ukrainian people is excluded.
Keywords: The article is devoted disclosure of content and essence normative-legal bases administrative-legal mechanism protection forest fund of Ukraine. The normative-legal bases administrative-legal mechanism protection forest fund of Ukraine is а basic provisions of administrative legislation of general and concrete-legal direction defining features of activity public administration in general and in the context of implementation administrative-legal protection forest fund of Ukraine in particular. They also regulate procedure for implementing the necessary measures to ensure its safety. Conditionally considered principles are classified into two groups. It is proved that the protection of the forest fund of Ukraine is a complex legal phenomenon without clear regulation of which the possibility of ensuring its safety as a valuable socio-economic resource of the Ukrainian people is excluded.

REGULATORY AND LEGAL SUPPORT OF PROVISION OF FINANCIAL SERVICES BY CREDIT UNIONS IN UKRAINE

Viktor Basai

graduate student of the Department of Public Administration National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0003-1418-7535

Anotation. The relevance of the article is that the effective functioning of the economy requires constant mobilization, distribution and redistribution of financial resources between its sectors and sectors. Such functions are performed both with the help of the state and with the help of the financial market, which mobilizes savings on a voluntary basis and provides loans or investments, regulating the financial and economic situation of the country. The article presents the concept of a credit union as a non-profit non-bank financial institution formed on a cooperative basis by uniting individuals to meet their financial needs, which represent a combination of legal entity and specific features (financial institution, non-profit nature of the cooperative, features non-profit entity and non-banking institution), which together determine its real legal potential and determine the legal basis of its activities in the financial services market.
Keywords: The relevance of the article is that the effective functioning of the economy requires constant mobilization, distribution and redistribution of financial resources between its sectors and sectors. Such functions are performed both with the help of the state and with the help of the financial market, which mobilizes savings on a voluntary basis and provides loans or investments, regulating the financial and economic situation of the country. The article presents the concept of a credit union as a non-profit non-bank financial institution formed on a cooperative basis by uniting individuals to meet their financial needs, which represent a combination of legal entity and specific features (financial institution, non-profit nature of the cooperative, features non-profit entity and non-banking institution), which together determine its real legal potential and determine the legal basis of its activities in the financial services market.

LEGAL STATUS AND FEATURES OF ACTIVITY DISTRICT POLICE OFFICERS IN UKRAINE

Oleh Bashchuk

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

ORCID ID: 0000-0001-9121-8485

Anotation. Essence of administrative legal status of district officers of police, that embraces the complex of concrete certain equitable rights and duties that is envisaged after the corresponding subjects norms of administrative law, is considered in the article. It is marked that the specific of such status is determined by participating of policemen in public relations, that arise up in connection with a grant on clearly certain territory of constabulary services in the spheres of providing of public safety and order, guard of rights and freedoms of man, interests of society and state, counteraction to criminality. The features of the legal adjusting of activity of district officer of police are exposed comes true by the row of legal acts, fundamental among that is Constitution of Ukraine, Law of Ukraine "On the National police", and also row of the special normative legal acts. It is summarized, that fundamentally new in their activity is normative determination of basic task, namely grant of constabulary services.
Keywords: Essence of administrative legal status of district officers of police, that embraces the complex of concrete certain equitable rights and duties that is envisaged after the corresponding subjects norms of administrative law, is considered in the article. It is marked that the specific of such status is determined by participating of policemen in public relations, that arise up in connection with a grant on clearly certain territory of constabulary services in the spheres of providing of public safety and order, guard of rights and freedoms of man, interests of society and state, counteraction to criminality. The features of the legal adjusting of activity of district officer of police are exposed comes true by the row of legal acts, fundamental among that is Constitution of Ukraine, Law of Ukraine "On the National police", and also row of the special normative legal acts. It is summarized, that fundamentally new in their activity is normative determination of basic task, namely grant of constabulary services.

ASSESSMENT OF THE CONCLUSION OF THE TECHNICAL EXAMINATION OF THE PASSPORT OF THE CITIZEN OF UKRAINE, WHICH CONTAINS CONTACTLESS ELECTRONIC MEDIA WITH BIOMETRIC PROPERTY DATA

Tetiana Bezsonna

Senior Lecturer of Department of Criminalistics, Forensic Expertise and Premedical Training of Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0002-2482-9564

Anotation. The article considers the peculiarities of the assessment by the investigator, prosecutor, defense counsel, other participants in the criminal proceedings and the court of the conclusion of the technical forensic examination of the passport of a citizen of Ukraine containing contactless media with biometric data of the document holder. The procedural (formal) and essential (scientific-methodical) aspects of such assessment are emphasized. Recommendations for checking and assessing compliance with the requirements of criminal procedure legislation in the appointment and conduct of the examination, drawing up an expert opinion. Attention is paid to the peculiarities of the assessment of the competence and competence of a forensic expert, the proper registration of the object of study (passport document) as material evidence in criminal proceedings. The need to assess the completeness of the formulated conclusions and their relationship with other evidence in the case was emphasized. It is concluded that due to the increased difficulty for jurists in assessing the scientific validity of the conclusion due to lack of their own special knowledge, such an assessment may be carried out with the involvement of specialists in the form of oral or written consultations. The importance of the expert's interrogation was also emphasized.
Keywords: The article considers the peculiarities of the assessment by the investigator, prosecutor, defense counsel, other participants in the criminal proceedings and the court of the conclusion of the technical forensic examination of the passport of a citizen of Ukraine containing contactless media with biometric data of the document holder. The procedural (formal) and essential (scientific-methodical) aspects of such assessment are emphasized. Recommendations for checking and assessing compliance with the requirements of criminal procedure legislation in the appointment and conduct of the examination, drawing up an expert opinion. Attention is paid to the peculiarities of the assessment of the competence and competence of a forensic expert, the proper registration of the object of study (passport document) as material evidence in criminal proceedings. The need to assess the completeness of the formulated conclusions and their relationship with other evidence in the case was emphasized. It is concluded that due to the increased difficulty for jurists in assessing the scientific validity of the conclusion due to lack of their own special knowledge, such an assessment may be carried out with the involvement of specialists in the form of oral or written consultations. The importance of the expert's interrogation was also emphasized.

HISTORY OF DEVELOPMENT OF ADMINISTRATIVE AND LEGAL REGULATION OF SELECTION FOR THE POSITION OF POLICE OFFICER IN UKRAINE

Dmytro Beresten

Graduate Student of the Department of Administrative activity National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0001-7124-469X

Anotation. The purpose of the article is to conduct an in-depth analysis of scientific works in order to eliminate the one-sided coverage of historical events and analysis of legal sources, development and formation of the principles of administrative and legal selection in our country. The article considers the historical aspects of the formation and development of administrative and legal principles of selection for the position of police units of law enforcement agencies of Ukraine. The main stages of historical development are analyzed, the periods are singled out and the main differences of administrative and legal regulation of selection for the position of a police officer at different times are generalized.
Keywords: The purpose of the article is to conduct an in-depth analysis of scientific works in order to eliminate the one-sided coverage of historical events and analysis of legal sources, development and formation of the principles of administrative and legal selection in our country. The article considers the historical aspects of the formation and development of administrative and legal principles of selection for the position of police units of law enforcement agencies of Ukraine. The main stages of historical development are analyzed, the periods are singled out and the main differences of administrative and legal regulation of selection for the position of a police officer at different times are generalized.

FEATURES OF INVESTIGATION OF SEPARATE TYPES OF CRIMINAL OFFENSES COMMITTED IN BANKING INSTITUTIONS

Tatiana Bilko

Applicant
The University of the State Fiscal Service of Ukraine (Kiev, Ukraine)

ORCID ID: 0000-0002-5856-9680

Anotation. The relevance of the article lies in the fact that in order to organize the effective functioning of the banking system as a whole and the operation of its individual elements, it is necessary to insure them against various unlawful encroachments, including financial scams, usually carried out in various banking operations. Offenses in the field of banking and their consequences have a significant impact on the state of economic well-being of a person, society and the state. The article considers the peculiarities of the investigation of certain types of criminal offenses committed in banking institutions. It is proved that a significant number of abuses in the banking sector are committed during settlement and credit operations. The most common criminal offense in this area is fraud. The concentration of money in both cash and non-cash forms, the variety of financial services and instruments with different levels of security and liquidity, the expanding customer field - all this makes banking structures an attractive target for criminal intrusions and fraudulent schemes.
Keywords: The relevance of the article lies in the fact that in order to organize the effective functioning of the banking system as a whole and the operation of its individual elements, it is necessary to insure them against various unlawful encroachments, including financial scams, usually carried out in various banking operations. Offenses in the field of banking and their consequences have a significant impact on the state of economic well-being of a person, society and the state. The article considers the peculiarities of the investigation of certain types of criminal offenses committed in banking institutions. It is proved that a significant number of abuses in the banking sector are committed during settlement and credit operations. The most common criminal offense in this area is fraud. The concentration of money in both cash and non-cash forms, the variety of financial services and instruments with different levels of security and liquidity, the expanding customer field - all this makes banking structures an attractive target for criminal intrusions and fraudulent schemes.

FINANCIAL MONITORING AS A CENTRAL LINK IN THE SET OF PREVENTION AND COUNTERACTION TO THE LEGALIZATION (LAUNDERING) OF CRIMINAL PROFITS IN UKRAINE

Inna Biriukova

Lecturer of Legal Disciplines
Irpen State College of Economics and Law (Irpen, Ukraine)

ORCID ID: 0000-0003-1545-7344

Anotation. The article defines the problems of financial monitoring as a central link in a complex of arrangements concerning counteraction to legalization of incomes received in the criminal way and some proposals as to their abolishing were given. It has been determined that the concept of monitoring is studied and used in the framework of various spheres of scientific and practical activities. The complexity of the formulation is associated with its belonging to both the sphere of science and the sphere of practice. It can be viewed both as a way of exploring reality, used in various sciences, and as a way to provide the scope of management of various activities through the presentation of timely and high-quality information.
Keywords: The article defines the problems of financial monitoring as a central link in a complex of arrangements concerning counteraction to legalization of incomes received in the criminal way and some proposals as to their abolishing were given. It has been determined that the concept of monitoring is studied and used in the framework of various spheres of scientific and practical activities. The complexity of the formulation is associated with its belonging to both the sphere of science and the sphere of practice. It can be viewed both as a way of exploring reality, used in various sciences, and as a way to provide the scope of management of various activities through the presentation of timely and high-quality information.

THE CONCEPT AND CONTENT OF THE PROCESS OF SEARCH ACTIVITY THAT TO THE DETECTION OF LATENT CRIMINAL OFFENSES

Maxim Borchakovsky

Applicant for the Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0001-9319-4977

Anotation. The article defines the concept and content of the process of detecting latent criminal offenses. The differences between the concepts of “disclosure of a criminal offense”, “detection of a criminal offense”, “establishment of signs of a criminal act”, “operational search for signs of a criminal offense” are determined. It is concluded that the detection of a criminal offense is the initial stage of the investigation, because without information about the fact (signs) of the committed criminal offense, it will not be investigated; operational search is a “narrower” concept than the detection of a criminal offense, as it is carried out exclusively by the subjects of operational and investigative activities and does not include the stage of verification of information obtained from the standpoint of procedural “admissibility” as a source of evidence of criminal activity; One of the elements of detection of a criminal offense is the establishment of their signs – identification of persons, objects and phenomena of interest, based on the definition of their group affiliation or identity on previously known properties and characteristics, provided by the integrated application of investigative measures and investigative (investigative) actions, which, in turn, provides an opportunity to obtain the necessary information for comparison.
Keywords: The article defines the concept and content of the process of detecting latent criminal offenses. The differences between the concepts of “disclosure of a criminal offense”, “detection of a criminal offense”, “establishment of signs of a criminal act”, “operational search for signs of a criminal offense” are determined. It is concluded that the detection of a criminal offense is the initial stage of the investigation, because without information about the fact (signs) of the committed criminal offense, it will not be investigated; operational search is a “narrower” concept than the detection of a criminal offense, as it is carried out exclusively by the subjects of operational and investigative activities and does not include the stage of verification of information obtained from the standpoint of procedural “admissibility” as a source of evidence of criminal activity; One of the elements of detection of a criminal offense is the establishment of their signs – identification of persons, objects and phenomena of interest, based on the definition of their group affiliation or identity on previously known properties and characteristics, provided by the integrated application of investigative measures and investigative (investigative) actions, which, in turn, provides an opportunity to obtain the necessary information for comparison.

SYSTEM OF SUBJECTS OF LOCAL LEGAL REGULATION OF OCCUPATIONAL HEALTH AND SAFETY

Oleksandr Varenyk

Candidate of Law, PhD student of the Department of Labor Law and social security rights of Kyiv National University named after Taras Shevchenko (Kyiv, Ukraine)

ORCID ID: 0000-0001-9757-1758

Anotation. The article emphasizes that labor protection is the basis that provides the ability of the subjects of labor relations to exercise their right to work for as long as possible, to work in comfortable and safe conditions, to maintain a sufficient level of well-being. Legal regulation of labor protection is aimed at creating uniform rules and requirements that apply to all enterprises, which makes it impossible for them to freely interpret and worsen the level of labor protection at the will of the employer. At the same time, the development of technologies and social relations is significantly ahead of the current legal regulation of labor protection, and therefore the guarantee of occupational safety and health should take place at the local level.
Keywords: The article emphasizes that labor protection is the basis that provides the ability of the subjects of labor relations to exercise their right to work for as long as possible, to work in comfortable and safe conditions, to maintain a sufficient level of well-being. Legal regulation of labor protection is aimed at creating uniform rules and requirements that apply to all enterprises, which makes it impossible for them to freely interpret and worsen the level of labor protection at the will of the employer. At the same time, the development of technologies and social relations is significantly ahead of the current legal regulation of labor protection, and therefore the guarantee of occupational safety and health should take place at the local level.

THEORETICAL AND PRACTICAL PROBLEMS OF LEGAL REGULATION OF LABOR OF ELECTED EMPLOYEES

Viktoriia Vasylieva

Graduate Student of the Department of Labor Law and social security rights of Kyiv Taras Shevchenko National University (Kyiv, Ukraine)

ORCID ID: 0000-0002-7124-1737

Anotation. The article considers legal guarantees as an important element of the legal status of employees elected to elected positions. for improper performance of duties, legal guarantees of realization of rights. The specificity of their legal status is that it is governed not only by general legislation but also special. Attention is drawn to the peculiarities of the legal status of the elected body of the primary trade union organization, which are related to the fact that the latter act not only as bodies of the public organization, but also as representatives of the labor collective.
Keywords: The article considers legal guarantees as an important element of the legal status of employees elected to elected positions. for improper performance of duties, legal guarantees of realization of rights. The specificity of their legal status is that it is governed not only by general legislation but also special. Attention is drawn to the peculiarities of the legal status of the elected body of the primary trade union organization, which are related to the fact that the latter act not only as bodies of the public organization, but also as representatives of the labor collective.

STOCK EXCHANGES AS A SUBJECT ADMINISTRATIVE AND LEGAL REGULATION IN UKRAINE

Anatolii Vykhrystiuk

graduate student of the Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-5148-4819

Anotation. The purpose of the article is to systematically analyze the norms of current legislation, as well as the positions of scholars of administrative law and economics, to open stock exchanges as a subject of administrative and legal regulation in Ukraine. The article reveals stock exchanges as a subject of administrative and legal regulation in Ukraine as specially organized electronic platforms for securities circulation, the activities of which are regulated and controlled by authorized public authorities through the use of comprehensive administrative and legal tools in accordance with legislation for optimal functioning and development of stock market.
Keywords: The purpose of the article is to systematically analyze the norms of current legislation, as well as the positions of scholars of administrative law and economics, to open stock exchanges as a subject of administrative and legal regulation in Ukraine. The article reveals stock exchanges as a subject of administrative and legal regulation in Ukraine as specially organized electronic platforms for securities circulation, the activities of which are regulated and controlled by authorized public authorities through the use of comprehensive administrative and legal tools in accordance with legislation for optimal functioning and development of stock market.

TO SUBSTANTIATE THE NEED TO STUDY THE EUROPEAN EXPERIENCE OF STIMULATING THE WORK OF JUDGES

Serhii Vinnikov

Candidate of the Department of Legal Support of Economic Activity Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0001-5811-1806

Anotation. The importance and complexity of the issue of improving and developing incentives for judges determines the feasibility of conducting a study of the organization and functioning of the mechanisms of this incentive in foreign countries. The usefulness of this step is also determined by the fact that Ukraine is an active participant in international cooperation and European integration processes. The article, based on the analysis of scientific views of scientists, as well as international law, argues that the current legislation of Ukraine, which regulates the status of judges in some respects fully meets European standards, but noted that it is not without certain shortcomings. The author's vision of the directions of introduction of positive European experience into national realities is offered.
Keywords: The importance and complexity of the issue of improving and developing incentives for judges determines the feasibility of conducting a study of the organization and functioning of the mechanisms of this incentive in foreign countries. The usefulness of this step is also determined by the fact that Ukraine is an active participant in international cooperation and European integration processes. The article, based on the analysis of scientific views of scientists, as well as international law, argues that the current legislation of Ukraine, which regulates the status of judges in some respects fully meets European standards, but noted that it is not without certain shortcomings. The author's vision of the directions of introduction of positive European experience into national realities is offered.

INTERNATIONAL LEGAL STANDARDS OF CRIMINAL LEGAL REGULATION OF ENSURANCE AND COMPLIANCE WITH OCCUPATIONAL HEALTH AND SAFETY REQUIREMENTS

Roman Vityuk

applicant of the University of Modern Knowledge (Kyiv, Ukraine)

ORCID ID: 0000-0002-7160-2512

Anotation. The article examines and analyzes the international legal norms of criminal law regulation of ensuring and compliance with labor protection requirements. The author analyzes the international legal acts on labor protection, on the basis of which it is concluded that the national Ukrainian legislation in the field of labor protection fully complies with the principles and norms of international law and guarantees employees no less broad rights than those enshrined in international law. The article analyzes the optimal model of criminal law protection of labor safety in national legislation and examines international legal standards and guarantees of labor rights in general and rights and labor protection in particular. As a result of the conducted research the substantiated offers concerning modification of the Criminal code of Ukraine are resulted.
Keywords: The article examines and analyzes the international legal norms of criminal law regulation of ensuring and compliance with labor protection requirements. The author analyzes the international legal acts on labor protection, on the basis of which it is concluded that the national Ukrainian legislation in the field of labor protection fully complies with the principles and norms of international law and guarantees employees no less broad rights than those enshrined in international law. The article analyzes the optimal model of criminal law protection of labor safety in national legislation and examines international legal standards and guarantees of labor rights in general and rights and labor protection in particular. As a result of the conducted research the substantiated offers concerning modification of the Criminal code of Ukraine are resulted.

LEGISLATIVE REGULATION OF OPERATIONAL AND INVESTIGATIVE COUNTERFEIT OF CRIMES RELATED TO THE FORMATION OF GANGS AND CRIMINAL ORGANIZATIONS

Taras Volikov

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

ORCID ID: 0000-0001-5976-2411

Anotation. The relevance of the article is that the legal regulation of new areas of operational and investigative activities can significantly modernize the old methods of operational and investigative activities, expand the range of sources of necessary operational and relevant information and improve the activities of criminal police units in combating crime. The purpose of the article is to identify the main problems and ways to improve the legal regulation of operational and investigative counteraction by criminal police units to crimes related to the creation of gangs and criminal organizations. The article analyzes the legislative acts aimed at combating crimes related to the creation of gangs and criminal organizations, and which regulate the operational and investigative counteraction to criminal offenses by criminal police units. The ways of improving the legislative regulation of operative-search counteraction to these crimes, in particular the Criminal Code of Ukraine, the laws of Ukraine "On organizational and legal bases of fight against organized crime" and "On operative-search activity" are determined.
Keywords: The relevance of the article is that the legal regulation of new areas of operational and investigative activities can significantly modernize the old methods of operational and investigative activities, expand the range of sources of necessary operational and relevant information and improve the activities of criminal police units in combating crime. The purpose of the article is to identify the main problems and ways to improve the legal regulation of operational and investigative counteraction by criminal police units to crimes related to the creation of gangs and criminal organizations. The article analyzes the legislative acts aimed at combating crimes related to the creation of gangs and criminal organizations, and which regulate the operational and investigative counteraction to criminal offenses by criminal police units. The ways of improving the legislative regulation of operative-search counteraction to these crimes, in particular the Criminal Code of Ukraine, the laws of Ukraine "On organizational and legal bases of fight against organized crime" and "On operative-search activity" are determined.

TO THE CHARACTERIZATION OF THE ESSENCE AND CONTENT OF THE OFFICIAL INVESTIGATION AS AN IMPORTANT STAGE OF DISCIPLINARY PROCEEDINGS

Vladyslav Halushko

доктор філософії, здобувач кафедри правового забезпечення господарської діяльності Харківського національного університету внутрішніх справ (Харків, Україна)

ORCID ID: 0000-0002-1542-7209

Anotation. The modern legal system of Ukraine consists of various legal institutions, the key purpose of which is to regulate public relations in various spheres of public life, as well as to protect the legal rights, freedoms and interests of man and citizen. At the same time, quite often the established process of social existence is violated by individual subjects, as a result of which the rights and freedoms of people, or even entire social groups, are harmed. The article, based on the analysis of scientific views of scientists and the norms of current legislation, analyzes the content, nature and features of disciplinary proceedings as a separate institution in the field of labor law. Find out how the category of official investigation correlates with disciplinary proceedings. It is emphasized that the official investigation in some way guarantees the labor rights of the employee, protects them from illegal restriction or violation.
Keywords: The modern legal system of Ukraine consists of various legal institutions, the key purpose of which is to regulate public relations in various spheres of public life, as well as to protect the legal rights, freedoms and interests of man and citizen. At the same time, quite often the established process of social existence is violated by individual subjects, as a result of which the rights and freedoms of people, or even entire social groups, are harmed. The article, based on the analysis of scientific views of scientists and the norms of current legislation, analyzes the content, nature and features of disciplinary proceedings as a separate institution in the field of labor law. Find out how the category of official investigation correlates with disciplinary proceedings. It is emphasized that the official investigation in some way guarantees the labor rights of the employee, protects them from illegal restriction or violation.

ROLE OF THE TEACHER AND PSYCHOLOGIST IN CRIMINAL PRODUCTION WITH THE PARTICIPATION OF MINORS

Uliana Golysheva

Applicant University of Modern Knowledge (Kiev, Ukraine)

ORCID ID: 0000-0002-3178-5007

Anotation. The development of the child's body provides for quite significant changes in physiology, increased hormonal activity affects the neuropsychic state of adolescents. For the investigator, the interrogator, it is important to take into account all the psychological characteristics of the personality when interrogating a minor. The effectiveness and quality of the interrogation is directly influenced by the degree of the interrogating person's possession of legal knowledge and child psychology. Thus, the participation of a psychologist (teacher) is an important component of the interrogation of a minor. The article is devoted to topical issues of using the help of a teacher and a psychologist in criminal proceedings in cases of criminal offenses of minors. Taking into account the psychological characteristics of minors, the author examines the features of the role that such participation plays in the study of the personality of a minor and the circumstances of the incident. The conclusion about the need for a more accurate procedural consolidation of the status of a teacher and psychologist participating in criminal proceedings on criminal offenses of minors has been substantiated.
Keywords: The development of the child's body provides for quite significant changes in physiology, increased hormonal activity affects the neuropsychic state of adolescents. For the investigator, the interrogator, it is important to take into account all the psychological characteristics of the personality when interrogating a minor. The effectiveness and quality of the interrogation is directly influenced by the degree of the interrogating person's possession of legal knowledge and child psychology. Thus, the participation of a psychologist (teacher) is an important component of the interrogation of a minor. The article is devoted to topical issues of using the help of a teacher and a psychologist in criminal proceedings in cases of criminal offenses of minors. Taking into account the psychological characteristics of minors, the author examines the features of the role that such participation plays in the study of the personality of a minor and the circumstances of the incident. The conclusion about the need for a more accurate procedural consolidation of the status of a teacher and psychologist participating in criminal proceedings on criminal offenses of minors has been substantiated.

TO THE PROBLEM OF DETERMINING THE NATURE, MEANING AND TYPES OF INCENTIVES FOR COURT EMPLOYEES

Vladyslav Demydov

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

ORCID ID: 0000-0002-5149-5841

Anotation. The article analyzes the essence and significance of incentives in the field of labor law. The concepts and key features of incentives for court employees are defined. The norms of the current general and special legislation, which regulates the encouragement of all employees in general and court employees in particular, are analyzed. Two key classification groups of incentives for court employees have been identified, namely: tangible and intangible. It is determined that the encouragement of court employees should be interpreted as a system of special measures to positively influence court employees in order to ensure the efficiency of their activities and conscientious performance of duties, which are applied by authorized managers in accordance with the requirements and laws.
Keywords: The article analyzes the essence and significance of incentives in the field of labor law. The concepts and key features of incentives for court employees are defined. The norms of the current general and special legislation, which regulates the encouragement of all employees in general and court employees in particular, are analyzed. Two key classification groups of incentives for court employees have been identified, namely: tangible and intangible. It is determined that the encouragement of court employees should be interpreted as a system of special measures to positively influence court employees in order to ensure the efficiency of their activities and conscientious performance of duties, which are applied by authorized managers in accordance with the requirements and laws.

CURRENT STATE OF REGULATORY AND LEGAL PROVISION OF PREVENTION OF ROAD TRAFFIC INJURY IN UKRAINE AND WAYS OF ITS IMPROVEMENT

Tetiana Dzhenchako

Applicant The Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-5116-9680

Anotation. The article, based on the analysis of current legislation, available scientific, journalistic and methodological sources, including foreign experience, clarifies the state of legal support for the prevention of road traffic injuries in Ukraine and clarifies the typical problems that hinder its development. Based on the analysis of existing norms, rules and standards in force in traffic, the characteristics of the normative component of the organizational and legal mechanism of prevention of road traffic injuries in Ukraine, which is represented by a significant array of regulations of different legal force, subject composition and purpose, to which includes: normative sources of international law; Constitution of Ukraine; codified acts of national legislation; Law of Ukraine “On Road Traffic” and other legislative acts; by-laws that determine the status and procedure for the work of public authorities and local governments on the prevention of road accidents; acts of local self-government bodies on the implementation of delegated and own (self-governing) powers in this area.
Keywords: The article, based on the analysis of current legislation, available scientific, journalistic and methodological sources, including foreign experience, clarifies the state of legal support for the prevention of road traffic injuries in Ukraine and clarifies the typical problems that hinder its development. Based on the analysis of existing norms, rules and standards in force in traffic, the characteristics of the normative component of the organizational and legal mechanism of prevention of road traffic injuries in Ukraine, which is represented by a significant array of regulations of different legal force, subject composition and purpose, to which includes: normative sources of international law; Constitution of Ukraine; codified acts of national legislation; Law of Ukraine “On Road Traffic” and other legislative acts; by-laws that determine the status and procedure for the work of public authorities and local governments on the prevention of road accidents; acts of local self-government bodies on the implementation of delegated and own (self-governing) powers in this area.

FORMATION AND DEVELOPMENT OF COMMUNICATIVE COMPETENCE OF PATROL POLICE IN THEIR PROFESSIONAL ACTIVITY

Nataliia Zhuk

Researcher of the Department of Legal Psychology The National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0003-1835-9540

Anotation. The purpose of this paper is to present an argument for the necessity of formation and development of communicative competence in the professional activity of patrol policemen. In this paper scientific approaches of various domestic and foreign researchers concerning scrutiny of communicative competence of patrol policemen were analysed. Thus, communicative competence is construed as a complex integrative professionally important quality of a person, which shows the ability and willingness to establish, maintain and develop effective interpersonal interaction in various situations in professional communication. The paper mentions main factors which determine the development and improve professional competence, upon which the course and the outcome of the communicative process depend, hence success of professional tasks. The components of the professional competence of a patrol police officer have been identified. The paper outlines main ways of forming a patrol police officer as a professional. A set of requirements for the professional competence and professionalism of policemen has been formulated. Formation of readiness of patrol policemen to carry out professional activity requires development of their communicative competence as a component of the general professional competence. The level of its formation determines the ability of the specialist to act constructively in specific situations in interpersonal interaction related to peculiarities of their work. The paper presents an argument for the specifics of professional activity of patrol policemen, the importance of formation and development of communicative competence in their professional activity, readiness and ability to effectively communicate with citizens in everyday life and extreme situations. We see the prospects for further research of the problem in question in an empirical study of the peculiarities of the formation of communicative competence of patrol policemen in the course of their professional training.
Keywords: The purpose of this paper is to present an argument for the necessity of formation and development of communicative competence in the professional activity of patrol policemen. In this paper scientific approaches of various domestic and foreign researchers concerning scrutiny of communicative competence of patrol policemen were analysed. Thus, communicative competence is construed as a complex integrative professionally important quality of a person, which shows the ability and willingness to establish, maintain and develop effective interpersonal interaction in various situations in professional communication. The paper mentions main factors which determine the development and improve professional competence, upon which the course and the outcome of the communicative process depend, hence success of professional tasks. The components of the professional competence of a patrol police officer have been identified. The paper outlines main ways of forming a patrol police officer as a professional. A set of requirements for the professional competence and professionalism of policemen has been formulated. Formation of readiness of patrol policemen to carry out professional activity requires development of their communicative competence as a component of the general professional competence. The level of its formation determines the ability of the specialist to act constructively in specific situations in interpersonal interaction related to peculiarities of their work. The paper presents an argument for the specifics of professional activity of patrol policemen, the importance of formation and development of communicative competence in their professional activity, readiness and ability to effectively communicate with citizens in everyday life and extreme situations. We see the prospects for further research of the problem in question in an empirical study of the peculiarities of the formation of communicative competence of patrol policemen in the course of their professional training.

THE ESSENCE OF THE MECHANISM OF NATIONAL LEGAL REGULATION OF SOCIAL PROTECTION OF EMPLOYEES JUDICIAL SYSTEM

Valery Zhuravel

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

ORCID ID: 0000-0003-1910-8200

Anotation. The relevance of the article is that the definition of the mechanism of national legal regulation of social protection of employees of the judiciary. Consideration of legal regulation within the mechanism will provide an opportunity to analyze it as a unified and logically ordered system, and thus better explore the essence of all processes and procedures that take place to implement, ensure and protect the right to social protection of judicial staff. The study of the mechanism of national legal regulation of social protection of judicial system employees should be aimed at identifying the constituent elements of such a mechanism, as it will highlight legal regulation as a dynamic process with a clear purpose and objectives. It is concluded that the disadvantages of the elements of the studied mechanism include the fact that the social protection of judicial staff is heterogeneous, for example, the right to official housing or free medical care does not apply to all employees and is regulated differently. However, special social protection for judicial staff was provided to ensure the independence of the judiciary.
Keywords: The relevance of the article is that the definition of the mechanism of national legal regulation of social protection of employees of the judiciary. Consideration of legal regulation within the mechanism will provide an opportunity to analyze it as a unified and logically ordered system, and thus better explore the essence of all processes and procedures that take place to implement, ensure and protect the right to social protection of judicial staff. The study of the mechanism of national legal regulation of social protection of judicial system employees should be aimed at identifying the constituent elements of such a mechanism, as it will highlight legal regulation as a dynamic process with a clear purpose and objectives. It is concluded that the disadvantages of the elements of the studied mechanism include the fact that the social protection of judicial staff is heterogeneous, for example, the right to official housing or free medical care does not apply to all employees and is regulated differently. However, special social protection for judicial staff was provided to ensure the independence of the judiciary.

FEATURES OF THE USE OF SOCIO-PSYCHOLOGICAL AND MATHEMATICAL METHODS IN THE CRIMINOLOGICAL ANALYSIS OF CRIME

Maksym Zabarnyi

Ph.D., Associate Professor of Criminal Law and Criminology University of the State Fiscal Service of Ukraine (Irpin, Kyiv region, Ukraine)

ORCID ID: 0000-0002-8712-9149

Anotation. In the article the author analyzes the peculiarities of the use of socio-psychological and mathematical methods in the criminological analysis of crime. It is noted that the key factors for successful analysis are: a clear understanding of the objectives of the analysis; impartiality (maximum objectivity of the analyst); collecting information from the maximum possible number of open sources; application of “weighting factors” to each information; clarity of data presentation; competent analysis of the received information. Particular attention is paid to such a sociological method as the survey. This method involves obtaining information about the objective facts of life (events of the past and present), as well as the subjective world of respondents (their inclinations, interests, motives, etc.).
Keywords: In the article the author analyzes the peculiarities of the use of socio-psychological and mathematical methods in the criminological analysis of crime. It is noted that the key factors for successful analysis are: a clear understanding of the objectives of the analysis; impartiality (maximum objectivity of the analyst); collecting information from the maximum possible number of open sources; application of “weighting factors” to each information; clarity of data presentation; competent analysis of the received information. Particular attention is paid to such a sociological method as the survey. This method involves obtaining information about the objective facts of life (events of the past and present), as well as the subjective world of respondents (their inclinations, interests, motives, etc.).

THE ROLE AND IMPORTANCE OF DIGITAL TRANSFORMATION OF THE REGION

Mykyta Zahriichuk

Candidate of the Department of Law Enforcement and Police Kharkiv National University of Internal Affairs

ORCID ID: 0000-0002-2148-8962

Anotation. The relevance of the article is that the dominance of digital technologies in modern society facilitates many processes, including in the context of government. However, in order to achieve quality results in the implementation and construction of something new throughout the country, it is important to have the support of each region. Because of this, digital transformation, first of all, is the prerogative of development at the grassroots, regional level, where it plays a special role and importance. The article, based on the analysis of scientific views of scientists, summarizes the features and main properties of the category “region” and points to its priority in the territorial structure of Ukraine as an object of digital transformation. Legislative provisions in the field of state regional policy and innovation development are considered, on the basis of which the conclusion on a high degree of urgency of digital transformation within certain regions is formed.
Keywords: The relevance of the article is that the dominance of digital technologies in modern society facilitates many processes, including in the context of government. However, in order to achieve quality results in the implementation and construction of something new throughout the country, it is important to have the support of each region. Because of this, digital transformation, first of all, is the prerogative of development at the grassroots, regional level, where it plays a special role and importance. The article, based on the analysis of scientific views of scientists, summarizes the features and main properties of the category “region” and points to its priority in the territorial structure of Ukraine as an object of digital transformation. Legislative provisions in the field of state regional policy and innovation development are considered, on the basis of which the conclusion on a high degree of urgency of digital transformation within certain regions is formed.

SPECIFICITY OF LEGAL RESPONSIBILITY FOR VIOLATION OF LABOR LAW

Ivan Kailo

Candidate of Law, Lawyer (Kyiv, Ukraine)

ORCID ID: 0000-0002-4619-6133

Anotation. The article is devoted to the specifics of legal liability for violation of labor legislation. It is argued that legal liability for labor law is an important means of ensuring the right to decent creative work of the employee, in particular the right to: 1) fair, timely and full remuneration for the work created, useful invention, innovation, 2) protection and protection of the results of his intellectual activity as a subject of copyright. Some gaps and imperfections of labor legislation regarding legal liability in labor law have been identified. It is concluded that the legal liability for violation of labor legislation has different manifestations, and the choice of type depends on the level of damage and the presence of not only private but also public interests. Disciplinary and material labor liability is applied exclusively in the framework of employment relations, but may require the involvement of a court in case of misapplication of measures.
Keywords: The article is devoted to the specifics of legal liability for violation of labor legislation. It is argued that legal liability for labor law is an important means of ensuring the right to decent creative work of the employee, in particular the right to: 1) fair, timely and full remuneration for the work created, useful invention, innovation, 2) protection and protection of the results of his intellectual activity as a subject of copyright. Some gaps and imperfections of labor legislation regarding legal liability in labor law have been identified. It is concluded that the legal liability for violation of labor legislation has different manifestations, and the choice of type depends on the level of damage and the presence of not only private but also public interests. Disciplinary and material labor liability is applied exclusively in the framework of employment relations, but may require the involvement of a court in case of misapplication of measures.

THE CONCEPT AND ESSENCE OF PERMIT SERVICE AS A SUBJECT OF ACTIVITY OF THE MINISTRY OF JUSTICE OF UKRAINE

Tetiana Kolotilova

Applicant The Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-1815-0501

Anotation. The scientific work investigated the essence of the permitting activity of the Ministry of Justice of Ukraine, which was preceded by consideration of the preconditions for the emergence of the latter, taking into account the functional component, namely the public service activities of the state. The research is aimed at defining the category of permitting activity of the Ministry of Justice of Ukraine through the prism of consideration of such categories as “public service”, “public permitting service”, etc. It is emphasized that the public service activities of the Ministry of Justice of Ukraine should be understood as legally established, purposeful and public dispositive activities of the relevant body, which is regulated by administrative procedural norms and aimed at ensuring the implementation of state legal policy, bankruptcy policy, notary policy and state registration, and is implemented in most cases by providing public permitting services.
Keywords: The scientific work investigated the essence of the permitting activity of the Ministry of Justice of Ukraine, which was preceded by consideration of the preconditions for the emergence of the latter, taking into account the functional component, namely the public service activities of the state. The research is aimed at defining the category of permitting activity of the Ministry of Justice of Ukraine through the prism of consideration of such categories as “public service”, “public permitting service”, etc. It is emphasized that the public service activities of the Ministry of Justice of Ukraine should be understood as legally established, purposeful and public dispositive activities of the relevant body, which is regulated by administrative procedural norms and aimed at ensuring the implementation of state legal policy, bankruptcy policy, notary policy and state registration, and is implemented in most cases by providing public permitting services.

THE CONCEPT AND ESSENCE OF SOCIAL PROTECTION OF PRIVATE PERSONS AND THE CHIEF STAFF OF THE CIVIL DEFENSE SERVICE AND MEMBERS OF THEIR FAMILIES

Iryna Kondratieva

Candidate of the Department of Law The East Ukrainian National Volodymyr Dahl University (Severodonetsk, Ukraine)

ORCID ID: 0000-0003-0310-4072

Anotation. The relevance of the article is that the primary task of the state is to ensure social protection of its population and create conditions for a sufficient standard of living in the state. Peculiarities of social protection of members of the rank and file and members of the civil defense service and members of their families include: 1) dynamism, taking into account the conditions and situations that contribute to the emergence of legal facts for the social protection of members of the rank and file their families; 2) taking into account risk factors that may affect the life and health of members of the rank and file and senior staff of the civil protection service at the time of performance of their duties; 3) conducting regular diagnostics of the state of physical and psychological health, as well as providing sanatorium treatment in the relevant medical and rehabilitation institutions of Ukraine; 4) the existence of special legislation that determines the features of social protection of privates and officers of the civil protection service; 5) the state policy on social protection of members of the rank and file and senior staff of the civil protection service must also take into account the social protection of their family members; 6) social protection of members of the rank and file and senior staff of the civil protection service includes benefits and other preferences.
Keywords: The relevance of the article is that the primary task of the state is to ensure social protection of its population and create conditions for a sufficient standard of living in the state. Peculiarities of social protection of members of the rank and file and members of the civil defense service and members of their families include: 1) dynamism, taking into account the conditions and situations that contribute to the emergence of legal facts for the social protection of members of the rank and file their families; 2) taking into account risk factors that may affect the life and health of members of the rank and file and senior staff of the civil protection service at the time of performance of their duties; 3) conducting regular diagnostics of the state of physical and psychological health, as well as providing sanatorium treatment in the relevant medical and rehabilitation institutions of Ukraine; 4) the existence of special legislation that determines the features of social protection of privates and officers of the civil protection service; 5) the state policy on social protection of members of the rank and file and senior staff of the civil protection service must also take into account the social protection of their family members; 6) social protection of members of the rank and file and senior staff of the civil protection service includes benefits and other preferences.

ATTORNEY’S PARTICIPATION DURING THE NOTICE OF THE PROFESSIONAL JUDGE'S SUSPICATION

Oleksii Kucher

Postgraduate Student The Luhansk State University of Internal Affairs named after E.O. Didorenko (Severodonetsk, Ukraine)

ORCID ID: 0000-0002-1976-8799

Anotation. The article deals with procedural issues that arise in connection with the violation by law enforcement agencies of the procedure of written notification to a professional judge, the actions of counsel in case of such violations, as well as the procedural consequences of such violations of the law. An analysis of the special procedure for bringing professional judges to criminal responsibility, which is one of the guarantees of the independence of their activities. The position is supported that as a procedural procedure the notification of suspicion has three components: drawing up a written notification of suspicion, serving this notification on the person and explaining to the suspect his rights. It is emphasized that incorrect interpretation of the phrase "written notice of suspicion is carried out" leads to inadmissible actions on the part of the Prosecutor General or his deputy in order to instruct the investigator to serve a notice of suspicion and explain the suspect's rights.
Keywords: The article deals with procedural issues that arise in connection with the violation by law enforcement agencies of the procedure of written notification to a professional judge, the actions of counsel in case of such violations, as well as the procedural consequences of such violations of the law. An analysis of the special procedure for bringing professional judges to criminal responsibility, which is one of the guarantees of the independence of their activities. The position is supported that as a procedural procedure the notification of suspicion has three components: drawing up a written notification of suspicion, serving this notification on the person and explaining to the suspect his rights. It is emphasized that incorrect interpretation of the phrase "written notice of suspicion is carried out" leads to inadmissible actions on the part of the Prosecutor General or his deputy in order to instruct the investigator to serve a notice of suspicion and explain the suspect's rights.

STAGES OF IMPLEMENTATION OF DECISIONS IN CASES ABOUT ADMINISTRATIVE OFFENSES

Kateryna Levytska

Applicant Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-8186-7477

Anotation. The purpose of the article is to determine the stages of implementation of decisions in cases of administrative offenses on the basis of the analysis of the achievements of legal science. The article defines the stages of implementation of resolutions in cases of administrative offenses. It was found that the stage of execution of the resolution on imposition of an administrative penalty includes three stages: appeal of the resolution for execution; direct execution of the resolution; termination of proceedings on execution of the resolution. Four stages of the stage of execution of resolutions on imposition of administrative penalties are distinguished: appeal of the resolution to execution; direct execution; completion of proceedings on execution of the resolution; return execution. It is determined that the first three stages are mandatory, and the fourth – can take place only in certain circumstances.
Keywords: The purpose of the article is to determine the stages of implementation of decisions in cases of administrative offenses on the basis of the analysis of the achievements of legal science. The article defines the stages of implementation of resolutions in cases of administrative offenses. It was found that the stage of execution of the resolution on imposition of an administrative penalty includes three stages: appeal of the resolution for execution; direct execution of the resolution; termination of proceedings on execution of the resolution. Four stages of the stage of execution of resolutions on imposition of administrative penalties are distinguished: appeal of the resolution to execution; direct execution; completion of proceedings on execution of the resolution; return execution. It is determined that the first three stages are mandatory, and the fourth – can take place only in certain circumstances.

ADMINISTRATIVE AND LEGAL SUPPORT OF COORDINATION ACTION OF ANTI-CORRUPTION SUBJECTS: EXPERIENCE OF THE FRENCH REPUBLIC

Halyna Lukianova

Candidate of Law, Associate Professor of Administrative and information law of the Educational and Scientific Institute of Law, Psychology and Innovative Education National Lviv Polytechnic University (Lviv, Ukraine)

ORCID ID: 0000-0003-1109-9299

Anotation. The article is devoted to the study of the experience of France in the legal regulation of administrative and legal support for the coordination of anti-corruption actors. It is established that in France there is a model of administrative and legal support for the coordination of anti-corruption actors, which provides for the creation of a special anti-corruption institution, which is responsible for coordinating the activities of anti-corruption actors and anti-corruption policy in general. It was concluded that, taking into account the experience of the French Republic, it is appropriate to change the status of the Chairman of the National Agency for the Prevention of Corruption and give him greater independence from the Cabinet of Ministers of Ukraine. Relevant changes to the current legislation of Ukraine are proposed and detailed.
Keywords: The article is devoted to the study of the experience of France in the legal regulation of administrative and legal support for the coordination of anti-corruption actors. It is established that in France there is a model of administrative and legal support for the coordination of anti-corruption actors, which provides for the creation of a special anti-corruption institution, which is responsible for coordinating the activities of anti-corruption actors and anti-corruption policy in general. It was concluded that, taking into account the experience of the French Republic, it is appropriate to change the status of the Chairman of the National Agency for the Prevention of Corruption and give him greater independence from the Cabinet of Ministers of Ukraine. Relevant changes to the current legislation of Ukraine are proposed and detailed.

ORIGINS OF PARLIAMENTARISM IN THE HISTORICAL AND LEGAL CONTEXT OF UKRAINE'S DEVELOPMENT

Oleh Malichyn

graduate student of King Danylo University (Ivano-Frankivsk, Ukraine)

ORCID ID: 0000-0001-9914-4567

Anotation. The article is devoted to the search for historical and legal origins of modern parliamentarism. The Chamber of Kievan Rus, the Council of the Cossack era, the Sejm and Magdeburg law, the parliament of Austria- Hungary and the State Duma of Russia, the Soviet era are considered. The construction of modern parliamentarism on fundamentally new principles is analyzed. It is concluded that Ukrainian parliamentarism as a principle of organization of power first appeared only at the end of the twentieth century, although this phenomenon has its deep roots in our lands. The political condition for its emergence was the transformation of the Soviet political system, which resulted in the proclamation of state independence of Ukraine, as well as the emergence of multiparty and ideological pluralism, the crystallization of social and political interests.
Keywords: The article is devoted to the search for historical and legal origins of modern parliamentarism. The Chamber of Kievan Rus, the Council of the Cossack era, the Sejm and Magdeburg law, the parliament of Austria- Hungary and the State Duma of Russia, the Soviet era are considered. The construction of modern parliamentarism on fundamentally new principles is analyzed. It is concluded that Ukrainian parliamentarism as a principle of organization of power first appeared only at the end of the twentieth century, although this phenomenon has its deep roots in our lands. The political condition for its emergence was the transformation of the Soviet political system, which resulted in the proclamation of state independence of Ukraine, as well as the emergence of multiparty and ideological pluralism, the crystallization of social and political interests.

LEGAL GROUNDS FOR GIVING A DIVORCED CHILD WITH FAMILY, REFUGEE STATUS

Andriy Mamulchyk

Applicant State Research Institute of the Ministry of Internal Affairs of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0001-8525-2378

Anotation. The article stipulates that the legal grounds for a child divorced from a family to acquire refugee status include: under the age of 18; arrival on the territory of Ukraine unaccompanied by a family member or persons determined by law / custom who are responsible for such a person or leaving him / her unaccompanied after arrival on the territory of Ukraine; the presence of well-founded fears of being persecuted on the grounds of race, religion, nationality, citizenship (citizenship), belonging to a certain social group or political beliefs; inability to enjoy the protection of the country of origin or previous permanent residence due to these fears; lack of exclusion provisions (except for the conditions for recognizing such a child as a refugee or a person in need of additional protection in another country or staying in a safe third country before arriving in Ukraine with the intention of being recognized as a refugee or a person in need of additional protection).
Keywords: The article stipulates that the legal grounds for a child divorced from a family to acquire refugee status include: under the age of 18; arrival on the territory of Ukraine unaccompanied by a family member or persons determined by law / custom who are responsible for such a person or leaving him / her unaccompanied after arrival on the territory of Ukraine; the presence of well-founded fears of being persecuted on the grounds of race, religion, nationality, citizenship (citizenship), belonging to a certain social group or political beliefs; inability to enjoy the protection of the country of origin or previous permanent residence due to these fears; lack of exclusion provisions (except for the conditions for recognizing such a child as a refugee or a person in need of additional protection in another country or staying in a safe third country before arriving in Ukraine with the intention of being recognized as a refugee or a person in need of additional protection).

US AND EU EXPERIENCE IN ADMINISTRATIVE AND LEGAL REGULATION OF RELATIONS IN THE ELECTRIC POWER SECTOR AND DIRECTIONS OF BORROWING

Dmytro Mykolaiets

Graduate Student Taras Shevchenko National University of Kyiv (Kyiv, Ukraine)

ORCID ID: 0000-0002-1341-9562

Anotation. The article analyzes the main energy efficiency indicators that determine the rating of Ukraine among other countries. The foreign experience of using modern smart-technologies, mechanisms and tools to ensure energy efficiency based on the model of smart grids is studied. The algorithm for forming a model of smart energy networks at the level of individual regions requires the solution of interrelated problems: determining the impact of the territorial management system on management decisions in the energy sector; formation of tools to stimulate electricity suppliers and consumers; search for a specific consumer; ensuring an appropriate certification system; increasing the volume of electricity transit without building new network facilities; increasing the reliability of power supply, reducing the time of emergency shutdown; increase of efficiency of loading of the equipment of power networks; development of distributed energy generation and intensification of the use of alternative energy sources; reduction of electricity generation costs and the level of electricity losses in the power grids; reducing the impact of energy facilities on the environment; providing two-way communication with the consumer; detection of irrational use and theft of electricity, damage to equipment, as well as reducing the cost of energy resources, subject to the introduction of differentiated tariffs.
Keywords: The article analyzes the main energy efficiency indicators that determine the rating of Ukraine among other countries. The foreign experience of using modern smart-technologies, mechanisms and tools to ensure energy efficiency based on the model of smart grids is studied. The algorithm for forming a model of smart energy networks at the level of individual regions requires the solution of interrelated problems: determining the impact of the territorial management system on management decisions in the energy sector; formation of tools to stimulate electricity suppliers and consumers; search for a specific consumer; ensuring an appropriate certification system; increasing the volume of electricity transit without building new network facilities; increasing the reliability of power supply, reducing the time of emergency shutdown; increase of efficiency of loading of the equipment of power networks; development of distributed energy generation and intensification of the use of alternative energy sources; reduction of electricity generation costs and the level of electricity losses in the power grids; reducing the impact of energy facilities on the environment; providing two-way communication with the consumer; detection of irrational use and theft of electricity, damage to equipment, as well as reducing the cost of energy resources, subject to the introduction of differentiated tariffs.

THE IMPORTANCE OF THE TRANSLATOR'S PARTICIPATION IN THE CRIMINAL PROCESS

Oleg Mora

applicant of the University of Modern Thefts (Kyiv, Ukraine)

ORCID ID: 0000-0001-9164-4567

Anotation. Although scholars are very interested in the procedural status of a convict, the mechanism for exercising his rights is insufficiently established. With the increase in the number of criminal offenses committed by international criminal groups and Ukrainian emigrants in the field of foreign economic relations, there is an urgent need for an interpreter to overcome language barriers, ensure the rights of participants in criminal proceedings and solve the main tasks of criminal proceedings. This article is devoted to the participation of a translator in criminal proceedings. This article conducts a comprehensive theoretical study of the importance of the participation of translators in criminal investigations and trials.
Keywords: Although scholars are very interested in the procedural status of a convict, the mechanism for exercising his rights is insufficiently established. With the increase in the number of criminal offenses committed by international criminal groups and Ukrainian emigrants in the field of foreign economic relations, there is an urgent need for an interpreter to overcome language barriers, ensure the rights of participants in criminal proceedings and solve the main tasks of criminal proceedings. This article is devoted to the participation of a translator in criminal proceedings. This article conducts a comprehensive theoretical study of the importance of the participation of translators in criminal investigations and trials.

UKRAINE IN THE SYSTEM OF SUBJECTS OF PROTECTION OF STATE SOVEREIGNTY AND TERRITORIAL INTEGRITY

Andrii Naumov

Applicant The Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-2129-4711

Anotation. The purpose of the article is to establish the place of the Security Service of Ukraine in the system of subjects of protection of state sovereignty and territorial integrity. The article, based on the analysis of scientific views of scholars on the interpretation of such concepts as: the subject and the subject of law, formed its own approach to understanding the subject of protection of state sovereignty and territorial integrity of Ukraine. The range of public authorities that make up the system of subjects of protection of state sovereignty and territorial integrity has been determined, as well as their classification. It is substantiated that the Security Service of Ukraine occupies an independent and autonomous place in the relevant system, due to the specifics of the tasks and functions it performs in this direction.
Keywords: The purpose of the article is to establish the place of the Security Service of Ukraine in the system of subjects of protection of state sovereignty and territorial integrity. The article, based on the analysis of scientific views of scholars on the interpretation of such concepts as: the subject and the subject of law, formed its own approach to understanding the subject of protection of state sovereignty and territorial integrity of Ukraine. The range of public authorities that make up the system of subjects of protection of state sovereignty and territorial integrity has been determined, as well as their classification. It is substantiated that the Security Service of Ukraine occupies an independent and autonomous place in the relevant system, due to the specifics of the tasks and functions it performs in this direction.

EUROPEAN EXPERIENCE OF PUBLIC ADMINISTRATION OF ECONOMIC COMPETITION AND RESTRICTIONS OF MONOPOLISM

Yuliia Nevinhlovska

Graduate Student The Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0001-8184-1425

Anotation. The purpose of the article is to examine the experience of EU member states in the public administration of economic competition and the restriction of monopoly. The article examines the experience of EU member states in public administration of economic competition and restriction of monopoly. An important guarantee of economic growth in the state is the fight against such negative manifestations as the monopolistic situation. Based on the analysis of European experience in public administration of economic competition and restriction of monopoly, we conclude that special attention is paid to control and transparency of information in this area, decision-making is collegial. Ukraine, together with the European Union, needs to effectively monitor compliance with competition laws and limit monopolies.
Keywords: The purpose of the article is to examine the experience of EU member states in the public administration of economic competition and the restriction of monopoly. The article examines the experience of EU member states in public administration of economic competition and restriction of monopoly. An important guarantee of economic growth in the state is the fight against such negative manifestations as the monopolistic situation. Based on the analysis of European experience in public administration of economic competition and restriction of monopoly, we conclude that special attention is paid to control and transparency of information in this area, decision-making is collegial. Ukraine, together with the European Union, needs to effectively monitor compliance with competition laws and limit monopolies.

EUROPEAN EXPERIENCE OF PUBLIC ADMINISTRATION OF TURNOVER OF MEDICAL EQUIPMENT AND MEDICAL PURPOSES

Nataliia Nekrasova

Graduate Student The Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-4196-8628

Anotation. The purpose of the article is to reveal the positive foreign experience of public administration of the circulation of medical equipment and medical supplies in Ukraine on the basis of the works of foreign legal scholars and to identify the main factors for improving this area. The article stipulates that the adoption of the European experience of public administration of medical equipment and medical supplies includes the identification of some aspects of public law activities of public authorities directly related to the regulation of registration, certification and import of medicines, medical equipment and other medical supplies. In the practical activities of our country, in particular from the analyzed information, we highlight the positive experience of the formation of public pharmacies in the UK, which allows the state to control prices in the field of circulation of medical equipment and medical supplies.
Keywords: The purpose of the article is to reveal the positive foreign experience of public administration of the circulation of medical equipment and medical supplies in Ukraine on the basis of the works of foreign legal scholars and to identify the main factors for improving this area. The article stipulates that the adoption of the European experience of public administration of medical equipment and medical supplies includes the identification of some aspects of public law activities of public authorities directly related to the regulation of registration, certification and import of medicines, medical equipment and other medical supplies. In the practical activities of our country, in particular from the analyzed information, we highlight the positive experience of the formation of public pharmacies in the UK, which allows the state to control prices in the field of circulation of medical equipment and medical supplies.

THE PLACE OF THE SECURITY SERVICE OF UKRAINE IN THE SYSTEM CRITICAL INFRASTRUCTURE PROVIDERS

Ivan Osypchuk

Applicant The Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-3125-2893

Anotation. The article analyzes the legal acts on determining the place of the Security Service of Ukraine in the system of critical infrastructure. Scientific approaches to understanding the concepts of "subject" and "system of subjects" were clarified, which led to the conclusion that to determine the place of a particular body in the system of subjects is not enough to study only the set of its rights and responsibilities. also need the main purpose and structure that characterize a particular subject. In addition, because the system acts as a whole, all its participants require consideration. Scientific generalization of draft legislation defining the system of critical infrastructure protection entities has been carried out, and it has been proved that the latter do not refer to the creation of an exhaustive list of clearly specified bodies and persons involved in ensuring safety and sustainability of critical infrastructure. characterize a certain type of individual entities with a typical purpose or objectives.
Keywords: The article analyzes the legal acts on determining the place of the Security Service of Ukraine in the system of critical infrastructure. Scientific approaches to understanding the concepts of "subject" and "system of subjects" were clarified, which led to the conclusion that to determine the place of a particular body in the system of subjects is not enough to study only the set of its rights and responsibilities. also need the main purpose and structure that characterize a particular subject. In addition, because the system acts as a whole, all its participants require consideration. Scientific generalization of draft legislation defining the system of critical infrastructure protection entities has been carried out, and it has been proved that the latter do not refer to the creation of an exhaustive list of clearly specified bodies and persons involved in ensuring safety and sustainability of critical infrastructure. characterize a certain type of individual entities with a typical purpose or objectives.

TAX PREVENTION IN THE FIELD OF TAXATION: TODAY'S CHALLENGES

Olga Pavlyukh

Senior Lecturer, Department of Theory, History of Law and State and Constitutional Law, University of the State Fiscal Service of Ukraine (Irpen, Ukraine)

ORCID ID: 0000-0002-7850-8977

Anotation. The article considers the opinions of scientists on the general social prevention of crime in the field of taxation. It is noted that today there is no clear mechanism of interaction between law enforcement agencies, supervisory authorities and institutions of the economic system, which can provide effective counteraction to crimes in the tax sphere. In this regard, the directions of general social prevention of crime in the field of taxation are proposed.
Keywords: The article considers the opinions of scientists on the general social prevention of crime in the field of taxation. It is noted that today there is no clear mechanism of interaction between law enforcement agencies, supervisory authorities and institutions of the economic system, which can provide effective counteraction to crimes in the tax sphere. In this regard, the directions of general social prevention of crime in the field of taxation are proposed.

POLICE OFFICERS AS SUBJECTS OF DISCIPLINARY RESPONSIBILITY

Oleh Panov

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

ORCID ID: 0000-0002-9312-0852

Anotation. The relevance of the article is that one of the large and specific groups of subjects of disciplinary responsibility are police officers. They are a specific category of workers who perform a wide and important range of functions, some of which are related to the use of state coercion. Because of this, bringing these persons to disciplinary responsibility takes place in a special manner and in the presence of a number of exceptional grounds not inherent in other categories of employees. Based on the analysis of numerous doctrinal sources, the key features and characteristics of disciplinary liability as a branch of the phenomenon of legal liability in law are revealed. The legal status of employees of the National Police of Ukraine was assessed and its basis for differences from other categories of employees was determined. A conclusion is offered on the features that characterize police officers as subjects of disciplinary responsibility.
Keywords: The relevance of the article is that one of the large and specific groups of subjects of disciplinary responsibility are police officers. They are a specific category of workers who perform a wide and important range of functions, some of which are related to the use of state coercion. Because of this, bringing these persons to disciplinary responsibility takes place in a special manner and in the presence of a number of exceptional grounds not inherent in other categories of employees. Based on the analysis of numerous doctrinal sources, the key features and characteristics of disciplinary liability as a branch of the phenomenon of legal liability in law are revealed. The legal status of employees of the National Police of Ukraine was assessed and its basis for differences from other categories of employees was determined. A conclusion is offered on the features that characterize police officers as subjects of disciplinary responsibility.

THEORETICAL AND LEGAL APPROACH TO DISCLOSURE OF THE ESSENCE OF THE OBJECT COMPONENT OF ADMINISTRATIVE AND LEGAL REGULATION OF ENTREPRENEURIAL ACTIVITY

Denys Paramanov

Graduate Student Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-2158-4700

Anotation. The article is devoted to disclosure essence of object component administrative and legal regulation entrepreneurial activity in Ukraine. This topic is not new for administrative and legal science. However, new paradigm development of the subject of administrative law requires a different look at the essence of the regulatory processes of administrative and legal norms on public relations, including in the field of entrepreneurial activity. It is determined that the state, represented by the authorized bodies of power, must use an arsenal of legal means adequate to the modern conditions of the development of social relations. This concerns, first of all, the understanding of the need to move away from the dogma of the exclusive influence of administrative and legal regulation on public legal relations using classical methods inherent in this type of legal regulation. It has been proved that the essence of administrative and legal regulation of entrepreneurial activity in Ukraine lies in the peculiarities of public legal relations – economic development of the country, support for entrepreneurial activity and protection of the rights of business entities in Ukraine.
Keywords: The article is devoted to disclosure essence of object component administrative and legal regulation entrepreneurial activity in Ukraine. This topic is not new for administrative and legal science. However, new paradigm development of the subject of administrative law requires a different look at the essence of the regulatory processes of administrative and legal norms on public relations, including in the field of entrepreneurial activity. It is determined that the state, represented by the authorized bodies of power, must use an arsenal of legal means adequate to the modern conditions of the development of social relations. This concerns, first of all, the understanding of the need to move away from the dogma of the exclusive influence of administrative and legal regulation on public legal relations using classical methods inherent in this type of legal regulation. It has been proved that the essence of administrative and legal regulation of entrepreneurial activity in Ukraine lies in the peculiarities of public legal relations – economic development of the country, support for entrepreneurial activity and protection of the rights of business entities in Ukraine.

REGULATORY AND LEGAL PRINCIPLES OF ACTIVITY OF AUTHORIZED DIVISIONS (AUTHORIZED PERSONS) ON PREVENTION AND DETECTION OF CORRUPTION: LAW ENFORCEMENT ISSUES

Olha Piskunova

Applicant The Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0001-6712-0366

Anotation. The article provides a scientific analysis of the positions of scientists on the understanding of the legal framework for the activities of authorized entities to prevent, combat and detect corruption. A system of normative legal acts is proposed, which determine the general principles of activity of authorized subdivisions (authorized persons) on issues of prevention and detection of corruption: 1) Constitution of Ukraine; 2) international legal treaties that have been ratified by the highest legislative body on the prevention and combating of corruption; 3) legislative acts that determine the legal and organizational principles of the functioning of the anti-corruption system in Ukraine, the content and procedure for the application of preventive anti-corruption mechanisms, rules for eliminating the consequences of corruption offenses; 4) acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, which are aimed at increasing the effectiveness of measures to prevent and combat corruption; 5) regulations adopted by the National Agency for the Prevention of Corruption, relating to the direct activities of authorized units (authorized persons) for the prevention and detection of corruption and determine the relevant procedures for the prevention and detection of corruption in public administration.
Keywords: The article provides a scientific analysis of the positions of scientists on the understanding of the legal framework for the activities of authorized entities to prevent, combat and detect corruption. A system of normative legal acts is proposed, which determine the general principles of activity of authorized subdivisions (authorized persons) on issues of prevention and detection of corruption: 1) Constitution of Ukraine; 2) international legal treaties that have been ratified by the highest legislative body on the prevention and combating of corruption; 3) legislative acts that determine the legal and organizational principles of the functioning of the anti-corruption system in Ukraine, the content and procedure for the application of preventive anti-corruption mechanisms, rules for eliminating the consequences of corruption offenses; 4) acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, which are aimed at increasing the effectiveness of measures to prevent and combat corruption; 5) regulations adopted by the National Agency for the Prevention of Corruption, relating to the direct activities of authorized units (authorized persons) for the prevention and detection of corruption and determine the relevant procedures for the prevention and detection of corruption in public administration.

ABOUT DISPOSITIVITY, DISPOSITIVE NORMS AND DISPOSITIVE METHOD OF LEGAL REGULATION

Maksym Pochtovyi

Candidate of Law, Head of the Scientific Laboratory sociological monitoring Dnipropetrovsk State University of Internal Affairs (Dnipro, Ukraine)

ORCID ID: 0000-0003-0512-1403

Anotation. The scientific article considers the issue of modern understanding of the essence of the principle of dispositiveness, dispositive norms and dispositive method of legal regulation in the criminal proceedings of Ukraine. At the beginning, the author emphasizes that today there is no unanimity among scholars on the interpretation of the concept of dispositiveness in criminal proceedings. The author formulates his own definition of the concept of dispositiveness in the criminal proceedings of Ukraine – it is a conscious need for active and purposeful activities of entities endowed with dispositive rights, the implementation of which affects the emergence, change or termination of criminal procedural legal relations and aims to defend It is emphasized that the scope of the concept of dispositiveness is broader than the concept of dispositive norms of law, because the latter are a form, means, way of expression and development of dispositiveness in law. Emphasis is placed on the importance of the distinction and content of the concept of “imperative” rule of law and “imperative law”.
Keywords: The scientific article considers the issue of modern understanding of the essence of the principle of dispositiveness, dispositive norms and dispositive method of legal regulation in the criminal proceedings of Ukraine. At the beginning, the author emphasizes that today there is no unanimity among scholars on the interpretation of the concept of dispositiveness in criminal proceedings. The author formulates his own definition of the concept of dispositiveness in the criminal proceedings of Ukraine – it is a conscious need for active and purposeful activities of entities endowed with dispositive rights, the implementation of which affects the emergence, change or termination of criminal procedural legal relations and aims to defend It is emphasized that the scope of the concept of dispositiveness is broader than the concept of dispositive norms of law, because the latter are a form, means, way of expression and development of dispositiveness in law. Emphasis is placed on the importance of the distinction and content of the concept of “imperative” rule of law and “imperative law”.

PROTECTION OF RIGHTS IN THE FIELD OF SOCIAL SECURITY OF CITIZENS WHO HAVE LEFT TO A PERMANENT RESIDENCE ABROAD: A REVIEW OF JUDICIAL PRACTICE

Krystyna Rezvorovych

Candidate of Law, Head of the Department of Civil Law and the process Dnipropetrovsk State University of Internal Affairs (Dnipro, Ukraine)

ORCID ID: 0000-0003-1183-613X

Anotation. The article is devoted to a review of case law on the protection of the rights of persons who have left for permanent residence abroad in the field of social security. The study indicates that the courts defend the citizens of Ukraine and in the case of a popular reason for refusing Ukrainian pensioners living abroad to renew pension benefits due to lack of registration in Ukraine, and thus the absence of an authorized unit of the Pension Fund, to which should be addressed. It is noted that sometimes the courts oblige the Pension Fund to grant pensions to citizens, as the latter oppose the exercise of the right of a migrant pensioner to earned pension, resorting to formal grounds for refusing to accrue a pension, and the courts themselves check all conditions under which a pensioner is entitled to experience, citizenship of Ukraine, etc.). It is concluded that the jurisprudence of recent years, in general, demonstrates the success of protecting the violated rights, freedoms and interests of persons who have moved to a permanent place of residence abroad, which deserves approval, offers ways to address the situation.
Keywords: The article is devoted to a review of case law on the protection of the rights of persons who have left for permanent residence abroad in the field of social security. The study indicates that the courts defend the citizens of Ukraine and in the case of a popular reason for refusing Ukrainian pensioners living abroad to renew pension benefits due to lack of registration in Ukraine, and thus the absence of an authorized unit of the Pension Fund, to which should be addressed. It is noted that sometimes the courts oblige the Pension Fund to grant pensions to citizens, as the latter oppose the exercise of the right of a migrant pensioner to earned pension, resorting to formal grounds for refusing to accrue a pension, and the courts themselves check all conditions under which a pensioner is entitled to experience, citizenship of Ukraine, etc.). It is concluded that the jurisprudence of recent years, in general, demonstrates the success of protecting the violated rights, freedoms and interests of persons who have moved to a permanent place of residence abroad, which deserves approval, offers ways to address the situation.

FEATURES OF ADMINISTRATIVE AND LEGAL PROVISION OF HIGHER ENGINEERING EDUCATION IN UKRAINE

Volodymyr Reznichenko

Candidate of Doctor of Laws Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-6105-8933

Anotation. The article reveals that the peculiarities of administrative and legal support of higher engineering education in Ukraine are as follows: administration of higher engineering education should be carried out in joint activities of public administration entities, subjects of the educational process and engineering specialists who determine the latest engineering trends; innovation is important for the administration of higher engineering education, the search for new knowledge, practices and experience in the field of engineering technologies; the effectiveness of administrative and legal support of higher engineering education is determined by the level of implementation of the acquired knowledge of students in action, ie the ability to use the acquired educational knowledge in professional engineering; the methodology of administration of higher engineering education should include strategic directions of professional training development in accordance with further criteria and requirements of the industry; the national model for the development of higher engineering education in Ukraine should focus on the regional level for the development of a specific territory.
Keywords: The article reveals that the peculiarities of administrative and legal support of higher engineering education in Ukraine are as follows: administration of higher engineering education should be carried out in joint activities of public administration entities, subjects of the educational process and engineering specialists who determine the latest engineering trends; innovation is important for the administration of higher engineering education, the search for new knowledge, practices and experience in the field of engineering technologies; the effectiveness of administrative and legal support of higher engineering education is determined by the level of implementation of the acquired knowledge of students in action, ie the ability to use the acquired educational knowledge in professional engineering; the methodology of administration of higher engineering education should include strategic directions of professional training development in accordance with further criteria and requirements of the industry; the national model for the development of higher engineering education in Ukraine should focus on the regional level for the development of a specific territory.

LOSS OF JUDGE STATUS: CURRENT SITUATION AND PROBLEMS

Vladyslav Rikhter

Graduate Student The Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-2142-7209

Anotation. The purpose of the article is to reveal the public administration of dismissal of judges in Ukraine on the basis of a comprehensive analysis of regulatory frameworks, conceptual ideas and scientific positions. The article analyzes the situation regarding the current state and problems of losing the status of a judge. It is determined that the dismissal of judges is regulated by constitutional and special judicial norms, which determines the important role of this process in the judicial system. It has been proven that the public administration of the dismissal of judges should be carried out objectively and impartially in order to form the most highly qualified judiciary. It was revealed that the main institutional implementer of public administration of dismissal of judges is the High Council of Justice.
Keywords: The purpose of the article is to reveal the public administration of dismissal of judges in Ukraine on the basis of a comprehensive analysis of regulatory frameworks, conceptual ideas and scientific positions. The article analyzes the situation regarding the current state and problems of losing the status of a judge. It is determined that the dismissal of judges is regulated by constitutional and special judicial norms, which determines the important role of this process in the judicial system. It has been proven that the public administration of the dismissal of judges should be carried out objectively and impartially in order to form the most highly qualified judiciary. It was revealed that the main institutional implementer of public administration of dismissal of judges is the High Council of Justice.

ADMINISTRATIVE AND LEGAL STATUS OF THE HIGHER QUALIFICATION COMMISSION OF THE NOTARY AS A SUBJECT OF ENFORCEMENT OF NOTARIAL ACTIVITY IN UKRAINE

Serhii Rozsokha

Candidate of Doctor of Laws Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-6105-8133

Anotation. The purpose of the article is to determine the administrative and legal status of the High Qualification Commission of Notaries as a subject of notarial activity in Ukraine, as a result of revealing the peculiarities of the application of law, analysis of the positions of legal scholars and notary practice. The article stipulates that the administrative and legal status of the High Qualification Commission of Notaries as a subject of notarial activity in Ukraine is the legal status of a special body of notarial governance that provides certification process of obtaining the right to engage in notarial activities and termination of this right in cases provided by law.
Keywords: The purpose of the article is to determine the administrative and legal status of the High Qualification Commission of Notaries as a subject of notarial activity in Ukraine, as a result of revealing the peculiarities of the application of law, analysis of the positions of legal scholars and notary practice. The article stipulates that the administrative and legal status of the High Qualification Commission of Notaries as a subject of notarial activity in Ukraine is the legal status of a special body of notarial governance that provides certification process of obtaining the right to engage in notarial activities and termination of this right in cases provided by law.

CONCEPTS AND SIGNS OF DISCIPLINARY LIABILITY OF PROSECUTORS IN THE CONDITIONS OF A LAW-GOVERNED STATE: A SCIENTIFIC AND THEORETICAL ASPECT

Bohdan Semenenko

Prosecutor The Dnipro District Prosecutor's Office (Kyiv, Ukraine) Graduate Student of the Department of Municipal Law and administrative and legal disciplines Ostroh Academy National University (Ostrog, Ukraine)

ORCID ID: 0000-0002-1889-1713

Anotation. The article explores the key issues of disciplinary liability of prosecutors in a state governed by the rule of law. Emphasis is placed on the need to reform the prosecutor's office, the status of prosecutors, and their disciplinary responsibility. Legislative aspects of disciplinary proceedings are revealed through the prism of the norms of the Labor Code of Ukraine and the Law of Ukraine “On the Prosecutor's Office”. It is noted that the special procedure for bringing prosecutors to disciplinary responsibility is a system of stages of application of disciplinary responsibility to prosecutors, defined by law. In the context of the recent codification of labor legislation and the revision of the draft Labor Code, issues of special disciplinary liability deserve special attention. It is appropriate to emphasize that the draft Labor Code contains only general mechanisms for the application of disciplinary liability, mainly duplicating the provisions of current labor legislation. At the same time, the draft Labor Code before disciplinary action includes reprimands, reprimands and dismissals.
Keywords: The article explores the key issues of disciplinary liability of prosecutors in a state governed by the rule of law. Emphasis is placed on the need to reform the prosecutor's office, the status of prosecutors, and their disciplinary responsibility. Legislative aspects of disciplinary proceedings are revealed through the prism of the norms of the Labor Code of Ukraine and the Law of Ukraine “On the Prosecutor's Office”. It is noted that the special procedure for bringing prosecutors to disciplinary responsibility is a system of stages of application of disciplinary responsibility to prosecutors, defined by law. In the context of the recent codification of labor legislation and the revision of the draft Labor Code, issues of special disciplinary liability deserve special attention. It is appropriate to emphasize that the draft Labor Code contains only general mechanisms for the application of disciplinary liability, mainly duplicating the provisions of current labor legislation. At the same time, the draft Labor Code before disciplinary action includes reprimands, reprimands and dismissals.

ON THE PROBLEM OF DETERMINING THE PRINCIPLES OF PENSION PROVISION FOR JUDGES IN UKRAINE

Yuliia Sokolova

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

ORCID ID: 0000-0003-3211-0394

Anotation. The article, based on the analysis of scientific views of scientists and the norms of current legislation, formulates the concept and presents a range of principles of pension provision for judges in Ukraine. Different approaches of scientists to the classification of pension principles are analyzed. The own approach to grouping of principles of pension provision of judges is constructed and the basic classification groups which unite generallaw, special-branch and special initial principles are resulted. It is emphasized that according to the general theoretical opinion, the principles are classified according to groups formed on the basis of some general factor, such as fixation in the relevant source, prevalence in public relations and so on. Instead, studying the principles of direct pension provision, scientists mostly offer a general list of basic principles that form the basis of this category.
Keywords: The article, based on the analysis of scientific views of scientists and the norms of current legislation, formulates the concept and presents a range of principles of pension provision for judges in Ukraine. Different approaches of scientists to the classification of pension principles are analyzed. The own approach to grouping of principles of pension provision of judges is constructed and the basic classification groups which unite generallaw, special-branch and special initial principles are resulted. It is emphasized that according to the general theoretical opinion, the principles are classified according to groups formed on the basis of some general factor, such as fixation in the relevant source, prevalence in public relations and so on. Instead, studying the principles of direct pension provision, scientists mostly offer a general list of basic principles that form the basis of this category.

IMPROVING THE PROCEDURAL FORM OF EXAMINATION AS A MEANS OF CRIMINAL PROCEDURAL PROVING

Oleksandr Starenkyi

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

ORCID ID: 0000-0002-4517-726X

Anotation. The article examines the problematic issues of the procedural form of examination as a means of criminal procedural evidence on the basis of the results of the analysis of scientific sources, provisions of the current Criminal Procedure Code of Ukraine and the practice of its application, criminal procedural legislation of some foreign countries. It is emphasized that the results of the analysis of the current criminal procedural legislation of Ukraine and the practice of its application indicate the imperfection of the procedural form of examination as a way to obtain evidence or verify already obtained evidence, which negatively affects the goal of criminal procedural evidence and pre-trial investigation. The necessity to conduct an examination on the basis of the resolution of the investigator, the coroner in case of voluntary consent of the person is substantiated, and the compulsory examination - on the basis of the resolution of the prosecutor. It is proposed to provide copies of the protocol to the person who was examined, not only in the case of a compulsory examination, as currently defined in Part 5 of Art. 241 of the Criminal Procedure Code of Ukraine, but also in the case of an examination with her voluntary consent.
Keywords: The article examines the problematic issues of the procedural form of examination as a means of criminal procedural evidence on the basis of the results of the analysis of scientific sources, provisions of the current Criminal Procedure Code of Ukraine and the practice of its application, criminal procedural legislation of some foreign countries. It is emphasized that the results of the analysis of the current criminal procedural legislation of Ukraine and the practice of its application indicate the imperfection of the procedural form of examination as a way to obtain evidence or verify already obtained evidence, which negatively affects the goal of criminal procedural evidence and pre-trial investigation. The necessity to conduct an examination on the basis of the resolution of the investigator, the coroner in case of voluntary consent of the person is substantiated, and the compulsory examination - on the basis of the resolution of the prosecutor. It is proposed to provide copies of the protocol to the person who was examined, not only in the case of a compulsory examination, as currently defined in Part 5 of Art. 241 of the Criminal Procedure Code of Ukraine, but also in the case of an examination with her voluntary consent.

DETERMINANTS AFFECTING THE PERFORMANCE OF SELFISH VIOLENCE OF CHILD CRIMES BY CHILDREN

Khrystyna Stetska

Graduate Student the Department of Criminology and Criminal Enforcement Law National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0001-9305-2720

Anotation. The article clarifies that the determination of committing mercenary violent crimes is a kind of social determination and is a process that, along with environmental conditions, is determined by a number of factors, including: destruction of socio-cultural values, established traditions, loss of trust and respect for government, communities, adults, to each other, reflected primarily on the worldview, lifestyle and socialization of minors. The features that characterize the crime of children, its patterns and socially dangerous trends include: the level of criminal record (penitentiary feature); the stability of the number of children who commit crimes and their insignificant diversity; the dominance of mercenary crime in the general structure of criminal offenses committed by children; group character; prevalence of crimes committed by children in a state of intoxication; the level of juvenile recurrence; high level of latency; hidden reserves of homelessness and neglect; "Virtualization" of crime; features of the territorial distribution of indicators of mercenary violent crime.
Keywords: The article clarifies that the determination of committing mercenary violent crimes is a kind of social determination and is a process that, along with environmental conditions, is determined by a number of factors, including: destruction of socio-cultural values, established traditions, loss of trust and respect for government, communities, adults, to each other, reflected primarily on the worldview, lifestyle and socialization of minors. The features that characterize the crime of children, its patterns and socially dangerous trends include: the level of criminal record (penitentiary feature); the stability of the number of children who commit crimes and their insignificant diversity; the dominance of mercenary crime in the general structure of criminal offenses committed by children; group character; prevalence of crimes committed by children in a state of intoxication; the level of juvenile recurrence; high level of latency; hidden reserves of homelessness and neglect; "Virtualization" of crime; features of the territorial distribution of indicators of mercenary violent crime.

RULES FOR QUALIFYING ACTIONS UNDER ART. 392 OF THE CRIMINAL CODE OF UKRAINE AS A CRIMINAL OFFENSE, COMMITTED IN CRIMINAL-EXECUTIVE INSTITUTIONS IN UKRAINE

Ian Streliuk

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

ORCID ID: 0000-0002-4209-2017

Anotation. The purpose of the article is to highlight some issues of qualification of criminal offenses committed in closed penitentiary institutions in Ukraine. Achieving this goal involves the analysis of scientific works of foreign and domestic scientists on this issue. The article establishes the basic rules of qualification of actions under Art. 392 of the Criminal code of Ukraine as the criminal offense which is committed in penitentiary institutions of the closed type. The positions of domestic and foreign scientists of criminal law on this problem are analyzed. Some issues of qualification of actions that disrupt the work of penitentiary institutions, in particular: for the purpose of committing a criminal offense; object of encroachment; the subject of the offense; isolation conditions. It is emphasized that the notion of grave consequences in criminal offenses should be understood as causing serious bodily injuries, including those that caused the death of the victim, great material damage, significant aggravation of interstate or interethnic relations, serious violations of institutions, organizations and enterprises.
Keywords: The purpose of the article is to highlight some issues of qualification of criminal offenses committed in closed penitentiary institutions in Ukraine. Achieving this goal involves the analysis of scientific works of foreign and domestic scientists on this issue. The article establishes the basic rules of qualification of actions under Art. 392 of the Criminal code of Ukraine as the criminal offense which is committed in penitentiary institutions of the closed type. The positions of domestic and foreign scientists of criminal law on this problem are analyzed. Some issues of qualification of actions that disrupt the work of penitentiary institutions, in particular: for the purpose of committing a criminal offense; object of encroachment; the subject of the offense; isolation conditions. It is emphasized that the notion of grave consequences in criminal offenses should be understood as causing serious bodily injuries, including those that caused the death of the victim, great material damage, significant aggravation of interstate or interethnic relations, serious violations of institutions, organizations and enterprises.

SOME THEORETICAL AND PRACTICAL PROBLEMS OF LEGAL REGULATION OF SOCIAL SECURITY OF SELF-EMPLOYED PERSONS

Yuliia Tarakan

Graduate Student of the Department of Labor Law and Social Security Rights Taras Shevchenko National University of Kyiv (Kyiv, Ukraine)

ORCID ID: 0000-0001-8184-1425

Anotation. The article conducts a theoretical study of the legal regulation of labor of employees. The author conducted a study that proves that self-employed persons are not subjects of labor law, but they are covered by its scope, in particular, regarding guarantees of the right to work. Gaps in legislation are outlined, case law is analyzed and recommendations are provided for improving legal regulation and eliminating gaps. It is concluded that the legal status of a self-employed person should be determined ᴙᴋ established in accordance with the current legal regulation of the specifics of legal identification of a self-employed person y system of law and legal relations based on a special order ïï personalization y given system, acquisition of the subject of law and legal relations, and also on the peculiarities of the legal status of the said person in the mentioned system, which is reflected due to a set of ïï rights and obligations, guarantees ïx compliance and performance, responsibility, as well as other structural elements that ʙ dynamics reveal the specifics of self-employed ᴙᴋ sub ' object of law and legal relations, ïï relationships ɜ other subjects of law, place y relationships ɜ state.
Keywords: The article conducts a theoretical study of the legal regulation of labor of employees. The author conducted a study that proves that self-employed persons are not subjects of labor law, but they are covered by its scope, in particular, regarding guarantees of the right to work. Gaps in legislation are outlined, case law is analyzed and recommendations are provided for improving legal regulation and eliminating gaps. It is concluded that the legal status of a self-employed person should be determined ᴙᴋ established in accordance with the current legal regulation of the specifics of legal identification of a self-employed person y system of law and legal relations based on a special order ïï personalization y given system, acquisition of the subject of law and legal relations, and also on the peculiarities of the legal status of the said person in the mentioned system, which is reflected due to a set of ïï rights and obligations, guarantees ïx compliance and performance, responsibility, as well as other structural elements that ʙ dynamics reveal the specifics of self-employed ᴙᴋ sub ' object of law and legal relations, ïï relationships ɜ other subjects of law, place y relationships ɜ state.

THE ROLE OF THE NATIONAL POLICE OF UKRAINE IN PREVENTING AND COMBATING SOCIAL ORPHANS

Natalia Tkachenko

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

ORCID ID: 0000-0001-7719-1535

Anotation. The relevance of the article is that preventive work with disadvantaged families is one of the priority areas in preventing and preventing social orphanhood. The leading role in this process should be played by the state in the person of its authorized bodies, including the National Police of Ukraine. The place of the National Police in the system of subjects of prevention and counteraction to social orphanhood has been clarified. The system of police units that take measures to combat social orphanhood is considered. The powers of juvenile prevention units and district police officers to prevent and combat social orphanhood are described. The peculiarities of the administrative-jurisdictional activity of police officers in bringing to administrative responsibility parents or persons replacing them as one of the areas of prevention of social orphanhood are highlighted.
Keywords: The relevance of the article is that preventive work with disadvantaged families is one of the priority areas in preventing and preventing social orphanhood. The leading role in this process should be played by the state in the person of its authorized bodies, including the National Police of Ukraine. The place of the National Police in the system of subjects of prevention and counteraction to social orphanhood has been clarified. The system of police units that take measures to combat social orphanhood is considered. The powers of juvenile prevention units and district police officers to prevent and combat social orphanhood are described. The peculiarities of the administrative-jurisdictional activity of police officers in bringing to administrative responsibility parents or persons replacing them as one of the areas of prevention of social orphanhood are highlighted.

CONCERNING THE SIGNIFICANCE OF THE METHOD OF COMMITTING PICKPOCKETING AS AN ELEMENT OF THE FORENSIC CHARACTERISTICS AND THE SUBJECT OF PROOF

Oleksandr Fedorchuk

аpplicant for the Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-4619-6133

Anotation. In the article the methods of pickpocketing as one of the elements of the subject of proof, which is of paramount importance for the development of a private method of investigating these crimes, are considered, attention is drawn to the fact that among the elements of the structure of the criminalistic methodology an important place is taken by the forensic characterization of the crime, practical activity of law enforcement bodies and criminalistics research system of summary information about criminalistic knowledge miscible signs. It is emphasized that pickpocketing is one of the most professional types of criminal activity due to the fact that this type of encroachment requires some training, which involves not only training but also systematic training of thieves.
Keywords: In the article the methods of pickpocketing as one of the elements of the subject of proof, which is of paramount importance for the development of a private method of investigating these crimes, are considered, attention is drawn to the fact that among the elements of the structure of the criminalistic methodology an important place is taken by the forensic characterization of the crime, practical activity of law enforcement bodies and criminalistics research system of summary information about criminalistic knowledge miscible signs. It is emphasized that pickpocketing is one of the most professional types of criminal activity due to the fact that this type of encroachment requires some training, which involves not only training but also systematic training of thieves.

SCIENTIFIC PRINCIPLES OF CRIMINOLOGICAL MONITORING BY POLICE AUTHORITIES

Andriy Fomenko

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

ORCID ID: 0000-0003-3755-4130

Anotation. The article supports the scientific position on the expediency of dividing criminological monitoring into four stages: preparatory (setting goals, developing hypotheses, determining the timing of monitoring, etc.), exploratory (consists in obtaining and processing the necessary criminological information), analytical (consists in careful analysis of preliminary stage of information, development of certain forecasts based on it) and final. It is emphasized that the listed stages are interrelated and consistent, and their observance is mandatory. Otherwise, it will not be possible to make reliable forecasts and effective response measures on the basis of the obtained data. It has been proven that criminological monitoring is an important tool of the police in the process of combating and preventing crime, the effectiveness of which directly depends on compliance with certain rules.
Keywords: The article supports the scientific position on the expediency of dividing criminological monitoring into four stages: preparatory (setting goals, developing hypotheses, determining the timing of monitoring, etc.), exploratory (consists in obtaining and processing the necessary criminological information), analytical (consists in careful analysis of preliminary stage of information, development of certain forecasts based on it) and final. It is emphasized that the listed stages are interrelated and consistent, and their observance is mandatory. Otherwise, it will not be possible to make reliable forecasts and effective response measures on the basis of the obtained data. It has been proven that criminological monitoring is an important tool of the police in the process of combating and preventing crime, the effectiveness of which directly depends on compliance with certain rules.

REGULATORY FRAMEWORK FOR TRANSLATION AND MOVEMENT OF EMPLOYEES IN UKRAINE

Galina Fomina

Postgraduate Student of the Department of Labor Law and social security rights Taras Shevchenko National University of Kiev (Kiev, Ukraine)

ORCID ID: 0000-0003-1140-1778

Anotation. The article is devoted to the formation of an actual scientific thought about the state of legal regulation of the transfer and relocation of workers in modern Ukraine. Based on the analysis of the current legislation of Ukraine, the author comes to the conclusion that the processes of transferring and relocating employees are regulated by a set of norms of international legal acts, norms of national legislative and subordinate acts that have a labor-legal nature (regardless of whether they are an integral part of labor legislation, employment legislation or administrative legislation). A group of international legal acts containing norms directly or indirectly related to the procedures for the transfer and relocation of workers consists of: universal and regional international legal acts containing a ban on forced labor; conventions of the International Labor Organization (for example, conventions № 29, 88, 171); decisions of the European Court of Human Rights (in particular, in the cases of De Wilde, Ooms and Versyp v. Belgium, Rantsev v. Cyprus and Russia).
Keywords: The article is devoted to the formation of an actual scientific thought about the state of legal regulation of the transfer and relocation of workers in modern Ukraine. Based on the analysis of the current legislation of Ukraine, the author comes to the conclusion that the processes of transferring and relocating employees are regulated by a set of norms of international legal acts, norms of national legislative and subordinate acts that have a labor-legal nature (regardless of whether they are an integral part of labor legislation, employment legislation or administrative legislation). A group of international legal acts containing norms directly or indirectly related to the procedures for the transfer and relocation of workers consists of: universal and regional international legal acts containing a ban on forced labor; conventions of the International Labor Organization (for example, conventions № 29, 88, 171); decisions of the European Court of Human Rights (in particular, in the cases of De Wilde, Ooms and Versyp v. Belgium, Rantsev v. Cyprus and Russia).

THEORETICAL AND METHODOLOGICAL BASIS OF RESEARCHING ADMINISTRATIVE OFFENSES IN THE PROCESS OF COMMISSIONING OF CONSTRUCTION OBJECTS

Alla Chernyuk

Postgraduate student The National Academy of Management (Kiev, Ukraine)

ORCID ID: 0000-0002-1228-151X

Anotation. The purpose of the article is to summarize the scientific experience of the theoretical and methodological foundations of the study of administrative offenses in the process of commissioning construction objects. The purpose of the article is to highlight the features of scientific research areas of the indicated problem. The article studies the scientific experience of the theoretical and methodological foundations of the study of administrative offenses in the process of commissioning construction objects. The features of scientific research areas of the indicated problem are highlighted, among which the features of a theoretical, legislative and law enforcement nature are highlighted. It is concluded that the lack of development at the theoretical level, the presence of practical legal issues, as well as the need for a comprehensive study of the problems of applying administrative liability for offenses in the field of construction in general and for administrative offenses in the process of commissioning construction facilities in particular, has led to an interdisciplinary approach and attracted scientific-theoretical and methodological tools of various scientific fields.
Keywords: The purpose of the article is to summarize the scientific experience of the theoretical and methodological foundations of the study of administrative offenses in the process of commissioning construction objects. The purpose of the article is to highlight the features of scientific research areas of the indicated problem. The article studies the scientific experience of the theoretical and methodological foundations of the study of administrative offenses in the process of commissioning construction objects. The features of scientific research areas of the indicated problem are highlighted, among which the features of a theoretical, legislative and law enforcement nature are highlighted. It is concluded that the lack of development at the theoretical level, the presence of practical legal issues, as well as the need for a comprehensive study of the problems of applying administrative liability for offenses in the field of construction in general and for administrative offenses in the process of commissioning construction facilities in particular, has led to an interdisciplinary approach and attracted scientific-theoretical and methodological tools of various scientific fields.

INTERACTION OF THE INVESTIGATOR WITH EXPERTS IN THE PREVENTION OF ACCIDENTS ON THE EXAMPLE OF UKRAINE

Andrei Chichirkin

Postgraduate Research Laboratories on the problems of forensic support The National Academy of Internal Affairs (Kiev, Ukraine)

ORCID ID: 0000-0001-7112-3756

Anotation. The article focuses on such an important condition for increasing the effectiveness of preventive activities of expert criminalistic units as close interaction with the investigative apparatus of law enforcement agencies. The ways of improving the legislative support for the prevention of crime in general, and in the commission of accidents in particular, for example, the adoption of the general law of Ukraine «On the Prevention of Crime», which should provide for specific measures to prevent offenses in the field of accidents. A prophylactic focus should be characteristic of all the activities of expert departments, both for the production of examinations and for scientific and methodological work. Thus, an important condition for increasing the effectiveness of the preventive activities of forensic experts is close interaction with the investigative apparatus of law enforcement agencies.
Keywords: The article focuses on such an important condition for increasing the effectiveness of preventive activities of expert criminalistic units as close interaction with the investigative apparatus of law enforcement agencies. The ways of improving the legislative support for the prevention of crime in general, and in the commission of accidents in particular, for example, the adoption of the general law of Ukraine «On the Prevention of Crime», which should provide for specific measures to prevent offenses in the field of accidents. A prophylactic focus should be characteristic of all the activities of expert departments, both for the production of examinations and for scientific and methodological work. Thus, an important condition for increasing the effectiveness of the preventive activities of forensic experts is close interaction with the investigative apparatus of law enforcement agencies.

USE OF SPECIAL KNOWLEDGE AND PROBLEMS OF APPOINTMENT OF JUDICIAL EXAMINATIONS IN THE INVESTIGATION OF OFFENSES WITH THE PARTICIPATION OF AUTHORITIES AND PERSONS, PERSONS AND PERSONS

Denis Churilov

graduate student of the International Academy of Personnel Management (Kyiv, Ukraine)

ORCID ID: 0000-0001-9115-4821

Anotation. Comprehensive examinations in the investigation of offenses, as a rule, are conducted in specialized expert institutions. Therefore, when making a decision on the appointment of the examination, it is necessary to determine and correctly name the institution to which the examination is entrusted. If the complex examination is entrusted to two or more institutions, the heads of which nominate their representatives to the commission, then each of these institutions must be sent a copy of the decision to appoint an examination, and the studied objects and materials to send to one of these addresses , having made the corresponding assessment in the resolution.
Keywords: Comprehensive examinations in the investigation of offenses, as a rule, are conducted in specialized expert institutions. Therefore, when making a decision on the appointment of the examination, it is necessary to determine and correctly name the institution to which the examination is entrusted. If the complex examination is entrusted to two or more institutions, the heads of which nominate their representatives to the commission, then each of these institutions must be sent a copy of the decision to appoint an examination, and the studied objects and materials to send to one of these addresses , having made the corresponding assessment in the resolution.

CONDUCTING A FORENSIC EXPETISE AT INVESTIGATION OF ILLEGAL MEDICAL ACTIVITIES

Maryna Shakhovnyna

Applicant The University of Modern Knowledge (Kiev, Ukraine)

ORCID ID: 0000-0001-7430-6904

Anotation. The article discusses the main aspects of the forensic medical examination in the investigation of illegal medical activities. It is noted that it is appropriate for the expert to set the task to establish: – the victim suffered from any disease, that he applied for treatment, if yes – what kind; – what kind of medical care should be provided in the presence of such a pathology in a patient and what regulatory documents regulate the provision of the necessary type of medical care (clinical protocols, standards, instructions, etc.); – the possible result for the patient, subject to the provision of appropriate medical care at the present stage of development of the theory and practice of medicine; – there have been negative consequences for the victim through the provided treatment, if yes – which ones, and what degree of severity the latter have; – is there a connection between the disease with which the victim applied and those that occurred after treatment.
Keywords: The article discusses the main aspects of the forensic medical examination in the investigation of illegal medical activities. It is noted that it is appropriate for the expert to set the task to establish: – the victim suffered from any disease, that he applied for treatment, if yes – what kind; – what kind of medical care should be provided in the presence of such a pathology in a patient and what regulatory documents regulate the provision of the necessary type of medical care (clinical protocols, standards, instructions, etc.); – the possible result for the patient, subject to the provision of appropriate medical care at the present stage of development of the theory and practice of medicine; – there have been negative consequences for the victim through the provided treatment, if yes – which ones, and what degree of severity the latter have; – is there a connection between the disease with which the victim applied and those that occurred after treatment.

CONDUCTING AUDITS AND INSPECTIONS AS TYPES OF USE OF SPECIAL KNOWLEDGE IN THE INVESTIGATION OF CORRUPTION CRIMES IN UKRAINE

Oleksandr Shramko

Director Ternopil Scientific Research Forensic Center of the Ministry of Internal Affairs of Ukraine (Ternopil, Ukraine)

ORCID ID: 0000-0002-1080-7750

Anotation. The features of the use of special knowledge in the form of audits and inspections in the investigation of corruption crimes in Ukraine are considered. It is concluded that audits and inspections refer to a non-procedural form of using special knowledge in criminal proceedings. The procedure for appointing and conducting audits and inspections, as well as the procedure for carrying out unscheduled audits and inspections on the example of investigating certain corruption crimes, is described. The author proposed to amend the norm of Article 131 of the Criminal Procedure Code of Ukraine, providing, among the measures to ensure criminal proceedings, the granting of permission to the investigator, the prosecutor to appoint or conduct audits, checks; the procedural procedure for considering such a request by the investigating judge.
Keywords: The features of the use of special knowledge in the form of audits and inspections in the investigation of corruption crimes in Ukraine are considered. It is concluded that audits and inspections refer to a non-procedural form of using special knowledge in criminal proceedings. The procedure for appointing and conducting audits and inspections, as well as the procedure for carrying out unscheduled audits and inspections on the example of investigating certain corruption crimes, is described. The author proposed to amend the norm of Article 131 of the Criminal Procedure Code of Ukraine, providing, among the measures to ensure criminal proceedings, the granting of permission to the investigator, the prosecutor to appoint or conduct audits, checks; the procedural procedure for considering such a request by the investigating judge.

LEGAL PROTECTION OF PROPERTY RIGHTS

Yuliia Shchavynska

Graduate Student The Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0001-7118-2843

Anotation. The purpose of the article is to find out the legal nature and content of administrative and judicial protection of property rights in Ukraine on the basis of the theory of administrative law, the theory of economic law and process, doctrinal opinions on this issue of scientists, current legislation. The article clarifies the content and forms the concept of administrative and judicial protection of property rights. It is proved that this is the administrative activity of public administration entities higher in the hierarchy in relation to state registrars, as well as the system of commercial courts. It is aimed at identifying the content with the essence of the violated rights and interests of the owners of property rights carried out by the act of state registration of property rights and their restoration in the process of making an appellate legal decision.
Keywords: The purpose of the article is to find out the legal nature and content of administrative and judicial protection of property rights in Ukraine on the basis of the theory of administrative law, the theory of economic law and process, doctrinal opinions on this issue of scientists, current legislation. The article clarifies the content and forms the concept of administrative and judicial protection of property rights. It is proved that this is the administrative activity of public administration entities higher in the hierarchy in relation to state registrars, as well as the system of commercial courts. It is aimed at identifying the content with the essence of the violated rights and interests of the owners of property rights carried out by the act of state registration of property rights and their restoration in the process of making an appellate legal decision.

REASONABILITY OF TERMS OF PRE-TRIAL INVESTIGATION AND GUARANTEE OF THE PROSECUTOR'S COMPLIANCE

Volodymyr Yusubov

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

ORCID ID: 0000-0001-6115-6757

Anotation. The article is intended to investigate the legal essence of the wisdom of time as a basis of criminal procedural law of Ukraine, in order to carry out the analytical identification of the principle and the prudence of the terms of pre-trial investigation. National law regulation of the article definitions base applies to the lexical and philosophical conception of reasonableness. It was found that in case of failure to make any of the possible decisions on the completion of the pretrial investigation, all applied measures to ensure criminal proceedings in the case continue – the precautionary measure in the form of bail, seizure of property of the suspect and a third party – because they are all indefinite and have special, initiative procedures for cancellation or termination.
Keywords: The article is intended to investigate the legal essence of the wisdom of time as a basis of criminal procedural law of Ukraine, in order to carry out the analytical identification of the principle and the prudence of the terms of pre-trial investigation. National law regulation of the article definitions base applies to the lexical and philosophical conception of reasonableness. It was found that in case of failure to make any of the possible decisions on the completion of the pretrial investigation, all applied measures to ensure criminal proceedings in the case continue – the precautionary measure in the form of bail, seizure of property of the suspect and a third party – because they are all indefinite and have special, initiative procedures for cancellation or termination.

ELECTRONIC GOVERNANCE AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN THE FIELD OF PROVIDING HIGHER LEGAL EDUCATION IN UKRAINE

Olena Yara

Candidate of Law, Professor, PhD student The Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-7245-9158

Anotation. The article reveals the content and features of e-government and protection of intellectual property rights in the field of higher legal education. It is proved that e-government in the analyzed area is a form of social justice and convenience of obtaining higher legal education, obtained using information and telecommunication technologies, through end-to-end electronic support of higher legal education, independent assessment of students, extensive use of distance learning and assessment, solving reference and complete problems of applicants for higher legal education through electronic distance communication.
Keywords: The article reveals the content and features of e-government and protection of intellectual property rights in the field of higher legal education. It is proved that e-government in the analyzed area is a form of social justice and convenience of obtaining higher legal education, obtained using information and telecommunication technologies, through end-to-end electronic support of higher legal education, independent assessment of students, extensive use of distance learning and assessment, solving reference and complete problems of applicants for higher legal education through electronic distance communication.