Journal №5 (33) vol. 3 / 2020|KELM

LIST OF FILES

THE PEDAGOGICAL PLANNING OF THE EDUCATIONAL MARATHONE-WORKSHOP CONTENT FROM THE FORMATION STUDENT’S ART AND PRACTICAL COMPETENCE

Olha Maievska

Postgraduate Student at the Department of Theory and Methods of Technological Education of the Faculty of Technology and Design
Poltava V.G. Korolenko National Pedagogical University (Poltava, Ukraine)

ORCID ID: 0000-0002-7444-2923

Anotation. The article is devoted to streamlining the content of the educational marathon-workshop on the formation of artistic and practical competence of students. The marathon was chosen as the form of the school event, because it is a short-term multidisciplinary intensive, when children are immersed in the study of the material. Selected topics from the field of education, art, design, economics, management, coaching are divided into blocks, in accordance with the four main modules and built into the structure of the marathon-workshop. The flexible model of educational intensive presented in the publication represents the dependence of the obtained results on the form of realization of tasks to achieve the set goal. The stages of the program consist of objects examples of designing and technologies that can be replaced the same in complexity, but aimed at the interest of younger adolescents in subject-transformational activities, deepening knowledge, training skills, forming a stable habit of regular creative activity. Thanks to the systematic implementation of tasks, the transition of creative thinking into a state of flow, increasing motivation to learn, the level of confidence in their abilities and the value of the results is predicted.
Keywords: The article is devoted to streamlining the content of the educational marathon-workshop on the formation of artistic and practical competence of students. The marathon was chosen as the form of the school event, because it is a short-term multidisciplinary intensive, when children are immersed in the study of the material. Selected topics from the field of education, art, design, economics, management, coaching are divided into blocks, in accordance with the four main modules and built into the structure of the marathon-workshop. The flexible model of educational intensive presented in the publication represents the dependence of the obtained results on the form of realization of tasks to achieve the set goal. The stages of the program consist of objects examples of designing and technologies that can be replaced the same in complexity, but aimed at the interest of younger adolescents in subject-transformational activities, deepening knowledge, training skills, forming a stable habit of regular creative activity. Thanks to the systematic implementation of tasks, the transition of creative thinking into a state of flow, increasing motivation to learn, the level of confidence in their abilities and the value of the results is predicted.

THE CHANGE IN THE LEVEL OF PHYSICAL HEALTH OF 16–17-YEAR-OLD PUPILS UNDER THE INFLUENCE OF CROSSFIT EXERCISES

Anhelina Petrova, Tetiana Bala

Anhelina Petrova, Senior Lecturer at the Department of Theory and Methods of Physical Education Kharkiv State Academy of Physical Culture (Kharkiv, Ukraine)
Tetiana Bala, Ph. D. in Physical Education and Sports, Associate Professor, Associate Professor at the Department of Theory and Methods of Physical Education Kharkiv State Academy of Physical Culture (Kharkiv, Ukraine)

ORCID ID: 0000-0001-6400-8624, ORCID ID: 0000-0002-5427-6796

Anotation. The article presents the results of primary researches reflecting the level of physical health of pupils of high school age in the main and control groups. It was found that the data correspond to “below the average” level in 16-year-old pupils of both study groups and 17-year-old girls of the control group, and the results of 17-year-old boys of both groups, and 17-year-old girls of the main group indicate the “average” level. The comparative analysis of the obtained data in the age and sex aspects was made before and after the experiment. It is determined that there is mainly an improvement in results with the age both in main groups and control groups in the age aspect. In general, the primacy of the results of boys over the data of girls in both study groups is reflected by the sex sign. Considering the indicators of high school pupils after the introduction of the Crossfit variant module, it was revealed that the level of physical health improved to the “average” level in 16-year-old boys, and to “above the average” level in 16-year-old girls and 17-year-old boys., Mostly, the results remained unchanged in pupils of control groups, compared to the initial data.
Keywords: The article presents the results of primary researches reflecting the level of physical health of pupils of high school age in the main and control groups. It was found that the data correspond to “below the average” level in 16-year-old pupils of both study groups and 17-year-old girls of the control group, and the results of 17-year-old boys of both groups, and 17-year-old girls of the main group indicate the “average” level. The comparative analysis of the obtained data in the age and sex aspects was made before and after the experiment. It is determined that there is mainly an improvement in results with the age both in main groups and control groups in the age aspect. In general, the primacy of the results of boys over the data of girls in both study groups is reflected by the sex sign. Considering the indicators of high school pupils after the introduction of the Crossfit variant module, it was revealed that the level of physical health improved to the “average” level in 16-year-old boys, and to “above the average” level in 16-year-old girls and 17-year-old boys., Mostly, the results remained unchanged in pupils of control groups, compared to the initial data.

TRANSFORMATION OF PROFESSIONAL REQUIREMENTS FOR TEACHERS OF PRIVATE PRIMARY SCHOOLS IN UKRAINE (1990 – 2010)

Olha Pylypiv

Primary School Teacher
LLC “School of the Free and Indifferent” (Lviv, Ukraine)

ORCID ID: 0000-0002-8424-2255

Anotation. Democratic processes in Ukraine (1990–2010), economic and social changes, the approval of new legislation on education led to development of secondary schools of various forms of ownership, which caused transformation of professional requirements for teachers. Theoretical analysis as well as generalization of sources indicate the interest of modern Ukrainian scientists to the specified scientific problem. The article covers the genesis of formation and development of legislative initiatives of the state in the context of the development of the school educational system on the basis of personality-oriented paradigm, in contrast to normative knowledge (which existed in the Soviet era). In line with these changes some features of transformation in relation to professional requirements to the teachers of private primary schools were revealed. The differences that characterize the activities of private primary school teachers were found out, namely: close ties with students’ parents, individualization of learning process and reliance on the individual personal development of the child. The experience of primary school teachers in private secondary school “Catholic School of St. Basil the Great” is presented. In this school, pedagogical innovations in the work of teachers are closely intertwined with a traditional moral and spiritual development of children.
Keywords: Democratic processes in Ukraine (1990–2010), economic and social changes, the approval of new legislation on education led to development of secondary schools of various forms of ownership, which caused transformation of professional requirements for teachers. Theoretical analysis as well as generalization of sources indicate the interest of modern Ukrainian scientists to the specified scientific problem. The article covers the genesis of formation and development of legislative initiatives of the state in the context of the development of the school educational system on the basis of personality-oriented paradigm, in contrast to normative knowledge (which existed in the Soviet era). In line with these changes some features of transformation in relation to professional requirements to the teachers of private primary schools were revealed. The differences that characterize the activities of private primary school teachers were found out, namely: close ties with students’ parents, individualization of learning process and reliance on the individual personal development of the child. The experience of primary school teachers in private secondary school “Catholic School of St. Basil the Great” is presented. In this school, pedagogical innovations in the work of teachers are closely intertwined with a traditional moral and spiritual development of children.

ENVIRONMENTAL MOTIVES IN THE LANDSCAPE GENRE OF JAPANESE GRAPHICS: MAIN TRENDS AND STAGES OF DEVELOPMENT OF THE XVIII – BEGINNING OF XX CENTURY

Liudmyla Lytvyniuk, Kateryna Shaulis

Liudmyla Lytvyniuk, Candidate of Art History, Associate Professor at the Department of Graphic Design Kharkiv State Academy of Design and Arts (Kharkiv, Ukraine)
Kateryna Shaulis, Senior Lecturer at the Department of Audiovisual Arts Kharkiv State Academy of Design and Arts (Kharkiv, Ukraine)

ORCID ID: 0000-0002-3412-463X, ORCID ID: 0000-0003-4029-5790

Anotation. The aim of the work is to study ecological motives in Japanese graphics from the 18th to early 20th century, to determine the artistic language, techniques and means of artistic expression. The work uses both general scientific and art history methods of scientific analysis. In the study of professional literature, methods of systematization and critical analysis were used. Methods of formal, figurative, stylistic and comparative analysis were used in comprehending the artistic features of Japanese poster samples. The ecological motives in the Japanese graphics of the 18th – early 20th centuries are investigated. The significant influence of religious and philosophical dogmas on the formation of the ecological direction has been established. It is certain that the emergence of environmental motives in the landscape genre of Japanese graphics occurs already in the 18th century, this was primarily due to the seismic instability of the region, which is why Japan is constantly suffering from natural disasters. The main array of engravings of this period was divided into two blocks: the first (the development of the “new engraving”), when Japanese masters abandon the traditional artistic language and switch to European graphics. The use of bright local colors remains unchanged; the second (the formation of the shinhang graphics), in which the masters successfully combined the traditional artistic language of ukiyo-e engraving, together with the visual tendencies of Europe. Scientific novelty consists in that in-process the features of evolution of characters of nature are first reflected in the Japanese graphic arts during two centuries; certainly her leading representatives, the most widespread artistic approaches and receptions was educed. Practical significance consists in that materials of the article can be used for development of such lecture courses, as “History of graphic arts”, “Art of Far East”, “History of fine art”, and planning on specializations “graphic design”, “audiovisual art” and others like that.
Keywords: The aim of the work is to study ecological motives in Japanese graphics from the 18th to early 20th century, to determine the artistic language, techniques and means of artistic expression. The work uses both general scientific and art history methods of scientific analysis. In the study of professional literature, methods of systematization and critical analysis were used. Methods of formal, figurative, stylistic and comparative analysis were used in comprehending the artistic features of Japanese poster samples. The ecological motives in the Japanese graphics of the 18th – early 20th centuries are investigated. The significant influence of religious and philosophical dogmas on the formation of the ecological direction has been established. It is certain that the emergence of environmental motives in the landscape genre of Japanese graphics occurs already in the 18th century, this was primarily due to the seismic instability of the region, which is why Japan is constantly suffering from natural disasters. The main array of engravings of this period was divided into two blocks: the first (the development of the “new engraving”), when Japanese masters abandon the traditional artistic language and switch to European graphics. The use of bright local colors remains unchanged; the second (the formation of the shinhang graphics), in which the masters successfully combined the traditional artistic language of ukiyo-e engraving, together with the visual tendencies of Europe. Scientific novelty consists in that in-process the features of evolution of characters of nature are first reflected in the Japanese graphic arts during two centuries; certainly her leading representatives, the most widespread artistic approaches and receptions was educed. Practical significance consists in that materials of the article can be used for development of such lecture courses, as “History of graphic arts”, “Art of Far East”, “History of fine art”, and planning on specializations “graphic design”, “audiovisual art” and others like that.

FRONTLINE DRAWINGS OF ANTON KOMASHKA

Yuliia Maystrenko-Vakulenko

Candidate of Art History, Associate Professor, Head of the Department of Scenography and Screen Arts
National Academy of Fine Art and Architecture (Kyiv, Ukraine)

ORCID ID: 0000-0002-9796-7781

Anotation. The purpose of this paper is to analyze the figurative and stylistic structure as well as technique of Anton Komashka`s frontline drawings of the Great Patriotic War period; they are kept in funds of the Central State Archives Museum of Literature and Arts of Ukraine (CSAMLA of Ukraine). The scientific novelty of this paper lies in the introduction of little-known Komashka’s frontline drawings into scientific use and in the return of his name to the history of the Ukrainian art. By analyzing archival sources the life path of the artist in 1941–1945 has been reconstructed; it has been proved that Komashka identified himself as Ukrainian artist. Based on the study of features in the author technique and range of genres in Komashka’s frontline legacy, it has been established that frontline works of the artist are affiliated with in the area of drawing; the inconsistency between the figurative and stylistic character of Komashka’s artistic legacy in the Great Patriotic War and his political position of the Stalinist hard-liner has been detected. The paradoxicality of Komashka’s artistic activities in 1942–1945 lies, first of all, in the various formal stylistic approaches to the drawing of frontline sketches by the artist and creation of easel paintings on their basis. The attention to the formal artistic elements – plane, rhythm and spots are not compliant with the principles of social realism defended by Komashka (that is present in his paintings) and make drawings of the artist similar to modernist and avant-garde works. The special author technique caused icon-like abstracted figures to be created; the very displacement of the portrayed into the world of eternity distinguishes Komashka`s works from the general totality of Ukrainian frontline drawing of the Great Patriotic War period in a most significant way because the latter aimed mostly the photo-like fixation of a certain moment.
Keywords: The purpose of this paper is to analyze the figurative and stylistic structure as well as technique of Anton Komashka`s frontline drawings of the Great Patriotic War period; they are kept in funds of the Central State Archives Museum of Literature and Arts of Ukraine (CSAMLA of Ukraine). The scientific novelty of this paper lies in the introduction of little-known Komashka’s frontline drawings into scientific use and in the return of his name to the history of the Ukrainian art. By analyzing archival sources the life path of the artist in 1941–1945 has been reconstructed; it has been proved that Komashka identified himself as Ukrainian artist. Based on the study of features in the author technique and range of genres in Komashka’s frontline legacy, it has been established that frontline works of the artist are affiliated with in the area of drawing; the inconsistency between the figurative and stylistic character of Komashka’s artistic legacy in the Great Patriotic War and his political position of the Stalinist hard-liner has been detected. The paradoxicality of Komashka’s artistic activities in 1942–1945 lies, first of all, in the various formal stylistic approaches to the drawing of frontline sketches by the artist and creation of easel paintings on their basis. The attention to the formal artistic elements – plane, rhythm and spots are not compliant with the principles of social realism defended by Komashka (that is present in his paintings) and make drawings of the artist similar to modernist and avant-garde works. The special author technique caused icon-like abstracted figures to be created; the very displacement of the portrayed into the world of eternity distinguishes Komashka`s works from the general totality of Ukrainian frontline drawing of the Great Patriotic War period in a most significant way because the latter aimed mostly the photo-like fixation of a certain moment.

THE OPTIMIZATION OF COMPUTER DESIGN TEACHING IN THE CONTEXT OF DISTANCE EDUCATION

Viktoriia Oliinyk

Ph. D. in Art Studies, Senior Lecturer at the Department of Arts
Kyiv National University of Culture and Arts (Kyiv, Ukraine)

ORCID ID: 0000-0002-3455-6942

Anotation. This article presents the research on online teaching options of computer design, which is one of the common specialized subjects in design education. The need for that arose by the necessity to obtain a university degree in the view of the lockdown restrictions. The author’s suggestions include particular solutions stipulated by this situation concerning the encouragement of students’ current engagements, monitoring the knowledge they have already gained, grading final assignments, establishing an efficient teacher-student interaction and so on. Based on the professional teaching experience of domestic and foreign colleagues, the researcher draws conclusions concerning the effectiveness of teaching methods and approaches currently implemented in design education (primarily, the disciplines which involve computer technologies for designing purposes). She also outlines their significance in the context of distant learning. The article is focused on such crucial aspects of the pedagogical process like the relevance of current reforms in the Ukrainian system of education (both planned and urged) and the prospects they present. In particular, different contemporary approaches to the designers’ training are compared, the ways to optimize distant education in computer design are studied and, following that, the features of effective distant learning are outlined. It has been proved that the optimization of the existing system of design education in current conditions is still in the development process, which means that many exciting transformations lie ahead. These transformations will lead to annihilation of the conventional educational and pedagogical stereotypes and result in a different quality level of educational process, including teaching of computer disciplines. Based on the results of the research (along with personal pedagogical experience) a model of distant teaching of computer design, efficient from the author’s point of view, was proposed. This model takes into account the specific nature of the subject and technological innovations. The main aspects of an optimized approach to distant education are represented through infographics
Keywords: This article presents the research on online teaching options of computer design, which is one of the common specialized subjects in design education. The need for that arose by the necessity to obtain a university degree in the view of the lockdown restrictions. The author’s suggestions include particular solutions stipulated by this situation concerning the encouragement of students’ current engagements, monitoring the knowledge they have already gained, grading final assignments, establishing an efficient teacher-student interaction and so on. Based on the professional teaching experience of domestic and foreign colleagues, the researcher draws conclusions concerning the effectiveness of teaching methods and approaches currently implemented in design education (primarily, the disciplines which involve computer technologies for designing purposes). She also outlines their significance in the context of distant learning. The article is focused on such crucial aspects of the pedagogical process like the relevance of current reforms in the Ukrainian system of education (both planned and urged) and the prospects they present. In particular, different contemporary approaches to the designers’ training are compared, the ways to optimize distant education in computer design are studied and, following that, the features of effective distant learning are outlined. It has been proved that the optimization of the existing system of design education in current conditions is still in the development process, which means that many exciting transformations lie ahead. These transformations will lead to annihilation of the conventional educational and pedagogical stereotypes and result in a different quality level of educational process, including teaching of computer disciplines. Based on the results of the research (along with personal pedagogical experience) a model of distant teaching of computer design, efficient from the author’s point of view, was proposed. This model takes into account the specific nature of the subject and technological innovations. The main aspects of an optimized approach to distant education are represented through infographics

COSMOPOLITAN PROCESSES IN THE THEATER OF CLASSICAL BALLET

Oleksandr Plakhotnyuk

Candidate of Art History, Associate Professor, Associate Professor at the Department of Directing and Choreography
Ivan Franko National University of Lviv (Lviv, Ukraine)

ORCID ID: 0000-0003-4130-8653

Anotation. It examines the cosmopolitan features of the dance culture of the 21’st century, the tendencies of its development from the formation of a professional dance academy in Paris to the present day. The analysis of the main signs of the globalization of choreographic art is carried out on the basis of the example of the classical ballet theater. Also defined are the generalizing and distinguishing features of these, the signs of these in the global cultural processes of our time, which have an impact on the art of dancing; and considered the possibility of full integration of Ukrainian choreographers into the European cultural environment through certain events and through the awareness of the role of these events in the formation of world culturally skilful trends. The ideas about the functionality of choreographic art have been expanded regarding the formation of the perception of dance culture in modern art history. In addition, the main cosmopolitan factors of classical ballet theater, which were manifested in the late 20’th and early 21’st centuries, are indicated. In the process of this research, the methods of objectivity, historicism, comparative and cultural analysis of the choreographic processes of our time were applied. The conclusions are the cosmopolitan sign of dance culture in the modern art space, which is confirmed by the following categories: a new rethinking of archaistic views on the preservation of the classical heritage of dance, the formation of a new perception of the dance experience of any country in the modern art space. These cosmopolitan processes of perception of classical ballet are separated in the multi-ethnicity of the powerful ballet communities of the world, in the mutual integration of dancers from various traditional schools, in the obviousness of general trends to preserve ethnic traditions, and at the same time in external influences that are reflected in the repertoires of these collectives. The repertoire policy of ballet corpse and national theaters is aimed at synthesizing the classical legacy of the art of ballet, ballets with popular participants, and works by local (national) choreographers-ballet masters. Thanks to modern technologies (such as video and television recording, the Internet), viewers, as well as dancers with directors, have the opportunity to quickly and easily access the most interesting examples of choreographic art around the world.
Keywords: It examines the cosmopolitan features of the dance culture of the 21’st century, the tendencies of its development from the formation of a professional dance academy in Paris to the present day. The analysis of the main signs of the globalization of choreographic art is carried out on the basis of the example of the classical ballet theater. Also defined are the generalizing and distinguishing features of these, the signs of these in the global cultural processes of our time, which have an impact on the art of dancing; and considered the possibility of full integration of Ukrainian choreographers into the European cultural environment through certain events and through the awareness of the role of these events in the formation of world culturally skilful trends. The ideas about the functionality of choreographic art have been expanded regarding the formation of the perception of dance culture in modern art history. In addition, the main cosmopolitan factors of classical ballet theater, which were manifested in the late 20’th and early 21’st centuries, are indicated. In the process of this research, the methods of objectivity, historicism, comparative and cultural analysis of the choreographic processes of our time were applied. The conclusions are the cosmopolitan sign of dance culture in the modern art space, which is confirmed by the following categories: a new rethinking of archaistic views on the preservation of the classical heritage of dance, the formation of a new perception of the dance experience of any country in the modern art space. These cosmopolitan processes of perception of classical ballet are separated in the multi-ethnicity of the powerful ballet communities of the world, in the mutual integration of dancers from various traditional schools, in the obviousness of general trends to preserve ethnic traditions, and at the same time in external influences that are reflected in the repertoires of these collectives. The repertoire policy of ballet corpse and national theaters is aimed at synthesizing the classical legacy of the art of ballet, ballets with popular participants, and works by local (national) choreographers-ballet masters. Thanks to modern technologies (such as video and television recording, the Internet), viewers, as well as dancers with directors, have the opportunity to quickly and easily access the most interesting examples of choreographic art around the world.

ECONOMIC ESSENCE AND INSTITUTIONAL PRINCIPLES OF DEVELOPMENT OF THE MEAT MARKET: THEORETICAL ASPECT

Liudmyla Mamchur

Junior Research Fellow at the Department of Economics of Agricultural Production and International Integration
National Scientific Center “Institute of agrarian economics” (Kyiv, Ukraine)

ORCID ID: 0000-0002-5111-5081

Anotation. The purpose of the article is to study and substantiate the theoretical foundations of the development of the meat and meat products market and ways to solve them, taking into account industry and territorial characteristics. Methodology. The research was based on general theoretical methods of cognition: inductive and deductive, historical, systemic, structural and comparative analysis, modeling, and abstract logical. Results. The study found that the market for meat and meat products should be considered as a complex institutional system (structure), where a set of objective laws, subjects, various goods and services operates, which is produced in different industries and spheres of activity, economically connected in a single market space and how the system of interaction of market economic agents, which are formed on the basis of supply and demand, and is considered as one of the segments of the integral food market. An assessment of the functioning of the domestic market for meat and meat products as a large segment of the agri-food market leads to the conclusion that not a single sign of a developed market as a complex production and economic system can be fully traced there. Originality/scientific novelty. As an element of scientific novelty, we note the importance in the formation of the agri-food market, the market for meat and meat products, as one of the most important institutional segments of the agri-food market and the agrarian market in general, is a special institutional and economic sphere of manifestation of economic relations and mechanisms of market coordination between market entities (producers and consumers) in the issue of reconciling their economic interests. It has been established that the functioning and development of the meat and meat products market is directly related to the efficiency of meat production, its competitiveness, and the growth of incomes of the population. That is, those institutional conditions that determine the state and dynamics of the components of the market mechanism. Practical value/significance. From a practical point of view, the fundamental provision is the formation of characteristic features of a developed market for meat and meat products, which, in our opinion, will increase and contribute to the recreation of animal husbandry production.
Keywords: The purpose of the article is to study and substantiate the theoretical foundations of the development of the meat and meat products market and ways to solve them, taking into account industry and territorial characteristics. Methodology. The research was based on general theoretical methods of cognition: inductive and deductive, historical, systemic, structural and comparative analysis, modeling, and abstract logical. Results. The study found that the market for meat and meat products should be considered as a complex institutional system (structure), where a set of objective laws, subjects, various goods and services operates, which is produced in different industries and spheres of activity, economically connected in a single market space and how the system of interaction of market economic agents, which are formed on the basis of supply and demand, and is considered as one of the segments of the integral food market. An assessment of the functioning of the domestic market for meat and meat products as a large segment of the agri-food market leads to the conclusion that not a single sign of a developed market as a complex production and economic system can be fully traced there. Originality/scientific novelty. As an element of scientific novelty, we note the importance in the formation of the agri-food market, the market for meat and meat products, as one of the most important institutional segments of the agri-food market and the agrarian market in general, is a special institutional and economic sphere of manifestation of economic relations and mechanisms of market coordination between market entities (producers and consumers) in the issue of reconciling their economic interests. It has been established that the functioning and development of the meat and meat products market is directly related to the efficiency of meat production, its competitiveness, and the growth of incomes of the population. That is, those institutional conditions that determine the state and dynamics of the components of the market mechanism. Practical value/significance. From a practical point of view, the fundamental provision is the formation of characteristic features of a developed market for meat and meat products, which, in our opinion, will increase and contribute to the recreation of animal husbandry production.

FEATURES OF LEXICAL AND GRAMMATICAL STRUCTURES IN THE CHRISTMAS MESSAGES OF QUEEN ELIZABETH II

Olha Narodovska, Hanna Chava

Olha Narodovska, English Teacher at the Department of English Language for Humanities № 3 National Technical University of Ukraine “Igor Sikorsky Kyiv Polytechnic Institute” (Kyiv, Ukraine)
Hanna Chava, English Teacher Nikopol College of Dnipro State Agrarian and Economic University (Nikopol, Dnipropetrovsk region, Ukraine)

ORCID ID: 0000-0002-9869-1764, ORCID ID: 0000-0001-5083-7229

Anotation. The article is devoted to the study of the linguistic personality of Queen Elizabeth II, which is formed through the use of a number of certain lexical and grammatical units. The linguistic outline of the texts of the monarch’s Christmas messages is analyzed and the lexical features and individual-stylistic means of linguistic expression are singled out. The basic principles of structural construction of a politician’s speech and means of expression that help unify the speech and increase the impact on the audience are established. There are a number of special expressions and words that are dominant and help to form the linguistic personality of the speaker in the eyes of the recipient. The analysis suggests that the English-language political discourse is saturated with verbal means at all levels of language. Such means have a persuasive function and allow to attract and hold the attention of the audience, to facilitate the perception of what is heard. As a result, the speaker’s speech is significantly enriched by verbal means of influencing the recipients, forms their political consciousness and encourages the necessary action.
Keywords: The article is devoted to the study of the linguistic personality of Queen Elizabeth II, which is formed through the use of a number of certain lexical and grammatical units. The linguistic outline of the texts of the monarch’s Christmas messages is analyzed and the lexical features and individual-stylistic means of linguistic expression are singled out. The basic principles of structural construction of a politician’s speech and means of expression that help unify the speech and increase the impact on the audience are established. There are a number of special expressions and words that are dominant and help to form the linguistic personality of the speaker in the eyes of the recipient. The analysis suggests that the English-language political discourse is saturated with verbal means at all levels of language. Such means have a persuasive function and allow to attract and hold the attention of the audience, to facilitate the perception of what is heard. As a result, the speaker’s speech is significantly enriched by verbal means of influencing the recipients, forms their political consciousness and encourages the necessary action.

ETYMOLOGY OF THE NAMES “RUSSIA”, “ROSSIA BIANCA” AND “MOSCOVIA” IN THE DESCRIPTION OF MEDIEVAL MOSCOVII BY VENETIAN DIPLOMATS AND THEIR INTERPRETATION BY RUSSIAN HISTORIANS

Tatiana Nikolaiuk

Candidate of Historical Sciences, Associate Professor, Head of the Department of Culture and Social and Humanitarian Disciplines
National Academy of Fine Arts and Architecture (Kyiv, Ukraine)

ORCID ID: 0000-0001-5133-4033

Anotation. The etymology of the geographical terms “Russia”, “Rossia Bianca”, “Moscovia”, using by Venetian diplomats I. Barbaro and A. Contarini in the descriptions of medieval Moscovii, as well as their designation of the title of the Moscow prince, investigated. The texts of translations of these descriptions into Russian was analyzed, and the groundlessness of the use by the imperial translator V. Semenov and the Soviet researcher E. Skrzhinskaya of the term “Russia” to designate the medieval Moscow possessions of the Rurikovich was proved.
Keywords: The etymology of the geographical terms “Russia”, “Rossia Bianca”, “Moscovia”, using by Venetian diplomats I. Barbaro and A. Contarini in the descriptions of medieval Moscovii, as well as their designation of the title of the Moscow prince, investigated. The texts of translations of these descriptions into Russian was analyzed, and the groundlessness of the use by the imperial translator V. Semenov and the Soviet researcher E. Skrzhinskaya of the term “Russia” to designate the medieval Moscow possessions of the Rurikovich was proved.

THE ACTIVITIES OF THE SUBJECT COMMISSIONS OF THE HUMANITARIAN DIRECTION IN THE MARITIME EDUCATIONAL INSTITUTIONS OF UKRAINE IN THE 60S OF THE TWENTIETH CENTURY

Olena Ovchynnikova

Postgraduate Student, Instructor at the Department of English Language for Deck Officers
Kherson State Maritime Academy (Kherson, Ukraine)

ORCID ID: 0000-0002-7184-6535

Anotation. The article deals with the activities of the subject commissions of the humanitarian direction in the maritime educational institutions of Ukraine in the 60s of the twentieth century. Issues such as maritime transport in the 60s of the twentieth century, the legislative base of education of that period, the work of subject commissions of the humanitarian direction in the maritime educational institutions of Ukraine in the 60s of the twentieth century were considered. Such methods as analysis, synthesis, induction, deduction, generalization were used. As a result, the following conclusions were made: the activities of subject commissions, their work was in compliance with the law “On strengthening the connection between school and life and on the further development of the public education system in the USSR” according to which requirements were imposed on the level of technical, ideological, political and pedagogical training of students. That is, their task was not only to train qualified specialists with vocational secondary education, but also students brought up in the spirit of Marxism-Leninism, Soviet patriotism, friendship of peoples and proletarian internationalism, who have the skills to organize mass political and educational work. The prospects for further research are the study of the work of subject commissions in maritime educational institutions in subsequent historical periods and their comparison.
Keywords: The article deals with the activities of the subject commissions of the humanitarian direction in the maritime educational institutions of Ukraine in the 60s of the twentieth century. Issues such as maritime transport in the 60s of the twentieth century, the legislative base of education of that period, the work of subject commissions of the humanitarian direction in the maritime educational institutions of Ukraine in the 60s of the twentieth century were considered. Such methods as analysis, synthesis, induction, deduction, generalization were used. As a result, the following conclusions were made: the activities of subject commissions, their work was in compliance with the law “On strengthening the connection between school and life and on the further development of the public education system in the USSR” according to which requirements were imposed on the level of technical, ideological, political and pedagogical training of students. That is, their task was not only to train qualified specialists with vocational secondary education, but also students brought up in the spirit of Marxism-Leninism, Soviet patriotism, friendship of peoples and proletarian internationalism, who have the skills to organize mass political and educational work. The prospects for further research are the study of the work of subject commissions in maritime educational institutions in subsequent historical periods and their comparison.

INTERNATIONAL EXPERIENCE OF STRATEGIC PLANNING OF INVESTMENT ACTIVITIES OF AGRICULTURAL SECTORS

Leonid Piata

Postgraduate Student at the Department of Management Organization, Public Administration and Administration
National Scientific Center “Institute of Agrarian Economics” (Kyiv, Ukraine)

ORCID ID: 0000-0003-3457-5163

Anotation. The essence of strategic planning is highlighted and the position of the investment strategy in the hierarchy of strategies of the business entity is shown. The author examines the international experience of strategic planning, in particular the features of the application of strategic investment planning tools such as the Porter model of the five forces and the BCG matrix. The practical experience of strategic investment planning has been practically studied by business entities on the example of the Kernel Group.
Keywords: The essence of strategic planning is highlighted and the position of the investment strategy in the hierarchy of strategies of the business entity is shown. The author examines the international experience of strategic planning, in particular the features of the application of strategic investment planning tools such as the Porter model of the five forces and the BCG matrix. The practical experience of strategic investment planning has been practically studied by business entities on the example of the Kernel Group.

RESOURCE POTENTIAL OF LOCAL MEDIA IN THE CONTEXT OF CIVIL SOCIETY DEVELOPMENT IN UKRAINE

Andriy Rusynyak

Postgraduate Student at the Department of Political Institutions and Processes
Vasyl Stefanyk Precarpathian National University (Ivano-Frankivsk, Ukraine)

ORCID ID: 0000-0003-0030-7558

Anotation. The study touches upon the issue of the analysis of opportunities and resources of regional mass media in terms of development of civil society in modern Ukraine. In this context the evaluation criteria are proposed to be the performance of non-political functions by the mass media: social consolidation and dialogue, storage and archiving event, socialization of citizens, their integration into relevant local processes and so on. It is emphasized that the interactivity of the mass media is a guarantee of the implementation of the mentioned above functions and the formation of public opinion within the agglomeration. The author explores the influence of decentralization reform on the involvement of regional mass media into the formation of civil society, and also the favorable conditions for the development of community broadcasting. The leading purpose of regional media is the function of preserving historical and national memory as an important factor in the formation of common values, experience, history. The educational-humanitarian and socio-cultural functions of local mass media which influence the value superstructure of civil society are of current importance.
Keywords: The study touches upon the issue of the analysis of opportunities and resources of regional mass media in terms of development of civil society in modern Ukraine. In this context the evaluation criteria are proposed to be the performance of non-political functions by the mass media: social consolidation and dialogue, storage and archiving event, socialization of citizens, their integration into relevant local processes and so on. It is emphasized that the interactivity of the mass media is a guarantee of the implementation of the mentioned above functions and the formation of public opinion within the agglomeration. The author explores the influence of decentralization reform on the involvement of regional mass media into the formation of civil society, and also the favorable conditions for the development of community broadcasting. The leading purpose of regional media is the function of preserving historical and national memory as an important factor in the formation of common values, experience, history. The educational-humanitarian and socio-cultural functions of local mass media which influence the value superstructure of civil society are of current importance.

PSYCHOLOGICAL REGULATION OF THE DYNAMICS OF CREATIVITY OF THE FUTURE PRIMARY SCHOOL TEACHER

Mykola Savrasov, Kostiantyn Kyselov

Mykola Savrasov, Candidate of Philology Science, Associate Professor, Doctoral Student at the Psychology Department H. S. Skovoroda Kharkiv National Pedagogical University (Kharkiv, Ukraine)
Kostiantyn Kyselov, Postgraduate Student at the Psychology Department Donbass State Pedagogical University (Slovyansk, Donetsk region, Ukraine)

ORCID ID: 0000-0003-1434-902X, ORCID ID: 0000-0003-1684-9634

Anotation. The final stage of professional training of the future primary school teacher is a very positive period of time for the development of figurative creativity of the subject, when it begins to manifest itself and realize its potential for figurative creativity, and it happens systematically and coherently. At this stage of professionalization may be psychological factors to avoid image stereotyping, finding their own way of creative realization, constantly improving the qualitative and quantitative level of originality of their own creative image product, the desire to complete and interpret their creative product and more. It is established that during the whole process of growing up and gaining experience in educational and professional activities by future primary school teachers, the main specific characteristics of the creative figurative act for the representatives of this training is the speed of emergence and development of creative ideas, the degree of its deviation from existing prototypes. return to them or their modification and efforts to complete and properly design their creative product.
Keywords: The final stage of professional training of the future primary school teacher is a very positive period of time for the development of figurative creativity of the subject, when it begins to manifest itself and realize its potential for figurative creativity, and it happens systematically and coherently. At this stage of professionalization may be psychological factors to avoid image stereotyping, finding their own way of creative realization, constantly improving the qualitative and quantitative level of originality of their own creative image product, the desire to complete and interpret their creative product and more. It is established that during the whole process of growing up and gaining experience in educational and professional activities by future primary school teachers, the main specific characteristics of the creative figurative act for the representatives of this training is the speed of emergence and development of creative ideas, the degree of its deviation from existing prototypes. return to them or their modification and efforts to complete and properly design their creative product.

RECEPTION OF ETHNOCULTURAL ARCHETYPIC SYMBOLS IN INFORMATION GENRES OF JOURNALISM

Halyna Mykytiv

Senior Lecturer at the Department of Publishing and Editing
Zaporizhia National University (Zaporizhia, Ukraine)

ORCID ID: 0000-0001-6195-2994

Anotation. The article considers ethnocultural archetypic symbols as a means of forming information and media space; the analysis of verbal symbolic images in the structure of information genres is carried out; there are characterized archetypic symbols, which are kept in consciousness and subconscious of every person who is a representative of particular ethnoculture; the role of ethnocultural archetypic symbols in information media texts covering military events in the East of Ukraine is highlighted. The presented material is a part of a comprehensive study of the figurative paradigm of archetypic symbolism in media discourse. It is proved that the semantics of archetypic symbols in the information genres of journalism is based on folklore symbolic images formed in Ukrainian language picture of the world. According to the author, certain archetypic symbols as the basis of the ethnocultural model of the information consumer affect the interpretation of this knowledge as an integral part of cultural, social and political phenomena of modern society.
Keywords: The article considers ethnocultural archetypic symbols as a means of forming information and media space; the analysis of verbal symbolic images in the structure of information genres is carried out; there are characterized archetypic symbols, which are kept in consciousness and subconscious of every person who is a representative of particular ethnoculture; the role of ethnocultural archetypic symbols in information media texts covering military events in the East of Ukraine is highlighted. The presented material is a part of a comprehensive study of the figurative paradigm of archetypic symbolism in media discourse. It is proved that the semantics of archetypic symbols in the information genres of journalism is based on folklore symbolic images formed in Ukrainian language picture of the world. According to the author, certain archetypic symbols as the basis of the ethnocultural model of the information consumer affect the interpretation of this knowledge as an integral part of cultural, social and political phenomena of modern society.

SUBJECTS AND OBJECTS OF THE STATE MANAGEMENT OF MIGRATION PROCESSES IN THE FIELD OF COMBATING ILLEGAL MIGRATION

Ruslana Martianova

Postgraduate Student at the Department of Personnel Management and Business Economics Donetsk State University of Management (Mariupol, Donetsk region, Ukraine), Head of the Department for the Organization of Prevention of Illegal Migration, Readmission and Expulsion
Management of the State Migration Service in the Khmelnytsky region (Khmelnytsky, Ukraine)

ORCID ID: 0000-0002-6856-1109

Anotation. The article examines the system of state management of migration processes in the field of combating illegal migration in Ukraine. Subjects and objects in the field of combating illegal migration have been identified. The close relationship between the subjects and objects of state management is proved. The organizational and functional system that ensures the realization of national interests in the field of combating illegal migration is substantiated. It is proposed to consider public administration in the field of combating illegal migration through the prism of subjects, and taking into account the subjects of illegal migration who participate in migration processes. Among the possible migration processes there are the migrants who negatively affect the security of the state, pose a threat to the national interests of the state and enrich the phenomenon of illegal migration. The qualification of migrants who are subjects of migration processes in the field of offered. The definition is defined as: “criminal migrant”, “migrant without the right to travel abroad”.
Keywords: The article examines the system of state management of migration processes in the field of combating illegal migration in Ukraine. Subjects and objects in the field of combating illegal migration have been identified. The close relationship between the subjects and objects of state management is proved. The organizational and functional system that ensures the realization of national interests in the field of combating illegal migration is substantiated. It is proposed to consider public administration in the field of combating illegal migration through the prism of subjects, and taking into account the subjects of illegal migration who participate in migration processes. Among the possible migration processes there are the migrants who negatively affect the security of the state, pose a threat to the national interests of the state and enrich the phenomenon of illegal migration. The qualification of migrants who are subjects of migration processes in the field of offered. The definition is defined as: “criminal migrant”, “migrant without the right to travel abroad”.

CONTROL AS A FORM OF STATE REGULATION OF LAND PROTECTION AND USE

Oleksandr Nechyporenko, Alina Matviienko

Oleksandr Nechyporenko, Doctor of Economic Sciences, Associate Professor, Deputy Director on Scientific Work National Scientific Centre “Institute of Agrarian Economics” (Kyiv, Ukraine)
Alina Matviienko, Research Fellow at the Department of Land Relations and Environmental Management National Scientific Centre “Institute of Agrarian Economics” (Kyiv, Ukraine)

ORCID ID: 0000-0002-1080-5633, ORCID ID: 0000-0003-2872-4249

Anotation. Rational use and protection of land resources require proper state regulation, and the determining tool is comprehensive and systematic control over compliance with relevant legal requirements. The article reveals the current state of supervision (control) over the use and protection of land in Ukraine, considers the functional responsibilities of the authorized authorities for its quality implementation. The basic principles of land protection in the countries of the European Union are analyzed. The main shortcomings of the system of state supervision and imperfection of the legislative regulation of selfgovernment and public control in Ukraine are identified. To further improve the state regulation of land protection and rational use, the basic directions of improving the organization and conduct of state, self-government and public supervision (control) over compliance with land legislation, which provide for the restoration of the State Inspectorate for Land Use and Protection, expanding the powers of bodies local self-government and the creation of a public organization. The following methods of scientific cognition are used in the work: comparative-historical, monographic, abstractlogical, graphic and system generalization.
Keywords: Rational use and protection of land resources require proper state regulation, and the determining tool is comprehensive and systematic control over compliance with relevant legal requirements. The article reveals the current state of supervision (control) over the use and protection of land in Ukraine, considers the functional responsibilities of the authorized authorities for its quality implementation. The basic principles of land protection in the countries of the European Union are analyzed. The main shortcomings of the system of state supervision and imperfection of the legislative regulation of selfgovernment and public control in Ukraine are identified. To further improve the state regulation of land protection and rational use, the basic directions of improving the organization and conduct of state, self-government and public supervision (control) over compliance with land legislation, which provide for the restoration of the State Inspectorate for Land Use and Protection, expanding the powers of bodies local self-government and the creation of a public organization. The following methods of scientific cognition are used in the work: comparative-historical, monographic, abstractlogical, graphic and system generalization.

CRIMINALISTIC ANALYSIS OF WAYS OF COMMITTING MASS DISORDERS

Anton Lysniak

Postgraduate Student at the Department of Criminalistics and Premedical Training
Dnipropetrovsk State University Internal Affairs (Dnipro, Ukraine)

ORCID ID: 0000-0001-6128-7103

Anotation. The scientific article is devoted to some aspects of the investigation of riots. The method of their commission as an element of forensic characteristics is considered, its features are investigated for a faster investigation of the investigated category of criminal offenses. It is determined that the method of committing mass riots is a central element in the forensic characteristics of the investigated acts. Taking into account the peculiarities of this component, there will be a corresponding trace picture. In addition, the identification of signs of the identity of the offender and the personality of the victim is possible through the study of specific methods of committing mass riots. The position of scientists is supported that the method of committing a crime is a method of preparing, committing and hiding the traces of a crime, characterizing forensically significant information about the perpetrator and the means used by him, the possibility of their use in the disclosure and investigation of criminal offenses. Based on the generalization of the materials of criminal proceedings, it was found that when the investigated category of unlawful acts is committed, there is a full-fledged corpus deictic, because in most cases (91%) there are elements of preparation and concealment. In particular, preparations for mass riots took place in 92% of the total number of cases. The study of the judicial and investigative practice made it possible to conclude that among the methods of direct commission of mass riots there are the following: 1) active participation in mass riots (84%); 2) disturbance of the peace of various persons in public places (79%); 3) resistance to government officials using weapons and other items used as weapons (21%); 4) infliction of bodily harm on persons in a place of mass riots (employees of institutions, spectators, fans, athletes) (7%); 5) destruction or destruction of premises (housing, institutions, enterprises, shops, restaurants, kiosks and other objects of any form of ownership) (32%). Measures for preparing and covering up mass riots have been determined.
Keywords: The scientific article is devoted to some aspects of the investigation of riots. The method of their commission as an element of forensic characteristics is considered, its features are investigated for a faster investigation of the investigated category of criminal offenses. It is determined that the method of committing mass riots is a central element in the forensic characteristics of the investigated acts. Taking into account the peculiarities of this component, there will be a corresponding trace picture. In addition, the identification of signs of the identity of the offender and the personality of the victim is possible through the study of specific methods of committing mass riots. The position of scientists is supported that the method of committing a crime is a method of preparing, committing and hiding the traces of a crime, characterizing forensically significant information about the perpetrator and the means used by him, the possibility of their use in the disclosure and investigation of criminal offenses. Based on the generalization of the materials of criminal proceedings, it was found that when the investigated category of unlawful acts is committed, there is a full-fledged corpus deictic, because in most cases (91%) there are elements of preparation and concealment. In particular, preparations for mass riots took place in 92% of the total number of cases. The study of the judicial and investigative practice made it possible to conclude that among the methods of direct commission of mass riots there are the following: 1) active participation in mass riots (84%); 2) disturbance of the peace of various persons in public places (79%); 3) resistance to government officials using weapons and other items used as weapons (21%); 4) infliction of bodily harm on persons in a place of mass riots (employees of institutions, spectators, fans, athletes) (7%); 5) destruction or destruction of premises (housing, institutions, enterprises, shops, restaurants, kiosks and other objects of any form of ownership) (32%). Measures for preparing and covering up mass riots have been determined.

STRATEGY AND TACTICS OF THE LAWYER'S ACTIVITY IN THE SUMMARY PROCEEDINGS

Kateryna Lubiana

Postgraduate Student at the Department of Notary and Enforcement Process and Advocacy
Taras Shevchenko National University of Kyiv (Kyiv, Ukraine)

ORCID ID: 0000-0002-2704-7365

Anotation. Achieving substantive and qualitative improvement of the provision of legal aid, rendering it by the lawyer as the content of the latter's activity in civil litigation involves the identification of effective approaches and means of its organization and implementation. The legal categories that integrate such approaches and means of the lawyer in the summary proceedings are the strategy and tactics of the lawyer's activities aimed at attaining the goals of the lawyer in the summary proceedings. In this study, we find that a system of methods and methods aimed at achieving the immediate goals of summary litigation constitutes legal tactics, and a system of methods and methods aimed at achieving the main, fundamental goals of lawsuit – a legal strategy. It has been determined that, with the help of a legal strategy, the lawyer in the simplified lawsuit proceedings, beginning with the prediction of a certain ideal result, in the process of activity tries to achieve the intended actual result. And it is the correlation of the intended and the actual result that determines whether the lawyer achieved the goal, how effective his actions were, how successful the methods and means were used. Therefore, on the basis of the conducted research, it is concluded that the use of knowledge of strategy and tactics by lawyers in the course of simplified lawsuit proceedings is one of the most widespread uses of the achievements of the civil procedural law and the science of advocacy in the legal practice of lawyers.
Keywords: Achieving substantive and qualitative improvement of the provision of legal aid, rendering it by the lawyer as the content of the latter's activity in civil litigation involves the identification of effective approaches and means of its organization and implementation. The legal categories that integrate such approaches and means of the lawyer in the summary proceedings are the strategy and tactics of the lawyer's activities aimed at attaining the goals of the lawyer in the summary proceedings. In this study, we find that a system of methods and methods aimed at achieving the immediate goals of summary litigation constitutes legal tactics, and a system of methods and methods aimed at achieving the main, fundamental goals of lawsuit – a legal strategy. It has been determined that, with the help of a legal strategy, the lawyer in the simplified lawsuit proceedings, beginning with the prediction of a certain ideal result, in the process of activity tries to achieve the intended actual result. And it is the correlation of the intended and the actual result that determines whether the lawyer achieved the goal, how effective his actions were, how successful the methods and means were used. Therefore, on the basis of the conducted research, it is concluded that the use of knowledge of strategy and tactics by lawyers in the course of simplified lawsuit proceedings is one of the most widespread uses of the achievements of the civil procedural law and the science of advocacy in the legal practice of lawyers.

THEORETICAL AND LEGAL CHARACTERISTICS OF ADMINISTRATIVE AND LEGAL SUPPORT OF ELECTRONIC GOVERNANCE IN UKRAINE

Dmytro Lunin

Applicant
Open International University of Human Development “Ukraine” (Kyiv, Ukraine)

ORCID ID: 0000-0002-0505-8522

Anotation. The relevance of the article is that the development of the Ukrainian state, especially in conditions of political, economic and military instability, requires the use of optimal forms of government that would meet the needs of advanced development of society, and on the other - could be realized in modern realities. In view of this, special attention needs to be paid to such a form of public administration as e-government, the introduction of which began several years ago and which is now gaining increasing public support. The article analyzes the theoretical and conceptual apparatus of administrative and legal support of e-government and the prospects for wider implementation of this system in Ukraine. Author's interpretations of concepts in accordance with the topic of our research are generalized and a new definition of electronic settlement is introduced. It is concluded that our Ukraine has set a course for the development of the information society, is working for the future, which will be recognized by citizens and partner countries in full. Involving specialists in the field of e-government to meet the needs of public authorities, government agencies, enterprises and organizations will help improve the system of administrative and legal support of e-government.
Keywords: The relevance of the article is that the development of the Ukrainian state, especially in conditions of political, economic and military instability, requires the use of optimal forms of government that would meet the needs of advanced development of society, and on the other - could be realized in modern realities. In view of this, special attention needs to be paid to such a form of public administration as e-government, the introduction of which began several years ago and which is now gaining increasing public support. The article analyzes the theoretical and conceptual apparatus of administrative and legal support of e-government and the prospects for wider implementation of this system in Ukraine. Author's interpretations of concepts in accordance with the topic of our research are generalized and a new definition of electronic settlement is introduced. It is concluded that our Ukraine has set a course for the development of the information society, is working for the future, which will be recognized by citizens and partner countries in full. Involving specialists in the field of e-government to meet the needs of public authorities, government agencies, enterprises and organizations will help improve the system of administrative and legal support of e-government.

EXPERIENCE OF ADMINISTRATIVE AND LEGAL SUPPORT OF THE ORGANIZATION AND ACTIVITY OF THE REGIONAL PROSECUTOR'S OFFICE IN PEOPLE'S REPUBLIC OF CHINA

Roman Mazurik

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

ORCID ID: 0000-0001-9197-4844

Anotation. The scientific publication is devoted to the experience of administrative and legal support of the organization and activities of regional prosecutor's offices in China. The research methodology is based on an organic combination of philosophical, general scientific and special legal research methods. Among the latter, the methods of comparative jurisprudence, legal dogma and methods of legal modeling are used to a greater extent. The positive experience of the organization of the prosecutor's office in the People's Republic of China, which has deep historical roots and formed over a long period of time a stable system of prosecutorial activity based on national traditions and a high level of patriotism. It is noted that the experience of administrative and legal support of the organization and activities of regional prosecutors' offices in foreign countries is important for Ukraine, as the positive experience of organizing the activities of prosecutors in other countries can be borrowed for implementation in national legal practice. In particular, it is advisable to borrow the Chinese experience of organizing and operating regional prosecutor's offices, taking into account the administrative-territorial division of China and national legal traditions and customs, the level of legal awareness and legal culture of citizens. For Ukrainian public administration bodies in the context of administrative-territorial reform of decentralization, the experience of creating such an extensive system of prosecutorial bodies is important, which coincides with the system of judicial bodies and is available to citizens of the respective territorial community. The institute of the assistant prosecutor in the People's Republic of China deserves attention, which, taking into account the positive experience, should be returned to the national legal practice by amending the current Law of Ukraine “On the Prosecutor's Office”. Assistant prosecutors perform a significant number of terms of reference, which allows the prosecutor to focus on resolving legal issues and carrying out their direct functions. The conclusion about the need to bring the administrative and legal framework of the organization and activities of the prosecutor's office of Ukraine as a whole and at the regional level in line with international standards, taking into account the best positive experience of foreign countries are formulated.
Keywords: The scientific publication is devoted to the experience of administrative and legal support of the organization and activities of regional prosecutor's offices in China. The research methodology is based on an organic combination of philosophical, general scientific and special legal research methods. Among the latter, the methods of comparative jurisprudence, legal dogma and methods of legal modeling are used to a greater extent. The positive experience of the organization of the prosecutor's office in the People's Republic of China, which has deep historical roots and formed over a long period of time a stable system of prosecutorial activity based on national traditions and a high level of patriotism. It is noted that the experience of administrative and legal support of the organization and activities of regional prosecutors' offices in foreign countries is important for Ukraine, as the positive experience of organizing the activities of prosecutors in other countries can be borrowed for implementation in national legal practice. In particular, it is advisable to borrow the Chinese experience of organizing and operating regional prosecutor's offices, taking into account the administrative-territorial division of China and national legal traditions and customs, the level of legal awareness and legal culture of citizens. For Ukrainian public administration bodies in the context of administrative-territorial reform of decentralization, the experience of creating such an extensive system of prosecutorial bodies is important, which coincides with the system of judicial bodies and is available to citizens of the respective territorial community. The institute of the assistant prosecutor in the People's Republic of China deserves attention, which, taking into account the positive experience, should be returned to the national legal practice by amending the current Law of Ukraine “On the Prosecutor's Office”. Assistant prosecutors perform a significant number of terms of reference, which allows the prosecutor to focus on resolving legal issues and carrying out their direct functions. The conclusion about the need to bring the administrative and legal framework of the organization and activities of the prosecutor's office of Ukraine as a whole and at the regional level in line with international standards, taking into account the best positive experience of foreign countries are formulated.

ON THE ISSUE OF JUSTICE BY THE HIGH ANTI-CORRUPTION COURT OF UKRAINE DURING THE COVID-19 PANDEMIC

Dmytro Maletov

Ph. D. Student, Specialist at the Department of Administrative, Commercial Law and Financial and Economic Security Academic and Research Institute of Law
Sumy State University (Sumy, Ukraine)

ORCID ID: 0000-0002-1241-1005

Anotation. The article is devoted to a comprehensive study of the provision of anti-corruption justice by the High Anti-Corruption Court of Ukraine in a pandemic caused by SARS-CoV-2. The author analyzes the functioning of the High Anti-Corruption Court of Ukraine, as well as the measures that were introduced by the court and aimed at overcoming this crisis. The article examines the administrative principles of the court during the epidemic. The researcher analyzed the measures taken to ensure the work of the court. It has been identified that the continuity of anti-corruption justice is important for the effective fight against corruption during pandemics or other emergencies. It is especially important to adhere to the principles of justice, such as the availability of the court, publicity, timeliness of the trial, and a special principle regarding the consideration of criminal offenses related to corruption – the inevitability of punishment. The statistics on the sessions of the High Anti-Corruption Court during the pandemic were postponed. Possible ways to improve justice in the future by increasing the digitalization of the pre-trial and trial process were also analyzed. During the research, it was concluded that the work of the High Anti-Corruption Court of Ukraine during the pandemic was ensured at the appropriate level, with adequate protection of fundamental human rights and freedoms.
Keywords: The article is devoted to a comprehensive study of the provision of anti-corruption justice by the High Anti-Corruption Court of Ukraine in a pandemic caused by SARS-CoV-2. The author analyzes the functioning of the High Anti-Corruption Court of Ukraine, as well as the measures that were introduced by the court and aimed at overcoming this crisis. The article examines the administrative principles of the court during the epidemic. The researcher analyzed the measures taken to ensure the work of the court. It has been identified that the continuity of anti-corruption justice is important for the effective fight against corruption during pandemics or other emergencies. It is especially important to adhere to the principles of justice, such as the availability of the court, publicity, timeliness of the trial, and a special principle regarding the consideration of criminal offenses related to corruption – the inevitability of punishment. The statistics on the sessions of the High Anti-Corruption Court during the pandemic were postponed. Possible ways to improve justice in the future by increasing the digitalization of the pre-trial and trial process were also analyzed. During the research, it was concluded that the work of the High Anti-Corruption Court of Ukraine during the pandemic was ensured at the appropriate level, with adequate protection of fundamental human rights and freedoms.

INNOVATIVE DEVELOPMENTS AS OBJECTS OF INTELLECTUAL PROPERTY IN THE CONTEXT OF LEGAL PROTECTION

Marta Malets

Postgraduate Student
Lviv Polytechnic National University (Lviv, Ukraine)

ORCID ID: 0000-0002-6598-6312

Anotation. The article is devoted to a comprehensive study of innovative developments as an object of intellectual property law in the context of legal protection and legal protection. The content of the main normative documents on the implementation of innovative activities is analyzed. The course chosen by the state for integration into the European Union requires the introduction of new effective methods of protection of intellectual property rights, convergence and integration of the Ukrainian economic system into the economic systems of the European Union. This process requires the introduction of a model of innovative development of the state, the smooth exchange of new technologies, the transfer of new discoveries, trade secrets, the commercialization of intellectual property in general. The definition of intellectual developments in industry at different stages of the innovation process is presented. The legal bases of regulation of the invention, industrial model, and industrial design are defined; trademark, service mark, trade secret, innovation proposal as objects of intellectual property. Some aspects of patent law are considered. The legal regimes of intellectual property objects, which are protected by exclusive law, are considered. The lack of sufficient legal regulation of industrial intellectual property has a negative impact on the dynamics of economic development, and especially on foreign investment, as investors from developed countries will not invest and disclose trade secrets unless they receive legally sound guarantees of confidentiality.
Keywords: The article is devoted to a comprehensive study of innovative developments as an object of intellectual property law in the context of legal protection and legal protection. The content of the main normative documents on the implementation of innovative activities is analyzed. The course chosen by the state for integration into the European Union requires the introduction of new effective methods of protection of intellectual property rights, convergence and integration of the Ukrainian economic system into the economic systems of the European Union. This process requires the introduction of a model of innovative development of the state, the smooth exchange of new technologies, the transfer of new discoveries, trade secrets, the commercialization of intellectual property in general. The definition of intellectual developments in industry at different stages of the innovation process is presented. The legal bases of regulation of the invention, industrial model, and industrial design are defined; trademark, service mark, trade secret, innovation proposal as objects of intellectual property. Some aspects of patent law are considered. The legal regimes of intellectual property objects, which are protected by exclusive law, are considered. The lack of sufficient legal regulation of industrial intellectual property has a negative impact on the dynamics of economic development, and especially on foreign investment, as investors from developed countries will not invest and disclose trade secrets unless they receive legally sound guarantees of confidentiality.

INSTITUTE OF ADMINISTRATIVE ACT: HISTORICAL AND LEGAL REVIEW OF SCIENTIFIC RESEARCH (XVIII – EARLY XX CENTURY)

Olena Milienko

Candidate of Law, Applicant at the Department of Administrative and Commercial Law
Zaporizhia National University (Zaporizhia, Ukraine)

ORCID ID: 0000-0002-3364-1774

Anotation. The purpose of this study is to conduct a retrospective study of the formation of the institution of an administrative act as a legal institution. Achieving the purpose of this article requires the use of a set of general and special methods of scientific knowledge, in particular, the dialectical method, historical and legal method, the method of comparative law, which allowed to clarify the evolution of legal thought on the nature and significance of administrative act as an administrative legal category. political and legal research of representatives of national and world jurisprudence. In the course of the research it was established that the pre-revolutionary stage of formation of the doctrine of administrative act within the Ukrainian science of administrative law is characterized by the presence of several approaches to understanding the phenomenon under study. Despite the fact that the administrative act did not exist as a legal phenomenon in the domestic pre-revolutionary science, in administrative law theory developed two main views on this phenomenon: by determining the nature of orders issued by the executive as administrative and by trying to identify specific features administrative and legal act, its formal and material aspects. Conclusion. It is concluded that despite the close connection with the then German administrative law, in the domestic sphere of research of the administrative act there is no direct borrowing of scientific thought; researchers choose their own path, proposing the author’s theoretical constructions in scientific controversy with each other.
Keywords: The purpose of this study is to conduct a retrospective study of the formation of the institution of an administrative act as a legal institution. Achieving the purpose of this article requires the use of a set of general and special methods of scientific knowledge, in particular, the dialectical method, historical and legal method, the method of comparative law, which allowed to clarify the evolution of legal thought on the nature and significance of administrative act as an administrative legal category. political and legal research of representatives of national and world jurisprudence. In the course of the research it was established that the pre-revolutionary stage of formation of the doctrine of administrative act within the Ukrainian science of administrative law is characterized by the presence of several approaches to understanding the phenomenon under study. Despite the fact that the administrative act did not exist as a legal phenomenon in the domestic pre-revolutionary science, in administrative law theory developed two main views on this phenomenon: by determining the nature of orders issued by the executive as administrative and by trying to identify specific features administrative and legal act, its formal and material aspects. Conclusion. It is concluded that despite the close connection with the then German administrative law, in the domestic sphere of research of the administrative act there is no direct borrowing of scientific thought; researchers choose their own path, proposing the author’s theoretical constructions in scientific controversy with each other.

THEORETICAL AND METHODOLOGICAL FUNDAMENTALS OF RESEARCH ATTORNEY’S PARTICIPATION IN INTERNATIONAL COOPERATION DURING CRIMINAL PROCEEDINGS

Violeta Monastyrska

Postgraduate Student at the Department of Criminal Procedure, Criminology and Expertology
Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0003-1825-0457

Anotation. The scientific article highlights the theoretical and methodological principles of the study of the participation of a lawyer in the implementation of international cooperation in criminal proceedings. A review of literature sources showed that today scientific research has been carried out in two directions: first, a number of studies related to the functioning of the bar; secondly, some works are devoted to the scientific understanding of the content of international cooperation in criminal proceedings. It is stated that there are no scientific works that would cover the issue of participation of a lawyer in the implementation of international cooperation in criminal proceedings. Scientific research was aimed at solving this complex problem. The methodology of research of the lawyer’s participation in the implementation of international cooperation in criminal proceedings should be considered as a system of scientific theoretical and practical ways to achieve the goals and objectives of the study. Methods of scientific cognition are involved in this system, the theoretical and empirical base of research is used, the set purpose and tasks of scientific work are solved. For a comprehensive analysis of the peculiarities of a lawyer’s participation in international cooperation in criminal proceedings, the use of a system of general, special and specifically scientific methods of cognition is substantiated, by means of which the conceptual apparatus is formed, It is guided by these and other theoretical and methodological provisions that we consider it necessary to conduct research to determine the principles of participation of a lawyer in the implementation of international cooperation in criminal proceedings.
Keywords: The scientific article highlights the theoretical and methodological principles of the study of the participation of a lawyer in the implementation of international cooperation in criminal proceedings. A review of literature sources showed that today scientific research has been carried out in two directions: first, a number of studies related to the functioning of the bar; secondly, some works are devoted to the scientific understanding of the content of international cooperation in criminal proceedings. It is stated that there are no scientific works that would cover the issue of participation of a lawyer in the implementation of international cooperation in criminal proceedings. Scientific research was aimed at solving this complex problem. The methodology of research of the lawyer’s participation in the implementation of international cooperation in criminal proceedings should be considered as a system of scientific theoretical and practical ways to achieve the goals and objectives of the study. Methods of scientific cognition are involved in this system, the theoretical and empirical base of research is used, the set purpose and tasks of scientific work are solved. For a comprehensive analysis of the peculiarities of a lawyer’s participation in international cooperation in criminal proceedings, the use of a system of general, special and specifically scientific methods of cognition is substantiated, by means of which the conceptual apparatus is formed, It is guided by these and other theoretical and methodological provisions that we consider it necessary to conduct research to determine the principles of participation of a lawyer in the implementation of international cooperation in criminal proceedings.

THE PECULIARITIES OF THE STATE-OWNED AGRICULTURAL LAND TRANSFER: COMPARATIVE ANALYSIS OF UKRAINE AND POLAND

Nadiia Moskaliuk

Candidate of Law, Associate Professor, Associate Professor at the Department of Criminal Law and Procedure and Law Enforcement Activities
West Ukrainian National University (Ternopil, Ukraine)

ORCID ID: 0000-0003-2972-3352

Anotation. The article concerns the peculiarities of the lease of state-owned agricultural land in Ukraine and Poland. In particular, the legal requirements and restrictions of both countries, as well as the practice of their implementation have been compared. It is important to compare these two countries, as they are the closest neighbors territorially and the Polish experience as a member of the European Union is very valuable for Ukraine. For a long time in Ukraine there was a moratorium on the sale of agricultural land, and therefore the land market is just beginning to take shape. Given the impossibility of selling agricultural land, it was not possible to talk about adequate prices for the lease of these lands, so all owners, including the state did not receive a significant amount of money. Taking into consideration that the lease of land in Ukraine has only recently begun to be carried out on a competitive basis through tenders, the experience of the Polish Agricultural Property Agency in ensuring competitive conditions is of great importance for Ukraine. The main goal of the author is to conduct a thorough comparative legal analysis of the processes of agricultural land lease in Ukraine and Poland, the statement of problems that are present in this area of relations, and outline ways to solve them. To achieve this goal it was necessary to address such issues as exploring the legal basis of land lease; identifying landlords and tenants of land and investigating their legal status; analyzing the right to lease land, the transfer of such a right, in particular inheritance and sublease; exploring the concept, form, conditions and procedure for concluding a lease agreement; studying the regulatory requirements for the change, termination and renewal of the land lease agreement. The article describes in detail the changes that have taken place in the last two years in Ukraine with the regulatory requirements for land lease and, importantly, compares these requirements with the experience of Poland in the formation of the land market. The rights of the state as the owner of agricultural land in Poland are protected in the process of land lease more than tenants. The practice of conducting tenders with specific requirements for the categories of tenants allows the state to support certain categories of people who will use the land, and thus pursue an effective land policy and implement government decisions on land issues. Despite the significant risks at the stage of entering into a lease relationship, Polish tenants of state lands are more protected in the future. Compared to Polish tenants, Ukrainian tenants face significant risks at all stages of their activities. All of the above suggests the need to study the positive experience of Poland in the lease of state-owned agricultural land and its introduction in Ukraine, but taking into account the social realities of the country, where only a civilized land market is formed.
Keywords: The article concerns the peculiarities of the lease of state-owned agricultural land in Ukraine and Poland. In particular, the legal requirements and restrictions of both countries, as well as the practice of their implementation have been compared. It is important to compare these two countries, as they are the closest neighbors territorially and the Polish experience as a member of the European Union is very valuable for Ukraine. For a long time in Ukraine there was a moratorium on the sale of agricultural land, and therefore the land market is just beginning to take shape. Given the impossibility of selling agricultural land, it was not possible to talk about adequate prices for the lease of these lands, so all owners, including the state did not receive a significant amount of money. Taking into consideration that the lease of land in Ukraine has only recently begun to be carried out on a competitive basis through tenders, the experience of the Polish Agricultural Property Agency in ensuring competitive conditions is of great importance for Ukraine. The main goal of the author is to conduct a thorough comparative legal analysis of the processes of agricultural land lease in Ukraine and Poland, the statement of problems that are present in this area of relations, and outline ways to solve them. To achieve this goal it was necessary to address such issues as exploring the legal basis of land lease; identifying landlords and tenants of land and investigating their legal status; analyzing the right to lease land, the transfer of such a right, in particular inheritance and sublease; exploring the concept, form, conditions and procedure for concluding a lease agreement; studying the regulatory requirements for the change, termination and renewal of the land lease agreement. The article describes in detail the changes that have taken place in the last two years in Ukraine with the regulatory requirements for land lease and, importantly, compares these requirements with the experience of Poland in the formation of the land market. The rights of the state as the owner of agricultural land in Poland are protected in the process of land lease more than tenants. The practice of conducting tenders with specific requirements for the categories of tenants allows the state to support certain categories of people who will use the land, and thus pursue an effective land policy and implement government decisions on land issues. Despite the significant risks at the stage of entering into a lease relationship, Polish tenants of state lands are more protected in the future. Compared to Polish tenants, Ukrainian tenants face significant risks at all stages of their activities. All of the above suggests the need to study the positive experience of Poland in the lease of state-owned agricultural land and its introduction in Ukraine, but taking into account the social realities of the country, where only a civilized land market is formed.

DIVINE, NATURAL AND HUMAN FOUNDATIONS OF LAW IN THE CONCEPT OF THOMAS AQUINAS

Ihor Musilovskyi

Applicant
King Danylo University (Ivano-Frankivsk, Ukraine)

ORCID ID: 0000-0002-3935-5322

Anotation. The article examines the theological and legal principles of the interaction of divine, natural and human law in the theory of Thomas Aquinas. It is substantiated that the purpose of borrowing the basic ideas for legal transformations of the domestic legal system are fundamental for the thinker questions of concretization of the general provisions of legal life. It is proved that the human will is the basis for changing the legal being. The legal existence of man begins not with the observance, implementation, use of legal norms, but with the contemplation and knowledge of legal attributesmeanings, with legal consciousness, in which the divine, human and natural foundations of law are correlated.
Keywords: The article examines the theological and legal principles of the interaction of divine, natural and human law in the theory of Thomas Aquinas. It is substantiated that the purpose of borrowing the basic ideas for legal transformations of the domestic legal system are fundamental for the thinker questions of concretization of the general provisions of legal life. It is proved that the human will is the basis for changing the legal being. The legal existence of man begins not with the observance, implementation, use of legal norms, but with the contemplation and knowledge of legal attributesmeanings, with legal consciousness, in which the divine, human and natural foundations of law are correlated.

ECONOMIC RIGHTS TO WORK-RELATED INTELLECTUAL PROPERTY RIGHTS OBJECTS CREATED IN HIGHER EDUCATION INSTITUTIONS OF UKRAINE

Iuliia Osypova

Scientific Researcher at the Economic and Legal Department
Scientific-Research Institute of Intellectual Property of the National Academy of Law Sciences of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0003-3413-1263

Anotation. The article investigates the procedure for the distribution of economic rights to work-related intellectual property rights objects, created in higher education institutions of Ukraine. For preparing the article, in particular, formallogical, formal-legal, comparative-legal and logical-semantic research methods have been used. In the course of research general requirements of the current legislation of Ukraine concerning possible variants of distribution of economic rights to work-related intellectual property rights objects have been defined. It has been established that there is a legal conflict between the provisions of the Civil Code of Ukraine, special laws on certain objects of intellectual property rights, the Association Agreement between Ukraine and the European Union, the European Atomic Energy Community and their Member States. Possible options for overcoming this legal conflict have been considered. Based to the results of the study, a general vision of possible options for the distribution of economic rights to work-related intellectual property rights objects, created in higher educational institutions of Ukraine, has been outlined. Proposals on the necessary amendments to the current legislation of Ukraine have been made. At the same time, higher education institutions of Ukraine are recommended not to leave the decision on the distribution of economic rights to work-related intellectual property rights’ objects to the will of the legal provisions in this area, that contain a legal conflict, and to prescribe relevant provisions in civil or employment contracts with their employees.
Keywords: The article investigates the procedure for the distribution of economic rights to work-related intellectual property rights objects, created in higher education institutions of Ukraine. For preparing the article, in particular, formallogical, formal-legal, comparative-legal and logical-semantic research methods have been used. In the course of research general requirements of the current legislation of Ukraine concerning possible variants of distribution of economic rights to work-related intellectual property rights objects have been defined. It has been established that there is a legal conflict between the provisions of the Civil Code of Ukraine, special laws on certain objects of intellectual property rights, the Association Agreement between Ukraine and the European Union, the European Atomic Energy Community and their Member States. Possible options for overcoming this legal conflict have been considered. Based to the results of the study, a general vision of possible options for the distribution of economic rights to work-related intellectual property rights objects, created in higher educational institutions of Ukraine, has been outlined. Proposals on the necessary amendments to the current legislation of Ukraine have been made. At the same time, higher education institutions of Ukraine are recommended not to leave the decision on the distribution of economic rights to work-related intellectual property rights’ objects to the will of the legal provisions in this area, that contain a legal conflict, and to prescribe relevant provisions in civil or employment contracts with their employees.

GROUNDS, LIMITS AND CRITERIA OF REASONING (DISCRETION) AND SELECTION OF THE OPTIMAL METHOD OF JUDICIAL PROTECTION

Olena Osipova

Judge Sumy District Administrative Court, Postgraduate Student at the Department of International, European Law and Civil Law Disciplines Educational and Scientific Institute of Law
Sumy State University (Sumy, Ukraine)

ORCID ID: 0000-0001-6289-5581

Anotation. The article attempts to consider the general and special features of administrative and judicial discretion when considering appeals for the provision of administrative services and disputes in court over the refusal to provide them. Particular attention is paid to the study of the limits, goals and objectives of these types of discretion, showing their relationship and influence on the choice of judicial protection. Based on the results of the work, it is concluded that the general goal for the subject of power and the court is to ensure the implementation of the legal rights and freedoms of the subjects of appeal; goals – making a fair and reasonable decision, compliance with the principles of administrative procedure and justice, the balance of interests of the individual and society. The special purpose of judicial review of a dispute over the provision of administrative services is to verify the compliance of the administrative act (decision, action, inaction) with the requirements of law and the choice of the most optimal method of judicial protection in case of violations of the rights of the subject. The limits of discretion are determined by substantive and procedural laws, the general principles of international and national law and common sense. The criteria for the legitimacy of discretion are the Constitution of Ukraine, international human rights standards, the rule of law, expediency, public morality and judicial practice.
Keywords: The article attempts to consider the general and special features of administrative and judicial discretion when considering appeals for the provision of administrative services and disputes in court over the refusal to provide them. Particular attention is paid to the study of the limits, goals and objectives of these types of discretion, showing their relationship and influence on the choice of judicial protection. Based on the results of the work, it is concluded that the general goal for the subject of power and the court is to ensure the implementation of the legal rights and freedoms of the subjects of appeal; goals – making a fair and reasonable decision, compliance with the principles of administrative procedure and justice, the balance of interests of the individual and society. The special purpose of judicial review of a dispute over the provision of administrative services is to verify the compliance of the administrative act (decision, action, inaction) with the requirements of law and the choice of the most optimal method of judicial protection in case of violations of the rights of the subject. The limits of discretion are determined by substantive and procedural laws, the general principles of international and national law and common sense. The criteria for the legitimacy of discretion are the Constitution of Ukraine, international human rights standards, the rule of law, expediency, public morality and judicial practice.

CONCEPT AND FEATURES OF DISCIPLINARY OFFENSES AS A BASIS INVOLVEMENT OF DETECTIVES OF THE NATIONAL ANTI-CORRUPTION BUREAU OF UKRAINE TO DISCIPLINARY RESPONSIBILITY

Vladyslav Panov

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

ORCID ID: 0000-0002-4376-7629

Anotation. The urgency of the article is that the protection of human rights and freedoms, law and order and law enforcement, combating corruption by government officials and their officials, is one of the main directions of government policy aimed at strengthening statehood and compliance with European standards. democratic standards. The article is devoted to the definition of the concept of disciplinary misconduct of detectives of the National Anti-Corruption Bureau of Ukraine as a basis for disciplinary liability. Based on the analysis of domestic legislation and scientific publications, the characteristics of disciplinary misconduct are characterized. The author’s interpretation of the disciplinary misconduct of detectives of the National Anti-Corruption Bureau of Ukraine has been formed. It should be understood as an illegal culpable act or inaction of the personnel of detective units, which is expressed in non-compliance and violation of official discipline, which results in disciplinary liability. It is determined that the basis for disciplinary liability is to determine the legal basis for the illegality of the action or inaction of an employee of the National Anti-Corruption Bureau of Ukraine, violation of applicable law by committing a disciplinary offense.
Keywords: The urgency of the article is that the protection of human rights and freedoms, law and order and law enforcement, combating corruption by government officials and their officials, is one of the main directions of government policy aimed at strengthening statehood and compliance with European standards. democratic standards. The article is devoted to the definition of the concept of disciplinary misconduct of detectives of the National Anti-Corruption Bureau of Ukraine as a basis for disciplinary liability. Based on the analysis of domestic legislation and scientific publications, the characteristics of disciplinary misconduct are characterized. The author’s interpretation of the disciplinary misconduct of detectives of the National Anti-Corruption Bureau of Ukraine has been formed. It should be understood as an illegal culpable act or inaction of the personnel of detective units, which is expressed in non-compliance and violation of official discipline, which results in disciplinary liability. It is determined that the basis for disciplinary liability is to determine the legal basis for the illegality of the action or inaction of an employee of the National Anti-Corruption Bureau of Ukraine, violation of applicable law by committing a disciplinary offense.

AXIOLOGICAL UNDERSTANDING OF PERSONAL NON-PROPERTY RIGHTS OF AN INDIVIDUAL

Liliia Parashchuk

Lecturer at the Department of Civil Law and Procedure
West Ukrainian National University (Ternopil, Ukraine)

ORCID ID: 0000-0003-2269-1626

Anotation. In the article, on the basis of the achievements of representatives of various branches of legal science, the substantive essence of personal non-property rights as a multidimensional legal phenomenon is revealed through the value-semantic sphere of personality. The peculiarities of the European doctrine of personal non-property rights, which is the basis of European human rights standards, are outlined; it is studied the axiological nature of personal non-property rights; an analysis of the legal values enshrined in civil law to ensure the rights, the object of which are personal intangible assets. The methodological basis of the study are historical, anthropocentric, formal-legal, dialectical, existential and phenomenological approaches, which together allow to reveal the value of personal nonproperty rights, to determine the impact of internal values on the possibility of exercising and protecting personal property rights. Based on the research aspects of the moral values of individuals it is formed own conclusions on the nature of the individuals in the implementation and protection of the moral rights of an impact of subjective and objective factors relating to the unique nature of a person, his or her psycho-emotional and intellectual health, the level of legal awareness, the humanistic direction of development of the state and society. The civil legislation of Ukraine needs to be improved, as the wide range of personal non-property rights declared by it, which may belong to a person, is not provided with a proper mechanism of practic al implementation.
Keywords: In the article, on the basis of the achievements of representatives of various branches of legal science, the substantive essence of personal non-property rights as a multidimensional legal phenomenon is revealed through the value-semantic sphere of personality. The peculiarities of the European doctrine of personal non-property rights, which is the basis of European human rights standards, are outlined; it is studied the axiological nature of personal non-property rights; an analysis of the legal values enshrined in civil law to ensure the rights, the object of which are personal intangible assets. The methodological basis of the study are historical, anthropocentric, formal-legal, dialectical, existential and phenomenological approaches, which together allow to reveal the value of personal nonproperty rights, to determine the impact of internal values on the possibility of exercising and protecting personal property rights. Based on the research aspects of the moral values of individuals it is formed own conclusions on the nature of the individuals in the implementation and protection of the moral rights of an impact of subjective and objective factors relating to the unique nature of a person, his or her psycho-emotional and intellectual health, the level of legal awareness, the humanistic direction of development of the state and society. The civil legislation of Ukraine needs to be improved, as the wide range of personal non-property rights declared by it, which may belong to a person, is not provided with a proper mechanism of practic al implementation.

WAYS TO IMPROVE THE LEGAL REGULATION OF DATABASES IN UKRAINE

Andrii Petrenko

Head of the Department of Entrance Support
Taras Shevchenko National University of Kyiv (Kyiv, Ukraine)

ORCID ID: 0000-0003-3255-2961

Anotation. The formulation of proposals to improve the legal regulation of databases in Ukraine is associated with a number of issues, including theoretical and regulatory. One of the main problems of developing ways to improve the search and identification of real problems of legal relations regarding the creation and use of databases, as well as problems or imperfections of civil law regulation of databases in Ukraine. Despite the large amount of research on the legal regulation of databases in both Ukraine and abroad, the problems of legal regulation, and in some respects the protection of databases, continue to exist, regularly becoming the subject of legislative initiatives. The aim of the article is to review and try to formulate problems of legal regulation in Ukraine of different types of databases, depending on the criterion of originality, form of materialization, filling with other objects of copyright, as well as the author's own vision of appropriate levers of legal regulation. Features of the existence of databases on the Internet and technologies for obtaining and processing large data sets “Big Data”. 4 levels of problems of database regulation in Ukraine are described, which can be briefly defined as: problems related to the protection of intellectual property on the Internet; problems related to personal data protection; problems of regulating transactions on the Internet; problems related to illegal actions committed with the help of computer technology on the Internet. The article clarifies the causes of problems of legal regulation of databases, establishes causal links that lead to the long-term existence of gaps in legal regulation. The appropriate solutions to certain problems of legal regulation are measures of civil law regulation in the field of copyright on the basis of databases, namely: further implementation of European law based on the implementation of legislation in accordance with the Association Agreement to the Law of Ukraine “On Copyright and Related Rights”, involvement of experts from the European Union, providing support to the consideration of the bill by the Verkhovna Rada by the relevant ministries of the Cabinet of Ministers of Ukraine; detailing and normative consolidation of procedures for protection of non-original databases by the right of a special kind “sui generis”.
Keywords: The formulation of proposals to improve the legal regulation of databases in Ukraine is associated with a number of issues, including theoretical and regulatory. One of the main problems of developing ways to improve the search and identification of real problems of legal relations regarding the creation and use of databases, as well as problems or imperfections of civil law regulation of databases in Ukraine. Despite the large amount of research on the legal regulation of databases in both Ukraine and abroad, the problems of legal regulation, and in some respects the protection of databases, continue to exist, regularly becoming the subject of legislative initiatives. The aim of the article is to review and try to formulate problems of legal regulation in Ukraine of different types of databases, depending on the criterion of originality, form of materialization, filling with other objects of copyright, as well as the author's own vision of appropriate levers of legal regulation. Features of the existence of databases on the Internet and technologies for obtaining and processing large data sets “Big Data”. 4 levels of problems of database regulation in Ukraine are described, which can be briefly defined as: problems related to the protection of intellectual property on the Internet; problems related to personal data protection; problems of regulating transactions on the Internet; problems related to illegal actions committed with the help of computer technology on the Internet. The article clarifies the causes of problems of legal regulation of databases, establishes causal links that lead to the long-term existence of gaps in legal regulation. The appropriate solutions to certain problems of legal regulation are measures of civil law regulation in the field of copyright on the basis of databases, namely: further implementation of European law based on the implementation of legislation in accordance with the Association Agreement to the Law of Ukraine “On Copyright and Related Rights”, involvement of experts from the European Union, providing support to the consideration of the bill by the Verkhovna Rada by the relevant ministries of the Cabinet of Ministers of Ukraine; detailing and normative consolidation of procedures for protection of non-original databases by the right of a special kind “sui generis”.

STATE PROTECTION OF LAW ENFORCEMENT OFFICERS AND COURTS: ADMINISTRATIVE ASPECT

Ihor Petrishak

Applicant at the Department of Administrative and Commercial Law
Zaporizhia National University (Zaporizhia, Ukraine)

ORCID ID: 0000-0002-9758-3251

Anotation. The article is devoted to the issues related to the establishment of the essential characteristics of state protection of law enforcement officers and the court by determining the administrative and legal mechanism of state protection of employees of these bodies, the study of the right to state protection and its powers. has the right to receive state protection, as well as the establishment of a system of bodies authorized to provide state protection of law enforcement officers and the court. Emphasis is placed on the narrow approach to determining the essence of the right to state protection of law enforcement officers and the court and its administrative and legal support. It is proposed to consider the administrative and legal mechanism of state protection of law enforcement officers and the court through the prism of such elements as: institutional systems of government agencies that provide state protection; legal norms, which ensure the direct application of power in the process of state protection; subjects in respect of which state protection may be applied; public relations, which are formed in the field of protection of law enforcement officers and the court. The importance and wide range of public relations within which law enforcement agencies and courts exercise their powers, on the one hand, and the development of elements of the mechanism for ensuring the rights of their employees, on the other, mediate the need for further research on this issue.
Keywords: The article is devoted to the issues related to the establishment of the essential characteristics of state protection of law enforcement officers and the court by determining the administrative and legal mechanism of state protection of employees of these bodies, the study of the right to state protection and its powers. has the right to receive state protection, as well as the establishment of a system of bodies authorized to provide state protection of law enforcement officers and the court. Emphasis is placed on the narrow approach to determining the essence of the right to state protection of law enforcement officers and the court and its administrative and legal support. It is proposed to consider the administrative and legal mechanism of state protection of law enforcement officers and the court through the prism of such elements as: institutional systems of government agencies that provide state protection; legal norms, which ensure the direct application of power in the process of state protection; subjects in respect of which state protection may be applied; public relations, which are formed in the field of protection of law enforcement officers and the court. The importance and wide range of public relations within which law enforcement agencies and courts exercise their powers, on the one hand, and the development of elements of the mechanism for ensuring the rights of their employees, on the other, mediate the need for further research on this issue.

THE ROLE OF SOCIAL PARTNERSHIP IN THE REGULATED GUARANTEES OF THE IMPLEMENTATION OF THE RIGHTS OF WORKERS TO FAIR PAYMENT OF WORKERS

Maryna Pyzhova

Candidate of Law, Associate Professor at the Department of General Law Disciplines
Yaroslav Mudryi National Law University (Kharkiv, Ukraine)

ORCID ID: 0000-0003-3652-5581

Anotation. The article highlights the role of social partnership in regulating guarantees for the realization of workers’ rights to fair pay. Additional guarantees for the realization of employees’ rights to fair remuneration are analyzed. The position of the need to develop “social partnership” in Ukraine, rather than operating in the category of “social dialogue”, is proved. The modules of social partnership that have developed in the world are considered. It is noted that the mechanism of social partnership should purposefully regulate changes in the amount of payments by qualification groups in connection with changes in the minimum wage. Decisions on such issues may be enshrined in General, Sectoral and Territorial Agreements. It is indicated that the regulation of social and labor relations through a system of multilevel social partnership includes the delimitation of functions of each level, increasing the responsibility of the employer in addressing social issues. Considerable attention is paid to the role of social partnership, because in modern Ukrainian conditions, when neither the minimum wage nor the rates of the single tariff grid perform even a reproductive function, the economic essence of additional guarantees additional guarantees of workers’ rights to fair pay partnerships are of particular importance. They are designed to provide reproductive, stimulating and regulating functions of wages. The essence of the stimulating function is to establish the dependence of the employee’s salary on his labor contribution, on the results of production and economic activities. It is concluded that Ukraine should reform the law on social dialogue taking into account the above and choose the vector of social partnership. And additional guarantees for the realization of workers’ rights to fair pay should be regulated with the involvement of the parties to the social partnership.
Keywords: The article highlights the role of social partnership in regulating guarantees for the realization of workers’ rights to fair pay. Additional guarantees for the realization of employees’ rights to fair remuneration are analyzed. The position of the need to develop “social partnership” in Ukraine, rather than operating in the category of “social dialogue”, is proved. The modules of social partnership that have developed in the world are considered. It is noted that the mechanism of social partnership should purposefully regulate changes in the amount of payments by qualification groups in connection with changes in the minimum wage. Decisions on such issues may be enshrined in General, Sectoral and Territorial Agreements. It is indicated that the regulation of social and labor relations through a system of multilevel social partnership includes the delimitation of functions of each level, increasing the responsibility of the employer in addressing social issues. Considerable attention is paid to the role of social partnership, because in modern Ukrainian conditions, when neither the minimum wage nor the rates of the single tariff grid perform even a reproductive function, the economic essence of additional guarantees additional guarantees of workers’ rights to fair pay partnerships are of particular importance. They are designed to provide reproductive, stimulating and regulating functions of wages. The essence of the stimulating function is to establish the dependence of the employee’s salary on his labor contribution, on the results of production and economic activities. It is concluded that Ukraine should reform the law on social dialogue taking into account the above and choose the vector of social partnership. And additional guarantees for the realization of workers’ rights to fair pay should be regulated with the involvement of the parties to the social partnership.

JUSTICE AND ABUSE OF PROCEDURAL RIGHTS IN ADMINISTRATIVE PROCEEDINGS: FOREIGN AND UKRAINIAN EXPERIENCE

Volodymyr Polishchuk

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

ORCID ID: 0000-0002-2325-0382

Anotation. The article examines the peculiarities of the implementation in the provisions of national legislation of Ukraine and other countries of the right of access to justice and the prohibition of abuse of procedural rights by participants in court proceedings in public disputes. Modern theoretical and legal approaches to clarifying the concept of abuse of procedural rights by participants in the trial and the main elements of the mechanism for its prevention are identified. According to different degrees of detail of the elements of the mechanism of prevention of abuse of procedural rights enshrined in the national legislation by the participants of public dispute consideration by courts, the following groups of countries are defined: responsibility for such actions; countries whose legislation does not use the term abuse of procedural rights, but contains general provisions for compliance with the principle of fair use of procedural rights, provides for measures of procedural coercion, sanctions for non-compliance; states that do not prohibit the abuse of procedural rights, but whose legislation provides for penalties for unfair use of procedural rights; countries that have declared the relevant principles, established obligations and provided sanctions for abuse of procedural rights, and others. Prospects for improving the Code of Administrative Procedure of Ukraine by supplementing the criteria for abuse of procedural rights as a guarantee of minimizing the discretion of administrative courts in public disputes are identified.
Keywords: The article examines the peculiarities of the implementation in the provisions of national legislation of Ukraine and other countries of the right of access to justice and the prohibition of abuse of procedural rights by participants in court proceedings in public disputes. Modern theoretical and legal approaches to clarifying the concept of abuse of procedural rights by participants in the trial and the main elements of the mechanism for its prevention are identified. According to different degrees of detail of the elements of the mechanism of prevention of abuse of procedural rights enshrined in the national legislation by the participants of public dispute consideration by courts, the following groups of countries are defined: responsibility for such actions; countries whose legislation does not use the term abuse of procedural rights, but contains general provisions for compliance with the principle of fair use of procedural rights, provides for measures of procedural coercion, sanctions for non-compliance; states that do not prohibit the abuse of procedural rights, but whose legislation provides for penalties for unfair use of procedural rights; countries that have declared the relevant principles, established obligations and provided sanctions for abuse of procedural rights, and others. Prospects for improving the Code of Administrative Procedure of Ukraine by supplementing the criteria for abuse of procedural rights as a guarantee of minimizing the discretion of administrative courts in public disputes are identified.

PROBLEMS OF THE SUBJECT COMPOSITION OF THE INTELLECTUAL PROPERTY RIGHT TO A CINEMATOGRAPHIC WORK UNDER THE LEGISLATION OF UKRAINE AND THE STATES OF THE EUROPEAN UNION

Kateryna Poturai

Postgraduate Student
Institute of State and Law V.M. Koretsky of the National Academy of Sciences of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0002-4670-4295

Anotation. The article is devoted to the research of determination of the subject composition of the intellectual property right to a cinematographic work under the legislation of Ukraine and the states of the European Union. Thus, the author draws attention to the fact that the national legislation is based on the principle of recognition by the subjects of copyright for a cinematographic work of persons who make a creative contribution to the creation of the relevant object of copyright. From the analysis of the norms of the legislation of Ukraine and the EU countries concerning a cinematographic work it is possible to allocate approaches on clarification of a range of persons who are considered authors of this work, in particular: 1) establishment of system in which the film is considered as joint work of several authors who make their artistic contribution into its creation (Ukraine); 2) establishment of a group of authors and creators who can claim authorship, as well as assignment of rights to a cinematographic work by law. A cinematographic work in this approach is recognized as a joint work of such joint authors, but the law presupposes a contract between the producer and the authors, which contains the assignment of the right to use the film (France). The author draws attention to the fact that it remains appropriate to create a new legal structure that would balance the interests of the direct authors of the film, its organizers and producers. It also remains debatable to recognize the authorship of an audiovisual work by only one person – the director of the work.
Keywords: The article is devoted to the research of determination of the subject composition of the intellectual property right to a cinematographic work under the legislation of Ukraine and the states of the European Union. Thus, the author draws attention to the fact that the national legislation is based on the principle of recognition by the subjects of copyright for a cinematographic work of persons who make a creative contribution to the creation of the relevant object of copyright. From the analysis of the norms of the legislation of Ukraine and the EU countries concerning a cinematographic work it is possible to allocate approaches on clarification of a range of persons who are considered authors of this work, in particular: 1) establishment of system in which the film is considered as joint work of several authors who make their artistic contribution into its creation (Ukraine); 2) establishment of a group of authors and creators who can claim authorship, as well as assignment of rights to a cinematographic work by law. A cinematographic work in this approach is recognized as a joint work of such joint authors, but the law presupposes a contract between the producer and the authors, which contains the assignment of the right to use the film (France). The author draws attention to the fact that it remains appropriate to create a new legal structure that would balance the interests of the direct authors of the film, its organizers and producers. It also remains debatable to recognize the authorship of an audiovisual work by only one person – the director of the work.

PREPARATORY STAGE OF CONDUCTING SIMULTANEOUS INTERROGATION DURING INVESTIGATION OF THE INVOLVEMENT OF MINORS IN ILLEGAL ACTIVITIES

Vladimir Prilovskii

Applicant
Research Institute Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-1183-4348

Anotation. The scientific article is devoted to highlighting some aspects of the investigation of the involvement of minors in illegal activities. The preparatory stage of simultaneous interrogation in the investigated category of criminal proceedings is considered. It is noted that the preparatory stage for carrying out certain investigative (search) actions is important for their effective organization. Conducting a simultaneous interrogation of previously interrogated persons during the investigation of the involvement of minors in illegal activities also requires a number of organizational and preparatory measures. Their implementation will ensure the maximum result of the investigated procedural action. The study made it possible to conclude that the majority of simultaneous interrogations (89%) with the participation of suspects (involving) and minors are carried out in conflict situations. Given the conflicting nature of simultaneous interrogation, a necessary condition for obtaining reliable and complete testimony is thorough and comprehensive preparation for its conduct. It is determined that the need for simultaneous interrogation during the investigation, the involvement of minors in illegal activities arises, as a rule, at the subsequent stages of criminal proceedings of the investigated category, the investigator has a certain information base until the moment of the investigative action under consideration. A thorough, detailed study of the entire information base of the investigation allows you to identify areas and predict its results. The possibility of one of the participants in the simultaneous interrogation refusing to give false, beneficial testimony is not excluded. In addition, the early acquaintance of the participants in the procedural action with the evidence collected during the investigation may lead to negative consequences. It was determined that among the mandatory measures of the preparatory stage it is necessary to highlight: the study of previously obtained testimony; clarification of the content of contradictions; study of the personality of the interrogated; clarification of the circumstances to be established; determining the sequence of interrogation; choice of venue and time; selection and systematization of evidence; formulating questions and determining their sequence.
Keywords: The scientific article is devoted to highlighting some aspects of the investigation of the involvement of minors in illegal activities. The preparatory stage of simultaneous interrogation in the investigated category of criminal proceedings is considered. It is noted that the preparatory stage for carrying out certain investigative (search) actions is important for their effective organization. Conducting a simultaneous interrogation of previously interrogated persons during the investigation of the involvement of minors in illegal activities also requires a number of organizational and preparatory measures. Their implementation will ensure the maximum result of the investigated procedural action. The study made it possible to conclude that the majority of simultaneous interrogations (89%) with the participation of suspects (involving) and minors are carried out in conflict situations. Given the conflicting nature of simultaneous interrogation, a necessary condition for obtaining reliable and complete testimony is thorough and comprehensive preparation for its conduct. It is determined that the need for simultaneous interrogation during the investigation, the involvement of minors in illegal activities arises, as a rule, at the subsequent stages of criminal proceedings of the investigated category, the investigator has a certain information base until the moment of the investigative action under consideration. A thorough, detailed study of the entire information base of the investigation allows you to identify areas and predict its results. The possibility of one of the participants in the simultaneous interrogation refusing to give false, beneficial testimony is not excluded. In addition, the early acquaintance of the participants in the procedural action with the evidence collected during the investigation may lead to negative consequences. It was determined that among the mandatory measures of the preparatory stage it is necessary to highlight: the study of previously obtained testimony; clarification of the content of contradictions; study of the personality of the interrogated; clarification of the circumstances to be established; determining the sequence of interrogation; choice of venue and time; selection and systematization of evidence; formulating questions and determining their sequence.

TRANSFORMATION PROCESSES IN THE SYSTEM OF THE MINISTRY OF INTERIOR IN THE CONDITIONS OF STRUGGLE OF POLITICAL COURSES AND CONFIRMATION OF ITS RESULTS (MARCH 1953 – MARCH 1954)

Olena Prystaiko

Applicant at the Department of History of State and Law
National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0002-6866-612X

Anotation. The relevance of the article is that the life of any society at all stages of its development consists of many interrelated elements, among which the prominent place is occupied by the system of order and security. During its existence, the structures of the state mechanism, which were entrusted with the implementation of these tasks, underwent numerous transformations: from reorganization, liquidation of individual bodies and the creation of new ones, to the organization of a colossal in size and scope of functions of the department totalitarianism. The article considers the organizational and structural changes in the system of the Ministry of Internal Affairs during 1953–1954, in the conditions of the struggle of political courses for power and the establishment of complete political and state control over the law enforcement system. Some aspects of the activity of the Ministry of Internal Affairs of the Ukrainian SSR in the territory of the western regions of Ukraine are highlighted as proof of the formal mitigation of the punitive and repressive policy of the Soviet state in the struggle against the nationalist-insurgent movement.
Keywords: The relevance of the article is that the life of any society at all stages of its development consists of many interrelated elements, among which the prominent place is occupied by the system of order and security. During its existence, the structures of the state mechanism, which were entrusted with the implementation of these tasks, underwent numerous transformations: from reorganization, liquidation of individual bodies and the creation of new ones, to the organization of a colossal in size and scope of functions of the department totalitarianism. The article considers the organizational and structural changes in the system of the Ministry of Internal Affairs during 1953–1954, in the conditions of the struggle of political courses for power and the establishment of complete political and state control over the law enforcement system. Some aspects of the activity of the Ministry of Internal Affairs of the Ukrainian SSR in the territory of the western regions of Ukraine are highlighted as proof of the formal mitigation of the punitive and repressive policy of the Soviet state in the struggle against the nationalist-insurgent movement.

INTEGRATION PROCESSES AND THEIR INFLUENCE ON FORMATION STRUCTURES OF CRIME INVESTIGATION METHODOLOGY

Valerii Pcholkin, Olena Fedosova

Valerii Pcholkin, Doctor of Law, Professor, Professor at the Department of Criminal Procedure, Criminology and Expertology Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)
Olena Fedosova, Candidate of Law, Senior Researcher, Chief Researcher at the Research Laboratories for Combating Crime Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0002-3379-5036, ORCID ID: 0000-0002-5577-8333

Anotation. The issues of integration and differentiation of criminal law sciences in modern conditions are considered. Their influence on the formation of the structure of the methodology of crime investigation is substantiated. It is determined that the operational and investigative support of criminal proceedings plays an important role in overcoming opposition to the investigation and in organizing the security of court and law enforcement officers, persons providing assistance, facilitating operational and investigative activities, persons involved in criminal proceedings, members their families and close relatives of these persons. It is quite natural that for the successful implementation of these issues, the investigative and operational units use the entire arsenal of forces and means of operational and investigative activities. It is emphasized that the forensic methodology should reflect the features (specifics) of obtaining evidence with the use of forces and means of operational and investigative activities, in particular during the covert investigative (search) actions. This allows us to conclude that it is necessary to include it as a separate element in the structure of the methodology of crime investigation.
Keywords: The issues of integration and differentiation of criminal law sciences in modern conditions are considered. Their influence on the formation of the structure of the methodology of crime investigation is substantiated. It is determined that the operational and investigative support of criminal proceedings plays an important role in overcoming opposition to the investigation and in organizing the security of court and law enforcement officers, persons providing assistance, facilitating operational and investigative activities, persons involved in criminal proceedings, members their families and close relatives of these persons. It is quite natural that for the successful implementation of these issues, the investigative and operational units use the entire arsenal of forces and means of operational and investigative activities. It is emphasized that the forensic methodology should reflect the features (specifics) of obtaining evidence with the use of forces and means of operational and investigative activities, in particular during the covert investigative (search) actions. This allows us to conclude that it is necessary to include it as a separate element in the structure of the methodology of crime investigation.

PROCEDURAL GUARANTEES OF THE ACTIVITY OF A JUDGE OF THE HIGHER ANTI-CORRUPTION COURT IN CRIMINAL PROCEEDINGS

Oleksandr Savytskyi

Applicant at the Department of Criminal Procedure
National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0001-5632-1338

Anotation. The article is devoted to the consideration of the essence of procedural guarantees of the activity of a judge of the Higher Anti-Corruption Court. From the standpoint of a systematic approach, the definition of the criminal procedural guarantee of the activity of a judge, including a judge of the Higher Anti-Corruption Court, is formulated as a unity of elements: rights and responsibilities of a judge, investigating judge of the Higher Anti-Corruption Court ; criminal procedure form of criminal proceedings; principles of judicial review of criminal proceedings; institute of removal and self-removal of a judge of the Higher Anti-Corruption Court; institute of measures of criminal procedural coercion; legal responsibility of the judge of the Higher Anti-Corruption Court. Some of them are comprehensively described. It was found that the criminal procedure form, as a guarantee of the activity of a judge of the Higher Anti- Corruption Court in criminal proceedings, covers: the general procedure of judicial activity for all judges provided by the criminal procedure legislation; the procedure for making specific procedural decisions in court stages; the order of resolution and appeal of decisions for execution. It is determined that the system of principles as a guarantee of fair justice in criminal proceedings for corruption crimes, covers the principles of the rule of law, legality, equality before the law and the court, access to justice and binding nature of court decisions, adversarial parties and freedom to present their evidence and in proving before the court their persuasiveness, immediacy of the examination of testimony, things and documents, publicity and openness of court proceedings and full recording by technical means of court hearings and procedural actions, the language in which criminal proceedings are conducted, oral proceedings, etc. Particular attention is focused on the principle of criminal proceedings, which establishes the right to appeal against court decisions. The institute of measures of procedural coercion is noted as a guarantee of a judge's activity in criminal proceedings, which exists in that measures to ensure criminal proceedings (including summoning of participants in criminal proceedings, occasion, imposition of fines, etc.) are ways of coercive influence on participants in criminal proceedings. The procedural significance of the institution of removal and self-removal as a guarantee of the independence of the judges of the Higher Anti-Corruption Court in the consideration of criminal proceedings is revealed.
Keywords: The article is devoted to the consideration of the essence of procedural guarantees of the activity of a judge of the Higher Anti-Corruption Court. From the standpoint of a systematic approach, the definition of the criminal procedural guarantee of the activity of a judge, including a judge of the Higher Anti-Corruption Court, is formulated as a unity of elements: rights and responsibilities of a judge, investigating judge of the Higher Anti-Corruption Court ; criminal procedure form of criminal proceedings; principles of judicial review of criminal proceedings; institute of removal and self-removal of a judge of the Higher Anti-Corruption Court; institute of measures of criminal procedural coercion; legal responsibility of the judge of the Higher Anti-Corruption Court. Some of them are comprehensively described. It was found that the criminal procedure form, as a guarantee of the activity of a judge of the Higher Anti- Corruption Court in criminal proceedings, covers: the general procedure of judicial activity for all judges provided by the criminal procedure legislation; the procedure for making specific procedural decisions in court stages; the order of resolution and appeal of decisions for execution. It is determined that the system of principles as a guarantee of fair justice in criminal proceedings for corruption crimes, covers the principles of the rule of law, legality, equality before the law and the court, access to justice and binding nature of court decisions, adversarial parties and freedom to present their evidence and in proving before the court their persuasiveness, immediacy of the examination of testimony, things and documents, publicity and openness of court proceedings and full recording by technical means of court hearings and procedural actions, the language in which criminal proceedings are conducted, oral proceedings, etc. Particular attention is focused on the principle of criminal proceedings, which establishes the right to appeal against court decisions. The institute of measures of procedural coercion is noted as a guarantee of a judge's activity in criminal proceedings, which exists in that measures to ensure criminal proceedings (including summoning of participants in criminal proceedings, occasion, imposition of fines, etc.) are ways of coercive influence on participants in criminal proceedings. The procedural significance of the institution of removal and self-removal as a guarantee of the independence of the judges of the Higher Anti-Corruption Court in the consideration of criminal proceedings is revealed.