bluuebunny/crossref_metadata_2025 huggingface dataset:
Public administration as a subject of protection of the rights of the medical sphere
Authors: Bilyy D.
Published: April 2022

In this scientific article, the author conducted a study of public administration as a subject of protection of the rights of patients in the medical field. With the implementation of the health care reform, a new vision of providing medical care and medical services to patients is provided, new approaches to the system of financing health care facilities and paying for medical care and medical services by patients are introduced, levels of medical care are determined depending on complexity. medicine and state guarantees of medical care, etc. However, the successful implementation of the goals and objectives of medical reform is not possible without a legal basis and systematic and coordinated activities of authorized public administration entities in the study area of administration.

The main task of public administration of the medical sphere is to ensure a patient-oriented system, to ensure fair universal coverage of health services for the entire population of the country.

The system of public administration bodies that protect patients' rights has a hierarchical structure. The availability of electronic databases of patients, medicines and drugs, electronic health care system facilitates the diverse interaction of competent entities to ensure the rights, freedoms and interests of patients in the exercise of their constitutional right to health care.

It is important to bring the guilty officials, officials and employees of health care facilities to criminal, administrative, disciplinary and civil liability in case of violation of patients 'rights, ie that these rules are not declarative, but are an effective mechanism for protecting patients' rights.

It is determined that public administration as a subject of protection of patients' rights in the medical sphere is a system of executive bodies and bodies exercising delegated powers in the field of health care, the purpose of which is to guarantee the constitutional right to health care, ensuring timely, continuous, highly professional provision of health care services to patients in case they apply to health care institutions, as well as bringing persons who violate the rights of patients to justice.
Freedom of expression of political views: socio-political and administrative-legal dimensions
Authors: Blikhar M.
Published: April 2022

The article is devoted to the study of socio-political and administrative-legal dimensions of freedom of expression of political views. It is substantiated that the socio-political processes taking place in Ukraine in recent years contribute to the establishment of our state as a legal democracy, one of the key features of which is the effective implementation of the human right to freedom of political expression. The article formulates the definition of "freedom of expression of political views", which is proposed to be interpreted as a natural right of every person to freely express their political views, assess historical events of a political nature and modern political processes and phenomena. The socio-political and administrative-legal dimensions of this concept are considered and it is concluded that the right to freedom of expression of political views is interrelated with other constitutional human rights and freedoms; provides for legislative consolidation and appropriate implementation mechanism; acts as a voluntary act of human activity, which forms him as an active citizen and promotes involvement in the political life of the state. It has been found that freedom of expression of political views is a natural right of every person to freely express his or her political views, to evaluate historical events of a political nature and modern political processes and phenomena in the manner prescribed by law. Finally, considering this concept in the interaction of socio-political and administrative-legal dimensions allows to bring society closer as an association of people with the state as an organization of political power of society, thus helping to consolidate in the legal consciousness of the vast majority of citizens a positive image.
Current issues of accounting and taxation of enterprises of religious organizations in the context of the conceptual apparatus
Authors: Bochkov P.
Published: April 2022

The article is devoted to the organization and accounting and taxation of enterprises of religious organizations, reveals the legal aspect of their implementation and identifies current problematic segments of this activity. Outlines the expediency and necessity of updating the conceptual apparatus of organizational accounting procedures and taxation processes, reveals the author's vision of the content of the definitions of "accounting policy" and "tax relations in religious activities." The substantiation of expediency of their adaptation at the organization of the account and the taxation at the enterprises of the religious organizations is resulted. Reveals some issues of taxation of these enterprises and identifies existing segments of this process in religious activities. Includes the author's vision of ways to improve accounting and taxation procedures at the enterprises of religious organizations.

The processes of accounting and taxation of enterprises of religious organizations are marked by a certain feature that stems from the purpose and purpose of them. According to the classical definition, a religious organization is an organization that is formed to meet the religious needs of citizens to profess and spread the faith and act in accordance with its hierarchical and institutional structure. In accordance with current legislation, the activities of these enterprises, in most cases, are represented by the rules of accounting and taxation, which are inherent in non-profit organizations.

One of the components of non-profit organizations, according to the legislation of Ukraine are enterprises of religious organizations, which have their own characteristics of the organization of accounting, financial reporting and tax procedures. The research indicated the existence of a number of unresolved issues, especially in the conceptual framework, which affects the conduct of accounting procedures and procedures for the taxation of religious activities. In order to improve these procedures, it is proposed to choose such conceptual categories as "accounting policy of enterprises of religious organizations" and "tax relations in religious activities". Their adaptation will provide an opportunity not only to take a more substantive approach to the organization of accounting and tax procedures of religious organizations, but also to be able to ensure quality segments of their conduct in the future.
The right to protection from domestic violence
Authors: Gorbunova Ya.
Published: April 2022

The article is devoted to the study of the essence, content and features of the right to protection from domestic violence. It was stated that domestic violence is one of the biggest problems in the modern world, the level of which has increased in the context of anti-epidemic measures taken by states due to the coronavirus pandemic. The statistical data testifying to the aggravation of the problem of domestic violence in Ukraine are given. The normative bases for the formation of the right to protection from domestic violence and its inclusion in the catalog of human rights are analyzed. The characteristic of legal protection on protection of domestic violence as a subjective public law is given, on the basis of, firstly, in it along with interest of personal establishments and public interests, secondly, its realization within the limits of relations which are public-legal characteristics. The content of the person's interest (to receive protection from authorized entities in the form of measures aimed at restoring violated rights) and the public interest (the need to maintain public order and security), which are the basis of the investigated law. The subject (owner) of the right to protection from domestic violence is determined, its features are singled out, the peculiarities inherent in the child as a subject of such a right are highlighted. It is proved that the exercise of the right to protection from domestic violence is carried out both at the request of the person and without such, at the initiative of the authorized entity based on the results of risk assessment. The subjects endowed with the duty to take measures aimed at protecting a person from domestic violence are outlined, they are divided into types: prevention, support of victims, prosecution of perpetrators. Prevention or prevention involves taking measures to prevent domestic violence. Support for victims is to take the necessary measures to avoid recurrence of violence, to provide independence and economic independence to victims of violence, to take into account the special needs of vulnerable people, including victims, to obtain relevant and timely information on available support services and legal measures. which is understood by the victims. The offender is brought to justice through court proceedings. Liability can be criminal, administrative and material.
Administrative and legal regulation of counteraction to information and psychological operations at the strategic level
Authors: Dakhno O.
Published: April 2022

The article is devoted to the study of administrative and legal regulation in the field of counteraction to information and psychological operations at the strategic level. The concept and essence of information-psychological operations are defined. The author analyzes the negative consequences and dangers of information and psychological operations; the mechanism of influence of information and psychological operations on the population, servicemen and other objects of influence is clarified.

The strategic level of counteraction to information and psychological operations is characterized. It is substantiated that the peculiarity of the strategic level of counteraction to information and psychological operations is that the tools of public administration used at this level are aimed at achieving the strategic goal of creating a stable state of information security and information sovereignty of the state.

The analysis of legislative acts in the field of administrative and legal regulation of counteraction to information and psychological operations at the strategic level is carried out. The content and tools of counteraction to information-psychological operations at the strategic level are determined and characterized.

Based on the analysis of administrative legislation in the field of regulation of counteraction to information and psychological operations at the strategic level, it is determined that the main tools of such counteraction are development, adoption and updating of strategic acts defining long-term planning. and long-term effective information policy in the field of defense, establishing public communications in the defense sector, improving the training of relevant specialists, as well as modernization and implementation of digital technologies in government agencies. The author substantiates the need to determine the place of the Information Security Strategy and other acts of strategic nature in the field of information security in the hierarchy of planning acts in the spheres of national security and defense of Ukraine.
Peculiarities of administrative and legal regulation of firearms trafficking in Ukraine: realities of the present and prospects
Authors: Didenko S. , Grin’ A. , Popov S.
Published: April 2022

The article is devoted to the analysis of the current state of legal regulation of firearms circulation in Ukraine and prospects for its improvement. The authors focus on the issue of uncontrolled proliferation of firearms, as evidenced by statistics on the seizure of firearms and ammunition  by law enforcement agencies. It is emphasized that the large number of unregistered firearms in the hands of the population, together with the violation of the territorial integrity of Ukraine and the aggravation of the criminogenic situation, determine the urgency of creating a state register of firearms and the adoption of the Law of Ukraine aimed at proper administrative regulation circulation in Ukraine.

The study takes into account the views of domestic scientists on weapons as a concept, features of its use, application and the need for legal regulation of related processes.

A review of lawmaking was conducted, which showed that in recent years there have been repeated attempts to adopt the Law of Ukraine, designed to regulate legal relations regarding the acquisition, storage, carrying, use of firearms by civilians. Only during 2021 the Verkhovna Rada of Ukraine discussed three such bills - № 4335-1 of November 24, 2020, № 5708 of June 25, 2021 and № 5708-1 of July 13, 2021. All of them were considered by the Committee on Law Enforcement Activities of the Verkhovna Rada of Ukraine.

It was found that only one of the listed bills received the approval of the relevant Committee. At the same time, it also contains a number of controversial provisions, which, in the opinion of the authors, do not allow to support its adoption in the current version.

The need to align the draft law with Directive (EU) 2021/555 Of The European Parliament And Of The Council of 24 March 2021 on Control of the acquisition and possession of weapons (codification) was emphasized. In addition, the issue of inconsistency of standards in the field of classification of firearms remains open.
Norms of administrative procedural law: the concept and some aspects of the relationship with the rules of substantive administrative law
Authors: Doiar Ye.
Published: April 2022

An attempt is made to analyze the features and essence of the rules of administrative procedure, as well as some aspects of their relationship with the substantive rules of administrative law. In particular, it is noted that the rules of administrative procedural law: are the primary elements of the system of administrative procedural law; are derived from the rules of administrative law, as they provide sufficient procedural conditions for the implementation of its regulatory, protective and procedural rules; have a specific structure due to the sphere of objectification; enshrined in the Code of Administrative Procedure of Ukraine and other acts of administrative procedure legislation; aimed at the legal regulation of public relations arising in the field of administrative proceedings; have the purpose - fair, impartial and timely resolution by the court of disputes in the field of public relations in order to effectively protect the rights, freedoms and interests of individuals, rights and interests of legal entities from violations by the subjects of power; implementation is ensured through a system of certain means (state-coercive, stimulating, etc.).

It is summarized that the norms of administrative procedural law are a primary element of the system of administrative procedural law derived from substantive legal norms, which has a specific structure due to the sphere of objectification, aimed at legal regulation of public relations arising in administrative proceedings for effective protection. rights, freedoms and interests of individuals, rights and interests of legal entities from violations by the subjects of power.
Administrative and legal bases of functioning of the institute of private performers in Ukraine
Authors: Dordyai V.
Published: April 2022

During the study, the author considers the administrative and legal principles and factors that contributed to the reform of the penitentiary system in Ukraine, analyzes the types of penitentiary systems operating in European countries, the impact of European experience on reforming domestic legislation and bringing it into line with European Union requirements. compliance with the third Copenhagen and Madrid criteria for membership in the European Union through the adaptation of domestic legislation, the establishment of relevant institutions of the legal system of Ukraine acquis communautaire. The special approach of Ukraine during the reform in terms of uneven, special, inherent in Ukraine distribution of powers between private and public performers is outlined. The research of domestic scientists of the institute of private executors and the system of executive proceedings after the reform as a whole is presented. The efficiency of private performers' activity is determined, as well as problematic issues of full-fledged existence of the institute of private performers in Ukraine. The statistical data operated by international experts, as well as the Association of Private Performers of Ukraine are given. A thorough study of the main factors that hinder the proper development of private performers in today's conditions. Ways to improve the institution of private performers, by continuing to reform, improving the legislation governing the selection and further activities of private performers are proposed.
Сommunal property disposal: actual principles
Authors: Byelov D. , Novak O.
Published: April 2022

Theoretical and practical features of the management of communal property in accordance with the current legislation of Ukraine are studied. The position on the need to qualitatively expand the content of the existing principles of communal property management was supported. The author is of the opinion that the formation of effective local self-government as part of the goal of the administrative-territorial reform introduced in Ukraine requires, among other things, taking into account the general principles of economic activity, including greater dispositiveness in decision-making by local governments.

Gaps have been identified within the limits set by the current legislation for the management of communally owned property in correlation with approaches to the implementation of business relations in Ukraine.

An analysis of the current legal framework governing the boundaries and procedures for decision-making on the management of communal property revealed a lack of declarative rules that determine the prerequisites and procedures for the transfer of communal property from the common property of territorial communities in Ukraine. Author expressed an opinion that the existing procedure of managing objects of property rights of territorial communities, as an element of powers of the property owner, restrains the action of the principle of material and financial independence of local self-government enshrined in the Constitution of Ukraine.

It has been established that one of the key criteria that should be followed by entities empowered to manage communal property is social orientation in making any organizational and business decisions.

The idea of outsourcing as one of the most pragmatic ways to improve the efficiency of communal property management is supported given its wide range of optimization properties. The author also noted the possibility of delimitation of powers between local governments to manage the common property of territorial communities in the context of contractual relations established on the basis of voluntary cooperation and mutual responsibility.
Public administration, state administration and e-government: features of the interconnection
Authors: Mikhrovska M.
Published: April 2022

The radical transformational changes taking place in Ukraine over the last few decades made a significant change in the terms that are used in the legislation. Thus, the terms "e-government", "digitalization" and "digital services" have become constant life companions of every citizen. However, one of the important things is, that in addition to the new modern terms in the legislation, the other terms are also used, which are quite outdated and should be revised. One of such terms, in our opinion, is the concept of old "state administration". Considering that this term was one of the key terms in the science of administrative law during the Soviet times, had a special purpose and specific methods of implementation, its application to modern phenomena such as e-government is completely inappropriate. Additionaly,   application of this term is completely unsuccessful in view that the basis of e-government and digital transformations is democratization of relations between the state and the citizen, with the help of service components.

Moreover, the continued use of such term in the law effectively undermines the essence of administrative reform, which has been going on in Ukraine for over 25 years.              

The article demonstrates the comparative analysis between the terms old "state administration" and the new, modern term "public administration" in the general sense and in the field of e-government in particular.         

The author concludes that for several important reasons, the concept of "state administration" should be replaced by a more modern concept - "public administration", which is the key term in the law of European Union for already a long time. It was emphasized that "public administration" should be the basic term on which all other legislation will be based, including, above all, laws that determine the status and powers of executive bodies and local self-government.
European standards for administrative and legal enforcement of the right to free legal aid and national legislation
Authors: Sakhniuk V.
Published: April 2022

The article analyzes the standards of administrative and legal support of the right to free legal aid. It is stated that this right is an inalienable right of everyone and is guaranteed by a number of international instruments, including the European Convention on Human Rights. The analysis of the case law of the European Court of Human Rights revealed the following main violations in the organization of the free legal aid process: 1. Insufficient activity in informing citizens about the possibility of receiving free legal aid and exercising their right to protection. 2. Vague wording of the grounds for refusal or unreasonableness of the decision to refuse in providing the free legal aid. 3. Untimely decision-making. 4. Lack of opportunity to appeal the refusal in providing free legal aid. 5. Lack of a formal decision communicated to the person in response to a request for legal assistance.

The following requirements for the organization of administrative and legal support of free legal aid are formed from these violations: 1. National institutions are obliged to make decisions in response to requests for free legal aid in a timely manner, which must be clearly motivated. 2. The procedure for appealing against a refusal to provide free legal aid shall be established in the national system. 3. The state is obliged to conduct an active information campaign to inform citizens of their right to free legal aid.

It is concluded that these requirements are reflected in national legislation in general, but in practice they need some refinement on the formal approach to the denial of free legal aid. Also, it is recommended to work on citizens’ awareness raise, including those imprisoned and their right to free legal aid.
Observance of the rules of administrative jurisdiction as a constitutional guarantee of judicial protection
Authors: Smokovych M.
Published: April 2022

In the article, the author argues that the violation of the jurisdiction of the court can not be an insurmountable procedural barrier for the plaintiff in court proceedings related to the protection and restoration of his violated constitutional rights. This conclusion is based on the results of comparative legal analysis of the provisions of the CAS of Ukraine, the subject of legal regulation of which is to resolve the legal situation related to the legal fact of establishing the jurisdiction of a case of jurisdiction of the administrative court. The current CAS of Ukraine has regulate an exhaustive list of grounds for returning the statement of claim to the plaintiff, among which there is no such ground as «the case is not subject to this administrative court». It is stated that currently the CAS of Ukraine actually prohibits the administrative court from returning the statement of claim to the plaintiff if the court case is not within its jurisdiction. And rightly so. If the court establishes jurisdictional jurisdiction of a case to a certain administrative court, the plaintiff is not left alone with his case. The law require the administrative court to invite the plaintiff to take certain legally significant actions in order to provide real guarantees for the judicial protection of his rights and freedoms. This approach of the legislator is directly related to the need to ensure the optimal possibility of implementing the principles of legal certainty, access to justice, legality and the rule of law in general.

The article have done concludes that certain issues of judicial administrative proceedings, which are related to the jurisdiction of cases, need to be legally regulated in order to overcome some legal uncertainty that the plaintiff may face in the court of first instance.
The right to secrecy of telephone conversations in the information society (private law aspects)
Authors: Shymon S.
Published: April 2022

The article examines the issues of civil law protection of the secrecy of telephone conversations. It was found that at the level of civil law, as well as legislation governing relations in the field of electronic communications, the right to secrecy of telephone conversations is insufficiently protected. In the provisions of the Civil Code of Ukraine, the right to secrecy of telephone conversations is erroneously considered as an integral part of the right to secrecy of correspondence and is not mentioned as an independent civil right. The norms of special legislation do not directly enshrine the right to secrecy of telephone conversations; in some cases, the protection of this right is brought to the secondary level, which reduces the level of guarantees of this right. An important deviation of the legislator from the idea of constitutional and legal protection of the right to secrecy of telephone conversations is revealed. Which is manifested in the fact that  in special legislation (both at the level of laws and at the level of bylaws) this constitutional right is not related to secrecy and is protected by the protection of confidential information about the subscriber and the services he received or ordered. It is proved that the current civil legislation needs to be improved with the direct consolidation of the right to secrecy of telephone conversations as an independent civil right and appropriate means of its protection. It is proposed to define the content of a person's subjective civil right to secrecy of telephone conversations as a set of powers: the right to keep the content of telephone conversations secret: the right to maintain secrecy regarding other information about the subscriber and his telephone conversations; the right to demand that the necessary measures be taken to ensure the secrecy of telephone conversations; the right to claim the passive conduct of third parties for not violating the secrecy of telephone conversations; the right to protection of the violated secrecy of telephone conversations.
Social grounds for criminal responsibility for violation of the established rules of drug turnover
Authors: Lohvin A.
Published: April 2022

The spread of drug addiction is a danger to both public order and public health. Persons under the influence of drugs can be a danger to themselves and to others, so the effect of some drugs on the body leads to dependence and even death. The state is called upon to protect its population from the spread of this phenomenon. One of the ways to achieve this goal is the criminal legal protection of legal relations defined by the state as possible and desirable. If a person commits acts that distort such legal relations, then the state, protecting a lawful model of behavior, imperatively gives a criminal legal assessment of the actions of this person.

 The object of the research is the social relations accompanying the illegal circulation of narcotic drugs and psychotropic substances, regulated by the legislation of Ukraine. These social relations arise as a result of the following actions: inducement to the consumption of narcotic drugs and psychotropic substances; illegal cultivation of plants containing such substances; organization or maintenance of dens or systematic provision of premises for their (narcotic drugs and psychotropic substances) consumption; illegal issuance or forgery of prescriptions or other documents giving the right to receive them.

The issue of criminalization and decriminalization is a specific link in the system of criminal law policy functions. It constitutes a complex mechanism that includes a series of successive decisions and subsequent actions, which in the end lead to the emergence of grounds for applying to persons guilty of certain actions, criminal liability or the abolition of the latter [2, p. 131]. Criminalization or decriminalization of actions is determined by social conditioning.

Considering the multicomponent nature of the problem and its social prevalence (since it is a mass behavior of certain small social groups and even transforms the social structure), it can be concluded that effective counteraction to such a negative social phenomenon as drug addiction and drug crime is possible only with an integrated approach.
Temperament as a biological determinant of criminal behavior
Authors: Nesterova I. , Sofilkanych O.
Published: April 2022

The article is devoted to the analysis of criminal behavior biological determinants, namely the influence of temperament on a person's deviance. Biological factors play a significant role in the formation of criminal behavior. They determine the specific nature of a person's reactions to any influences.

It is determined that temperament is a set of certain properties that quite stably characterize the dynamic features of the individual's psyche. In each case, it is fixed in the form of a psychological concept form of manifestation inherent in a particular individual lifestyle. Activity, reactivity, sensitivity, plasticity, extraversion, rate of reactions, emotionality, largely determine how a person lives, how he establishes and implements his relationship with the world.

Several theories of temperament and its relationship with criminal behavior are analyzed there. It has been found that biological theories of determining criminal behavior were probably one of the first from another ones. Most biological theories arose within the criminological study of society.

 It is determined that in criminological reseaches, the study of temperament as a biological determinant of deviant behavior began to appear only in the late twentieth century in the works of American scientists. The main explanation for this fact is that much of the temperament research has been conducted by psychologists who study children at a very early age - long before they detect truly criminal behaviors. Manifested in the dynamic features of the human psyche and behavior, each type of temperament can have its advantages and disadvantages.

Modern criminological research allows us to conclude that it is not a specific form of deviant behavior (for example, criminal) that is inherited, but rather individual psychological traits that increase the likelihood of deviance, such as impulsiveness, aggression, domination, or leadership.

It is concluded that the biological determinants of criminal behavior act only in conjunction with the social ones and form a causal complex of crime and are a prerequisite for further development of measures to prevent crime in all its forms.
On the socially fair system of calculation of fine as a criminal penalty
Authors: Cheban O.
Published: April 2022

The article analyzes the issue of socially fair system of calculating fines as a criminal penalty, and substantiates the proposal on the feasibility of revising the monetary equivalent in which the fine is calculated, as in Ukraine there is a real need for critical analysis of the latter/

The author proved that the current monetary equivalent, which calculates the fine in the sanctions of the articles of the Special Part of the Criminal Code of Ukraine, does not meet modern society requirements, introduces a significant imbalance in determining the amount of damage and liability for a criminal offense and does not take into account property (financial and economic) the condition of the perpetrator. It is proposed to take as a basis for a socially just system of calculating the fine the average monthly income of the perpetrator. The average monthly income of the perpetrator should include the amount of wages, pensions or scholarships, cash income from business or other legal activities, income in the form of interest on bank deposits, income from securities, land, real estate and other movable property. Therefore, the amount of the fine for the committed criminal offense will depend on the total income of the offender, will be real and justified given the economic (property) condition of the offender. And, most importantly, given the different wealth and income of individuals in Ukraine, the fine will really correspond to the criminal law content of the principle of justice.

It is determined that the fine applied to the guilty person must be both tangible on the one hand, and feasible and fair on the other. The fine should have a preventive value in its general and special aspects, rather than repressive and punitive effects. Therefore, to determine its preventive role, it is advisable to establish at the regulatory level an adequate equivalent for its calculation and an amount commensurate with the financial situation of the perpetrator and the criminal offense committed by him. This fair equivalent should be the average monthly income of the perpetrator, the latter is widely used in progressive foreign countries to calculate the fine as a criminal punishment.
Security of participants in criminal proceedings as a legal concept
Authors: Mikhailov P.
Published: April 2022

The problem of security of participants in criminal proceedings in criminal procedural law is covered. It is argued that this is one of the most fundamental human rights, as the safety of participants in criminal proceedings indicates the protection of fundamental rights and freedoms that form the basis of everyone's life from emergencies and any other threats or dangerous situations. Security as a legal phenomenon is understood as a legal mechanism (legal system) that helps a person in real danger. In this regard, it is concluded that in general, security is meaningfully revealed as a complex and multidimensional legal phenomenon, which in different areas acquires the appropriate content and form, because it is a certain state of legal protection of the subject, however, it is a special state within the framework of criminal procedural legal relations in a certain period of time and under certain conditions. In this regard, it is argued that security should not be seen as a fixed, unchanging state, ie a regime of protection of subjects from threats when there are no external encroachments. With this in mind, the threat in criminal procedural law is seen as a negative development, as a set of potential or actual conditions and factors or actions of individuals or legal entities that disrupt the normal state of participants in criminal proceedings and can lead to undesirable changes. It is substantiated that the security of the participants in criminal proceedings is a state of legal protection in which the participants in criminal proceedings are not in danger due to the timely detection, prevention and neutralization of real and potential threats. Ensuring the safety of participants in criminal proceedings is the activities of law enforcement agencies aimed at implementing the necessary measures (legal, organizational, technical and other) in the presence of threats to life, health, property, honor, dignity and reputation of persons in connection with their participation in trial of criminal proceedings.
Concept of non-legal disputes in Ukrainian judicial practice
Authors: Zaborovskyy V. , Peresh I. , Stoika A.
Published: April 2022

This article reveals the problematic issues related to the exercise of a person's constitutional right to judicial protection.

This study compared the latest versions of the provisions of the Basic Law that determine the competence of courts of general jurisdiction; as well as some opinions of judges of the body of constitutional jurisdiction on the wording of this provision.

To achieve this goal, the authors analyzed the current practice of the Supreme Court in the system of courts of general jurisdiction. Based on this, a classification of disputes that are not subject to judicial review was formulated, namely cases: which are of a political nature; which belong to the exclusive competence of other bodies or for which there is no legal regulation; in respect of which the person has chosen an ineffective method of protection; and cases, the resolution of which will not have legal consequences for the rights, freedoms and interests of the individual.

Warns against the introduction of a mandatory pre-trial (out-of-court) method of dispute resolution, which would be contrary to the previous legal positions of the body of constitutional jurisdiction.

The significant essence of justice in general and the role of its consideration of the case on the merits with the adoption of a fair decision, where the latter will be a single act of social justice.

The question arises that the absence of any other remedy will undermine the very essence of the law as long as it is a denial of justice. Disputes themselves are a means of identifying the law.

The study leads to the conclusion that certain types of non-legal disputes, in particular those that are not regulated by law and those that will not have a direct impact on the rights and interests of the individual, can lead such a person to epistemic ambivalence, which is unacceptable in a state governed by the rule of law.
Trends in the development of the functions of advocacy in Ukraine
Authors: Stefanchuk M.
Published: April 2022

The article highlights some current trends in the development of the functions of advocacy in Ukraine.

It is stated that one of the main problems that determine further improvement of justice, at the present stage of reforming its system in Ukraine, identified functional imperfection advocacy system.

The purpose of the article is to establish current trends in the development of the functions of advocacy in Ukraine and the prerequisites that determine them, as well as to set out their own vision of promising areas of development of this institution.

It is established that among the current trends in the development of the of the functions of advocacy in Ukraine are the following: selective and inconsistent implementation of the advocates’ monopoly of representation of another individual in court exclusively by an attorney-at-law; expanding the powers of state control regarding advocacy, considering the special potential of this legal profession; restriction of the rights of self-government bodies of advocacy in the field of formation of the judiciary due to changes in the legislative approach to the formation of bodies of the judiciary, according to which the powers of advocacy in this area lose their directness and become subjectively indirect; the availability of preconditions for changing the existing model of advocacy.

The perspective directions of development of the outlined processes are singled out: legal regulation by the state of the right to access to court considering requirements of principles of equality and justice, in particular in questions of possibility of influence on cost of services on representation not only its interests in court, but also taking into account the needs and resources individuals; determining the priority of the principle of confidentiality of advocacy in order to avoid the risk of possible conflict with the tasks of advocacy and the essence of advocacy in expanding the control powers of the state in relation to advocacy; modernization of the model of advocacy governance with the transition to the model of co-regulation, focusing on the consumer of legal services and the experience of countries with high efficiency of the justice system.
Formation of strategic bases of separate elements of hybrid war of the Russian Federation: legislative aspect
Authors: Shevchenko O.
Published: April 2022

The article reveals the evolution of the national security strategies of the Russian Federation during the years of independence through the prism of defining in them the legislator of certain elements of hybrid warfare. It is determined that at the highest state level of Russia a number of issues related to the creation of the most effective system of state security within the existing at various stages of state formation National Security Strategies of Russia remain unresolved. hybrid war they waged against Ukraine, the EU and NATO.

The content of concepts and strategies for ensuring the national security of the Russian Federation over the past decades is revealed. It is determined that there is a need to rethink the issue of ensuring all components of Ukraine's national security as an integral part of international security, as the signal for this is a radical change in geopolitical, military, political and economic situation in the world. Of the European Union and NATO from the hybrid aggression of the Russian Federation.

The fact that the reorientation of the economic policy of both the Russian Federation and some countries of the European Union and the United States towards ensuring only their vital problems is a certain negative factor in counteracting Russian hybrid aggression.

The internal and external threats to national security have been studied, as well as the national interests of the Russian Federation have been formulated in order to covertly enshrine certain elements of hybrid confrontation (war).

It was stressed that Ukraine is a European state that currently faces a wide range of hybrid threats and challenges both in the internal format of the state mechanism and in the external format of relations with the international community, especially with Russia, which necessitates effective implementation. National Security Strategies of Ukraine "Human Security - Country Security".

It is stated that the new National Security Strategy of Ukraine 2020 significantly eliminates the existing conceptual uncertainty and inconsistencies in the assessment of real and perceived threats and challenges facing our state, as well as ways and means of effective counteraction, including some elements of hybrid warfare. .

It is emphasized that in recent decades the Russian legislator in its strategic documents on national security (Concepts and Strategies) has systematically enshrined at the legislative level, and in fact legalized, the full range of elements of the hybrid war waged and waged by Russia against Ukraine , EU and NATO countries.

The main elements of the hybrid confrontation (war) of the Russian Federation have been formulated, which the top leadership of Russia has veiledly enshrined in its strategic documents during the years of independence.
Concept of social state in Ukraine: current condition and problems of implementation
Authors: Kuli-Ivanchenko K.
Published: April 2022

The article is aimed at analysing the theoretical, constitutional and legal bases of the social state, the ways of their improvement, as well as at searching for optimum ways to resolve controversial issues related to the social state development in Ukraine.

Ukraine is still at the stage of building a social state therefore the issue is still relevant. The process is preceded by a number of factors. First, Ukraine is facing an economic crisis, second, hostilities are still continuing in the eastern Ukraine, and third, Ukraine has been facing a COVID-19 pandemic with quarantine restrictions being imposed.

As a young country, Ukraine is still experiencing the imbalance of state, social and political interests. With that said the country needs to define and clearly regulate its development as a social state, so the issue is still relevant. At present, there numerous factors to be considered. First, Ukraine is facing an economic crisis, second, hostilities continue in eastern Ukraine, and third, Ukraine was affected by the COVID-19 pandemic requiring quarantine restrictions.

Building a social state in Ukraine is impossible without ensuring full functioning of the rule of law mechanism. That is why ensuring the development and observance of the rule of law is an important factor in the social state formation in Ukraine. Therefore, the problems of Ukraine as a social state should be considered from the rule of law's perspective.

An important means of ensuring the status of a social state consists in compliance with the constitutional principles in the social sphere. In this context the issue of ensuring sustainable implementation and observance of the decisions of the Constitutional Court of Ukraine also becomes relevant, as it becomes obvious that the appropriate position of this body with regard to social benefits does not create any obstacles to further violation of the Constitution in a similar legal situation. This practice of the state does not comply with the principles of the law-governed state, as a mechanism of a social state is a law-governed state itself, therefore it is necessary to make every effort to establish constitutional legality with relation to both lawmaking and law enforcement.

On the way to approaching the European standards, Ukraine should focus on the state and legal aspect of social orientation.  Such focus should also become a prority for deep socio-economic transformations in the country.
Subject of the constitutional complaint in Ukraine
Authors: Kuliavets O.
Published: April 2022

Given the experience of developed European countries in implementing the institution of individual constitutional complaint, Ukraine aims to increase the protection of human rights and freedoms. To this purpose, the institution of constitutional complaint was implemented in our country, which gave everyone the right to appeal to the Constitutional Court of Ukraine with a constitutional complaint to verify the constitutionality of the law applied in the final court decision on the subject of the constitutional complaint.

As follows from the above, the subject of verification of the normative legal act for compliance with the constitution on the constitutional complaint of a person can only be the law. The current legislation does not provide for the possibility of reviewing the constitutionality of other normative legal acts, such as acts of the President of Ukraine, the Cabinet of Ministers of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea, which could jeopardize the authority of the Constitutional Court of Ukraine and domestic justice in general. In addition, it may also threaten the proper protection of human rights and freedoms. Another negative consequence of such a narrowing of the subject of the constitutional complaint is that persons deprived of this right are forced to apply directly to the European Court of Human Rights to protect their violated rights.

Some expansion of the subject of the constitutional complaint will significantly improve the situation with the rule of law and the Constitution, and will help increase public confidence in the body of constitutional jurisdiction. In addition, this will reduce the number of appeals to the European Court of Human Rights, which in the long run will improve the image of the domestic system of protection of human rights and freedoms.

However, excessive expansion of the subject of the constitutional complaint may lead to an overload of the Constitutional Court of Ukraine with such appeals, which may paralyze its activities. Thus, in resolving the issue of expanding the subject of the constitutional complaint, it is necessary to find a balance between ensuring proper protection of human rights and freedoms and the real possibility of the Constitutional Court of Ukraine in the field of such cases.