Shortcomings Of Legal Regulation Research Articles

Обеспечение антитеррористической защищенности как мера противодействия терроризму

This article discusses the topic of ensuring anti-terrorism security as a measure to counter terrorism. Var-ious types of security are traditionally the subject of research in political science and public law sciences. The article examines the social relations that arise in the sphere of ensuring the national security of Russia. The purpose of the work was to establish the specifics of the impact of private legal means in ensuring security. Citizens and organizations, with their own efforts and means, ensure the protection of objects of civil rights – life, health, property. This activity differs from the implementation of the functions of law enforcement agencies not only by the impossibility of using coercive (public law) measures of influence, but also by more “narrow” objects of protection. A way for non-governmental organizations and individuals to participate in ensuring national security in general and anti-terrorism protection in particular is the use of private legal means to protect the relevant objects of civil rights. However, the means provided for by law have not been properly researched and have significant shortcomings in legal regulation. The author's new view on the problems of ensuring national security can provide the basis for conducting other private law and complex studies.

Научно-производственный комплекс наукограда Российской Федерации как отличительный признак территории с высоким научно-техническим потенциалом

Science city is a territory with a high concentration of scientific and technical potential, its characteristic feature is a city– forming scientific and industrial complex, in institutional cooperation with organizations of which local self-governments of science city solve issues of local importance in order to develop innovative infrastructure, create a comfortable urban environment, ensure accessibility of social infrastructure to increase the output of high-tech products, develop human resources the resource of the science city and the involvement of highly qualified specialists by organizations. The article highlights the key features of the scientific and industrial complex as a criterion for assigning the status of “science city of the Russian Federation” to a municipality in accordance with the procedure established by the federal law “On the Status of Science Cities of the Russian Federation”. Based on the analysis of the legislation, it is pointed out the shortcomings of legal regulation and the need to improve it to ensure the development of science cities, including to determine the specifics of the organization and implementation of local self-government in science cities.

Web conference as a modern model of interaction between the court and participants in the process: shortcomings of legal regulation and prospects for use

The article analyzes the new provisions of civil procedural codes on participation in a court session by using a web conference system. The effectiveness of introducing online hearings into the process is assessed taking into account various factors of interaction between the court and the participants in the process (technical, psychological, legal). At the same time, the key question is whether the guarantees of the civil procedural form are preserved in such communication. The author comes to the conclusion that the existing legal regulation does not allow using the full potential of this modern technology, which could serve to strengthen a number of procedural guarantees. At the same time, insufficient regulation of such a format of interaction creates serious threats to the operation of the principle of immediacy and the closely related principle of objective (judicial) truth. The article suggests expanding the grounds for refusing to participate in court sessions online, and in cases where a legal issue is resolved in court sessions without summoning persons involved in the case, on the contrary, it is proposed to provide for mandatory online meetings.

THE LEGAL REGULATION OF ANTI-MINING ACTIVITIES: INTERNATIONAL EXPERIENCE

Ukraine is among the countries with the largest quantity victims from field mines and others explosive devices. That demands from state authorities to conduct measures related to search, detection and disposal explosive items on the contaminated (probably contaminated) territory of Ukraine, water areas and objects infrastructure. Comprehensive and effective solution of problems is possible only by creation effective organizational and legal systems humanitarian demining using best international experience which should become important component part of State Strategy of anti-mining activities.
 The purpose of the article is to analyse the current state of legal regulation anti-mine activities in Ukraine and find out directions for implementation of international experience, in particular, the NATO member states, to create modern organizational and legal system of anti-mining activity in our the state.
 During the research the general scientific and special methods were applied, in particular methods of system analysis and synthesis, comparative legal methods etc.
 The analysis of current legislation anti-mining activities in Ukraine is done, the gaps and shortcomings of legal regulation are defined and directions of impact of international law on national standards using better international experience are formulated.

Legal Regulation of The Reliability and Quality of Translations of Official Documents and Texts

Objective: Given that law is a subject area associated with the socio-political and cultural specifics of the given country, the translation of documents and texts of official nature poses a challenging task. Among translators, it is considered one of the most difficult types of translation, as the target language must be particularly precise, clear, and reliable to adequately convey the presented information. The goal of the study is to identify problems in legal regulation of the reliability and quality of translation of official documents and texts and to offer recommendations on their elimination. Methods: The established research goal is achieved through the methods of document analysis and expert survey. Results: The paper identifies the linguistic problems that arise in the process of translation of legal texts and official documents, existing gaps and shortcomings in legal regulation, and measures to improve the process and quality of the translation of legal texts and official documents. Conclusion: Gaps and shortcomings in the legal regulation of translations of legal texts and official documents, especially as applied to Russia, include insufficient legal regulation over the notarization of translations of official documents, the lack of certification or special legal status for translators, and legal regulation of disputable situations.

Problems and prospects of the federal project “Professionalitet” implementation as a tool for the secondary vocational education development

The paper considers the problems of implementing the federal project “Professionalitet”, which began in 2022 and is aimed at integrating technical schools (colleges) with enterprises of the real sector of the economy, with the participation of state support for the development of educational infrastructure at the expense of budget allocations of the federal budget.Based on the analysis of the performance of the indicators of the federal project “Professionalitet”, a generalization and systematization of the effectiveness of participation in it of the Rostov State Transport University was carried out. A systematic analysis of regulatory legal acts on the implementation of the federal project “Professionalitet” has been carried out, shortcomings of legal regulation have been identified and proposals for its improvement have been formulated.Taking into account the historically strong interaction of industrial technical schools (colleges) with railway transport enterprises, the old approaches in improving the activities of educational organizations for personnel training have been rethought and new approaches have been identified. The proposed approaches to the construction of educational and production centers (clusters) and the model of the infrastructure sheet can be useful for educational organizations when forming an application for participation in a competition for the creation and development of educational and production centers (clusters).The author suggests possible directions for the development of the federal project “Professionalitet”, first of all, meeting new trends in legislation in the field of education on the creation of educational and industrial complexes as part of educational organizations of secondary vocational education.

About some actual problems of the organization and activity of the Prosecutor's Office of the Russian Federation on participation in international cooperation

The subject of the study is the materials of prosecutorial practice, as well as the norms of current laws and international legal acts of the Russian Federation. The object of research in the article is some current topical problems of the participation of the Russian Prosecutor's Office in international cooperation. According to the authors, at present, the activity of prosecutors in the field under consideration cannot be called a perfect line of activity of the domestic prosecutor's office. The problems of subjective (lack of necessary practical experience of participation in international cooperation among individual prosecutors) and objective (shortcomings in legal regulation, scientific and theoretical shortcomings, the geopolitical situation in the world, and others) are investigated. Based on the results of the study of these problems, the necessity of their mandatory solution is emphasized and the author's vision of some complex ways to overcome them is proposed. At the same time, the authors propose to pay special attention to improving the regulatory framework, continuing the diplomatic policy of the Prosecutor General's Office of the Russian Federation on concluding bilateral agreements with the competent authorities of foreign states on cooperation in the criminal procedure sphere and in cases of administrative offenses, as well as preparing appropriate educational and methodological and scientific literature developed by scientists of the University of the Prosecutor's Office of the Russian Federation and other law schools, and some other measures.

ԹՄՐԱՄԻՋՈՑՆԵՐԻ, ՀՈԳԵՄԵՏ (ՀՈԳԵՆԵՐԳՈՐԾՈՒՆ) ՆՅՈՒԹԵՐԻ, ԴՐԱՆՑ ՊԱՏՐԱՍՏՈՒԿՆԵՐԻ, ՊՐԵԿՈՒՐՍՈՐՆԵՐԻ, ԽԻՍՏ ՆԵՐԳՈՐԾՈՂ ԿԱՄ ԹՈՒՆԱՎՈՐ ՆՅՈՒԹԵՐԻ ՕՐԻՆԱԿԱՆ ՇՐՋԱՆԱՌՈՒԹՅԱՆ ԴԵՄ ՈՒՂՂՎԱԾ ԽԱԽՏՈՒՄՆԵՐԻ ՀԱՄԱՐ ՊԱՏԱՍԽԱՆԱՏՎՈՒԹՅԱՆ ԻՐԱՎԱԿԱՆ ՀԻՄՔԵՐԻ ԿԱՏԱՐԵԼԱԳՈՐԾՄԱՆ ՈՐՈՇ ՀԱՐՑԵՐ

One of the important components of the organization of drug crime prevention is its legal framework. The subject of the author’s research is the relevant norms of substantive law – criminal and administrative. The results of the author’s research show that the above-mentioned foundations need to be improved. Despite the fact that the Criminal Code of the Republic of Armenia has been adopted since July 1, 2022, its relevant norms, according to the author, need to be updated. The author proposes to expand the legislative concept of the analogue of narcotic drugs and psychotropic (psychoactive) substances, since it does not express the main features of the analogue; to establish responsibility for the propaganda of narcotic drugs and psychotropic (psychoactive), since the criminal law establishes responsibility only for advertising these substances.; to toughen the punishment for the sale of narcotic drugs and psychotropic (psychoactive) substances to minors, since their body is weak and bears enormous damage as a result of the consumption of these substances; to establish responsibility for the illegal acquisition of a precursor at the instigation of another person for him, since the law provides for punishment for this action only in relation to narcotic drugs and psychotropic substances (psychoactive) substances, etc. Naturally, it is necessary to improve the norms defining administrative responsibility for drug-related offenses. Thus, the author considers it necessary to group these offenses in the Code of Administrative Offenses of the Republic of Armenia by the type of violated public relations, to correct other shortcomings of legal regulation.

Особенности законодательства о регистрации прав на недвижимость и сделок с ним

The relevance of the study of legislation on registration of rights to real estate lies in the fact that ownership of real estate — a fundamental constitutional human right — arises only after the onset of a legal fact, which is state registration. The article, using classification, systemic and comparative methods, examines in detail the Federal Law No. 218-FZ, which is the main one in the system of laws governing the registration of rights to real estate and transactions with it. The article also analyzes the changes made to the legislation to eliminate shortcomings in legal regulation. As a result of the study, it was revealed that deficiencies in the legislation cannot be completely eliminated, which indicates the dynamism of civil legal relations related to real estate. Problems identified in practice can be resolved through judicial interpretation of legal norms or through the application of constitutional norms.

State protection of a lawyer participating in criminal proceedings: shortcomings of legal regulation

State protection of a lawyer participating in criminal proceedings: shortcomings of legal regulation

Охрана изображения гражданина в условиях развития цифровой реальности

Currently, images of citizens are widely used in the global information and telecommunications network “Internet”. The accessibility and simplicity of their placement create conditions for the misuse of a citizen's image in the digital space, which can lead to a violation of the rights not only of the person whose appearance is fixed in the image, but also of the person who created such an image with his creative work. Goal. The purpose of this study is to analyze the provisions of the civil legislation of the Russian Federation, law enforcement practice, doctrinal sources devoted to the protection of the image of a citizen, in order to develop a system of measures aimed at optimizing the protection of a citizen's right to an image illegally published and used on the Internet. Methodology. The methodological basis for the study of the legal regime of the image of a citizen are general scientific methods of analysis and generalization of normative and empirical materials, private scientific methods - system-structural, formal-logical, method of legal forecasting and modeling. Results. The article examines the concept, content and legal nature of a citizen's right to an image, determines its place in the system of objects of civil rights. The article substantiates the position on the duality of essence of the citizen's right to an image, which on the one hand is a personal non-property right arising from an intangible good - the external appearance of a citizen, on the other - may represent a set of personal non-property and property rights arising in connection with the creation of the result of intellectual activity by fixing the external appearance of a citizen. Conclusion. The conducted research allowed the authors to discover several shortcomings in legal regulation that hinder the effective implementation of the protective function of law in the field under study. Proposals and recommendations aimed at optimizing the protection of a citizen's subjective right to an image were developed. The article substantiates the preference for a written form of consent to the publication and use of a citizen's image on the Internet, as well as the need to specify the content of such consent. A proposal has been formulated to adjust the legally defined list of circumstances in which it is not required to obtain the consent of a citizen to use his image, by excluding from it the situation when a citizen was paid for being photographed. It is proposed to supplement the circle of persons authorized by the law to consent to the use of the image of a deceased citizen with certain categories of close relatives.

Legal Regulation of Re-Domiciliation in the Russian Federation

In summer 2020, the Russian Federation initiated amendments to agreements on double taxation avoidance concluded with foreign States. The President of the Russian Federation outlined the goal of this procedure, namely: to ensure the collection of tax on dividends and other payments in the amount of at least 15%. It is extremely curious that the change in such tax agreements correlates with the legal institution of the re-domiciliation of foreign companies to the Russian jurisdiction (to special administrative regions on the Oktyabrsky and Russian Islands). New provisions of agreements on the avoidance of double taxation in conjunction with the re-domiciliation procedure, as well as the existing mechanism for voluntary declaration of accounts and assets, can potentially bring the fight against offshorization of the domestic economy to a new level.The aim of the study is to compare the financial and other operating conditions of an international company registered in the order of re-domiciliation in a Russian special administrative region and an organization registered in a “low-tax” (offshore) jurisdiction. To achieve this goal, analytical and comparative legal research methods were used, which made it possible to draw the following conclusions: in the changing circumstances, the Russian special administrative regions are approaching in terms of the conditions for carrying out commercial activities and the volume of financial preferences provided to traditional offshore jurisdictions. However, in order to activate the process of re-domiciliation of foreign companies to the Oktyabrsky and Russky Islands, it is necessary to eliminate the shortcomings of legal regulation by amending the existing regulatory legal acts.

Public procurement planning as an immunity to the budget process

The subject of the article is the research of public procurement in the context of budget expenditures efficiency.The purpose of the article is to confirm or disprove hypothesis that public procurement planning is the basis of a strategic relationship with the budget process. Their symbiosis can minimize any negative manifestations of a financial, economic and socio-political nature, including the consequences of crisis situations such as a pandemic.The methodology. The authors analyze many Russian and western scientific articles and monographs from the point of view of the budget process and planning of public procurement.The main results, scope of application. Planning of public procurement should be considered not as a separate need of one specific customer or a separate group of customers, but as a set of public consumption of all possible and necessary resources. The opposite approach will inevitably lead to additional budget costs for the elimination of consequences (natural, technological, etc.), associated, first of all, with the lack of a proper and clear understanding of the essence of planning public procurement and public demand for goods, works, services). Proper and carefully balanced procurement planning for all public needs not only ensures the immunity of the budget process for the current and subsequent periods, but also constitutes the basis for the prospective rational use of renewable and non-renewable resources, both internal (national) and external (foreign). This article has significant scientific and practical value. The study focuses on the key problem of public procurement in Russia-the lack of interaction between procurement planning and the budget process, pointing to the identified shortcomings of legal regulation that do not allow to quickly adapt to situational changes from outside. It is proposed to consider the introduction of strategic procurement planning for 5-10 years, which will not only determine the basis for financing public procurement from the budget, but also predict the revenues of the relevant budget, more accurately and correctly prioritize funding needs.The findings of the study allowed the authors to formulate proposals and recommendations. Consideration of the planning of public procurement, taking into account the budgetary process, will make it possible to develop recommendations in terms of adjusting certain norms of Law No. 44-FZ, which would allow the most efficient use of budget funds, both planned in advance and urgent purchases.Conclusions. A global crisis reveals the most pressing problems of governance of any state. The crisis obliges the government of any country to promptly analyze and rebuild the regulatory framework for effective financial, economic, social and political management. De-spite numerous reforms the budget process in the Russian Federation has retained significant bureaucratic costs that do not allow for rapid delivery of budget funds to each customer. The urgent need for rapid reallocation of budget funds for additional and priority purchases has shown the imperfection of the legal regulation of public procurement planning, which should be radically restructured. Since public procurement planning as an integral part of budget expenditure is not actually related to its revenues, such planning should be carried out based on the customer's needs for goods, works, and services for a longer period, which will allow a more meaningful and responsible approach to the issue of effective budget spending and overall resource consumption. Digital technologies in public procurement planning allow you to quickly compare all items of the plan with those planned and completed earlier in order to avoid duplication (unjustified repetition) of a similar purchase. Planning of budget purchases is not only an effective expenditure of budget funds, but also an efficient (lean) consumption of resources, including non-renewable ones.

Gaps in Administrative and Legal Regulation of the Liability Institution for Direct Contempt

The publication is focused on studying the state of legal regulation of the liability institution for direct contempt. Cases of direct contempt’s manifestation are negative phenomenon, since they negatively affect the activities and image of the judicial system; they are demonstration of the level of trust to the judicial power; they create obstacles in the formation of confident relationship between citizens and the court; they prevent the state from fulfilling its obligations to ensure everyone’s right to a fair trial.
 The current legislation of Ukraine has been analyzed. It has been established that the legislation has many gaps that need to be addressed immediately. Shortcomings in legal regulation hinder the full functioning of the liability institution for direct contempt on equal and fair terms, since they allow for ambiguous interpretation of the law norms and evaluation of a person’s actions.
 The authors have studied some gaps in legal regulation of the liability institution for direct contempt. It has been offered to combine all the shortcomings of the legislation into two groups: of qualifying and procedural nature. Qualifying shortcomings include problematic issues related to the qualification of a person’s actions (regarding the forms of direct contempt, the place and time of the action, the subjects of the offense). Procedural shortcomings include problematic issues related to the procedure for prosecuting direct contempt, in particular determining the range of courts that may hear such cases and the consistency of their powers; the procedure for appointing a judge to hear such cases; the need to draw up the minutes on administrative offenses and to record the procedure of hearing the case; features of notifying a person about the time and place of hearing the case on administrative offenses, etc.
 The opinions of scholars and practitioners on the functioning of the liability institution for direct contempt in Ukraine have been analyzed. The authors have formulated propositions on improving the legal regulation of the liability institution for direct contempt.

Some Issues of Administrative Responsibility for Violation of Disabled Rights in Russia

The definition of «social protection of persons with disabilities» is contained in the Federal Law «On Social Protection of Persons with Disabilities in the Russian Federation», which means a system of economic and legal measures, as well as social support measures that are guaranteed by the state, and are aimed at providing people with disabilities with conditions to overcome and replace restrictions life, and also aimed at creating equal conditions with other citizens and opportunities for participation in society. Since ratification, the UN Convention on the Rights of Persons with Disabilities, the Russian Federation has undertaken to take appropriate measures to ensure that persons with disabilities have access, on an equal basis with others, to the physical environment, to transport, as well as to other facilities and services open or provided to the public, as appropriate normative legal acts. At the same time, in the Russian Federation there is no normative legal act containing a clear mechanism for implementing measures aimed at adapting social infrastructure facilities to ensure unhindered access for people with disabilities and other people with limited mobility, which allows officials to evade the implementation of measures creation. The purpose of this study is to study and analyze the legal regulation of the basic rights of persons with disabilities and administrative responsibility for their violation. To achieve this goal, the following tasks were set. Firstly, to analyze the judicial practice for dealing with complaints regarding the implementation of the rights of persons with disabilities. Secondly, to establish typical shortcomings in the consideration of these complaints and determine the causes of their occurrence. The study was carried out using the methods of materialistic dialectics, statistical, comparative, as well as formal legal. The study revealed the shortcomings of legal regulation in the field of protection of the rights of persons with disabilities, as well as formulate recommendations for addressing these shortcomings.

НАЦИОНАЛЬНЫЕ ОСОБЕННОСТИ И ПЕРСПЕКТИВЫ СОВЕРШЕНСТВОВАНИЯ ГОСУДАРСТВЕННОГО РЕГУЛИРОВАНИЯ ГРАДОСТРОИТЕЛЬНОГО ОСВОЕНИЯ ПОДЗЕМНОГО ПРОСТРАНСТВА

The main features of the state regulation of the development of underground space, the shortcomings of legal regulation and standardization as the reasons for the lag of Russian cities in this area of urban development are considered. The results of the monitoring and analysis of regulatory documents in the field of integrated urban development of underground space are presented. Gaps and conflicts in a number of subject documents on standardization that do not allow for effective integral development of the underground part of the city territory are identified, and suggestions for improving standardization are given. A new Set of Rules (SP 473) concerning «underground urban planning» is analyzed in detail, and a conclusion is made about its systemic shortcomings, primarily related to the imperfection of legal regulation. The structure of applied scientific research initiated by the author of this article and aimed at introducing a set of legislative changes is disclosed. It is proposed to synchronize their introduction with ensuring the correction of SP 473 and other documents on standardization. The relevance of the topics and studies covered is not only related to their novelty, but also to the consideration of issues in the context of approaching the model of a sustainable, viable and compact city.

АКТУАЛЬНІ ПИТАННЯ ПРАВОВОГО РЕЖИМУ МАЙНА КООПЕРАТИВІВ

The modern development of Ukrainian society is characterized by a variety of organizational and legal forms of business, including cooperatives, which are part of a unified economic complex of the country along with other participants in economic relations. The aim of the article is to analyze the problems of economic and legal regulation of the legal regime of property of cooperatives and justify the ways to resolve them. Realization of the set purpose provides the decision of a number of problems, such as: 1) research of features of share fund, indivisible fund, reserve and special funds of cooperative; 2) analysis of problems of legal provision of the procedure for the formation and use of property of cooperatives and 3) justification of directions for improving the legal regime of property of cooperative and development of amendments to the legislation on cooperation. Methodology. The application of methods of comparative legal research, system and structural-functional analysis allowed to justify the feasibility of optimizing the legal regulation of property relations in production, service and consumer cooperatives. Scientific novelty. The article considers the features of the legal regime of property of different types of cooperatives in modern economic conditions. The shortcomings in legal regulation of the property funds of cooperatives are analyzed and changes to the current legislation on cooperation are proposed. In conclusion, the article emphasizes that the improving the legal regime of property of cooperatives will eliminate some shortcomings of the current legislation on cooperation and will serve for effective law enforcement in this area of legal relations. In particular, it is proposed in the Law “On Cooperation” to establish that the shares, taking into account contributions to the reserve and special funds, are personalized and in total determine the common part of the cooperative member in the property of the cooperative. The person has the right to receive his common part in cash in case of withdrawal or exclusion from the cooperative, unless otherwise provided by the charter of the cooperative. The term and other conditions for the cooperative member to receive common part shall be established by the cooperative's charter.

Protection of the Rights of Consumers of Services in Court and the Responsibility of the Contractor

Problem Statement. We believe that a special interest is the protection of the rights of citizensconsumers in domestic service, which is considered one of the most important socially significant sectors, providing a huge variety of services. Moreover, the most acute issues are the protection of the rights of consumers of services in court and the responsibility of the service provider. Purpose and Objectives of the Study. Identify the essential features of the application of consumer protection services in court to determine some features of the responsibility of the service provider under the legislation of the Russian Federation. Research objectives: to analyze some features of protection of the rights of consumers of services in court; to determine the order of responsibility of the service provider in case of violation of the quality of the rendered service; to identify the shortcomings of legal regulation in the protection of the rights of consumers of services in court and on their legal analysis to formulate individual proposals for the reform of the current legislation. Method of Research. We used empirical methods of comparison, description, and interpretation; theoretical methods of formal and dialectical logic; historical-legal and comparative-legal methods. Results, Brief Conclusions. It is defined that the protection of consumer rights refers to the activities of the state aimed at regulating public relations that arise between a consumer and a business entity. It is established that in the entire sphere of legal regulation of consumer protection there are certain principles that determine the ways to improve consumer legal norms, taking into account political, economic, ideological and environmental conditions. They help ensure the unity of the application of legal norms in the sphere of consumer services, as well as identify ways to improve the human rights mechanism. It is argued that in ensuring the quality of household services rendered, its performers play a fundamental role. However, the correct actions on the part of the consumer, expressed in its obligation to comply with the rules for using the results of the service provided, also play a role in ensuring their proper quality. In case of rendering of household services of inadequate quality and absence of a positive result of an out-of-court dispute resolution procedure, the consumer»s right to protection is implemented by applying to the court.

Current State of Normative and Legal Regulation of the Rehabilitation Institution in Criminal Proceedings of Ukraine

The authir has carried out theoretical study of the current state of regulation of the rehabilitation institution in criminal proceedings of Ukraine, the immediate task of which is to protect human and civil rights and freedoms within relations between the state and an individual. Numerous appeals to the ECHR by citizens of Ukraine, who have been illegally or unjustifiably prosecuted, as well as the existence of decisions in their favor indicate on the shortcomings of this institution.
 The essence of the term of “rehabilitation” and its normative enshrinment in legislative acts at some historical stages of the world community development has been studied. It has been established that it was first used in medieval France to denote the pardon of a convict with the restoration of all his former rights. However, due to the development of social relations and a radical change in society’s attitude to sentencing, the concept of “rehabilitation” has become much broader than the original definition.
 Based on the detailed analysis of theoretical developments of leading scholars, international and legal acts, criminal procedural legislation of Ukraine, some countries of the European Union and the post-Soviet space, special attention has been focused on significant shortcomings of legal regulation of the specified area of public relations in Ukraine. The author has suggested own vision of the concept of “rehabilitation”. The author has offered to reffer it to the tasks of criminal proceedings stipulated by the provisions of the Art. 2 of the Criminal Procedura; Code of Ukraine. Besides, special attention has been paid to the fact that a rehabilitated person, in addition to compensation for damages and restoration of violated rights, must receive an official apology on behalf of the state for unjustified or illegal prosecution.

Problematic Issues of Preventive Activities of Investigators and Interrogators in the Legislation of Ukraine and Some Foreign Countries

The author has carried out a comparative analysis of the normative provisions of the legislation of Ukraine and some foreign countries on preventive activities, in particular the regulation of tasks to identify the causes and conditions that contributed to the crime during the pre-trial investigation. The annual increase in the number of criminal offenses indicates the need to introduce the institution of preventive activities of investigators and interrogators into the current Criminal Procedural Code of Ukraine. The scientific views of scholars have been studied and the own vision of the raised problems has been developed.
 The issue of the essence of identifying the causes and conditions that contributed to the commission of a criminal offense and its normative enshrinement in legislation at some historical stages of the development of our country and the world community has been studied.
 Based on the analysis of theoretical developments of scholars on criminal procedural legislation of Ukraine and the practice of pre-trial investigation and inquiry of some post-Soviet countries on issues related to the research topic, the author has placed emphasis on the significant shortcomings of legal regulation of preventive activities of investigators and interrogators during the pre-trial investigation.
 The author has presented own point of view on the preventive activities of investigators and interrogators during the pre-trial investigation as one of the main tasks of such an investigation, in particular to identify the causes and conditions that contributed to criminal offenses and take necessary and effective measures to eliminate them through the appropriate agencies and their chiefs, which is offered to be enshrined in the current Criminal Procedural Code of Ukraine and the departmental regulatory base.