Legitimate Interests Of Individuals Research Articles

Organization and Implementation of Public Tax Control in Russia: Modern Problems and Ways to Solve Them

Annotation. This scientific research addresses the issues of the functioning and development of public tax control, which is the most important component in the system of guarantees of both the system of constitutional principles (especially democracy and the participation of Russian citizens in the functioning of the public administration system), and the system of rights, freedoms, legitimate interests of individuals and legal entities in Russia. The necessity of incorporating the institution of public tax control into the Russian legal system is substantiated. The article examines various approaches to defining the concept of public tax control and substantiates its author's definition. The work analyzes modern problems that hinder the development of public tax control in Russia, including: the lack of enshrinement of this institution of civil society in the Constitution; not developing specific forms, methods and types of public tax control measures in the Russian scientific legal doctrine; the lack of real powers among subjects of public control to exercise effective public tax control; lack of specialized subjects of public control in this area; poor use of modern information and communication technologies by these entities in their activities; insufficient funding for their activities from state and municipal budgets; weak use of foreign positive experience in organizing and functioning of control of civil society in this area; the absence of specific measures of responsibility for counteracting the legitimate activities of representatives of subjects of public control in criminal and administrative legislation. The article develops and substantiates a system of measures to resolve these problems by: incorporating public tax control into the Constitution of Russia; its details in Russian legislation; expanding the powers of subjects of public control; creation of special entities in the field of public tax control, independent of tax authorities; using in their activities positive foreign experience in exercising public control in the field of tax legal relations; developing a system of federal programs to develop the organizational, technical and financial base of subjects of public control, increasing their use of modern digital technologies; tightening measures of criminal and administrative liability for opposing the legitimate activities of subjects of public tax control.

On the question of recognition of the decision of the subject of authorities as unlawful

The article examines the problems of recognition of illegal decisions of subjects of power. The author draws attention to the fact that the decision of the subjects of power is a consequence of the implementation of the public-authority management function by the subjects of power. The legality of the decisions of the subjects of power is a necessary condition for the legality of activities to ensure citizens’ realization of their rights, freedoms and interests. The article states that the legality of the decisions of the subjects of power ensures the legality of administrative and regulatory activities, the proper level of law and order in the state, and the protection of the rights of participants in public-law relations. The author draws attention to the fact that administrative courts play a significant role in matters of legality verification, protecting rights, freedoms and interests by recognizing the decisions of subjects of authority as illegal. It is justified that the cancellation or invalidation of the decision of the subject of power can be considered one of the ways to ensure its legality and the extent of responsibility of the body or official who made the relevant decision. It is concluded that the annulment or invalidation of the decisions of the subjects of power, recognized by the court as illegal, is of undoubted importance for ensuring law and order by eliminating illegal regulatory and individual acts from the law enforcement mechanism, and restoring the violated rights, freedoms and legitimate interests of individuals in the field of public and legal relations. The article substantiates that recognition of an act as illegal is a separate way of protecting the violated rights, freedoms or interests of a person. If the act is recognized as illegal, the court, depending on the type of act, applies other methods of protection, annulment of the individual act, or invalidation of the normative legal act.

Use of special knowledge in the investigation of crimes committed by employees of collection agencies

The article discusses some issues of the organization of proceedings in criminal cases committed by employees of collection agencies against debtors in debt collection. The introduction of a new rule of Article 172.4 of Criminal Code of Russian Federation into the criminal law is positively assessed, which, according to the authors, will strengthen the level of protection of the rights and legitimate interests of individuals with overdue debts in the credit sphere, especially in the field of microloans. It is noted that this is a new type of crime, for the effective investigation of which law enforcement agencies are not quite ready to a certain extent due to insufficient development of practical recommendations for conducting investigative and other procedural actions. Attention is paid to such an aspect as the use of special knowledge when conducting procedural actions on this category of crimes, which is due to the specifics of their commission. The methodology of the study consists in the use of an integrated and information-analytical method of processing forensic information, forensic investigative practice, as well as an objective assessment of the recommendations available in the legal literature on the production of procedural actions with the involvement of special knowledge. Recommendations on the use of specialist assistance in the production of verbal and non-verbal procedural actions are presented. Attention is drawn to the large volume of examinations conducted in cases of this category, the choice of which is influenced by the nature of the criminal activity considered in the article. It is concluded that the specifics of the implementation of criminal activities of employees of collection agencies in the collection of overdue debts affects a significant area of public relations, the knowledge of which is often difficult or impossible without the use of special knowledge.

The purpose of administrative ensuring the balance of interests in the field of environmental regulation

The article examines the purpose of administrative maintenance of the balance of interests in the field of environmental regulation. Systemic, structural-functional methods and the method of comparison were used for the research. The topicality of the topic is due to the need to increase the effectiveness of the legal regulation of environmental protection, environmental safety, and nature management. In the context of current environmental legislation, the purpose and tasks of legal regulation are considered. It is noted that the subject-objective basis of administrative-legal regulation, which is expressed with the help of the concept of the idea of law. The latter acts as a legal idea of administrative and legal regulation in the field of ecology and forms the subject- objective basis of content and research. It is noted that the specification of the concept is manifested in the understanding of the balance of interests as a planned result of the coordination of the public interest of protecting the natural environment with basic public interests (economic well-being of citizens, security, and others), even with private interests. Protection of the public interest should have the ultimate goal of protecting the rights and freedoms of a specific person and citizen of the state. The purpose and planned result of the reconciliation of interests is to ensure basic public interests, ensure the subjective environmental rights and legitimate interests of citizens, and protect them from the misconduct of powerful subjects of administrative law in the field of legal regulation of environmental protection. The administrative-legal maintenance of the balance of interests in the field of environmental regulation is defined as a system of organizational, material and procedural administrative-legal means, with the help of which, in the process of realizing the public interest of environmental protection, basic public interests are ensured, the rights and legitimate interests of individuals and legal entities are ensured and protected.

Educational Activity Licensing Procedure: Administrative and Legal Nature

The relevance of the study of the licensing procedure of educational activity is determined primarily by the need to improve the legislation on higher education within the scope of the Law of Ukraine "On Administrative Procedures". Normative acts regulating the licensing of educational activities are classified depending on the subject of regulation and are distinguished: 1) those regulating the static characteristics of licensing of educational activities; 2) those regulating the dynamic characteristics of educational activity licensing. It is substantiated that the procedure for licensing educational activity is a public procedure related to the exercise of the right to educational activity. The features characteristic of the educational activity licensing procedure as a type of administrative procedure are singled out, namely: it is carried out in the manner determined by the legislation on higher education; concerns public-legal relations regarding the provision of rights, freedoms or legitimate interests of individuals in the field of educational activity; is decided with the participation of an administrative body - an executive body, or rather the Ministry of Education and Science; as a result of the administrative procedure, the license is accepted as an administrative act, etc. It was concluded that according to the classification criteria, the licensing procedure of educational activity is a type of: 1) special partial; 2) law enforcement; 3) non-jurisdictional; 4) external; 5) declaratory administrative procedure. It has been established that a license is a decision of an individual nature, which is taken by an executive body authorized to perform the functions of public administration to resolve a specific case for the acquisition, change, termination or realization of rights and/or obligations in the field of education.

Peculiarities of the application of measures of procedural coercion in administrative proceedings

The article is devoted to the study of the peculiarities of the application of measures of procedural coercion in administrative proceedings.
 It is noted that the application of measures of procedural coercion is related to the restriction of personal freedom and will of citizens. Therefore, measures of procedural coercion should be applied only in accordance with their purpose, in the presence of grounds established by law and in the manner established by law.
 It is indicated that a warning is a written remark addressed to a person about violation of order in a court session or failure to comply with the instructions of the court chairman. For example, offensive accusations of participants in the court process, remarks, failure to observe silence in the courtroom, etc. The application of a warning is formalized by a court decision and recorded in the minutes of the court session.
 It is emphasized that the temporary seizure of evidence for examination by the court is the requisition by the court of written and material evidence that was not presented for examination by the court without valid reasons. For example, non­submission of a regulatory act by a government body in order to avoid checking the presence of norms that contradict the Constitution and laws of Ukraine violates the rights and legitimate interests of individuals or legal entities.
 It is indicated that the pretext applies to properly notified persons whose personal participation is recognized by the court as mandatory, witnesses who did not appear at the court session without a valid reason or did not report the reason for non­appearance through the National Police of Ukraine, with compensation to the state treasury costs for its implementation.
 It is emphasized that the application of procedural coercion measures is of great importance, as it provides the head of the administrative court with real tools of influence on persons who violate the rules established by the court, creating obstacles to a proper trial.
 It is noted that the court may cancel its decision on the imposition of a fine if the person against whom it was issued has eliminated the committed violation or provided evidence of the seriousness of the reasons for not fulfilling the relevant requirements of the court or its procedural obligations.

On the concept and subjects of the official interpretation of the rules of law

The article is devoted to one of the most important problems of the general theory of law. The issues of official interpretation of law, despite the relatively greater development in the soviet and modern legal literature of the Republic of Kazakhstan and other states of the post-soviet space, nevertheless, remain relevant. The legislation of our country rather ambiguously and controversially defines the concept and subjects of the official interpretation of laws and other regulatory legal acts, giving rise to some contradictions in the laws themselves and thereby causing an arbitrary interpretation of legislative norms by law enforcement agencies, organizations and citizens. And this is a direct path to arbitrariness, violation of the rights, freedoms and legitimate interests of individuals and legal entities, as well as the state itself and society as a whole. In this regard, the author of this work made an attempt to comprehend this problem from scientific positions and give his own vision of its solution.

The interconnection between the procedural form and the lawsuit in administrative proceedings: theoretical and methodological aspect

Introduction. Under such conditions, the administrative lawsuit and the procedural form are the basic and fundamental institutions of administrative justice, performing the function of a human rights instrument, providing judicial protection of the rights, freedoms and legitimate interests of citizens. The purpose of the paper is to carry out further scientific development of the categories «administrative lawsuit», «procedural form of administrative proceedings», their mutual influence, connection and correlation between the claim and the procedural form in administrative proceedings. Results. At the present time, the administrative lawsuit performs the function of a human rights instrument that ensures the initiation of judicial protection of the rights, freedoms, and interests of citizens against illegal decisions, actions, or inaction of subjects of authority, it is also used as a means of exercising the authority of subjects in the field of public law relations mediated by the relevant decision of administrative courts. The procedural form of administrative proceedings and an administrative lawsuit are aimed at protecting the rights, freedoms and legitimate interests of individuals, rights and interests of legal entities in the field of public legal relations. Conclusions. Adherence to the procedural form in administrative judicial activity and the claim procedural form are guarantees of ensuring the rights, freedoms and legitimate interests of the participants in the judicial process, and the validity of all decisions (decisions) made by the court.

CERTAIN PROBLEM ASPECTS OF THE PROTECTION OF PARTICIPANTS IN CRIMINAL PROCEEDINGS IN MODERN CONDITIONS

The article identifies and characterizes certain problematic aspects of the protection of participants in criminal proceedings, which are caused by the introduction of martial law in Ukraine. It was established that with the introduction of martial law in Ukraine, the practice of implementing the norms of criminal procedural legislation received many new problems and challenges that require regulatory regulation or solution by judicial practice. One of such unresolved problems is the restriction of constitutional rights and freedoms and legitimate interests of individuals in the context of the protection of participants in criminal proceedings during martial law. Attention is drawn to the fact that the provisions of the Criminal Code of Ukraine do not provide for any special forms of criminal justice in the languages of martial law, and therefore the subjects of criminal proceedings (investigators, judges and courts) face a difficult task - to ensure the implementation of criminal justice in extraordinary conditions, but according to the rules peace time It has been proven that participants in criminal proceedings can actively move around the territory of the country and beyond its borders in order to minimize threats to their health and life, which complicates both the realization of the procedural rights of the participants in criminal proceedings and their fulfillment of their procedural duties. The opinion is substantiated that changes related to the specifics of criminal proceedings under martial law should be formalized by a separate special law, which will come into force only in emergency conditions or under martial law. The factors that influence the fact that the norms of criminal procedural law, which were effective in peacetime, became ineffective in the conditions of martial law are identified: 1) the presence of a real threat to the health and life of the subjects of criminal proceedings (investigators, judges, prosecutors); 2) the existence of a real threat to the health and life of participants in criminal proceedings; 3) disorder in society, which occurs in extraordinary conditions, is used by individual participants in criminal proceedings to delay criminal proceedings or to avoid criminal justice; 4) lack of evaluation criteria in the conditions of martial law of violations by participants in criminal proceedings of their procedural duties; 5) the use of traditional forms of court proceedings, which in the conditions of martial law and conditions of scientific and technical progress, no longer meet the needs of modern civilized society; 6) the potential of the forms of protection of individual rights in criminal proceedings provided for by criminal procedural legislation is not fully used in practice.

The essence and social purpose of advocacy: a comparative legal discourse

Advocacy comes from the latin word advocare, which means a person who is turned to when help is needed. In the Middle Ages, an advocatus usually acted as a representative of a feudal lord or an institution, such as a local abbey. As societydeveloped, the concept of advocacy also changed. Today, advocacy still has the same meaning - a person called to advocate for another, but instead of being the spokesman or legal representative of a powerful ruler or church, modern advocatesusually advocate or defend specific interests and rights.Article 59 of the Basic Law of the country proclaims a dogmatic idea, which consists in guaranteeing every citizen, excluding anymanifestation of discrimination, the right to professional legal assistance. In turn, the concentration of the social orientation of the legal profession can be traced in Article 131 with note 2, which delegates the exclusive right to represent public interests in court, as well as defense against criminal charges, to the bar. In turn, the functional purpose of the advocacy as a single, independent, professional, human rights institution, which consists in the protection of the rights, freedoms and legitimate interests of individuals, is implemented on the principles of the rule of law, legality, independence enshrined in the Law of Ukraine «On Advocacy and Advocacy», confidentiality and avoidance of conflict of interest.The development of the rule of law is impossible without the proper functioning of legal institutions whose activities are aimed at protecting human rights and freedoms. First of all, the scope of the professional rights of lawyers and their duties, the degree of independence, the guarantees of practicing the legal profession, the provision of legal assistance to citizens, the professionalism and availability of legal tools, and the observance of human rights in the process of carrying out activities testify to the democracy of the legal profession. Therefore, at this stage of the development of the science of constitutional law,it is extremely relevant and expedient to study the essence and social role of a lawyer in the life of civil society, which is important, through the prism of the provisions of the national and foreign concepts.

Justification of Establishment of the Institute of Criminal Responsibility of Legal Entities in the Republic of Armenia

The article is dedicated to the discussion of the mechanisms of combating the criminal acts of legal entities in accordance with the legal norms of the Republic of Armenia and the presentation of the best model of such a combat. Based on the fact that legal entities are full subjects of law, and the fact that at present legal entities operate in almost all areas of our life, affecting the rights and legitimate interests of individuals, the paper emphasizes the importance of protecting society from possible criminal activities of legal entities. Considering the existence of branches of law in our country and their autonomy, the justification of the choice of the criminal method of liability for the criminal activities of legal entities has been discussed in the article. The choice of the criminal method of liability in the article was justified both in the context of the logic of domestic legal regulations and the requirements of international legal documents. The work also touches upon the possibility of a legal entity to be considered the subject of a crime, presents proposals aimed at improving the norms that determine the criminal liability of legal entities, which, in our opinion, will make the fight against criminal activity of legal entities completer and more systemic.

Regarding the issue of legal regulation of administrative procedures in the activities of the National police of Ukraine

In the article, based on the analysis of numerous positions of scientists, the author's approach to defining the concept of "legal regulation of administrative procedures in the activities of the National Police of Ukraine" is proposed. This concept refers to the purposeful influence of the norms of administrative law on social relations with the aim of ensuring the rights, freedoms and legitimate interests of individuals and legal entities, the normal functioning of civil society and the state with the help of administrative and legal means. It was determined that in the course of the National Police's activities, a large number of administrative procedures are implemented, which relate to various areas of public life. At the same time, each of them has a certain normative anchoring. At the same time, most of these procedures have a sub-legal nature and are expressed in departmental regulations.Attention is also drawn to the fact that the legality of normative legal acts does not mean that they are less legally binding, since such acts have the necessary legal validity, which, although it does not have the same generality and supremacy as is characteristic of laws. They occupy an important place in the entire system of regulatory and legal regulation, as they ensure the implementation of the provisions of the Constitution and laws of Ukraine through specific regulatory regulation of the entire complex of social relations.The article states that the system of legal regulation directly depends on many state processes and is constantly undergoing changes. In addition, the presence of extensive departmental sources does not always solve gaps in legislation, and sometimes even has a contradictory nature.At the same time, despite the existence of a significant legal base, it is noted that there are cases of legal gaps that often lead to the violation of citizens' rights. First of all, attention should be paid to the problem of the procedure for applying preventive police measures and measures to ensure proceedings in cases of administrative offenses. As a result, in the article, the author identifies certain problems and ways to solve them in the implementation of proceedings in administrative offense cases, the use by the police of such a preventive measure as checking documents.It was concluded that the legal regulation of the implementation of administrative procedures in the National Police belongs to the complex system objects of research and requires a comprehensive study.

АДМІНІСТРАТИВНІ ПОСЛУГИ У СФЕРІ ОХОРОНИ ЗДОРОВ’Я

One of the directions of administrative reform in Ukraine is the development of the sphere of providing administrative services to individuals and legal entities. The study of the legal basis for the provision of administrative services in the field of health care aims to improve the organizational and legal conditions for the protection of the rights of patients in the medical field. The purpose of the article is to study the legal basis of providing administrative services in the field of health care. The legal basis for exercising the rights, freedoms and legitimate interests of individuals and legal entities in the field of administrative services is regulated by the Law of Ukraine «On Administrative Services». Administrative service is the result of the exercise of authority by the entity providing administrative services at the request of a natural or legal person, aimed at acquiring, changing or terminating the rights and/or performing the duties of such a person in accordance with the law. In this case, the subjects of the application are natural persons, legal entities applying for administrative services, and the subjects of the provision of administrative services are executive authorities, other state bodies, local self-government bodies, their officials, state registrars, subjects state registration entities authorized to provide administrative services. In Ukraine, the Ministry of Health of Ukraine and the State Service of Ukraine for Medicinal Products have approved standards for the provision of relevant administrative services at the regulatory level. The analysis of the general norms of the legislation on administrative services and special norms related to the provision of administrative services in the field of health care indicates the proper state of legal regulation in this area. However, the need to increase the efficiency of the medical care mechanism determines the relevance of further scientific research on the improvement of administrative services in the field of health care.

Enforcement of court decisions in civil cases: today's problems

The paper is devoted to the main aspects of the execution of court decisions as the final stage of the civil process, special attention is focused on the problems of today. The meaning of the last stage of the civil process was analyzed and its place among other procedural actions was clarified. The reasons for the actual non-execution of court decisions are determined, which are related to the violation of the systematic organization of their implementation both procedurally and organizationally, and which are also related to the full-scale war in Ukraine. Regulatory legal acts at the national level are singled out, which guarantee every person the right to judicial protection and the mandatory execution of court decisions. The process of execution of court decisions in civil cases is characterized in accordance with national legislation, which begins with the opening of executive proceedings. The main task of civil justice is emphasized, which is aimed at protecting the rights, freedoms or interests of natural persons, the rights and interests of legal entities, and the interests of the state. It is emphasized that the implemented court decision serves as the only indicator of the effectiveness of justice in the country, because if the court decision is not implemented, it means that the institute for the protection of the rights, freedoms and legitimate interests of individuals and legal entities does not work in the country. It is noted that the execution of court decisions has always been a significant problem for domestic justice, in particular, it is associated with long terms, excessively formal requirements, limitation of opportunities for the debt collector and the debtor to influence the enforcement proceedings, etc. It is noted that the institute of private executors, which has existed for only a few years, has already demonstrated its effectiveness, however, the percentage of execution of court decisions has decreased over the past six months, which is connected with military actions on our territory. Therefore, equalizing the mandates of private and state executors can be a possible step on the way to improving the execution of court decisions. It is concluded that ensuring the execution of the court decision is the duty of the state, the authority of the judiciary, trust in the court and faith in justice depend on its execution.

Newly discovered circumstances as a basis for review of a court decision in the civil process of Ukraine

It is noted that the newly discovered circumstances are perceived mostly as legal facts that existed at the time of the trial and were essential for its proper resolution, but were not and could not be known to the court or interested parties, violated the rights and legitimate interests of individuals or legal entities, and being identifi ed after the entry into force of a court decision, and are grounds for their review in criminal, civil and commercial cases. However, in contrast to the newly discovered circumstances, which arose or changed only after the court decision and are not related to the claim in this case, and therefore could not be taken into account by the court in the decision, are new circumstances and may be grounds for making a new claim. It was also noted that the newly discovered circumstances provided for in paragraph 1 of Part 2 of Art. 423 of the Code of civil procedure of Ukraine, as legal facts, should be distinguished from the circumstances that have already been the subject of evidence in the case. At the same time, as these are circumstances that may infl uence a court decision, they must also be proved by a person who refers to such circumstances as a basis for reviewing a court decision that has entered into force. In contrast to this circumstance, the newly discovered circumstances specifi ed in paragraph 2; 3 Part 2 Art. 423 of the Code of civil procedure of Ukraine, are established by a court decision, i.e. are those that do not require proof. The legislator has determined the following conditions under which the court decision may be reviewed in accordance with paragraph 2 of Part 2 of Art. 423 of the Code of civil procedure of Ukraine: 1) the fact of providing knowingly incorrect expert opinion, knowingly false testimony of a witness, knowingly incorrect translation, falsity of written, material or electronic evidence; 2) the specifi ed facts are established by the sentence or the decision on closing of criminal proceedings and release of the person from criminal liability which, in turn, came into legal force; 3) these facts led to the adoption of an illegal decision in the case under review. Paragraph 3 Part 2 of Art. 423 of the Code of civil procedure of Ukraine, the newly discovered circumstances include the revocation of a court decision, which became the basis for a court decision to be reviewed. The conditions necessary for the review of a court decision on this ground are: 1) the direct impact of the court decision on another case on the court decision to be reviewed; 2) revocation of such a court decision. It is important in this newly discovered circumstance that there must be a certain material and legal connection between court decisions, so the facts established in one case must be essential for another. Thus, the newly discovered circumstances were considered as a category of civil procedural law. The newly discovered circumstances, in the current version of the Code of civil procedure of Ukraine, can be defi ned as essential grounds for the case to review the court decision, which the party became aware of after the court decision came into force. At the same time, materiality, as a sign of newly discovered circumstances, should be perceived as their ability to signifi cantly infl uence the motivational and / or operative part of the court decision. Uncertainty at the time of the case, as a sign of newly discovered circumstances, should be defi ned as establishing the objective impossibility of taking such circumstances into account when making a court decision, which, in turn, indicates the diff erence between new evidence and newly discovered circumstances. In addition to the general features, a set of conditions for each of the newly discovered circumstances, identifi ed by the legislator as grounds for reviewing a court decision that has entered into force, was also considered. Key words: newly discovered circumstances, review of court decisions, civil process.

ПРОБЛЕМНІ ПИТАННЯ ПРИ ОЦІНЮВАННІ ДОКАЗІВ У ГОСПОДАРСЬКОМУ СУДОЧИНСТВІ

The article examines the impact of the evaluation of evidence from the standpoint of removing the concept of "sufficiency" and consolidating the concept of "probability" in the economic process in connection with changes in the Commercial Procedural Code of Ukraine under the Law of Ukraine of 20.09.2019 acts of Ukraine on stimulating investment activity in Ukraine". Indeed, this law was adopted to improve the business climate in Ukraine, encourage foreign investors and their investments, improve the quality of business regulation to increase business activity and increase Ukraine’s rating on ease of doing business. This law amended the fifth chapter "Evidence and proof" of the Commercial Procedure Code of Ukraine, where Art. 79 has the following meaning: «1. The existence of a circumstance to which the party refers as the basis of its claims or objections is considered proven if the evidence provided to confirm such a circumstance is more plausible than the evidence provided to refute it. The question of the reliability of evidence to establish the circumstances relevant to the case, the court decides in accordance with its internal convictions.". These amendments to the Commercial Procedure Code have affected the process of proving and evaluating evidence in commercial litigation, in connection with which a new standard of proof in commercial litigation has been enshrined in law. It should be emphasized that these changes regarding the replacement of the standard of proof complement the principles of commercial litigation, namely the principles of adversarial and dispositiveness, enshrined in Art. Art. 13, 14, 74 of the Commercial Procedure Code of Ukraine. The legislator has tried to prove that the introduction of changes, namely the category of "probability of evidence", will improve the efficiency of the commercial court in making decisions based on new approaches to the evaluation of evidence in the case to ensure fair, impartial and lawful resolution of disputes. quality protection of violated, unrecognized or disputed rights and legitimate interests of individuals and legal entities, the state.

The concept and content of administrative and legal support of public control

The purpose of this article is to define the concept and features of the administrative and legal support of public control.
 The author substantiates that in the context of the modern development of social relations, the issues of defining the concept and content of administrative and legal support of public control acquire an urgent importance and require detailed scientific research.
 The article examines theoretical and methodological approaches to understanding the concepts of “security”, “legal support” and “administrative and legal support”. Attention is focused on the fact that some of the scientists
 note the procedural aspect of understanding this concept. Another part of scientists notes the activity aspect, proposing to consider legal support as a specific activity, which is manifested in the continuous activities of legal entities, state bodies, public organizations, officials and citizens. The article argues that the most correct for understanding and disclosing the essence of “legal support” is precisely the activity approach, because this phenomenon is associated with the performance of a certain set of actions. Thus, in the context of the study, we can conclude that legal support is the activity of the state, state authorities and local self-government regulated by the norms of law, aimed at ensuring the rights, freedoms and legitimate interests of individuals, as well as their implementation.
 The article establishes that the presence of effective administrative and legal support for public control over the activities of local self-government bodies in Ukraine allows: 1) to clearly delineate the competence to perform certain actions in the field of public control; 2) find out the features of the functioning of public control; 3) identify conflicts of administrative and legal support of public control.
 It has been determined that the administrative and legal support of public control is the activity of subjects of state power, regulated by law, aimed at ensuring the functioning, ordering, development and protection of public relations in the field of activities of local self-government bodies through the commission of organizational, legal and administrative actions of a public nature in order to fulfill tasks and implementation of the goals of public control.
 The author has proved that the system of elements of the content of administrative and legal support of public control consists of two key groups, which include: 1) main elements: object, subject, administrative and legal relations; 2) additional elements: principles, means, methods, forms and methods.

To the Question of Interrelation between Judicial Acts, Judicial (Law Enforcement) Practice and Sources of Civil Law

The paper is devoted to the study of interrelation between the concepts of «judicial acts,» «judicial practice» and «sources of civil law.» The general theory of law and civil law do not contain any uniform approaches to the definition of the concepts under consideration. Therefore, the author analyses the named expressions, determines their general and specific features, and makes proposals for further improvement of civil legislation in this direction. From a general theoretical point of view, sources of law constitute external manifestations, forms of consolidation of laws and by-laws, various conditions and reasons for the emergence of existing forms of law. The concept of a source of law depends on understanding of the essence and content of the law itself. As far as is known, there are doctrines concerning natural and positive, objective and subjective law, public and private law, scientific concepts of the historical school of law, psychological school of law, etc.Domestic legislation does not provide for the institution of judicial precedent inherent in Anglo-Saxon law. Thus, legal stances of both the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation take a special place in the legal and judicial system, they are aimed at creating a unified judicial practice throughout the country, strengthening protection of rights and legitimate interests of individuals and legal entities. Judicial practice occupies an intermediate position between legal custom and law; it is formed at the discretion of a judge (judges) considering a particular case by passing a legal and fair judicial decision in writing in order to implement the current legal norm. Judicial discretion does not exclude a creative approach to the case under consideration, logical and systematic application of the law rules and unified judicial practice.

УДОСКОНАЛЕННЯ МЕХАНІЗМІВ ПУБЛІЧНОГО УПРАВЛІННЯ ЕКОНОМІКОЮ УКРАЇНИ В УМОВАХ ПАНДЕМІЇ COVID-19: ІНОЗЕМНИЙ ДОСВІД, УКРАЇНСЬКІ РЕАЛІЇ

Анотація. Предмет дослідження: складові механізмів публічного управління економікою України в умовах пандемії COVID-19. Мета дослідження: розвиток теоретичних основ і розроблення методичних рекомендацій щодо обґрунтування напрямів удосконалення механізмів публічного управління економікою в умовах пандемії COVID-19, а також формування теоретичної моделі їх використання в Україні на базі вивченого позитивного досвіду інших країн. Методологія дослідження: закони і принципи діалектичної логіки, положення економічної теорії, концепції видатних учених з проблем публічного управління та адміністрування. Використано методи системного аналізу при дослідженні сутності механізму публічного управління і його інструментарію, структурно-логічні методи — при обґрунтуваннi напрямів удосконалення наявних механізмів публічного управління. Методи аналітико-синтетичної обробки інформації та моделювання стали ключовими в побудові моделі адміністративно-правового забезпечення публічного управління Проаналізовано підходи різних науковців у галузі публічного управління щодо дефініцій «державне управління», «механізм державного управління», «публічне управління» та «механізм публічного управління». Установлено історичний зв’язок між державним управлінням і публічним управлінням, перехідною формою для якого виступало публічне адміністрування. Запропоновано структуру адміністративно-правового забезпечення публічного управління, що містить певні елементи. З’ясовано, що позитивним джерелом для формування вітчизняних моделей державного управління є досвід європейських країн, для яких питання модернізації державного управління, подолання глобальних соціально-економічних викликів і створення ефективної системи реагування є ключовими напрямками роботи. Відзначено, що у країні формується основа прогресивної трансформації системи публічного управління шляхом створення нових можливостей для формування потенціалу розвитку територіальних громад і територій, нових центрів концентрації ресурсів. Обґрунтовано структуру адміністративно-правового забезпечення публічного управління з урахуванням виокремлення об’єктів, суб’єктів, норм і форм, а також засобів захисту прав, свобод і законних інтересів приватних осіб у сфері публічного управління. Нині державні органи Україні з метою вдосконалення механізмів публічного управління економікою України у своїй діяльності повинна використовувати досвід Великобританії, а саме: активно використовувати «великі дані» для визначення ефективності державних витрат шляхом застосування практики онлайн-обстежень, зокрема на основі використання соціальних мереж. Ключові слова: публічне адміністрування, публічне управління, механізм публічного управління, децентралізація, територіальна громада, електронне урядування, економіка, Україна, COVID-19. Формул: 0; рис.: 4; табл.: 2; бібл.: 21.

Адміністративно-правове регулювання нотаріальної таємниці в Україні

The article is devoted to the issue of administrative and legal regulation of notarial secrecy in Ukraine. Analyzing the issues, we note that this issue becomes especially important in terms of legal reform of the country. The interests of man as a subject of society must be an important aspect of such a state. The main issue of building the rule of law should be the protection of the rights and legitimate interests of individuals and legal entities, which is the legal regulator of the state and level of development of civil society. Today in Ukraine there are many scientific discussions about the institute of notary, because in the current conditions of society, the profession of notary has taken a special place among the legal professions. Preservation of notarial secrecy strengthens public confidence in the notary and is one of the important rules of the notary, which ensures its authority, protection of notarial secrecy is a guarantee of notarial acts performed by notaries activities. Today, the legal system of Ukraine is in a state of comprehensive reform, which is due to the construction of a social, democratic, legal state. The world is undergoing constant changes of a legal nature, which also affect the domestic institution of notaries, and therefore some of its elements will always need to clarify the legal nature, nature and relationship with government and civil society. Every day, thousands of citizens and representatives of legal entities apply to notaries and officials entrusted with the performance of notarial acts on the basis of transaction certificates or other notarial acts. Since its inception, the notary is a unique institution of preventive justice, designed to ensure the clear realization of the rights and legitimate interests of participants in civil traffic in order to prevent the latter from appealing to the courts for protection. Carrying out notarial acts on behalf of the state, notaries are a key part of an effectively functioning legal system and an integral part of a democratic state governed by the rule of law.