National Legislation Of Ukraine Research Articles

The right of military personnel to defense in the context of the European integration Ukraine

The relevance of the article is because certain aspects of harmonisation of legislation of Ukraine and the European Union member states, which are NATO members, in particular, in terms of ensuring the rights of military personnel to defence within criminal proceedings, require their own separate scientific understanding in the current context.
 The article analyses the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces of their Armed Forces, and national legislation of Ukraine.
 The author notes that today in Ukraine there is no separate system of military justice and no specialisation of attorneys at the level of law in cases of this category has been introduced. Given that our country is currently facing a full-scale invasion, and the establishment of a military justice system following the example of certain NATO member states requires significant budgetary expenditures, it seems appropriate to introduce mandatory specialisation of lawyers providing legal assistance to military personnel in criminal proceedings.
 At the same time, NATO member states do not have a same vision of the need to introduce a separate system of military justice, but the existence of agreed standards of legal protection of our military personnel and military personnel of these countries is one of the integral elements of Ukraine’s membership in the North Atlantic Alliance.
 In connection with the above, there is already an urgent need to study and implement the above standards in national legislation, including, inter alia, the consolidation of provisions in the legislation on the specialisation of lawyers providing legal aid in criminal proceedings of this category.

Some aspects of legal regulation of the legal activities of journalists in modern conditions

The article reveals some of the legal principles of regulating the legal activity of a journalist in modern conditions of martial law. The activities and state of media freedom in Ukraine over the past 11 years have been analyzed. Emphasis is placed on the fact that in modern conditions of martial law, the index of freedom of the press in the state is growing.
 The authors focused attention on some features of the legal regulation of the legal grounds of journalists’ activities according to the norms of international law and the national legislation of Ukraine; determined the rights and obligations of journalists, guarantees of media activity, specifics of activities of foreign journalists, employees of foreign entities in the field of media working in Ukraine.
 Attention is focused on certain types of prohibitions regarding interference in the professional activities of journalists under conditions of peace and during a state of war or in places of armed conflicts. The statistics of criminal offenses against the legal activities of journalists and the media during the ten years of the war in Ukraine were analyzed.
 It is substantiated that legal liability, including criminal liability, has been established for encroachment on the journalist’s life and health, and other actions against him. The current criminal legislation and specific articles of the Criminal Code of Ukraine, which provide for criminal liability for such criminal offenses as obstructing the legitimate professional activity of journalists, threatening, or using violence against a journalist, intentional destruction or damage to a journalist’s property, encroachment on a journalist’s life, taking a journalist as a hostage, were analyzed. Statistical information on the number of registered criminal offenses of this category for the last three years is provided. A criminological description of criminal offenses against the legal activity of a journalist is given.
 It was concluded that criminal offenses committed against journalists represent a significant public danger, as they encroach on freedom of speech, national security of the state, and violate the foundations of activity in the information sphere.

The process of implementation of the EU acquis in the national legislation of Ukraine

The article summarizes the process of implementing the EU acquis into the national legislation of Ukraine, as well as the obligations undertaken within the framework of the Association Agreement. Thus, as part of the negotiation process, Ukraine's commitments are grouped into six clusters, which in turn contain 34 chapters. It was found that 80 state authorities assessed the approximation of Ukrainian legislation to EU legislation (self-screening) within six months. According to the results of the inspection, several EU acts do not require implementation into Ukrainian legislation, some acts are subject to further full or partial incorporation, and some of the acts have already been fully implemented into Ukrainian legislation. It was also analysed that the largest number of EU acquis acts, which Ukraine has already fully incorporated into its legislation, relate to the sections «Customs Union», «Statistics», «External Relations», «Food Safety, Veterinary and Phytosanitary Policy» and «Protection of Consumer Rights and Health Care». However, under such sections as «Transport Policy», «Food Safety, Veterinary and Phytosanitary Policy», «Freedom of Movement of Goods», «Freedom of Entrepreneurship and Provision of Services» there is still work to be done in terms of the implementation of EU norms in the internal legislation of Ukraine. In addition, the article also defines the state of implementation of the EU acquis in Ukraine. In addition, the activities of government bodies during 2023 in the process of implementing EU legislation were also analysed. It was found that Ukraine also fulfilled all seven recommendations of the European Commission, which it received during the granting of candidate status. It was also determined that Ukraine, on its way to European integration, continues to fulfill its obligations under the Association Agreement. During the period from 2015 to 2022, Ukraine fulfilled 72% of its obligations.

ОРГАНІЗАЦІЙНО-ПРАВОВИЙ МЕХАНІЗМ ЗАБЕЗПЕЧЕННЯ КІБЕРБЕЗПЕКИ СОЦІАЛЬНО-ЕКОНОМІЧНИХ СИСТЕМ В УМОВАХ ВИКЛИКІВ СУЧАСНОСТІ

Communication in cyberspace with the use of digital technologies reflects a global trend and more effective implementation of social relations in general, and in the business sector in particular. The use of digital technologies in business significantly accelerates the exchange of various information, which increases the efficiency of business processes, in particular through the use of digital marketing, online platforms for negotiations, transactions, etc. At the same time the digital world has another side, which conceals a number of threats to businesses and their owners. Digitalization is the formation of a sustainable communication system using digital technologies and cyberspace. Therefore the integration of physical and virtual environments creates preconditions for the emergence of threats, which are mostly concentrated in cyberspace. Ensuring the security of cyberspace in the face of today’s challenges is a highly relevant and at the same time complex issue that requires a comprehensive approach. The article outlines the construct of the organizational and legal mechanism which regulates the organization of the process of ensuring cybersecurity of socio-economic systems in the legal field and highlights the main theses which reflect the essence of its functioning. It has been noted that the purpose of the organizational and legal mechanism for ensuring cybersecurity is to organize the process of cyberspace protection through the use of the regulatory framework as a regulatory instrument and effective management of an economic entity’s resources. It has been suggested to base the formation of an effective organizational and legal mechanism on the idea of creating a global cyber security system as a guarantee of civilization development in the conditions of the latest technologies. It has been established that process of protecting cyberspace is carried out with the help of human and financial resources. Training of cybersecurity specialists is an extremely important component of the process of ensuring cybersecurity of socio-economic systems, since a high level of cyber specialist qualification increases the ability of society to withstand cyber threats. At the same time, ensuring the process of cyber specialists training and forming the necessary material and technical base for cyberspace protection require sufficient financial resources. In this context, the issue of state funding for strategic cyberspace defense programs is important. It has been suggested to carry out international cooperation within the framework of cyber defense which involves ratification of international treaties in the field of cybersecurity, implementation of certain (effective) international legal norms into the national legislation of Ukraine.

Legal regulation of the international transport sphere in the conditions of European integration

The article conducts a scientific and practical study of the organizational and legal issues of the integration of the transport system of Ukraine into both European and world transport systems with the aim of forming and further developing a single trans-European transport network.
 The international documents of the European Union and the national legislation of Ukraine in the international transport sphere were analyzed in order to identify problematic issues, search for effective organizational and legal mechanisms for their solution and priority forms of cooperation in this sphere.
 It was revealed that the main concepts, ways to achieve the goal and even specific actions regarding the creation of a modern transport network are outlined in the strategy of the European Commission "Transport - 2050: road map for the formation of the Single European transport space - on the way to a competitive and resource-efficient transport system” - " White book - 2011”.
 One of the main goals of cooperation in accordance with the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand, was specified, and its content was formed.
 It was emphasized that the situation with European integration in the international transport sphere remains difficult and this is a negative phenomenon and a joint responsibility of the Government and the Parliament regarding the obligations of Ukraine's implementation of mandatory and directly related regulations and directives of the European Union.
 The necessary steps for the implementation of the organizational and legal mechanism of European integration processes regarding the liberalization of international transportation and the development of the international transport sphere with the European Union and its member states are proposed, which can be the conclusion of bilateral agreements between Ukraine and the European Union on the simplification of the permit system between Ukraine and the member states of the European Union. of the Union for transit transportation by transport, making appropriate changes to already existing bilateral agreements regarding the conditions of transit transportation of goods between Ukraine and the member states of the European Union, in general, resolving issues regarding the obligations of implementing the Association Agreement between Ukraine, on the one hand, and the European Union , the European Atomic Energy Community and their member states, on the other hand, in the field of infrastructure, acceleration of the stages of reform in Ukraine within the framework of the implementation of the Association Agreement, in particular, the approval by the parliament of European integration bills in the field of transport infrastructure.

NATO DEFENSE STANDARDS: LEGAL NATURE AND IMPLEMENTATION IN NATIONAL LEGISLATION

An integration of Ukraine in the Euro-Atlantic defence system and achievement the compatibility of the Armed Forces of Ukraine with the relevant structures of the NATO member states comprise the implementation NATO military (administrative, operational and technical) standards into the national legislation. That is why understanding of legal meaning of NATO standards is so important for the determination of most effective ways of implementation of NATO standards and relevant procedures because it quite a large volume of technical prescriptions and rules that are complex and unusual for legal system of Ukraine. Military standardization and certification of weapons and military equipment in Ukraine according to NATO standards should take into account specific international law processes like adoption, ratification, implementation, change and cancellation of regulatory requirements. The purpose of the military standardization is to achieve, maintain and improve the interoperability of the Armed Forces of Ukraine with the armed forces of NATO and NATO member states on the base of interchangeability and uniformity of harmonized terminology in the field security and defense. In its legal nature the NATO standard is an international agreement that regulates and defines common rules in the field of defense joint procedures and establishes the unification of technical processes, weapons and military techniques. Therefore, the concept of “NATO standard” should consider precisely in the extended meaning, not in y narrow understanding, as it defined be Ukrainian legislation. National legislation provides definition of NATO standard as document that developed, adopted and published Organization of the North Atlantic Treaty. Such definition too narrowly reflects the complex nature of that international legal phenomenon and our country faces the necessity to review normative definition of multilevel system of NATO standardization. Solving the problem of interoperability of the security and defense sector of Ukraine with NATO is required through the creation of common conceptual and categorical conditions of standardization. Application of direct translation of the text of the standards NATO is not always correctly reflects content of the standard through essential difference in interpretation terms adopted in Ukraine from one side, and in NATO states on the other. The purpose of the article is to analyses the legal nature NATO standard and its impact on processes of adoption national military standards and to propose effective ways of implementation of the norms of international law in the sphere of defense and security into national legislation of Ukraine. General scientific and special methods of research were applied, in particular methods of system analysis and synthesis, comparative legal method, etc. Thorough analysis of organizational and legal standardization mechanism of NATO was done; it is determined that the system is military standardization in Ukraine should take into account the substance of international legal processes such as adoption, ratification, implementation, change and cancellation of NATO regulatory documents. It is established that new extended meaning regulatory and legal concept of NATO standard should be included in the national legislation. The need to develop a common Ukraine – NATO glossary was proposed. That glossary should contain an agreed terminological base in the field of security and defense, which would greatly simplify the activities of personnel not only in the sphere of military standardization, but also during the performance of their functional tasks.

Foreign state immunity in the context of Russia’s full-scale aggression against Ukraine

The article aimed to find ways to restrict Russia’s right to State immunity legitimately. However, the study of international legal acts and national legislation of Ukraine using the methods of systematic analysis and formal legal and comparative legal methods proved the difficulty in solving this task. Thus, in Russia’s aggression against Ukraine, the latter is not obliged to comply with the doctrine of State immunity to Russia. This is due to economic and social expediency, the principle of mirroring international relations, and the inevitability of punishment for war crimes against another State and for violating international criminal law. Therefore, the article proposes legitimate restriction of Russia’s State immunity for Ukraine and third countries. For Ukraine, the solution to this problem lies in the legislative consolidation of a direct exception to the doctrine of State immunity to any aggressor state, including Russia. For any third country, the solution to this problem is either changing national legislation or concluding bilateral agreements with Ukraine. This will allow for recovery of damages at the expense of property in third countries and owned by Russia itself, its authorities and officials, or legal entities and individuals recognised as involved in the war against Ukraine.

Criminal Law aspects of the institutions of restriction of liberty and probation: compliance with the leading European Law enforcement standards

The article examines the conceptual foundations of interpretation and implementation of probation supervision measures in the general system of criminal punishment in Ukraine, and proves the need to regulate the mechanism of probation supervision at the legislative level as an alternative to restriction of liberty.The author establishes that the problem of creating an effective system of punishment for criminal offenses in Ukraine remains one of the most relevant and important topics of modern legal science. The current criminogenic situation in Ukraine, despite its minor positive trends, remains particularly dangerous for the civilized part of Ukrainian society, and thus negatively affects the internal security of our State. The author determines that it is possible to improve the process of execution of sentences through the introduction of a new type of punishment - probationary supervision.In most countries of the world, the prerequisite for the use of probation supervision was the introduction of restriction of liberty. As a new type of punishment in the post-Soviet space, it first appeared in the Model Criminal Code of the Commonwealth of Independent States. Under the national legislation of Ukraine, restraint of liberty has appeared in the Criminal Code of Ukraine of April 05, 2001. Punishment in the form of restraint of will consists in keeping a person in open-type penal institutions without isolation from society under conditions of supervision with the mandatory involvement of the convict in labor. The term of restriction of freedom is usually one to five years. In the course of the article, it was determined that restraint of liberty is an economically unprofitable type of punishment, because in Ukraine it has equated with deprivation of liberty. In addition, today, many academics and politicians criticize the restriction of free will because it does not help to correct the behavior of criminals. The author of the article determined that probation supervision is the convict’s duty to appear before a special state authority to report a change of residence. The convict must come to the institution at least once every three months.

Idle shot or upward shot: necessity or possibility in official and combat activities of police officers (theoretical aspect)

In the conditions of martial law, the use of coercive measures by the police on the territory of Ukraine, and especially firearms, should focus on achieving the goal and averting the danger created during contact with offenders. The system of levers guaranteeing the safety of police officers at the legislative level requires special attention, because this is one of the requirements of Art. 29 of the Law of Ukraine "On the National Police" of 2015. According to the requirements of the same article, such measures must also be necessary, proportionate and effective.
 Modern Ukraine is faced with complex tasks to ensure public safety and order. Today, the protection of our state is the priority area of activity of all law enforcement agencies. Professional orientation involves understanding and internal perception of the goals and tasks of professional activity. The changes taking place in the content of the professional orientation are reflected in the fact that they strengthen the motives related to professional activity, call for the desire to conscientiously perform one's official duties, the desire to show oneself as a qualified specialist and achieve success in work, increasing the sense of responsibility.
 The national legislation of Ukraine is in the stage of reformation and undergoes changes every day, taking into account certain precedents that law enforcement officers face in their daily official and combat activities.
 In this article, attention is focused on the analysis of an important aspect of the service-combat activity of police officers - a blank shot or a shot upwards. The topic is studied from a theoretical point of view in order to reveal its necessity and possibilities in the work of police officers.
 The article examines the concepts of blank shot and upward shot, analyzes their theoretical foundations and practical significance in the context of police work. Focusing on the safety and strategic use of firearms, the paper explores the positives and negatives of firing blanks and firing upwards.
 The paper analyzes the possibilities of a blank shot or an upward shot in the work of police officers. Analyzing such factors as the impact on the psychological state of criminals, intimidation, preventive measures and the effectiveness of crime prevention strategies, the authors made conclusions about the need to use a blank shot or a shot upwards as a means of ensuring public safety and the effectiveness of police intervention.

LEGAL REGULATION OF THE MECHANISM OF APPLYING BLOCKCHAIN TECHNOLOGY IN THE MODERN CONDITIONS OF DIGITALIZATION OF THE ECONOMY OF UKRAINE

The purpose of the article is to study the theoretical foundations and practical aspects of legal regulation of the mechanism of applying blockchain technology in the modern conditions of digitalization of the economy of Ukraine. The results of the conducted research give reasons to state that the legal regulation of the mechanism of applying blockchain technology in the modern conditions of digitalization of the economy of Ukraine is too weak and needs to be revised and improved. The article defines the essence of blockchain technology, which is understood as a decentralized database formed by participants and provides conditions for preventing actions related to the falsification of data due to their chronological recording and public confirmation by all participants of the transaction network. On the basis of a detailed study of the outlined issues, significant problematic aspects of the use of blockchain technology at the global, national and regional levels have been identified, the most acute of which at the current stage is the imperfection of the legal mechanism of applying blockchain technology in the modern conditions of digitalization of the economy. The results of empirical studies have proved the dependence of the development of blockchain technology on the level of development of the country and the state of the digitalization process of the national economy. It has been established that the highest share of the use of blockchain technologies in today's conditions is observed in the USA (40%) and Great Britain (17%). In order to solve problematic issues, the main areas of improving the legal regulation of the mechanism of applying blockchain technology in Ukraine are proposed, among which the need for the development and adoption of the Law of Ukraine "On Virtual Assets" is justified, as well as the need for the implementation of international and European law in the field of digitalization and regulation of the development of digital technologies in the national legislation of Ukraine.

Ways of implementation of international electoral standards in the national legislation of Ukraine

The article is devoted to the study of the problems of implementation and ways of implementation of international electoral standards in the national electoral legislation of Ukraine. The work provides a critical review of scientific approaches of domestic and foreign scholars to understanding the legal nature of the implementation of international acts. The author concludes that the implementation of international acts is a state-building/law-making process of individual countries, which includes the recognition by the state of international legal norms and their implementation in national legislation and in practice with a view to comprehensive, timely and full implementation of the obligations assumed by the state under international law.
 The article analyzes the existing positions of legal scholars on the ways of implementing international legal standards in legal science and, on this basis, identifies and characterizes the ways of implementing international electoral standards in the national legislation of Ukraine. The main such ways are, firstly, reception, when there is a textual repetition of the content of the act/norm adopted by the international community in the national legislation of the respective state without their changes. That is, it is the actual repetition of the content of international law by the relevant acts of national law. Secondly, transformation, which is a method of implementation associated with the revision of the text of an international legal act in accordance with the principles of the national legal system and the adoption of domestic law on this basis. This makes it possible to implement the norms of international law with their maximum compliance with the domestic principles of rule-making technique. Its separate form is a reference, when a norm is created that refers to international acts, traditions of international law. Thanks to this form, the State authorizes the direct application of international law in domestic legal relations. It is determined that these ways of implementing international electoral standards in the national electoral legislation were especially evident in the adoption of the Electoral Code of Ukraine.

SALE OF FALSIFIED MEDICINES VIA THE INTERNET IN UKRAINE: PROBLEMS OF DETECTION AND COUNTERACTION.

The aim: The purpose of the article is to identify and analyze problematic theoretical and practical aspects related to the sale of counterfeit medicines via the Internet and measures to counteract the spread of their counterfeit products, as well as to search for evidence-based ways to improve the regulatory and legal mechanism that regulates the activities of the pharmaceutical business in Ukraine. Materials and methods: The research based by the analysis of international acts, conventions and national legislation of Ukraine in the sphere of trade medi¬cines via the Internet, scientific achievements in this area. Methodologically, this work is based on the system of methods, scientific approaches, techniques and principles with the help of which the realization of the research aim is carried out. There have been applied universal, general scientific and special legal methods. Conclusions: Analyzed the legal regulation of online sales of medicines. Made the conclusion about necessity implementation of projects to create forensic records which have shown their effectiveness in the fight against counterfeit medicines in European countries.

IMPLEMENTATION OF INTERNATIONAL LEGAL STANDARDS OF HUMAN RIGHTS AND FREEDOMS IN THE NATIONAL LEGISLATION OF UKRAINE

The article is devoted to the essence of international legal standards of human rights, their implementation in national legislation. The relevance of this research at the current stage of the development of our state is substantiated, which consists, first, in a clearly formed foreign policy course for joining the EU and NATO, and, second, in the need to face new challenges of building a democratic legal state in the conditions of a full-scale war and a direct threat state sovereignty and state integrity of the country. In the course of the study, it was substantiated that today in independent Ukraine, the problem of real provision of human and citizen rights and freedoms is of particular importance, which is closely related both to the insufficient level of observance of the rights and freedoms enshrined in the Constitution by the state, and to the insufficient level of their protection from offenses. The analysis of the systematic study shows that the dynamics of the adaptation of the legislation of Ukraine to the legislation of the European Union highlighted the importance of the function of determining the influence of the Constitution's norms on social relations in the conditions of the European and Euro-Atlantic integration of Ukraine, determined the meaning of the concept of "constitutional regulation", which is an indicator of the importance of adopting and amending the Constitution of Ukraine in modern crisis realities. Particular attention is paid to the issues of the historical evolution of the constitutional regulation of human rights and freedoms in Ukraine, a comparative analysis of the constitutional regulation of rights and freedoms in Ukraine at different stages is carried out, the positive aspects of the current state of constitutional rights and freedoms in Ukraine are determined, especially in the context of establishing new types of rights, such as environmental and informational rights. It has been proven that the theory of recognition of human dignity, which is an integrative property of human nature, is spreading in our country, and the problem of implementing international legal standards into the national legislation of Ukraine still requires the consolidated activity of all state authorities and local self-government bodies.

INTERNATIONAL LEGAL FIGHT AGAINST THE ILLEGAL CIRCULATION OF CULTURAL HERITAGE OBJECTS IN THE CONDITIONS OF ECONOMIC INTEGRATION

The subject of the study is the conceptual, theoretical, empirical, methodological and applied foundations of the international legal fight against the illegal circulation of cultural heritage objects in the conditions of economic integration. Methodology. General scientific and special legal methods were used in the research process. Quantitative and qualitative characteristics of illegal circulation of cultural heritage objects in conditions of economic integration as a social phenomenon were determined with the help of the analysis. The synthesis provided the formation of common features of negative and positive factors that hinder and facilitate the illegal circulation of cultural heritage objects. The comparative legal method allowed to identify the common and distinctive features of the international agreements in this area, as well as with regard to the implementation of their provisions in the national legislation of Ukraine and the Republic of Azerbaijan. The formal-legal method created the conditions for formulating conclusions on the effectiveness of measures defined by international and national legislation in combating the illegal circulation of cultural heritage objects. The purpose of the article is to identify the characteristics of the international legal fight against the illegal circulation of cultural heritage objects in the conditions of economic integration. The results of the study showed that the international legal fight against the illegal circulation of cultural heritage objects is reflected within the universal international legal, regional international legal and national levels, which are mediated by the legislation of general, special and national legal regimes. Conclusion. Characteristic signs of the deformation of the legal market for the circulation of cultural values have been revealed, taking into account the socio-political and economic conditions of the country in which it exists, the culture of the relevant people, and the level of regulatory and legal support that determines the rules for the civilized circulation of such objects. It has been established that the characteristic conditions under which the illegal circulation of cultural heritage objects takes place as a social phenomenon in today's conditions are: 1) interpenetration of the cultures of existing peoples within the framework of economic, political, legal and other spheres of society; 2) establishment of various forms and methods of exchange of similar goods in social life; 3) occupation of a corresponding niche by such objects in the spiritual, legal, social and economic content of such relations; 4) creation of conditions for access to such objects not only by representatives of the countries of origin, but also by other representatives of the world community, in particular through the means of the global Internet network; 5) as a result of the increase in value of such objects due to demand in society, especially due to illegal procedures; 6) in connection with the radicalization of social relations within certain countries or geopolitical formations, creation of conditions for illegal export of such objects from countries where armed conflicts are spreading. In terms of economic integration, the first level is significant, which is mediated by normative prescriptions of international legislation within the framework of the UNESCO Convention 1970 та UNIDROIT Convention 1995, the first of which has a more declarative and generalized nature on issues of normalization of rules of circulation of cultural heritage, and the second ensures the creation of legal structures for the return of illegally transferred cultural values in circulation using private law means. It is established that the instruments of the UNESCO Convention of 1954 with its attached protocols UNESCO Convention of 1954 with its attached protocols UNESCO 1954 Protocol to the Convention та UNESCO 1999 Second Protocol to the Convention make it impossible for criminal groups to finance their activities precisely at the expense of the sale of objects of cultural heritage, mediate the introduction of the category of crime under such circumstances as acts in the form of denial of the right to culture and consideration of the latter as a method of waging war. The cultural value approach of the given regulations is supported. The ways of implementation of the international standards of the fight against the illegal circulation of cultural heritage objects in the national legislation of Ukraine and the Republic of Azerbaijan are analyzed.

Freedom of expressıon ın the context of regulatory provısıons and case law used by the European Court of Human Rıghts

The article examines the features ensuring the right to freedom of expression and opinion under national law. The importance of these freedoms is emphasized in view of their enshrinement in international regulatory documents. It was mentioned that the importance of the right to freedom of expression is also emphasized by the fact that these rights are enshrined in legal documents of international level. The author gave attention to such international documents as the International Covenant on Civil and Political Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the Universal Declaration of Human Rights. The author made a detailed analysis of the Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. It was noted that Article 10 of the Convention can be structured into two parts. The author stated that the first part is the right to freedom and expression of views, the second is a comprehensive list of legal limitations of the investigated law. The concept of right to freedom to follow ones views, to receive information and to impart information were defined in details. Attention was paid to how the right to freedom of expression is enshrined in the national legislation of Ukraine, espessially in the Constitution of Ukraine, the Law of Ukraine “On Information” and the Law of Ukraine “On Printed Mass Media (Press) in Ukraine”. Several landmark decsssons of the European Court of Human Rights were given, for instanse, Nagla versus Latvia and Sunday Times versus United Kingdom (no. 1). Eventually, the author concluded that it is important to establish certain guarantees of the right to freedom of opinion and expression that is, the consolidation of certain conditions

HISTORICAL ASPECT OF THE ESTABLISHMENT AND DEVELOPMENT OF LOCAL GOVERNMENT MODELS ON THE EXAMPLE OF GERMANY AND SWITZERLAND

Entry. The article is devoted to the historical aspect of the formation and development of local self-government models in countries such as Germany and Switzerland. Local self-government in these countries has its own characteristics and principles of implementation, which are determined by the form of territorial organization, but can be applied to the construction of social relations in Ukraine. For Ukraine, as a state that is characterized by European legal standards for building local self-government, the experience of European states in this direction is interesting. Short list of main results.The article highlights the constitutional and legal foundations of the formation and development of local self-government models in Germany and Switzerland. The municipal system of these states is based on European standards of local self-government - decentralization, subsidiarity, autonomy of local self-government. The national legislation of Ukraine is also characterized by the consolidation of European standards. Conclusions. Local self-government in Germany and Switzerland covers almost all aspects of the democratic organization of local life, makes it possible to rationally decentralize state power, transfer decision-making on all issues of local life to territorial communities, thereby stimulating citizen activity and ensuring their real involvement in such decisions. The positive experience of European states in involving citizens to participate in issues of local importance will contribute to the creation of an effective model of local self-government in Ukraine.

Reforming Criminal Responsibility for Illegal Trafficking in Human Anatomical Materials in the Context of the European Integration of Ukraine

Transplant tourism is a negative consequence of the globalization of society. Trafficking in human organs has reached all countries and threatens their security. This international problem requires a response from states, their legislative institutions and international organizations. The purpose of this article is a comprehensive study and systematization of the norms of international law and national legislation, which determine the legal regime of the circulation of human anatomical materials, as well as the identification of shortcomings in the criminal-legal protection of the field of transplantology in Ukraine and the search for ways to improve domestic criminal legislation in the context of the European integration of our country. Various research methods were used to achieve this goal. In particular, the elements and features of the composition of criminal offenses of the current legislation and the relevant novels were analysed using the dialectical method of cognition. Thanks to the use of the historical method, a number of international legal acts have been established that prohibit the trade in human organs. The dogmatic method made it possible to reveal the actual content of legal norms that regulate the circulation of human anatomical materials. The system-structural method was used during the study of normative legal acts of a universal, regional and national nature. Using the comparative legal method, norms of international law and national legislation of Ukraine in the field of transplantology were compared. The paper proves that the most important international legal standard dedicated to the fight against the illegal circulation of human anatomical materials is the Council of Europe Convention against Trafficking in Organs, which provides for criminal law prohibitions that must be implemented by the participating states in their national legislation. All conventional prohibitions are combined into four related groups and compared with criminal offenses provided for by the Criminal Code of Ukraine. Novels of the draft criminal law, which provide for responsibility for illegal transplantation, trafficking in human organs and other illegal circulation of human anatomical materials, were also studied. A comprehensive analysis of the legal regime in the field of transplantology gave grounds for the conclusion of the need to ratify the Council of Europe Convention against trafficking in human organs on the way to the European integration of Ukraine. The research also established that some conventional prohibitions in the field of transplantology are at the same time types of corruption offenses, which are provided for in the current Criminal Code. This indicates the further need for a detailed analysis of such norms, establishing their features, interrelationship and correlation with the relevant provisions of the legislation of Ukraine.

On some theoretical aspects of the activities of local self-government bodies in ensuring the safety of the population

The article examines the theoretical aspects of the activities of local self-government bodies, which characterize the features and conditions for the practical implementation of forms, functions, methods, and other means and methods by which the processes of ensuring the safety of the population are managed. Priority tasks and measures to ensure security related to the activities of local executive bodies were analyzed.
 It was noted that the performance of functions related to ensuring the safety of the population by local executive bodies is influenced by the forms of their activity, which are fixed in normative legal acts. This is due to the diverse content of the executive branch's activities. The forms of activity of the executive power bodies, according to their purpose, have an organizational, authoritative, official legal consolidation in the relevant normative legal acts, which establish the competence of a specific executive power body. The national legislation of Ukraine, which regulates social relations in the sphere of public security by executive power bodies at the national and local levels, is analyzed.
 The conclusions suggest a number of approaches aimed at improving the activities of local self-government bodies to ensure public safety. In particular, an important element of the activity of local executive bodies in the sphere of ensuring public safety is its normative legal regulation, the purpose of which should cover a wide «safe space» of relations to which the powers of executive bodies extend. In addition, linguistic and legal approaches in explaining the meaning of terms that characterize the activities of local executive bodies in the field of public safety have a positive effect on the practical implementation of measures aimed at ensuring public safety. It is noted that the administrative-jurisdictional activity of the executive authorities has a fairly broad entrenchment in the administrative legislation of Ukraine, but it remains «soviet» in content, which is an obstacle to legal influence on the regulation of relations in the security sphere, which by its political, social, economic, ideological content has a different content.

The right of a person to the secret of correspondence: issues of public law and private law terminology

The article addresses the problems of public law and private law terminology in the field of secret correspondence. There are any differences and conflicts in the application of terms in international legal acts and in the national legislation of Ukraine were revealed. It was found out that the constitutional right of a person to the secrecy of correspondence, phone conversations and correspondence is the only right, which should be called the right to secrecy of correspondence. In the field of public law, a person's right to secrecy of correspondence is protected by establishing prohibitions, forms and measures of responsibility for their violation. In the field of private law, protection of the right to secrecy of correspondence is carried out by defining the positive content of this right and granting a person specific powers to implement it.
 According to the norms of constitutional and criminal legislations, the object of the right to secrecy is the exchange of letters, telephone conversations and correspondence, while in the norms of civil legislation such an object is "correspondence", which covers all types and means of communication used by a person, including telephone conversations, any exchange of letters, etc.
 In the texts of regulatory legal acts, the terms "private life" and "personal life" are used as identical. At the same time, the norms of criminal procedural law establish the «right to communication», which is not found in the norms of civil legislation, nor in the doctrine of private law, where the "right to privacy" is widely used. According to international law, secrecy of correspondence is an element of the right to privacy, but this idea is not embodied in the provisions of the legislation of Ukraine, where the right to secrecy of correspondence is protected as an independent right of a person. The right of a person to secrecy of correspondence in its content is related to the concept of a person's private life and is undoubtedly an element of his private life. Therefore, regardless of the content of the correspondence, the privacy of each person's correspondence must be protected to the same extent as the right to respect for private life is protected.

HATE CRIMES: INTERNATIONAL, REGIONAL, ECONOMIC, AND NATIONAL ASPECTS

The subject of this study is the scientific and practical problems of defining the definition of "hate crime" in international, regional and domestic legal systems. General scientific, interdisciplinary and special scientific methods were used in the process of research. Thus, logical and systematic methods allowed us to select and analyze the information on the topic of research. Specific sociological method allowed to determine the social determinants of the existence of this type of crime. The formal-legal method allowed us to trace the level of institutionalization of hate crimes and formulate definitions of legal concepts and categories. The comparative legal method allowed for a comparison of international, regional and national legislation on combating intolerance and combating hate crimes. The purpose of this article is to identify the key areas for the formation of an active legal policy aimed at increasing the capacity to combat hate crimes. Analysis of experience in combating intolerance and discrimination and the development of proposals for improving domestic legislation. The main stages of the formation, development and legalization of hate crimes are highlighted. Such crimes in the modern world are considered to be the most dangerous type of criminal acts. Factors associated with the acquisition of the character of hate crime as an acute social problem since the second half of the 20th century are named. The main recommendations of modern human rights institutions regarding the fight against these crimes are considered. The most important guarantees of prevention of any human discrimination in the future, which are reflected in the international agreements on human rights and enshrined in the constitutions of modern states, are analyzed. The practice of the European Court of Human Rights in this direction is considered. The legal regulation of hate crimes in the national legislation of Ukraine is analyzed. It is emphasized that the main directions of implementation of domestic legal policy in the field of combating discrimination are carried out in accordance with the provisions of the Constitution of Ukraine, sectoral legislation and international obligations of Ukraine. Statistical data characterizing the level of hate crimes in the national legal system is presented. The characteristics of hate crimes are studied. It is emphasized that the motive itself is of key importance in establishing the corpus delicti and the correct qualification of hate crimes. It was concluded that the list of aggravating circumstances for hate crimes should be clearly defined at the national legislative level, which would avoid ambiguous interpretations of the wording contained in the articles of the Criminal Code of Ukraine providing for punishment for crimes committed on the grounds of intolerance. It was stressed that an effective response to hate crimes is necessary in order to prevent such crimes from becoming a serious public threat. In the opinion of the authors, such a problem can be solved through legal education of Ukrainian society and the formation of a culture of tolerant and respectful attitudes toward all people. It is the duty of a modern state to ensure the adoption of appropriate national legislation, the collection of statistical data, and the thorough investigation and prosecution of hate crimes.