Public Administration and Law Review

THE FUNCTIONING OF THE CONSTITUTIONAL COURT OF UKRAINE AS THE PART OF IMPROVING THE MECHANISMS OF PUBLIC ADMINISTRATION AND SUSTAINABLE DEVELOPMENT OF THE STATE

Ivan Petriv — Wed, 02 Dec 2020 00:00:00 +0200

The material of the article reveals the purpose of research in the field of sustainable functioning of the mechanism of state power through the lens of the activity of the body of constitutional justice. The main results of the research are the disclosure of the content of the activities of the Constitutional Court of Ukraine as a necessary condition for ensuring a constitutionally defined system of public authorities and improving the mechanisms of public administration. The article describes the main functional characteristics of the body of constitutional justice in Ukraine and their influence on the sustainability of the work of the state bodies in terms of division into branches of power. In the process of research the importance of constitutional justice for the construction of a legal, democratic state with authoritative institutions was highlighted, the content of the activity of the body of constitutional justice and the feasibility of widespread use of the possibilities of the Constitutional Court of Ukraine as a state body with special status were revealed. It is proposed to improve the functions and powers of the Constitutional Court of Ukraine in view of the comparative characteristics of the bodies of constitutional justice of individual European states. The scientific work substantiates the necessity of reviewing the legislatively defined powers of the Constitutional Court of Ukraine in terms of their extension and adaptation to modern challenges, investigates the significance of the decisions and conclusions of this body for improving the mechanisms of public administration, determined the role of the Court in the system of higher bodies of state power by the status of a state body. Based on the definition of strategic goals set by the Constitution of Ukraine on the Constitutional Court of Ukraine, the directions for improving the effectiveness of the application of decisions and conclusions of the Court, interaction with higher bodies of state power are justified, the directions of improvement of the mechanisms of public administration through the prism of the results of the Court's activity are proposed. Directions of improvement of the legislation with the purpose of increase of the efficiency of the Constitutional Court of Ukraine in the mechanism of realization of the state power are offered.

THE CONCEPT OF INFORMATION SECURITY IN THE CONTEXT OF THE SCIENCE OF PUBLIC ADMINISTRATION

Yaroslav Chmyr — Wed, 02 Dec 2020 00:00:00 +0200

The article summarizes the views of the Ukrainian scientists on the essence, content and functions of information security, gives the author’s vision of this societal phenomenon. The aim of article is to reveal the ontological essence and components of the societal phenomenon “information policy” in the context of the science of public administration. The author used the methods of logical comparison, systematization and generalization, which made it possible to achieve the goal of the study. It is noted that the information space of the state as an integral part of the global information space of mankind is an important system-forming factor of the modern statehood and includes both broad opportunities for access to information, operation and use for their own purposes, and unprecedented opportunities and abuse, in principle new forms of crime, which raises the issue of information security of the state. It is concluded that information security in a globalized information society plays a key role in the further civilizational development of mankind, as modern information security means not only and not so much technical and technological measures to protect the information systems and networks, identify and eliminate various information threats, how much protection of the national information sovereignty of the state, information interests of the society and man, maintenance of the socio-political, spiritual-cultural, moral-ethical and other interests of the citizens functioning in the information space, stability of the state system and political system of the country.

CONCEPTUAL MODEL OF THE SYSTEM OF MODERN COMMUNICATIONS IN PUBLIC GOVERNANCE

Marian Tokar, Nataliia Varenia, Inna Kulchii — Wed, 02 Dec 2020 00:00:00 +0200

The academic paper considers the issues of substantiation of the application of mechanisms for the implementation of communications in the sphere of public administration and the development of practical recommendations to the authorities to improve their work in this area. The process of forming a communicative interaction mechanism as a consistent application of legal and organizational measures is based on fundamental principles, purposefulness and application of certain management methods aimed at meeting the information environment and communication needs of the community, the organization of effective functioning of the state. The possibility of improving the processes of formation of public (social) opinion has been considered, using the definition of its main components, which should be taken into account during the implementation of mechanisms of communication. The existing methods of using voluntary mutual communication between community members have been considered, which should be used during the operation of communication mechanisms in the sphere of public administration, namely: mailboxes, Internet access, using of frequently asked questions (FAQ). It has been recommended to pay attention to the following directions: strengthening openness and transparency of work; development and use of the latest mechanisms in interaction with community members and their public organizations; application of the newest methods of studying social and economic and political processes in work, the account and monitoring of opinions of various groups and layers of civil society; strengthening the responsibility of the authorities to the community through the introduction of various types of intersectoral social partnership in solving important problems for the community; achieving the required level of mutual trust, social understanding, integration and consolidation.

PROBLEMS OF CUSTOMS CONTROL IN THE CONTEXT OF EUROPEAN INTEGRATION OF UKRAINE

Orest Krasivskyу, Viktoria Tovt — Wed, 02 Dec 2020 00:00:00 +0200

In the article is considered customs control, as minimizing instrument of negative tendencies and phenomena that occur during crossing the border. That’s why the relevance of the study is stressed by the important factor in ensuring the rule of law on the customs border of Ukraine with the neighbouring countries. The official beginning of cooperation between Ukraine and the European Union was international legal relations, founded in 1991 by the Minister of Foreign Affairs of the Netherlands, which officially recognized the independence of the Ukrainian State. ustoms control, in our opinion, represents set of funds, actions, events and operations of specialized power bodies which are allocated for preventing offenses in the sphere of crossing of goods and vehicles through Сustoms Border of the State, and to prevent emergence of undesirable consequences, caused by non-compliance with the Customs Legislation. Customs control is part of the general system of implementation of control actions, the important is understand the essence of control which is considered in article as comparison of planned indicators of functioning of object with real indicators of its activity and the acceptance on this bases relevant management decisions in order to provide realization of the purpose and tasks of control actions set in the direction of achievement of the corresponding results. In the direction of realization of European integration aspirations of Ukraine our state needs to strengthen customs control in order to ensure the protectionist policy of the Ukrainian State and the conformity of customs operations with common European values and common practice of customs legal relations in the European Union. It is necessary to ensure compliance with Legislation in all spheres of implementation of customs policy and to strengthen the responsibility of officials of customs authorities of Ukraine for non-compliance with or malicious violation of Customs Legislation.

ISLAM IN THE STATE SECURITY POLICY OF MUSLIM COUNTRIES: PROBLEMS AND TRENDS

Oleksandr Aulin — Wed, 02 Dec 2020 00:00:00 +0200

The relevance of the article is that today more and more countries are suffering from terrorist attacks and other manifestations of religious and ethnic intolerance. The purpose of the article is to analyze the security sector of the state policy of the leading Muslim countries on Islam with the identification of the most successful approaches that can be used by the state authorities to prevent the manifestations of radical Islamism in Ukraine. Based on the objectives of the study, methods of system analysis, structural-functional and analogy method in public administration were used. As a result, the structural features of the securitization of Islam, as well as the conditions and principles of its application in the public policy of leading Muslim countries. Causal links have been established that have influenced the need to counter radical Islamism. The main ways to solve the problem are identified, taking into account the relationships and structural-functional features of the environment identified during the study. Biggest part of such actions is carried out by supporters of Islam, a significant number of whom also live in modern Ukraine. In this context, it is important to have an objective view of the situation in Muslim communities, where radical Islamists make up a small percentage and, moreover, have a big number of opponents. Most often they are public authorities. The security policy of Muslim states is twofold. First, measures are taken to spread their influence abroad by disseminating their own interpretation of the holy Islamic books, while leveling similar activities by other Muslim countries in their information space. Second, countering local radical Islamism in the system of state security policy is ensured through the securitization of Islam. Measures to securitize Islam in leading Muslim countries are systemic, well-coordinated, and use all available resources. In order to improve Ukraine's state policy on Islam, the most effective practices of securitization of Islam, tested in the leading Muslim countries, have been proposed.

PUBLIC ADMINISTRATION IN THE FIELD OF JUSTICE IN THE CONTEXT OF EUROPEAN INTEGRATION OF UKRAINE

Orest Krasivskyу, Orisia Merza — Wed, 02 Dec 2020 00:00:00 +0200

It is determined that administration in the field of justice should be understood as activities aimed at fulfillment of tasks of organizational nature for exercise of rights and interests of legal entities, individuals and the state, as well as the task of strengthening the law and order in the country. Emphasis is placed on the fact that one of the peculiarities of justice is the plurality of objects in this area of administration. Such objects of justice as judicial institutions, notary offices, civil registration bodies, forensic institutions and the bar are presented for consideration. It was also notes, that they all have different legal status, differ in their purpose and nature of competence. It was noted that the main purpose of administration in the field of justice is to ensure the legality, organization of protection of rights and legitimate interests of individuals and legal entities, as well as the state. Administrative and legal regulation in the field of justice is carried out on the basis of the following statutory instruments: the Laws of Ukraine “On Notaries”, dated September 02, 1993, “On the Bar and Advocacy”, dated December 19, 1992, “On State Registration of Civil Status Acts”, dated July 01, 2010, “On Bodies and Persons Who Perform the Enforcement of Court Decisions and Decisions of Other Authorities”, dated June 02, 2016, Regulation on the State Migration Service of Ukraine, dated September 20, 2014, etc. It is noted that, along with the Ministry of Justice, State Archive Service of Ukraine, State Executive Service of Ukraine, State Penitentiary Service of Ukraine, State Registration Service of Ukraine, State Service of Ukraine for the Protection of Personal Data also belong to the system of entities in the field of justice of Ukraine. It is noted that the Constitution stipulates that the judicial bodies of Ukraine have a prominent place among the law enforcement agencies of the state.

MENTAL ANOMALIES AS FACTORS THAT CAUSE CRIMINAL OFFENSES, INCLUDING IN THE FORM OF MENTAL ABUSE

Ganna Sobko — Wed, 02 Dec 2020 00:00:00 +0200

The statisticians have an emphasis on the systematic nature of the incitement of violence, as well as on the internal recovery of the human singing situation, as in case of the manifestation of mental anomalies, it can be created. The aim of the article is to study mental anomalies as factors causing criminal rules, inclusions in the form of mental abuse. The author used the methods of logical comparison, systematization and generalization, which made it possible to achieve the goal of the study. The nature of the pacing of mental anomalies is determined as follows: genetic decline, psychophysiological peculiarities of malignancy. Discernment of anomalies from the point of view of medicine, and itself: alcoholism, drug addiction, psychopathies, organ damage to the central nervous system, epilepsy, traces of traumatic brain injury, schizophrenia. It has been established that all the diseases of the central nervous system are less likely to develop so that the development of infectious diseases occurs. Several criminal law–enforcers are responsible for mental abnormalities. Delivered that factors that infuse into the psyche є a weakening or a waste of self–control, heat, rudeness and aggressiveness, as well as sharpening all the negative qualities of an individual.

CRIMINAL LEGAL DEFINITION OF THE CONCEPT OF TORTURE AND DIFFERENTIAL DISTINCTION OF TORTURE FROM RELATED CRIMES

Alla Radzivill — Wed, 02 Dec 2020 00:00:00 +0200

The article highlights the clarification and definition of criminal legal concept of torture, the study of peculiarities of this crime corpus delicti and its basic features, distinction from related categories; proposals regarding the improvement of provisions of the Criminal Code of Ukraine have been formulated. The purpose of writing this article is represented by the study and criminal legal analysis of torture (Article 127 of the Criminal Code of Ukraine), analysis of the main and qualified corpus delicti of torture under the Criminal Code of Ukraine; the identification of types, methods and ways of torture; the definition of the scientific concept of "torture" and related concepts; the determination of criteria for distinguishing the corpus delicti of torture from related crimes under the Criminal Code of Ukraine; the analysis of international legal acts aimed at protecting human rights and preventing torture and other cruel, inhuman or degrading treatment or punishment; the analysis of Ukrainian national legislation in terms of its compliance with international law in the field of protection of a person from encroachment on his/her life, health, honour and dignity, which represents torture. The methodological basis of the study is represented by a set of methods and techniques of scientific knowledge, both general and special: historical, functional analysis, system-structural, formal-logical, comparative-legal, formal-legal, generalization. The author concludes that the concept of "torture" is not clearly defined in national law, underlines the feasibility of developing a mechanism for criminal legal counteraction to torture in the context of international standards. Besides, the article highlights the norms and provisions of international-legal norms on the prevention of torture and analyzes the importance of European organizational legal mechanisms to prohibit torture.

FIXED-TERM EMPLOYMENT CONTRACT IN THE SPHERE OF EDUCATION: THE ISSUES OF LEGAL REGULATION

Khrystyna Horuiko, Mariia Muzyka, Marianna Kokhan — Wed, 02 Dec 2020 00:00:00 +0200

The provision of appropriate function of education sphere is treated as one of priority state tasks, s an important structural element of quality educational services provision. The development of Ukraine state education policy should suppose the fact that all issues related to legal regulation ( forming of education legislation, defining the conditions of fixed term and labour contracts conclusion, development of legal means and organization evens for quality educational services provision) are solved in complex. The aim of this article is to research the issues of legal regulation of fixed term employment contract in the sphere of education. Research methodology: methods of logical comparison, systematization and generalization, general scientific and special research methods, in particular analysis and synthesis, system-structural analysis, which allowed to achieve the research goal. The importance of development is an appropriate, consistent state educational policy, focused on obtaining a qualitatively new result in the field of education, which would correspond to the state and trends of the world educational society and generally accepted international and European standards in this field. State educational policy should be implemented in stages based on the use of organizational, legal and economic principles. At the first stage of implementation of the state educational policy it is necessary to consistently identify urgent problems in the system of functioning of educational institutions and management in general, as well as problems of legal regulation of fixed-term employment contracts in the field of education. services.

FOREIGN EXPERIENCE OF LEGAL PROTECTION OF POLICE OFFICERS AND PROSPECTS OF ITS USE IN UKRAINE

Mykola Veselov, Daria Volkova — Wed, 02 Dec 2020 00:00:00 +0200

Today, the protection of police officers is one of the important conditions for the effective operation of the National Police as a whole. The object of this study is public relations in the specific field of ensuring the safety of life and health of police officers from unlawful encroachments related to the performance of their professional duties. The purpose of the article is to clarify the features of legal protection of police officers in the performance of their official duties in other countries and outline possible ways to improve this activity in Ukraine. To achieve this goal, general scientific and special methods of scientific research were used. The state and level of legal regulation of police protection in other countries of the world emphasizes the importance of this issue to ensure their rights, as well as the effectiveness of the police in general. It has been established that the protection of police officers in the performance of their official duties is carried out by a number of organizational, logistical and legal measures, which are enshrined in the norms of administrative and criminal law. As a result, the expediency of expanding in the legislation of Ukraine some powers of police officers, which will affect their own safety and guarantee the safety of others, is substantiated. In addition, it is proposed to establish administrative liability for insulting or disrespecting a police officer in the performance of his duties, as well as for slandering a police officer in order to discredit him, imposing severe sanctions for these offenses.