bluuebunny/crossref_metadata_2025 huggingface dataset:
Methodology of legal phenomenon research: concept, structure, tools
Authors: Kopcha Vasyl
Published: June 2020

This article is aimed at exploring the methodology of the legal phenomenon. Particular attention was paid to such aspects as clarifying the main approaches to understanding the methodology and how it relates to the research methodology; study of the scope and structure of the concept of methodology; outlining the main research methods.

The author draws conclusions from the results of the study. First, the methodology for the study of legal phenomena needs to be updated based on a change in the legal paradigm associated with the understanding of law (relation to the state and its functions) and the formation of legal reality at the beginning of the 21st century both at national and international level. the legal aspect. Secondly, the current methodology of legal research continues to be in the co-ordinates of an important dilemma regarding the correlation of "purely" legal research methods and so-called "interdisciplinary" approaches. Third, the methodological tools (specific research methods) of legal science remain inexhaustible in content and, in particular, in the possible combinations of their application to achieve a cognitive result. The extension of their catalog is influenced by the development of jurisprudence and other sciences, their epistemological components, and the processes of globalization and internationalization of legal life.

Concerning the optimal research methodology (as opposed to its methodology), it should be noted that in the course of legal research the algorithm of actions is as follows: 1) selection of the research coordination center; 2) literature review; 3) hypothesis formulation; 4) research design; 5) data collection; 6) data analysis; 7) interpretation of data; report. Of course, it should be borne in mind that law is not in a vacuum, it operates in a complex social context. It reflects and controls attitudes and behaviors. However, as these rules are also temporal and spatial, that is, they change with time and space, it is desirable that law can adapt and be dynamic to cope with change. Important is the social audit of law (law) in order to identify the distance between the legal ideal and social reality, as well as to find out the reasons that led them. After all, legal research is a systematic understanding of law in order to improve it and, given that law operates in society, in the process they influence one another.
Negative factors affecting the development of legal and political cultures: before the problem
Authors: Minkovich-Slobodianik Olena
Published: June 2020

In this article we have tried to analyze the negative factors that affect the development of legal and political cultures and are common to them. Any negative factors that exist in civil society are also reflected in the legal and political cultures. One of these factors, in our view, is corruption. In general, corruption is in he rent in any state and any society because it is connected with the human nature, greed and in ability to deny it self and stop in time, therefore, in our view, corruption as well as crime in general can not be over come – they can be substantially reduced. Level but not eradicate. Ukraine today declares its political and legal path to wards Europe, its values ​​and humanistic ideas. The persistent corruption crisis, which has been going on for quite sometime in our country, requires deep social reforms that must first and fore most affect people's consciousness and their social standard of living.

It is no better in the political sphere, because today we do not even have a legal definition of the concept of "political corruption"; Today's society is characterized by some ambivalence, we have the same problem in the political sphere as in the legal sphere, namely, on the one hand citizens "cry" about the need to fight corruption, on the other – by all means "help" its prosperity by finding all the time for it self justification, fearing "reprisals", simply be having marginally. Thus, we lose one of the main elements of political consciousness - motivation.

Another serious negative factor affecting the development of legal and political cultures is nihilism. Since nihilism is itself a rejection of values, in our case legal, it is quite understandable that languages, not only about the high, but at least satisfactory, state of legal culture cannot be. The spread of legal nihilism in our society has become possible not only because of an unsatisfactory level of lawmaking and enforcement, but also through appropriate political decisions that precede it. In this context, we can say that legal nihilism is characteristic not only of ordinary citizens, but in most of our politicians, top officials who constantly broadcast to the general public their disrespect for the Law. As a result, in the political sphere, this leads to a total distrust of the people in the political establishment of Ukraine, marginal behavior, the pursuit of screen leaders, and as a result of deformation of political consciousness and a decrease in the level of political culture as a whole.

As a result of this study, it becomes clear that legal and political culture have common factors that depend on both the speed of their development and the qualitative component.
Criteria for the effectiveness of normative legal regulation of the right to freedom of creativity in Ukraine
Authors: Opolska Natalia
Published: June 2020

The article presents the result of determining the effectiveness of normative legal regulation of the right to freedom of creativity. It is established that the criteria of effectiveness are: a) the perfection of legal regulation of the right to freedom of creativity; b) conformity of normative legal acts in the sphere of the right to freedom of creativity with socio-economic and political realities, possibilities of exercising the norms of the right of creative competences enshrined therein and their protection in court; c) reduction of imperative, imperative methods of regulation by increasing the dispositive methods; d) a clear definition of the types of legal responsibility for the violation of the right to freedom of creativity. As a result of the theoretical modeling of the evaluation of the effectiveness of the normative legal regulation of the right to creativity in Ukraine, it is proposed to amend the legislation.

It is proved that Article 54 of the Constitution of Ukraine should be set out in the following wording: types of intellectual activity. Everyone is guaranteed the right to the results of his intellectual, creative activity; no one may use or distribute them without his or her consent, except as provided by law. The state contributes to the development of all kinds of creative activity, establishing appropriate ties of Ukraine with the world community. Cultural heritage is protected by law. The state ensures the preservation of historical monuments and other objects of cultural value, takes measures to return to Ukraine cultural values of the people who are beyond its borders. "

It is substantiated that these changes will enhance the effectiveness of ensuring the right to freedom of creativity in terms of creating a scientifically sound system of legislation and its ability to ensure that the real needs and interests of the subjects of law are harmonized.

The inconsistency of normative legal acts in the sphere of the right to freedom of creativity with socio-economic and political realities has been proved. There is a lack of effective socio-economic support for creators, creative unions and associations. It is substantiated that tendencies of socio-economic development should be directed to the development of science, technology, and culture.

It is noted that the absence of a definition of the concept of academic responsibility in the legislation testifies to the lack of a clear definition of the types of legal responsibility for violations in the field of the right to creative work.
Tendencies in the transformation of the legal foundations of European integration of Ukraine at the present stage
Authors: Perederii Oleksandr
Published: June 2020

The article presents and reveals the main tendencies of transformation of the legislative foundations of European integration of Ukraine at the present stage of state formation. While analyzing the problems of implementation of the Association Agreement between Ukraine and the European Union, the author highlights and reveals the content of three main tendencies that are characteristic for the development of the legislative basis of the European integration policy. In particular, the expanding of the current Constitution of Ukraine with the rules on the irreversibility of the European integration course, updating of normative documents regulating the planned character and gradual implementation of the provisions of the Association Agreement, amending the current version of the Association Agreement in order to update its provisions.

 The attention is drawn to the fact that the modification of the legislative foundations of Ukraine's European integration course is an important political and legal factor for the transformation of not only the system of the legal system of the state in the formal sense, but also of the legal consciousness of the broad masses of the population. This is explained by the phenomenon of the action of so-called «future law». In practical terms, such a phenomenon manifests itself in the fact that in the society on the mental level there is an increasing level of expectations from the state to activate pro-European policy, further reforming of the national law in the direction of implementation of European models of social regulation. Accordingly, there is an impact on the minds of people by "future norms of law", which are designed to regulate social relations, which are just beginning to emerge.

          Further priorities of expanding the legislative foundations of Ukraine's European integration are outlined. In particular, it is the optimization of the mechanism of substantial realization of European integration transformations in the practice of national state administration, as well as the preparation of legislative support to overcome the global political risks and economic threats that may occur in connection with the implementation of the Association Agreement. First of all, Ukraine should develop and accumulate the practice of applying the legislation in the sphere of increasing the investment attractiveness of Ukraine, guaranteeing the legal protection of foreign investments, adjusting the national manufacturing sector of Ukraine to the EU requirements, harmonizing the national model of legal regulation of the labor market with the EU, enhancing the institutional focus of the Ukrainian authorities to implement the EU Directives.
Functions of constitutional and legal responsibility: problems of conceptualisations
Authors: Batanova Nataliia
Published: June 2020

The article considers the problems of the theory of functions of constitutional and legal responsibility. The characteristic features of the functions of constitutional and legal responsibility are analyzed. It substantiates the correlation and relationship between the functions of constitutional and legal responsibility and the functions of the Constitution, the functions of constitutional law, the functions of the state, etc.

It is proved that the functions of constitutional and legal responsibility are characterized by legal features that reveal the essence and content of this category, in particular: 1) express the nature and content of this type of legal responsibility, its purpose in society and the state, as well as its place in the system of protection of the Constitution and constitutional order; 2) interrelated with the main functions of the state; 3) is an active way of acting of constitutional and legal responsibility and constitutional law as a whole (its principles, tasks, functions); 4) having an objective nature, on the one hand, is a form of purposeful willful behavior or activity of the subjects of constitutional liability and constitutional law in general (subjects of instances of constitutional responsibility and subjects of violators of constitutional law and order (delinquents)), and, on the other hand, the system of legal states that give rise to the constitutional rights and obligations of participants in constitutional-controversial and constitutional-conflict relations; 5) directly related to the system of constitutional law institutions (people, state, elections and referendums, bodies and officials of state power and local self-government, people and citizens, territorial hromadas, political parties, etc.); 6) are in synergy with the sources of constitutional law as a branch of law (above all the Constitution and its functions); 7) directly affect the constitutional and legal relations (first of all, constitutionally-controversial and constitutional-conflict) and their properties, subject-object composition, constitutional legal facts; 8)are organically related to the functions of constitutional law as a legal science and academic discipline and the like, etc.

The definition of the concept of the functions of constitutional legal responsibility as the main normative and organizationally secured areas and types of its influence on the constitutional and legal relations with the purpose of protection of the Constitution, restoration of the constitutional order and proper fulfilment of tasks, functions and powers of the subjects of these relations, constitutional disputes between them and overcoming constitutional conflicts is formulated.
Legitimacy of State Bodies involved in Citizenship Issues (Ukraine)
Authors: Surzhynskyi Maksym
Published: June 2020

In the extremely difficult conditions of today, the problems of citizenship for Ukraine have become extremely relevant, becoming one of the factors affecting the state of ensuring its national security. This includes the problem of understanding the legitimacy of the state bodies involved in addressing citizenship issues.

         Legitimacy and legality are the main features that characterize the state bodies involved in addressing citizenship issues. However, legitimacy is not synonymous with legality.

         The legality of state bodies involved in resolving citizenship issues is purely legal in nature and expresses the formal conformity of their creation and operation of law, that is, legal legitimacy.

         The legitimacy of state bodies involved in citizenship matters means that they are supported by society.

         Legitimacy is derived from the process of legitimation, after which the state bodies involved in resolving citizenship issues acquire the status of legitimacy.

         According to the Law of Ukraine "On Citizenship of Ukraine" of January 18, 2001, the state bodies involved in the decision of citizenship include: President of Ukraine, Commission under the President of Ukraine on Citizenship, the central executive body implementing state policy in citizenship and its subordinate bodies, the Ministry of Foreign Affairs of Ukraine, diplomatic missions and consular posts of Ukraine.

         The current legislation on citizenship of Ukraine not only legalizes the system of state bodies involved in solving citizenship issues, but also legitimizes their actions.
Electoral branch of power in modern Ukraine
Authors: Taroyeva Vlada
Published: June 2020

The article introduces that the electoral branch is gradually being formed into an independent branch of state power in Ukraine, in which special state authorities operate. The electoral branch is already a component of the separation of powers in a modern state, and this is an important guarantee of the rule of law and of the condition for the democratic functioning of state power. The electoral branch is becoming an integral component of the separation of powers mechanism. The development of Ukrainian statehood actualizes the need for appropriate scientific support for the institutionalization of power and legal regulation of its realization. The electoral branch as a branch of state power represents the powers to conduct preparing and holding elections and referenda, as well as to ensure, exercise and protect the voting rights and the right of citizens of a certain state to participate in a referendum, as well as the system of electoral bodies of different levels exercising these powers.

In Ukraine, electoral commissions led by the Central Electoral Commission (CEC) are special electoral authorities. Here we are faced with the problem of determining the nature of electoral commissions, and therefore the institutionalization of the electoral branch in Ukraine. The CEC of Ukraine is a permanent state collegial body vested with the power to organize preparing and holding elections to the public authorities. The main task of the CEC of Ukraine is to ensure the realization and protection of constitutional sovereign rights of citizens to elect authorities, to participate in referenda, as well as to express their will. In order to fulfill its responsibilities, the CEC is endowed with rights and powers allowing the involvement of public authorities of all levels in the electoral campaign process. The CEC is an independent and autonomous body, financed exclusively by the budget.

In the modern world, electoral branch has been institutionalized through the electoral authorities in many states, and in some of them it has been constitutionalized, that is, it has been enshrined in the legislation and in the constitution.

Similar processes are taking place in modern Ukraine. The creation of the theoretical foundations of the electoral branch from the viewpoint of general theoretical legal science and constitutional legal science will enable to raise the question of enshrining the electoral branch as a branch of state power in the Constitution of Ukraine.
Tax legal education of citizens as a factor in ensuring tax security of Ukraine
Authors: Kolomiiets Pavlo
Published: June 2020

The statement of the problem of this research is conditioned by the results of the monitoring conducted by the author of the article on the quality of provision of educational services in the field of tax education and tax education to Ukrainian citizens, “the state of which does not satisfy the requirements that it faces in terms of building Ukrainian statehood, cultural and spiritual revival of the Ukrainian people. This is manifested primarily in the inadequacy of education to the needs of the individual, the social needs and worldly achievements of mankind; in the devaluation of the social prestige of education and intellectual activity; in distorting the goals and functions of education; bureaucratization of all links in the educational system. The dynamism inherent in modern civilization, the growth of the social role of the individual, the humanization and democratization of society, the intellectualization of labor, the rapid change of technology and technology all over the world, all require the creation of such conditions under which the people of Ukraine would become a constantly learning nation.”. The fundamental relevance of the investigated issues is, first of all, directly related to the official recognition that the directions of education development conducted during the 29 years of our country were not sufficiently systematic and complex in nature and therefore did not contribute to the formation of a comprehensive state policy in the field of education. Therefore, the relevance of the problem of improving the quality of tax, tax education and education of Ukrainian citizens is extremely important. The study is conditioned by the results of the monitoring conducted by the author of this article on the quality of provision of educational services in the field of tax education and tax education to Ukrainian citizens. Creating an actionable, real-life, small, compact and effective Tax Code of Ukraine will become a major source of tax knowledge and tax culture.
The role of public authorities in the development of the land market in Ukraine: organizational and legal aspect
Authors: Oкhotnikova Olena , Lutsenko Iryna
Published: June 2020

The question of the feasibility of becoming a land market in Ukraine has become particularly relevant in view of the European integration processes taking place in the country today and remains one of the most debated in Ukraine.

Based on these considerations, the purpose of this article is to expose the role of public authority in the development of the land market in Ukraine.

Also, in order to avoid duplication of functions by executive authorities and local self-government bodies, in our opinion, it is necessary to create a State Service for Land Management and Land Protection. In doing so, the Ministry of Agrarian Policy and Food of Ukraine, the State Service of Ukraine for Geodesy, Cartography and Cadastre should delegate to the Service tasks, functions for the organization and control of the land market, which is the main and the only direction in this field. The State Land Management and Land Conservation Service can only have such powers that will be used to meet state needs and not the departmental interests of the authority or the interests of its individual officials.

We also propose to adopt the Law of Ukraine "On the State Service for Land Management and Land Protection", which will reveal the organizational and legal mechanism of activity of the authorities, define guarantees for the protection of Ukrainian peasants, and regulate and control the land market in Ukraine.

Introducing the agricultural land market, we have every opportunity to regulate the rules of existence and functioning of the land market in such a way as to give the public authorities the opportunity to realize the ownership of land guaranteed by the Constitution, namely local self-government bodies.

Thus, successful foreign experience leads to the conclusion that, on the one hand, it is necessary to balance the interests and guarantees of producers working on land, and on the other - to protect the interests of its owners. In order to increase the investment attractiveness and economic return of agricultural land, it is necessary to improve the mechanism of their lease.

The problem of the role of public authorities in the field of land market development in Ukraine is not well understood, and the state of legal support for this problem needs further improvement to the relevant EU norms and standards.
Legal aspects of the programming budgeting development
Authors: Romanenko Ievgen
Published: June 2020

An article is devoted to the complex problem of the programming budgeting legislation aspects implementation in Ukraine and in the economically developed countries also. In Ukraine during the last two decades special legal documents were accepted in order to use the program-target method in the budgetary process regulation. Some of these documents are mentioned in this article. Taking into account the necessity of the legislation norms in the field of programming budgeting in Ukraine improvement, an international experience in the respective financial law sphere is important as a source of new ideas for the legislation norms in Ukraine further development and harmonization with legislation norms accepted in the economically developed countries also. That is why in this article programming budgeting international practice achievements and faults are analyzed. An attempt to concentrate attention on the respective problematic questions in the budgetary law sphere is undertaken. The characters of the administrative, centralized, model of the programming budgeting, which occur in the countries with the presidential form of govern, and also the contractive, decentralized, model of the programming budgeting, which occur in the countries with the considerable power of the parliament, are described. Attention is focused on the analysis of the accepted by the Organization for Economic Cooperation and Development programming budgeting classification, what includes the performance-oriented budgeting model, and also the performance budgeting models, namely: the presentational performance budgeting; the performance-informed budgeting; the direct performance budgeting. Comparative analysis of these models implementation shows that in order to reach positive result the financial law special acts were accepted in different countries. Taking into account the necessity of the public finance sphere organization improvement, it is reasonable for this purpose to concentrate attention on the performance-informed budgeting legislation development in Ukraine.
Classification of subjects of the system of prevention of administrative offenses of public administration officials
Authors: Rusaniuk Uliana
Published: June 2020

The article analyzes the theoretical approaches to the classification of subjects of administrative offenses prevention. This leads us to believe that both the subjects of administrative offenses, as well as the subjects of offenses committed by public administration officials, who constitute the system of prevention of offenses, are rather multilevel and complex.

The author proposes his own classification of subjects of prevention of administrative offenses committed by public administration officials. It is stated that the system of subjects of prevention of administrative offenses of officials of public administration bodies consists of state bodies, local self-government bodies, public associations and citizens. Their legislator has mandated to prevent and eliminate the causes, conditions that create a favorable environment for public officials to commit administrative offenses. They should also prevent such offenses from being performed by officials in the performance of their duties or actions that may induce them to commit an administrative offense.The most important criterias for the classification of subjects of prevention of administrative offenses of public administration officials are distinguished: 1) by structure; 2) subject to such competence for the prevention of administrative offenses by officials of public administration bodies; 3) by the levels of implementation of prevention of administrative offenses of public administration officials.

It is concluded that the subjects of prevention of administrative offenses of public administration officials are a rather complex element in the system of prevention of offenses. The proposed classification of these subjects accumulates the implementation of prevention administrative offenses of officials of public administration at different levels. At the same time, the proposal for legislative consolidation of the list of entities authorized to prevent administrative offenses by public administration officials remains open for discussion.
The grounds of the shareholder’s withdrawal from the limited liability companies and legal entities of the similar corporate forms: the comparative legal aspect
Authors: Smitiukh Andrii
Published: June 2020

The article presents the result of comparative legal studies of the grounds of the shareholder’s withdrawal from the limited liability companies as well as legal entities of the similar corporate forms provided by the laws of some countries (namely Armenia, Belarus, Belgium, Czech Republic, the Netherlands, Poland, Russian Federation, Switzerland, Turkey, Ukraine and the United Kingdom). It is concluded that in most legal systems the ground of the withdrawal is a set of facts composed of the main element – the declaration of will of the shareholder to terminate the corporate relationship of participation and an additional element of a subjective or objective nature. The aforesaid additional element of the objective nature in turn may be expressed by law in evaluation category or not. The additional elements of the set of facts composimng the ground of the withdrawal has been classified in the article. So, an additional element of the set of facts of the subjective nature is a declaration of will of the rest of shareholders to allow the shareholder’s withdrawal. An additional element of the set of facts of the subjective nature may be provided by law in a «simple» way as a circumstances established by the company’s articles of association or as an important decision of the general shareholders meeting objected by the minor shareholder or as a cause expressed by law in evaluation categories as a material breach of rights and interests of the shareholders by the company or other shareholders («just cause», «good cause», «justes motif», «the company's affairs are being or have been conducted in a manner that is unfairly prejudicial to the interests of shareholders» etc.). The correlation between the nature of additional elements of the ground of the shareholder’s withdrawal and the mode of the withdrawal has been investigated. The court mode of the shareholder’s withdrawal is always provided if an additional element of the set of facts composing the ground of the withdrawal is expressed in evaluation categories as a material breach of rights and interests of the shareholder by the company or other shareholders. The different additional elements of the set of facts composing the ground of the shareholder’s withdrawal may be provided by the law of the same legal system for judicial and non-judicial modes of the withdrawal.
Institutional capacity on protection against infectious diseases in Ukraine
Authors: Demchenko Ivan
Published: June 2020

The reform of sanitary and epidemiological surveillance and protection of the population against infectious diseases is accompanied by serious challenges and unforeseen circumstances. In Ukraine, a significant number of persons who are infected with hepatitis C and B. Ukraine is a leader in Europe in terms of HIV prevalence. In 2019, half of all measles cases in the European Region were reported in Ukraine. In the same year, the number of cases of diphtheria increased. In Ukraine, a significant number of tuberculosis patients. Coronavirus (COVID-19) is spreading worldwide today. In this article, we will focus on issues Institutional capacity on protection against infectious diseases in particular, and sanitary-epidemiological surveillance in particular.

The Ministry of Health of Ukraine is the central executive authority, which provides formation and implementation of the state policy on protection of the population health against infectious diseases. The Ministry of Health of Ukraine also ensures the formation of state policy in the areas of sanitary and epidemiological well-being of the population.

What executive authority implements the state policy in the sphere of sanitary and epidemiological well-being of the population, regarding the protection of the population from infectious diseases? This authority was the State Sanitary and Epidemiological Service of Ukraine (SES). In 2014, the Cabinet of Ministers of Ukraine decided to reorganize the SES. The decision on the reorganization of the SES was appealed in court and was found unlawful. In 2017, the Cabinet of Ministers of Ukraine changed its previous decision - now the SES was not subject to reorganization but liquidation. In terms of unlawfulness / lawfulness of actions (decision-making) by the Cabinet of Ministers of Ukraine were analyzed. The conclusion: Cabinet of Ministers had been acted in full compliance with the requirements of the legislation.

An analysis of the history of the delegation of powers of the SES (including the results of court proceedings in this case) shows that: the functions of the implementation of state policy that belonged to the SES were entrusted to the State Service on Food Safety and Customer Protection, without functions of the implementation of state policy in the field of epidemiological surveillance.

The problem is that, term what is “epidemiological surveillance”, at least at the legislative level is not set. At national legislation is enshrined and detailed in the subordinate legal acts “state sanitary and epidemiological surveillance”. It is justified that the transfer of the powers of the SES was not carried out properly and, in fact, its powers are not assigned to any of the state authorities.
Transfer of right to claim in obligation (cession)
Authors: Pohrebniak Volodymyr
Published: June 2020

The article is devoted to consideration essence and order of realization of transfer of right to claim in relative legal relationships (cession). It is defined that in modern juridical literature a cession is principally considered as transfer of claims of a primary creditor (assignor) to a new creditor (assignee) based on a contract. Appropriate result is achieved by separate relationship in which primary creditor is obliged to transfer his right to claim to another person. A result of appropriate juridical operation is complete or partial change of the creditor in primary relationship.

It is defined that paragraph 1 of part 1 of article 512 of Civil Code of Ukraine demonstrate that cession is characterized by such signs as: 1) is a volitional act of a person to who belong civil right to claim; 2) is a dealing-nature act. In view of these factors numerous scientist consider contract as main cause for cession.

The approach according to which a contract of cession is consensual and recognized as concluded in moment when its participants reconcile all determinative conditions including an object of cession is the most widespread in modern juridical literature. At the same time the author substantiates that appropriate persons can conclude cession contract in real form by using construct of previous contract. It is defined that cession provides singular succession. The acquirer can get creditor’s rights only if it belong to creditor. Singularity also means that acquirer gets only appropriate subjective civil right as a separate object but not all civil rights and obligations of assignor how does it take place for example in succession after a testator.

Considering appropriate problem in context of such categories as “foreclosure” and “compulsory alienation” the author defines it possible to increase categorical composition of civil law by term “compulsory cession” which means conduction of cession forcefully, for example by court order which doesn’t provide creditor’s assistance.
About the Determination of Crime
Authors: Holovkin Bohdan
Published: June 2020

In the article on the basis of system approach the concept and mechanism of determination of crime are considered, the system of determinants of crime is established, causality of this phenomenon is revealed. It is noted that crime arises, exists and develops as a result of the interaction of members of society with each other, as well as with the social environment and society as a general system. Therefore, crime first and foremost linked to the conditions of life of society, the state of social consciousness and the system of social relations. Crime does not produce a single phenomenon, process or event, but a synergy of similar and homogeneous phenomena and processes. In addition, crime is capable of self-reproduction, by regularly repeating the most persistent forms of criminal behavior. Of all the types of determination, causality is of paramount importance, since this category reflects the objective, regular link between crime and the phenomena that give rise to it.

At the level of society, the causes of crime are criminogenic deformations of the legal consciousness and legal culture, which, under certain conditions, naturally give rise to criminal forms of behavior by members of society. Such deformations lead to a criminal state, when people think about the benefits of criminal behavior and are not afraid of criminal responsibility. Deformations of the legal consciousness include defects in the legal worldview, distorted values, the legal subculture, double morality, anti-social interests, and opportunistic behavioral strategies.

Among the conditions contributing to the increase in the crime rate, the biggest influences are: shadow economy and criminal monopolism; corruption; poverty of a large part of the population; income inequality; job cuts and unemployment; uncontrolled urbanization; ill-considered changes to the legislation, first of all criminal; human rights abuses; social tension and conflicting; concealment of criminal offenses from accounting, low rates of disclosure of criminal offenses; unfair judgments (sentences); trafficking in weapons, ammunition and explosives; unreasonable large-scale amnesty of criminals; high levels of consumption of alcoholic beverages, drugs and psychotropic substances; child homelessness and neglect.
Mistake of fact and endangering actions as circumstances which can affect differentiation of criminal responsibility for unfinished crime
Authors: Antoniuk Natalia
Published: June 2020

Most of the aspects of differentiation of criminal responsibility for unfinished crime though being discussional, are duly researched in the criminal scientific studies. However, the sphere of unresearched institutes exists enabling us to speak about its influence on differentiation of criminal responsibility. This institutes are the mistake of fact and so called “delicts of endangering”

The purpose of this research is to analyze the differentiated influence on criminal responsibility of crimes committed with the feature of mistake of fact and of delicts of endangering. It is planned to illustrate, basing on certain examples, the importance of these institutes for differentiation of criminal responsibility. By the way, the task of this article is to reveal the shortcomings of criminal law in force and to make propositions on their removing.

Up to date, taking into consideration the provisions of part 3, 4 of Article 68 of the Criminal Code of Ukraine, the court can`t impose punishment on person, guilty of committing a crime under effect of mistake of fact, qualified as attempt, higher than 2/3 of the maximal severe punishment (envisaged in article of special part of the Criminal Code). The court, as well, can`t (in most cases) impose life imprisonment even when the damage totally equals the damage caused by finished crime. For instance, planning to kill with mercenary motives a minor, the guilty person kills an adult. This action can’t be qualified as finished crime, as the mistake of victim occurs. Nevertheless, object of human life is objectively damaged. So, the crucial necessity to make equal between each other finished crime and crime, committed under influence of mistake of fact, is evident.

Differentiating criminal responsibility in situations when damage is desired by the guilty person, the legislator in fact hasn’t bothered to duly differentiate criminal-legal consequences in case of endangering without the desire of such damage. That`s why it is of great importance to regulate by norms criminal actions which are endangering social relations with social dangerous damages, but don’t have the features of criminal aim, motive and desire of guilty person. This step can provide differentiated approach towards socially dangerous behavior, delimiting the estimation of act and consequence. It can concentrate the attention on subjective evaluation of potential consequences by guilty person, notwithstanding the factors, which often exist besides mental estimation of the subject.
The controversial issues of the implementation of clemency in the legislation of Ukraine and foreign countries
Authors: Denysovskyy Mykhaylo , Tomchuk Inna
Published: June 2020

The article deals with issue of clemency and its controversial application in Ukraine. Thus, the subject of our study is the analysis of the norms of domestic law that regulate the grounds and procedure of applying clemency to people who committed the crime and sentenced to imprisonment. The practical experience of the application of clemency in foreign countries is analyzed. Particular attention is paid to the comparison of the norms of Ukrainian and foreign legislation in the practice of clemency with revealing its disadvantages and advantages. In particular, the regulations of the Constitutions, the Criminal Codes and other normative acts that refer to the issue of clemency are examined.

The study demonstrates that legislative support for the implementation of the clemency in Ukraine is vague as from the standpoint of the theory of law and from the point of view of procedural reliability and transparency of legal decision-making. The study has confirmed the weaknesses of the implementation the mechanism of clemency for people who are sentenced to life imprisonment. It has been found that the practice of applying clemency in Ukraine is accompanied with direct violations of the requirements of normative legal acts.

The article provides the analyzes of statistics on the number of people who have been granted the clemency in Ukraine and abroad during 2010-2019. The study has confirmed that the issue of clemency is rare practice nowadays in comparison to the previous years.

The results of our research suggest that the application of clemency in all countries is not only justified by the considerations of humanism but the institution of clemency also has a practical purpose, it can contribute to the achievement of the specific political goals.

The mechanism of clemency has become an up-to-date issue nowadays in Ukraine legislation, thus the study suggests a number of amendments to the legislation of Ukraine to improve the downsides of the legislative regulation of the mechanism of clemency in the criminal legislation.
Modern investigative interview models
Authors: Lutsyk Vasyl , Havhun Sophia
Published: June 2020

The article presents the first scientific research in Ukraine on modern investigative interview models and is devoted to this procedural institute as a mechanism of collecting and recording accurate, credible and reliable information during criminal investigations in order to accomplish the objectives of criminal proceedings and to establish the facts of a particular case.

This research aimed to analyze main components of such specific investigative interview models as PEACE, PRICE, the RCMP phased interview and KREATIV. Second, it was intended to assess how useful for countries that implemented interviewing in their law systems consider those interview techniques of different types of participants in criminal proceedings (witnesses, victims, suspects).

Based on the analysis of the rules of criminal procedural law of individual countries, the scientific positions of scientists, international experience and achievements in the practical application of the interview the authors determine the most used investigative interview models, their advantages and disadvantages of the practical use and the contribution to law enforcement activities.

 The results indicated at least three major benefits of investigative interview. First, it does not make use of coercive or manipulative strategies which in perspective reduces the chance that a statement will be deemed inadmissible. The second, assuming that obtaining a confession is the desired outcome, before and after the implementation of investigative interview, roughly 50% of interviewees confessed to their crimes; furthermore, the confession rate seems to hover around 50% in countries that continue to use interrogation techniques. And the third, the use of principles well-established scientific knowledge about how memory works (cognitive interview) and the conversation management approach is an effective memory enhancement technique for cooperative interviewees.

The authors accent that political, legal, and – most importantly – organizational steps will appear to be that is needed to make the necessary changes for investigative interview to achieve desired results. Summarizing the above, a number of comprehensive recommendations have been made in light of exceptional and discovered circumstances.
Analysis of European and national experience performance of police enforcement activities
Authors: Bakutin Yevhen
Published: June 2020

The article reflects the experience of European countries, where much has been done to transform the police into an effective state institution, which enjoys the trust and respect of citizens. The basic organizational and legal foundations of the police - one of the oldest and inalienable components of world civilization, the conceptual justification of the reliable protection of individuals, society and the state from criminal attacks, the rule of law, public safety are considered.

Formulating the purpose of the article. The use of technical means of fixing offenses is one of the essential elements of a highly developed society. At the same time, Ukraine is actively pursuing its foreign policy towards accession to the European Union. That is why the integration intentions of our state necessitate the systematic improvement of the use of technical means of fixing offenses. Resolving objections and conflicts requires the proper regulation of the procedure for bringing the offender to justice, which, in turn, requires comprehensive scientific studies of these problems.

Technological advances have led to new challenges for human rights, as legal regulation tends to regulate existing legal relationships and does not account for the emergence of new forms. A striking example of this is the geometric progression of the use of technical means of fixing offenses by the police in compliance with public order.

According to the analysis of the law enforcement practice of the use of technical means, quite often leads to strong objections between citizens and representatives of authorized state bodies, which need their resolution and resolution. This is especially the case for the use of technical means of fixing offenses for the purpose of counteracting offenses, and also when using these technical means as evidence.

Police activity is one of the foundations for the promotion and development of pan-European values. However, in order for it to be effective, it is essential that the police respect human rights, the rule of law and the principles of democracy - otherwise these pan-European values will be threatened.
Some Problems of Free Legal Aid in Criminal Proceedings
Authors: Krushnitska Oksana
Published: June 2020

The article deals with some problems of providing free legal aid in criminal proceedings.

It has been identified and shown that the main prerequisite for ensuring the right of a person to legal aid can be considered to be the creation of reliable legal and organizational grounds for its actual provision.

It is proved that the correspondence of a prisoner sentenced to imprisonment with the centers of free legal aid is, firstly, subject to review by the administration of the penitentiary institution, secondly, such letters will not necessarily be sent as a whole, and thirdly if such letters are sent wherever possible and there is no legal deadline for sending them.

Some issues are outlined, such as the right to receive legal aid in a timely and effective manner to prisoners in prison. Alternatively, the right to amnesty, the right to pardon, and the right to review a judgment in newly discovered or exceptional circumstances, and other rights and freedoms that are not necessarily related to giving a person access to justice may be violated or inaccessible to the sentenced person.

Therefore, the right to receive legal aid in a timely and effective manner to prisoners in prison may be violated. Alternatively, the right to amnesty, the right to pardon, and the right to review a judgment in newly discovered or exceptional circumstances, and other rights and freedoms that are not necessarily related to giving a person access to justice may be violated or inaccessible to the sentenced person.