Current Law Of Ukraine Research Articles

APPLIED COLLEGES AS AN EDUCATIONAL RESOURCE CENTER FOR HUMAN CAPITAL DEVELOPMENT

The article is concerned with the issue of the transformation of domestic colleges into institutions of professional pre-higher education (IPPE), as well as the substantiation of their place in Ukraine's education system in the context of the country's human capital formation. The essential meaning of the concept of "human capital," the role of the social institution of education in developing the potential of human capital are emphasized. The educational mission of applied colleges is viewed through the lens of education's civilizational and sociocultural role. Based on the retrospective analysis of the history of the creation and growth of colleges as a component of the system of continuing training during the period of Ukraine's restoration of independence (1991-2021), regulatory framework for their operation, the current Law of Ukraine "On Professional Pre-Higher Education" (2019), statistics, and the results of the author's empirical research, a conclusion has been made about the self-sufficiency and necessity of this component in the modern education system of Ukraine. It has been determined that professional pre-higher education serves as a bridge between general secondary and higher education, and its content is an appropriate blend of pragmatic-practical and academic-theoretical components. The importance of the environmental approach in professional pre-higher education has been highlighted, and the necessity of transforming applied colleges into resource centers through the design and realization of an educational institution's corresponding educational environment has been given arguments for. A step-by-step algorithm is given for such project activity. There are some examples of issues and flaws that can arise when designing an innovative educational environment for an applied college.

THE EXPEDIENCY OF STARTING THE SALE OF LAND IN UKRAINE IN AN ECONOMIC DOWNTURN

Purpose. The aim of the article is the characteristics of modern theoretical and practical aspects of the functioning of the agricultural land market in Ukraine in the second half of 2021. Methodology of research. The following methods were used in the study: statistical analysis and comparison – in studying the problematic aspects of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Conditions of Circulation of Agricultural Land”, the dynamics of gross domestic product and public and state-guaranteed debt as the main factors the dynamics of the potential value of land; logical assessment – in substantiating the proposals to restore the moratorium on the sale of agricultural land and repeal the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Conditions of Circulation of Agricultural Land”; generalization – in the process of formulating conclusions based on the results of the analysis. Findings. It is established that during the second half of 2019 – the first half of 2021 there was a continuous decline in gross domestic product of Ukraine and a sharp increase in public debt, which negatively affects the potential value of Ukrainian agricultural land. The necessity of prolonging the moratorium on land sales is substantiated. The principles for the development of a new Law of Ukraine “On the market of agricultural land”, which would take into account the interests of all land users. Originality. Recommendations on the need to renew the moratorium on land sales, repeal the current Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Conditions of Circulation of Agricultural Land” and develop a new, state- and national-oriented Law of Ukraine “On Agricultural Land Market” are formed. Practical value. The practical implementation of the proposed measures will create favourable conditions for the development of the national land market, which will allow to solve state problems in the land and investment spheres, as well as to stimulate the development of the national economy. Key words: land, agricultural land, gross domestic product, state and state-guaranteed debt.

Abolition of the moratorium on the circulation of agricultural land – is the criminal law of Ukraine ready for this?

The article clarifies the question of whether the current law of Ukraine on criminal liability needs to be changed in connection with the lifting of the moratorium on the circulation of agricultural land and the expected opening of the market for such land.It is proved that from the methodological standpoint it is more correct, when analyzing the relevant torts, to operate not with the term «abuse in the land market», which is popular in the legal literature, but with the wording «abuse in the sphere of land circulation».Based on the study of the relevant historical (drafts of the Criminal Code of Ukraine) and foreign (criminal codes of Azerbaijan, Russian Federation and some other countries) experience, as well as taking into account the doctrine of criminalization and differentiation of criminal liability, it is concluded that the introduction of special criminal law prohibitions in the field of land circulation is not expedient.In particular, it is proved that the amendment of the Criminal Code of Ukraine by the provision on liability for illegal registration of an illegal transaction with a land plot will violate such a systemic legal principle of criminalization as the principle of absence of gaps in the law and absence of excessive prohibition. The shortcomings of the doctrinal proposal to supplement the Criminal Code of Ukraine with a norm on abuse of the land market with an abstract disposition are demonstrated. Existing norms on criminal liability for crimes in the sphere of official activity and professional activity related to the provision of public services and crimes against property can be qualified as abuse in the sphere of land circulation are demonstrated. It is believed that the prevalence of these abuses is not the result of gaps in the current substantive law on criminal liability, but, inter alia, the result of failure to ensure the principle of inevitability of criminal response to the commission of already prohibited criminal offenses.

Напрями вдосконалення механізмів державної допомоги в Україні в умовах міжнародної економічної інтеграції

Напрями вдосконалення механізмів державної допомоги в Україні в умовах міжнародної економічної інтеграції

Issues of Improving the Provisions of the Current Law of Ukraine Regarding the Prevention of the Origin and Spread of COVID-19 Coronavirus Disease

The author has studied the current state of the regulatory base on the prevention of the occurrence and spread of the COVID-19coronavirus disease in Ukraine and the practice of its application by authorized entities for the implementation of state policy in the field of health care and the protection of the rights and freedoms of citizens.
 The system of public administration in the field of ensuring the sanitary and epidemiological well-being of the population has been analyzed. The features of the distribution of powers of state agencies in this area after the liquidation of the State Sanitary and Epidemiological Service of Ukraine have been researched.
 The author concludes that the existing system of state agencies that carry out sanitary and epidemiological control in Ukraine requires further improvement by adopting a decree of the Government of Ukraine on the functioning of the State Sanitary and Epidemiological Service. The author of the article has also identified gaps in the current legislation of Ukraine on administrative offenses, which regulates the procedure for holding accountable for violation of sanitary and anti-epidemic rules. These shortcomings primarily relate to the content of the Code of Ukraine on Administrative Offenses, which contains the names of non-existent state agencies or their officials, the provisions of repealed laws or other by-laws.
 Based on the analysis of the laws of Ukraine and government decrees on the implementation of sanitary and anti-epidemiological measures, the author has formulated propositions aimed at regulating the legal status of the State Sanitary and Epidemiological Service; improvement of administrative proceedings in the field of health care and violation of quarantine rules; amending the list of agencies and officials authorized to consider cases of administrative offenses for the violation of sanitary rules; optimization of the mechanism of prosecution for failure to comply with legal orders of entities implementing the state sanitary and anti-epidemiological policy; expanding the list of powers of the National Police for the implementation of administrative detention, verification of documents and police custody within the sequestration.

ПРАВОВИЙ СТАТУС ПРАЦІВНИКІВ АПАРАТУ СУДУ

У науковій статті аналізуються положення чин-ного законодавства в частині реалізації закріплених Конституцією України та Законом України «Про дер-жавну службу» положень, що стосуються визначен-ня статусу працівників апарату суду. Розглядаються положення нового та перспективного законодавства про державну службу, положення Закону України «Про судоустрій і статус суддів» у контексті урегульо-ваності та визначеності статусу працівників апарату суду. Досліджено особливості організації роботи, під-порядкування та фінансової забезпеченості працівни-ків апарату суду.
 Адміністративно-правовий статус керівника апа-рату суду – це сукупність його повноважень, зобов’я-зань, прав та обов’язків щодо організації забезпечення суддям умов для здійснення судочинства, організації матеріальних, технічних, охоронних та інших забезпе-чувальних функцій у суді. Адміністративно-правовий статус помічника судді – це сукупність його повнова-жень, завдань, зобов’язань і прав щодо допомоги судді в підготовці судових справ до розгляду, виконання ін-ших законних доручень судді і керівника апарату суду в поєднанні з професійними обмеженнями та спеціаль-ною дисциплінарною відповідальністю.
 Правовий статус державного службовця в судовій системі розглядається як сукупність встановлених законодавчими нормами функцій, повноважень, прав і обов’язків, правових обмежень, етичних стандартів в сукупності з підставами, порядком виникнення їх-ньої службової правосуб’єктності та юридичної відпові-дальності в аналізованій сфері. Важливість зазначеної проблеми зумовлена тим, що на державних службовців судової системи покладено низку зобов’язань у сфері державної політики, основна мета яких – забезпечен-ня справедливості, а саме правового захисту прав, сво-бод і законних інтересів фізичних і юридичних осіб, адже боротьба за справедливість нині відбувається майже в усіх основоположних сферах життєдіяльнос-ті суспільства. Запобігання порушенням і припинення порушень прав і свобод громадян, а також їх відновлен-ня є важливим актуальним чинником, який допоможе у формуванні правової свідомості громадян.

LEGAL REGULATION OF ELECTED EMPLOYEES OF BODIES LOCAL GOVERNMENT

The articles consider the regulation of certain issues of organization and activity of elected officials of local governments and district state administrations. Attention is paid to the rules of training an electoral employee in local self-government bodies, namely the regulation of the legal status and appointment procedure. Relevant volumes of powers of an elected official of a local self-government body are singled out. It was found that the current Law of Ukraine "On Prevention of Corruption" provides for the mandatory conduct of a special inspection only for local government officials of the first - third categories of positions. That is, for chairmen, deputies (first deputies) of chairmen of regional councils, chairmen of district (district in cities) councils, first deputies and deputy mayors (cities - regional centers) on issues of activity of executive bodies of council, secretaries of city (cities - regional centers) councils special inspection is mandatory, as they hold positions of the first - third categories. In other cases, local government officials should be subject to special scrutiny only if their positions are classified as positions of responsibility or special responsibility and positions with a high risk of corruption. The list of such positions was to be approved by the National Agency for the Prevention of Corruption. However, as of today, such a document has not been adopted and, accordingly, there is no legal basis to pass such a special inspection of persons holding positions in local governments of the fourth category and below. At the same time, it should be noted that in practice there are many cases when these persons undergo a special examination voluntarily, at their own request.

THE ROLE AND PLACE OF ADVOCACY IN THE STATE

Introduction. The article is devoted to the issue of determining the role and place of the bar in the state. The urgency of this issue was a consequence of the adoption in June 2016 of the Law of Ukraine "On Amendments to the Constitution of Ukraine (regarding justice)" of 02.06.2016 № 1401-VIII. Summary of the main research results. According to which the Constitution of Ukraine was supplemented by Article 131-2, which stipulates that the bar operates in Ukraine to provide professional legal assistance, and only a lawyer represents another person in court, as well as protection from criminal charges, except in certain cases. Thus, the bar, together with the prosecutor's office, was included in the justice system. Thus, the bar becomes one of the key elements of the justice system in Ukraine, as the most important constitutional function of the bar is to ensure the right to protection from criminal prosecution and representation of individuals and legal entities in court. By delegating the relevant function of the bar, the state must ensure a high level of professional legal assistance provided by lawyers, which, in turn, has a significant impact on the quality of justice and the exercise of the right to a fair trial. By delegating the relevant function of the bar, the state must ensure a high level of professional legal assistance provided by lawyers, which, in turn, has a significant impact on the quality of justice and the exercise of the right to a fair trial. At the same time, the Constitution of Ukraine provides for the independence of the bar, and the current Law of Ukraine "On Advocacy and Advocacy" generally indicates that the Bar of Ukraine is a non-governmental self-governing institution. Conclusions. The Ukrainian Bar is a professional public association. The National Bar Association of Ukraine is recognized as a non-governmental non-profit professional organization. In turn, the bar is endowed with public law functions, and the inclusion of non-state actors in the system of public power is designed to create an effective mechanism of public control over the activities of the state.

Practical Questions of Implementation of Art. 185-3 of the Code of Ukraine on Administrative Offenses (Disrespect of the Court) in Judicial Proceedings

The article presents a scientific and practical commentary to Art. 185-3 of the Code of Ukraine on Administrative Offenses (disrespect of the court), formulates some conclusions and suggests some recommendations for legislative regulation of legal liability for showing disrespect of the court (judges) in Ukraine, including the following: 1. One of the mechanisms for ensuring the independence of court (judge) is a proper response to the disrespect of the court (judges). Respect of the court and judges (both as a social and a legal value) is a factor of the proper functioning of a legal state. 2. The Constitution of Ukraine (Article 129) directly states that a person is considered guilty and is held liable for disrespect or evident contempt of the court (judges). This constitutional provision corresponds in full with other normative legal acts of Ukraine, in particular, with the requirements of Art. 50 of the current Law of Ukraine “On Judicial System and the Status of Judges”, according to which any expression of disrespect of the court (judge) by the individuals who are parties to the trial (case) or are present in the courtroom, presupposes the responsibility, established by the law. Today in Ukraine, disrespect of the court (judges) is not considered a crime against justice. Administrative liability is provided for committing this offense in accordance with Art. 185-3 of the Code of Ukraine on Administrative Offenses. 3. Taking into account the fact that the terms “court” and “judge” are not identical, and also considering the normative peculiarities of the elements of administrative offense, provided for in Art. 185-3 of the current Code of Administrative Offenses, the title of this article needs some clarification, namely: “Manifestation of disrespect of the court (judges) in the course of judicial proceedings”. Here the word “manifestation” should be used in the plural, not the singular. 4. Part 1 of Art. 185-3 of the Code of Administrative Offenses shall be amended and specified as follows: “1. Contempt of the court (judges), expressed in malicious evasion of attending the court by a witness, a victim, a plaintiff, a defendant or in disobedience of the specified people and other citizens to the order of the presiding judge or in violation of the order during the court session, as well as committing any actions which indicate a clear contempt of the court (judges) or rules established in court ... ”. 5. The recommendations of theoretical and practical nature, in particular, regarding the introduction of appropriate changes (clarifications) and additions to part 1 of Art. 185-3 of the Code of Administrative Offenses, as well as practical issues of development and implementation of the uniform “Rules of Conduct for Citizens in Court”, which should be adopted as a separate supplement to the current Law of Ukraine “On Judicial System and the Status of Judges”, and relevant developments (in this area) aim to increase the effectiveness of legal liability for disrespect of the court (judges) and to promote more effective protection of the rights and freedoms of citizens participating in the judicial process in Ukraine.

Legal regulation of financial monitoring in advocacy

It is established that according to the Law of Ukraine "On Prevention and Counteraction to Legalization (Laundering) of Proceeds of Crime, Financing Terrorism and Financing the Proliferation of Weapons of Mass Destruction" notaries, attorneys, law firms and associations, auditors, audit firms, subordinate firms, audit firms provide accounting services, entities providing legal services (other than persons providing employment in the framework of employment relationships) are specially designated entities of the primary financial monitoring.Appearance of advocates among the entities of primary financial monitoring is obviously conditioned by the need to implement in national law international standards in the field of preventing and combating the legalization (laundering) of proceeds of crime, or the financing of terrorism and the financing of proliferation.It should be noted that Part 1 of Art. 8 of the mentioned Law outlines specific cases where the lawyer's representatives are obliged to perform the duties of the subject of the initial financial monitoring, namely, when they are involved in a financial transaction for their client in relation to: purchase and sale of real estate; management of client's assets; managing a bank account or a securities account; raising funds for the formation of legal entities, ensuring their activities and managing them; the formation of legal entities, the provision of their activities (including auditing) or the management thereof, as well as the sale and purchase of legal entities (corporate rights).Scientific literature notes that attorneys, law firms, and associations may not notify a specially authorized body of their suspicion when the relevant information has become known to them in a matter of professional secrecy, or is privileged to maintain professional secrecy, as well as cases where they perform their duties to protect the client, represent their interests in the judiciary and in pre-litigation matters.In the case of such transactions, the entity shall be registered with the State Financial Monitoring Service of Ukraine no later than the day of the contractual relations with clients on such transactions. The subject shall notify the state regulator of the operation performed by the state regulator not later than the next business day from the day of registration of such operations. Prior to the appointment of the responsible person for financial monitoring, the responsibility lies with the head of the law firm and the law firm. After the appointment of the responsible person, there is an obligation to inform the State Financial Monitoring Service of Ukraine within three days.The conclusions state that the current Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of Proceeds of Crime, Financing Terrorism and Financing the Proliferation of Weapons of Mass Destruction” allows attorneys, law firms and associations not to report on the relevant operations if such operations fall under information under a lawyer's secret. In turn, this opportunity is not provided for other entities providing legal services (including law firms).

Features of the legal status of persons, determining no safe

In the article the authors separately analyze the conceptual apparatus in the studied direction. The definitions of deceased individual are clarified. It was found that the definition of the term for a long period of time did not have proper consolidation. In the scientific literature and in the legislation it was possible to find close to this formulation. For the first time the statutory wording of the is disclosed in the current Law of Ukraine On the Legal Status of Missing Persons, adopted on July 12, 2018. The authors in the article identify the difference between and because the concepts are at first glance similar. Attention is drawn to the fact that a person's unknown absence is established by a court decision, and such a decision is not required to recognize a missing person. The authors found that acquiring the status of missing person allows her to subsequently acquire, through a court decision, the status of missing or declared deceased. According to the authors, the concept of deceased are not identical, so the article offers their clarification definitions of these concepts. It has been determined that a person may disappear under different circumstances. The article states that the current legislation identifies special types of persons, taking into account the circumstances in which they may have disappeared. The authors conclude that the legislation should take into account all circumstances in which persons may disappear. For example, a person may disappear due to their arrears, due to an exacerbation of a person's mental, psychological illness, memory loss, and more. The authors, analyzing the legal status of the missing person, indicate that it acquires the missing status from the moment the applicant submits a statement about the disappearance of the unknown person and his search or by court order. The statement on the fact of disappearance of the person of the unknown and his search shall be submitted to the relevant territorial body of the National Police of Ukraine. The article states that the bodies authorized for the search of persons who have been missing are the National Police of Ukraine and the units carrying out operational search activities, defined by the Law of Ukraine «On Operative Investigation Activity». The authors selectively analyze the experience of some countries on the legal status of the missing person and conclude that international experience is useful for its use in Ukraine. The authors of the article determined that national legislation did not catch the attention of foreigners and stateless persons. It is established that their acquisition of the status of missing person, if they have resided permanently or mainly in the territory of Ukraine, will be regulated by Ukrainian legislation. The article establishes that the conclusion of international treaties by Ukraine allows to regulate important interstate relations in order to determine the procedure for acquiring a status of a missing person, since acquiring such status is required not only by citizens of Ukraine within our country or another, but also by foreigners residing in the territory of Ukraine.

AREAS OF IMPROVEMENT OF LEGAL REGULATION OF PERSONNEL SERVICE PROVISION

It is stated that the current legal regulation of the personnel support of the civil service of Ukraine does not fully satisfy the needs of the society for the purposes of ensuring the fulfillment of the tasks set, and therefore the issues related to the improvement of the existing mechanisms are still not relevant, since the proper functioning of the state institutions is impossible without a skilled and powerful state apparatus.
 The list of problems of legal regulation of the civil service personnel is determined. Suggestions are made to address these issues. It is established that one of the problems of legal regulation of the personnel support of the civil service of Ukraine under the national legislation is the imperfection of the current legislation in this field, which creates "hidden opportunities for positions". Attention was drawn to the need to address corruption issues, in particular, the strengthening of control by staffing services was proposed. For example, when recruiting a candidate for a civil servant position, the HR should, along with checking education data, work experience, etc., pay attention to identifying moral and ethical qualities and the absence of allegations of corruption in the past.
 The article analyzes the aspects of optimization of legal regulation of public service personnel. It is proposed to optimize the legal regulation of the staffing of the civil service of Ukraine in several stages in order to increase the level of professional competence of civil servants.
 Some researchers have expressed their views on this issue, of which the proposal to focus attention on attracting young creative personnel to the civil service is particularly interesting. In this case, it is advisable to amend Article 19 of the Law of Ukraine "On Civil Service" of 10.12.2015 No. 889-VIII with the establishment of the maximum age of admission to the position of civil service, which in practice can really contribute to the formation of a qualitatively new composition of civil servants. You can set an approximate age of 30 years.
 Among the areas of optimization of the legal regulation of the personnel support of the civil service of Ukraine, at the stage of raising the level of professional competence of civil servants, the extension of the personal responsibility of civil servants is highlighted. The main problems for today are that the current Law of Ukraine “On Civil Service” of December 10, 2015 No. 889-VIII provides only two types of liability of civil servants - disciplinary and material. In the Criminal Code of Ukraine and the Code of Ukraine on Administrative Offenses, firstly, the legislator does not use the term "civil servant", and secondly, there are no sections directly related to the offenses and crimes of public servants in the structure of these normative legal acts. the rules may be contained in different sections of the codes.

ASSESSMENT OF BULLS ON THEIR OWN PERFORMANCE AS A PART OF IMPROVING DOMESTIC POPULATION ABERDEEN-ANGUS BREED OF CATTLE

ASSESSMENT OF BULLS ON THEIR OWN PERFORMANCE AS A PART OF IMPROVING DOMESTIC POPULATION ABERDEEN-ANGUS BREED OF CATTLE

The new law of Ukraine “On metrology and metrological activity”. Main provisions and features

The main provisions and features of the new Law of Ukraine “On metrology and metrological activity” that comes into force on 01 January 2016 are considered. The differences from the current Law of Ukraine are considered.