Journal №7 (51) / 2022|KELM

LIST OF FILES

THE NORMS OF LAW AT THE LESSONS OF DEMOCRATIC EDUCATION AT THE ELEMENTARY SCHOOL

Roman Zvarych

Bachelor of Pedagogical Education, Master of Laws, Lawyer, Candidate of Historical Sciences (Ph.D.), Lecturer of Social Sciences of Kolomyia Pedagogical Professional College of the Ivano-Frankivsk Regional Council (Kolomyia, Ukraine)

ORCID ID: 0000-0003-3936-3602

Anotation. The norms of law are the kind of behavioral regulators of public relations, relations, first of all, between us, people, and our organizations, associations or representative state-legal institutions. The methods of scientific knowledge emphasize the priority of implementation and cultivation of the Ukrainian self-consciousness in primary school pupils for consolidation of the Ukrainian people in the conditions of genocide and war. Legal grounds for studying the norms of the right to employment of civil education in the primary school are highlighted. Some norms of the Law of Ukraine «On Education», the Law of Ukraine «On Full General Secondary Education», the order of the Cabinet of Ministers of Ukraine «On Approval of the Concept of Civil Education Development in Ukraine», the Cabinet of Ministers of Ukraine «State Standard of Primary Education» in the legislative mechanisms of realization of democratic education at the classes at the primary school have been analyzed. The concept of «rule» in the Ukrainian language is described, the role of Christian ideology in the development of modern principles of law regulating behavior of people is defined. A possible method of studying the norms of the right to employment of civil education in the primary school is presented. The constitutional principle of behavior of people is emphasized – in principle humanism.
Keywords: The norms of law are the kind of behavioral regulators of public relations, relations, first of all, between us, people, and our organizations, associations or representative state-legal institutions. The methods of scientific knowledge emphasize the priority of implementation and cultivation of the Ukrainian self-consciousness in primary school pupils for consolidation of the Ukrainian people in the conditions of genocide and war. Legal grounds for studying the norms of the right to employment of civil education in the primary school are highlighted. Some norms of the Law of Ukraine «On Education», the Law of Ukraine «On Full General Secondary Education», the order of the Cabinet of Ministers of Ukraine «On Approval of the Concept of Civil Education Development in Ukraine», the Cabinet of Ministers of Ukraine «State Standard of Primary Education» in the legislative mechanisms of realization of democratic education at the classes at the primary school have been analyzed. The concept of «rule» in the Ukrainian language is described, the role of Christian ideology in the development of modern principles of law regulating behavior of people is defined. A possible method of studying the norms of the right to employment of civil education in the primary school is presented. The constitutional principle of behavior of people is emphasized – in principle humanism.

TRENDS AND PROSPECTS FOR THE DEVELOPMENT OF THE IDEA OF EQUALITY AND NON-DISCRIMINATION IN THE UKRAINIAN EDUCATIONAL SPACE

Maryna Mykytenko

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

ORCID ID: 0000-0002-7644-8819

Anotation. Trends in the development of the idea of equality lead to the promotion of a gender approach. Gender change is manifested by individualization of education, which supports a humanistic strategy. Today can be stated the basis of the sutti vu between the real camp of the problem of advancing the gender culture of conscience and the practice of promoting gender education in the lighting institutions. The gender component is to blame for the introductions in the educational programs as a competence, which can lead a graduate after completing the training. Or the correction and improvement of the change of initial cursives, which are already being implemented in the lighting process, with a gender component. As a result of his effective creation of optimal minds for maximum self-realization, for the formation of gender self-confidence (recognition of the equality of rights and freedoms of women and people; tolerance for representatives of both articles, too).
Keywords: Trends in the development of the idea of equality lead to the promotion of a gender approach. Gender change is manifested by individualization of education, which supports a humanistic strategy. Today can be stated the basis of the sutti vu between the real camp of the problem of advancing the gender culture of conscience and the practice of promoting gender education in the lighting institutions. The gender component is to blame for the introductions in the educational programs as a competence, which can lead a graduate after completing the training. Or the correction and improvement of the change of initial cursives, which are already being implemented in the lighting process, with a gender component. As a result of his effective creation of optimal minds for maximum self-realization, for the formation of gender self-confidence (recognition of the equality of rights and freedoms of women and people; tolerance for representatives of both articles, too).

PROBLEMS OF THE FORMATION AND DEVELOPMENT OF PERSONALITY IN THE PROSE WORKS OF UKRAINIAN WRITERS OF TRANSCARPATHIA (20–30S OF THE XX CENTURY)

Iryna Rozman, Oksana Lemak

Iryna Rozman, Doctor of Pedagogical Sciences, Professor, Professor of the Department of English Language, Literature with Teaching Methods Mukachevo State University (Mukachevo, Ukraine)
Oksana Lemak, Applicant of the third (educational and scientific) level of higher education Doctor of Philosophy Mukachevo State University (Mukachevo, Ukraine)

ORCID ID: 0000-0002-4951-0074, ORCID: 0000 0001 5439 2247

Anotation. The article analyzes the problems of personality formation and development, reflected in the works of Ukrainian writers of Transcarpathia in the 20s and 30s of the 20th century. Emphasis is placed on the works of Vasyl Grendzhi-Donsky, Fedor Potushniak and Yuriy Stanynets, which are distinguished by their deep insight into the inner world of man. The article emphasizes that in the literary criticism of the studied period there was a tendency to interpret works of art that were based on folklore sources and folk epics and raised acute social problems such as "ethnography" and "primitive life". Two important aspects of Transcarpathia's prose are noted, which are occasionally brought up by pedagogical science, but are actualized under the conditions of the Russian-Ukrainian war and its consequences. Special attention is paid to the powerful educational potential of the idea, according to which, being in conditions of peace, family harmony, prosperity, children and adults should appreciate and realize the need for their preservation, protection and nurturing through conscientious study and work.
Keywords: The article analyzes the problems of personality formation and development, reflected in the works of Ukrainian writers of Transcarpathia in the 20s and 30s of the 20th century. Emphasis is placed on the works of Vasyl Grendzhi-Donsky, Fedor Potushniak and Yuriy Stanynets, which are distinguished by their deep insight into the inner world of man. The article emphasizes that in the literary criticism of the studied period there was a tendency to interpret works of art that were based on folklore sources and folk epics and raised acute social problems such as "ethnography" and "primitive life". Two important aspects of Transcarpathia's prose are noted, which are occasionally brought up by pedagogical science, but are actualized under the conditions of the Russian-Ukrainian war and its consequences. Special attention is paid to the powerful educational potential of the idea, according to which, being in conditions of peace, family harmony, prosperity, children and adults should appreciate and realize the need for their preservation, protection and nurturing through conscientious study and work.

MEANS OF IMPLEMENTATION OF THE CONCEPTS "MAN" / "WOMAN" IN NOVEL ROKSOLANA OF PAVEL ZAGREBELNY OF PAVLO ZAGREBELNY

Lilia Ruskulis, Іnna Rodionova

Lilia Ruskulis, Doctor of Pedagogical Sciences, Professor of the Department of the Ukrainian Language and Literature, V. O. Sukhomlynsky Mykolaiv National University (Mykolaiv, Ukraine)
Іnna Rodionova, Candidate of Sciences in Philology, Associate Professor, Associate Professor at the Department of Ukrainian Language and Literature, V. O. Sukhomlynskyi Mykolayiv National University (Mykolaiv, Ukraine)

ORCID ID: 0000-0003-2293-5715, ORCID ID: 0000-0002-3020-8764

Anotation. The article examines the concepts of "Man"/"Woman" used by Pavel Zagrebelny in the historical novel "Roksolana". Was found that currently there is no unambiguous understanding of the term "concept" in the scientific literature, the following invariant features of it are emphasized: the minimal unit of human experience in its ideal form, verbalized with the help of a word; basic units of processing, storage and transfer of knowledge; availability of flexible content boundaries; the concept is social, while the associative field conditions its pragmatics; cultural markedness. As a basis for the researches of the concepts of "Man" and "Woman" in P. Zagrebelny's novel "Roksolana", we chose the classification proposed by O. Chybysheva, who proposed to distinguish micro-concepts: "external characteristics of a person", "internal characteristics of a person" and "social characteristics of a person" , which reflects all the hypostases of a man/woman: natural-physical, physiological, psychological, intellectual and social-status, etc. Was established that the verbalization of the analyzed concepts "Man"/"Woman" has a national specificity, which is determined by the peculiarities of the ethnic consciousness of the language speakers, which is reflected through the prism of social-axiological, emotional-evaluative, moral-ethical indicators.
Keywords: The article examines the concepts of "Man"/"Woman" used by Pavel Zagrebelny in the historical novel "Roksolana". Was found that currently there is no unambiguous understanding of the term "concept" in the scientific literature, the following invariant features of it are emphasized: the minimal unit of human experience in its ideal form, verbalized with the help of a word; basic units of processing, storage and transfer of knowledge; availability of flexible content boundaries; the concept is social, while the associative field conditions its pragmatics; cultural markedness. As a basis for the researches of the concepts of "Man" and "Woman" in P. Zagrebelny's novel "Roksolana", we chose the classification proposed by O. Chybysheva, who proposed to distinguish micro-concepts: "external characteristics of a person", "internal characteristics of a person" and "social characteristics of a person" , which reflects all the hypostases of a man/woman: natural-physical, physiological, psychological, intellectual and social-status, etc. Was established that the verbalization of the analyzed concepts "Man"/"Woman" has a national specificity, which is determined by the peculiarities of the ethnic consciousness of the language speakers, which is reflected through the prism of social-axiological, emotional-evaluative, moral-ethical indicators.

THE QUALITY OF THE PRESCHOOL EDUCATIONAL INSTITUTION'S ENVIRONMENT IN THE FORMATS OF RATING SCALES

Olga Funtikova, Yuliia Demydova

Olga Funtikova, Doctor of Pedagogical Sciences, Professor, Professor of the Preschool Education Department of Mariupol State University (Kyiv, Ukraine)
Yuliia Demydova, Candidate of Pedagogical Sciences, Associate Professor, Associate Professor of the Preschool Education Department of Mariupol State University (Kyiv, Ukraine)

ORCID ID: 0000-0003-4183-3263, ORCID ID: 0000-0001-6587-0152

Anotation. The article presents a system of rating scales, such as: Infant Environment Assessment Scale: ITERS, Early Childhood Environment Assessment Scale: ECERS, Family Childcare Environment Assessment Scale: FCERS, School Age Care Environment Assessment Scale: SACERS. With the help of the theoretical method of analysis, knowledge about the structure of rating scales was obtained. Based on the synthesis method, the abstract aspects of each rating scale were investigated. They have a relationship between subscales, indicators and quantitative indicators. The obtained results constitute pedagogical knowledge about the evolution of rating scales. According to the results of the research, a conclusion was made about the system of rating scales, which have a single methodology for measuring, calculating and interpreting the results of preschoolers' education. The rating scales take into account the peculiarities of the physical, mental and social development of preschool children in the environment of a preschool education institution.
Keywords: The article presents a system of rating scales, such as: Infant Environment Assessment Scale: ITERS, Early Childhood Environment Assessment Scale: ECERS, Family Childcare Environment Assessment Scale: FCERS, School Age Care Environment Assessment Scale: SACERS. With the help of the theoretical method of analysis, knowledge about the structure of rating scales was obtained. Based on the synthesis method, the abstract aspects of each rating scale were investigated. They have a relationship between subscales, indicators and quantitative indicators. The obtained results constitute pedagogical knowledge about the evolution of rating scales. According to the results of the research, a conclusion was made about the system of rating scales, which have a single methodology for measuring, calculating and interpreting the results of preschoolers' education. The rating scales take into account the peculiarities of the physical, mental and social development of preschool children in the environment of a preschool education institution.

ANALYSIS OF V. VINNICHENKO'S SHORT PROSE THROUGH THE PRISM OF O. SPENGLER'S CULTURAL THEORY

Natalia Kobzei

Candidate of Philological Sciences, Associate Professor, Associate Professor at the Department of Philology and Translation, Ivano-Frankivsk National Technical University of Oil and Gas (Ivano-Frankivsk, Ukraine)

ORCID ID: 0000-0001-8288-7079

Anotation. The article analyzes the short prose of V. Vinnichenko, in which the culturological theory of O. Spengler found its representation. It is noted that the latter had an impact on some of the writer's philosophical views, which is why it was reflected in his literary works. Let's say, he was impressed by ideas about the cyclical nature of world processes that do not occur linearly, and about the three inevitable stages of culture – birth, flourishing and decline, described in the thorough work of the German researcher «The Glimpse of Europe». Vynnychenko, like Spengler, believed that the struggle between culture and civilization (the last stage of decline) is ongoing. The latter declines, becoming unsustainable, as soon as the power of the ruling elite becomes absolute, and the interests of the common population cease to be taken into account. The next round of culture will start from the very bottom, where the original human values have not yet been distorted by power and wealth. But for this process to take place, it is necessary that revolutionary movements arise not instinctively, but consciously. The Ukrainian resistance during the time of Vinnichenko did not do this, which is why it suffered a brutal defeat. Today, our society is more united, strong and conscious than ever and has a unique chance to correct all the mistakes of its predecessors.
Keywords: The article analyzes the short prose of V. Vinnichenko, in which the culturological theory of O. Spengler found its representation. It is noted that the latter had an impact on some of the writer's philosophical views, which is why it was reflected in his literary works. Let's say, he was impressed by ideas about the cyclical nature of world processes that do not occur linearly, and about the three inevitable stages of culture – birth, flourishing and decline, described in the thorough work of the German researcher «The Glimpse of Europe». Vynnychenko, like Spengler, believed that the struggle between culture and civilization (the last stage of decline) is ongoing. The latter declines, becoming unsustainable, as soon as the power of the ruling elite becomes absolute, and the interests of the common population cease to be taken into account. The next round of culture will start from the very bottom, where the original human values have not yet been distorted by power and wealth. But for this process to take place, it is necessary that revolutionary movements arise not instinctively, but consciously. The Ukrainian resistance during the time of Vinnichenko did not do this, which is why it suffered a brutal defeat. Today, our society is more united, strong and conscious than ever and has a unique chance to correct all the mistakes of its predecessors.

SECONDARY NOMINATION AS A MEANS OF EXPRESSING THE LANGUAGE OF MODERN SHORT PROSE

Liudmula Prybluda

Candidate of Philological Sciences, Associate Professor of the Department of Humanities National University of Food Technologies (Kyiv, Ukraine)

ORCID ID: 0000-0002-3858-7324

Anotation. The scientific work is devoted to the study of the peculiarities of the functioning of the secondary nomination in the modern short prose of O. Derkachova, Yu. Vinnychuk, O. and T. Lytovchenkov, Iren Rozdobudko. It is noted that metaphor, metonymy, synecdoche, periphrasis as means of secondary nomination are increasingly used due to the desire of modern authors to make the artistic world of their works more expressive and colorful through the use of bright language means. The lexical-semantic features of secondary names are characterized. It is proven that they contribute to the expression of artistic speech and the colorful reproduction of the depicted phenomena of the surrounding reality, reproduced in the language of the studied texts. The authors mostly use a zoomorphic, artifactual metaphor, a special flavor is created by a verbal metaphor. Local and temporal metonymy prevails in the analyzed works of art. A productive type of synecdochic transfer used by the authors is part → whole. Periphrastic nominations form a vivid image system of writers' works of art.
Keywords: The scientific work is devoted to the study of the peculiarities of the functioning of the secondary nomination in the modern short prose of O. Derkachova, Yu. Vinnychuk, O. and T. Lytovchenkov, Iren Rozdobudko. It is noted that metaphor, metonymy, synecdoche, periphrasis as means of secondary nomination are increasingly used due to the desire of modern authors to make the artistic world of their works more expressive and colorful through the use of bright language means. The lexical-semantic features of secondary names are characterized. It is proven that they contribute to the expression of artistic speech and the colorful reproduction of the depicted phenomena of the surrounding reality, reproduced in the language of the studied texts. The authors mostly use a zoomorphic, artifactual metaphor, a special flavor is created by a verbal metaphor. Local and temporal metonymy prevails in the analyzed works of art. A productive type of synecdochic transfer used by the authors is part → whole. Periphrastic nominations form a vivid image system of writers' works of art.

THE RUSSIAN WAY: FROM THE TRADITION OF THE IMPERIAL STATE TO RASHISM

Volodymyr Taran, Taisiia Gayvoronska

Volodymyr Taran, Doctor of Philosophy Science, Professor, Professor of the Department of Social Work and Psychology National University "Zaporizhzhia Polytechnic" (Zaporizhzhia, Ukraine)
Taisiia Gayvoronska, Candidate of Philosophical Sciences, Associate Professor, Dean of the Faculty of Social Sciences National University "Zaporizhzhia Polytechnic" (Zaporizhzhia, Ukraine)

ORCID ID: 0000-0003-1581-2565, ORCID ID: 0000-0002-1165-0194

Anotation. The article reveals the process of transformation of the modern political regime in Russia into a specific form of fascism – rashism. To a large extent, this is due to the tradition of Russian statehood, which, although it underwent significant transformational changes throughout history, preserved the basic signs of imperialism – authoritarianism, expansionism, forced annexation of other territories, the cult of the state and power, mythologized history, ethnophobia, etc., which gradually turned into a stable a component of Russian political culture and the Russian way of thinking. At the theoretical level, this was reflected in the concept of «Russian world». Rashism is fascism, brought to its maximum illogicality as a cult of insanity, as schizo-fascism. It is a form of hyper-imperialism of modern Russia, for which chauvinism, Nazism and genocide have become a natural expression of its imperial essence.
Keywords: The article reveals the process of transformation of the modern political regime in Russia into a specific form of fascism – rashism. To a large extent, this is due to the tradition of Russian statehood, which, although it underwent significant transformational changes throughout history, preserved the basic signs of imperialism – authoritarianism, expansionism, forced annexation of other territories, the cult of the state and power, mythologized history, ethnophobia, etc., which gradually turned into a stable a component of Russian political culture and the Russian way of thinking. At the theoretical level, this was reflected in the concept of «Russian world». Rashism is fascism, brought to its maximum illogicality as a cult of insanity, as schizo-fascism. It is a form of hyper-imperialism of modern Russia, for which chauvinism, Nazism and genocide have become a natural expression of its imperial essence.

PERSONAL FUTURE THROUGH THE EYES OF INTERNALLY DISPLACED PERSONS FROM THE OCCUPIED PARTS OF DONBAS AND CRIMEA

Valeriia Dibrova

Postgraduate Student at the Laboratory of Social Psychology of Personality, Institute of Social and Political Psychology National Academy of Educational Sciences of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0002-5707-9798

Anotation. The long-lasting war in Ukraine caused the forced migration of a large number of people. The research data, which were collected before the start of the full-scale invasion, reflect attitudes towards the future of IDPs from Donbas and Crimea. Today, when the residents of Ukraine are forced to look for safe places in the country and abroad, the conclusions of this study acquire even greater significance. The study of the IDPs’ vision of their future was conducted using the method of incomplete sentences and written narrative. The goal of the research was to find out forced migrants’ feeling about their future, in which spheres of life was reflected their motivation to construct it. Emotional valences in the attitude of IDPs to their future were determined, as well as key themes characterized by an emotional coloring. Among such are relationships with others, new homes, war and occupation of the respondents' hometowns. The analysis of motivational objects illustrate that the time perspective of IDPs’ future is open and uncertain in time. The presence of the consequences of war and forced resettlement both in the length of the future time perspective and in the content of motivations regarding the future was found out.
Keywords: The long-lasting war in Ukraine caused the forced migration of a large number of people. The research data, which were collected before the start of the full-scale invasion, reflect attitudes towards the future of IDPs from Donbas and Crimea. Today, when the residents of Ukraine are forced to look for safe places in the country and abroad, the conclusions of this study acquire even greater significance. The study of the IDPs’ vision of their future was conducted using the method of incomplete sentences and written narrative. The goal of the research was to find out forced migrants’ feeling about their future, in which spheres of life was reflected their motivation to construct it. Emotional valences in the attitude of IDPs to their future were determined, as well as key themes characterized by an emotional coloring. Among such are relationships with others, new homes, war and occupation of the respondents' hometowns. The analysis of motivational objects illustrate that the time perspective of IDPs’ future is open and uncertain in time. The presence of the consequences of war and forced resettlement both in the length of the future time perspective and in the content of motivations regarding the future was found out.

THE SPECIFICS OF THE DEVELOPMENT OF POLITICAL OPPOSITION IN THE CYBERNETIC SPHERE

Yulia Zavhorodnya

Candidate of Political Sciences, Associate Professor, Associate Professor of the Department of Political Theories National University "Odesa Law Academy" (Odesa, Ukraine)

ORCID ID: 0000-0003-3500-8638

Anotation. Political activity is an important element of the country's management system and the system of global relations. In the conditions of digitalization of society, ideas about political and managerial relations are being transformed. Therefore, political development acquires qualitative changes, which are shaped by modern demands from society. As a rule, all political decisions are the result of challenges that will be formed at the global or regional level of relations. In the same way, the question of political modernization originates from the wishes and needs of citizens, which are realized in the form of constructive changes in the relations between political subjects and the specifics of the implementation of political activity. An important role in the implementation of political activity is played by conflict-causing balance in the country. Since, the goals of the imbalance of the political system and governing bodies rely on the conflict-causing situation. "Conflictogenic balance in the state" should be understood as a system of measures that prevent conflicts and a system of measures that carry out stabilization actions of the post-conflict syndrome. Therefore, in the conditions of increasing opportunities for the dissemination of information, there is a need to increase measures to work with society and governing bodies regarding the system of measures in the direction of open communication and the agreement of the parties' positions.
Keywords: Political activity is an important element of the country's management system and the system of global relations. In the conditions of digitalization of society, ideas about political and managerial relations are being transformed. Therefore, political development acquires qualitative changes, which are shaped by modern demands from society. As a rule, all political decisions are the result of challenges that will be formed at the global or regional level of relations. In the same way, the question of political modernization originates from the wishes and needs of citizens, which are realized in the form of constructive changes in the relations between political subjects and the specifics of the implementation of political activity. An important role in the implementation of political activity is played by conflict-causing balance in the country. Since, the goals of the imbalance of the political system and governing bodies rely on the conflict-causing situation. "Conflictogenic balance in the state" should be understood as a system of measures that prevent conflicts and a system of measures that carry out stabilization actions of the post-conflict syndrome. Therefore, in the conditions of increasing opportunities for the dissemination of information, there is a need to increase measures to work with society and governing bodies regarding the system of measures in the direction of open communication and the agreement of the parties' positions.

PECULIARITIES OF REINTEGRATION OF HYBRID WAR VETERANS: THE QUADRUPLE HELIX APPROACH

Тetyana Kolenichenko

PhD, Associated Professor, Associated Professor of Department of Social Work Chernihiv Polytechnic National University (Chernihiv, Ukraine)

ORCID ID: 0000-0003-0357-7457

Anotation. In the provisions of the scientific article, an analysis of the scientific views of foreign and domestic scientists, who were engaged in the study of the reintegration process, has been carried out. We have emphasized the meaningful concept of "reintegration" in order to further define the features of this process and its components. The use of a qualitative method of focus group research allowed us to identify the individual and psychological characteristics of veterans, which determine the process of reintegration and influence its course; needs and problems of veterans, which made it possible to find out the main areas of life in which problems arise and outline the range of needs that are unsatisfied and affect the veteran's life. The identified individual psychological features, needs and problems of veterans became the basis for creating a reintegration environment based on the QUADRUPLE helix conceptual approach. The specified conceptual approach provides for the synergy of all components of the reintegration environment (government, community, business, university) through the prism of innovation production with the aim of creating a reintegration environment that would contribute to the effective process of reintegration of veterans through the prism of meeting their needs and problems, and taking into account their individual and psychological characteristics.
Keywords: In the provisions of the scientific article, an analysis of the scientific views of foreign and domestic scientists, who were engaged in the study of the reintegration process, has been carried out. We have emphasized the meaningful concept of "reintegration" in order to further define the features of this process and its components. The use of a qualitative method of focus group research allowed us to identify the individual and psychological characteristics of veterans, which determine the process of reintegration and influence its course; needs and problems of veterans, which made it possible to find out the main areas of life in which problems arise and outline the range of needs that are unsatisfied and affect the veteran's life. The identified individual psychological features, needs and problems of veterans became the basis for creating a reintegration environment based on the QUADRUPLE helix conceptual approach. The specified conceptual approach provides for the synergy of all components of the reintegration environment (government, community, business, university) through the prism of innovation production with the aim of creating a reintegration environment that would contribute to the effective process of reintegration of veterans through the prism of meeting their needs and problems, and taking into account their individual and psychological characteristics.

“GIORDANO BRUNO AND PANTHEISM” IN THE SCIENTIFIC WORK OF THE GREAT UKRAINIAN PSYCHOLOGIST M. GROT

Pavlo Nesterenko

Postgraduate student of the Department of General and Practical Psychology Faculty of Psychology and Social Work Nizhyn Mykola Gogol State University (Nizhyn, Ukraine)

ORCID ID: 0000-0002-8252-6879

Anotation. This historical-psychological study continues the search for psychological ideas in the scientific heritage of M. Grot in the context of writing a PhD thesis by postgraduate student P. Nesterenko on the topic “Psychological ideas of creativity in the scientific heritage of M. Grot (1852–1899)”. The aim of the article is to investigate and analyze the psychological ideas of the outstanding Ukrainian psychologist M. Grot in his fundamental work “Giordano Bruno and Pantheism.” Based on the research, the author comes to the conclusion that the methodology of modern psychology should be the pantheism of J. Bruno, one of the aspects of which is the postulate of the existence of a collective superconsciousness of the universe. All individual consciousnesses of people are connected to this collective superconsciousness (an analogy with K. Jung's collective unconscious).
Keywords: This historical-psychological study continues the search for psychological ideas in the scientific heritage of M. Grot in the context of writing a PhD thesis by postgraduate student P. Nesterenko on the topic “Psychological ideas of creativity in the scientific heritage of M. Grot (1852–1899)”. The aim of the article is to investigate and analyze the psychological ideas of the outstanding Ukrainian psychologist M. Grot in his fundamental work “Giordano Bruno and Pantheism.” Based on the research, the author comes to the conclusion that the methodology of modern psychology should be the pantheism of J. Bruno, one of the aspects of which is the postulate of the existence of a collective superconsciousness of the universe. All individual consciousnesses of people are connected to this collective superconsciousness (an analogy with K. Jung's collective unconscious).

SOCIAL MANAGEMENT PRACTICES IN THE MANAGEMENT SYSTEM OF SOCIAL WORK: CONCEPTUALIZATION OF THE CONCEPT

Vasyl Popovych, Tetiana Novak

Vasyl Popovych, Doctor of Philosophy Science, Professor, Professor of the Department of Social Work and Psychology National University «Zaporizhzhia Polytechnic» (Zaporizhzhia, Ukraine)
Tetiana Novak, Postgraduate Student at the Department of Social Work and Psychology National University «Zaporizhzhia Polytechnic» (Zaporizhzhia, Ukraine)

ORCID ID: 0000-0002-9288-3765, ORCID ID: 0000-0002-1591-3094

Anotation. The article provides a conceptual analysis of the concept of "social management practices" in the context of the study of the management system of social work, which is due to the objective need to develop a modern management model in the field of social work. The management of social work is presented as a practical management activity, as a system of social work management at the macro, meso, and micro levels, as a process of planning, motivation, implementation, and control of management decisions. Social management practice is defined as the social interaction of social management subjects (individuals, groups, communities, organizations, society) in the space-time dimension, which ensures the stable functioning and management of social institutions. It is proved that social management practices in the management system of social work act as ways of implementing social management actions that are formed as a result of the interactions of social management subjects in the field of providing social services, which are implemented in the cognitive-interpretive, valuemotivational, organizational-procedural, communicative and activity-behavioral dimensions.
Keywords: The article provides a conceptual analysis of the concept of "social management practices" in the context of the study of the management system of social work, which is due to the objective need to develop a modern management model in the field of social work. The management of social work is presented as a practical management activity, as a system of social work management at the macro, meso, and micro levels, as a process of planning, motivation, implementation, and control of management decisions. Social management practice is defined as the social interaction of social management subjects (individuals, groups, communities, organizations, society) in the space-time dimension, which ensures the stable functioning and management of social institutions. It is proved that social management practices in the management system of social work act as ways of implementing social management actions that are formed as a result of the interactions of social management subjects in the field of providing social services, which are implemented in the cognitive-interpretive, valuemotivational, organizational-procedural, communicative and activity-behavioral dimensions.

STATE GENDER POLICY OF UKRAINE IN CONDITIONS OF DECENTRALIZATION

Yulia Namazova

Postgraduate student of the Department of Public Administration Vinnytsia Mykhailo Kotsiubynsky State Pedagogical University (Vinnytsia, Ukraine)

ORCID ID: 0000-0003-0466-6005

Anotation. In the article, the author emphasizes that in Ukraine, in accordance with international law, any form of discrimination is prohibited. The adaptation of state policy to the Sustainable Development Goals contributes to the integration of a gender approach into the foundations of state policy. It was determined that the territorial community in the conditions of the decentralization reform is a component of the constitutional system and acts as a basic lever for observing the rights and freedoms of a person and a citizen, including gender equality. The decentralization reform is positioned as one of the forms of strengthening the democratization of society, which involves ensuring the availability of public services for all residents of the territorial community through the implementation of the doctrine of good governance. The essence of gender-sensitive services in conditions of decentralization is substantiated. It was determined that the community more effectively provides an analysis of the needs of its residents than the provision of gender-sensitive services. The author summarized proposals for the integration of priority areas in the implementation of the state gender policy in conditions of decentralization.
Keywords: In the article, the author emphasizes that in Ukraine, in accordance with international law, any form of discrimination is prohibited. The adaptation of state policy to the Sustainable Development Goals contributes to the integration of a gender approach into the foundations of state policy. It was determined that the territorial community in the conditions of the decentralization reform is a component of the constitutional system and acts as a basic lever for observing the rights and freedoms of a person and a citizen, including gender equality. The decentralization reform is positioned as one of the forms of strengthening the democratization of society, which involves ensuring the availability of public services for all residents of the territorial community through the implementation of the doctrine of good governance. The essence of gender-sensitive services in conditions of decentralization is substantiated. It was determined that the community more effectively provides an analysis of the needs of its residents than the provision of gender-sensitive services. The author summarized proposals for the integration of priority areas in the implementation of the state gender policy in conditions of decentralization.

CECHY POLITYKI PAŃSTWOWEJ OCHRONY INFRASTRUKTURY KRYTYCZNEJ W UKRAINIE I KIERUNKI JEJ POPRAWY W WARUNKACH WOJNY

Yaroslav Strakhnitskyi

Postgraduate student of the Department of Public Administration Vinnytsia Mykhailo Kotsiubynsky State Pedagogical University (Vinnytsia, Ukraine)

ORCID ID: 0000-0002-3066-0961

Anotation. In the provisions of the scientific article, the author conducts an analysis of the regulatory legal framework and the works of scientists regarding modern aspects of the state policy of protection of critical infrastructure in Ukraine and directions for its improvement in wartime conditions. As a result of the analysis of regulatory legal acts, management levels, responsible bodies and the general composition of subjects of the national critical infrastructure protection system were summarized. In the practical implementation of the national security architecture, a quadrocomplex of autonomous state protection systems has been identified. It is noted that the national legal framework in its current form cannot be a reliable basis for the development and implementation of plans and procedures for the coordination of actions, interaction and information exchange between the protection, security and crisis response systems existing in Ukraine. Identified institutional gaps in the activities of critical infrastructure security entities are proposed to be eliminated based on the implementation of certain elements of foreign practice of protecting critical infrastructure objects. Special attention is paid to the idea of ensuring the stability of critical infrastructure.
Keywords: In the provisions of the scientific article, the author conducts an analysis of the regulatory legal framework and the works of scientists regarding modern aspects of the state policy of protection of critical infrastructure in Ukraine and directions for its improvement in wartime conditions. As a result of the analysis of regulatory legal acts, management levels, responsible bodies and the general composition of subjects of the national critical infrastructure protection system were summarized. In the practical implementation of the national security architecture, a quadrocomplex of autonomous state protection systems has been identified. It is noted that the national legal framework in its current form cannot be a reliable basis for the development and implementation of plans and procedures for the coordination of actions, interaction and information exchange between the protection, security and crisis response systems existing in Ukraine. Identified institutional gaps in the activities of critical infrastructure security entities are proposed to be eliminated based on the implementation of certain elements of foreign practice of protecting critical infrastructure objects. Special attention is paid to the idea of ensuring the stability of critical infrastructure.

THE DUTY TO DEFEND THE FATHERLAND IN UKRAINE AND EU COUNTRIES (ON THE EXAMPLE OF GERMANY): HISTORICAL AND LEGAL ASPECT

Anzhelika Baran

Associate Professor at the Department of International law and migration policy, West Ukrainian National University (Ternopil, Ukraine), Researcher, Osnabrück university (Germany, Osnabrück)

ORCID ID: 0000-0003-2134-1325

Anotation. The article deals with the historical and legal aspect of the formation and development of the constitutional duty to defend the Fatherland in Ukraine and Germany. The phased formation of military duty in our country is considered. The main tasks that are acute today in connection with the war that Russia started on February 24, 2022 are identified. The features of military service in Germany are substantiated.
Keywords: The article deals with the historical and legal aspect of the formation and development of the constitutional duty to defend the Fatherland in Ukraine and Germany. The phased formation of military duty in our country is considered. The main tasks that are acute today in connection with the war that Russia started on February 24, 2022 are identified. The features of military service in Germany are substantiated.

EVOLUTION OF THE LEGISLATIVE INITIATIVE REGARDING THE PROCEDURE FOR THE REVOCATION OF THE PRECAUTIONARY MEASURE FOR THE PASSAGE OF SUSPECTS, ACCUSED OF MILITARY SERVICE ON CONQUISITION DURING MOBILIZATION, FOR A SPECIFIC PERIOD OR ITS CHANGE FOR OTHER GROUNDS

Inna Bezukh, Lyubov Omelchuk

Inna Bezukh, Postgraduate Student at the Department of Criminal Justice Educational and Scientific Institute of Law of the State Tax University (Irpin, Ukraine)
Lyubov Omelchuk, PHD in Law, Associate Professor, Associate Professor at the Department of Criminal Justice Educational and Scientific Institute of Law of the State Tax University (Irpin, Ukraine)

ORCID ID: 0000-0003-0654-4028, ORCID ID: 0000-0002-2457-0118

Anotation. The article analyzes the amendments introduced by the legislator to the Criminal Procedure Code of Ukraine (hereinafter – the Criminal Procedure Code of Ukraine) regarding the procedure for canceling a preventive measure for military service under conscription during mobilization, for a special period. Judicial practice in martial law conditions regarding the application of Art. 616 of the Criminal Procedure Code of Ukraine, as well as the features of replacing a preventive measure on other grounds related to martial law and hostilities. It is proposed to provide in Art. 616 of the Criminal Procedure Code, the requirement for the entry into force of the resolution on the day of the draft of the suspect, the accused, for military service. Attention was also drawn to the need to make changes to the Criminal Procedure Code of Ukraine regarding the possibility of applying to the investigating judge, the court, both the defense side and the accused, with a request to cancel the preventive measure in the form of detention for military service during mobilization, for a special period.
Keywords: The article analyzes the amendments introduced by the legislator to the Criminal Procedure Code of Ukraine (hereinafter – the Criminal Procedure Code of Ukraine) regarding the procedure for canceling a preventive measure for military service under conscription during mobilization, for a special period. Judicial practice in martial law conditions regarding the application of Art. 616 of the Criminal Procedure Code of Ukraine, as well as the features of replacing a preventive measure on other grounds related to martial law and hostilities. It is proposed to provide in Art. 616 of the Criminal Procedure Code, the requirement for the entry into force of the resolution on the day of the draft of the suspect, the accused, for military service. Attention was also drawn to the need to make changes to the Criminal Procedure Code of Ukraine regarding the possibility of applying to the investigating judge, the court, both the defense side and the accused, with a request to cancel the preventive measure in the form of detention for military service during mobilization, for a special period.

THE SUBJECT OF IMPORTATION, PRODUCTION, SALE AND DISTRIBUTION OF PORNOGRAPHIC OBJECTS

Vitalii Varfolomieiev

Applicant of Donetsk State University of Internal Affairs (Kropivnytskyi, Ukraine)

ORCID ID: 0000-0003-1378-7175

Anotation. The article examines the essence and content of pornographic objects. The author draws attention to the debatability of defining the lack of cultural, scientific, artistic and historical value as a sign of pornography, which is due to the presence of a number of other objects and products of a sexual and erotic nature that cannot be evaluated from the point of view of their value, while they do not have the specifics of pornography , which is also stated in the Law of Ukraine "On Protection of Public Morals". It is pointed out the potential danger of pornographic objects for those who view them from the point of view of demoralization, as well as the formation of violent behavior. The legal assessment of objects of pornography requires clearly defined criteria that will enable pre-trial investigation bodies, as well as expert institutions that will conduct forensic art examination, to distinguish products that contain a sexual nature and to determine the degree of social danger of actions that associated with its circulation.
Keywords: The article examines the essence and content of pornographic objects. The author draws attention to the debatability of defining the lack of cultural, scientific, artistic and historical value as a sign of pornography, which is due to the presence of a number of other objects and products of a sexual and erotic nature that cannot be evaluated from the point of view of their value, while they do not have the specifics of pornography , which is also stated in the Law of Ukraine "On Protection of Public Morals". It is pointed out the potential danger of pornographic objects for those who view them from the point of view of demoralization, as well as the formation of violent behavior. The legal assessment of objects of pornography requires clearly defined criteria that will enable pre-trial investigation bodies, as well as expert institutions that will conduct forensic art examination, to distinguish products that contain a sexual nature and to determine the degree of social danger of actions that associated with its circulation.

FORMS OF PUBLIC CONTROL IN THE FIELD OF EXECUTION OF PUNISHMENTS OF UKRAINE: PROBLEMS OF IMPLEMENTATION IN PRACTICE AND WAYS TO SOLVE THEM

Pavlo Garasim

Candidate of Law, Doctoral Student National University «Lviv Polytechnic» (Lviv, Ukraine)

ORCID ID: 0000-0002-0336-4710

Anotation. The article analyzes the legally established forms of public control over the process of execution - the serving of punishments in Ukraine, identifies the problems of their implementation in practice, and develops the author's scientifically based ways of solving them. Thus, the study of the content of normative legal acts relating to the legal grounds, procedure and forms of public control over the observance of the rights of convicts during the execution of criminal punishments indicates that this activity is ineffective, meaningless and unsystematic due to the existing legislative acts of Ukraine legal gaps and conflicts, without elimination of which it is practically impossible to increase the level of protection and protection of all substantive elements of the legal status of persons held in penal institutions defined in the law without exception.
Keywords: The article analyzes the legally established forms of public control over the process of execution - the serving of punishments in Ukraine, identifies the problems of their implementation in practice, and develops the author's scientifically based ways of solving them. Thus, the study of the content of normative legal acts relating to the legal grounds, procedure and forms of public control over the observance of the rights of convicts during the execution of criminal punishments indicates that this activity is ineffective, meaningless and unsystematic due to the existing legislative acts of Ukraine legal gaps and conflicts, without elimination of which it is practically impossible to increase the level of protection and protection of all substantive elements of the legal status of persons held in penal institutions defined in the law without exception.

WAYS OF IMPROVING THE ADMINISTRATIVE AND LEGAL REGULATION OF HUMANITARIAN ASSISTANCE

Roman Holobutovskyi

Doctor of Law, Associate Professor, Professor of the Department of General Legal Disciplines of Dnipropetrovsk State University of Internal Affairs (Dnipro, Ukraine)

ORCID ID: 0000-0002-4670-5407

Anotation. The article is devoted to the study of problematic issues and ways of solving them in the field of administrative and legal regulation of humanitarian aid. The article notes that in responding to the challenges associated with the war in Ukraine, the state began to promptly resolve the issue of creating the necessary organisational, legal, technical, and other conditions for the fastest provision of humanitarian aid to those in need. Attention is drawn to the fact that legislation has been created in our country regulating humanitarian aid provision. It is concluded that the current legislation regulating the provision of humanitarian aid has certain shortcomings and gaps that need to be eliminated. The issue is also updated by the need to create an effective and efficient mechanism for providing humanitarian aid. It is substantiated that today the procedure for distributing humanitarian aid remains insufficiently regulated, creating numerous corruption risks.
Keywords: The article is devoted to the study of problematic issues and ways of solving them in the field of administrative and legal regulation of humanitarian aid. The article notes that in responding to the challenges associated with the war in Ukraine, the state began to promptly resolve the issue of creating the necessary organisational, legal, technical, and other conditions for the fastest provision of humanitarian aid to those in need. Attention is drawn to the fact that legislation has been created in our country regulating humanitarian aid provision. It is concluded that the current legislation regulating the provision of humanitarian aid has certain shortcomings and gaps that need to be eliminated. The issue is also updated by the need to create an effective and efficient mechanism for providing humanitarian aid. It is substantiated that today the procedure for distributing humanitarian aid remains insufficiently regulated, creating numerous corruption risks.

DISCUSSIONS REGARDING THE SYSTEM OF ENTITIES THAT ARE AUTHORIZED TO BRING PEOPLE TO ADMINISTRATIVE RESPONSIBILITY

Kateryna Dubova

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

ORCID ID: 0000-0002-1098-9620

Anotation. The article analyzed the prognostic opinions of scientists about the development prospects of the system of subjects of administrative and jurisdictional activity. It has been found that in the scientific literature there are many interesting and well-argued scientific positions regarding the system of subjects of administrative-jurisdictional activity, which offer a prognostic vision of its development. It was noted that since the middle of the last century, the circle of bodies and officials who have the right to impose administrative sanctions on offenders has been constantly expanding and today represents a cumbersome, artificial and ineffective structure. It was concluded that the most widespread prognostic ideas about the system of subjects of administrative-jurisdictional activity are the following: 1) transfer all administrative-jurisdictional powers to courts; 2) exclude administrative commissions from the system of jurisdictional bodies and limit the jurisdictional powers of local self-government bodies; 3) to leave an extensive system of bodies and officials who have the right to impose administrative penalties, but with the definition of the main jurisdictional body that would consider the majority of cases of administrative offenses. At the same time, in some cases, according to scientists, the court should become such a main jurisdictional body, in others – a specialized jurisdictional body of the executive power.
Keywords: The article analyzed the prognostic opinions of scientists about the development prospects of the system of subjects of administrative and jurisdictional activity. It has been found that in the scientific literature there are many interesting and well-argued scientific positions regarding the system of subjects of administrative-jurisdictional activity, which offer a prognostic vision of its development. It was noted that since the middle of the last century, the circle of bodies and officials who have the right to impose administrative sanctions on offenders has been constantly expanding and today represents a cumbersome, artificial and ineffective structure. It was concluded that the most widespread prognostic ideas about the system of subjects of administrative-jurisdictional activity are the following: 1) transfer all administrative-jurisdictional powers to courts; 2) exclude administrative commissions from the system of jurisdictional bodies and limit the jurisdictional powers of local self-government bodies; 3) to leave an extensive system of bodies and officials who have the right to impose administrative penalties, but with the definition of the main jurisdictional body that would consider the majority of cases of administrative offenses. At the same time, in some cases, according to scientists, the court should become such a main jurisdictional body, in others – a specialized jurisdictional body of the executive power.

CONCEPT AND ESSENCE OF SEPARATE PROCEEDINGS IN CASES ON RECOGNITION OF THE INHERITANCE AS ESCHEAT PROPERTY

Araik Kochkadamyan

Ph.D. recipient of the Department of Civil and Legal Disciplines of the National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0002-1075-7360

Anotation. The article is devoted to clarifying the concept and essence of a separate proceeding in the order of which cases on recognition of the inheritance as escheat property are considered. It is emphasized that separate proceedings in cases on recognition of the inheritance as escheat property are characterized by a different essence and a specific material and legal nature, which is determined by certain features of the objects and methods of judicial protection. It is established that such cases are characterized by the peculiarities of the subject composition of participants, the subject of judicial activity and the procedural order of consideration and resolution of cases. Legal interests and undisputed subjective rights of individuals, legal entities, or the state are included in the objects of legal protection in separate proceedings in cases on recognition of the inheritance as escheat property. The methods of protection of rights and interests in separate proceedings in cases on recognition of the inheritance as escheat property, which involve confirmation of the presence or absence of legal facts that are important for the protection of the rights and interests of a person or the creation of conditions for the exercise of personal non-property or property rights or confirmation of the presence or absence of undisputed rights are determined.
Keywords: The article is devoted to clarifying the concept and essence of a separate proceeding in the order of which cases on recognition of the inheritance as escheat property are considered. It is emphasized that separate proceedings in cases on recognition of the inheritance as escheat property are characterized by a different essence and a specific material and legal nature, which is determined by certain features of the objects and methods of judicial protection. It is established that such cases are characterized by the peculiarities of the subject composition of participants, the subject of judicial activity and the procedural order of consideration and resolution of cases. Legal interests and undisputed subjective rights of individuals, legal entities, or the state are included in the objects of legal protection in separate proceedings in cases on recognition of the inheritance as escheat property. The methods of protection of rights and interests in separate proceedings in cases on recognition of the inheritance as escheat property, which involve confirmation of the presence or absence of legal facts that are important for the protection of the rights and interests of a person or the creation of conditions for the exercise of personal non-property or property rights or confirmation of the presence or absence of undisputed rights are determined.

ADMINISTRATIVE AND LEGAL LIMITATIONS OF PROPERTY RIGHTS AND INVIOLABILITY OF PROPERTY RIGHTS

Oleksiy Filonenko

laureate of the Scientific Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-3724-1868

Anotation. The peculiarities of enshrining the principle of inviolability of property rights in the Constitution of Ukraine, in the Civil Code of Ukraine and in the Economic Code of Ukraine are studied, and on the basis of the conducted research it is concluded that there is no unified legislative approach to understanding its content. Scientific approaches to understanding the legal nature and essence of this principle in the general theory of law, as well as in criminal procedural, constitutional and civil law are analyzed and compared. On the basis of the conducted comparative legal analysis of scientific definitions, attention is drawn to the fact that the majority of modern scientists, revealing the content of the principle of inviolability of property rights, ignore the importance of the norms of administrative and administrative procedural legislation not only in regulating the analyzed right, but also in determining its boundaries and establishing exceptions to the general rule of its inviolability.
Keywords: The peculiarities of enshrining the principle of inviolability of property rights in the Constitution of Ukraine, in the Civil Code of Ukraine and in the Economic Code of Ukraine are studied, and on the basis of the conducted research it is concluded that there is no unified legislative approach to understanding its content. Scientific approaches to understanding the legal nature and essence of this principle in the general theory of law, as well as in criminal procedural, constitutional and civil law are analyzed and compared. On the basis of the conducted comparative legal analysis of scientific definitions, attention is drawn to the fact that the majority of modern scientists, revealing the content of the principle of inviolability of property rights, ignore the importance of the norms of administrative and administrative procedural legislation not only in regulating the analyzed right, but also in determining its boundaries and establishing exceptions to the general rule of its inviolability.

TO CHARACTERIZE THE TERMS OF COMPENSATION FOR DAMAGE CAUSED BY AN EMPLOYEE

Valentin Melnyk

Candidate of Legal Sciences, Associate Professor, Associate Professor at the Department of Legal Foundations of Economic Activity Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0001-9348-8444

Anotation. The article, based on the analysis of the scientific views of scientists and the norms of the current legislation of Ukraine, establishes the conditions for compensation for damage caused by an employee, as well as provides a meaningful description of them. It has been proven that all the conditions outlined in the article cannot be considered separately, because they are interdependent and complement each other, in fact, in their totality they form the legal structure of a property offense.
Keywords: The article, based on the analysis of the scientific views of scientists and the norms of the current legislation of Ukraine, establishes the conditions for compensation for damage caused by an employee, as well as provides a meaningful description of them. It has been proven that all the conditions outlined in the article cannot be considered separately, because they are interdependent and complement each other, in fact, in their totality they form the legal structure of a property offense.

PUBLIC PARTICIPATION IN THE MECHANISM OF PREVENTION AND ANTI-CORRUPTION IN UKRAINE

Yevheniia Minakova, Ihor Nalyvaiko

Yevheniia Minakova, Candidate of Law, Associate Professor at the Department of General Law disciplines Educational and Scientific Institute of Law and Innovative Education Dnipropetrovsk State University of Internal Affairs (Dnipro, Ukraine)
Ihor Nalyvaiko, Lecturer at the Department of General Law Disciplines Educational and Scientific Institute of Law and Innovative Education Dnipropetrovsk State University of Internal Affairs (Dnipro, Ukraine)

ORCID ID: 0000-0003-3823-3072, ORCID ID: 0000-0003-1532-2996

Anotation. The article reveals the role of civil society institutions in preventing and combating corruption in public authorities. It has been proven that the mechanisms for counteracting and preventing crime that prioritises public involvement are effective. Recent events in the country have shown that many changes to legislation take place without public participation. Most of these changes concern the prevention of corruption. At the same time, it is considered a vital component of the country's national integrity system. The involvement of the public in this system makes it possible to create a more stable and effective anti-corruption system. In addition, public involvement opposes corruption in all forms: official crimes, abuse of power and theft of property. Although more people have recently become involved in public participation, there is still scepticism about its effectiveness. That the methods and tools used by the public in its fight against corruption are dynamic and often change. Recently, advocacy and lobbying are considered new methods; In addition, new tools to prevent crime are being sought. It was also noticed that the public uses new methods of forming anti-corruption policies.
Keywords: The article reveals the role of civil society institutions in preventing and combating corruption in public authorities. It has been proven that the mechanisms for counteracting and preventing crime that prioritises public involvement are effective. Recent events in the country have shown that many changes to legislation take place without public participation. Most of these changes concern the prevention of corruption. At the same time, it is considered a vital component of the country's national integrity system. The involvement of the public in this system makes it possible to create a more stable and effective anti-corruption system. In addition, public involvement opposes corruption in all forms: official crimes, abuse of power and theft of property. Although more people have recently become involved in public participation, there is still scepticism about its effectiveness. That the methods and tools used by the public in its fight against corruption are dynamic and often change. Recently, advocacy and lobbying are considered new methods; In addition, new tools to prevent crime are being sought. It was also noticed that the public uses new methods of forming anti-corruption policies.

CATEGORY OF PERSONS TO WHICH COERCIVE MEASURES OF A MEDICAL / PSYCHIATRIC NATURE MAY BE APPLIED

Vira Navrotska

Candidate of Law, Docent, Associate Professor of the Department of Criminal- Law Disciplines Lviv State University of Internal Affairs (Lviv, Ukraine)

ORCID ID: 0000-0002-3407-7984

Anotation. The article states that the Criminal and Criminal Procedure Codes of Ukraine regulate the question of which persons may be subject to coercive medical measures in a very contradictory manner. In order to harmonize the provisions of these two codes and taking into account the work of the developers of the new draft of the Criminal Code of Ukraine, the norms of the domestic law «On Psychiatric Assistance», as well as in view of the critical approaches expressed in the legal literature and in practice to the provisions set forth in each of these normative legal acts and in the project, a number of changes and additions to the current legislation are proposed.
Keywords: The article states that the Criminal and Criminal Procedure Codes of Ukraine regulate the question of which persons may be subject to coercive medical measures in a very contradictory manner. In order to harmonize the provisions of these two codes and taking into account the work of the developers of the new draft of the Criminal Code of Ukraine, the norms of the domestic law «On Psychiatric Assistance», as well as in view of the critical approaches expressed in the legal literature and in practice to the provisions set forth in each of these normative legal acts and in the project, a number of changes and additions to the current legislation are proposed.

THEORETICAL AND LEGAL REGULATION OF CIVIL PROCEEDINGS IN CASES OF ESTABLISHING OF THE FACT OF А PERSON'S BIRTH OR DEATH

Andriy Petrovskyi, Evgen Bolyubash

Andriy Petrovskyi, Candidate of Legal Sciences, Associate Professor, Associate Professor of the Department of Civil and Legal Disciplines of the National Academy of Internal Affairs (Kyiv, Ukraine)
Evgen Bolyubash, Ph.D. recipient of the Department of Civil and Legal Disciplines of the National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0001-8607-282X, ORCID ID: 0000-0002-9331-9461

Anotation. The article examines the theoretical and legal foundations of the institution of civil justice in cases of establishing the fact of a person's birth or death. The establishment of such facts is carried out in the order of a separate proceeding, the peculiarity of which is that it is aimed at clarifying the necessary facts in the absence of a legal dispute. It іs established that the inability of the state to create an accessible mechanism for establishing the facts in the relevant territory leads to the fact that a person will not be able to use the administrative procedure for registration of birth or death, which will make it difficult for him to realize a number of his civil rights, in particular the right to inheritance, to social benefits, on citizenship and others.
Keywords: The article examines the theoretical and legal foundations of the institution of civil justice in cases of establishing the fact of a person's birth or death. The establishment of such facts is carried out in the order of a separate proceeding, the peculiarity of which is that it is aimed at clarifying the necessary facts in the absence of a legal dispute. It іs established that the inability of the state to create an accessible mechanism for establishing the facts in the relevant territory leads to the fact that a person will not be able to use the administrative procedure for registration of birth or death, which will make it difficult for him to realize a number of his civil rights, in particular the right to inheritance, to social benefits, on citizenship and others.

FREEDOM OF CONTRACT AS A BASIS OF THE FREE MARKET. ON THE WAY TO EUROPEAN ECONOMIC INTEGRATION

Alina Ustymenko

Postgraduate Student State organization ‘V. Mamutov Institute of Economic and Legal Research of the National Academy of Science of Ukraine’ (Kyiv, Ukraine)

ORCID ID: 0000-0001-8567-1820

Anotation. The article actualizes the question of defining the legal nature of the contract freedom in the economic law of Ukraine, taking into account the integration processes with the internal market of the EU. The paper proposes an approach whereby the freedom of contract is considered not only as a subjective right (legal capacity) or a principle, but also as a basis for a free market. This allows to distinguish features of the content of this category in the economic turnover and to justify the expediency of application of freedom of contract in the economic obligations. For this purpose, in this research was characterized the European approach to the legislative consolidation the freedom of contract and its limitations; was mentioned the grounds for restrictions in the economic law of Ukraine; was divided the concept of limitation of freedom of contract and interference of the state in the contractual relations of the participants of economic turnover.
Keywords: The article actualizes the question of defining the legal nature of the contract freedom in the economic law of Ukraine, taking into account the integration processes with the internal market of the EU. The paper proposes an approach whereby the freedom of contract is considered not only as a subjective right (legal capacity) or a principle, but also as a basis for a free market. This allows to distinguish features of the content of this category in the economic turnover and to justify the expediency of application of freedom of contract in the economic obligations. For this purpose, in this research was characterized the European approach to the legislative consolidation the freedom of contract and its limitations; was mentioned the grounds for restrictions in the economic law of Ukraine; was divided the concept of limitation of freedom of contract and interference of the state in the contractual relations of the participants of economic turnover.

SPECIFICSOF THE USE OF CONFIDENTIAL COOPERATION IN DIFFERENT COUNTRIES

Yuliia Shyshatska

Third-year postgraduate student of the Department of Criminal Procedure, Detective and Operational Activities National University «Odesa Law Academy» (Odesa, Ukraine)

ORCID ID: 0000-0002-4731-5769

Anotation. In the article the author examines the legislative regulation of the use of confidential cooperation in different countries of the world. Thus, an analysis of US legislation was made, according to which a mandatory condition for the application of confidential cooperation is the conclusion of a contract between the prosecutor and the person he engages. The author also concludes that a number of foreign countries actively use confidential information not only to investigate criminal offenses, but also in other spheres of life. This approach made it possible to popularize among the population the importance of reporting any violations (including corruption) to the relevant authorized bodies. Also, many countries place a significant emphasis on the regulatory consolidation of the security of confidants, guaranteeing them protection from illegal prosecution both within the framework of criminal proceedings and at the workplace.
Keywords: In the article the author examines the legislative regulation of the use of confidential cooperation in different countries of the world. Thus, an analysis of US legislation was made, according to which a mandatory condition for the application of confidential cooperation is the conclusion of a contract between the prosecutor and the person he engages. The author also concludes that a number of foreign countries actively use confidential information not only to investigate criminal offenses, but also in other spheres of life. This approach made it possible to popularize among the population the importance of reporting any violations (including corruption) to the relevant authorized bodies. Also, many countries place a significant emphasis on the regulatory consolidation of the security of confidants, guaranteeing them protection from illegal prosecution both within the framework of criminal proceedings and at the workplace.

PROBLEMS OF ADMINISTRATIVE REGULATION OF THE SETTLEMENT OF ORPHANS AND CHILDREN DEPRIVED OF PARENTAL CARE UNDER THE LEGISLATION OF UKRAINE DURING MARITAL LAW AND SOLUTIONS

Yuliia Kniazieva

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

ORCID ID: 0009-0009-7913-6800

Anotation. The article analyzes the problems of administrative and legal regulation of placement of orphans and children deprived of parental care under the legislation of Ukraine under martial law. It is proposed to conditionally divide the problems of administrative and legal regulation of the placement of orphans and children deprived of parental care due to the martial law into several groups (normative, procedural, economic, social) Attention is focused on finding optimal ways to solve such problems, including the post-war period , in particular: systematization of legislation in the field of administrative and legal regulation of placement of orphans and children deprived of parental care with the aim of proper regulatory and legal provision of relevant procedures; consolidation and coordination of the work of public administration bodies and law enforcement bodies that have powers in the specified area; development of an algorithm of clear actions for all participants in the procedures for placement of orphans and children deprived of parental care; involvement of international organizations for the protection of children's rights; development of a state targeted social program with the aim of creating conditions for the implementation of state guarantees and constitutional rights of orphans and children deprived of parental care; appropriate consideration of expenses in the state budget of Ukraine, local budgets; development of a unified state strategy for the restoration of physical and mental health of children as a result of military operations, provision of social adaptation in connection with relocation, evacuation, provision of assistance and support.
Keywords: The article analyzes the problems of administrative and legal regulation of placement of orphans and children deprived of parental care under the legislation of Ukraine under martial law. It is proposed to conditionally divide the problems of administrative and legal regulation of the placement of orphans and children deprived of parental care due to the martial law into several groups (normative, procedural, economic, social) Attention is focused on finding optimal ways to solve such problems, including the post-war period , in particular: systematization of legislation in the field of administrative and legal regulation of placement of orphans and children deprived of parental care with the aim of proper regulatory and legal provision of relevant procedures; consolidation and coordination of the work of public administration bodies and law enforcement bodies that have powers in the specified area; development of an algorithm of clear actions for all participants in the procedures for placement of orphans and children deprived of parental care; involvement of international organizations for the protection of children's rights; development of a state targeted social program with the aim of creating conditions for the implementation of state guarantees and constitutional rights of orphans and children deprived of parental care; appropriate consideration of expenses in the state budget of Ukraine, local budgets; development of a unified state strategy for the restoration of physical and mental health of children as a result of military operations, provision of social adaptation in connection with relocation, evacuation, provision of assistance and support.

ADMINISTRATIVE LIABILITY FOR VIOLATION OF THE RULES OF STOPPING, STANDING, PARKING OF VEHICLES RECORDED IN THE MODE OF PHOTOGRAPHY: IMPROVEMENT OF LEGISLATION

Yurii Hryhorchak

Aspirate, Zaporizhzhia National University (Zaporizhzhia, Ukraine)

ORCID ID: 0009-0009-8521-7922

Anotation. The article elucidates the views of scholars on administrative liability for violation of the rules of stopping, parking, and parking of vehicles recorded in the mode of photography. The author examines the current legislation and proposes amendments to it. It has been established that administrative liability for violation of the rules of stopping, parking, and parking of vehicles recorded in the mode of photography is characterized by certain debatable provisions and features, in particular: there is a simplified procedure for imposing an administrative fine; violation of the principles of presumption of innocence, individualization of punishment; exemption from administrative liability is introduced depending on active actions by other persons (the driver, other than the owner, applies to the authorized body with a statement that he has committed an offense and gives his consent to bring him to justice); the right to legal aid, submission of evidence during the case is limited; etc.
Keywords: The article elucidates the views of scholars on administrative liability for violation of the rules of stopping, parking, and parking of vehicles recorded in the mode of photography. The author examines the current legislation and proposes amendments to it. It has been established that administrative liability for violation of the rules of stopping, parking, and parking of vehicles recorded in the mode of photography is characterized by certain debatable provisions and features, in particular: there is a simplified procedure for imposing an administrative fine; violation of the principles of presumption of innocence, individualization of punishment; exemption from administrative liability is introduced depending on active actions by other persons (the driver, other than the owner, applies to the authorized body with a statement that he has committed an offense and gives his consent to bring him to justice); the right to legal aid, submission of evidence during the case is limited; etc.

HOUSEHOLD AND FAMILY CULTURAL PRACTICES OF COSSACK CHIEFS OF THE 17–18th CENTURIES

Liliia Horodynska

teacher of the Vinnytsia Professional College of Economics and Entrepreneurship of West Ukrainian National University, (Vinnytsia, Ukraine)

ORCID ID: 0000-0003-3440-9755

Anotation. The article is devoted to an important, little-researched aspect of the development of etiquette culture in Ukrainian lands – household and family cultural practices of Cossack chiefs of the 17–18th centuries. The main sources of our research were the materials of contemporaries of those events. It has been established that in the household and family cultural practices of Cossack chiefs environment of the 17–18th centuries, considerable attention was paid to manners (respectful polite address, communication during feasts), appearance (clothing, jewellery). Gastronomic culture underwent certain transformations during the studied period. Features of family and religious ritualism developed. At the same time, significant foreign (mainly French) influences on Cossack tradition were also observed. First of all, we are talking about arranging festive receptions, balls, borrowing various dishes, drinks, using dishes, wearing clothes. The etiquette culture practices of common people were much more modest.
Keywords: The article is devoted to an important, little-researched aspect of the development of etiquette culture in Ukrainian lands – household and family cultural practices of Cossack chiefs of the 17–18th centuries. The main sources of our research were the materials of contemporaries of those events. It has been established that in the household and family cultural practices of Cossack chiefs environment of the 17–18th centuries, considerable attention was paid to manners (respectful polite address, communication during feasts), appearance (clothing, jewellery). Gastronomic culture underwent certain transformations during the studied period. Features of family and religious ritualism developed. At the same time, significant foreign (mainly French) influences on Cossack tradition were also observed. First of all, we are talking about arranging festive receptions, balls, borrowing various dishes, drinks, using dishes, wearing clothes. The etiquette culture practices of common people were much more modest.

FEATURES OF THE LEGAL STATUS OF THE HIGH COUNCIL OF JUSTICE

Nataliya Kastrova

External Postgraduate Student, International University of Business and Law (Kherson, Ukraina)

ORCID ID: 0009-0001-0770-9966

Anotation. The article is devoted to the study of the peculiarities of the legal status of the High Council of Justice. The author carries out a comprehensive analysis of current national and international legislation, as well as the relevant legal doctrine in terms of analysis of selected issues. Within the framework of this scientific research, the doctrinal content of the category «legal status» is determined, as well as the differentiation of the latter in relation to different subjects. The author focuses on the analysis of the legal status of public administration entities, and defines it through the prism of the category of «authority». Within the framework of this scientific work, the author's vision of the division of powers of the High Council of Justice into separate types is fixed, and each of the types of powers was a separate object of doctrinal analysis. It is established that the powers of the High Council of Justice are multifaceted, differentiated, but at the same time the only one that mediates the peculiarity of the legal status of the institution analyzed by us. As a result of this study, we established that the legal status of the Supreme Council of Justice is a multifaceted, differentiated category, which is mostly determined by analyzing the characteristics and powers of this institution, and is given a special legal meaning. As a result of the research, the author formed conclusions that are of an applied nature.
Keywords: The article is devoted to the study of the peculiarities of the legal status of the High Council of Justice. The author carries out a comprehensive analysis of current national and international legislation, as well as the relevant legal doctrine in terms of analysis of selected issues. Within the framework of this scientific research, the doctrinal content of the category «legal status» is determined, as well as the differentiation of the latter in relation to different subjects. The author focuses on the analysis of the legal status of public administration entities, and defines it through the prism of the category of «authority». Within the framework of this scientific work, the author's vision of the division of powers of the High Council of Justice into separate types is fixed, and each of the types of powers was a separate object of doctrinal analysis. It is established that the powers of the High Council of Justice are multifaceted, differentiated, but at the same time the only one that mediates the peculiarity of the legal status of the institution analyzed by us. As a result of this study, we established that the legal status of the Supreme Council of Justice is a multifaceted, differentiated category, which is mostly determined by analyzing the characteristics and powers of this institution, and is given a special legal meaning. As a result of the research, the author formed conclusions that are of an applied nature.

E-COMMERCE AS AN OBJECT OF FORENSIC RESEARCH: THE GENESIS OF SCIENTIFIC APPROACHES

Koba Valeriy

recipient of the Research Award Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0003-4381-0301

Anotation. The purpose of the article is to highlight and generalize scientific approaches to defining the concept of "e-commerce" and conducting a forensic analysis of fraud in the field of e-commerce. The article is devoted to the coverage of problematic issues in the field of electronic commerce, which outlines different views on the concepts of «electronic commerce», «electronic trade», etc., and emphasizes the differences of opinion regarding the substantive part of these concepts. A forensic analysis of the situation in the field of e-commerce was carried out and the factors influencing the level of fraud in the field of e-commerce were determined.
Keywords: The purpose of the article is to highlight and generalize scientific approaches to defining the concept of "e-commerce" and conducting a forensic analysis of fraud in the field of e-commerce. The article is devoted to the coverage of problematic issues in the field of electronic commerce, which outlines different views on the concepts of «electronic commerce», «electronic trade», etc., and emphasizes the differences of opinion regarding the substantive part of these concepts. A forensic analysis of the situation in the field of e-commerce was carried out and the factors influencing the level of fraud in the field of e-commerce were determined.

CONCEPT OF DEVELOPMENT OF E-DEMOCRACY IN UKRAINE: PUBLICATION OF RESULTS

Anatolii Pavziuk

Graduate student of the Department of Constitutional Law, National University «Odesa Law Academy» (Odessa, Ukraine)

ORCID ID: 0009-0008-0924-1333

Anotation. The article examines the arguments that point to the need to publicize the implementation of the Decree of the Cabinet of Ministers of Ukraine dated November 8, 2017 No. 797-r (regarding the Concept and the Plan of Measures for it) and highlights a number of key reasons for this, such as spreading awareness, activating citizenship, and supporting reforms, creation of reasonable recommendations, public pressure and condemnation, systematization of information. A number of arguments explaining the need to publish information on the implementation of the Action Plan are substantiated: transparency and openness; responsibility of the Cabinet of Ministers of Ukraine, involvement of citizens, increase of trust, improvement of management efficiency. It is substantiated that compliance with such recommendations will contribute to the creation of a more open and transparent government and will help ensure the publication of the Action Plan for the Development of Electronic Democracy in Ukraine, subject to active public support, implementation of public pressure and monitoring mechanisms.
Keywords: The article examines the arguments that point to the need to publicize the implementation of the Decree of the Cabinet of Ministers of Ukraine dated November 8, 2017 No. 797-r (regarding the Concept and the Plan of Measures for it) and highlights a number of key reasons for this, such as spreading awareness, activating citizenship, and supporting reforms, creation of reasonable recommendations, public pressure and condemnation, systematization of information. A number of arguments explaining the need to publish information on the implementation of the Action Plan are substantiated: transparency and openness; responsibility of the Cabinet of Ministers of Ukraine, involvement of citizens, increase of trust, improvement of management efficiency. It is substantiated that compliance with such recommendations will contribute to the creation of a more open and transparent government and will help ensure the publication of the Action Plan for the Development of Electronic Democracy in Ukraine, subject to active public support, implementation of public pressure and monitoring mechanisms.

SCIENTIFIC APPROACHES REGARDING TYPICAL INVESTIGATIVE SITUATIONS WHEN INVESTIGATING CRIMINAL OFFENSES RELATED TO THE USE OF INTERNET BANKING

Valerii Sysoliatin

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

ORCID ID: 0000-0003-3228-8845

Anotation. The scientific article is devoted to the coverage of certain aspects of the investigation of criminal offenses related to the use of Internet banking. Typical investigative situations during the investigation of a certain category of illegal acts are studied. It is emphasized that algorithmization is a mandatory component for any process, of course, only in those cases when its organizer aims for consistent and purposeful activity. The investigation of criminal offenses related to the use of Internet banking is no exception. At the same time, algorithmization must be built according to a certain system. In this regard, the investigation process is based on typical investigative situations. After all, the specified situations can accumulate both forensic versions and separate information about the event of an illegal act and its participants (victims, witnesses, suspects).
Keywords: The scientific article is devoted to the coverage of certain aspects of the investigation of criminal offenses related to the use of Internet banking. Typical investigative situations during the investigation of a certain category of illegal acts are studied. It is emphasized that algorithmization is a mandatory component for any process, of course, only in those cases when its organizer aims for consistent and purposeful activity. The investigation of criminal offenses related to the use of Internet banking is no exception. At the same time, algorithmization must be built according to a certain system. In this regard, the investigation process is based on typical investigative situations. After all, the specified situations can accumulate both forensic versions and separate information about the event of an illegal act and its participants (victims, witnesses, suspects).

THE FIRST COUNCIL OF LYON (JUNE 26 – JULY 17, 1245): CONTRIBUTION TO THE DEVELOPMENT OF CHURCH JURISDICTION AND JUDICIARY

Valery Sanzharov

Senior Lecturer, Department of Theoretical and Legal Disciplines State Tax University (Irpin, Ukraine)

ORCID ID: 0000-0003-4075-8572

Anotation. The article is devoted to the analysis of the constitutions (decrees) of the First Council of Lyons in 1245 and the contribution of council legislation to the development of church jurisdiction and the judiciary. The author stated that the First Council of Lyons became a reflection of a new stage of the struggle between the two dominant forces of medieval Christianity: the papacy and the empire. The tough position of Innocent IV was noted: the pope released all the emperor's subjects from the oath of allegiance and, under threat of excommunication, forbade them to obey Friedrich Staufen as emperor and king; the pontiff called on the imperial prince-electors to elect a new emperor. It is indicated that the five constitutions contain the results of discussions by the Council of urgent issues set out in the convocation letters and the inaugural speech: church reform (two constitutions), the Latin Empire and the Crusader states in the Holy Land (the need for military aid), the Tatars (military defense measures, the creation of a notification system), the crusade (the start was announced and sources of funding were determined). Resolutions on church elections, on papal legates, on protection of the rights of parties in court, on exceptions, on rescripts, on judges, on papal delegated judges ("conservatores"), on dishonest judges have been analyzed. The decrees address the problems of protecting clergy and church property from laymen and unscrupulous clerics, discuss the distribution of benefits and their ownership, as well as benefit-related measures of punishment of clerics and judicial influence on them.
Keywords: The article is devoted to the analysis of the constitutions (decrees) of the First Council of Lyons in 1245 and the contribution of council legislation to the development of church jurisdiction and the judiciary. The author stated that the First Council of Lyons became a reflection of a new stage of the struggle between the two dominant forces of medieval Christianity: the papacy and the empire. The tough position of Innocent IV was noted: the pope released all the emperor's subjects from the oath of allegiance and, under threat of excommunication, forbade them to obey Friedrich Staufen as emperor and king; the pontiff called on the imperial prince-electors to elect a new emperor. It is indicated that the five constitutions contain the results of discussions by the Council of urgent issues set out in the convocation letters and the inaugural speech: church reform (two constitutions), the Latin Empire and the Crusader states in the Holy Land (the need for military aid), the Tatars (military defense measures, the creation of a notification system), the crusade (the start was announced and sources of funding were determined). Resolutions on church elections, on papal legates, on protection of the rights of parties in court, on exceptions, on rescripts, on judges, on papal delegated judges ("conservatores"), on dishonest judges have been analyzed. The decrees address the problems of protecting clergy and church property from laymen and unscrupulous clerics, discuss the distribution of benefits and their ownership, as well as benefit-related measures of punishment of clerics and judicial influence on them.

PECULIARITIES OF THE INTERACTION OF CYBERCRIME COUNTERMEASURES

Oleksandr Kabysh

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

ORCID ID: 0009-0006-9137-0266

Anotation. The article, based on the analysis of the scientific views of scientists, reveals the essence of the concept of "interaction" as a general scientific category and as a form of cooperation between various subjects, which involves general purposefulness, coherence, and coordination of their work in order to fulfill common current tasks and achieve the ultimate goal. A set of key features that distinguish the interaction of cybercrime countermeasures is highlighted and the content of each of them is highlighted. It was concluded that the interaction of subjects in the fight against cybercrime is a model of social relations regulated by the norms of the administrative branch of law, which provides for close informational and organizational cooperation, consolidation of resources, the implementation of joint measures, as well as the division of responsibility in the process of carrying out state-significant activities in the direction of counteraction and prevention of socially dangerous acts that make up the structure of cybercrime.
Keywords: The article, based on the analysis of the scientific views of scientists, reveals the essence of the concept of "interaction" as a general scientific category and as a form of cooperation between various subjects, which involves general purposefulness, coherence, and coordination of their work in order to fulfill common current tasks and achieve the ultimate goal. A set of key features that distinguish the interaction of cybercrime countermeasures is highlighted and the content of each of them is highlighted. It was concluded that the interaction of subjects in the fight against cybercrime is a model of social relations regulated by the norms of the administrative branch of law, which provides for close informational and organizational cooperation, consolidation of resources, the implementation of joint measures, as well as the division of responsibility in the process of carrying out state-significant activities in the direction of counteraction and prevention of socially dangerous acts that make up the structure of cybercrime.

MODERN PROBLEMS OF PERSONNEL FORMATION OF THE SECURITY SERVICE OF UKRAINE

Volodymyr Karastelov

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

ORCID ID: 0000-0002-9355-2384

Anotation. The article, based on the analysis of the scientific views of scientists, reveals the general problematic aspects of the work of state authorities in general and directly of the institutions of the national security sector, in particular. The key features that have a negative impact on the procedure for forming the staff of bodies and units of the Security Service of Ukraine are highlighted. It was concluded that today the Security Service of Ukraine is a special, law enforcement body with a legally established structure, which counteracts offenses, the commission of which threatens Ukrainian statehood and national security, and work in its structural divisions requires the presence of special professional and moral and business qualities, and also imposes additional restrictions and a measure of legal responsibility on the person. As a result of these aspects, the formation of the personnel of the Security Service of Ukraine is complicated, because it involves the search for new candidates among a narrow circle of people who may potentially be suitable for the service, as well as the formality of the selection process, which depends on legislative and structural restrictions.
Keywords: The article, based on the analysis of the scientific views of scientists, reveals the general problematic aspects of the work of state authorities in general and directly of the institutions of the national security sector, in particular. The key features that have a negative impact on the procedure for forming the staff of bodies and units of the Security Service of Ukraine are highlighted. It was concluded that today the Security Service of Ukraine is a special, law enforcement body with a legally established structure, which counteracts offenses, the commission of which threatens Ukrainian statehood and national security, and work in its structural divisions requires the presence of special professional and moral and business qualities, and also imposes additional restrictions and a measure of legal responsibility on the person. As a result of these aspects, the formation of the personnel of the Security Service of Ukraine is complicated, because it involves the search for new candidates among a narrow circle of people who may potentially be suitable for the service, as well as the formality of the selection process, which depends on legislative and structural restrictions.

MODERN DEVELOPMENT OF INFORMATION SECURITY OF UKRAINE

Illia Vdovin

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

ORCID ID: 0000-0002-1916-3559

Anotation. The article focuses on the fact that only after the beginning of the aggression of the Russian Federation against Ukraine, which is also carried out in the information space, Ukrainian society and public authorities began to take a really careful and responsible approach to the issue of ensuring information security. It is substantiated that it is at the current stage that information security has really revealed itself as a necessary condition not just for combating crime, but for the preservation of Ukrainian statehood, territorial integrity and national identity. It was concluded that only after the beginning of the aggression of the Russian Federation against Ukraine, which is also carried out in the information space, Ukrainian society and public authorities began to take a really careful and responsible approach to the issue of ensuring information security. In particular, it is said that from the recognition of some individual threats and challenges facing Ukraine in the information sphere, as well as from the determination of certain directions for overcoming them, the authorities moved to: formulating a complex of conceptual principles, strategic priorities, goals and directions for ensuring the information security of Ukraine, both at the global and national level; consolidation at the legislative level of the basic principles of the organization and functioning of the administrative-legal mechanism for ensuring information security with the distribution of relevant tasks and powers between public authorities.
Keywords: The article focuses on the fact that only after the beginning of the aggression of the Russian Federation against Ukraine, which is also carried out in the information space, Ukrainian society and public authorities began to take a really careful and responsible approach to the issue of ensuring information security. It is substantiated that it is at the current stage that information security has really revealed itself as a necessary condition not just for combating crime, but for the preservation of Ukrainian statehood, territorial integrity and national identity. It was concluded that only after the beginning of the aggression of the Russian Federation against Ukraine, which is also carried out in the information space, Ukrainian society and public authorities began to take a really careful and responsible approach to the issue of ensuring information security. In particular, it is said that from the recognition of some individual threats and challenges facing Ukraine in the information sphere, as well as from the determination of certain directions for overcoming them, the authorities moved to: formulating a complex of conceptual principles, strategic priorities, goals and directions for ensuring the information security of Ukraine, both at the global and national level; consolidation at the legislative level of the basic principles of the organization and functioning of the administrative-legal mechanism for ensuring information security with the distribution of relevant tasks and powers between public authorities.

PARTICIPATION OF THE DEFENSE LAWYER IN THE IMPLEMENTATION OF THE PRINCIPLE OF ENSURING THE RIGHT TO PROTECTION

Kristina Podlegaeva

External PhD student at the Department of law enforcement and anti-corruption activities Interregional Academy of Personnel Management (Kyiv, Ukraine)

ORCID ID: 0000-0003-1825-492X

Anotation. The article proves that "ensuring the right to defense" as a general principle of criminal proceedings enshrines in the criminal procedural law the main ideas of the legal regulation of ensuring the right of a suspect, a person in respect of whom sufficient evidence has been collected to report the suspicion of committing a criminal offense, but the suspicion of committing a criminal offense has not been reported in connection with her death, the accused, convicted, acquitted, a person in relation to whom the application of coercive measures of a medical or educational nature is envisaged or the issue of their application has been decided, as well as a person in relation to whom the issue of extradition to a foreign state (extradition) for protection is envisaged , determining the content, the legal mechanism of provision aimed at its implementation. Enshrining in the Criminal Procedural Code of Ukraine one of the general principles of criminal proceedings indicates that this right of a person is given exceptionally special importance. The legal basis of the principle of ensuring the right to defense is a set of legal norms that determine the place and content of the right to defense in criminal proceedings of Ukraine, outline its boundaries, establish the legal status of participants in criminal proceedings who have the right to defense and a defender, regulate legal relations consisting of about the implementation and organizational support of their activities.
Keywords: The article proves that "ensuring the right to defense" as a general principle of criminal proceedings enshrines in the criminal procedural law the main ideas of the legal regulation of ensuring the right of a suspect, a person in respect of whom sufficient evidence has been collected to report the suspicion of committing a criminal offense, but the suspicion of committing a criminal offense has not been reported in connection with her death, the accused, convicted, acquitted, a person in relation to whom the application of coercive measures of a medical or educational nature is envisaged or the issue of their application has been decided, as well as a person in relation to whom the issue of extradition to a foreign state (extradition) for protection is envisaged , determining the content, the legal mechanism of provision aimed at its implementation. Enshrining in the Criminal Procedural Code of Ukraine one of the general principles of criminal proceedings indicates that this right of a person is given exceptionally special importance. The legal basis of the principle of ensuring the right to defense is a set of legal norms that determine the place and content of the right to defense in criminal proceedings of Ukraine, outline its boundaries, establish the legal status of participants in criminal proceedings who have the right to defense and a defender, regulate legal relations consisting of about the implementation and organizational support of their activities.

INTERNATIONAL PERSPECTIVE ON INTERNATIONAL CRIMES: OPERATION VISTULA AND «VOLYN TRAGEDY»

Yuliia Ruhalo

PhD student at the Department of International and European Law of the National University «Odesa Law Academy» (Odessa, Ukraine)

ORCID ID: 0009-0007-1271-8342

Anotation. The present research article is devoted to the international legal analysis of two historical events – Operation Vistula and Volyn tragedy. The article analyzes both events' legal and historical aspects and examines the legal qualification of Operation Vistula. Particular attention was paid to studying the causes and consequences of the crimes committed during these events. Additionally, the author highlights the relevance of these issues in achieving historical justice and awareness of potential geopolitical manipulations by russia through the use of historical conflicts between Ukraine and Poland to conduct its own goals. The study allows us not only to enrich our understanding of past events but also to consider potential threats of the present related to historical conflicts and attempts to violate international norms. The results of this study invite further historical research into these events to reach a consensus to prevent manipulations and resolve historical issues between the two states.
Keywords: The present research article is devoted to the international legal analysis of two historical events – Operation Vistula and Volyn tragedy. The article analyzes both events' legal and historical aspects and examines the legal qualification of Operation Vistula. Particular attention was paid to studying the causes and consequences of the crimes committed during these events. Additionally, the author highlights the relevance of these issues in achieving historical justice and awareness of potential geopolitical manipulations by russia through the use of historical conflicts between Ukraine and Poland to conduct its own goals. The study allows us not only to enrich our understanding of past events but also to consider potential threats of the present related to historical conflicts and attempts to violate international norms. The results of this study invite further historical research into these events to reach a consensus to prevent manipulations and resolve historical issues between the two states.

FORMS OF IMPLEMENTATION OF THE OPERATIONAL AND SEARCH FUNCTION AS A DIRECTION OF ADMINISTRATIVE ACTIVITY OF THE NATIONAL POLICE OF UKRAINE: CONCEPT AND CONTENT

Volodymyr Ogurchenko

Candidate of Legal Sciences, Doctoral student Dnipropetrovsk State University of Internal Affairs (Dnipro, Ukraine)

ORCID ID: 0009-0008-1752-9740

Anotation. The scientific article, based on a comprehensive analysis of the theory of administrative law, positions of legislation and practice in the field of operative-investigative activity, reveals the forms of implementation of the operative-investigative function as a direction of administrative activity of the National Police of Ukraine. It has been proven that the forms of implementation of the operational-investigative function as a direction of administrative activity of the National Police of Ukraine are specialized external measures and actions of a normative, organizational, technical and coordination nature, which in the process of implementing the operational-investigative function are combined into a single mechanism aimed at detection, disclosure and termination of offenses, effective use of resources to ensure the safety of citizens, general guarantee and protection of law and order and public safety.
Keywords: The scientific article, based on a comprehensive analysis of the theory of administrative law, positions of legislation and practice in the field of operative-investigative activity, reveals the forms of implementation of the operative-investigative function as a direction of administrative activity of the National Police of Ukraine. It has been proven that the forms of implementation of the operational-investigative function as a direction of administrative activity of the National Police of Ukraine are specialized external measures and actions of a normative, organizational, technical and coordination nature, which in the process of implementing the operational-investigative function are combined into a single mechanism aimed at detection, disclosure and termination of offenses, effective use of resources to ensure the safety of citizens, general guarantee and protection of law and order and public safety.

DIRECTIONS OF CONTROL AND SUPERVISORY ACTIVITIES OF BODIES AND UNITS OF THE NATIONAL POLICE OF UKRAINE

Roman Koziakov

Head of the Main Department of the National Police in Kirovohrad Region

ORCID ID: 0009-0008-7028-7832

Anotation. The article carries out a theoretical and legal study of the areas of control and supervision activities of the National Police of Ukraine. It was established that the currently existing organizational structure of the National Police bodies and divisions does not contribute to the effective performance of powers by its employees in the field of control and supervision activities. The scientific position regarding the need to amend Article 13 of the Law of Ukraine "On the National Police" regarding the formation of a new police body within the National Police – the police of preventive activities, was supported. The draft Law of Ukraine "On the Right to Civilian Firearms" (Reg. No. 5708) was analyzed, which, according to the author, should regulate the control and supervisory powers of the subjects of the unified state register of civilian firearms, the leading place among which should be the National Police of Ukraine.
Keywords: The article carries out a theoretical and legal study of the areas of control and supervision activities of the National Police of Ukraine. It was established that the currently existing organizational structure of the National Police bodies and divisions does not contribute to the effective performance of powers by its employees in the field of control and supervision activities. The scientific position regarding the need to amend Article 13 of the Law of Ukraine "On the National Police" regarding the formation of a new police body within the National Police – the police of preventive activities, was supported. The draft Law of Ukraine "On the Right to Civilian Firearms" (Reg. No. 5708) was analyzed, which, according to the author, should regulate the control and supervisory powers of the subjects of the unified state register of civilian firearms, the leading place among which should be the National Police of Ukraine.

REIMBURSEMENT OF MEDICINES AS A TOOL OF EFFECTIVE PHARMACEUTICAL PROVISION

Monika Dzhumutiia

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

ORCID ID: 0009-0001-3609-0357

Anotation. The article analyzes the theoretical and normative foundations of the medicines reimbursement tool in the health care system of Ukraine. The author's approaches to understanding the reimbursement of medicines, as well as examples of regulatory and legal support for this process, are presented. It was found that the reimbursement tool is related to the constitutional norms on the state's duty to ensure the sustainable functioning of the health care sector. It is suggested that the features of reimbursement include the presence of a state management mechanism, its classification as a model of public-private partnership, rationalization of budget expenditures in terms of implementing social security, provision of medical care through reimbursement to certain categories of citizens, and social direction. The origins of the European experience of regulatory provision of reimbursement, as well as the national one, are partially analyzed. Certain provisions of domestic legislation are given, which allow us to trace the development of the reimbursement tool in a historical aspect. Conclusions were made that reimbursement is an economic and financial mechanism that contributes to the normalized spending of budget funds on medicinal products and allows achieving a socially useful goal and global good by forming such a system of social relations in which each participant of such relations will have a protected state.
Keywords: The article analyzes the theoretical and normative foundations of the medicines reimbursement tool in the health care system of Ukraine. The author's approaches to understanding the reimbursement of medicines, as well as examples of regulatory and legal support for this process, are presented. It was found that the reimbursement tool is related to the constitutional norms on the state's duty to ensure the sustainable functioning of the health care sector. It is suggested that the features of reimbursement include the presence of a state management mechanism, its classification as a model of public-private partnership, rationalization of budget expenditures in terms of implementing social security, provision of medical care through reimbursement to certain categories of citizens, and social direction. The origins of the European experience of regulatory provision of reimbursement, as well as the national one, are partially analyzed. Certain provisions of domestic legislation are given, which allow us to trace the development of the reimbursement tool in a historical aspect. Conclusions were made that reimbursement is an economic and financial mechanism that contributes to the normalized spending of budget funds on medicinal products and allows achieving a socially useful goal and global good by forming such a system of social relations in which each participant of such relations will have a protected state.

THE ADMINISTRATIVE AND LEGAL MECHANISM FOR THE IMPLEMENTATION OF FUNCTIONS BY THE PROSECUTOR’S OFFICE: CONCEPT AND STRUCTURE

Oleksandr Ilienkov

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

ORCID ID: 0009-0000-0570-2579

Anotation. The article is devoted to the formation of the concept, features and definition of the structure of the administrativelegal mechanism for the implementation of functions by the prosecutor’s office. It was determined that the administrativelegal mechanism for the implementation of functions by the prosecutor’s office has the following characteristic features: 1) it is a dynamic systemic entity characterized by the internal organization of normative, institutional-organizational, instrumental-functional, resource-providing elements that form a complete unity; 2) the internal structure has a structural and functional character; 3) each element has its own purpose, which at the same time is determined by the single purpose of functioning of the entire mechanism to achieve the desired legal result; 4) the functioning of such a mechanism is ensured by the interconnection and interaction of its elements; 5) an exclusive special composition of subjects authorized to perform the functions of the prosecutor’s office; 6) the direct practical implementation of such a mechanism is carried out on the basis of administrative and legal norms.
Keywords: The article is devoted to the formation of the concept, features and definition of the structure of the administrativelegal mechanism for the implementation of functions by the prosecutor’s office. It was determined that the administrativelegal mechanism for the implementation of functions by the prosecutor’s office has the following characteristic features: 1) it is a dynamic systemic entity characterized by the internal organization of normative, institutional-organizational, instrumental-functional, resource-providing elements that form a complete unity; 2) the internal structure has a structural and functional character; 3) each element has its own purpose, which at the same time is determined by the single purpose of functioning of the entire mechanism to achieve the desired legal result; 4) the functioning of such a mechanism is ensured by the interconnection and interaction of its elements; 5) an exclusive special composition of subjects authorized to perform the functions of the prosecutor’s office; 6) the direct practical implementation of such a mechanism is carried out on the basis of administrative and legal norms.

SOME ASPECTS OF THE RIGHT TO A FAIR TRIAL IN THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS

Тaras Guk

laureate of the Scientific Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0009-0000-3147-424X

Anotation. This article examines key aspects of the right to a fair trial in the context of the European Court of Human Rights’ (ECHR) practice, particularly focusing on the use of covert investigation methods. The study employs a detailed analysis of ECHR case law to evaluate how covert operations affect the fairness of criminal proceedings. The study employed general scientific and special methods of cognition, such as the formal-legal method, which was used to study the regulatory acts of Ukraine and international conventions; the case method to examine specific cases in which the ECHR made decisions regarding the right to a fair trial when covert investigation methods were used, with an analysis of the court’s conclusions; the comparative method; and the formal-logical method, which facilitated the definition of terms and criteria. Criteria for determining indirect provocation have been developed, which should be adapted to current legislation in further research and/or proposals should be developed for making appropriate legislative changes.
Keywords: This article examines key aspects of the right to a fair trial in the context of the European Court of Human Rights’ (ECHR) practice, particularly focusing on the use of covert investigation methods. The study employs a detailed analysis of ECHR case law to evaluate how covert operations affect the fairness of criminal proceedings. The study employed general scientific and special methods of cognition, such as the formal-legal method, which was used to study the regulatory acts of Ukraine and international conventions; the case method to examine specific cases in which the ECHR made decisions regarding the right to a fair trial when covert investigation methods were used, with an analysis of the court’s conclusions; the comparative method; and the formal-logical method, which facilitated the definition of terms and criteria. Criteria for determining indirect provocation have been developed, which should be adapted to current legislation in further research and/or proposals should be developed for making appropriate legislative changes.

THE PLACE OF ADMINISTRATIVE LAW STANDARDS IN THE SYSTEM OF LEGAL REGULATION OF THE FORMATION OF THE PERSONNEL RESERVE OF THE PROSECUTION BODIES

Viacheslav Chornei

laureate of the Scientific Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-2124-1237

Anotation. It is argued that under the system of legal regulation it is most expedient to understand a set of normative legal acts of different legal force, which contain uniform norms aimed at regulating, organizing and systematizing legal relations that arise in the process of forming the personnel reserve of prosecutor’s offices. It is noted that in order to evaluate the relevant regulation and establish the place of the norms of administrative law in it, it is most expedient to consider the system of normative legal acts in the relevant field guided by the criterion of their distribution by legal force. It is emphasized that in terms of the presented issues, the Constitution of Ukraine defines the most important aspects regarding: first, ensuring the functioning of the prosecutor’s office and determining its place in the system of state authorities; secondly, determination of the key principles of formation and implementation of the state personnel policy; thirdly, conducting the state employment policy.
Keywords: It is argued that under the system of legal regulation it is most expedient to understand a set of normative legal acts of different legal force, which contain uniform norms aimed at regulating, organizing and systematizing legal relations that arise in the process of forming the personnel reserve of prosecutor’s offices. It is noted that in order to evaluate the relevant regulation and establish the place of the norms of administrative law in it, it is most expedient to consider the system of normative legal acts in the relevant field guided by the criterion of their distribution by legal force. It is emphasized that in terms of the presented issues, the Constitution of Ukraine defines the most important aspects regarding: first, ensuring the functioning of the prosecutor’s office and determining its place in the system of state authorities; secondly, determination of the key principles of formation and implementation of the state personnel policy; thirdly, conducting the state employment policy.

TOWN PLANNING ACTIVITY: CONCEPTS, SIGNS

Volodymyr Yurko

laureate of the Scientific Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0003-2663-8784

Anotation. In the article, based on the analysis of current and retrospective national legislation, as well as various scientific approaches, the concept of urban planning activity is analyzed and defined, and its characteristics are determined. It was established that the leadership and residents of many settlements in Ukraine still underestimate the importance of their appearance, public spaces and public infrastructure, not fully understanding the correlation between the quality of life, social development and other key components of human well-being. It was determined that the modern trend of urban planning should create a green economy that does not depend on fossil fuels. When developing their urban development plans, authorities should include low-emission strategies as well as climate change resilience. However, one of the key obstacles to quality management in the field of urban development is the lack of appropriate regulatory framework and legislation at the national or local levels. In particular, in many settlements of Ukraine, the discrepancy between local needs and the national framework of urban planning is increasingly being recognized.
Keywords: In the article, based on the analysis of current and retrospective national legislation, as well as various scientific approaches, the concept of urban planning activity is analyzed and defined, and its characteristics are determined. It was established that the leadership and residents of many settlements in Ukraine still underestimate the importance of their appearance, public spaces and public infrastructure, not fully understanding the correlation between the quality of life, social development and other key components of human well-being. It was determined that the modern trend of urban planning should create a green economy that does not depend on fossil fuels. When developing their urban development plans, authorities should include low-emission strategies as well as climate change resilience. However, one of the key obstacles to quality management in the field of urban development is the lack of appropriate regulatory framework and legislation at the national or local levels. In particular, in many settlements of Ukraine, the discrepancy between local needs and the national framework of urban planning is increasingly being recognized.

TO CHARACTERIZE THE EXPERIENCE OF THE UNITED STATES IN THE TRAINING OF PERSONNEL FOR THE ARMED FORCES

Oleksandr Moskvych

laureate of the Scientific Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0009-0006-6047-092X

Anotation. The purpose of the article is: to describe the positive experience of the United States of America in training personnel for the armed forces. The article, based on the analysis of scientific views of scientists, summarizes the positive experience of the United States of America in training personnel for the armed forces. It was emphasized that the USA is a vivid example of how to effectively and qualitatively build a system of personnel training for the armed forces at all levels and directions. The most positive points of the experience of the specified country, which may be of interest to the Ukrainian legislator in the context of improving the national system of personnel training for the Armed Forces of Ukraine, are highlighted. It was concluded that the USA is a vivid example of how to effectively and qualitatively build a system of personnel training for the armed forces at all levels and directions. This system is characterized by a high level of orientation: first, on the training of top-class professionals in specific areas; secondly, improving the professional and personal qualities of military personnel who apply for higher positions. In addition, on the positive side, it is worth noting the stability and high uniformity of the legislation on the training of personnel for the army.
Keywords: The purpose of the article is: to describe the positive experience of the United States of America in training personnel for the armed forces. The article, based on the analysis of scientific views of scientists, summarizes the positive experience of the United States of America in training personnel for the armed forces. It was emphasized that the USA is a vivid example of how to effectively and qualitatively build a system of personnel training for the armed forces at all levels and directions. The most positive points of the experience of the specified country, which may be of interest to the Ukrainian legislator in the context of improving the national system of personnel training for the Armed Forces of Ukraine, are highlighted. It was concluded that the USA is a vivid example of how to effectively and qualitatively build a system of personnel training for the armed forces at all levels and directions. This system is characterized by a high level of orientation: first, on the training of top-class professionals in specific areas; secondly, improving the professional and personal qualities of military personnel who apply for higher positions. In addition, on the positive side, it is worth noting the stability and high uniformity of the legislation on the training of personnel for the army.

THE LATEST STATE POLICY IN THE FIELD OF HEALTH PROTECTION AS AN OBJECT OF ADMINISTRATIVE AND LEGAL REGULATION

Serhii Cherviak

External Postgraduate Student
at the Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0001-6212-9905

Anotation. Abstract. The purpose of the article is to characterize the latest state policy in the field of health care as an object of administrative and legal regulation based on a systematic analysis of the integration of administrative and medical law. The article reveals that state policy in the field of health care as an object of administrative and legal regulation involves the creation of effective mechanisms of state regulation that meet national and international standards, and includes bringing national legislation into line with European norms, developing strategic planning concepts, multi-channel financing of the health care system, support for scientific research and improvement of the quality of training of medical personnel. The main goal is to preserve the nation's gene pool, ensure a high level of health and quality of life of citizens, which are key factors of national security.
Keywords: Abstract. The purpose of the article is to characterize the latest state policy in the field of health care as an object of administrative and legal regulation based on a systematic analysis of the integration of administrative and medical law. The article reveals that state policy in the field of health care as an object of administrative and legal regulation involves the creation of effective mechanisms of state regulation that meet national and international standards, and includes bringing national legislation into line with European norms, developing strategic planning concepts, multi-channel financing of the health care system, support for scientific research and improvement of the quality of training of medical personnel. The main goal is to preserve the nation's gene pool, ensure a high level of health and quality of life of citizens, which are key factors of national security.

FOREIGN EXPERIENCE IN REGULATING CRIMINAL LIABILITY FOR FRAUD COMMITTED THROUGH ILLEGAL TRANSACTIONS WITH THE USE OF ELECTRONIC COMPUTERS

Oleksandr Myrhorodskyi

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

ORCID ID: 0009-0009-2197-449X

Anotation. Abstract. The article analyzes the experience of the Republic of Latvia, the Republic of Lithuania and the Republic of Poland in terms of regulating criminal liability for fraud committed through illegal transactions with the use of electronic computing equipment. The author emphasizes that the existence of high-quality and socially conditioned legislation on criminal liability is one of the most important keys to effective counteraction to torts. It is established that in the Criminal Code of the Republic of Latvia and the Criminal Code of the Republic of Poland, acts related to fraud in an automated data processing system are distinguished into a separate criminal offense. It is proposed to take into account the experience of the Republic of Latvia in terms of building a sanction of the provision providing for liability for fraud committed through illegal transactions using electronic computing equipment, and to supplement Part 3 of Article 190 of the Criminal Code of Ukraine with such an alternative type of punishment as a fine. It is emphasized that such a decision will allow courts to choose the most just punishment for those guilty of committing a tort, taking into account all the circumstances of the case and will make the law on criminal liability more effective.
Keywords: Abstract. The article analyzes the experience of the Republic of Latvia, the Republic of Lithuania and the Republic of Poland in terms of regulating criminal liability for fraud committed through illegal transactions with the use of electronic computing equipment. The author emphasizes that the existence of high-quality and socially conditioned legislation on criminal liability is one of the most important keys to effective counteraction to torts. It is established that in the Criminal Code of the Republic of Latvia and the Criminal Code of the Republic of Poland, acts related to fraud in an automated data processing system are distinguished into a separate criminal offense. It is proposed to take into account the experience of the Republic of Latvia in terms of building a sanction of the provision providing for liability for fraud committed through illegal transactions using electronic computing equipment, and to supplement Part 3 of Article 190 of the Criminal Code of Ukraine with such an alternative type of punishment as a fine. It is emphasized that such a decision will allow courts to choose the most just punishment for those guilty of committing a tort, taking into account all the circumstances of the case and will make the law on criminal liability more effective.

INTERNATIONAL STANDARDS AND PRACTICES OF MONITORING THE STATE OF OBSERVANCE OF DISCIPLINE AND LEGALITY IN THE ACTIVITIES OF THE PATROL POLICE OF FOREIGN COUNTRIES

Oleksandr Paramonov

PhD student of the Department of Police Law
National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0003-1572-0562

Anotation. Abstract. In the article, the author analyzes international standards and practices of monitoring the state of observance of discipline and legality in the activities of the patrol police of foreign countries. The author notes the importance of using international experience in monitoring the state of observance of discipline and legality in countries with the most developed democracies and legal systems of society in general and effective police units in particular, which, as a result of attempts and methods of adapting the relevant police experience to the realities of Ukrainian legislation, can solve a number of problematic issues of a national scale. The author notes that the leading experience of Great Britain and the United States of America, although it does not contain the separation of inspections and monitoring units for the activities of each police unit, the issue of point fragmentation of systems for ensuring compliance with discipline and legality in interregional territorial units remains open and relevant, which in turn opens up new scientific horizons and the need to analyze the effectiveness of this way of organizing activities.
Keywords: Abstract. In the article, the author analyzes international standards and practices of monitoring the state of observance of discipline and legality in the activities of the patrol police of foreign countries. The author notes the importance of using international experience in monitoring the state of observance of discipline and legality in countries with the most developed democracies and legal systems of society in general and effective police units in particular, which, as a result of attempts and methods of adapting the relevant police experience to the realities of Ukrainian legislation, can solve a number of problematic issues of a national scale. The author notes that the leading experience of Great Britain and the United States of America, although it does not contain the separation of inspections and monitoring units for the activities of each police unit, the issue of point fragmentation of systems for ensuring compliance with discipline and legality in interregional territorial units remains open and relevant, which in turn opens up new scientific horizons and the need to analyze the effectiveness of this way of organizing activities.

US EXPERIENCE IN IMPLEMENTING INFORMATION AND ANALYTICS ENSURING THE ACTIVITIES OF POLICE BODIES

Yana Kovalchuk

laureate of the
Scientific Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-3757-6241

Anotation. Abstract. The article examines the experience of the USA in the use of the latest technologies in the implementation of information and analytical support for the activities of police bodies. The author states that the use of data analytics and algorithms for policing has numerous potential benefits, but also carries significant risks, including bias. These include unfair discrimination on the basis of protected characteristics, real or apparent distortions of the decision-making process, or outcomes and processes that are systematically less fair to individuals in a particular group. It concludes that police organizations can use big data and artificial intelligence to fight crime and improve security. But they can also be used as tools to empower citizens and reduce discriminatory effects on individuals, groups and society as a whole. In the USA, various national cloud platforms are used for more effective information and analytical activities of the police, for example, PredPol and HunchLab, which showed quite good results.
Keywords: Abstract. The article examines the experience of the USA in the use of the latest technologies in the implementation of information and analytical support for the activities of police bodies. The author states that the use of data analytics and algorithms for policing has numerous potential benefits, but also carries significant risks, including bias. These include unfair discrimination on the basis of protected characteristics, real or apparent distortions of the decision-making process, or outcomes and processes that are systematically less fair to individuals in a particular group. It concludes that police organizations can use big data and artificial intelligence to fight crime and improve security. But they can also be used as tools to empower citizens and reduce discriminatory effects on individuals, groups and society as a whole. In the USA, various national cloud platforms are used for more effective information and analytical activities of the police, for example, PredPol and HunchLab, which showed quite good results.

TYPICAL INVESTIGATORS OF SITUATIONS DURING THE INVESTIGATION OF FRAUD IN THE SPHERE OF THE USE OF INTERNET BANKING: SCIENTIFIC DISCUSSIONS

Serhii Perkhun

laureate of the
Scientific Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0009-0002-6631-2632

Anotation. Abstract. The scientific article is devoted to some aspects of the investigation of fraud in the use of Internet banking. Typical investigative situations in criminal proceedings based on the fact of committing the investigated category of criminal offenses are considered. It is emphasized that the insufficient awareness of the authorized persons about the types of typical investigative situations and their corresponding investigative versions leads to the deterioration of the effectiveness of the initial stage of the investigation, due to the incorrect definition of the directions of the investigation, the selection of a set of relevant procedural actions. It is noted that the investigation of criminal offenses must take place in a certain sequence. This sequence is ensured by conducting investigative (search) actions, covert investigative (search) actions and other procedural actions in accordance with typical investigative situations. The specified criminalistic category performs the role of a regulator of the implementation of the above measures. Their author's definition is provided as a system of information about an illegal event and the situation of its investigation, which affects the selection and sequence of conducting the SRD, NSRD and other procedural actions for the most effective implementation of a specific stage of criminal proceedings. Typical investigative situations of the investigation of fraud in the field of Internet banking are formulated, such as: 1) fraudulent actions have been committed in the field of Internet banking, there is a personal evidence base, the fraudster is known; 2) fraudulent actions have been committed in the field of using Internet banking, there is a personal evidence base, the fraudster is unknown; 3) fraudulent actions have been committed in the field of internet banking, there is a personal and material evidence base, the fraudster is unknown; 4) fraudulent actions have been committed in the field of internet banking, there is a complete lack of evidence base.
Keywords: Abstract. The scientific article is devoted to some aspects of the investigation of fraud in the use of Internet banking. Typical investigative situations in criminal proceedings based on the fact of committing the investigated category of criminal offenses are considered. It is emphasized that the insufficient awareness of the authorized persons about the types of typical investigative situations and their corresponding investigative versions leads to the deterioration of the effectiveness of the initial stage of the investigation, due to the incorrect definition of the directions of the investigation, the selection of a set of relevant procedural actions. It is noted that the investigation of criminal offenses must take place in a certain sequence. This sequence is ensured by conducting investigative (search) actions, covert investigative (search) actions and other procedural actions in accordance with typical investigative situations. The specified criminalistic category performs the role of a regulator of the implementation of the above measures. Their author's definition is provided as a system of information about an illegal event and the situation of its investigation, which affects the selection and sequence of conducting the SRD, NSRD and other procedural actions for the most effective implementation of a specific stage of criminal proceedings. Typical investigative situations of the investigation of fraud in the field of Internet banking are formulated, such as: 1) fraudulent actions have been committed in the field of Internet banking, there is a personal evidence base, the fraudster is known; 2) fraudulent actions have been committed in the field of using Internet banking, there is a personal evidence base, the fraudster is unknown; 3) fraudulent actions have been committed in the field of internet banking, there is a personal and material evidence base, the fraudster is unknown; 4) fraudulent actions have been committed in the field of internet banking, there is a complete lack of evidence base.

SUBJECTS OF PROVIDING ADMINISTRATIVE PROCEDURES IN THE FIELD OF CYBER SECURITY

Oleksandr Nikolaichyk

laureate of the
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-0218-870X

Anotation. Abstract. The purpose of the article is to outline and characterize the legal status of subjects implementing administrative procedures in the field of cyber security. In the article, based on the analysis of scientific views of scientists, the author's approach to defining the concept of "subjects of implementation of administrative procedures in the field of cyber security" is proposed. A circle of relevant subjects is highlighted. An analysis of the norms of the current legislation was carried out, on the basis of which the legal status of the key subjects of the implementation of administrative procedures in the field of cyber security was characterized. It was determined that under the subjects of the implementation of administrative procedures in the field of cyber security, it is most appropriate to understand the set of specially authorized state authorities (represented by their officials), which, in accordance with the norms of the current legislation, are empowered and have the necessary competence to implement actions and measures aimed at creation of necessary conditions for protection of information systems and networks, as well as coordination of actions to prevent, detect and respond to cyber threats.
Keywords: Abstract. The purpose of the article is to outline and characterize the legal status of subjects implementing administrative procedures in the field of cyber security. In the article, based on the analysis of scientific views of scientists, the author's approach to defining the concept of "subjects of implementation of administrative procedures in the field of cyber security" is proposed. A circle of relevant subjects is highlighted. An analysis of the norms of the current legislation was carried out, on the basis of which the legal status of the key subjects of the implementation of administrative procedures in the field of cyber security was characterized. It was determined that under the subjects of the implementation of administrative procedures in the field of cyber security, it is most appropriate to understand the set of specially authorized state authorities (represented by their officials), which, in accordance with the norms of the current legislation, are empowered and have the necessary competence to implement actions and measures aimed at creation of necessary conditions for protection of information systems and networks, as well as coordination of actions to prevent, detect and respond to cyber threats.