Content Of Legal Norms Research Articles

Предпринимательский доход или целевой капитал: спорный вопрос налогообложения товариществ собственников недвижимост

Understanding the meaning and content of legal norms is one of the most important processes carried out in the field of application of legislation on taxes and fees, while legal and technical techniques for expressing certain legislative provisions establishing special tax regimes are of great importance. The uncertain nature of the rules on the formation of endowment capital by non-profit organizations allows the business practices of these partnerships to be brought under preferential tax regimes, although they do not form endowment capital, but they can actively use a pseudo-legal mechanism for tax exemption.

Change of factual circumstances in the context of the issuance of judicial acts in civil cases

The subject of the study within the framework of this article are the norms of civil procedural law and arbitration procedural law concerning the issuance of judicial acts in connection with a change in factual circumstances relevant to the case. The purpose of the study is to identify and classify cases in which the current legislation and law enforcement practice allow the issuance of a new judicial act in connection with a change in the actual circumstances of the case. At the same time, the purpose of the study is related to the confirmation of the hypothesis about the diversity of the bases of such a classification.Within the framework of this study, the functional method, the system-structural method, the formal-legal method and the hermeneutic method were used. The use of these methods is due to the need to analyze a large volume of legal norms and judicial practice on the subject of the study. The article analyzes the legal mechanisms, the application of which is associated with the issuance of judicial acts in the framework of civil and arbitration proceedings based on changes in the factual circumstances of the case. The following mechanisms are identified as these mechanisms: the possibility of filing a claim with a new basis, revision of judicial acts under new circumstances, changing the method and procedure for the execution of a court decision, postponement and installment of the execution of a court decision, indexation of the amounts awarded.Cases of application of these mechanisms are classified according to the procedural order of consideration by the court of changes in circumstances and its consolidation in judicial acts, while the following types are distinguished: cases related to the consolidation of circumstances by making a new court decision on a claim with a new basis; cases related to the consolidation of circumstances by making a court ruling in connection with the emergence of new circumstances; cases related to the consolidation of circumstances by issuing a court ruling in connection with a change in the method and procedure for the execution of a court decision, postponement and installment of the execution of a court decision, indexation of the amounts awarded. Cases of the use of these mechanisms are also classified by the type of judicial act fixing such changes, while the following types are distinguished: cases related to the consolidation of circumstances by issuing a court decision; cases related to the consolidation of circumstances by issuing a court ruling.The author concludes that the use of the term "new circumstances" is incorrect in relation to certain grounds for reviewing judicial acts, in connection with which it is proposed to amend the norms of procedural legislation. In relation to these cases, it is proposed to use not the term "new circumstances", but the term "change in the content of legal norms or their interpretation that is relevant to the case".Based on the above, the purpose of the study has been fully achieved.

Патрон-клиентские отношения в системе органов публичной власти России Заглавие

In the Russian legal system, the phenomenon of favoritism in the public service system is given extremely little attention. In legal science, there is an opinion about the illegality of this phenomenon and its negative impact on society and the state. Without denying this statement, the author, nevertheless, tried to consider it from different sides and to identify, in addition to the negative, also the positive qualities of favoritism. Only some cases of favoritism in cases of granting property benefits are covered by corruption relations; in other cases, it falls out of legislative prohibitions and restrictions. It is very difficult to prove the identification of non-formal relations between the manager and his protege, the influence of deviation from formal rules on the effectiveness of management as a whole. The objectives of the study were to analyze the positive and negative aspects of management in the system of patron-client relations among the management level of employees of public management bodies. The author presents standard forms of influence on subordinates in order to release their positions for people close to the new head, suggests directions for improving the legislation on the conduct of state and municipal service. When preparing the article, the methods of formal logic were used-comparison, description, classification, analysis, synthesis, etc., which allowed us to characterize the existing system of appointment to positions of state employees. Among the private scientific methods, the formal-legal method used in the analysis of the power positions of officials was used; the logical-legal method, through which the content of legal norms in relation to the problem under consideration was investigated; specifically, the sociological method used in the analysis of statistical data related to the problems of the study. In conclusion, the author draws conclusions about the effectiveness of the activity of the authority in the presence of the head's favorites, suggests ways to improve the legislation regarding the legal relations under consideration.

Formation of regulatory means to fix technology efficiency criteria for its further financing and budget support. The experience of Ukraine and prospects for improvement under the conditions of martial law

Some study revealed the absence of a generally accepted approach to determining the requirements for the efficiency and effectiveness of technology as an object of civil and economic relations. The need to form recommendations on the content of legal norms and contractual clauses that can be used to fix them in the specified means of regulation is substantiated. It is proved that provided that the current legislation of a particular country fixes universal criteria for determining the effectiveness of technology, this will have a positive impact on their transfer. Thus, on the one hand, all participants in the relationship of technology circulation will receive indicators and an understanding of how to separate an effective technology from pseudo- and outdated technologies. On the other hand, public officials will have a guideline on what technologies cannot be provided with budget funding and support. And the parties to the contractual relationship will be able to fix in the relevant agreements more effective protective clauses, which will help protect their legitimate interests and stabilize investment risks. Existing approaches to determining the degree of efficiency of technologies were defined and systematized. The analysis of the feasibility and possibility of using macroeconomic and local performance indicators was carried out. General circumstances have been formed that affect the formation of the category of technology efficiency. These include the territory and level of technological development of the implementation area. The suitability and adaptability of the technology to the ability to perform the tasks assigned to it and others. As a result of the study, universal designs for identifying the effectiveness of the technology were proposed. They are proposed for use in the formation of national and international legislation and protective contractual clauses

ПЛЮРАЛІЗМ ПІДХОДІВ ДО КЛАСИФІКАЦІЇ ПРАВОВИХ АКСІОМ

The article highlights that the classification of legal axioms is understood in several senses: the process of creating a classification scheme; the process of grouping objects; the result of scientific research. It is presented that the classification of legal axioms is an independent and self-sufficient research method and at the same time - an auxiliary, the result of which is important for the continuation of scientific research. It is considered that the classification of legal axioms acts as a method of scientific knowledge and as a stage of scientific research. The view is shown that the classification in law has its own specific features. It is presented that there is a point of view according to which the classification of legal phenomena is carried out by a special method. The division of legal axioms depending on the branches of law into legal axioms of procedural and substantive law has been further considered. It is noted that axioms in procedural law are traditionally more common than in substantive law, due to the specifics of procedural law, rather than the fact that they are more studied. It is highlighted that the axioms of common law, intersectoral, branch are distinguished from the scale of functioning. It is emphasized that this criterion reflects the view of scientists who either identify axioms with principles, or believe that they are very close to each other, but are not similar concepts. It is noted that the content of legal axioms is divided into normative, which are legal commands enshrined in the texts of regulations and scientific judgments are conceptual provisions that contain conceptual provisions formulated by scientists as well-known postulates. Attention is focused on the fact that the following types of axioms can be distinguished from the form of enshrinement: enshrined directly, which are derived from the content of legal norms that have been enshrined in law. The division of legal axioms depending on the ways of origin into legal axioms, which arose as a result of legal practice, and those that appeared as a result of legal awareness, is proposed.

Principles of land law of Ukraine

This article is devoted to topical issues of legal regulation of land relations in the state.
 One of the central issues of land relations in Ukraine - the issue of principles of land law - is studied.
 The purpose of the study is: analysis of the principles of land law of Ukraine, definition of the principles of land law, classification of the basic principles of land law.
 The author considers the main criteria for classifying the principles of land law.
 The concept of principles of land law is defined.
 Principles of land law are the basic guiding principles, significant ideas, postulates, which are reflected in the laws and regulations of the state and which follow from the content of legal norms, legal doctrine and case law.
 The author draws attention to the fact that the principles of land law are legally enshrined in both the Constitution of Ukraine and the Land Code. The scientist notes that the above principles are embodied in the basic legal norms and institutions of land law.
 The importance of the principles of land law is subject not only to the legal regulation of land relations, but in some cases serves as a means of overcoming gaps in land law.
 The most common qualifications of the principles of land law are studied.
 One of the new and extremely important principles of land law was the principle of digitalization.
 All subjects of land relations must adhere to the principles of land law.
 The principles of land law are designed to provide ideological guidance for the improvement and development of land law.
 In particular, they encourage the implementation of progressive ideas in the new land legislation by amending numerous legal acts, and as a result, contribute to the improvement of judicial practice in resolving land disputes.
 The author claims that the principles of land law are being changed and clarified in accordance with changes in state policy in the field of land relations.
 Based on the analysis of normative-legal and legislative acts, scientific literature, the author has developed and substantiated the conclusions of the research.

Application of the principle of legal significance when considering administrative cases

The principle is the starting point for the analysis, interpretation and application of any system. The principle is substantiated by the fact that in the administrative sphere it is common to change the interpretation of certain legal norms with a corresponding change of orientation, which has a normative character, affecting situations that are already recognized and enshrined in force. The increasing proclamation of the principle of legal certainty, which is becoming more and more widespread, sometimes creates exaggerations, sometimes unjustified risks, which imposes its delimitation in accordance with the current legal order. Thus, through dogmatic analysis, it is proposed to classify the content of the principle of legal certainty into two conceptual cores, namely: certainty and stability. In this aspect, the validity of legal norms, effective projection and content of legal norms is considered, while the institutions of acquired law, perfect legal act and res judicata, the subprinciple of protection of legitimate expectations with their respective manifestations are studied under the prism of stability.
 The principle of legal certainty, also known as the principle of legitimate expectations (protection of trust), is one of the basic sub-principles of the rule of law, which is one of the most important principles of common law. The principle of legal certainty or stability of legal relations prevents unjustified deconstitution of legal acts or situations, even if at the time of its constitution there was a discrepancy with the legal text. Thus, the importance of legal certainty is aimed at protecting the expectations of citizens, ie the public manager must use past practices and precedents of public administration, which made possible and created expectations of citizens. The principle of legal certainty presupposes the existence of a coherent mechanism capable of ensuring the rule of law and serving as a standard for legislation and the judiciary. In a broad sense, the principle of legal certainty is a set of requirements for the organization and functioning of the legal system in order to ensure primarily a stable legal position of the individual by improving the processes of lawmaking and law enforcement.

Формальная оболочка источника права и проблемы толкования её нормативного содержания (с позиций Ганса Кельзена и современной немецкой теоретической юриспруденции)

The article is devoted to the problem of interpretation of objective law by clarifying the content of legal norms, as well as determining the design features of the external forms of their expression. Questions of interpretation of law are considered from the point of view of the normative approach to law, reflected in the doctrine of “pure law” (“reine Rechtslehre”) by Hans Kelsen. The author determines the methodological and regulatory significance of the distinction between legal norms and legal texts in the analysis of formal sources of law. Particular attention is paid to the consolidation of the main methods (modes) of legal regulation in the rules of law and the importance of their determination in the process of interpreting law. The author establishes that the practical interpretation of the content of legal norms is carried out in two main ways: by interpreting the elements of the formal shell of legal norms (elements of the organization of the legal text as a formal source of law) and by interpreting the elements of the internal content of this formal shell. The fundamental difference between legal norms and legal texts in the issue of regulating social relations is associated with the distinction between methods for interpreting their content. In this sense the significance of the difference between "norms-prescriptions" and "norms-judgments" in the concept of Hans Kelsen is emphasized. The article provides examples from modern German theoretical and legal literature, substantiating the need to distinguish between legal norms and legal texts within the framework of normativism. The approaches of Karl Larenz, Bernd Rüthers, Christian Fischer, Axel Birk and Thomas Westing to the definition of the language form of the rule of law - the so-called “bearer of a legal norm” (Rechtsnormträger), the most important types of legal sentences (Rechtssätze) as carriers of legal norms are specified. The article uses authentic scientific texts in German and for the first time the author's translation of a number of such texts into Russian was made. Conclusions are drawn about the importance of delimiting the interpretation of the content of a legal norm from the organization's interpretation of the external means of its expression; about the difference between the prescriptive and descriptive nature of legal regulation, which determines the key difference between legal positivism and non-positivist concepts of understanding law; on the significance of Kelsen's idea of Stufenbau der Rechtsordnung in interpreting the content of individual legal norms.

LEGAL BASIS OF THE INTELLECTUAL PROPERTY RIGHT IMPLEMENTATION IN THE DIGITAL SOCIETY

The article analyzes the legal basis of the intellectual property right implementation in a digital society. It has been determined that ensuring the development of the sphere of intellectual property, first of all its component – the implementation of intellectual property rights, as an important element of the national innovation system and the basis of the innovative economy of the state, is possible if there is an appropriate regulatory framework adapted to modern socio-economic and political conditions. In the course of the study, it was established that modern domestic law is going through the stage of finding a balance of private law and public law interests both in social practice and in legal regulation for the sake of the harmonious development of society. This approach should also be followed with regard to public relations in the field of intellectual property, where private and public interests intersect. It has been established that the legal basis for the implementation of intellectual property rights contains laws, by-laws, international conventions and treaties ratified by the Verkhovna Rada of Ukraine. It has been established that the rapid technological breakthrough in the world poses new challenges to intellectual property rights. The state and content of legal norms regarding intellectual property are analyzed and it is established that they are the basis for the implementation of intellectual property rights. It has been established that the legislation of Ukraine on intellectual property needs to be further developed, updated, balanced, harmonized with international legal norms and standards. It is proposed to systematize the rules of law in the area under study by codification.

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Today, the concept of law and order is reproduced through close attention in the scientific literature. This integrated interest, first of all, requires a precise definition of this category in the theory of law, its detailed and comprehensive review and determination according to practical necessity. Law and order is a necessary condition for the functioning of all social services, the stabilization of sociopolitical processes and the formation of true democracy. Legal order is a complex formation, its research should be carried out using a system of methods. In this case, the analysis of law cannot be limited to the �legal method� developed by analytical jurisprudence, which consists of a dogmatic in nature qualification of legally significant situations. The study of the problem of law and order, their unambiguous interpretation is extremely important due to the fact that all without exception, the branch of legal sciences, within which various aspects of law and law enforcement process are studied with its provision. The legal culture of the population is manifested in respect laws, their knowledge, observance and implementation. It provides citizens with the ability to defend their rights and be accountable for their responsibilities. The relevance of the study is due to the fact that today there are virtually no scientifically sound mechanisms for automatic extrapolation of constitutional and legal knowledge into the content of legal norms. In view of this, it is necessary to scientifically comprehend and generalize the practice of the Constitutional Court of Ukraine, which is the legal basis for developing mechanisms of constitutionalization. The modern interpretation of the rule of law is a combination of the provisions of the theory of legal positivism and the ideology of natural law. The legal order in the general context is considered, first of all, as a reflection of legal existence, one of the means of functioning and reproduction of the existing law. The phenomenon of constitutionalization is the most important means of ensuring the rule of law and is a characteristic (condition, requirement) of activities related to lawmaking, due to the formation of the domestic socio-normative system. It is expedient to consider the rule of law as a supra-sectoral (inter-sectoral) phenomenon that cements the leading branches of national law. The problems raised are quite complex, multifaceted and cannot be studied within a single scientific investigation and require further scientific research, which will result in new scientific knowledge about the rule of law and the process of its constitutionalization. The vast majority of these problems were outlined by the author of the article in a single monograph. However, the declared provisions may be the subject of new scientific discussions, contribute to qualitative changes in general theoretical jurisprudence and constitutional law, and thus be a guide in the constitutional, judicial and other reforms currently underway in Ukraine.

THE ROLE OF LEGAL FACTS AS PREREQUISITES FOR THE ORIGIN, EXISTENCE AND TERMINATION OF CRIMINAL LEGAL RELATIONS

Objective: to clarify the role of legal facts as a prerequisite for the emergence, existence and termination of criminal relations. Research methods: the research was conducted using general scientific methods, such as dialectical analysis and synthesis, abstraction, deduction and induction, and special methods, such as formal law, interpretation of law, comparative law method and others. The empirical basis was the legal acts of Ukraine, scientific works related to this issue. Results: the article clarifies what is the basis (legal fact) that gives rise to criminal law relations. It is determined that the very publication of the criminal law is the same legal fact that gives rise to such relations. It is established that the main features of legal facts are that legal facts: a) are different life circumstances and conditions; b) are defined in the rules of law, more precisely in their hypotheses; c) serve as an indispensable condition for the emergence, change or termination of legal relations; d) entail subjective rights and legal obligations of the parties to the legal relationship; e) are provided by state coercion. It is alleged that the criminal relationship arises in connection with a legal fact - the commission of a criminal offense. It is proved that the normative certainty of legal facts presupposes their establishment in the content of legal norms. Hence, only those life circumstances that are included in the content of the rule of law as an element of the mechanism of legal regulation become important. It is due to this feature that such specific life circumstances are able to influence the solution of a specific social situation and entail certain legal consequences for the participants of criminal-legal social relations. Discussion: study of the role of legal facts as a prerequisite for the emergence, existence and termination of criminal relations.

Gender Equality in Employment: A View from Kazakhstan

Abstract Issue under consideration: existing legal resources to support gender equality in the workplace. We systematised the provisions of Kazakhstan labour law, which should guarantee the prohibition of discrimination based on sex. The analysis resulted in five themes: “Characteristics of women’s labour”, “Analysis of labour laws differentiation”, “Evaluation of labour rights discrimination” and “Characteristics of the new labour legislation of the Republic of Kazakhstan”, “Characteristics of workers with a special social status”. We analysed the essence of the method of differentiation of labour legislation, which affects the establishment of special working conditions for women and workers with family responsibilities. We suggested a correlation between the content of legal norms and the level of guarantees of gender equality in the labour market. The results show that family circumstances, gender equality are factors influencing the formation of labour legislation, state policy in the field of wage labour. The creation of a favourable environment for labour relations of the considered categories of workers should be carried out through labour contracts, acts of the employer, social partnership agreements, collective agreements. However, priority should be given to normative acts of national action. Ensuring gender equality in fact always requires the implementation of special measures by the employer, which must be guaranteed by a coercive state mechanism. At least this thesis is true for the conditions of Kazakhstan, a country with a transition economy, when business does not have high social activity, and state power is in a period of transformation. Importance should be given to the monitoring and implementation of international obligations in the field of ensuring the prohibition of discrimination, the implementation of best practices and standards. The post-Soviet law of Kazakhstan recognises the priority of international law over national law, and this channel should be maximally used to promote the value of gender equality.

“Unsubscription” as a Violation of the Legislation of the Russian Federation on the Procedure for Considering Citizens’ Appeals: Problem Statement

The word “unsubscription” has long been firmly used by Russian citizens, but this social phenomenon has not yet been studied in practice in legal science. In this article, the Author tried to fill this gap and analyze the nature of the replies of modern Russian officials, classify them, and identify the causes and conditions that determine them.When preparing the article, we used methods of formal logic-comparison, description, classification, analysis, synthesis, etc., which allowed us to characterize the existing system of consideration of citizens from the position of its normative content. Among the private scientific methods, the formal-legal method used in the analysis of legal norms on consideration of appeals was used; logical-legal method, by which the content of legal norms in relation to the problem under consideration was studied; specifically, it is a sociological approach that was used in the analysis of statistical data related to the research problem.The Author offers a classification of unsubscriptions depending on their content, the motive for writing, the circle of subjects, and the degree of multiplicity. Separately, the article analyzes formal responses with little content, sent from higher and Supervisory authorities, if the applicant applies to them after receiving a response from another authority and disagrees with it. On the example of specific unsubscriptions, we analyze options for evading inspections by law enforcement officials related to violations of the rights of citizens-applicants.The author cites corporate rules of conduct, a desire to get rid of work, “defending the honor of the uniform”, excessive secrecy of activities, as well as the impunity of the official who prepared the response as reasons for the formal attitude to his responsibility for a comprehensive and objective review of appeals.Take measures to prevent violations of the rights of citizens in the sphere of consideration of their applications, in particular, the introduction to the Code of the Russian Federation on Administrative offenses of article 5.59, not removed the relevance of the problem. As a rule, punishments under this article occur due to violation of the terms of consideration of appeals or even from evasion of giving a response to appeals, but the completeness and semantic load of the response itself are not studied. The author makes some suggestions for improving the effectiveness of interaction between people and authorities.

The substantiation of modern pedagogical technologies for improving the quality of teaching the discipline “Pharmaceutical law and legislation”

Aim. To demonstrate the best practices of the Social Pharmacy Department at the National University of Pharmacy in substantiating current trends in the development and application of modern pedagogical technologies in order to improve the quality of teaching the discipline “Pharmaceutical law and legislation”.Materials and methods. The research was conducted based on the results of summarizing original methodological developments, the experience of holding the contest in the discipline “Pharmaceutical law and legislation” in 2019 and 2020, the materials of the student’s essay competition on the topic “Knowledge of law is the requirement of our time”, which was attended by 45 students, as well as the results of an analysis of scientific and educational literature, regulations of Ukraine. The data obtained are presented using the methods of analysis, synthesis, generalization, system, formal-logical, comparative-legal, and interpretation of the legal norm.Results. It has been found that the implementation of modern pedagogical technologies using case studies, problem-based, content analysis of legal norms (grammatical, systematic, historical, and comparative interpretation) contributes to improving the quality of the students’ assimilation of the program material of the discipline “Pharmaceutical law and legislation”. It has been substantiated that the case study method is inextricably linked with other interactive methods, such as problem-solving, discussion, brainstorming, and so on. The methods used for the students’ understanding of the content of legal norms are presented. The own pedagogical developments on the application of each of these methods are given.Conclusions. It has been proven that the use of the case-based and problem-based methods in classes on the discipline “Pharmaceutical law and legislation” contributes to the development of professional analytical thinking, development of skills for solving practical situations. It has been substantiated that cases-studies, case-exercises, case-situations can be used by the criterion of the situation. It has been found that the problem method can be implemented during lectures, seminars, and practical classes, as well as for the self-study work of students.

The importance of interpretation of normative legal acts in the process of law enforcement

The article covers the concept, essence and principles of interpretation of normative legal acts. There is a scientific discussion on the views of a number of scientists. During the discussion, issues related to the correct understanding and interpretation of the content of legal norms, their application to social relations were considered. Methods of interpretation of normative legal acts are explained. At the same time, special attention was paid to the subjects, types of interpretation of legal norms, the factors leading to the ambiguity of some norms in the normative legal acts, gaps in the law were studied in depth, and developed proposals for their effective elimination. In addition, a comparative analysis of national and foreign experience in the interpretation of normative legal documents was carried out, showing the peculiarities of different legal families. At the end of the article, the author puts forward appropriate proposals for amendments and additions to the interpretation of normative legal acts of the Republic of Uzbekistan, aimed at improving the existing legislation.

Św. Tomasza z Akwinu koncepcja wspólnoty politycznej - o potrzebie władzy praworządnej

Celem artykułu jest zaprezentowanie dorobku św. Tomasza z Akwinu dotyczącego koncepcji wspólnoty politycznej, zwłaszcza w zakresie odnoszącym się do zagadnienia władzy praworządnej. Bazując w pewnym zakresie na myśli Arystotelesa oraz na Policraticusie Jana z Salisbury, Akwinata rozwija własną, oryginalną koncepcję wspólnoty politycznej, zakorzenioną w chrześcijańskiej antropologii. Wspólnota polityczna jest więc nie tylko naturalna, ale również zajmuje ważkie miejsce w Bożym planie zbawienia, nabierając – poprzez swój cel, jakim jest dobro wspólne – wymiaru eschatologicznego. Nieprzemijającą wartość ma również twórczość Akwinaty dotycząca władzy praworządnej, która jest antycypacją późniejszej koncepcji praworządności materialnej, a zatem determinowanej nie tylko formą stanowienia prawa (jego legalnością), ale również treścią norm prawnych.

Role and place of legal education in the professional activities of investigators

The article notes that since 2015, the number of opponents has increased, who from time to time question the feasibility of the existence of departmental universities in the system of the Ministry of Internal Affairs. The most active discussions took place around obtaining legal education in departmental universities. Regulations, draft concepts and laws, opinions of scientists on the priority of granting the right to higher legal education are covered: only to higher educational institutions of the Ministry of Education and Science of Ukraine or also to higher educational institutions with specific training conditions of the Ministry of Internal Affairs. It is noted that the issue of the need to obtain higher legal education in the specialty 081 "Law" for investigators is acute. High quality of legal education is one of the integral signs of competence of such persons, and when this quality is combined with the formation of professional skills on the basis of higher education with specific conditions of legal education, you can get a high-quality professional lawyer who can act even in extreme conditions and make legally correct decisions. This is especially true of police investigators, who, when making procedural decisions, must know a number of branches of law, in particular: criminal, criminal procedural, administrative, civil, etc. In the case of the specifics of the activity, there is often a need for knowledge of banking, housing, finance, tax, labor and other branches of law. At the same time, the task of the future investigator is not only to get acquainted with the content of legal norms, but also to be able to apply them in different legal situations, while professionally responding to legal conflicts that often arise, as well as apply the case law of the Supreme Court of Ukraine. human rights. This cannot be achieved in six months on the basis of the primary training center and the Police Academy. Based on the analysis of the investigator's competencies and consideration of his functional re-sponsibilities, the need for legal education for representatives of pre-trial investigation bodies is substan-tiated.

Paradigm of Legal Thought: Legal Prophetic Perspective

Objective: This article aims to discuss ‘criticism of legal prophetic paradigm against legal positivism paradigmMethodology: This research conducted a normative method used by legal positivists. This research is based on a philosophical approach as it is intended to explore the basic assumptions of the legal prophetic paradigm on the lack of the basic assumptions of the legal positivism paradigm.Findings: This paper will discuss the 'criticism of legal prophetic paradigm against legal positivism paradigm' using a philosophical approach as it is intended to explore the basic assumptions of the epistemology basis of the school of thought in legal science through comparison between the school of thoughts in legal science. The legal prophetic paradigm places moral as the main basis as its basic assumption. The verses of Allah and the Hadith of the Prophet regarding justice are the ontological basis of the Paradigm.Application of the Study: The object of legal science is human relations contained within (governed by) legal norms. Law science attempts to understand its object in a "legal" manner, which is from the legal perspective. Understanding something legally means understanding it as law, that is, as legal norms or as the content of legal norms or understanding something as determined by legal norms.Novelty/Originality: The prophetic paradigm can be approached through a Religion Science-based approach. The importance of this approach/religion science in understanding phenomenological law is none other but the occurrence of void or the broken links due to legal positivism thinking that is unable to play a functional role in presenting comprehensive legal justice. Keywords: Legal Positivism Paradigm, Legal Prophetic Paradigm, Basic Assumptions

Scientific concepts and legal terminology and their role in criminal law

The article is devoted to the analysis of scientific concepts and legal terminology of criminal legislation, the identification of their relationship and role in lawmaking in the development and adoption of quality in form and perfect in content laws on criminal liability. The logical structure of criminal law concepts (content and volume) and their industry types are considered: specific, generic, evaluative concepts and categories as fundamental concepts of law; developed the basic rules for their determination and consolidation in the text of the law. The basic requirements (quality parameters) that are presented to legal terms are identified, with the help of which the law on criminal liability defines legal concepts that comprise the content of legal norms, legal structures and other legal formations that are components of this law. The proposals aimed at improving the form and content of criminal law are formulated.The problems of scientific concepts and legal terminology considered in the article, their analysis and formulated proposals are aimed, as a whole, at improving legislative activity on the development and adoption of high-quality criminal-form laws in form and perfect in content. Legal concepts and legal terminology - organically interconnected phenomena of criminal law - are specifically logical and linguistic means of displaying and consolidating verbally in criminal liability laws (in their norms, legal structures, other regulatory legal conditions) subject to legal regulation formations) of phenomena (objects) of reality that are subject to criminal law regulation. The deeper the legal concepts are developed, the more perfect the legal terminology used in the text of the law, the better the positive law, which should be objectively capable of optimally regulating public relations in the field of criminal law.

Theoretical and methodological foundations of the formation of national interests in the crisis management system

The article substantiates a comprehensive study of theoretical and practical problems of ensuring the national interests and territorial integrity of Ukraine in the context of crisis management, modern transformational changes in the field of public administration. The theoretical and methodological foundations of the study of the complex of national interests are analyzed, the concept and essence of public government activities in the field of national interests and the preservation of territorial integrity are determined. The concept, essence and elements of ensuring national interests in public administration are defined.Based on the analysis of studies of domestic and foreign scientists, it is proposed that research approaches to the formation of a complex of national interests be divided into the following areas: the first direction involves a combination of international and national parts of the qualification of problems in the field of national interests, based on regulation by international legal acts, which are set forth in the form decisions and resolutions of international organizations, and on this basis a generalization of the concept of "national interests sys ”, based on constitutional norms, regulations on the functioning of managerial structures, provisions of relevant legislative acts, specifics of geopolitical status, membership in international and intergovernmental organizations. The second direction is based on establishing the institutional characteristics of formalizing national interests and provides for a combination of political, socio-economic and security components, and is now complemented by factors of military-political and military-economic cooperation. The third area is based on a modern understanding of the concept of "security and territorial integrity of the state." In the framework of this direction, the mutual influence of national security factors, the identification of threats to state sovereignty and territorial integrity are investigated, and the country's geopolitical status is determined. The fourth direction is based on a comprehensive study of the features of ensuring national interests in open or latent armed conflicts.The content of legal norms as an element of the mechanism for ensuring national interests and territorial integrity in the field of public administration is analyzed. The features of the functional components of ensuring national interests in the context of transformational changes in public administration are considered. The methodological foundations of the assertion of territorial integrity as a component of national interests are investigated. The essence of the normative legal certainty of the concept of territorial integrity is determined, as well as the institutional features of ensuring territorial integrity. The process of establishing a national security system and ensuring the territorial integrity of Ukraine as a component of the formation of a modern state in the format of crisis management is analyzed. The importance of the constitutional definition of the geopolitical course from the standpoint of ensuring national interests is proved. Particular attention is paid to the study of the legal formalization of an object, subject, their functions in the mechanism of organizational and legal regulation of the state from the standpoint of ensuring territorial integrity and national interests.