Justice Of Ukraine Research Articles

Peculiarities of application of the practice of the European Court of Human Rights in the justice in Ukraine

The scientific article examines the activities of the European Court of Human Rights and identifies the significance of the relevant case law of the European Court for the case law of Ukraine. It is noted, that one of the issues, studied within the topic, is the sources and legal framework, which is especially relevant in the adoption of the Law of Ukraine «On Enforcement of Decisions and Application of the Case Law of the European Court of Human Rights», according to which courts use the Agreement and case law as a legal source in cases. The activity of the European Court of Human Rights, the role and impact on the judicial system of Ukraine are analyzed, the relevant examples are given. It is concluded, that the implementation of international human rights law into Ukrainian law is a complex procedure that requires special doctrinal consideration, as today Ukrainian citizens are among the most active complainants to the European Court of Human Rights, which indicates a fairly high insecurity by national legal mechanisms. In order to increase the credibility of the judiciary, courts should take into account the European experience, decisions and observations of the Court in their work. The Court's case law is said to play an important role in the judicial reform process as it approaches the European legal framework for human rights standards in Europe. The current law cannot fully protect a person or build justice if it is not applied properly. Based on existing ECtHR rulings, judges can accurately understand the rule of law and apply it properly, which will help improve human rights, accurate understanding and implementation of the Agreement on Ukraine. Based on the study, it was concluded, that it is necessary and appropriate to implement the decisions of the European Court of Human Rights, as in this way it is possible to ensure the protection and defense of human and civil rights and freedoms

Creating innovative design labs for the public sector: A case for institutional capacity building in the regions of Ukraine

Innovative design labs were created by public authorities of the USA, Australia, Singapore, Finland, Canada, the UK, Switzerland, Denmark, China, and other countries to accelerate changes and develop modern public service. This paper provides further insight to establishing external innovation accelerators for strengthening capacity of public institutions. The study aims to define the development opportunities for innovative design labs for the public sector in Ukraine’s regions by the case of the Laboratory of Intellectual Development for Empowering Regions (LIDER). The study was conducted at two stages: (1) exploring the features of innovation implementation in the public sector and outlining the main problems of innovation capacity of public institutions; (2) defining the development opportunities for the LIDER via SWOT-analysis. To substantiate the study results, the correlation analysis between autocratic, bureaucratic, competitive, self-protective, and participative leadership behaviors of CEOs and innovation index based on data from 18 countries was performed, as well as a survey of 195 public servants of the Ministry of Justice of Ukraine and an interview of 9 experts were conducted. The following key development opportunities for the LIDER were detected: promoting the introduction of incremental innovations in public institutions by using design thinking methodology; assisting the development of pro-innovative culture and participative leadership via individual-centric and system-oriented approaches; developing effective tools for performance management and supporting public institutions in project activity; organizing the competitions for regional innovative projects; assisting in creation of radically human systems in public institutions. AcknowledgmentThe paper was prepared within the framework of the joint Ukrainian-Lithuanian R&D project “Competence Development of Lithuanian and Ukrainian Public Sector Employees Using Design-Thinking Methodology”.The project has received funding from the Research Council of Lithuania (LMTLT, agreement № S-LU-20-5) and the Ministry of Education and Science of Ukraine (agreement № М/31-2020).

Problems of transformation of the provisions of the «national economic strategy 2030» into the regulatory framework of the electronic court of Ukraine

Problem setting. The adoption in Ukraine of the “National Economic Strategy for the period up to 2030” (hereinafter – the “Strategy - 2030”) encourages a comprehensive analysis of the implementation of previous programs and sectoral “strategies” and “concepts” completed in 2020 and the development of ways to implement certain sections of the strategic course of economic development of the state, in particular their transformation into judicial legislation. The approach of the authors-developers of the “Strategy - 2030” and the selection as one of the key areas of “rule of law” with the goal of “ensuring fair justice in Ukraine based on the rule of law, protection of human rights and freedoms, individuals and legal entities “is commendable”, while emphasizing the problem of “ low level of trust in the judiciary”; “Imperfection of electronic services in the activities of courts” and “only partial introduction of electronic justice”. That is why the European Bank for Reconstruction and Development intends to launch a project in Ukraine in 2021 to establish online courts. The implementation of such an innovative program creates the preconditions for the reality of the announced state course on the “court in a smartphone” and stimulates urgent measures to develop a regulatory framework for the implementation of grand strategic plans. The purpose of the article is to study the relationship between innovation processes in the economy with the introduction of the Ukrainian model of e-court and find ways to digitize access to justice while developing proposals for ways to transform the provisions of “Strategy - 2030” into specific bills due to the introduction of modern information technologies. Analysis of resent researches and publications shows that until 2021, researchers of innovation and ways to improve economic development did not link these processes with the state of the rule of law, not to mention the relationship with the introduction of electronic justice . The works of V. Bilous, O. Bryntsev, I. Bogolyubsky, O. Golovchenko, N. Golubeva, I. Izarova, A. Kalamaiko, N. Kushakova - Kostytska, N. Loginova and others are devoted to the issue of introduction of modern information and communication technologies in the Ukrainian judiciary with analyzes of certain aspects of digitalization of courts of Ukraine. Article’s main body. Based on a comprehensive analysis of the practice of adopting various sectoral strategies and concepts, the need for proper regulation of procedures for the development and adoption of program documents is emphasized. At the same time, the previously expressed proposal supported the strategy of socio-economic development of the country to understand the formed for the long term certain areas of economic and legal development of the country. Building a sustainable e-government system in the country is the key to the simultaneous development of e-court as one of the key components of the overall digitalization of society. Among the main problems is the absolute unpreparedness of the existing legal framework for the introduction of artificial intelligence in court proceedings and the emphasis on the validity of legislative adjustments to the e-court system in Ukraine. Conclusions. In essence, they are reduced to organizational proposals for the formation of a research unit in the Academy of Legal Sciences of Ukraine, which would study artificial intelligence in the judiciary and develop programs of information technology support of e-court in Ukraine and specialized programs for digitization of judicial activity. At the same time, the need to complete the formation of the structure of courts and judicial jurisdictions has been further substantiated by developing amendments to the procedural legislation regarding the national model of judicial precedent.

Intersectional relations between executive law and civil law of Ukraine

The scientific article is devoted to analyze the intersectional relations between executive law of Ukraine and civil law of Ukraine. The classification of forms of intersectional relations, offered by M.Yu Chelyshev, was taken as the ground of theoretical and methodological base of scientific research the intersectional relations between executive law of Ukraine and civil law of Ukraine. Even though this scientist-lawyer researched the intersectional relations of civil law, grounding on the subject of his scientific researches, his classification is stated as universal and grounded enough and can be used for different legal researches. In the scientific article the intersectional relations between executive law of and civil law of Ukraine are discovered though direction as follows: 1) intersectional interaction between executive law of Ukraine and civil law of Ukraine (it represents by using in executive law definitions and constructions of civil law. As an example of definitions and constructions of civil law, that are used in executive law, can be stated the definition of agreement); 2) intersectional influence between executive law and civil law (it represents by mutual influence of compositions of executive law and civil law, especially norms and institutions. The bright example of that mutual influence is the legal status of some kinds of property on the context of forfeiture the property – some kinds of property are out of forfeiture in the executive process, despite that property are out of turnover restrictions); 4) intersectional legal and collision regulation (it represents by direct and indirect mutual renvois between civil legislation and executive legislation. As an example can be used the direct renvoi to art. 28 of The Civil Code of Ukraine from subpar. 5 par. 2 sec. III of The Instruction of Compulsory Execution Organization, approved by The Ministry of Justice of Ukraine from 02.04.2012 under № 512/5).

Theoretical basis of forensic expert investigation of accidental events on air transport

The purpose of the article is to study and develop theoretical and methodological principles of forensic aviation technical expertise, recommendations for the application of special knowledge in criminal, civil, commercial and administrative proceedings to prevent, detect, investigate and consider by investigators / courts crimes related to violations of regulations legal acts on traffic safety or operation of air transport, as well as improving its methodology, justification and formulation of recommendations for legal evaluation of results and increase the effectiveness of the use of forensic conclusions in the process of proof. The methodological basis of the study are the laws and categories of the theory of knowledge, in particular the provisions of materialist dialectics, which contributed to the understanding of the purpose and objectives, subject, object, research issues in the context of interdependence of achievements and needs of practice. At the same time, the methods of formal logic (analysis, synthesis, deduction, induction, analogy, abstraction) made it possible to understand in more detail the content of the studied questions, the essence of the studied categories and phenomena was clarified by the system-structural method. The Ministry of Justice of Ukraine has created a new type (subtype) of forensic examination: “Aviation Technical” and forensic specialty 10.25 “Investigation of aviation events and incidents”, so the article formulates the basic concepts of forensic aviation technical examination, namely: identifies the main issues, which are decided by forensic aviation technical examination; tasks, subject, object which give the chance to understand essence and the maintenance of expert activity of these researches; the tasks of a specific examination are distinguished from the tasks of other related types of examinations in this area. The process of researching air transport objects is quite complex, diverse and specific. The problems facing the investigation (court) determine the feasibility of creating and developing a theoretical basis for a new type (subtype) of forensic examination: “Aviation Technical” and forensic specialty 10.25 “Investigation of aviation events and incidents”. To solve the tasks and create a coherent system of expert research in air transport, it is necessary to conduct a set of research works to develop a methodological basis for this type (subspecies) of forensic examination.

DOCTRINAL ASPECTS OF OPTIMIZATION OF ADMINISTRATIVE PROCEEDINGS OF UKRAINE

The article is dedicated to the problems of optimization of administrative court system of Ukraine in connection with the ongoing reform of the courts. The available arguments for and against reforming the acting model of administrative justice of Ukraine are discussed. It has been clarified that the system of administrative courts in force has been specially approved for the adoption of Ukrainian society. The results of the statistical analysis show how it can successfully cope with deliveries to its arrogance. Indicate that you must reinsert the court system and recapture the administrative courts with the common courts. At the same time, with healthy administrative conviction, there are a few significant problems, among them we can call access to administrative justice and delimitation of administrative court jurisdiction from commercial and common courts jurisdictions. A closer look at the problems that need to be solved will require a farther and more thorough amendments to optimize the administrative courts activity. It has been concluded that the model of administrative justice in Ukraine since 2005 in the form of a separate subsystem of administrative courts of both the first and second links fully meets European standards and ensures the implementation of the rule of law, protection of rights and legitimate interests of individuals and legal entities, judicial control over legality and decisions of public authorities and their officials. There are no good grounds for its change (merger with courts of civil and criminal jurisdiction). Such reform will do more harm than good, negatively affect the quality of justice, the professional level of the judiciary. Prospects for further reform of administrative proceedings in Ukraine are in the area of introduction of modern mediation procedures, electronic proceedings, improvement of control over the legality of court decisions by higher courts (especially the Supreme Court of Ukraine), optimization of the burden on judges by establishing rational norms of their activity, depending on the number of cases received by the courts, the development and implementation of more effective mechanisms for the selection, training, retraining and accountability of judges.

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The article is devoted to the definition of innovations in scientific approaches and legal regulations on the organizational and legal framework for the functioning of probation in Ukraine, taking into account international experience and national specifics, the formulation of proposals for further development. It is established that with the help of European projects that contribute to the implementation of an effective probation system in Ukraine, our country is on the way to building its own perfect model of probation service as a major step towards global human rights standards. In addressing the issue of priority, turning criminals into law-abiding citizens or protecting society from recidivism, it seems to be a search for a balance (for example, between considering probation as a form of social work with criminals and as a form of alternative punishment). It is determined that the most optimal organization is the system enshrined in the Law of Ukraine �On Probation�, according to which the probation body is directly subordinated to the State Institution �Probation Center�. The probation body is formed by the Ministry of Justice of Ukraine in the administrative-territorial units of Ukraine to ensure the implementation of the tasks of the State Penitentiary Service of Ukraine. The activities of the Probation Center are directed and coordinated by the Deputy Ministry of Justice of Ukraine in accordance with the division of responsibilities. However, there are many inconsistencies and inaccuracies in the law. Therefore, a prerequisite for the effective operation of the probation service in Ukraine and the achievement of its goals is the following: first, amendments to the current law and adjustment or complete change of regulations, directly instructions governing the activities of the penitentiary inspections; secondly, the continuation of the holding. It is concluded that from the organizational and legal point of view, probation bodies should acquire the status of bodies that receive unlimited influence on a person, from the moment of initiating criminal proceedings to deciding the further fate of the convict during his execution and after release. Such an approach extends criminal enforcement activities far beyond criminal enforcement relationships, in fact trying to link their emergence with legal facts that are the basis for the existence of relations of a completely different type and nature. This, it seems, corresponds to the path chosen by Ukraine to build a legal, democratic, social state.

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The article provides a theoretical and legal analysis of the legal support of Ukraine in the context of raising capital by banks in international markets. The author determined that the economic crisis in the country is protracted, the capital market in Ukraine remains largely underdeveloped. The state has taken many steps to overcome the economic crisis, identified priority measures, strategic steps to build a sustainable economy, in particular, many efforts have been made to find free funds to attract investment, but this, as practice shows, was not enough. An important step in building a free and competitive state was the adoption of the Association Agreement between Ukraine and the European Community. This document is the largest international legal document in the history of Ukraine and the largest international agreement with a third country ever concluded by the European Union. In accordance with the Program of Integration of Ukraine into the European Union (hereinafter - the Program), approved by the Decree of the President of Ukraine � 1072/2000 of 14.09.2000. Synchronization of internal market transformations of changes in the processes of EU enlargement. First of all, it concerns: reform of executive and judicial bodies and cooperation of the Ministry of Justice of Ukraine with courts; administrative and territorial reform; formation of the foundations of regional development policy (including legislation on the distribution of competencies, budgets, taxes); completion of privatization (primarily enterprises of strategic importance for the economy and security of the state and banks); reforming the banking sector as a whole. Thus, in particular, a developed capital market is usually seen as a competitor in the commercial banking sector, as they compete for retention and investment opportunities. However, in today�s financial system, there are complementary relationships between the capital market and banks, as they choose different segments of the financial markets and focus on different types of customers. In the process of writing the article came to the following conclusions. The right direction in the reform of the economic sector is to determine the measures of state investment support should be preceded by a detailed analysis of the effect of the benefits and preferences previously granted to economic entities. Establish the legislative level the provision that the minimum amount of public investment should be equal to the amount of all new debt, i.e., the amount of borrowings during the year may not exceed the amount of budget expenditures to finance investments. Introduce the practice of developing and implementing investment incentive packages. Introduce a practice in which the decision on new borrowings is preceded by public information on which projects have already been used to finance the funds and for which purposes (projects) new borrowings are envisaged. Establish strict control over debt activities.

Administrative justice as a deterrent to the implementation of tasks within criminal proceedings

The purpose of the article is to clarify the problems of the institution of administrative justice of Ukraine in the context of the implementation of tasks within criminal proceedings. Subject of research: The subject of the research is the shortcomings in the administrative justice of Ukraine that can create obstacles to achieving the objectives within criminal proceedings. Methodology: The methodological basis of the article are general and special methods of legal science, in particular: dialectical method, logical and semantic method, methods of analyses and synthesis, system and structural method, formal and legal method, method of generalization. Research results: The bases for administrative justice in Ukraine are characterized, its value and main shortcomings are determined. Practical implications: The problems of administrative justice, which are a deterrent to solving problems in criminal proceedings, are analyzed. Value / originality: The consequences of the considered legal incompatibilies are determined and the ways to overcome them are suggested.

Problems with control activities of private performers

The article analyzes the state of legislation and practice of disciplinary proceedings against private executors by the DisciplinaryCommission of Private Enforcement Agents on the basis of submissions of the Ministry of Justice of Ukraine, entered as a result ofconsideration of appeals of debtors to appeal the procedural actions of private executors in the execution of their court decisions. Cont -rol and inspection of the activities of private performers may also be carried out by: courts, the Council of Private Performers of Ukraineand investigative bodies.But the simultaneous and consistent activity of such a number of persons authorized to inspect a private executor is impractical,as it disrupts the activities of a private executor.The debtor is most interested in taking appropriate actions with abuse of rights, who will use the availability of these methods to“protect” their own interests in order not to enforce or delay the execution of the decision.Therefore, we believe that the debtor should be given the right to appeal against the decisions, actions or omissions of the stateexecutor only in court. Such a provision of the law will eliminate the possibility for the debtor to abuse his rights, to use possible pressurefrom the Ministry of Justice on the private executor, which is intensified by the possibility of the latter to initiate disciplinary proceedingsagainst him.
 Corruption risks when inspecting the activities of private performers may also occur when passing the qualifying examinationevery five years through automated anonymous testing. You can make tickets so that no one can answer them. Thus, private performerswill look for a way out of this situation – to find the “unofficial” cost of passing the exam and solve this issue with the least time andeffort.Therefore, without defining clear limits of disciplinary liability and appropriate measures that can be applied to private perfor -mers for certain illegal actions, control by all institutions will border on the corruption component.Therefore, the issues of checking the activities of private performers and monitoring their actions require broad and public discussion,setting clear limits of application and bodies that will exercise such control to prevent corruption, and bringing private performersto disciplinary responsibility have become objective.

Development of determination methods of quetiapine fumarate for forensic-pharmaceutical purposes

Quetiapine fumarate (an antipsychotic) is part of numerous generic drugs that are in fairly wide demand among the population, therefore, more and more data appear on the counterfeiting and smuggling of funds, as well as non-medical use, which are life-threatening for the population and explain the high prevalence of the active ingredient as object of forensic examination. The aim. To develop an algorithm for conducting a forensic pharmaceutical examination and propose a method for determining quetiapine fumarate for forensic pharmaceutical purposes. Materials and methods. All studies were performed using reagents that meet the EP, USP and USPU requirements, Class A glassware and qualified devices. Identification by IR spectroscopy was performed in the range from 500 to 4000 cm-1 on the device “Nicolet 380 FT-IR Spectrometer by Thermo Fisher Scientific” using a prefix “Smart Perfomer” with a ZnSe crystal. The UV absorption spectra of the solutions were recorded using a Specord 205 spectrophotometer from Analytik Jena AG (Germany). TLC was performed on Merck chromatographic plates (silica gel 60G F254, Germany). The following systems were used as mobile phases: hexane – acetone – 25 % ammonia solution (60: 40: 2); methanol – 25 % ammonia solution (100: 1.5), hexane – acetone – 25 % ammonia solution (50: 45: 5). Detection was performed under UV light (254 nm), followed by spraying with Dragendorff reagent. Analysis by gas chromatography with mass detection was performed using a GC gas chromatograph with a mass spectrometric detector GCMS-QP2020. Data were analyzed using the program: GCMSsolution, LabSolutions Insight (Shimadzu Corporation, Tokyo, Japan). Results. An algorithm for conducting a forensic pharmaceutical examination in accordance with the current legislation of Ukraine has been developed, methods for determining quetiapine for forensic pharmaceutical purposes have been proposed. Conclusions. The developed methods for determining quetiapine meet the requirements of the current legislation of Ukraine and the Ministry of Justice of Ukraine. The obtained data prove the high sensitivity and reproducibility of the methods and prove the possibility of their introduction into the practice of forensic examination

Legal clinical education as a socially oriented educational activity in the field of law

The article is devoted to the general theoretical characteristics of one of the non-traditional forms and methods of teaching — legal clinical education as a means of forming a new teaching methodology in Ukraine. Based on the achievements of modern domestic and foreign scientists, the theoretical foundations of legal clinical education in Ukraine and regulatory tools for the organization and operation of legal clinics in Ukraine are analyzed and developed. Among the three main functions of legal clinical activity (human rights, education and educational), the content of the latter is disclosed, as legal clinics in higher education are created primarily for student education, and other functions are implemented as derivatives. It is established that the main purpose of the legal clinic — educational — students gain practical skills in the process of providing free legal aid to the population, while other areas of their activities are secondary (derivative). The purpose of legal clinical education as an interactive method of teaching law students is to strengthen their practical training by engaging in practical legal activities and providing free legal aid to the poor. In contrast to other methods of training lawyers, the advantages of legal clinical education are: the acquisition of practical skills by students before the start of real practice; combination of theoretical knowledge simultaneously with the acquisition of practical skills. In order to legalize the concept of «legal clinical education» and the acquisition of the latter’s official status — the legal definition, the author considers it necessary: To adopt in general the draft «Concept of development of legal education», developed by the Ministry of Education and Science of Ukraine together with the Ministry of Justice of Ukraine. To establish in normative-legal acts on the organization of educational process, carrying out educational practice and the account of time of work of scientific and pedagogical workers instructions concerning necessity of direct introduction of provisions on activity of legal clinics; To enshrine at the level of a binding rule of law instructions on the need to operate a legal clinic, as a condition for accreditation of a legal institution of higher education and obtaining a license to train lawyers; Regulatory provision of a system of public control over the quality of functioning of legal clinics in the structure of a legal institution of higher education. Key words: legal clinic, legal clinical education, legal clinical activity.

Evaluation of the Results of the Historical and Legal Comparison of the Juvenile Justice of Ukraine and Poland in the 1920s

The methodology of comparative historical and legal research is extremely complex, as each stage puts forward a number of specific requirements for the qualification of a historian, as well as for the procedure for working with historical and legal material. However, despite the importance of comparative analysis, which consists of comparing historical and legal objects, the stage of interpreting and evaluating the results of comparative research remains the priority in the context of heuristic knowledge. However, there are still no clear algorithms by which the comparative historian can perform this task, nor is there a general understanding of the direction in which the data obtained during the historicallegal comparison should be explained. Particular difficulties arise in interpreting the results of the comparison of specific historical and legal objects such as the court and the judiciary. In this article, we try to overcome this discrepancy between the theory and practice of the comparative historical and legal method using the comparative analysis of juvenile justice in Ukraine and Poland in the 1920s, recreating the sequence of actions of a comparative historian, which lead to important scientific results. The structure of the article is determined by its main task and therefore begins with the coverage of theoretical and methodological principles of interpretation and evaluation of the results of comparative historical and legal analysis. In particular, this part deals with the main approaches to the explanation of the data obtained during the comparison of historical and legal objects, as well as the primary rules and principles of their interpretation. The next part of the article is devoted to a specific example comparing juvenile commissions of the Ukrainian SSR and juvenile courts and probation officers of Poland in the 1920s and further explanation of the information obtained. Finally, the last part of the article explores the possibilities and prospects of historical and legal forecasting at the stage of evaluating the results of a comparative study.

Some Issues of Constitutional Justice in Ukraine

This article focuses on and weighs the main benefits and risks of introducing and deploying technological instruments for justice, as well as their potential effect on fairness. The replacement with and complementary use of technological solutions in light of their application in the judicial system in the digital age are considered. The explicit and implicit risks that arise from the introduction and deployment of technology instruments are analysed. Taking an axiological approach that assumes the a priori value of human rights, justice, and the rule of law, we evaluate the main dangers that the use of technological solutions in the justice system entails. With the help of formal legal and comparative legal methods, as well as the analysis of scientific literature and contextual analysis of open sources on the capabilities of artificial intelligence and the bias of algorithms, the article fills in the gaps regarding the potential of technology to improve access to justice and the use of algorithms in decision-making. It is noted that some technological solutions, as well as the usual behaviour of all actors in the digital era, change the nature of interactions, including those in the justice system. The question of the possibility of algorithmic justice is considered from the standpoint of fairness and non-discrimination. The article shows how the use of algorithms can improve procedural fairness but emphasises a careful and balanced approach to other elements of fairness.

Reforms in the field of law, judicial proceedings and justice as a factor in the formation of a political association between Ukraine and the EU

Reforms in the field of law, judicial proceedings and justice as a factor in the formation of a political association between Ukraine and the EU

Influence of digitalization on the public policy forming in Ukraine

Problem setting. The COVID-19 pandemic, global quarantine, quarantine restrictions created the conditions for society to react quickly. Digital technologies are now being used more intensively, and the public administration sector is no exception. At the same time, the country's development requires systematic strategic and tactical decisions that will accelerate the introduction of modern digital technologies in all spheres of Ukrainian society, also forming and implementation of public policy at various levels of government.
 The analysis of recent researches and publications. Problems of digital society are studied by such Ukrainian scientists as O. Klepanchuk, O. Petryk, S. Lisovsky, S. Romanyuk, L. Rudenko (the emphasis – achieving by Ukraine the goals of sustainable development, where the development of the digital society is considered as one of the tools); issues of implementation of e-government and e-democracy are studied by A. Emelyanova, S. Loboyko, O. Maevska, A. Semenchenko, V. Dreshpak; research on the implementation of public policy in a particular area, including in the field of justice and the provision of administrative services, are among the research interests of Y. Starylov, J. Sobko, I. Markvych and others. Among foreign researchers, these issues are being investigated by C. Emmanuelli, N. Jain, N. Maechler, D. Malfara etc.
 Highlighting previously unsettled parts of the general problem: the main contradictions, trends, problems and prospects for the provision of digital public services, based on the conditions created by the COVID-19 pandemic, namely – the application of quarantine restrictions; influence of digitalization on the public policy forming in Ukraine.
 Paper main body. The article analyzes the problems inherent in modern Ukrainian society in connection with the rapid digitalization processes, that have taken place over the past year. The influence of digitalization on the forming and implementation of public policy is considered on the example of the activity of the Ministry of justice of Ukraine. Based on the results of a survey of civil servants and local government officials conducted by the author, the main trends, problems and prospects for providing public services online are identified.
 2020 turned out to be the crisis year for all mankind on the one hand, and on the other hand – it encouraged the rapid development of certain industries, including the field of digital transformation. In public administration, this has been embodied in promoting the use of digital services and governance platforms. In the direction of forming and implementation of justice state policy main efforts are aimed at building online interaction between citizens and the state, reducing the number of paper documents, more efficient administration of open state registers, ensuring control at each step of citizens' appeals, reducing corruption risks. minimization of the human factor in the processes of providing administrative services.
 The author conducted the survey among students of the Lviv Regional Institute for Public Administration of the National Academy for Public Administration under the President of Ukraine on the provision of administrative services online. 66 applicants from eight regions of Ukraine were involved in the survey. The question was asked: what hinders the development of administrative services online? Among the answers, the most common are (in order from most popular to least): low technical literacy of service consumers; technical unpreparedness of networks; unpreparedness of the citizens; unpreparedness of officials; insecurity of the information processed; lack of habit to use online; distrust to the state.
 Conclusions of the research and prospects for further studies. Contradictions of the digital society development in Ukraine include: the digital divide (the gap in the level of digital equipment); technological unemployment; digital dependence and digital control; digital opportunities for crime; unlimited digital space and its content; the need for large-scale efforts and resources to address the digital space, and needs will only increase; unavailability of information created by bodies-not information managers; form of obtaining information, information is created or obtained in a form unsuitable for machine processing; method of information processing – non-interoperability of data sets from different managers.
 Among the factors that will determine digitalization processes on the public policy forming in Ukraine, we consider: increasing the technical literacy of service consumers; improving the technical readiness of networks; work with the population to promote the tools of consumption of administrative services online; training of officials to work in the digital space; taking measures to protect information held by the authorities; forming the habit of using online in the field of forming and implementation the public policy; increasing the level of trust to the state.

ЗМІСТ ТА ОСОБЛИВОСТІ ВТІЛЕННЯ ПРИНЦИПУ ПРЕЗУМПЦІЇ НЕВИНУВАТОСТІ У СФЕРІ ЮВЕНАЛЬНОЇ ЮСТИЦІЇ

Today, the principle of «presumption of innocence» is recognized at the international and national levels as one of the basic principles of criminal proceedings. The object of this study is public relations in a specific area of children's rights – juvenile justice. The purpose of the article is to clarify the content and features of the implementation of certain aspects of the principle of «presumption of innocence» in the field of juvenile justice. The presumption of innocence is interpreted and used quite ambiguously, which is of interest to the study. To achieve this goal, general scientific and special methods of scientific research were used. The solution of the outlined tasks of the research was carried out taking into account the practice and position of understanding the content of this principle by the European Court of Human Rights. It is established that ensuring the presumption of innocence as a priority basis for the formation and implementation of child-friendly justice in Ukraine requires effective implementation in all judicial and extrajudicial or administrative cases, execution of court decisions with the participation of children. It is proved that the implementation of this principle in the juvenile justice system concerns not only the provision of procedural rights of a minor as a participant in criminal or administrative proceedings, but also other personal, social and cultural rights and freedoms of the child, the implementation or observance of which may be violated. It is emphasized that the content of the principle of presumption of innocence, as well as its actual implementation should always be correlated with the principle of ensuring the best interests of the child regardless of race, colour, sex, language, religion, political or other beliefs, national, ethnic or social origin, property the condition of the children themselves or their families or any other circumstances.

Message from the Editor-in-Chief of International Journal of Education and Science, Vol. 4, No. 1, 2021

Dear readers and authors, It is a great honor for us to publish the International Journal of Education and Science (IJES) for the fourth year in a row. There were some organizational and technical changes at the beginning of 2021, of which we would like to inform the readers and authors of the IJES. Changes in the IJES co-founders composition. The co-founders composition changed in March 2021: Information Agency PROK, Latvian Republic – Ukraine and Melnyk Yuriy Borysovych, Ukraine were replaced by a new co-founder Kud Aleksandr Aleksandrovich, Ukraine. Re-registration is taking place in the Ministry of Justice of Ukraine. Expansion and specification of scientific directions of the IJES. Today’s realities required combination and specification of scientific directions in the field of social and behavioral sciences the IJES is dedicated to. Such scientific directions as Social and Behavioral Sciences: Education, Economics, and Law were specified to ensure further more in-depth professional specialization of the IJES. Thus, the IJES remains a scientific periodical peer-reviewed indexed journal providing a scientific platform for presenting and discussing new trends and problems in the social and behavioral sciences. For the previous three years, the IJES was published only in two languages (English and Ukrainian). In 2021, the Editorial Council decided to publish the IJES in three languages, namely in English, Ukrainian and Russian. Changes in the format of scientific papers in the IJES. Due to the change in the number of languages in which the IJES will be published, as well as new trends, including regarding the references format (APA Style (APA 7th)), the requirements for paper format have been changed. You can read about the changes both in the online version on the IJES website and in the printed version at the end of the last issue.

TO THE ISSUE OF THE STATE OF RESTORATIVE JUSTICE IN UKRAINE AT THE PRESENT STAGE

The purpose of the article is to study the roles of the prosecutor and the lawyer in reconciling between the victim and the suspect (accused) in Ukraine at the present time and to examine the possibility of increasing their participation in the reconciliation between the parties in the future. Reconciliation between victim and suspect (accused) in committing of a criminal offense as the centerpiece of the restorative justice in Ukraine today takes place outside of criminal proceedings, but it may have important substantive and procedural consequences in it. It can be considered as a mitigating circumstance in sentencing and even give rise to release the suspect (accused) from criminal liability. With the importance of reconciliation not only for the victim and the suspect, but also for the state, the question about scope of prosecutor`s powers as a procedural chief in criminal proceedings remains relevant. Such powers must be effective for facilitation such reconciliation, and at the same time they must prevent the unjustly avoidance of liability. It is also equally important to clarify the role of lawyers and the system of free secondary legal aid in restorative justice in Ukraine. The authors analyzed in the paper the normative regulation of the prosecutor's and the lawyer`s powers related to the reconciliation between the parties and the mechanism for the application of the restorative justice for its sufficiency and ability to provide the necessary mechanisms for implementing the provisions of the law. The authors found such gaps and differences in law regulation that hinder the development of conciliation practices in national criminal proceedings. The authors also examined the data of official state registers and revealed negative trends in the participation of the prosecutor in taking the procedural decisions based on the successful reconciliation between the victim and the suspect (accused). This gives reason to claim that the prosecutor's participation in reconciling between the victim and the suspect (accused) currently does not take into account neither the interests of the parties nor the state's interests in reducing the workload on the judicial and penitentiary systems and resolving other issues that accompany the existing punitive approach. In view of this, the authors proposes to make a number of changes to national legislation in order to eliminate those legal gaps that negatively affect the implementation of rules that guarantee the right to reconciliation and determine the admission of its positive results during making a final decision by court. In addition, the authors also emphasizes the necessity and practical feasibility of introducing a new model of the prosecutor`s participation in reconciling between the victim and suspect (accused) and giving him the right to initiate mediation with the consent of the parties. Such rules will also require the establishment of some additional provisions that will form a comprehensive implementation mechanism and serve as a guarantee of the interests of the victim and suspect (accused). As an example the authors used the rules of Criminal Procedure Act of the Republic of Slovenia. The authors also explored the main provisions and first results of The Pilot Project «Restorative Program for Juveniles Suspected of Committing a Criminal Offense». This project is the first attempt to expand the prosecutor's involvement in reconciling between the victim and the suspect (accused). The authors made conclusions about the real state of restorative justice in Ukraine at the present stage and the role of lawyers in it, taking into account the analysis of unique data collected from the Regional Centers for Free Secondary Legal Aid in Odesa, Mykolaiv and Kherson regions.

Application of the Principle of Good Governance in the Activities of the European Court of Human Rights

Based on the methodology of performing axiological and logical-gnoseological analysis of juridically significant factors, the article under discussion presents a partial investigation of the practical application of one of the most fundamental principles of state functioning in the field of human rights protection. The object of investigation in the paper is the way the European Court of Human Rights (ECHR) perceives, understands and interprets the principle of Good Governance in the course of implementing it in Court’s activities. The precedents, formulated and adopted by the ECHR frequently acquire the status of legal sources for the member states of the Council of Europe. Therefore, the judiciary bodies of these countries have to rely in their practice on the conclusions, the ECHR came to in the course of considering certain cases. Qualitively equal understanding and application of the above decisions is a cornerstone in forming a common European legal space, as well as plays a leading role in the field of human rights protection, guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 (hereinafter - the Convention) (Council of Europe, 1950). The principle of Good Governance is a complex notion. It directly or indirectly regards the rights and interests of both individuals (ensuring them certain rights and freedoms in a vast number of articles of the Convention) and social groups. This requires a complex analysis of the principle in both theoretical and practical aspects of its definition and application. Relying on the methodology of profound analysis of the axiological component of a certain legal phenomenon, like the content of some decisions of the Strasbourg Court, the authors of the article attempt to practically trace the implementation of the principle of Good Governance in the course of administering justice in Ukraine, as a member state of the Council of Europe. Therefore, the article under studies deals with the specifics of practical application of the principle of Good Governance in the ECHR activities, as well as with using precedent experience in the system of administrative judiciary of Ukraine.