PROBLEMS OF LEGALITY

1-14

Authors: Terletskyi D.S.

The article is devoted to the effectiveness of the constitutional complaint as a specific subsidiary legal remedy against the violation of constitutional rights. The article analyzes significant legal consequences of the consideration of constitutional complaints by the Constitutional Court of Ukraine with their relation to the protection of the person’s fundamental rights and freedoms and the system-functional connection of constitutional complaint with other remedies. Three groups of approaches are examined to determine when the Constitutional Court acts start to act: ex tunc (“from the beginning”), ex nunc (“from now”) and pro futuro (“to the future”). The contradistinction of the doctrine of nullity acts (recognized as unconstitutional) and the doctrine of their derogation has been investigated. The analysis of the national court decisions revealed that the unconstitutionality of the court’s application of a legal act or its separate provision does not determine the review of the final court decisions. It is proved that the regulatory mechanism of functional interaction of the courts concerning casual constitutional control needs the most urgent but thought-out adjustment. It should also be stated, that the approach taken to the 2017 procedural reform to determine the legally significant consequences of the unconstitutionality of a law, another legal act, or their separate provision applied by a court in resolving a case, remains to be unchanged. However, the existence of this approach seems to be at least paradoxical regarding the adoption of a constitutional complaint in Ukraine, which is one of the newest legal remedies of subsidiary and exclusive nature. Subjects of the right for constitutional complaint, having exhausted all other national remedies, having fulfilled the complex requirements in drafting and lodging a constitutional complaint, will not be able to review the final court decision in their case, in which a court applied the law recognized as unconstitutional (whole or its separate provision). Contrary to the direct reference to such possibility in the procedural legislation. It is not possible to resolve the current situation without changes to the Constitution of Ukraine and the Law on the Constitutional Court on the validity of the acts of the Constitutional Court of Ukraine as a whole, and on decisions on constitutional complaints in particular.

46-57

Authors: Pogrebniak N. S.

The article raises the issue of implementing constitutional norms on ensuring the rights of national minorities by Ukraine. It is established that certain provisions of the Law of Ukraine “On Education” dated 05 September 2017 have been criticized both at national and international level as regards termination of curricular programs in languages of national minorities other than EU languages. It is determined that a change in language policy resulted in a conflict of interest in Chernivtsi on 17 October 2017 between representatives of Romanian national minority and representatives of NGOs "Right Sector" and "Freedom" as to the right to study in their native language. It is established that Ukraine, in violation of the international obligations defined by international treaties in the field of protecting the rights of national minorities, including those ratified by Ukraine, did not take into account the relevant recommendations of the Parliamentary Assembly of the Council of Europe, the Venice Commission, the Advisory Committee on the Framework Convention for the Protection of National Minorities, Office of the United Nations High Commissioner for Human Rights, United Nations Monitoring Mission, Council of Europe Commissioner for Human Rights, UN Special Rapporteur on Minorities. According to the results of the analysis, it is established that there is no special law determining the spheres of public life and measures to guarantee the rights of national minorities. The respective guarantees for teaching in the mother tongue were not established in the law on the status of the state language dated 25 April 2019. It is concluded that to resolve this problem, it is necessary to adopt a constitutional law that would determine the procedure for the use of national minority languages. In connection with this, the object of research is Draft Law of Ukraine "On Languages in Ukraine" No. 1103 submitted for consideration to the Verkhovna Rada on 29 August 2019 by V.V. Novynskiy, M.S. Mahomedov and others. Formal-legal, comparative-legal and logical methods are applied. The content of Part 5 of Article 53 of the Constitution of Ukraine is analyzed, it was concluded that it did not set an alternative, but it sets a mandatory obligation to perform all actions of the state to guarantee the rights of national minorities. It is concluded that it is necessary to adopt a special law on languages in Ukraine in order to implement the Constitution of Ukraine. It is recommended that the Verkhovna Rada of Ukraine include Draft law No. 1103 on the agenda, consider it, and adopt it as a basis in the first reading. It is recommended to adopt laws related to the draft law on national and cultural autonomy, on indigenous peoples of Ukraine, on national minorities (new version), on local referenda, on an all-Ukrainian referendum.

66-74

Authors: Gusarov K.

The article is devoted to the study of the peculiarities of applying the norms of national civil procedural and family law when courts of civil jurisdiction consider the application on divorce from the spouses in special proceedings. Attention is drawn to the problems in determining the content of the application, the subject composition, jurisdiction and the particularities of considering this category of cases. The analysis of one of the court rulings allowed the author to draw attention to inconsistencies in the civil procedural law. The work stresses on the consolidation of the possibility of considering such a case in the special proceedings by the court, but the absence of norms on the peculiarities of considering this category of cases gives rise to an ambiguity in the interpretation of certain norms of the civil procedural legislation. The analysis of literary sources also indicates a lack of studies of these issues. When considering the peculiarities of the subject composition, the author draws attention to the absence in the content of the civil procedural legislation of such an entity as the “spouses” with a legislatively fixed provision in the Civil Procedural Code of Ukraine of the need to participate in special proceedings of an applicant as a person applying to the court and, on the other hand, interested parties. The impossibility of applying the rules of jurisdiction in this case is proved by analogy with the rules of jurisdiction in cases of legal action. When considering the issues related to the peculiarities of the consideration of these categories of cases by courts, attention is drawn to the uncertainty of the civil procedural legislation on the timing of a decision by a court in such cases, on the procedural and legal consequences of withdrawal of a divorce application by spouses and on the procedural fixation of the consequences of this event by the court. Taking an account of the given factors, it is concluded that it is more expedient and transparent to consider the issue of divorce process according to the rules of ordinary legal proceedings, and not a special one.

85-96

Authors: Tsuvina T. A.

The article is devoted to the analysis of the problem issues of civil jurisdiction rules in terms of the Rule of Law principle and evaluative interpretation of par. 1 art. 6 of Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) which establishes the right to a fair trial in civil procedure. According to par. 1 art. 6 ECHR in determination of his civil rights and obligations everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. At first glance ECHR doesn’t regulate jurisdictional issues. However, conflict of jurisdictions problem should be analyzed in terms of such elements of the right to a fair trial as access to court and “court, established by law”. In its case-law European Court of Human Rights needs to resolve conflicts of different elements of the right to a fair trial. As to the jurisdictional issues there are conflicts of the right to court, established by law, with access to court, legal certainty, res judicata principle. Ukrainian Supreme Court demonstrates an arguable approach of resolving such conflicts, which has no legal grounds in procedural law. The author emphasizes the need to use preventive approach to the problems of conflict of jurisdiction, according to which legislation should be predictable for the litigants and rules of civil, commercial and administrative jurisdiction should be clearly designed in procedural legislation in order to avoid conflict of jurisdiction.

110-120

Authors: Shcherbyna V. S., Bodnar T. V.

The article is devoted to the study of the legal regime of property (property complexes) of the National Academy of Sciences of Ukraine and national branch academies of sciences. The conclusion about the need to bring the Law of Ukraine „On the peculiarities of the legal regime of the National Academy of Sciences of Ukraine, sectoral national academies of science and the status of their property complex” into line with the laws of Ukraine „On management of state-owned objects” and „On scientific and scientific-technical activity” in particular, in terms of the unification of legal norms defining the powers of the National Academy of Sciences of Ukraine and national branch academies of sciences for the management of objects of property complexes relevant academies. It is proposed to define in the Law of Ukraine „On the peculiarities of the legal regime of activity of the National Academy of Sciences of Ukraine, branch national academies of sciences and the status of their property complex” the content of the right of economic management and the right of operational management of property of these academies and their scientific organizations as well as to fix the concepts of the right to conduct business and operational management rights, revealing their contents, in the updated Civil Code of Ukraine.

131-139

Authors: Shvydka T. I.

The article is devoted to the problem of economic and legal support and the use of effective mechanisms for implementing competition policy as a direction of economic policy of the state. An important and necessary mechanism for implementing the state's economic policy is to take into account both legal mechanisms of formation and micro- and macroeconomic effects, including processes of globalization.The formation and implementation of the economic policy of the state and, in particular, of competition policy, requires an instrumental-institutional approach of the state to its functioning, as a separate permanent component of the activity of the state apparatus. The formation of a public institute for the implementation of competition policy and the application of effective mechanisms should be clearly defined and enshrined in legislative acts and program and forecast documents. Achieving the goals of competition policy is possible only through a well-developed strategy and tactics, which implies the achievement and resolution of large-scale economic and social problems, together with the solution of urgent, immediate goals. An important aspect in the implementation of economic and legal policy is a differentiated approach to solving problems depending on the areas of production. Legislation in different sectors and segments of the economy should clearly take into account the degree of oligarchization of markets or areas of production, and provide remedies for economic competition in a particular area, as well as protection against unfair competitive practices. In those sectors where market monopolization is justified and has a positive effect, and as a consequence of improving the competitiveness of the industry, it is necessary to determine the mechanisms of market implementation and special protection against abuse. Deoligarchization as the goal of competition policy, provides for the use of economic and legal means, the main focus of which is to prevent monopolization of markets, the establishment of effective parameters of economic concentration, measures of supervision of subjects of natural monopolies, the special nature of privatization and nationalization processes, and the like.

151-162

Authors: Korniyenko G. S.

The article is devoted to formulating such definition as "agricultural business" in the legal context. It is highlighted that agroindustrial complex and agricultural business are not identical things, first of all because of different orientation of economic activity. The social and economic content of agricultural business was revealed. Different approaches to the disclosure of the essence of agricultural business are considered, such as: subjective, functional, in the context of a certain type of relations. As a result, the author's definition of the study category was proposed. Аgribusiness includes: relations concerning the production of agricultural products, raw materials; all relations related to the processing, storage, transportation and sale of manufactured products; relations with logistical and scientific support of agricultural producers. Аgribusiness from a legal point of view, then in a generalized form it can be defined as an activity that is carried out systematically for profit in the process of production, processing, storage, transportation and sale of agricultural products and raw materials.

176-186

Authors: Reznik O. M., Andriichenko N. S.

The paper deals with the research of the issue of citizen participation in enhancing the efficiency of the Ukrainian law enforcement agencies as entities protecting the financial and economic security of the state, which is caused by the European integration processes in the state and the adaptation of powers, the organizational structure of the law enforcement agencies to the existing generally recognized international standards, and bridging the gap between the public and law enforcement agencies, including those that protect the financial and economic system of the state. The paper states that such inconsistency with the conditions of social development hinders the further development of legal relations in almost all spheres of public and state life. Formal and logical, analytical and sociological research methods were used to find out the current state of evaluation of the activities of law enforcement agencies that protect the financial and economic security of the state. It is concluded that the work of the National Anti-Corruption Bureau of Ukraine and the tax police of the State Fiscal Service of Ukraine have the lowest rating. The factors that determine the inefficiency of these entities are highlighted. The paper describes criteria proposed by respondents for evaluating the activities of law enforcement agencies as entities ensuring financial and economic security of the state. Emphasis is placed on public confidence as a criterion for evaluating the activities of these entities. The need for such a criterion is justified by the fact that the principles of law enforcement agencies are the control and accountability to society and state agencies defined by law, openness to democratic civil control. It is concluded that enhancing the efficiency of law enforcement agencies as entities protecting the financial and economic security of Ukraine should involve the public in competitive selection for posts, consideration of cases of disciplinary offenses of employees, giving public organizations the opportunity to monitor the activities of law enforcement agencies, and informing the citizens by the latter about the results of their activity.

197-209

Authors: Sharenko S. L.

The article states that authority is a key structural element of criminal procedural competence. At the pre-trial stage, the investigative judge, who is empowered with powers that are specifically defined in the criminal procedure code, is a guarantee of the rights, freedoms and interests of individuals in criminal proceedings. In the general theory of competence distinguish the most typical powers, which include: a) to manage; b) to manage; c) to decide; d) participate; e) to standardize; e) to organize; g) develop; g) specify; h) coordinate; i) to control; and) prohibit. In turn, looking at the issues of authority of the investigating judge through the lens of the dogma of competence theory, gives the opportunity to point out certain features and to isolate some theoretical and applied problems. In accordance with the doctrine of criminal proceedings, powers are perceived as a duty (an inseparable combination of law and obligation) of a governmental entity. At the same time, the totality of such powers provides the possibility for the subject to fulfill his criminal procedural function. Therefore, it is no coincidence that the authority of the court in the scientific literature is defined as “fixed by the rules of criminal procedural law and determined by the subject matter of keeping the circle of rights and duties (responsibilities), established to perform specific procedural actions and to take appropriate procedural decisions in criminal proceedings. In turn, other researchers, adapting this definition to the procedural status of the investigating judge, propose to define his authority as a set of interrelated rights and obligations (responsibilities) established for him to perform procedural actions and to make procedural decisions on judicial execution. control over observance of rights, freedoms and interests of persons in criminal proceedings . Thus, as we can see, the science of criminal proceedings proposes to take the powers of an investigating judge as a means of exercising his function, and the CCP focuses on the fact that the function (judicial control) is one of the possible powers of the investigating judge. There are nine groups of powers for the investigating judge: 1) powers related to the application of criminal prosecution measures; 2) powers related to the consideration and resolution of issues concerning the granting of permission to conduct statutory investigative (investigative) actions, the NSRD and other procedural actions aimed at collecting evidence by the parties; 3) the authority to consider and resolve complaints against the decision, actions or omissions of the investigator and the prosecutor; 4) the power to collect evidence through interrogation and the appointment of expertise; 5) powers related to updating and setting procedural time limits; 6) the authority to consider and resolve allotment issues; 7) the authority to decide at the stage of pre-trial investigation the fate of material evidence; 8) the authority to resolve the issue of the use of information obtained as a result of the NSDF on the features of a criminal offense not investigated in this criminal proceeding in other criminal proceedings; 9) the general duties (powers) of the investigating judge on the protection of human rights enshrined in Art. 206 CPC. The authority of the investigating judge, defined by the scholars as enshrined in the rules of criminal procedural law and determined by the subject matter of keeping the circle of rights and duties (responsibilities), is established for the execution of specific procedural actions and the adoption of appropriate procedural decisions in criminal proceedings.

229-243

Authors: Shkurko V. I.

It is established that according to the Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of Proceeds of Crime, Financing Terrorism and Financing the Proliferation of Weapons of Mass Destruction” notaries, attorneys, law firms and associations, auditors, audit firms, subordinate firms, audit firms provide accounting services, entities providing legal services (other than persons providing employment in the framework of employment relationships) are specially designated entities of the primary financial monitoring. Appearance of advocates among the entities of primary financial monitoring is obviously conditioned by the need to implement in national law international standards in the field of preventing and combating the legalization (laundering) of proceeds of crime, or the financing of terrorism and the financing of proliferation. It should be noted that Part 1 of Art. 8 of the mentioned Law outlines specific cases where the lawyer’s representatives are obliged to perform the duties of the subject of the initial financial monitoring, namely, when they are involved in a financial transaction for their client in relation to: purchase and sale of real estate; management of client’s assets; managing a bank account or a securities account; raising funds for the formation of legal entities, ensuring their activities and managing them; the formation of legal entities, the provision of their activities (including auditing) or the management thereof, as well as the sale and purchase of legal entities (corporate rights). Scientific literature notes that attorneys, law firms, and associations may not notify a specially authorized body of their suspicion when the relevant information has become known to them in a matter of professional secrecy, or is privileged to maintain professional secrecy, as well as cases where they perform their duties to protect the client, represent their interests in the judiciary and in pre-litigation matters. In the case of such transactions, the entity shall be registered with the State Financial Monitoring Service of Ukraine no later than the day of the contractual relations with clients on such transactions. The subject shall notify the state regulator of the operation performed by the state regulator not later than the next business day from the day of registration of such operations. Prior to the appointment of the responsible person for financial monitoring, the responsibility lies with the head of the law firm and the law firm. After the appointment of the responsible person, there is an obligation to inform the State Financial Monitoring Service of Ukraine within three days. The conclusions state that the current Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of Proceeds of Crime, Financing Terrorism and Financing the Proliferation of Weapons of Mass Destruction” allows attorneys, law firms and associations not to report on the relevant operations if such operations fall under information under a lawyer’s secret. In turn, this opportunity is not provided for other entities providing legal services (including law firms).

253-270

Authors: Petrenko Yu. V

Nowadays the European Union part in the process of formation of international legal mechanism of cooperation in the sphere of security and defence has considerably grown and continues to grown. With the appearance of a series of new challenges and threats the question of counteraction them has increased. The international-legal mechanisms of European Union country-members cooperation in the sphere of defence, investigated in the article are the legal basis for the further development of the European security system. The investigation of the EU country-members cooperation in the sphere of defence gives the opportunity to make clear the EU part in the general architecture of the European and global security and to predict the possibilities of the further strengthening of EU cooperation in the sphere of defence. It is necessary emphasize that the achievement of the high level of European security can be provided only by effort integration of EU bodies and structures, the activity of which is to be directed the constant improvement of international legal mechanisms of cooperation in the sphere of security and defence. It must be stressed that none of such threats can't be liquidated with military means exclusively. It is necessary to use a certain set of instruments to counteract each of such threats which the EU has, they are: common operations on disarmament; humanitarian and rescuing operations, granting of military advice and help, prevention of conflicts and peace support and others. Besides, though the regional conflicts first of all need political decisions, the necessity in military means can appear at any stage of the conflict. It must be mentioned, that the EU has different instruments on its disposal, to react at such many-sided situations. This day a system of bodies has been formed, to support the EU defence policy realization. Besides, the constant structural cooperation within the Union has been settled for the EU member-states whose military potential satisfies the highest criteria, and who have close obligations in this sphere concerning each other (PESKO). At the same time, the systems analysis of the current state of security system legal control in the context of global challenges and threats nowadays, and the real ability to resist them in dependently, gives the opportunity to confirm that the European Union, as an independent player in the European security architecture, is on its phase of formation today.

18-36

Authors: Moskalenko O. M.

The article is dedicated to the study of the legal system, which is one of the basic theoretical concepts of the contemporary legal studies. The concept of legal system has been in focus of a number of studies in different legal disciplines, from the theory of law and state to classical international law. However, the multi-functional use of this concept as well as diverse approaches to its understanding from the perspective of different schools of legal thinking reaffirms the need for the continuation of the discussion as for the essence of this concept with the particular focus on the possibility to utilize this concept and the term with regards to the law of the European Union. The article provides the analysis of this concept from the perspective of three different scientific approaches: comparative legal studies, international law, and general theory of state and law. It refers to a diverse number of research papers, including both the works of classical scientists in the area of state and law and the innovative researchers of recent years. As the result of the analysis the article offers a number of conclusions. First of all, it reaffirms the idea of the potential possibility to use the concept of the legal system with regards to both national and international law, despite the differences existing between these systems. Second, the principal structural elements of the “legal system” concept are identical for both cases. These elements are law (or the system of law), legal practice, institutional and psychological components. Third, the provided analysis offers the ground for the determination of the essence of the theoretical concept “legal system” via the analysis of the four mentioned principal structural elements. In its turn, this provides theoretical basis for the analysis of other inter-state legal systems, which are different from both national and international law.

48-62

Authors: Savchyn M. V.

In this presentation essential criteria that delineate issues of politics and the political process and constitution as a means of restriction of power are revealed. These issues are resolved in constitutional law in the sphere of restriction of power, it is political in nature, and its freedom is the freedom of development of the individual as a integrate personality. The interaction between political institutions and public authorities is carried out in terms of human dignity, in particular the identity of the individual. This determines the constitutional construction of relations between parliament and constitutional justice, between individuals, the community and the government. Based on the evolution of the constitution as a social phenomenon, within the scope of the political lawyers are restraint is always based on legal continuity. The formation, reproduction and multiplication of legal inheritance in the form of certain legal documents is the product of politics as a certain process of communication between interested political actors, who are bound by law in the future, in particular acts of interpretation of law and legal doctrine. Democracy is based on the balance of interests of the majority and the minority. Differentiation in society is the basis for the principle of the majority, because it expresses its essence. The balance of interests in a democratic society must satisfy the criteria of public consensus: the majority cannot dictate its will to the minority, and the minority cannot impose its will on the majority. Interaction between political institutions and public authorities is carried out in terms of human dignity, in particular the identity of the individual. Implementation of the constitution's provisions in the course of socio-political debate, which is implemented through the formulation of legislation and the formation of a political agenda, which defines both the program of government activity and the implementation of various national and regional development programs. An important role here is to ensure a balance of interests and fundamental rights. Constitutional courts' self-restraint in dealing with issues of correlation of law and policy is a cautious approach to resolving issues of a political nature and political process. The issue of having the constitutional courts the power to review the constitutionality of constitutional laws becomes more acute. From the point of view of the entry into force of constitutional laws, their review by the constitutional courts is carried out in order to comply with the fundamental values and principles of law and the requirements of due constituent procedure.

75-90

Authors: Denisenko Marina Aleksandrovna, Maskaeva Natal’ja Gennad’evna

The article analyzes the provisions of the Paris Convention for the Protection of Industrial Property of 1883 and the legislation of the Republic of Belarus concerning unfair competition through direct discrediting. The civil remedies and liability that can be applied in case of the commission of the relevant offense are considered in detail. It is concluded that the Republic of Belarus fully abides by its relevant international obligations undertaken under the Paris Convention and that there is a number of gaps in Belarusian legislation, which negate the feasibility of the recourse for judicial protection in case of direct discrediting. Certain legislative amendments are proposed as well.

103-112

Authors: Kulchii I. M.

The article researches the international legislation and EU legislation in the field of protection of geographical indications of origin for agricultural products, analyzes the national legislation in this area, suggests ways and means of its improvement with the aim of implementation in the conditions of European integration. The author finds that one of the areas of adaptation of national legislation to EU legislation within the framework of quality policy is the protection of geographical indications of origin for agricultural products and foodstuffs. The concept of geographical indication, which according to EU legislation is considered in two categories: protected designation of origin, and protected geographical indication. Their common and distinctive features have been clarified. The article researches in detail the dual procedure for the registration of geographical indications of origin for agricultural products at the national and EU level in accordance with European legislation. The legislation of Ukraine in the field of legal protection of geographical indications is analyzed and the conclusion about its is non-conformity with European requirements in the part of the subject structure, state registration, specification, marking and legal protection. It is noted that the draft Law "On Amending Certain Legislative Acts of Ukraine on Improving the Legal Protection of Geographical Indications", which was adopted in the first reading, is currently being drafted. It is indicated on its positive aspects, in particular: the introduction of geographical indications of the State Register of Ukraine as well as requirements for product specification and labeling, which are important in the aspect of adaptation to EU requirements, however, also revealed a number of significant shortcomings. The author argues that the system of geographical indications for agricultural products is not formed, but its establishment is important for the development of rural areas, it is proposed the establishment of a number of legal, organizational and economic measures.

124-133

Authors: Shevchuk O. M.

The article based on the analysis of scientists' points of view formulated the author’s definition of the legal construction “administrative and legal regulation of state control over the circulation of narcotic drugs, psychotropic substances and precursors”, reveals its signs. It is proposed to interpret it as a set of administrative-legal forms, methods and tools by which a set of control measures is determined, using which the state influences the activities of subjects and objects in the sphere of legal trafficking of narcotic drugs, psychotropic substances and precursors in order to reduce their non-medical consumption, their illicit trafficking, as well as related offenses. In the implementation of the administrative and legal regulation of such state control, its mechanism is of particular importance. The concept of “the mechanism of administrative and legal regulation of state control over the circulation of narcotic drugs, psychotropic substances and precursors” is established, its elements are analyzed. It was found that the elements of such a mechanism should include administrative-legal norms of law, administrative-legal relations, acts of interpretation and the implementation of legal norms, legal consciousness and legal culture.

149-157

Authors: Veselov M. Yu.

Modern juvenile justice is a system of international legal foundations, scientific ideas and a set of concepts of influence on children, their social environment, state and public institutions for the prevention of unlawful behavior among minors, protection and assistance to children in conflict with or dangerous or harmful situation (conditions). Despite the fact that juvenile justice as a social and legal institution ensuring the rights and interests of the child is based on common goals and objectives, world practice includes several typical paradigms (theoretical and methodological models) and regulatory and institutional models for the functioning of juvenile justice. The goal of the research is to form a modern understanding of the classification of juvenile justice models as one of the institutions ensuring the rights, freedoms and interests of children. The article presents the classical system of paradigms (concepts) of juvenile justice: the rehabilitation paradigm, the punitive paradigm, the alternative or restorative paradigm. These paradigms are represented in existing models of juvenile justice, which are now operating in different countries of the world. Several types of classification of functional models of juvenile justice are presented for consideration. The division of juvenile justice systems on a global scale into Anglo-American, Continental, Scandinavian and Asian is analyzed. The study argues the position that the presented classification should be supplemented by another separate type - the transitional (transit) model of juvenile justice. As part of this model, it is proposed to further distinguish two subgroups: transit-administrative (Russia, Belarus, Azerbaijan, Tajikistan) and transit-judicial-centric (Ukraine, Kazakhstan, Georgia, Kyrgyzstan, etc.).

171-178

Authors: Bocharova K. A.

In today's world, there is a growing number of cruelty and violent manifestations, which harms the legitimate interests of the individual, the state and society. Vandalism and the crimes connected with it are one of such manifestations. With the development of society and the emergence of modern human capabilities, acts of vandalism are changing and gaining new forms. The necessity for isolation and consideration of vandalism and connected crimes is due to the fact that vandals committed in public places acquire a special anti-social color and negative social significance. The purpose of the article is to prove the necessity of legislative regulation of vandalism as a criminal act, as well as to bring arguments about the importance of introducing amendments to the Criminal Code of Ukraine. At the moment, in the domestic legislation there is no legal definition of the concept of vandalism, which leads to a mixed understanding of the range of acts connected by its features, and also whether there are actions related to vandalism, criminal. The importance of criminalizing vandalism is due to the fact that the number of acts of vandalism in Ukraine is increasing year by year and its newly modified forms are constantly appearing. Vandalism is a form of aggressive unlawful behavior that manifests itself in deliberate acts, the consequence of which is causing harm to any property, religious, cultural or spiritual values, objects of improvement of settlements, transport infrastructure, committed with cynicism and / or obvious disrespect for society in a public place. The criminal law manifestations of vandalism in Ukraine, that is, to such behavior, which manifests this phenomenon in the objective reality, include acts stipulated by various sections of the Special Part of the Criminal Code of Ukraine which are not singled out in a separate article or part thereof. In addition, the activity associated with the unauthorized graffiti application is generally uncriminalized. According to the statistics of the General Prosecutor’s Office of Ukraine on the state of crime and the results of the prosecutorial and investigative activities, each year it accounts for 1-1.5% more crimes connected with vandalism. At the same time, in connection with the lack of a normative basis for combining these acts into a single set of crimes, one can assume that it is expedient to commit a crime with a vandal purpose to recognize the circumstances which aggravates the punishment. This conclusion is explained by the fact that there is now an urgent need for legislative definition of vandalism, the elimination of difficulties in qualifying such acts, the display in official statistical reporting and the assignment of guilty to just and proportionate punishment. A crime with a vandal purpose will be understood as constituting the subjective part of the crime associated with the realization of the desire to cause damage to any property, religious, cultural or spiritual values, objects of improvement of human settlements, transport infrastructure, etc. located in a public place. , and for the sake of achieving such a goal, the person performs a socially dangerous act. The proposed changes to Criminal law will be an important step in the criminalization of acts related to vandalism, the inclusion of these unlawful actions in official statistical reporting in order to analyze their dynamics, involving the investigated manifestation in criminological problems that require scientific study, analysis of causes and conditions its existence, as well as the improvement of existing ones.

192-202

Authors: Korcheva T. V.

It is indicated a new participant in criminal proceedings in Part 1 of Art. 3, paragraph 161 the CPC of Ukraine – another person whose rights or legitimate interests are limited during the pre-trial investigation (hereinafter – another person). The analysis of recent research and publications. Problems concerning the protection of the personsrights and freedoms participating in criminal proceedings, determination of their procedural status were the subject of research in the works I. V. Glowyk, Yu. M. Grosheviy, V. O. Konovalova, O.V. Kaplina, V. I. Mariniv, M. A. Markush, M. G. Motorygina, O. Yu. Tatarov, A. R. Tumanyants, Yu. A. Khomatov, O. H. Shylo, O. G. Yanovsky and others. However, the latest developments on the subject matter require a scientific study. The CPC of Ukraine does not specify who can be another person, and there is no clear regulatory and consolidation of the procedural status of this person. According to personal considerations, the circle of other persons is not limited in a criminal proceeding by the legislator, there should be only the basis – the exercise of the procedural actions according to the CPC of Ukraine regarding to the person (including concerning her property), as well as the possibility of limiting her rights or legitimate interests. It may be investigated (search) actions with the participation of another person. This raises the question of the procedural rights existence and responsibilities. It is indicated that the means of protecting the rights or legitimate interests of another person include the possibility of making a petition. There is reason to believe that there should be an extended circle of subject matter concerning to another person. As for the right to receive a professional legal assistance, this is the law that the legislator envisages. The investigation of problematic issues concerning the legislative regulation of the another person procedural status, as well as author's suggestions on this issue, will serve to eliminate the gaps existing in the legislation.

216-225

Authors: Myroshnichenko T. N.

There were established the general principles of criminal proceedings for the first time at the level of a separate structural unit (Chapter 2) by the Criminal Procedural Code of Ukraine, 2012 (hereinafter - CPC), including the principle of respect for human dignity (Article 11 of the CPC). The normative content of this principle is to prohibit the use of unlawful compulsion during a criminal proceeding. Therefore, the fulfillment of the requirements of the investigative principle as a legal provision of a higher degree of normativity must be maintained in a procedural and organizational manner by the state in the person of the leading process. On the basis of the normative content analysis of of the respect for human dignity principle, they are distinguished three of its constituent elements: security, prohibition and protection. The substantive side of the security element is established by law procedures for the conduct of procedural actions that exclude contempt for human dignity, as well as the procedural provisions of the law on the mandatory justification of court decisions only on the evidence directly investigated in court. The organizational aspect of the basis security element includes the actions of authorized persons for proper control of the persons physical condition and the provision of quality services during the pre-trial investigation. The arguments in favor of refusing the simplified criminal procedure procedures introduced in the criminal process of Ukraine (reduced trial, simplified proceedings on criminal misconduct) are presented as not satisfying the proper implementation of the principles of criminal proceedings. On the basis of the analysis of the European Court of Human Rights case law, the normative content of the prohibition element of the respect for human dignity principle, in particular, the specific characteristics of ill-treatment, has been researched; defined requirements for evidence of ill-treatment. The normative content of the protective element of the respect for human dignity is principle of investigated in view of the state of the existing criminal procedural legislation on the legal status of the participants in the criminal proceedings. According to its results, authors' suggestions are made regarding the improvement of the domestic procedural legislation of the relevant direction.

234-246

Authors: Shevchuk V. M.

The author discusses the debatable problems of the theory and methodology of criminalistics, analyzes the trends and prospects for its development. It is determined that the formation and modern development of criminalistics as an independent science is naturally associated with arise in the sphere of fight against crime, functions and objectives of this science, and naturally associated with the formation of a system of scientific methods. It is impossible to ensure the further development of forensic science in developing the effectiveness of organizaciono-tactical counter crime and not improving the theoretical and methodological basis of criminalistics. Recently, however, in the criminalistics literature there are opposing opinions and approaches of occurrence of the different nature of the critical judgments to the traditional theory and methodology of criminalistics, as well as criticism of the concept of general theory of criminalistics. It is increasingly possible to meet the approval of certain scientists about the so-called-my idea of "crisis" in criminalistics and its methodological problems. Proves that it is not "ideas crisis", and the idea of objective and the further development of criminalistics should dominate in forensic investigations in the light of contemporary state of development of science, traditions of criminalistics, which would become the foundation of the ideology of criminalistics thinking and identify promising areas for further research. Further research requires integrative function of criminalistics, applying systemic-structural activity, functional, process-oriented approaches, strengthening the practical orientation of forensic research that will raise modern science to a qualitatively new level of development. Is determined that the subject matter of the analysis of the current state of the trends and prospects of development of criminalistics, its theoretical and methodological foundations is the most important areas of forensic doctrine. Scientific approaches and proposals for solving the identified discussion problems of the theory and methodology of criminalistics science are formulated.

256-268

Authors: Ostafiichuk L. A.

The article is devoted to the principles of the institute dispute settlement involving judges, which causes concern among theorists and practitioners as novel procedural law. Available in the Unified State Register of judgments practice of settling a dispute with the judge shows only isolated cases of successful completion of the litigation settlement agreement. This means that the scientific search for solutions to problems 'solution to the dispute with judges' basic research through specific and ethical principles of this institution is appropriate. According to the research results of the Institute of Dispute Settlement with the participation of a judge, the author shares the basic principles of judging by the criterion of the possibility or impossibility of their application in the dispute settlement procedure. In particular, the principles for which there is no doubt of the need for their use in settling disputes involving judges are: 1) the rule of law; 2) respect for honor and dignity, the equality of all participants in a trial before the law and court; 3) dispositiveness; 4) proportionality; 5) the bindingness of the judgment; 6) the reasonableness of the terms of consideration of the case by the court. Principles that cannot be applied to the settlement of a dispute involving a judge are: 1) ensuring the right to review the case; 2) ensuring the right to appeal against a court decision in cases established by law. The principles that can be applied in the dispute settlement procedures of the fate of some conventions are: 1) competitiveness of the parties; 2) publicity and openness of the trial and its full fixation by technical means; 3) the principle of inadmissibility of abuse of procedural rights; 4) the principle of reimbursement of the costs of the party in favor of which the judgment was rendered. Also, summarizing the results of existing studies, the author generated a list of additional principles to be applied in resolving a dispute with the judge: 1) voluntary participation of the parties in the procedure; 2) confidentiality; 3) arbitration; 4) neutrality and impartiality of the mediator; 5) flexibility of procedure; 6) non-confrontational and informal procedure for conducting the procedure; 7) personal freedom; 8) cooperation. The author supplemented the list on an equitable basis, which connects by a group of judges ethical principles when applying the dispute settlement procedure. The ethical principles of dispute settlement involving judges, the author attributes: impartiality, diligence, tact, politeness, patience and respect, which are a set of moral rules of judicial conduct by which to evaluate its performance in terms of values such as fairness, integrity, dignity and humanity. According to the results of the study, the author proposed to supplement the list of principles (principles) of justice by the principle of «facilitating dispute settlement», that would force judges to actively promote the parties to the settlement of the dispute before the trial on the merits and judicial authorities to develop appropriate methods and equipment costs.

23-35

Authors: Kindiuk B. V

The article deals with the role and place of legal acts in the system of sources of environmental law, by considering their functions and features. The study of the place and role of normative legal act in the system of sources of law requires consideration of functions because they find their expression of the essence and social significance of this category. These include the following: 1) political, through the adoption of normative legal acts consolidates doctrinal approaches to the decision of environmental tasks; 2) legal establishment is connected with the implementation of specific tasks in the environmental sphere, on the basis of the creation of new legal norms; 3) regulatory is expressed in the establishment of positive rules of conduct, the granting of rights and the assignment of legal obligations to subjects of law; 4) the guard has always occupied a significant place in environmental regulatory acts in times of Kyiv Rus, the Grand Duchy of Lithuania, the Kozatsky-Hetman State, the UNR, the Ukrainian SSR and the independent Ukraine; 5) management was reflected in the creation of a system of organs related to the protection of natural resources, among which was the Regulations on the People's Commissariat of Land Affairs of 1923, the Regulations on All-Ukrainian Forest Management, approved by the Decree of the All-Ukrainian Central Executive Committee in 1927, the Mining Inspection , created on the basis of the Mining Code of the USSR in 1928; 6) informational establishes the main directions of activity on the development of the information sphere in relation to the relations related to the protection, use and reproduction of natural objects; 7) historical and cultural related to the need to raise the level of society's culture, knowledge of history and the role of natural objects in preserving nature; 8) the ideological found in Soviet times by consolidating the Constitution of the Ukrainian SSR in 1978, which stated that natural objects are a national property, are only owned by a socialist state and can not be transferred for private use; 9) educational is related to the improvement of the population, especially young people, views on the protection of nature, reflected in various provisions of legal acts. It is shown that in laws adopted in the Soviet and independent Ukraine a significant amount of material was devoted to security and management functions, the tendency of the gradual complication of the structure of legal acts was proved, which changed with time for simpler and more accessible for practical use. An important characteristic of normative legal acts is their features, which allow to characterize in detail the essence of this phenomenon. Among the features include the following: 1) the reflection of public interests; 2) structure, documentary form of consolidation; 3) content; 4) the adoption by the state body, in the prescribed manner; 5) obligatory to perform, 6) it is provided by the system of state guarantees; 7) publication in special editions, operates in time, space and in relation to the circle of persons; 8) presence of legal force.

51-67

Authors: Izarova I. О., Prytyka Y. D.

As a result of the reform of the Ukrainian civil procedural law in 2017, civil justice has undergone significant changes – in courts of first instance may consider civil cases in a general procedure or in a simplified order. At the same time, the simplified procedure provides for two options: ordinary proceedings with court hearings or written proceedings, in which case proceedings are conducted without summoning of parties and without a court hearings. A generalization of the court practice of the courts of first instance, as a result of the analysis of 258 court decisions of first instance courts, approved during 2018 and available for research on the Single court decisions system website, provides an opportunity to highlight the most pressing issues arising in judicial practice and to suggest ways of their solution. Consequently, the problem of differentiation and the determination by courts of grounds for the consideration of civil cases is the subject of our attention in this article. To summarize, it was noted that court decisions mentioned in this part lack references to Part 1 of Art. 11 and Part 3 of Art. 274 CPC 2017 and, therefore, have no explanation as to why the case is being considered under simplified procedure and is classified as small claim or as a case which priority is a quick resolution of the case. In particular, these are cases concerning housing rights of citizens, recovery of alimony payments for the maintenance of young children, and the determination of the place of residence of young children. Authors concluded that in the legislation of other states, cases which are considered under simplified procedure are differentiated according to the value of claim, as well as to the specific category (Civil Procedures Rules 26.6 and 27.1, any claims with a value not exceeding 10,000 pounds, with special conditions concerning claims for damages revocation and claims of a tenant of a residential property to a lessor). At the same time, when deciding on the procedure for consideration of a case, the provisions of Part 1 of Art. 11 and part 3 of Article 274 should be used based on the principle of proportionality of civil proceedings and para 2 of Part 4 of Art 19 CPC 2017. In view of this, it is considered appropriate to draw attention to motivating the courts` decisions, as well as wider application of the provisions of the principles of proportionality of civil judicial proceedings and cooperation between the parties and the court to ensure the realization of the main task - effective protection of violated claimant`s rights.

80-91

Authors: Yatsenko S. S.

The introduction of the temporary administration gives the Deposit Guarantee Fund not only the full and exclusive right to manage a banking institution, but also the right to dispose of them. Due to this, the Fund sold, and the Ministry of Finance of Ukraine acquired one hundred percent of the shares of «Privatbank». The conclusion of this agreement was preceded by recognition of the bank as insolvent, consideration of the issue of threats to national security at a meeting of the National Security and Defense Council of Ukraine, and a meeting of the Cabinet of Ministers of Ukraine about accepting the National Bank’s proposal to buy out a banking institution. Given this, it is worth noting that the nationalization of «Privatbank» began with the introduction of a temporary administration, and it ended with the state registration of ownership rights to the company's shares. Nationalization is a violation of the right to peaceful possession of property and the right to respect for private and family life because the right to engage in commercial activity is in the private sphere, business premises are, according to the practice of the European Court of Human Rights, in the category «home» And the shares of the company belong to the category of«property», taking into account Article 1 of the Protocol to the Convention on the Protection of Human Rights and Fundamental Freedoms. These rights are not absolute, thus there is the question of determining the legitimacy and proportionality of governmental intervention in their implementation. Affiliation of «Privatbank» to systemically important may indirectly indicate the presence of public interest in interfering with the rights of bank owners for prevention a financial crisis. Also, the consideration of this issue at a meeting of the Council of National Security and Defense of Ukraine is intended to aggravate the significance of the problem. The public cannot provide these events with a proper assessment due to the secrecy of all relevant information: the National Bank of Ukraine and the National Security and Defense Council of Ukraine refused to provide any information.

106-117

Authors: Yaroshenko O. M.

In accordance with the Constitution of Ukraine of 1996, the state ensures social orientation of the economy (Part 4, Article 13). This, in its turn, is the basis for the implementation of numerous social rights of citizens, in particular to (1) wages, not lower than that established by law (Article 43), (2) social protection (Article 46), and (3) sufficient standard of living for themselves and their families (Article 48). These norms of the Basic Law are implemented by the state social standards and state social guarantees provided for by the current legislation. However, the current national legislation defining the legal framework for the formation and application of the state social standards and norms aimed at implementing the basic social guarantees enshrined in the Constitution and the laws of Ukraine does not contain a clear and unambiguous answer to the questions of what is a sufficient standard of living, what is the content of the relevant right, and how it is implemented. The analysis of international documents has shown that to designate actually the same phenomenon different terms are used: “sufficient standard of living”; “decent living standard”; “the standard of living necessary for the maintenance of health and well-being”; “adequate social protection”. It is clear that a sufficient standard of living is not a stated quantity, since it varies depending on socio-economic and other factors. The task of the state is to create the proper conditions for a person so that he/she can by one’s own work provide a decent material base for oneself and for the family. The position is advocated that it is more correct to speak not about sufficient but about decent standard of living, since in the first case we talk about a level that actually corresponds to the minimum human needs (that is, equal to or higher than the human poverty line), the importance of the second is that it is the level that goes out from the fact that a person is the highest social value. It is the dignity that allows a person to feel self-respect and realize one’s own social value. This position should be fixed in Article 48 of the Constitution of Ukraine.

129-139

Authors: Shvets N. M.

Analysed the key role of the trade union in the procedure for exercising the right to strike by employees. A mechanism has been proposed for determining the representative body that will lead the strike if several trade unions work at the enterprise at the same time. It was recommended to the participants of the strike to develop the Provision on the strike fund in order to cover the losses caused to the employer by the illegal strike; compensation for wages lost during a strike to strikers. The trade union should manage the fund; reporting to the strikers about the money of this fund. Within the framework of the proposed Provision it is expedient to provide functional powers of the treasurer of the strike fund, which will act as an accountant on a voluntary basis. Has been proposed to give the trade union or other body (person), leading the strike the right, to suspend the strike. Suspending the strike is useful because after its restoration, employees will not have to go through all the procedural moments of the announcement from the very beginning of the strike. We believe that a prevention strike can be a preventive measure, that will encourage an employer to take action for prevent the negative consequences of prolonged strikes. It is unacceptable to unjustifiably squeeze union members if the latter leads the strike, regardless of the lawfulness or illegality of the latter. The normal microclimate within the enterprise where the strike took place must be preserved; it is advisable to seek to optimally balance the interests of the employer and the employees. And for this, the parties to the social-labour relations have to hear each other during negotiations.

152-168

Authors: Shapoval Roman Volodymyrovych, Solntseva Khrystyna Volodymyrivna

Considering the development of civil society as the driving force of the reform of the civil (public) service as a personalized basis for ensuring public administration in various spheres of social and political activity, in this study, the civil service is characterized by the prism of its implementation in the national defense sector. Analyzing the current domestic and foreign legislation, the following features of the civil service were distinguished: the two levels – the internal (staffing of the service) and the external (tasks and functions in the national defense sector); connection with militarized service; a supporting role in the implementation of the main tasks by specially authorized actors (their officials), etc. The legal regulation of the civil service in the national defense sector of Ukraine is characterized by dualism, which consists in regulating the issues of its passage in two directions: the general (Law of Ukraine «On Civil Service») and the special (for example, the Law of Ukraine «On Prosecutor's Office»). Particular attention during the study is given to foreign experience in this field, based on comparison of such service in Ukraine and Lithuania. Such dualism is inherent in the legal regulation of civil service in the system of national defense of Lithuania. In addition, both in Ukraine and in Lithuania, it plays a very important role for the implementation of an effective defense policy of the state. With radical comparative analysis of regulatory and legal bases, the imperfect legal regulation of relations that arise in this area in Ukraine has become apparent. National legislation on civil service in the national defense sector needs improvement by supplementing the Law of Ukraine «On Defense of Ukraine» with the provisions on civil service in the field of defense and, in connection with this change, other normative and legal acts in this area require the bringing in of conformity. Proper legal consolidation in Ukraine also requires the administrative and legal status of civil servants of the defense industry and the status of citizens and public associations that voluntarily participate in the provision of national security and defense. Establishing in Ukraine at the legislative level of a clearly defined notion of «civil service in the field of national defense» will, to a certain extent, help to regulate relations in the course of such service and avoid problems in law enforcement practice.

179-192

Authors: Ponomarenko Yu. A.

The article is devoted to the study of the criminal consequences of the introduction of martial law in Ukraine. Based on a systematic analysis of the provisions of the current criminal law, other laws of Ukraine, and a critical assessment of the achievements of Ukrainian criminal law science, the author identifies and analyzes seven criminal legal consequences. First, attention is drawn to the fact that the Criminal Code of Ukraine establishes criminal-law consequences solely for cases of imposition of martial law and does not determine them for cases of wartime. Secondly, the author has determined the exact time limits for the existence of martial law, certain moments of its introduction and termination. Thirdly, it was concluded that the lawful restriction of human rights or freedoms, committed in accordance with the law on martial law, is a circumstance precluding the criminality of the act. This circumstance is not provided for by the Criminal Code of Ukraine and has its own grounds and characteristics, determined by special laws. Fourthly, the place of such a sign as the commission of a crime “in the conditions of martial law” in the system of signs of corpus delicti is established. In contrast to the judgment expressed in the literature, it has been proved that this feature relates to time, and not to the setting of a crime. Fifth, certain qualifications of continuing and ongoing crimes are partly committed during, and partly not during martial law. It has been established that a continuing crime can be qualified as committed during martial law, when it was started during martial law, and continued as when the last of the acts that constitute it were committed during martial law. Sixth, certain features of exemption from criminal responsibility in connection with the introduction and cancellation of martial law. In particular, the prerequisites and grounds for exemption from criminal liability for transferring to the side of the enemy in martial law conditions (part 2 of article 111 of the Criminal Code) are defined and cases where the termination of martial law may indicate a loss of public danger (article 48 of the Criminal Code) . Seventh, rules are formulated to account for the commission of a crime using martial law conditions as an aggravating circumstance. Cases when courts can and cases when it is forbidden to courts to consider this circumstance as such, aggravating punishment are defined. Based on the study, recommendations on the practice of applying certain provisions of the criminal law during martial law were formulated, and it was concluded that considering such practices would give impetus to the continuation of scientific research in this area. Separately set out proposals for the legislator to improve the provisions of the Criminal Code of Ukraine, should be applied during martial law.

205-214

Authors: Barabash T. O.

The article examines the activity of the advocacy as a non-governmental, self-governing institute, the peculiarities of providing services of a representative nature, and the protection of individuals and legal entities. It is proved that due to the specifics of the activity, lawyers must adhere to certain rules of lawyer's ethics, which can be considered as one of the main professional duties. The domestic and foreign legislation regulating advocacy is analyzed, and the principles of lawyer's ethics, the main works of scientists dealing with ethics of the advocate are researched. The proposals on amendments and additions to the current legislation regulating advocacy activity are provided. The paper also focuses on the issue of liability for violation of lawyer's ethics. It is proved that in the conditions of Ukraine's desire to become a full member of the European Union, it is necessary to strive for the approximation of domestic legislation to the legislation of the European Union It is worthwhile to make changes to the current legislation, based on the fact that the term "client" used to designate one of the subjects of the legal relationship is not very sonorous, is widely used in other relationships (in a completely different sense) and does not meet the norms ethics.

225-243

Authors: Saulius Katuoka, Skirmantė Klumbytė

The aim of the article is to give an international legal assessment to Kerch Strait incident of 25 November 2018. The article deals with such issues in detail: Description of events, Scope of the discussion, Rights of navigation in the Kerch Strait (Rights under UNCLOS and Rights under the 2003 Cooperation Agreement), Denunciation / Termination of the Agreement between Ukraine and Russian Federation on cooperation in the use of the Sea of Azov and the Strait of Kerch (2003), Other violations of UNCLOS and Conclusions.

256-267

Authors: Shkurko V. I.

The article is devoted to the study of the history of the formation and development of legal regulation of cooperation between EU Member States оn combating legalization of illegally obtained incomes (money laundering). Such an analysis is relevant, since it provides an opportunity to follow the evolution of such cooperation and ways to improve the forms and mechanisms of collective activity of states in this area, which can serve as a model for best practices aimed at increasing the efficiency of both national measures to combat money laundering and those which can be applied in other regional institutions. It was stated that the legal regulation of the EU's activities in the field of struggle against “dirty money” developed on the basis of legal developments, which was formed and continues to evolve at the universal international legal level and within the framework of the Council of Europe. It has been found that the specifics of the regulation of the combating money laundering in the European Union are due both to the level of integration of its Member States and to the peculiarities of regulation of issues that are the subject of their common interest. Attention is drawn to the fact that the creation of a common market has encouraged Member States to find an optimal model for ensuring its normal and safe functioning. Therefore, despite the fact that the fight against crime is primarily the competence of each Member State, and the joint solution of problems in this area takes place through the use of intergovernmental methods of cooperation, the Union, nevertheless, introduces in relation to counteracting the legalization of funds obtained illegally, supranational regulation through the adoption of directives. The latest directives take into account current trends in financial crime, committed with the use of the latest technologies and often with the participation of transnational criminal organizations.

18-32

Authors: Karnaukh B. P.

The article is devoted to the study of problems associated with the use of foreign currency in loan agreements between physical persons. It is concluded that two situations should be distinguished: first, when a foreign currency constitutes the subject of an obligation; second, when the subject of an obligation is a national currency, and an indication of the equivalent in foreign currency should be regarded as an implied currency clause. In order conclude which exact situation is at hand in a particular case the court has to find out in which currency the loan was given to the borrower. As long as the borrower gets the loan in foreign currency, he is obliged to return the money in the same foreign currency. But whenever the court finds out that the loan in fact was given in national currency the question arises: how to treat the fact that in the obligatory writing two currencies are mentioned. First option: the mention of foreign currency can be disregarded as being made inter alia. Second option: it can be treated as an implied monetary clause, pursuant to which the sum of money to be returned in national currency cannot be less than agreed sum in foreign currency converted according the rate of exchange prevailing at the day of payment. It is concluded that the second option is more plausible. Special attention is payed to the problem of defining the exact rate of exchange that has to be applied in a case when the borrower fails to perform the obligation. It is concluded that existing rule (under which the rate of exchange prevailing at the day of court decision applies) is not optimal, since whenever the foreign currency depreciates this rule in fact encourage the borrower to delay payment. Therefore it is proposed to set the rule under which in case of non-performance the creditor could choose between the two rates of exchange: prevailing at the date of due payment or prevailing at the date of actual payment.

45-59

Authors: Malolitneva V. K., Lillemiae O. E.

The present article is devoted to the problems of horizontal aims implementation in public procurement, in particular in the field of environmental and social protection, within the framework of state aid rules. The authors give special consideration to the problems of applying a “purchaser’s test on market conditions” to determine whether there is an unjustified economic advantage in procurement with horizontal goals, as it is generally assumed that in such procurement contracting authorities pay a higher price that it would have had to pay without the use of the horizontal criteria. Such overcompensation could put the economic operators at a competitive advantage. For the purpose of defining whether public procurement with horizontal aim involves state aid the article dwells on the influence of the distinction between public procurement with horizontal policy which is related to the subject matter of the awarded contract and which is not. The study indicates that public procurement with horizontal measure which does not relate to the subject matter will probably entails the obligation of contracting authorities to assess if such procurement is in conformity with state aid rules. The article provides an in-depth analysis of the European Union (EU) experience and cases of the Court of Justice of the EU in determining the ratio of public procurement and state aid, and the decisions whether public procurement with horizontal objectives constitutes state aid which distorts competition. The authors elaborate recommendations for contracting authorities and the Antimonopoly Committee of Ukraine how to determine whether procurement of horizontal objectives constitutes state aid that may distort or threaten to distort economic competition.

71-80

Authors: Yaroshenko O. M.

In the article the author proceeds from the fact that in modern conditions an employee must meet the high requirements for his professionalism and competence, knowledge and experience, personal, business and physical qualities. Professional-business qualities are a set of professional means by which an employee is able to perform the labor function assigned to him in a qualitative and timely manner. It is proved that one of the main guarantees in the conclusion of an employment contract is the prohibition of groundless refusal to an employment. The latter is interpreted as unmotivated or motivated with the reference to the circumstances that do not belong to the professional and business qualities of an employee, the employer’s refusal to an employee in concluding an employment contract with him. The position is advocated about the legislative fixing of the norm by which an employer may refuse an employee to employ that is only as follows: a) absence of vacant positions; b) insufficiency or lack of appropriate qualifications in the person seeking an employment; c) presence of restrictions established by the legislation on employment; d) presence of restrictions on medical indicators. In all other cases, the refusal to employ an employee should be considered as contradictory to Labor law.

93-99

Authors: Lisova T. V

In the conditions of a significant deterioration of the quality of land in Ukraine, the intensification of pollution of land, the development of erosive processes, special attention needs theoretical issues in the field of relations of the restoration of land. Particular attention deserves the subjects of legal relations of the restoration of land. Legal problems of land restoration are extremely relevant in modern conditions. In the context of the above, it is expedient to distinguish the works of domestic scholars, however, some theoretical questions regarding the legal status of subjects of legal relations in the field of restoration of land need further research. Consequently, the legal status of the subject of land relations depends to a certain extent on the features of the object of legal relations. Thus, in the case of conservation of degraded and unproductive land plots, there is a cessation of their economic use for a certain period of time and their entraining or afforestation. Consequently, owners and land users lose the right to use the land for a certain period of time. Thus, legal entities in the sphere of land restoration should be considered as citizens and legal entities, which have certain rights and responsibilities for the restoration of land. Both the owners and the land users are obliged not only to increase the soil fertility and to preserve other useful properties of the land, but also to bring the land plot in its previous state in case of illegal alteration of the relief. In this case, it is a question of the disturbed lands that have undergone certain changes in the structure of the relief as a result of mining, geological exploration, construction and other work, lost their original quality status and productivity.

109-119

Authors: Boyko I. V.

The article states that the real judicial protection of subjective public rights is associated with the execution of a court decision adopted in favor of a private individual. The principle of binding judgments, adopted by administrative courts, requires that the final judicial decision is performed voluntarily or in a forced manner. It was clarified that the final court decisions in administrative cases should be executed – decisions of the court of first instance, decisions of the court of appeals and cassation instances, which became legally binding, on the obligation to pass the act, to act (in particular, to make payments), to abstain from active behavior are also subject to execution of court orders, which obliges the participants of the case and other persons to perform certain actions. Execution of court decisions, which resolved a public legal dispute substantively, is considered as the stage of the trial. Compliance with the administrative court decisions does not constitute the final stage of the trial, as only procedural issues of consideration of the case are resolved. t is offered to execute court decisions in administrative cases as acts of execution, refusal from their commission, decision-making by obligated subjects – defendants in the case, plaintiffs or other persons who are authorized to take actions and to accept acts for execution of the final court decision. The circle of subjects of execution of court decisions in administrative affairs is defined. It is analyzed, which of them can execute a court decision voluntarily, without third-party influence, and which obliges the compulsory execution of such decisions. Legislation on enforcement of judicial decisions in administrative cases consists of the Constitution of Ukraine, which contains the principle of binding judgments, the Code of Administrative Legal Proceedings of Ukraine and a number of other.

138-152

Authors: Radutniy Oleksandr Eduardovych

Today there is a powerful challenge to legal doctrine. It is associated with outspreading into all spheres of life by artificial intelligence and new technologies (blockchain, artificial improving of the biological body and human abilities). In this regard, it is necessary to resolve a number of important issues concerning the possibility of recognizing artificial intelligence as the subject (person) of the legal relationship and the subject (person) of the crime, the qualification of the actions of the improved human and encroachment on him, finding the person of responsibility for decentralized legal entities.

170-178

Authors: Kaplina O. V.

The article deals with the issues of determination and distribution of court costs during criminal proceedings. On the basis of the generalization of judicial practice, it was concluded that there was no unity in the approaches to determining the types of procedural costs in criminal procedure, the assignment of litigation fees to court costs. The terminology used in the criminal procedural and civil procedural legislation is analyzed. This gave the possibility to state the inappropriateness of identifying the concepts of «procedural expenses» and «court costs», because the latter are broader concept, since in civil proceedings the court costs include litigation fees and expenses which are connected with the hearing of the case. It is concluded that it is inappropriate to charge the litigation fee from the victim, who submit to the accused the civil action in criminal proceeding, and in connection with this the charge from the accused the litigation fees as a procedural expense.

190-195

Authors: Plancius Isplancius

East Timor which has now become an independent and sovereign State of Timor Leste in 2002 still leaves humanitarian problems namely human rights violations related to the claims of former East Timor independence fighters who still become refugees at East Nusa Tenggara (NTT) after helping the Indonesian government fight under their leader, Eurico Guterres since integrated with Indonesia by means of Balibo Declaration in 1976 and hence Indonesia succeeded to make the East Timor region as the 27th Indonesian province. The issue that arises now is about the status of former East Timor independence fighters at NTT and the responsibility of the Indonesian government according to human rights law. This paper aims to find out the citizenship status of former East Timor independence fighters at NTT and what should be the responsibility of the Indonesian government toward their claims. The research method used is normative juridical with case and human rights law approaches based on qualitative analysis. Based on the results of the discussion, it was concluded that in the system of modern human rights law that has been practiced by the United Nations, the Indonesian government as the duties bearer has 5 (five) obligations, namely the obligation to respect, protect, fulfill the human rights of the people, promote human rights and punish everyone who violates human rights. Having that former East Timor independence fighters had ever given advantage to Indonesia, the government should fulfill their human rights claims by means of providing facilities for the former East Timor independence fighters to obtain Indonesian citizenship status. Indonesia should also asked apologize to Timor Leste and work together to ask United Nations Organization to abolish the 403 names of former East Timor independence fighters from the black list of human rights serious crimes. The Indonesian government is also expected to immediately give compensation to 13.000 of the former East Timor independence fighters and let their children to become members of army, police and civil servant in Indonesia.