Public Principles Research Articles

A Content Analysis Revealing MPA Students’ Unquestioning Followership as their Ethical Stance and the Implications for Ethical Competence

This articled reported the findings from a content analysis of two iterations of 131 Master of Public Administration (MPA) students’ essays wherein they described their ethical stance for a standalone ethics course at a northeastern university. The analysis of the first iteration revealed that 35 of the students exhibited one or more of three follower archetypes; conformist, moralist, and/or relativist. A comparative analysis with the second iteration, revealed that 16 of these students never identified the deficiencies of their unquestioning followership perspective despite the interventions of the course. The findings suggested that prevailing definitions of ethical competence ought to explicitly include one’s intentions to (a) evaluate all conduct in terms of consequences, (b) judge the virtuousness of the conduct based upon public service principles separate from organizational influence, (c) act virtuously, and (d) take full personal responsibility for all outcomes. The findings also suggested that inculcating ethical competence might be better achieved by creating cognitive dissonance with cases that demonstrate the deleterious effects of unquestioning followership. Areas for future research to understand how intent is shaped and evidenced in practice were identified.

Kant Felsefesinde Hukuk, Kamusallık ve Yurttaşlık

Kant’ın hukuk teorisinin, onun eserleri arasında, özellikle de üç Kritik’e kıyasla, daha az ilgi gören bir alan olduğunu söylemek yanlış olmaz. Oysa Ahlak Metafiziği’nin ilk bölümü tümüyle bu alana ayrılmıştır. “Hukuk Öğretisi” başlığını taşıyan ve hukuku ahlak yasası zemininde pratik aklın a priori ilkelerinin iki alanından biri (diğeri “Erdem Öğretisi”dir) olarak tesis eden bu bölüm, kendi başına ele alındığında, hukukun Kant felsefesindeki ayrıcalıklı yerini fark etmemiz için yeterli olmayabilir. Ancak bu öğretiyi ve aslında ona bir giriş niteliğinde olan “Teori ve Pratik” diye anılan yazıyı siyaset, tarih ve hukuku konu alan diğer kısa yazılarla, özellikle de bu yazılara damgasını vuran refleksif yargılarla ilişkilendirerek okuduğumuzda, hukukun, insanın akıl sahibi ve ahlak yasasına tabi bir varlık olarak kendini, yani özgür varoluşunu gerçekleştirmesi için ne denli vazgeçilmez bir alan açtığını fark ederiz. Bu çalışma böyle bir okumaya dayanarak Kant’ta hukuk öğretisinin, bu öğretide ortaya konan kamusallık ilkesi ve yurttaşlık anlayışının, ahlak felsefesi ve özgürlük problemi açısından merkezi bir öneme sahip olduğunu göstermeyi amaçlamaktadır.

Співвідношення засад гласності та фіксування судового провадження

The article is devoted to the study of problematic issues of correlation and legislative regulation of such principles of criminal proceedings as publicity and recording of court proceedings, which, in particular, are determined by the constitutional principles of judicial proceedings. The ratio of full recording of court proceedings by technical means (official recording by the court) and recording of court proceedings by other persons on the basis of publicity is analyzed. The article formulates a scientific result in the form of a conclusion that the recording of court proceedings is an independent principle of criminal proceedings and the main principle of justice, promotes legal and fair trial, acts as a safeguard against procedural violations in closed court proceedings, where the principle of publicity is limited to on legal grounds, guarantees the observance of the fundamental rights and legitimate interests of the participants in the criminal proceedings during the court proceedings. Arguments are made in favor of the fact that the recording of court proceedings, as an independent principle of criminal proceedings, plays an important role in ensuring a fair procedure at the stage of court proceedings. The article draws attention to the need for procedural regulation of the procedure for recording court proceedings, which, in turn, should ensure a high level, respect for the rights, freedoms and legitimate interests of participants in criminal proceedings, and the possibility of restoring these rights in case of violation.

Načela izvršnog postupka u Republici Srpskoj

This paper presents an analysis of the basic principles on the law on enforcement procedure in the Republic of Srpska. In this context, the paper contains the following principles: principle constitutionality and legality, principle of disposition and official proceeding, principle of urgency and efficiency, right to be heard, principle of protection of the debtor, principle of formal legality, principle of time priority, principle of availability of data of the property of the debtor, principle of written form, principle of orality, principle of immediacy, principle of publicity. The aim of the paper is to show through the basic principles that there are significant differences in the range of solutions in relation to the previous legislation.

КОНЦЕПТ ПРИНЦИПІВ ЦИВІЛЬНОГО ПРОЦЕСУАЛЬНОГО ПРАВА, ЩО ЗАСТОСОВУЮТЬСЯ У СТАДІЇ ПЕРЕГЛЯДУ СУДОВИХ РІШЕНЬ В АПЕЛЯЦІЙНОМУ ПОРЯДКУ, СФОРМОВАНИХ ПІД ВПЛИВОМ ЄВРОПЕЙСЬКОЇ КОНВЕНЦІЇ ІЗ ПРАВ ЛЮДИНИ І ОСНОВОПОЛОЖНИХ СВОБОД

У статті здійснене системне дослідження принципів, що забезпечують ефективний апеляційний перегляд справи, як один із засобів захисту цивільних прав, свобод та інтересів у цивільному судочинстві, узагальнення історичних та теоретичних напрацювань і концептуальних положень принципів цивільного процесуального права, а також аналіз реалізації принципів під час апеляційного оскарження судових рішень у цивільному процесі України. Адже порушення принципів цивільного процесуального права спричиняє ухвалення незаконного та необгрунтованого судового рішення, що в подальшому підлягає скасуванню. Саме тому здійснення судочинства на засадах верховенства права є гарантією дотримання законності та правопорядку в державі. У зв'язку із цим охарактеризовано основні принципи, що реалізуються в апеляційному провадженні, найважливішим з яких є принцип верховенства права. Євроінтеграціні процеси, що відбуваються в нашій державі, змінили підхід до розуміння концепції верховенства права. Так, верховенство права охоплює такі принципи, як: законність, правова визначеність, остаточність судового процесу (res judicata). Окрім принципу верховенства права, в роботі приділено увагу й таким міжгалузевим принципам, як принцип територіальності, спеціалізації та принцип інстан-ційності. Поряд із вищезазначеними принципами також досліджено інші принципи, що реалізуються в апеляційному провадженні, а саме принципи змагальності та диспозитивності, гарантією реалізації яких є забезпечення оптимального балансу прав і обов'язків учасників справи і суду у змагальному процесі не тільки в суді першої інстанції, але й у стадії апеляційного провадження. Розглянуто також принцип гласності та відкритості судового процесу, відповідно до якого розгляд справ у судах апеляційної інстанції проводиться усно і відкрито та здійснюється державною мовою. Належної уваги також приділено дослідженню принципу пропорційності, який є новим у цивільному процесуальному законодавстві України.

Понятие и виды социальных услуг

It has been established that, for many years, special legal entities of state and municipal forms of ownership were created as characteristic of the social protection of citizens. In the modern period of development of organizations, the designated relations are associated with the transfer of state functions to legal entities, regardless of their form of ownership and to individuals. This tendency manifests itself in the creation of a system within which small and medium-sized businesses are also involved in the provision of social services. The article presents an analysis of social services from the standpoint of the systemic construction of relations. It is proposed to understand the social service system as the elements resulting in the provision of social services, these relations are regulated by public and private norms. It is concluded that such services are provided by a special subject composition of organizations and individual entrepreneurs, as well as by state-authorized bodies that coordinate these relations, decide to classify citizens as needy. A comparative analysis of the legislative concept “social service system” and its differences from the “system of social services” is offered. Through the analysis of the convergence of private and public principles, the tendency of convergence of the norms of social security and civil law is revealed. It is proposed to consider the types of social services through the features of social services as a special type of service. A comparison of social service legislation and provisions on social entrepreneurship is given. Identifying trends in the development of law, the author concluded that the legislator, by transferring part of the authority to provide social services to subjects of social entrepreneurship, determines the area of responsibility of each subject of relations, develops a mechanism for providing services through a competitive basis of providers of social services. Social services can be provided by any entity, including non-profit organizations. Social services can be provided by any entity, including non-profit organizations.

Održivost budžetskih načela i procedura

The topicality of the topic, something that has been given importance in recent years and its presence in everyday communication has stimulated its analysis. The paper will present an analysis of the sustainability of budget principles and budget procedures, using data analysis methods, by presenting and describing in detail all budget principles (principle of budget unity, completeness, accuracy, budget balance, specialization, duration, clarity and publicity) as and the procedures (budgeting, budgeting, execution and control of the budget) that the budget goes through.

Krivičnoprocesna načela u funkciji saslušanja okrivljenog kao dokazne radnje

Although there is no uniform definition of procedural principles in criminal procedure theory, they can be defined as legal rules or guidelines on which the criminal proceedings are based. As such, the principles of criminal procedure law apply to procedural entities and procedural actions. Evidentiary actions, as a type of procedural action, clarify the criminal case that is the subject of the criminal proceedings. The Criminal Procedure Code stipulates several evidentiary actions, one of which is the preliminary hearing of the defendant. The defendant hearing, in which the defendant gives their testimony, is given a great deal of attention because it represents one of the most important pieces of evidence, and the course of evidence presentation is the most significant and crucial issue of the criminal proceedings. Therefore, the paper will present a review of the criminal procedure principles related to this evidentiary action, starting from the principle of legality as the main principle, followed by the principles of orality, publicity, immediacy and adversity (party control of facts and means of proof).

Discussions on the Digitalization of the Judicial System and the Implementation of the Principle of Publicity of Administrative Proceedings

Discussions on the Digitalization of the Judicial System and the Implementation of the Principle of Publicity of Administrative Proceedings

ОСНОВАНИЯ ОТМЕНЫ АРЕСТА, НАЛОЖЕННОГО НА ИМУЩЕСТВО В ДОСУДЕБНОМ ПРОИЗВОДСТВЕ ПО УГОЛОВНЫМ ДЕЛАМ

The article examines the normative legal basis of the grounds for canceling property seizure in pre-trial criminal proceedings. The problem of the legislator’s usage of evaluative categories in removing investigator’s, interrogator’s or court’s restrictions is also analyzed. The solution of this problem is made dependent on the implementation of public or private interests. Discussing these issues, the authors come to the conclusion that this sphere is neither presented nor analyzed in academic monographic works. This circumstance indicates the novelty of the study owing to the legal positions of the Constitutional Court of the Russian Federation on the issue. The conclusion about the priority of public principles over private interests concerning matters which are not related to civil lawsuits is made on the grounds of empirical data and the analysis of legislative approaches. The contradictions of the provisions of the Criminal Procedure Code of the Russian Federation regulating the basis and procedure for canceling property seizure and the laws on bankruptcy are identified. The directions for improving the legal regulation of these issues are presented. The necessity of a multisectoral regulation of some aspects of law enforcement is inferred. The examination of private principles in canceling property seizure is connected with securing a civil lawsuit in criminal proceedings. The authors substantiate the existence of additional opportunities in making decisions in this field via the legal regime. This regime is also used in some other legal acts and may be put into practice in accordance with the Criminal Procedure Code of the Russian Federation. However, the imposed restrictions can be canceled on the basis of the decision by a person considering a criminal case. The authors note the incoherence of some provisions of Part 3 and Part 9 of Article 115 of the Criminal Procedure Code of the Russian Federation. This incoherence is connected with different approaches to the view on public and private interests in decision making. The authors substantiate the necessity of a legal linking of grounds for canceling property seizure with the decision on imposing this resriction. The conclusion about the comprehensive order of property seizure is made in the final part of the article. It is also stated that this order does not contain distinct criteria of the legality of the decision. Certain parts of the criminal procedure laws should be corrected. Some ways to improve the field of legal regulation concerning the opportunity of canceling seizure are given.

PR-діяльність у релігійній сфері як складова соціальної діяльності: досвід України та Польщі

The article reveals the specificity of PR-activities of religious organizations aimed at both their supporters and public at large. If the former involves the production of identity markers with this religious community, the symbolic exchange between members of the organization, the updating and mobilization of their activities, then the focus of PR activities on the public is aimed at establishing a dialogue between believers and secular members of the society. PR activities in this context are intended, on the one hand, to provide the public with knowledge about the functioning of a particular religious activity: both general (theoretical basics, symbols of faith, ritual, religious holidays, etc.), as well as specific events with community life (e.g., as religious holidays were held, ceremonies were performed, charity events were held). On the other hand, to establish public communication with the aim of forming a positive image, revealing stereotypical ideas that destroy it. One of the most widespread types of such PR-activity is broadcasting of worship services and sermons, which is aimed, firstly, at the mass involvement of particular confession believers in the performance of religious rituals, and secondly, on the institutional realization of the publicity principle in activity of church as a social organization. It also analyzes PR-activities in the sphere of culture as a component of PR-activities of religious organizations, which is realized in two aspects: as patronage and as intercultural mass communication. The main channels of PR-activity realization are analyzed: television and Internet resources. Feature of PR-activity of religious organizations is the functioning of separate religious, or more precisely confessional, television channels. The specificity of such channels is their information and educational orientation, which implies restrictions on entertainment content and talk shows. PR-activity of online channels is carried out in the forms of "digitalized PR" and "Internet-PR", which provide monologous communication, and "cluetrain-PR" - dialogical. The channel of PR activities of religious organizations, which integrates television and the Internet, is YouTube channels, which are less resource-intensive than television and have a large branched regional network.

Principles of financial support for the development of territorial communities in Ukraine

Problem setting . Formation of effective local self-government, which would be in line with the basic principles of the European Charter of Local Self-Government, is one of the most important and, at the same time, complex issues of Ukraine’s development as a democratic state. It is well known that the key element of local self-government is territorial communities which efficiency influences the development of the country. Without urgent reform of local self-government and, in particular, of territorial communities, decentralization processes are impossible, as well as it is not possible to overcome negative processes in the socio-economic and cultural development of territorial communities. At present, the financial support of territorial communities is crucial to ensure their capacity to work. Recent research and publications analysis . Leading scholars, such as O. Bobrovska, Yu. Molodozhen, O. Olshanskyi, Ye. Ostrom, L. Sukharska, O. Krainyk, and others have researched into the issue of financial support for the development of territorial communities in Ukraine. Highlighting previously unsettled parts of the general problem . Today it is urgent to study the basic principles of financial support for the development of territorial communities in Ukraine, which served as a motive for choosing the topic of this scientific article. The purpose of the article is to explore the basic principles of financial support for the development of territorial communities in Ukraine. Paper main body. The development of territorial communities is impossible without adequate resources, above all financial resources. At the same time, local self-government bodies of most territorial communities, especially small ones, do not have the amount of financial resources that would correspond to the functions stipulated by the legislation, which impedes the full implementation of the European Charter of Local Self-Government, the Law of Ukraine “On Local Self-Government in Ukraine” and concepts of sustainable development of territories. Financial support for the development of territorial communities is the provision of financial capacity through the involvement of tools, levers and means of influencing the financial status of the territorial community for the effective functioning of all spheres of its life. Based on the principles set out in the Budget Code of Ukraine, the European Charter on Local Self-Government and other provisions of the current legal framework, as well as scientific sources, the following principles of effective financial support for the development of territorial communities are formulated: unity of the system of financial support for the development of territorial communities; publicity and openness in the process of formation and functioning of the system of financial support for the development of territorial communities; reliability of data on available financial resources of the territorial community; efficient, economical and targeted use of financial resources; and constructive interaction of the owners of financial resources that affect the development of the territorial community. There are additional principles of financial support for the development of territorial communities in Ukraine, including: objectivity, goal setting, effectiveness, efficiency, priority, competence, complexity, continuity, transparency and situation orientation. Conclusions of the research and prospects for further studies . The analysis of the basic principles of financial support of local self-government shows that the processes of budgetary decentralization, which are taking place in Ukraine today, generally contribute to the formation of efficient territorial communities. The unification of territorial communities, which aims to improve their financial situation, is also positive in this context. The basic principles of financial support for the development of territorial communities in Ukraine are: the principle of unity of the system of financial support for the development of territorial communities; the principle of publicity and openness in the process of forming and functioning of the system of financial support for the development of territorial communities; the principle of reliability of data on available financial resources of the territorial community; the principle of efficient, economical and targeted use of financial resources; the principle of constructive interaction of the owners of financial resources that affect the development of the territorial community. Also in the context of this article, additional principles of financial support for the development of territorial communities in Ukraine are highlighted, including: objectivity, goal setting, effectiveness, efficiency, priority, competence, complexity, continuity, transparency and situation orientation.

Grundsätze der Strafprozessordnung der Schweiz (Band 2)

W drugiej części artykułu Autor kontynuuje analizę zasad procesu karnego, zdefiniowanych w szwajcarskim Kodeksie postępowania karnego. W tej części zostaną omówione zasady swobodnej oceny dowodów, zakaz podwójnego egzekwowania prawa, zasada ustnej formy postępowania, zasada ograniczenia dostępu do informacji, zasada języka procedury, zasada faworyzowania obrony, zasada podziału funkcji oskarżenia i rozpatrzenia sprawy oraz domniemania niewinności. Autor dochodzi do wniosku, że opisane zasady odzwierciedlają wyraźnie kontynentalny charakter szwajcarskiego systemu wymiaru sprawiedliwości.

Correlation between the principles of publicity of Constitutional Court decisions and personal data protection (case study of Georgian Constitutional Court)

Presented paper concerns to the issue of proper perception of the state in establishing the distinction between personal data protection and principles of publicity. The idea that the information protected by public institutions is a public good is nowadays reinforced by domestic and international legal documents. The aim of the research is to study abovementioned issue in regard with the practice of Georgian Constitutional Court and based on the results, to define the main problems identifying the main line between personal data and principles of publicity. According to case study, it’s clear that individuals are not aware how they can protect their personal data. Data processing organizations themselves violate the requirements of Georgian Law on Personal Data Protection. Current judicial practice makes it possible to believe that violations of abovementioned rights will not only decrease, but will define the proper line between personal data protection and Publicity principles concerning court decisions.

Principle of Proportionality in Foreign Legal Doctrine and Practice and its Interpretation in Russia in the Context of Providing Protection of Subjects’ Rights and Legal Interests

The subject of this research springs from the fact that the principle of proportionality is extremely under-researched in the Russian jurisprudence. The main goal is identifying the essence of the proportionality principle and its properties compared to the American “balance of interests” method. Methodology: general scientific methods – dialectic, historical, formal logic, analytical; specific scientific methods – formal dogmatic, historical and legal, comparative jurisprudence. The research method is the method of interpreting legal texts, generalizing and analyzing the practice. Key findings: 1. The essence of the European principle of proportionality is identified; 2. Social, historic & cultural and other sources of the proportionality principle are demonstrated; 3. A comparative analysis is performed for the European proportionality principle and the American “balance of interests” method; 4. A contrastive analysis of the Russian principle of balancing private and public interests vs. the European principle of proportionality is conducted; 5. Its interpretation in the Russian legal doctrine and features of its practical application are demonstrated. Conclusions: the European principle of proportionality and the American “balance of interests” method are essentially non-contradictory; the proportionality principle and the method of balancing interests are different in a number of features like methods of inquiry, but these differences are not paradigmatic by nature and are most probably caused by historical and cultural features and other traditions characteristic of the development of Romano-Germanic and Anglo-Saxon legal systems; both of the above methods of inquiry are closely interconnected and quite comparable, which can hardly yield methodology grounds for contrasting them to each other as completely different conceptual approaches; the purpose of imposing limitations on certain basic rights must have a very important public character; the principle of proportionality should only be applied in practice as a systemic whole of all its elements.

Regulation of Illegal Drugs – No Longer “What”?, but “How”?

The debate about the prohibition of drugs has taken a fundamental turn with the publication of ‘Regulation: The Responsible Control of Drugs’ by the Global Commission on Drug Policy. This edition of the journal publishes papers addressing how to regulate drugs, which informed the Global Commission report. These papers shift the discussion from what must be done, i.e. end prohibition, to how regulation can be implemented. These papers shift the discourse from a ‘drugs are the problem’ paradigm to ‘management of drugs is the problem’. Implications of regulation means: accepting that people should have controlled access, within a public health framework, to a range of psychoactive substances for non-medical use purposes highlighting of the incoherence of substance use management policy and regulation between legal and illegal substances blurring the dichotomy concept of medical and non-medical use supporting rigorous monitoring, evaluation, and research Consideration of implementing public interest–based regulated drug markets is gaining traction. This will not be without challenges, including pressure from profit-driven interests to weaken the public health orientation. Governments can be capable and competent when provided with technical support to regulate risky products, so should move from rigid adherence to the failed drug prohibition policy to regulation based on public health and human rights principles. This will help refocus on achieving the fundamental aim of the UN drug treaties – promotion of the health and welfare of humankind.

ТЕОРЕТИКО-МЕТОДОЛОГІЧНІ ЗАСАДИ ІСТОРИКО-ФІЛОСОФСЬКОГО ОСМИСЛЕННЯ СУТНОСТІ ТУРИЗМУ ЯК СОЦІОГУМАНІТАРНОГО ФЕНОМЕНУ

The general articulation of the issue and its relation to the important research and practice tasks. In today's context, tourism forms a strong system of communication influencing all socio-economic processes and research in various fields of study, including public administration. However, the social and humanitarian aspects of the establishment and development of tourism sector are still covered in a fragmentary way. Regulatory documents regulating relations in the field of domestic tourism need improvement, regarding to developing instruments for the implementation of public policy, its goals and principles, mechanisms of state regulation that would reflect the value aspects of tourism development in Ukraine. Therefore, the historical and philosophical understanding of the essence of tourism as a socio-humanitarian phenomenon, especially in the field of public administration, is relevant. The analysis of recent publications regarding the issues this article deals with; identification of parts of the general problem that have not been previously addressed. Tourism studies concern to the laws of functioning and development of the phenomenon of tourism, formulate a conceptual apparatus, define methods, principles, functions of tourism theory. These academic foundations are laid by V. Pazenok, S. Gorsky, T. Diorova, O. Lyubitseva, M. Malskaya, O. Kruchek, O. Lukashevich, Y. Lyubivy, O. Levitskaya, I. Mitsych, V. Smoly, N. Fomenko, G. Tsekhmistrova, M. Tsyurupa, V. Khudo, B. Tsybukh, etc. We can observe interpretations of social and humanitarian foundations of the phenomenon of tourism in the field of study «Public Administration» through the works by Y. Alekseeva, I. Valentyuk, O. Vasyliv, V. Dmitrenko, P. Haman, A. Goretsky, O. Guslyakova, Y. Gurbik, A. Kozhina, O. Malysheva, M. Marin, G. Krapivina, M. Shapran, O. Shaptalii, E. Shchepanskiy and others. However, the issues related to historical and philosophical understanding of the essence of tourism as a sociohumanitarian phenomenon and basic information resources in the field of public administration are still not resolved. It creates basis for widening the boundaries of the use of public administration tools and mechanisms in the field of tourism, in particular in the formation and the implementation of public policy. The purpose of this article is to provide a theoretical and methodological substantiation of the essence of tourism as a social and humanitarian phenomenon developed under the impact of various social factors on the basis of historical and philosophical knowledge. The key results and the background. The author formulates the vision of the need to use historical and philosophical approach to the interpretation of the mission of domestic tourism development, by using progressive aspects of international experience based on human-centrism. In particular, social improvement requires relevant informative, marketing, economic, humanitarian and legal mechanisms for the implementation of the Tourism and Resorts Development Strategy of Ukraine for the period up to 2026, with clear application of the socio-humanitarian approach. Conclusions and prospects for further research. The implementation of the above-mentioned positions is the basis for the formation and implementation of state tourism policy in Ukraine and would become the basis for further author's research

Kant and the Two Principles of Publicity

ABSTRACTThe aim of this article is to argue that the principle of “publicity” constitutes a fundamental idea in Kant’s political thought. Publicity provides a central insight that binds together various strands of Kant’s political writings (on issues as diverse as the question of Enlightenment, the right of revolution, historical teleology, reflective judgment, cosmopolitan citizenship, democratic peace, and republican government), and moreover, it offers a much-needed cornerstone for a systematic exposition of his nonexistent political philosophy. Apart from some eminent examples, publicity has been a rather neglected topic in the ever-expanding literature on Kant’s political ideas. Revisiting this notion will make us more attentive to his evocation of the “spirit of republicanism” over and above the letter of the law, and might prompt us to reconsider Kant’s reputation as a classical representative of liberal political thought. Indeed, it should inspire us to situate Kant’s appeal for the “public use of reason” in the vicinity of the republican ideal of political liberty.

LEGAL NATURE OF THE ENVIRONMENTAL IMPACT ASSESSMENT

The main components of the legal nature of environmental impact assessment are considered as management functions in the field of environmental protection, rational use of natural resources and ensuring environmental safety due to the fact that the reasons for the current unsatisfactory state in the industry of natural resource use, environmental protection are ambiguous. It was determined that the legal regulation of environmental impact assessment should be considered an important step towards the harmonization of Ukrainian legislation with EU legislation in the field of environmental impact assessment. The procedural and rocedural aspects of environmental impact assessment are determined and reviewed, which are determined by a number of legislative and subordinate legal acts. It has been established that environmental impact assessment should be carried out in compliance with certain principles based on the provisions of current legislation on nature protection. The principle of the effectiveness of environmental impact assessment is analyzed through the prism of prohibiting or terminating the activity of an enterprise in case of violation of the legislation on environmental impact assessment. Attention is drawn to the legal requirements of the principle of reliability of information in relation to environmental impact assessment. The compulsory provision of the principle of publicity in the process of impact on the environment, aimed at timely, adequate and effective informing of citizens, has been established. It is proved that the publicity and reliability of environmental information on environmental impact assessment act as two interrelated legal categories. It has been determined that the legal nature of the environmental impact assessment is based on the provisions of the current legislation of Ukraine and is aimed at observing law and order in the field of environmental protection.

The Principle Of Publicity In Ensuring Fairness

The article outlines the organizational and procedural aspects of increasing the authority of the judiciary, expanding the right to judicial protection, adapting the legal framework of the judicial system to the requirements of a democratic state.