Scientific works of National Aviation University. Series: Law Journal "Air and Space Law"

ADMINISTRATIVE LAW AND ADMINISTRATIVE PROCEDURE IN THE CONTEXT OF MARTIAL LAW AND EURO-ATLANTIC INTEGRATION OF UKRAINE

2024-04-16T11:37:36+03:00

A review of the textbook "Administrative Law and Administrative Procedure in the Context of Martial Law and Euro-Atlantic Integration of Ukraine". The authors of the review highlight that the publication is notable for its innovation in the field of administrative law and administrative procedure. This textbook is distinctive from other similar publications in both content and structure. It is based on a contemporary conceptualisation of administrative law and procedure, which is human-centred and oriented towards the aspirations of the Euro-Atlantic integration of Ukraine. Consequently, it will be a valuable addition to the educational curriculum of most institutions of higher legal education in Ukraine. Furthermore, the textbook under analysis can serve as a valuable source of knowledge for those engaged in in-depth study of administrative law and administrative procedure, including students and faculty members of law schools, as well as judges, attorneys, and other legal professionals striving to maintain a high level of professional competence.

INTERNATIONAL LEGAL REGULATION OF SOCIAL PROTECTION OF CHILDREN WHO HAVE SUFFERED AS A RESULT OF MILITARY ACTIONS AND ARMED CONFLICTS

2024-04-15T10:46:42+03:00

Children growing up in conflict zones are protected under international humanitarian law as part of the civilian population. However, due to their vulnerability and special developmental needs, children are entitled to special protection. Some guarantees provided for in international legal acts have become norms of customary law.

Every child has the right to protection of their violated rights, guaranteed by both international and national standards. International standards are soft law instruments that guide to enhance protection and respect for children’s rights during military conflicts.

The main international legal acts that form the basis for the protection of children’s rights during armed conflicts are: the UN Convention on the Rights of the Child (1989); Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (2000, was ratified by Ukraine in 2004); the Geneva Convention relative to the Protection of Civilian Persons in Time of War (1949) and several UN Security Council Resolutions adopted between 1999 and 2009. These are the norms of international humanitarian law, which in war conditions become a priority and provide not only for the general protection of the rights of children as part of the civilian population but also for special ones. And their main goal is, first of all, the protection of the civilian population, that is not directly in a military conflict (it does not have weapons in its hands). And it is precisely international humanitarian law that aims to protect them to do everything possible to minimize violence, which, unfortunately, is inherent in any military conflict.

Purpose: to analyze international regulations on the social protection of children affected by military operations and armed conflicts. Methods: formal-logical method and method of system analysis, structurally functional method, and other research methods. Results: international legal acts regulating the social protection of children affected by military operations and armed conflicts were analyzed. Discussion: the issue is that there are mechanisms for recording violations and identifying those responsible, but they do not adequately prevent these events before they occur. Existing means of protecting children’s rights in times of war are often ineffective and not properly implemented, although they exist.

THE EMPLOYEE’S RIGHT TO FREEDOM OF EXPRESSION OF VIEWS IN SOCIAL MEDIA AND EMPLOYER’S CORPORATE POLICIES

2024-04-15T11:07:37+03:00

Purpose: to outline the main legal issues related to limiting the right of employees to freedom of expression in social networks; highlight the methods of giving the employer’s corporate policy legal force. Research methods: synthesis, analysis, generalization, comparison, forecasting, dialectical and other methods were used to achieve the research goal. Results: the concept of "employer’s corporate policy" was analyzed using the legislation of foreign countries. Ways of giving legal force to the employer’s corporate policy are highlighted. The main provisions that should be included in the corporate policy are summarized. The relationship between corporate policy and moral rules has been studied. The practice of the European Court of Human Rights was analyzed and the relationship between corporate policy and the right to respect for private and family life and freedom of expression was investigated. Discussion: in the conditions of rapid development of information technology, it is extremely important to respond to the legal problems caused by it. Public expression of views by employees on social networks can negatively affect the business reputation and capitalization of the employer. Solving the problem of compliance with the rights of employees in the course of implementing a corporate policy on limiting the public expression of employees’ views in social networks will lead to a reduction in the risks of violation of the latter’s rights and helps to strengthen communications with employers.

LEGAL IMMUNITY IN CIVIL PROCEEDINGS: CURRENT CHALLENGES

2024-04-15T11:45:29+03:00

The purpose of this article is to study the current problematic issues related to legal immunity in civil proceedings. To this end, the author analyzes the concepts of "immunity", "legal immunity", "procedural immunity", "attorney’s immunity, witness immunity, court immunity in civil proceedings", as well as external and internal elements of immunity. The author also analyzes the peculiarities of the legal regime of the parties to court proceedings and their practical significance. The methodological basis of the study is general scientific and special methods of scientific cognition. The use of these methods made it possible to analyze legal immunity in civil proceedings and to describe the problems of its legal regime. Results: procedural immunity of an attorney-at-law, an expert, and a judge is their protection from the influence of external and internal factors of public life, both in the course of their professional activities and in their everyday personal life. Discussion: it is necessary to distinguish between external and internal elements of the immunity of an attorney, expert, and judge, which have their own content and therefore affect the external forms of manifestation of independence and inviolability of these persons in connection with their professional activities (for example, for an attorney representing a client in civil proceedings).

LEGAL NATURE OF VOLUNTEER ACTIVITY AS A FORM OF CHARITY IN THE SYSTEM OF SOCIAL SUPPORT OF THE POPULATION

2024-04-15T13:02:46+03:00

Purpose: to disclose a legal nature of volunteer activity as a form of charity in the system of social support of the population. Research methods: formal-logical, dogmatic, comparative, system-structural methods are used. Results: it was concluded that disclosing the legal nature of volunteer activity, which has a complex nature, should be made from the position of a multidisciplinary approach, which uses the knowledge, conceptual apparatus and methodology of various scientific disciplines in parallel. The peculiarities of volunteer activity as a form of charity were analysed and it was found that volunteer relations in the system of social support of the population have the mixed – social ensuring and civil law (contractual) – nature. Discussion: the peculiarities of volunteer work in comparison with the work of the employee under the employment agreement are determined.

In the conditions of a significant limitation of financial resources and an increase in the number of people who need support from the state, volunteer activity in the context of social support of the population is gaining constant relevance, as it is devoted to complement the social services provided by the state.

It was concluded that the work of the volunteer is significantly different from the work of the employee under the employment agreement. First of all, it is free of charge. Since the work of the volunteers is voluntary and free of charge, the condition of unpaid work excludes the possibility of regulating relations between the volunteer and the organization or institution that involves the volunteers in its activity, as well as between the volunteer and the recipient of social services (volunteer assistance), labour legislation.

The social security nature of volunteer relations is due to the fact that they arise within the limits of social risk and are aimed at overcoming it. At the same time, these relations have a complex contractual nature: on the one hand, a contract on the implementation of volunteer activity is concluded between the volunteer and the organization or institution that involves the volunteers in its activity, and on the other hand, a contract on the provision of volunteer assistance is concluded between the volunteer and the recipient of volunteer assistance.

FEATURES OF EMPLOYMENT OF PERSONS WITH DISABILITIES AND PERSONS WITH REDUCED WORKABILITY

2024-04-15T13:14:28+03:00

Purpose: article examines the specifics of employment of persons with disabilities and persons with reduced working capacity. It is emphasized that the employment of these categories of citizens is an important aspect of their social and economic integration. The article defines the basic rights of persons with disabilities and persons with reduced working capacity in the field of work, as well as the specifics of employment of this category of citizens. The article also discusses measures that can contribute to increasing the level of employment of persons with disabilities and persons with reduced working capacity. To investigate the current state of social reforms and their impact on social security in Ukraine, in particular, paying attention to European social standards as potential guidelines for the newest model of sources of social security law. Research methods: the research is based on the analysis of modern studies in the field of social reforms and uses methods of evaluation and comparative analysis. European experience and practice are studied as key components to understand the best ways to improve social security. Results: the study found that it is necessary to study and implement European social standards in more detail to solve the problems of efficiency, accessibility and inclusiveness of the Ukrainian social security system. Analysis of current trends in social reforms provides important guidelines for further improvements. Discussion: the discussion is aimed at determining specific measures to improve social security in Ukraine based on European standards. The need for a deeper study and adaptation of best practices to increase the efficiency and inclusiveness of the system is indicated. This article is distinguished by its focus on the practical application of European experience in the context of Ukrainian social reforms, creating a basis for further discussions and improvements in the field of social security in Ukraine.

The conclusion of the article is that employment of persons with disabilities and persons with reduced working capacity is an important task for society. To solve it, it is necessary to ensure the observance of the rights of this category of citizens in the field of work, as well as to develop and implement effective measures for their employment.

SPECIALIZED (ATYPICAL) PROVISIONS NATIONAL TRANSPORT LAW

2024-04-15T13:26:23+03:00

SPECIALIZED (ATYPICAL) PROVISIONS

NATIONAL TRANSPORT LAW

Kyiv National Economic University named after Vadym Hetman

54/1, Beresteiskyi Avenue, 03057, Kyiv, Ukraine

E-mаil: vitalii.cherneha@kneu.edu.ua

Purpose: formation of a systemic vision of specialized (atypical) national transport law provisions. Research methods: analysis, synthesis, induction, deduction (thoroughly applied according to the chosen research subject); historical and legal (made it possible to reveal the system of national transport law definition-provisions through the prism of the transformation of transport legislation of Ukraine); systemic (contributed to the disclosure of the system of specialized (atypical) national transport law); prognostic (made it possible to outline the scientific prospects for the implementation of specialized (atypical) national transport law provisions); modeling (applied to form conclusions and recommendations on the subject of the selected research). Results: the author’s vision of specialized (atypical) national transport law provisions was formed, which included: national transport law goals-provisions; national transport law principles-provisions; national transport law definition-provisions; national transport law terms-provisions; operational national transport law provisions; conflict transport law provisions. It was determined that it is promising in scientific research: first, to study in detail the issue of the implementation national transport law principles-provisions; secondly, comprehensively consider the issue of improving the clarity of the national transport law definition-provisions; thirdly, to identify problems and reveal the scientific and applied potential of the national transport law terms-provisions; fourth, to reveal the issue of the implementation of conflict of conflict transport law provisions. Discussion: the national transport law goals-provisions; national transport law principles-provisions; national transport law definition-provisions; national transport law terms-provisions; operational national transport law provisions; conflict transport law provisions, included in the systematics of specialized (atypical) transport law of Ukraine provisions.

CRIMINOLOGY MODEL OF CRIME PREVENTION IN THE FAMILY SPHERE

2024-04-15T15:02:43+03:00

Purpose: scientific and methodological understanding of the development and introduction of a criminological model of crime prevention in the family sphere into domestic criminological science. Research methods: logical-legal, formal-legal, cognitive-analytical, comparative-legal analysis, deduction and others. Results: the author’s definition of the criminological model of crime prevention in the family sphere was formulated. A road map of the criminological model is proposed. Discussion: the criminalization of crime in the family sphere, which took place in connection with changes in the 21st century in socio-economic and political processes, which required at the same time criminal-legal protection of the legal rights and interests of a person and a citizen in various spheres of his/her life, including and in the family sphere. It is proved that the specified model is based on our definition of a real goal; cover a wide range of subjects (state and non-state structures).

It is worth noting that crime in the family sphere is not an accidental fact of human destructiveness, it is a high level of quantitative and qualitative indicators of criminal offenses committed by an offender in the family sphere. Since this crime has a tendency to increase, we have set the task of actualizing a comprehensive study of all interrelated aspects, on the basis of which a criminological model and effective mechanisms of its counteraction and prevention can be developed.

Since the prevention of crime in the family sphere as an object of criminological modeling was not the subject of a separate study, we decided in this article to develop a road map for such modeling and to propose the scientific community to start a discussion on finding ways to prevent crime in the family sphere.

The opinion that many victims perceive crime in the family sphere as an inevitable phenomenon in life, and do not report it is well-founded. Other victims who have the courage to seek help from the authorities are sometimes sent back without being taken seriously. Others cannot find protection and justice because of the weakness of the legal framework. It is the family safety of the family that should become the impetus that will form zero tolerance for such a crime and show that every person has the right to be treated with dignity and protection.

As for the objects of crime prevention in the family sphere, they include various processes and phenomena. These are economic, political, psychological and other factors that determine the level and dynamics of crime in the family sphere. The degree of connection of these factors with crime can be different. Knowing it with the help of criminological analysis determines the scope of preventive activities and its effectiveness.

DEFINITION OF THE SUBJECT AND OBJECT OF UNAUTHORIZED INTERFERENCE IN THE WORK OF INFORMATION (AUTOMATED), ELECTRONIC, INFORMATION AND COMMUNICATION SYSTEMS, ELECTRONIC COMMUNICATION NETWORKS (ARTICLES 361, 361-1 OF THE CRIMINAL CODE OF UKRAINE)

2024-04-15T15:54:44+03:00

The purpose of the article is to study the legal status of the subject and object of unauthorized interference with the operation of information (automated), electronic, information and communication systems and electronic communication networks. Research methods: the article uses the dialectical method of cognition, general scientific and special research methods. In particular, structural-functional, deductive methods and the method of scientific forecasting. Results: the issues raised allow us to explore the problems associated with the rapid development of technology and the increasing number of interventions in the work of information (automated), electronic, information and communication systems and electronic communication networks, which leads to the need to improve legislation. Discussion: the article provides a criminal law description of the subject and object of unauthorized interference with the operation of information (automated), electronic, information and communication systems and electronic communication networks.

The author concludes that to properly classify criminal offences related to unauthorised interference with the operation of information systems, it is necessary to clearly define the subject matter of these offences at the legislative level. This includes electronic, information and communication systems, and electronic networks. It is important to determine what is included in the concept of computer information. Additionally, legislators should consider that these offences involve constantly evolving and expanding objects.

THE ROLE AND RESPONSIBILITIES OF THE INVESTIGATOR IN CRIMINAL PROCEEDINGS

2024-04-16T09:23:10+03:00

The purpose of the article is to examine the role and powers of an investigator in criminal proceedings with a view to defining his/her key function in conducting an investigation, ensuring justice and interacting with other participants to justice. Research methods: the author uses a comprehensive analysis of legal acts, scientific literature and practice of application of criminal procedure legislation. Results: the author has established that the investigator is a key figure in the pre-trial investigation and is responsible for a comprehensive, complete and impartial investigation of the circumstances of criminal proceedings. The investigator has broad powers that enable him or her to collect evidence, identify perpetrators, and take measures to ensure their presence in court. However, even when recognizing the achievements of the Criminal Procedure Code, it is necessary to recognize its shortcomings, in particular, in the issue of powers of investigators. Abuse of these powers can lead to illegal pressure on witnesses, illegal detentions and other violations. Some norms of the Criminal Procedure Code of Ukraine regarding the powers of the investigator require clarification and clear wording. Solving these problems requires an integrated approach. First, it is necessary to improve the legislation to eliminate ambiguities and gaps in the authority of the investigator. Secondly, systematic training and professional development of investigators should be carried out so that they have sufficient knowledge and skills for the correct application of the law. Thirdly, it is necessary to strengthen control over the activities of investigators by creating an effective supervision system that will prevent abuse and violations of the law. Discussion: an important aspect of the investigator’s activity is compliance with the principles of legality, objectivity, comprehensiveness and completeness of the investigation of the circumstances of criminal proceedings. The investigator is obliged to impartially investigate all the circumstances of the case, both incriminating and exculpatory, to give them an appropriate assessment and to make a lawful and reasonable decision. The current legislation of Ukraine, unfortunately, does not guarantee full procedural autonomy and independence of the investigator. To improve the situation, it is necessary to make changes to the legislation, clearly defining the concepts of "procedural independence" and "independence" of the investigator. This will increase the efficiency of the pre-trial investigation and ensure the legality and objectivity of procedural decision-making. Only in this way will it be possible to talk about respect for human rights and justice in the field of criminal justice.

PECULIARITIES OF APPLYING HOUSE ARREST AND MEANS OF INDIVIDUAL CONTROL DURING MARTIAL LAW

2024-04-16T10:37:36+03:00

The purpose of the article is to analyze the possibilities and limitations of applying house arrest and individual control measures under martial law with a view to ensuring effective control over citizens who may pose potential security threats. The author examines the legal, ethical and practical aspects of applying these measures, taking into account the peculiarities of martial law and the need for a balanced approach between ensuring the security of society and protecting the rights and freedoms of citizens. The research methods include analysis of legislation on the use of house arrest and individual control measures under martial law, as well as study of case law and experience of other countries in this area. In addition, the methods of sociological surveys and analysis of expert opinions are used to determine the public’s attitude to the use of such measures in the context of a military conflict. The results of the study indicate the need for careful regulation of the use of house arrest and individual control measures during martial law in order to ensure a balanced approach between public security and protection of citizens’ rights. The identified problems and needs will contribute to the further development of the legal and institutional mechanism of control in the context of martial law. Discussion: the article highlights the need to develop more specific criteria for the use of house arrest and individual control during martial law, taking into account the specifics of the conflict and ensuring the protection of citizens’ rights. The author also discusses possible ways to improve the effectiveness of control over persons under such restrictions in order to prevent cases of abuse of power or violation of their rights.

LEGAL CHARACTERISTICS OF THE SUBJECT AND THE SUBJECTIVE SIDE OF THE CRIME – PILGGER

2024-04-16T10:51:59+03:00

The purpose of the article is aimed at researching the concept and signs of the composition of the legal characteristics of the subject and the subjective side of the crime of looting, as well as conducting a systematic analysis of the features of the legal composition of this criminal offense. Research methods are the main methods and means of knowledge, such as: documentary analysis and synthesis, comparison, objective truth, cognitive-analytical, interdisciplinary method of legal research, generalization. Results: the concepts and features of the legal composition of the crime of looting were comprehensively studied. The current state of Ukrainian legislation regarding the criminal offense of looting is analyzed. Also, taking into account the conducted research and study of scientific legal literature, which reveals the essence and content of each of the elements of the criminal offense, and looting itself, it was established that the subjects of looting are military personnel, conscripts, reservists during their training (they can be both citizens of Ukraine and foreigners, stateless persons, fit for military service due to their health). The definition of the subjects of such a criminal offense as looting allows to consider the subjective side of looting as the fault of direct intent (to qualify the illegal actions of the subject of looting, there must necessarily be a selfish motive, i.e. taking possession of the victim’s belongings for the purpose of one’s own material gain). Discussion: the subject and the subjective side of looting are mandatory parts of the legal composition of this crime, without which it is invalid. At the same time, looting is considered completed from the moment when the offender is able to dispose of the stolen items at his own discretion.

ALTERNATIVE WAYS TO RESOLVE CRIMINAL LEGAL CONFLICTS

2024-04-16T11:13:37+03:00

Purpose: the goal is to comprehensively investigate the theoretical and practical aspects of applying alternative methods to resolve criminal legal conflicts in Ukraine. Research methods: the research employs logical-legal, formal-legal, cognitive-analytical, comparative-legal analysis, deduction, and other methods. Results: the study proposes a correlation between traditional methods of resolving criminal legal conflicts and alternative methods. The essence of criminal legal conflicts and the application of existing legislation in this aspect are analyzed. Discussion: contemporary concepts of the term «criminal legal conflict» are examined. The possibilities of applying alternative methods to resolve criminal legal conflicts are analyzed in accordance with current legislation. In modern society, there is a need to consider and implement alternative methods for resolving criminal legal conflicts, driven by the contemporary societal demand for the application of adaptive and flexible conflict resolution methods that take into account the interests of all parties and contribute to the restoration of justice. Traditional methods lead to the burdening of the judicial system, prolonged processes, and do not always satisfy the needs of all parties.

Research into alternative methods for resolving criminal legal conflicts is a current task aimed at ensuring the efficiency of justice and meeting society’s demand for fairness.

Traditional methods of resolving criminal legal conflicts are based on pre-trial investigation and the punishment of those found guilty by the court. The existing system has its limitations and drawbacks. For instance, the concentration of criminal justice on punishing the offender often results in the victim practically being left out of the resolution of the criminal legal conflict, losing the right to participate in their own case.

The punitive focus of the criminal process is directly linked to the interpretation of a criminal offense as a violation of the state’s laws rather than causing harm to specific individuals and their relationships. In turn, victims endure a double physical, moral, and material burden: firstly, directly from the criminal offense, and secondly, from the established method of justice, which does not allow for a comprehensive resolution of their problems and timely and adequately addressing their concerns.

CERTAIN TYPES OF INSTRUMENTS OF THE ADMINISTRATIVE AND LEGAL MECHANISM FOR ENSURING AIR PROTECTION AND AIRSPACE SAFETY

2024-04-10T14:32:54+03:00

The purpose of the article is to characterise certain types of instruments of the administrative and legal mechanism for ensuring air protection and airspace security. Research methods: the chosen topic of scientific research requires the use of various scientific methods and approaches to obtain high-quality results. Therefore, the following research methods were used to solve the tasks set: analysis; systematic method; analytical method, etc. Results: one of the most urgent tasks facing Ukraine today is the problem of preserving, improving and restoring the state of atmospheric air, which is favourable for life. Technical regulations play an important role in the protection of atmospheric air. It is indicated that, in accordance with the provisions of the current regulatory legal acts in the field of atmospheric air protection, the main legal mechanisms of state regulation of atmospheric air protection are rationing and standardisation in the field of atmospheric air protection, regulation of the location of facilities and sources of atmospheric air pollution, conducting state environmental and other expert examinations of facilities which have a significant impact on the environment and human health, and the permitting procedure for authorisation by the State of activities which may be accompanied by emissions into the environment. Discussion: the author highlights such instruments as accounting and monitoring of atmospheric air quality and control over the air condition by the state and polluters themselves. These mechanisms and instruments of state regulation allow to protect the atmospheric air from excessive exposure to pollutants and other interference, as well as to carry out state management of the use of atmospheric air.

LEGAL RESPONSIBILITY FOR THE USE OF UNMANNED AIRCRAFT SYSTEMS FOR MILITARY PURPOSES

2024-04-12T10:46:02+03:00

The purpose of the article is to explore the current sense of uncertainty regarding applicable legal standards, the rapid development and proliferation of unmanned aerial vehicles and robotic technologies due to the perceived lack of transparency and accountability of current policies, which can polarize the international community, undermine the rule of law and ultimately destabilize the security of the international environment as a whole. Research methods: the study is based on scientific and specifically legal methods of knowledge, which were used to analyze doctrinal approaches to the development of ideas regarding the understanding of the concept and essence of unmanned aerial vehicles, their use for military purposes, and legal responsibility for violations of humanitarian law. One of the main methods used is the dialectical method of cognition, which made it possible to establish and distinguish the qualitative characteristics of the studied phenomenon. Thanks to a special legal method, the norms of humanitarian law were investigated with the aim of calling for the full, fair and effective use of the law enforcement mechanism in order to bring to legal responsibility all those involved in the use of unmanned systems in the military by a terrorist country on the territory of Ukraine. Results: Ukraine, as a part of Europe, is fighting for modern and future principles of the rule of law, the rule of law and the protection of human rights. At the same time, the terrorist country uses the latest technologies for an aggressive appeal to the principles of the past, which is based on the mutilation of humane principles, uses labor cases and the greatest manifestations of the Middle Ages and the rules of ancient nomadic tribes. Ukraine hopes that international humanitarian law and the law of war will be applied fairly, effectively and as quickly as possible to bring to justice all those involved in a terrorist country that uses the latest technologies to commit crimes against humanity. Discussion: Since the full-scale invasion of the northern neighbor on the territory of Ukraine, interest in all types of UAVs has grown in a special way. This war demonstrated the combat advantages of drones, which have become smaller, more lethal, easier to operate, and available to almost everyone. However, there are also gaps in the application of the legal responsibility of those involved in the use of drones to violate international humanitarian law rights.

LEGAL SECURITY OF THE ACTIVITY INTERNATIONAL AIRPORTS

2024-04-12T11:05:07+03:00

Purpose: generalization of approaches to the legal support of the activities of international airports in order to take into account the best experience in Ukraine. Research methods: general-scientific (dialectical, analysis and synthesis, system-functional, analogies) and special research methods (comparative-legal, logical-legal, formal-legal) were used. Results: the importance of legal regulation of airport activity at the international, regional, national, and local levels is asserted; it is proven that state regulation is key to the functioning of international airports; notices the constant changes in the legal provision of international airports, which meet new challenges and contribute to their more efficient operation; it is proven that the introduction of higher standards affects the competitiveness of airports; the necessity of implementing the requirements of EU legal acts in the field of aviation in Ukraine is determined. Discussion: local acts of international airports allow to raise standards and implement own development strategies; minimum standards for airports provide for compliance with the provisions of international agreements in the field of aviation; state programs, concepts and strategies for the development of international airports contribute to the development of the network of such airports and the economic strengthening of states; the introduced sanctions in the field of aviation affect the activities of airports and oblige them to be implemented; the activities of international airports are related to air traffic and are subject to state regulation (standards, certification, tariffs, investments, profitability, etc.), which requires constant improvement.

The author concludes that the activity of international airports is related to air traffic and is subject to state regulation (standards, certification, tariffs, investments, profitability, etc.), which requires constant improvement. States try to comply with the principles and provisions of international agreements and international standards by regulating airports at the national level. World practice shows that there are several levels of legal regulation of international airports: international, regional, national (state), and local (relevant to a particular airport). As a rule, highly competitive airports are subject to legal regulation at all of these levels. As Ukraine enters the common aviation area with the EU, it will be necessary for international airports in Ukraine to implement the aviation requirements of the EU Regulations.

COMMERCIAL RIGHTS AS A MAIN COMPONENT LIBERALIZATION OF ECONOMIC ACTIVITIES IN THE INDUSTRYAIR TRANSPORT

2024-04-15T13:38:03+03:00

The purpose of the article is to analyze the problems of ensuring the commercial rights of aviation enterprises from the standpoint of the organizational, legal and economic component of the enterprise, to outline models for ensuring compliance with commercial rights in the activities of aviation enterprises, to develop a universal model for ensuring "freedom of air" in the activities of aviation enterprises during cargo transportation. Research methods: in order to achieve scientific objectivity, the authors used a set of research methods that are used in modern legal science. The basis of the scientific article is scientific methods and principles inherent in both the general theory of law and the science of international law with its specific features. Comparative legal and formal legal research methods are used in the work. With the help of the formal legal method, the analysis of the texts of the first international conventions on civil aviation, the Chicago Convention on Civil Aviation of 1944, the Agreement on International Air Transport and the Agreement on Transit on International Air Lines of 1944, normative legal acts of Ukraine was carried out. This method was also used when defining the concepts of "access to the air transport market", "commercial rights" and in the process of researching Ukraine’s position on the liberalization of international air transport. This is explained by the fact that the study of the internal structure of legal norms, analysis of sources of law, systematization and interpretation of normative legal material is characteristic of the formal legal method. In general, the research is based on the principle of methodological pluralism, according to which the analysis must rely on a number of scientific methods, and not give exclusive preference to one of them. Results: the study of the issue of the legal foundations of the administration of the problem of commercial rights is part of the study of the problems of applied economic science, philosophy of law, economic and international economic law. The results of the research presented in this scientific article make it possible to determine the next steps in developing the problems of the development of legal science and the organizational and legal component of ensuring "freedom of the air" in the activities of aviation enterprises. Discussion: problems of liberalization of air transport are part of studies in aviation and economic law; the obtained scientific results allow us to assert the existence of connections between the degree of liberalization and the economic efficiency of the aviation enterprise.

AIRCRAFT FINANCIAL LEASING AGREEMENT

2024-04-15T14:05:33+03:00

Purpose: to study and analyse the legal nature of an aircraft financial leasing agreement and the peculiarities of its application in practice, highlighting the specifics of its subject matter, content, essential terms and conditions, and the subject matter of its parties in the aviation industry. Research methods: the study was conducted using general methods of cognition, analysis and synthesis, as well as special methods: formal-logical, formal-legal, structural-functional and comparative methods. Results: the author proves that an aviation financial leasing agreement is an extremely common type of economic and legal relations, the subject of which are aircraft objects transferred under the agreement by one party (the lessor) for exclusive use by the other party (the lessee) for a specified period of time, not less than the period for which 75% of the value of the leased object determined as of the date of the agreement is amortized, subject to payment of periodic lease payments. In this case, each party to the relationship satisfies its own interest. For a lessor, leasing an aircraft or other aviation facility is a profitable way to invest capital and a means of efficiently placing monetary assets. Aircraft owners can actively influence the aircraft leasing market and thereby expand their sales volumes. They also benefit from the possibility of receiving the full value of the leased aircraft with the help of intermediaries, which are usually leasing companies. As for the lessees, this is an opportunity to expand production capacity and upgrade their aircraft fleet without using borrowed capital or loans. Financial leasing is seen as a modern tool in the operations and development of many airlines both in Ukraine and globally, as it plays a crucial role in modernising production and increasing commercial profits, it is a flexible economic form that allows to meet the needs for aircraft use, and a financial leasing agreement significantly reduces the burden of bearing tax costs for the purchase of a new aircraft. Discussion: the priorities for expanding the institution of financial leasing through the conclusion of relevant agreements in the aviation sector will create new prospects for the development of the industry, rational use of funds of aviation enterprises, restoration of their activities in the war and post-war period both in Ukraine and abroad, and will intensify investment processes in the industry. Therefore, it is necessary to update the improvement of national legislation in the field of financial leasing and regulation of its agreements with the specifics of aircraft leasing, taking into account the peculiarities of their subject matter, subject composition, calculation and payment of lease payments, insurance premiums, etc.

EUROPEAN EXPERIENCE PROTECTION OF THE RIGHT TO ENTREPRENEURSHIP BY MEANS OF JUDICIAL ADMINISTRATIVE JURISDICTION

2024-04-15T14:23:05+03:00

Purpose: to substantiate the optimal legal form and means of protection of the right to entrepreneurship by an administrative court, based on the European experience of exercising administrative jurisdiction in public law disputes arising from legal relations in the field of entrepreneurship. Research methods: the study used general scientific and special methods. In particular, the dialectical method reveals the general connection between the specifics of relations in the field of entrepreneurship and the development of procedural forms of protection of the right to entrepreneurship in administrative proceedings. Special methods include: the comparative legal method, which was used to compare the substantive law provisions of national legislation of Ukraine and Germany, France, Belgium, as well as scientific categories, definitions and approaches. The historical and legal method made it possible to reveal the essence of the protection of the right to entrepreneurship in administrative proceedings and provided the basis for the author’s view on certain problematic issues. For a comprehensive generalisation of the features inherent in the development of procedural forms of protection of the right to entrepreneurship, the author uses the method of system analysis. Using the normative-dogmatic method, the author analyses the content of the legal acts of domestic and foreign legislation regulating the issue under study. By the method of legal modelling, the author develops proposals for improving the regulatory framework governing the development of procedural forms of protection of the right to entrepreneurship in Ukraine. Results: the article makes a comparative analysis of the problem of forms of protection of the right to entrepreneurship in administrative proceedings in Ukraine and developed European countries (Germany, France, Belgium). For this purpose, a number of legal acts of both countries regulating this issue have been developed. Certain forms of protection of the right to entrepreneurship are defined to entrepreneurship in administrative proceedings. It is established that in countries with well-developed legislative traditions, there is a clear distinction between general and special legislation. General legislation establishes requirements for certain legal procedures, while special legislation establishes such requirements only in exceptional cases. This publication examines general and specific forms of protection of the right to conduct a business in administrative proceedings. It is proved that an effective legal remedy for the protection of the right to entrepreneurship is a "temporary order". As this institution is currently absent in Ukraine, the author analyses Germany’s positive experience to propose its introduction in Ukraine. Discussion: analyses different scientific approaches to determining the forms of protection of the right to entrepreneurship in administrative proceedings. It also covers general issues of forms of administration of justice in administrative cases. However, it does not take into account the specifics of disputed legal relations regarding the exercise of the right to entrepreneurship; general definition of the essence of a public law dispute; public law disputes in the field of economic activity as the subject of administrative proceedings.

SEPARATE PROBLEMS OF COUNTERCURRENCY IN THE ECONOMIC PROCESS

2024-04-15T14:43:47+03:00

Purpose: to outline the problems of implementation of measures of counter-enforcement of the claim in the economic process, based on the analysis of which to propose ways to solve and improve the economic procedural legislation regarding the provision of the claim. Research methods: the method of analysis is applied to research the positions of lawyers and identify problems of securing a claim. The formal-logical method was used to form conclusions, proposals aimed at solving the identified problems and improving economic procedural legislation regarding the provision of a claim and counter-enforcement in particular. Results: it has been proven that the institution of counter-security is aimed at protecting the defendant’s rights; the practical application of the requirement regarding the offer of counter-security is mostly of a formal nature and may be rejected by the court on condition of the applicant’s request not to apply such a measure; it is proposed to change the approach formed by judicial practice and to enshrine the legal counter-security as mandatory, without the possibility of its cancellation; the defendant has the duty to show the connection between the applied measures to ensure the claim and the damage caused and to substantiate the amount of the damage caused. Discussion: singling out separate grounds for the application of counter-security will violate the balance of equality of the parties to the case, therefore, counter-security should be applicable to all types of measures to secure a claim in an economic process. It is worth paying attention to the fact that, in addition to those specified in the law, there are other grounds for canceling measures to secure a claim, which are not directly defined by procedural legislation. The absence in the application of measures to ensure the offer of counter-security is grounds for the return of the application, and the closing of the proceedings, the satisfaction of the claim or the applicant’s failure to provide evidence regarding the provision of counter-security are grounds for canceling the decision on securing the claim and the resolution on counter-security. The position of the Supreme Court is debatable, that the counter-security in the form of compensation for potential damage is of an advisory nature, so the presence or absence of an offer must be considered by the court in a specific case.

THE LEGAL PARADIGM OF THE RESTORATION OF UKRAINE: PROBLEMS AND PERSPECTIVES

2024-04-16T11:23:27+03:00

Purpose: summarizing the results of the 14th International Scientific and Practical Conference "The Legal Paradigm of the Restoration of Ukraine: Problems and Prospects", and developing proposals for the intensification of research aimed at solving specific problems of the restoration of Ukraine, which require an urgent solution. Research methods: to achieve the goal of the research, general and special methods were used, in particular the functional-legal, structural-systemic, generalization and other methods. Results: the generalized tasks outlined by the participants of the conference, which (tasks) appeared on the agenda of Ukrainian legal science in the conditions of the restoration of Ukraine, in particular, consist in the scientific substantiation of issues related to legal values as determinants of the development strategy of Ukraine in the conditions of European integration; innovative modernization of public-legal relations in Ukraine: focus on strategy during the war and post-war recovery; modern trends in the development of criminal and legal science and law enforcement activities; the vision of national private law in the post-war period; trends in the development of economic, air and environmental law through the prism of the world experience of post-war reconstruction of the country and national characteristics. Discussion: on March 1, 2022, the European Parliament at an extraordinary meeting considered Ukraine’s submission and recommended granting it the status of a candidate for EU accession, which imposes obligations on the country to meet the membership criteria. It was established that in order to ensure Ukraine’s compliance with EU legal values, it is necessary to implement a number of measures, in particular to adopt and bring national legislation into line with European standards, to create an effective system of justice and law enforcement agencies, to ensure compliance with human rights and fundamental freedoms; taking into account the complexity of the interrelationships between military conflict and legal values, there is a growing need to preserve universal human values in law, especially regarding the protection and observance of human rights and freedoms, actualization of the issue of responsibility for war crimes, compensation for damage caused, payment of reparations.

LEGAL MECHANISM OF PROTECTION OF RIGHTS OF MILITARY PERSONNEL IN UKRAINE DURING THE STATE OF MARTIAL

2024-04-12T11:35:03+03:00

The purpose of the research is to find effective and optimally possible legal mechanisms for the protection of the rights of military personnel in the conditions of martial law and military operations. Research methods: to achieve the defined goal, general and special scientific methods were used, in particular, dialectical, axiological, objectivity, systematic, analysis, and comparative legal methods. Results: legal and social protection of military men and their family members in the conditions of armed aggression of the Russian Federation against Ukraine is gaining special importance. The provisions of the national legislation, which have undergone changes in the context of the regulation of additional guarantees for persons who perform defense tasks in response to armed aggression, are clarified. Attention is focused on the relationship between the state of the country’s defense capability and the provision of enhanced legal and social protection of military personnel, conscripts or reservists. Discussion: according to the information of law enforcement agencies, the number of criminal proceedings regarding war crimes and illegal arms trafficking has increased to a record level. At the same time, the number of other pre-war proceedings has significantly decreased. Legislative changes and some aspects of the investigation of war crimes have a significant impact on solving the problem of violation of the rights of military men and making balanced and fair decisions. The authors raise the problem of protecting the rights of military personnel in a particularly difficult period of martial law and military operations. As a conclusion, it is noted that the provision of enhanced social protection of military personnel contributes to the fulfillment by citizens of Ukraine of their duty to protect the Motherland - Ukraine, its sovereignty, independence and territorial integrity. Establishing such an approach to the legal and social protection of military personnel becomes part of ensuring the country’s defense capability.

THE FEMALE FACE OF UKRAINIAN DIPLOMACY IN THE UPR ERA

2024-04-12T12:08:06+03:00

Purpose: to study the role of Ukrainian women in the formation of the diplomatic service of the UPR era in the context of the development of modern diplomacy. Research methods: based on the results of comparative legal analysis, the peculiarities of the implementation of the gender approach in the development of modern diplomatic service; methods of historical and chronological and historical reconstruction are used to recreate the role of women in the formation of the Ukrainian diplomatic service of the UPR era; the prognostic method is used as a tool for determining the prospects for further development of the principle of gender equality in domestic diplomacy and justifying its importance for improving the effectiveness of diplomatic service. Results: the problem of observance of the gender principle in the activities of the modern diplomatic service of Ukraine, ensuring the conditions for its full implementation and outlining its historical and legal origins is actualized; the positive influence of Ukrainian women on the process of formation of the national diplomatic service of the Ukrainian People’s Republic, the development of foreign policy relations and its positioning in the world as an independent sovereign state is substantiated; the historiographical analysis of individual personalities and the achievements of Ukrainian diplomats of the specified period are carried out; the historical origins of the national traditions of observance of the principle of gender equality in the organization of the diplomatic service are substantiated and the prospects for its further development in the context of Ukraine’s European progress are determined. Discussion: the historical role of women in the development of the Ukrainian diplomatic service as a condition for the implementation of a gender approach in modern conditions.

DEFINITION OF THE CONCEPT OF «WASTE» AS A LEGAL CATEGORY

2024-04-12T12:30:22+03:00

The purpose of the article is to define the concept of «waste» as a legal category. Research methods: the solution to the set goal was carried out using special scientific and general scientific methods of cognition, among which structural-logical, synthesis and analysis, dialectical, comparative-legal methods are distinguished. Results: the characterization of waste as objects of legal relations should include a set of such signs as: 1) impossibility of obtaining useful properties of things, substances, materials by the owner or owner; 2) lack of intention of the owner or possessor of such an object to continue actual possession, which must be demonstrated openly. Discussion: it is determined that one person’s rejection of objects that have lost their useful properties does not mean that other persons do not intend to own, use or dispose of them, which is evidenced by the provisions of Art. 332 of the Civil Code of Ukraine, which establishes the acquisition of ownership of a processed item, including an item made from waste.

The author concludes that the characterization of waste as objects of legal relations should include a set of such signs as: 1) the impossibility of obtaining useful properties of things, substances, materials by the owner or possessor; 2) lack of intention of the owner or possessor of such an object to continue actual possession, which must be demonstrated openly. At the same time, the refusal of one person from objects that have lost their useful properties for him does not mean that other persons do not intend to own, use or dispose of them, which is evidenced by the provisions of Art. 332 of the Civil Code of Ukraine, which establishes the acquisition of ownership of a processed item, including an item made from waste. These conclusions require changes to the current legislation of Ukraine, which will be the subject of further copyright searches.

UNIVERSALITY OF HUMAN RIGHTS: A CROSS-CULTURA ANALYSIS

2024-04-12T12:46:03+03:00

The purpose: to analyze from a theoretical and legal point of view the modern problems that exist in the process of cognition and comprehension of the principle of universality of human rights. Research methods: the dialectical method of cognition, general scientific and special methods, in particular cross-cultural analysis, were used in the work. Results: it has been found that international human rights standards are universal, they are endowed with universalism, which can be considered in two aspects: firstly, they apply to all people without exception, regardless of any characteristics, which is reflected in many legal documents (subjective criterion); secondly, referring to the developed terminology, from the point of view of the scope of rights (standards), they are also usually differentiated into two groups: universal and regional (territorial criterion). It has been established that to some extent there has been a decrease in the general belief in the possibility of progress of humanity towards universal values on the basis of globalization. Discussion: if earlier the universality of human rights was a more or less obvious idea within the framework of Kant’s project of perpetual peace, and cultural differences acted as an additional factor, today the very justification of the universality of such rights becomes more problematic. Human rights are a kind of individual rights from which a person cannot waive, and the achievement of which is a goal on a global scale. Human rights, unlike other rights, always retain their validity, even if they do not belong to treaties and constitutions. However, their implementation requires institutionalization. Universal human rights standards are enshrined in universal international legal acts adopted by all or most countries of the world, and apply to the entire population of the Earth, primarily related to the activities of the United Nations.

BASIC CONCEPTS AND PRECONDITIONS FOR DENIAL OF GENOCIDE: CONTEMPORARY CHALLENGES FOR HUMAN RIGHTS

2024-04-12T13:53:53+03:00

The purpose of the article is to study the concept of genocide and the phenomenon of its denial, analysis of classifications and methods of denial of genocide. Research methods: general scientific and special legal methods of scientific knowledge are applied, in particular: system-structural method, observation method, generalization method, methods of analysis and synthesis. Results: the author concluded that the denial of genocide has four preconditions: 1) unwillingness to psychologically accept the brutality of crimes; 2) substitution or contradiction of historical facts; 3) political position of the government; 4) support of ideological "anti-democratic" movements. Discussion: the nature of the origin of genocide denial was analyzed and it was found that in most cases, according to research results, the political aspect of genocide denial prevails over the legal one, since the crime of genocide is committed by the government or the state, which greatly complicates the process of incrimination and prosecution, the result of which can become a geopolitical conflict.

The author concludes that the above genocide denial has four roots: 1) unwillingness to psychologically accept the brutality of crimes; 2) substitution or contradiction of historical facts; 3) political position of the government; 4) support for ideological "anti-democratic" movements.

He also emphasises that not only a more thorough interpretation of the concept of "genocide" and its consolidation in international legal documents will help to eradicate such crimes in the modern world. Also, a detailed analysis of the phenomenon of "genocide denial", i.e. where this ideology comes from and an understanding of why and for what purpose, will provide an important basis for arguments by lawyers and international organisations that firmly defend the position of human rights protection.

FEATURES OF THE PROTECTION OF PERSONAL DATA AND OTHER INFORMATION DURING ARMED CONFLICTS

2024-04-12T14:28:06+03:00

Purpose: to study the essence of personal data and the peculiarities of their protection during the period of martial law in Ukraine and to provide recommendations on the regulation of relevant issues. Research methods: this scientific paper was written by the author with the use of generally recognized methods of scientific knowledge, namely, analytical, formal, comparative-legal, systemic-structural, and the like. Results: the concept, essence, and features of personal data and related categories were analyzed, the problems of ensuring their reliable protection were pointed out, and proposals were made to overcome such difficulties by improving national legislation, in particular, by adopting European experience and harmonizing the current legal framework with EU standards. Discussion: the discussion takes place in this study regarding the peculiarities of the legal regulation of personal data protection during the full-scale invasion of the Russian Federation into Ukraine and methods of improving the level of such protection in the current situation.

E-HRYVNIA AS A STEP TOWARDS REFORMS IN THE FINANCIAL SYSTEM OF UKRAINE: FOREIGN EXPERIENCE

2024-04-12T14:51:57+03:00

The purpose of the study is to analyze the foreign experience of introducing national electronic currency and their legal regulation and to try to express a position on the mechanisms for protecting the rights of individuals when introducing new payment instruments by Ukrainian legislation in the process of introducing electronic money. Research methods: the article uses the following general scientific research methods: observation and description, and theoretical methods: analysis, generalization, explanation, as well as systemic, functional, and specific sociological methods. Results: the author outlines modern world approaches to the introduction of electronic money arising from the objective grounds for the development of the financial system and financial control and virtual assets; identifies and formulates the main trends in the context of determining the processes of protecting the rights of persons involved in such legal relations. Discussion: recently, there have been rapid developments in digital technologies, which undoubtedly affects the development of the financial system, in particular. The role of innovations is growing, new payment technologies and services are appearing in the financial market, and central banks are considering the possibility of introducing their own digital currency. Undoubtedly, the launch of the e-hryvnia will be a significant step for Ukraine in shaping its image as a modern high-tech country, as it will be one of the first examples of the introduction of a new instrument for regulating monetary circulation at the state level. The introduction of the e-hryvnia will also strengthen the integration of the national digital currency with other government electronic services. The concept of a central bank digital currency has been around for several years. With the launch of digital money, countries around the world have set high expectations related to improving financial inclusion, promoting economic growth, creating a secure digital payment system, and making financial transactions transparent.

CORRELATION OF THE TRANSPARENCY PRINCIPLE WITH THE PRINCIPLES OF PUBLICITY AND OPENNESS IN THE ACTIVITIES OF ADMINISTRATIVE COURTS

2024-04-12T15:19:41+03:00

The purpose of this article is to propose an approach for determining the relationship between the principle of transparency and the principles of publicity and openness in the activities of administrative courts and, on this basis, to substantiate proposals for improving national legislation. Research methods: the work is based on the dialectical method of scientific knowledge in logical and semantic combination with the method of comparative analysis, logical and semantic method, method of generalisation and documentary analysis. Results: the article examines the essence and correlation of the principles of transparency, publicity and openness. It is concluded that the principle of transparency encompasses the principles of publicity and openness of administrative proceedings. This principle not only ensures that parties to court proceedings receive information provided by law, but also requires the administrative court to respond appropriately to relevant requests and maintain a continuous relationship with the parties during the consideration of a court case. The proposes to amend the legislation with a view to enshrining the right of a party to an administrative case, within the framework of the principle of publicity and openness, to receive information not only about the results of consideration of its case, but also about the results of its resolution. Discussion: analysing the content of general theoretical issues of public authorities, including the judiciary, from the perspective of the implementation and realisation of the principles of transparency, publicity and openness. It emphasises the key role of the concept of transparency in judicial administrative proceedings as a combination of requirements not only to ensure that participants in judicial administrative proceedings are informed and have the opportunity to influence the administrative court in a legal manner, but also to ensure that the administrative court responds to the appeal, which is a condition for the proper implementation of the principles of dispositivity, competition and official clarification of the circumstances of the case.

IMPLEMENTATION OF PERSONNEL POLICY BY MILITARY ADMINISTRATIONS UNDER CONDITIONS OF MARTIAL LAW

2024-04-15T09:52:41+03:00

The purpose of the article is to justify the objective necessity and special aspects of modernizing the provision of personnel, as well as to form proposals for improving the administrative and legal regulation of the personnel provision process in military administrations as a key element of the functioning of the institution, the main tasks of which include implementing measures of the legal regime of martial law, defense, civil protection, public safety and order, protection of rights, freedoms, and legitimate interests of citizens. Research methods: the methodological basis of the research consisted of general scientific and special legal methods of cognition, in particular dialectical and system-functional methods, which allowed analyzing the priority directions of modernization of public-legal relations in Ukraine, primarily in terms of improving the provision of personnel in military administrations. The result of the proposed scientific work is the development of theoretical provisions, based on which it is determined that at the present stage of building the Ukrainian state, the priority direction for conducting innovative modernization of public-legal relations in Ukraine in the context of building a strategy during the war is the creation of a transparent system of the provision of personnel in military administrations, improving the level of efficiency and effectiveness of their activities. Since one of the key aspects for the development of military administration is the provision of personnel, the achievement of tasks set before military administrations depends on the appropriate qualification of their personnel, discipline, teamwork, and ability for professional growth. Discussion: qualitative changes in the process of public administration reform can only be achieved by implementing innovative activity methods. After all, the sphere of public administration must respond to today's transformations, overcoming technological underdevelopment through systematic implementation of innovations in the activities of public administration bodies.

FEATURES OF ADMINISTRATIVE LIABILITY FOR OFFENSES IN THE FIELD OF CORRUPTION PREVENTION

2024-04-15T10:14:21+03:00

The purpose of the article is to establish the features of administrative responsibility in the field of corruption prevention. Research methods: the achievement of the set goal was achieved through the use of specially scientific and general scientific methods of cognition, among which it is necessary to distinguish structural-logical, synthesis and analysis, dialectical. Results: administrative liability for offenses in the field of corruption prevention is characterized by the following features: targeted nature of application, which consists in directing its action to the sphere of official-management legal relations; normative nature of fixing the range of offenses; blanket (blanket) nature of law enforcement; special subject of proceedings; the special content of the objective side of offenses, which can be determined either through the form of a one-time action, or through the form of an ongoing offense. Discussion: on the basis of establishing the object-subject characteristics of administrative responsibility for the commission of offenses in the field of corruption prevention, the existing problems of its application are highlighted, which primarily include the non-systematic implementation of measures of state and public control.

The author concludes that the national system for preventing corruption lacks a systematic approach, which negatively impacts its effectiveness.

It is important to note that administrative liability for offences related to corruption prevention has specific characteristics. These include a targeted application, focusing on official-administrative legal relations; a normative definition of the range of offences; a referential (blanket) approach to law enforcement; a special subject of proceedings; and a specific content of the objective side of offences, which can be determined either through a single act or a continuing offence.

THE PRINCIPLE OF GOOD FAITH AS ONE OF THE PRINCIPLES OF IMPLEMENTATION OF ADMINISTRATIVE PROCEDURAL RIGHTS

2024-04-15T10:27:07+03:00

The purpose of the article is to the study of the principle of good faith as one of the principles of implementation of administrative procedural rights. It is indicated that the problem of forming effective ways to protect the rights, freedoms, legitimate interests of a person and a citizen, as well as a legal entity, has become urgent for Ukraine since its independence. Research methods: the chosen topic of scientific research requires the use of various scientific methods and approaches to obtain high-quality results. Therefore, the following research methods were used to solve the tasks set: analysis; systematic method; analytical method, etc. Results: аccording to Article 3 of the Constitution of Ukraine, it is determined that the priority task of the functioning of the state is to ensure and protect human rights and freedoms as the main social value. Such a normative and legal provision of the Constitution of Ukraine establishes the substantive functional purpose of the state, determines the direction of implementation of functions and methods of public administration. The definition of a person as the highest social value is the basis for the implementation of the mechanism of responsibility of the state and its institutions to the individual at the appropriate level. The application of the mechanism of state responsibility, in addition to its constitutional consolidation, requires the development of effective structures capable of making such a norm a reality. Discussion: the components of the principle of good faith in administrative proceedings are: 1) prohibition of abuse of procedural rights; 2) the requirement of conscientious fulfillment of procedural obligations; 3) prohibition of contradictory conduct of the parties, or the rule of procedural estoppel; 4) prohibition to impose other unlawful obstacles in the administration of justice. The principle of good faith is a general principle of law that applies to the entire sphere of legal regulation, including the sphere of administrative proceedings.