Constitution Of Ukraine Research Articles

ПРАВОВІ ЗАСАДИ ОРГАНІЗАЦІЇ ПРАЦІ ОСІБ, ЯКІ УТРИМУЮТЬСЯ В УСТАНОВАХ ВИКОНАННЯ ПОКАРАНЬ

Ukraine as a democratic, legal social state on the path to European integration, needs to reform all sectors of society. Particular attention in the transformation process is paid to the penitentiary system. The rights of persons who have committed a criminal offense and are held in penitentiary institutions (hereinafter – PIs), along with the rights of other citizens, are protected by the Constitution of Ukraine and international human rights law. Among the fundamental human rights is the right to work. In its turn, the work that convicted persons are involved in is a necessary component of achieving the goal of serving a sentence – the correction of a person and his or her resocialization. Labor is a significant factor in human life. It is a volitional activity aimed at creating material values. Labor as a means of correction and resocialization of a convicted person is defined by the provisions of Article 6 of the Criminal and Executive Code of Ukraine (hereinafter – the CEC). The conscientious performance of their labor duties is taken into account when applying for conditional early release of a convicted person. Therefore, socially useful labor, which convicted persons are involved in, helps to reduce crime. Given the reforms that the penitentiary system in Ukraine has undergone, legal regulation of the organization of work of persons held in PIs is an actual issue of the day. The article highlights the legal basis for organizing labor of persons held in penitentiary institutions. The essence of the constitutional right of a convicted person to work is considered. Labor is defined as a means of correction and resocialization of a convict. The legal basis of socially useful work of convicts is analyzed. The functions of socially useful activities of convicted persons are defined. The principles of involving convicts in socially useful work are defined. The author establishes the working conditions for those convicted to restraint of liberty. The author analyzes the current legislation of Ukraine in terms of the obligation to involve convicted persons in labor; the list of jobs and positions in which it is prohibited to use convicts; requirements for remuneration, working week, and salary; involvement in labor on a free basis; and pension provision for convicted persons. The author draws conclusions about the need for further reform of the penitentiary system in terms of ensuring that convicts have the right to engage in labor activity in accordance with their abilities, desire and fair remuneration. Key words: labor, work of convicts, labor activity, labor contract, penitentiary institution, socially useful work, labor functions, working conditions, involvement in work, remuneration, penitentiary system in Ukraine, European integration.

The issue of childbirth assistance payments during the care of a child until the child reaches the age of three

It will be provided with a detailed calculation of the amounts of allowance that should be paid by public authorities and which are declared by government bodies as paid but are not actually paid. The study will consider what amounts of assistance are actually received by individuals who take care of a child until the child reaches the age of three.
 It is indicated, I would like to point, out that these fictitious payments, declared by state authorities as assistance paid to individuals caring for a child until the child reaches three years of age, are considered official income for Ukrainian citizens. It is determined, that payment of assistance to a person who cares for a child until the child reaches the age of three and in accordance with the law receives assistance at the birth of a child in accordance with paragraph 7, item 1, part 1 of Art. 4 of the Law [17] is not true.
 It will be proven that the guaranteed allowance provided by the state does not comply with the Legislation and is less than the minimum subsistence level, which creates conditions for the genocide of population.
 We conclude that a study has been carried out and it has proven that human rights have already been violated at the legislative level. There is a violation of the Laws of Ukraine, International documents and the Constitution of Ukraine. This indicates a conflict of legislation, which as a result leads to human rights violations, and as a further result a low standard of living of Ukrainian citizens.
 It is indicated that there is a formal attitude to the Laws of Ukraine due to improper conduct of operational and investigative actions, signs of corruption and professional impropriety. Crimes are covered up, the guilty are not brought to justice.
 It has been established that persons caring for young children before the age of three are deprived of adequate state-guaranteed social protection. There is a conflict of laws. Thus, these citizens of Ukraine are being social destruction by incompetent state officials.

Principles of limitation of rights and freedom through the prism of ensuring human security

The article examines the basic principles of restricting rights and freedoms through the lens of ensuring human security, and characterizes the purpose of such restrictions in the modern conditions of Ukraine’s development as a legal state. It is noted that the possibility of limiting freedom is a measure of state influence, designed to ensure the safety of citizens in critical situations that pose a danger to their lives, health and well-being. Such restrictions are especially significant today, when both Ukraine as an individual country and the whole world in general, given the previously mentioned globalization, are facing many threats, both military (given the ongoing war on the part of the Russian Federation), and socio-economic (including one can count the large-scale destructive consequences of war, forced migration, demographic crisis, etc.), and epidemiological (the largest of which in recent years has been the pandemic caused by the coronavirus). It is emphasized that the restriction of freedom can be understood both in a narrow sense - through the use of measures originating from the state, and in a broad sense. A person is limited in his actions by a wide variety of factors, such as: moral norms, opinions of the environment and many other things, which people often directly encounter in everyday life. according to the content of these provisions, a person’s freedom in society is not absolute: a person is limited to the extent that it allows him not to harm society and not prevent other people from exercising their rights. On the one hand, this leads to the possibility of the state restricting human rights and freedoms, which in itself has a negative tendency, and on the other hand, due to restrictions, law and order is ensured, which ensures the observance of human rights and allows society to function normally. A mandatory condition for the restriction of constitutional rights and freedoms of a person and a citizen is that it can take place only on the basis and in the cases specified in the law, and, as a rule, by a court decision. The procedure for implementing such a restriction is fixed in the national legislation. Bodies of state power, bodies of local self-government, their officials and employees, depending on the actual circumstances, are authorized to choose methods of ensuring national security on their own or by applying to the court. Some rights enshrined in the Constitution of Ukraine cannot, in principle, be limited. Among them are the right to life, to protection of dignity, to freedom of religion and protection of private life. Having analyzed the above rights, it was concluded that the law does not provide for the restriction of those rights, exercising which a person cannot prevent others from exercising their rights, or simply pose a danger to other people (in contrast, for example, to the restriction of the right to free movement infected with coronavirus or persons who evade mobilization). On this basis, the principles were formulated, according to which the measures taken to ensure security cannot limit all the rights and freedoms available to a person, especially when it comes to such fundamental ones as the right to life, these are, in particular, the principles of proportionality, economic efficiency and regulation of the introduced restrictions.

Violations of human environmental rights in Ukraine during the period of martial law (example of the Kaкhov disaster)

The article is devoted to the analysis of the violation of environmental human rights in Ukraine during the period of martial law from February 24, 2022 (using the example of the blowing up of the Kakhovska HPP (Kakhovska Hydro Power Plant) dam on June 6, 2023). Environmental rights include human rights to a safe ecological environment, that is, the right to a clean environment, fresh air, unpolluted land, good-quality water, high-quality, safe and harmless food products, unpolluted household items. In Ukraine, environmental rights are recognized and enshrined in the 1996 Constitution.
 It is noted that once a full-scale invasion begins, environmental hazards increase, and the damage done to Ukraine becomes much more obvious.
 It has been investigated that on June 6, 2023, around 02:50, a global environmental disaster occurred in Ukraine - the explosion of the Kakhovska HPP dam. The Kakhov reservoir began to lose water rapidly. Downstream of the Dnieper, settlements began to be flooded, including Kherson. The Kakhov disaster has all the signs of an ecological disaster.
 It has been proven that the consequences of the terrorist attack turned out to be worse than predicted. The undermining of the Kakhovska HPP dam caused serious environmental consequences, which have not fully manifested themselves yet. The rights to a safe ecological environment, guaranteed by the Constitution of Ukraine and the Principles of Environmental Protection during Armed Conflicts, developed by the UN International Law Commission in 2022, have been violated.
 It has been established that environmental disasters of this scale usually cannot be limited territorially, they negatively affect changes in ecosystems, which causes climate changes in the region. Therefore, the consequences of the Kakhov disaster are felt by themselves and with a high probability will be felt by other states in the future. The international community should join forces to ensure compensation for the damage caused to the environment, and take all permissible legal measures aimed at stopping the violation of environmental rights, as well as restoring the violated rights.
 The authors are of the opinion that the protection of environmental human rights in Ukraine will remain problematic for the next decades after the end of hostilities and the abolition of martial law.

Interrelationship of tax liability with the principles of tax law

The article examines the relationship between tax liability and the principles of tax law in the current legislation and regulatory requirements of the European Union. The object of research is social relations that regulate the emergence, change, fulfillment, termination of tax liability in the context of the principles of tax law. The subject of the research is the norms of the Constitution of Ukraine, current tax legislation and other normative acts. During the research, various methods were used, in particular: historical-legal, systematic, comparative-legal, formal-legal, teleological, general scientific methods: analysis, synthesis, induction, deduction. It is indicated that the tax liability is the taxpayer's duty to pay the state a certain amount, which the taxpayer independently calculates and reflects in the tax return. It is noted that the principles of tax law and the principles of tax liability and taxation are mutually related and are reflected in regulatory acts of tax legislation or other regulatory documents. The Tax Code of Ukraine specifies the following principles: universality of taxation; equality of payers before the law, inevitability of liability; presumption of legality of the taxpayer's decisions: fiscal sufficiency; social justice; neutrality of taxation; stability; uniformity and convenience of payment; a unified approach to setting taxes and fees. Separate principles are defined in the Constitution of Ukraine - the principles of rule of law, legality, etc. The legal principle of the economy of taxation is manifested in the requirement for the economic basis of income taxation. In the tax law of the countries of the European Union, the presumption of legality of the taxpayer's decisions is expressed through the rules on the inadmissibility of various forms of tax abuse, which have a codified status. The development of these principles in the tax law of the member states of the European Union has recently taken place in the form of determining the criteria for the application of scientific doctrines in model taxation situations, based on specific court decisions in cases on determining the amount of tax liability.

Features of regulatory support for social security of a modern state

The article aims to elucidate the features of regulatory support for the social security of a modern state, examining these through the criteria for appropriate regulatory support for the social security of modern Ukraine. The author identifies that effective legal and regulatory support for the social security of a modern state relies on a set of standards. The legal regulation of the social security of the state should primarily be conducted by entities vested with the requisite rule-making powers, and these powers must be exercised in accordance with the procedures stipulated by law. Rulemaking activities and the legal framework for the social security of the state must align with the principles of law, ensuring legal certainty in the provisions of regulatory legal acts pertaining to social security. Regulatory and legal support for the social security of the state, as an integral component of the legal framework, should adhere to the provisions outlined in the Constitution of Ukraine, current social standards, and consider the international legal obligations of the state, which also emanate from the European integration objectives of Ukraine. The regulatory support for the social security of a modern state must incorporate norms with direct applicability and establish an institutional foundation for the effective implementation of legislation on social security. The regulatory framework for the social security of the state must be coordinated, consistent, flexible, and adaptive, while also being subject to an assessment of its impact on the field of social security. Moreover, in the context of democratizing the socio-legal regime for ensuring the social security of modern Ukraine, the process of legal regulation of social security involves the active participation of interested entities, including civil society actors. The conclusion of the article succinctly summarizes the results of the study.

ОСОБЛИВОСТІ КУЛЬТУРИ УПРАВЛІНСЬКИХ ВІДНОСИН В ПУБЛІЧНОМУ УПРАВЛІННІ (АНАЛІЗ ДАНИХ ЕМПІРИЧНОГО ДОСЛІДЖЕННЯ)

The article is devoted to the study of the peculiarities of the culture of managerial relations in public administration. It is stated that the culture of managerial relations exists in all organizations, regardless of the form of ownership. In each organization, the management culture is unique and inimitable. It cannot be formed on its own; the main factor of its formation is the cultural values of each subject and object which form management relations.
 It is established that managerial culture is formed under the influence of the internal and external environment, and its main elements are moral and ethical norms, values, worldview, mutual respect, professional and personal skills, compliance with subordination, level of discipline and level of education, etc. Formation of a culture of managerial relations in public administration is a complex and lengthy process, however, it is necessary to ensure effective management and development of a public organization.
 The author conducted an empirical study of the level of communication culture in public authorities and local self-government bodies in Ukraine and identified the main moral and ethical standards that public servants must adhere to in their activities in accordance with the Constitution of Ukraine.
 On the basis of the study, the author identifies the main problematic aspects of the culture of managerial relations and suggests ways to solve them, taking into account the national experience.
 The problematic aspects of the culture of managerial relations are mainly related to specific challenges that arise between managers and subordinates, the transformation processes taking place in the State, the insufficient level of knowledge of management psychology, low motivation, corruption and lack of transparency in management, lack of readiness of public managers for continuous development and self-improvement, etc.

THE ESSENCE OF RESOURCE-SAVING ACTIVITIES IN TOURISM

Purpose. The article is devoted to the study of the essence of the concepts “tourist industry”, “resource-saving activity” and “resource-saving activity in tourism” and the clarification of types of resource-saving activity in the tourism industry based on the analysis of scientific literature and legislative acts of Ukraine. Design/methodology/approach. With the help of general scientific methods of analysis, synthesis, comparison and study of the relevant domestic and foreign literature, the essences of the concepts of “resource-saving activity” and “resource-saving activity in tourism” were established, the main types of resource-saving activity in the tourism industry were clarified. The tabular method was used to visualize the research results. Findings. The article analyses the legislation of Ukraine that regulates resource-saving activities, in particular the Constitution of Ukraine, DSTU 3051-95, the Strategy for the Development of Tourism and Resortsthe National Economic Strategy, the Law of Ukraine “On Tourism”. The essence of the concept of “resource-saving activity” and “resource-saving activity in tourism” in the works of scientists and practitioners was analysed. The essence of the concept of “resource-saving activity” and “resource-saving activity in tourism” was analyzed in 30 works of scientists and practitioners. The concept of the term “tourist industry” has been clarified, which, unlike the existing definitions, includes enterprises and organizations that accompany or contribute to the development of tourism and provide tourist services and the production and sale of products to meet the needs of tourists. The classification of the main types of resource-saving activities in the tourism industry according to the functional approach is substantiated, namely: production-technical, economic, organizational, legislative, informational, marketing, innovative, educational, social, ecological, functional. The author’s interpretation of the concept of “resource-saving activity in tourism” is proposed, which, unlike existing definitions, takes into account the impact of psychological and recreational stress on tourist destinations. Practical implications. The value of the research lies in the in-depth analysis of existing scientific works and legislative acts regarding the essence of resource-saving activities in tourism, the definition of types of resource-saving activities in tourism and their content.

Legal Regulation of Access to Justice During Wartime in Cases Related to The Protection of The Rights, Freedoms And Interests of Military Personnel And Conscripts

The purpose of the article consists in revealing access to justice during wartime in cases related to protection of rights, freedoms and interests of military personnel and conscripts. Active hostilities are taking place in most regions of Ukraine, and this makes it impossible to delivery justice in administrative courts. However, the High Council of Justice has resolved this issue properly, so access to justice in Ukraine during the wartime in cases related to protection of rights, freedoms and interests of military personnel and conscripts is currently possible in accordance with the Constitution of Ukraine. The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method as well as methods of analysis and synthesis. Conclusions. The article analyzes the decision of the ECtHR, and based on this, the author comes to the conclusion that financial costs are considered by the ECtHR as an obstacle to access justice. Access to court is effective only when a person will have a real opportunity to challenge wrongful actions in practice.
 Key words: access to justice, court, electronic justice, subject of public authorities, the war, protection of rights, freedoms and interests of military personnel and conscripts.

Informed consent of the patient for medical intervention during biomedical research

The article reflects the concept of «informed consent of the patient», indicates the normative regulation and consolidation of this concept, examines the issues of the right to give consent for medical research and the right to refuse to carry it out, analyzes the principle of a person’s free consent in the context of international legal acts, and the relevance of this topic for today is also emphasized.
 Human life is a complex and mysterious mechanism that combines physical and spiritual essence. Often, during the entire life path, a person faces various obstacles to his quality existence and comprehensive development. Some of these obstacles already exist in a person from birth, and some may arise during life. In one case, a person can overcome them on his own, in another, he needs the medical assistance of doctors, specialists in the desired direction. More serious obstacles, that is, diseases existing from birth or those that have arisen during life, require comprehensive, targeted treatment, which includes biomedical research or surgical intervention. Important in this aspect is the issue of the consent of a person - a patient to medical treatment and conducting biomedical research, as well as the normative definition and consolidation of such consent.
 Having studied, analyzed and researched the issue of «informed consent of the patient for conducting biomedical research», it is possible to come to the unequivocal position that this issue is very relevant and important today. It is mentioned and constantly improved in both international and national legislation. A person repeatedly needs medical assistance during his life.
 The right to life and health is guaranteed to everyone by the Constitution of Ukraine and should be unhindered for a person to exercise this right. The process of diagnosis and treatment depends only on the person himself and his free decision. Only with the patient’s consent is this or that study conducted. International legal acts indicate that a person’s failure to consent to medical intervention is considered an interference in his personal private life, a violation of his dignity and freedom.
 «Informed consent» includes not only the concept of consent itself, i.e. the free decision of a person, but also an explanation of a specific case or research procedure. And it largely depends on the specialist. Will he be able to convey and explain the patient’s problem, illness, actions correctly, fully and in an accessible form? Yes, free consent is given by a person, but the doctor also influences this decision to some extent. Patients’ freedom in choosing medical care methods is somewhat limited. The patient can choose only among those methods of medical intervention recommended by the attending physician or refuse treatment.
 That is why the question of «informed patient consent» will continue to be one of the most debated issues and will repeatedly be an excellent topic for research by young scientists.

РОЛЬ СТРАТЕГІЧНИХ КОМУНІКАЦІЙ У ФОРМУВАННІ ВЗАЄМОДІЇ УКРАЇНА-НАТО

The illegal and groundless aggression of the Russian Federation has formed new challenges and tasks in the field of strategic communications of NATO and Ukraine. The implementation of Ukraine’s strategic goal, which is fixed in the Constitution of Ukraine — membership in the Alliance — requires solving a number of communication tasks. And although NATO declares its commitment to the open door policy towards Kyiv, the difficult political situation in the United States related to the presidential election campaign , the slow European bureaucracy and internal processes in the EU, as well as concerns of the West about the use of nuclear weapons by the Russian Federation, hinder the transformation of the Alliance and harm the formation of effective interaction between Ukraine and NATO. As a result, communication between Kyiv and Brussels is declarative. In the absence of a political decision of NATO member states to determine a specific date for Ukraine’s accession to the Alliance, Kyiv is looking for new security formats that would allow to resist Russian full-fledged armed aggression. Currently, the preparation of bilateral and multilateral formats of cooperation with NATO member states in terms of security solutions has been intensified. Such formats are not an alternative to NATO membership. The Russian-Ukrainian war influenced the work and use of strategic communication by the North Atlantic Alliance in terms of the formation of interaction with Ukraine. The Alliance seeks to avoid any actions that would lead to an escalation of the situation on the eastern border of the bloc with the Russian Federation. In fact, the Alliance has delegated the function of communication with Ukraine to individual member states.

ЗВУЖЕННЯ ПРАВ МЕЖ РОЗСУДУ ЗА ВТРУЧАННЯ У ПРАВА І СВОБОДИ ЛЮДИНИ – ЗАКОН УКРАЇНИ «ПРО АДМІНІСТРАТИВНУ ПРОЦЕДУРУ» І СУДОВА ПРАКТИКА У ФРН СТОСОВНО ЗВУЖЕННЯ МЕЖ РОЗСУДУ

Goal. To determine the conditions and limitations during the application of administrative discretion, which are determined by the Constitution of Ukraine. Methods. The scientific provisions presented in the article are based on the use of general and special methods of scientific knowledge (logical-co-semantic method, comparative-legal, systematic, methods of analysis and synthesis, etc.), the choice of which was determined by the purpose and tasks of the research, its object and subject. The results. The article emphasizes that at the initial stages of the formation and development of European, in particular, German administrative law, the narrowing of discretion was not discussed in legal literature and law enforcement practice. However, the situation began to gradually change due to the strengthening of the importance and weight of fundamental rights, the observance of which during the exercise of discretionary powers is currently a mandatory standard. The author analyses the content of the duty of the administrative body to observe the human rights and freedoms guaranteed by the Constitution of Ukraine within the limits of administrative procedures. It is emphasized that for its implementation, the administrative body must clarify all the circumstances of the case, acting on its own initiative. The duty to establish the circumstances of the case is limited by what the administrative body is able to do and what is expedient in each specific situation. Particular attention is paid to the question of how the legal position of the addressee of the planned administrative act (action) should be taken into account in view of the provisions of the Constitution when making a decision on the basis of discretional powers. The author analyses the content of the following constitutional (fundamental) rights and principles (the right to equal treatment, proportionality) and formulates the positions that the administrative body should consider Conclusions. The central criteria for observing the rights and freedoms of the addressee of the event are the duty of equal treatment and the principle of proportionality. Since the reduction of discretion or narrowing it to zero is the result of the influence of the rights and freedoms guaranteed by the Constitution, the decision of an administrative body is considered legal if it was adopted within the available limits of discretion. And any other decision will be considered a significant interference with the addressee’s rights and freedoms and will no longer be proportionate. The same applies to the obligation to treat similar cases similar and treat different cases differently, because if the discretion of the administrative body is limited or reduced to zero, any other decision is a violation of the duty of equal treatment. These two criteria are clear requirements that administrative bodies must comply with when making decisions, and the verification of compliance with these criteria is carried out by administrative courts in accordance with Art. 2 KAS. This control applies to most cases of abuse of discretion, and therefore complex constructions of abuse of discretion are necessary only in some very special cases.

ДЕЯКІ МІРКУВАННЯ ПРО НАЦІОНАЛЬНИЙ ЗАХИСТ ГРОМАДЯНСЬКИХ ПРАВ ЛЮДИНИ

The doctrinal and normative legal definitions of the concept of human civil rights, as well as national guarantees for the provision of civil rights, their types and possible ways of improvement are considered in the article. The authors analyze the concept, legal and philosophical basis of the implementation of human rights in the international and national aspect, relying on the texts of international documents, as well as the scientific research of foreign and Ukrainian scientists in the fields of the theory of the state and law, international law and constitutional law. The authors believe that the concept of human rights and, in particular, human civil rights, has not been unchanged throughout its history, and if at the first stages of its development it was connected with a person's belonging to the state ("citizenship"), it gradually almost lost this connection . An analysis of the modern meaning of the concept of "civil rights" shows that the modern Ukrainian translation of the title of the 1966 Covenant: "International Covenant on Civil and Political Rights" is misleading, ambiguous and does not reflect the essence of the concept of "civil human rights" in international context. There is a possibility that Ukrainian legal science will find another equivalent of the term "civil rights" in the sense of basic human rights. As a possible option, a fairly meaningful replacement option is offered - "fundamental (essential) human rights and freedoms according to P.M. Rabinovych. The authors draw attention to the fact that the concept of national guarantees of ensuring civil rights is not always given by scientists. To them in the broad sense should be attributed state, that is, which belong to this country and concern its people, reflect its character, features and social activity, positively acting conditions and means that ensure their actual implementation. Since the natural rights of a person and a citizen, enshrined in the Constitution of Ukraine, are not exhaustive, an important guarantee of the protection of these rights should become a modern understanding of spiritual values. Keywords: civil rights, natural rights, basic civil rights, fundamental (essential) human rights and freedoms, national guarantees of ensuring civil rights.

Administrative and legal responsibility for violation of electoral rights based on the Constitution of Ukraine

Administrative and legal responsibility for violation of electoral rights based on the Constitution of Ukraine

DIRECTIONS FOR FORMING AN INSTITUTIONAL MECHANISM FOR DEVELOPING A STATE GENDER POLICY

The article examines issues of the existing institutional mechanism for developing a national gender policy. Issues of equality for women and men are guaranteed by the Constitution of Ukraine and other legislative acts. The paper highlights the necessity for integrating the gender approach in all areas of state policy. The author analyzes functions of various state and local authorities responsible for implementing a standard policy on gender equality. The paper highlights that the institutional framework of the national gender policy is a complicated and complex issue that encompasses various areas. The author emphasizes that gender equality is the equal legal status of women and men and equal opportunities for its realization, which enables individuals of both sexes to participate equally in all the areas of public life. The paper contains a comprehensive analysis of the state mechanism for ensuring gender equality as a system of international, national, regional, and local institutions aimed at establishing the principles of gender equality in various areas of social life and guaranteeing the development of gender strategies and a corresponding state gender policy. The research results in developing ways for combating gender inequality in governmental institutions (statistical, sociological, normative, informational, and educational ones).

Окремі питання санкції кримінально-правової норми

The sanction of an article of the Special Part of the Criminal Code of Ukraine reveals the legal aspect of criminal punishment. It determines the type and amount of punishment for a criminal offense. Depending on the degree and nature of the public danger, the sanction of a criminal law provision sets out what restrictions a person is subjected to, which may relate to specific personal, property, and other human and civil rights and freedoms provided for by the Constitution of Ukraine. The protection of human rights and freedoms is a priority for the state. The fight against crime is carried out through the imposition of punishment necessary and sufficient to reform the convicted person and prevent the commission of new criminal offenses. In the sanction of the article of the Special Part of the Criminal Code, the type and limit of punishment are established to achieve the goals set out in Article 50. Accordingly, the sanction should correspond to the social danger of the act, provide opportunities to individualize the punishment, consider the principles and general principles of sentencing, etc. The content of the sanction determines the achievement of the goals of punishment, including punishment, correction of the convicted person, and prevention of new criminal offenses. The degree of the socially dangerous act committed, the ability to individualize the punishment, considering the principles and general principles of sentencing, and being consistent with sanctions for crimes of a similar type and nature play an essential role in the design of sanctions. An analysis of the controversial issues is necessary to further improve the sanction of criminal law provisions. The issue of a large amplitude between lower and higher limits of punishment, lack of consistency in the central and qualifying elements of a criminal offense, and many main punishments in the sanctions for one criminal offense are discovered. Keywords: sanction of criminal law provision, crime, individualization of punishment, content of sanction, combating crime.

A person VS the state: studying access to justice

The purpose of this article is to expand the access to justice research agenda by focusing on a person’s identity in dispute with state authority. Keeping in mind that everyone should be able to challenge governmental actions and decisions adverse to their rights or interests, in- depth research on access to justice in “a person vs the state” disputes which takes place in courts of administrative jurisdiction, is needed. The methodology of the research acknowledges the unavailability of statistical data about the litigants, and the finding of the study which shows that different groups defended their rights with varying degrees of success. Thus, an innovative approach to the analysis of the Supreme Court judgements was used. It envisions leaving aside legal issues such as statutory interpretation, and instead examines the judgements through the lens of litigant’s characteristics. The findings show that the judgements of the Administrative Court of Cassation within the Supreme Court reflect the diversity of characteristics of persons who apply to administrative courts, including categories directly named in the Constitution of Ukraine as well as not specifically mentioned in it, such as war veterans, IDPs, etc. The financial status of the litigants varies from low-income to quite wealthy, and a certain category of plaintiff is not limited to one type of specific legal problem. For example, “property owners” challenge the decisions of state agencies in a wide range of areas: taxation, urban planning, social benefits, freedom of movements, etc. However, the vast majority of “a person vs the state” disputes concern the refusal to provide some benefits rather than action against a violation of human rights and fundamental freedoms. This can be seen as a Soviet legacy to perceive the state as a welfare provider. Following the people-centered approach to access to justice is essential to reorient the court statistics from “cases and files” to litigants and their characteristics which allow to relay on data to find out whether there is any connection between some features (characteristics) of litigants and types of lawsuits.

Fire training of cadets of the Military Academy with specific conditions of training under martial law

The activity of law enforcement officers in the National Police entails significant responsibility, requiring them to be highly disciplined and knowledgeable in their work, guided solely by the Constitution of Ukraine and Ukrainian legislation. Human life, honor, and dignity are the most valuable assets in our state. To ensure law and order and protect the lives and health of the population, law enforcement officers undergo relevant training in firearms, tactical, and psychological readiness. Knowledge of firearms training is essential, as when using firearms, a police officer must be well- versed not only in the technical aspects of weapons but also in the legal framework that governs the use of firearms.
 Firearms training in the police is designed to enhance the skills and resilience of cadets in shooting, increase their attentiveness and vigilance, and elevate their level of discipline. Equipped with these skills, cadets can confidently perform their duties, responding promptly to changing situations and fulfilling their professional obligations. In order to learn how to work with firearms, cadets must also acquire skills in tactical and special operations, practicing in creating optimal shooting positions, analyzing and assessing the terrain, conducting shooting, and making quick decisions. Cadets must have a clear understanding of when the use of force is permissible, anticipate the potential consequences, and know how to report the use of firearms to their superiors.
 Although firearms training in the National Police demands a comprehensive set of knowledge and skills, it is of paramount importance, considering that every police officer risks their life in the line of duty to protect the community and its citizens. A well-prepared police officer is the key to successful crime prevention and the preservation of public safety. Therefore, firearms training for cadets in the police is an essential element that ensures the safety of urban residents and fosters proficiency in police operations. Discipline in firearms training is a fundamental aspect of education in institutions of higher learning with specific training conditions. This work emphasizes the significance of this subject overall and the peculiarities of such training in wartime conditions.

The issue of legal provision of gender equality in labor relations in Ukraine during the war

The article deals with current issues of legal provision of gender equality in labor relations in Ukraine, in particular, in the conditions of martial law. It is noted that the basis of Ukrainian legislation regulating the issue of gender equality in labor relations is international legal documents, which define approaches to the establishment of equal gender rights. In particular, the national legal framework on issues of gender equality in labor relations consists of: the Constitution of Ukraine, the Code of Labor Laws of Ukraine, laws of Ukraine "On ensuring equal rights and opportunities of women and men”, "On employment of the population”, "On the principles of prevention and countering discrimination in Ukraine”, "On wages”, "On holidays”, "On labor protection” and others, as well as resolutions of the Cabinet of Ministers of Ukraine and decrees of the President of Ukraine in this area. It was concluded that in order to achieve gender equality in Ukraine, it is necessary not only to establish the principle of equality by adopting the relevant legal norms, but also to create an effective mechanism for the implementation of these norms. Since the formation of an effective organizational mechanism for ensuring the implementation of gender policy, that is, an effective policy of equal rights and opportunities for women and men, is a mandatory condition for the operation of a democraticindependentlegal state,thedevelopment of an informed civil society and the perspective of European integration. It was established that even today international organizations emphasize the relevance of gender issues in Ukraine, despite the presence of international and national legal acts designed to solve the problems of gender inequality in the labor market. The lack of consistency, systematicity and coordination of joint efforts of state institutions and civil society organizations prevents the achievement of significant changes in overcoming gender inequality. It has been established that today, in the conditions of a full­scale war, the state is already taking certain steps in this direction, which are aimed, first of all, at adapting the sphere of work and labor relations to the present. In particular, the Ukrainian authorities, together with public organizations and international partners, intensified work on building a system for responding to and countering any type of violence, helping victims of war and ensuring equal opportunities for women and men.

Equality and non-discrimination: some issues of implementation

The path of Ukraine as a legal democratic state to the European space determines such primary activity directions and fundamental values as human rights and freedoms. That is why their consolidation is carried out at the legislative level, including the provisions of international treaties in this area. Nowadays in Ukraine, human rights are legally defined, including, in particular, the right for an equality and protection from discrimination. Therefore, issues of equal treatment guarantee (constitutional equality principle), irrespective of nationality, race, gender identity, ethnic origin, religion, physical disabilities, age, etc., are remain up-to-date. However, non-discrimination principle is still not enshrined in the Constitution of Ukraine, as well as efficient mechanism that would enable implementation of this principle. So, currently, principles of an equality and non-discrimination are remain quite disputable among scientific community. Firstly, it concerns terminological apparatus. In theory alongside with the term «equality» use the term «equity», they are either interchange or being used as part and whole – «equity» includes both equality and non-discrimination principles. Secondly, the current legislation is inconsistent in terms of the regulation of general provisions on equality and non-discrimination. However, on Ukraine`s way to European integration, it is important to take into account the provisions of world standards on the protection of human and civil rights and freedoms, in particular the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Civil and Political Rights, Convention for the Protection of Human Rights and Fundamental Freedoms, 1950 Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, which is prerequisite for the harmonious development of Ukraine as a European state. Key words: law, rights and freedoms, constitutional principle, equality, equality, equality, non-discrimination, person, citizen.