Modernization Issues of Staffing the Penal Enforcement System in the Context of Formation of an Administrative Constitutionalism Doctrine in Modern Russia

Introduction: today the state policy in the sphere of public service and PES staffing is focused on providing penitentiary institutions with competent and skilled specialists capable of performing state tasks in the field of execution of criminal penalties in difficult conditions. The processes of formation and development of the staffing system, meeting modern needs of the state and society development, are due to a variety of political, social, economic, legal and organizational factors that have both external and internal effects on its functioning. Neutralization of negative factors is possible only by increasing the efficiency of management activities in the PES as a whole and staffing in particular. The purpose of this article is to identify key directions for elaboration of administrative legislation in the field of public service and staffing the penal enforcement system in the framework of a new stage of constitutional transformations in modern Russia. The methodological basis of the work is formed by general scientific and private scientific (logical-legal, comparative-legal, descriptive, content analysis) methods of cognition of legal reality. Conclusions: the proposed directions for the formation of a theoretical doctrine of public service and PES staffing on the basis of integrative legal understanding of processes and phenomena of social development, improvement of administrative legislation on public service in the PES through its further constitutionalization, development of personnel policy through the adoption of the Concept for personnel policy in the penal enforcement system will lead to a systematic change in the mechanism of staffing the penal enforcement system, strengthening its resistance to countering threats of a criminal nature, and enhance performance of penitentiary institutions in general. The scientific and practical significance of the work consists in substantiating practical proposals for improving current administrative legislation in the field of public service and PES activities.

Ensuring the rights of refugees in case of bringing administrative responsibility as a guarantee of realization of their legal status in Ukraine

Problem setting. One of the important factors that play a key role in the observance of human rights and freedoms, including such categories of foreign citizens and stateless persons as refugees in case of administrative prosecution - is the functioning of state institutions to guarantee these rights, the use of all. The decisive place in this problem belongs to the activities of the state of Ukraine, which in connection with the formation of social relations related to the stay of refugees on its territory, protection of this category of persons from political persecution , should ensure the adoption of relevant legal acts aimed primarily at the protection of rights and freedoms. administrative penalty. As a result, there are real risks of violating the rights and freedoms of the person to whom these penalties apply. Analysis of recent researches and publications. Problems of protection of rights and freedoms of refugees in case of bringing them to administrative responsibility were devoted to the work of such scientists as: V. Averyanov, O. Bandurka, O. Bezpalova, Yu. Bityak, O. Dzhafarova, A. Komzyuk, V. Komzyuk, D. Lukyanets, O. Muzychuk, D. Priymachenko, O.S. Pronevich ect. The purpose of the article is to investigate and analyze the importance of ensuring the rights of refugees in case of bringing them to administrative responsibility, to consider this issue as one of the guarantees of legal status of refugees in Ukraine. Article’s main body. The article considers the issue of observance of the rights and freedoms of this category of foreign citizens and stateless persons as refugees in case of committing offenses and bringing them to administrative responsibility. The issue of ensuring both international legal acts approved by the Verkhovna Rada of Ukraine and legal documents on behalf of the state of Ukraine gives grounds to believe that in case of involvement of this category of persons (if they are in Ukraine legally) to administrative responsibility, they have the same rights as citizens of Ukraine. Conclusions. The peculiarities of the relevant provisions of the administrative legislation of Ukraine on the peculiarities of bringing foreign citizens and stateless persons, including refugees to administrative responsibility, are analyzed. The significance of the ratio of observance of the rights and freedoms of refugees in case of bringing to administrative responsibility and necessity of non-alternative fulfillment of requirements of legal norms of the current administrative legislation of Ukraine is determined.

Features of Administrative-Legal Methods in the System of Methods of State Regulation

The article analyzes the system of methods of administrative and legal influence, identifies their essential features, which are determined by various criteria (implementation goals, scope of application (public administration), public relations (administrative and legal), subjects (authorized bodies and officials) and objects of influence (individuals, legal entities), types of administrative activities (administrative-managerial, administrative-jurisdictional and administrative-judicial)). We classify administrative methods on various grounds (scope of influence, orientation, form, content) and give a characteristic of the considered methods in the modern administrative legislation. We pay special attention to administrative and procedural methods, formulate possible ways of improving their legal regulation taking into account general trends in the development of the sphere of public administration in general and individual areas of administrative activity

Improvement of administrative and legal support of preparation of citizens for military service

The purpose of the article is to determine the directions for improving the administrative and legal support for the preparation of citizens for military service.The article substantiates that the preparation of citizens for military service is a special type of activity of the de-fense forces and other subjects, aimed at developing a complex of motivational, emotional-volitional and cognitive qualities, knowledge, skills and abilities necessary for successful military service in a civilian. It has been deter-mined that the subject of preparing citizens for military service is. Such a subject is not a serviceman, but a person who, with a certain degree of probability, can enter military service. This makes the procedure for organizing this training fundamentally different from the traditional hierarchical system of subordination with the observance of the principle of one-man command. Considering that the subjects of training are the Ministry of Defense of Ukraine, other central executive bodies, local state administrations, local self-government bodies, bodies of the Society for the Assistance to the Defense of Ukraine, as well as other associations of citizens are involved with their consent in accordance with their charters, a set of rights and obligations of subjects training is determined by legal acts regu-lating their legal status.Based on the analysis of legal acts, the author concluded that the competence of these subjects is not specific: many of them are indicated that they “contribute to the preparation of young people for military service,” and what is such assistance, goals, objectives, principles of such training, how are those responsible for her face remains uncertain. This contributes to the formalization of the activities of some entities for which the activity to ensure the state’s defense is not the main one. This necessitates the delimitation of the competence of the subjects of prepara-tion for military service, assigning specific areas of work to each of them, increasing the transparency of these types of activities, if this is not related to the observance of state secrets, creating objective criteria for assessing such activities and fixing the relevant provisions in acts of administrative legislation.

Responsibility for Dissemination of Knowingly False Information

The article is devoted to the analysis of the compositions of crimes «Public dissemination of knowingly false information about the circumstances that pose a threat to the life and safety of citizens» (Article 207.1 of the Criminal Code of the Russian Federation) and «Public dissemination of knowingly false public information, which caused serious consequences» (Article 207.2 of the Criminal Code of the Russian Federation). The article compares the objects of these crimes, elements of objective and subjective parties, an attempt is made to distinguish these compositions. In addition, the work is carried out and comparative analysis of these criminal offences with similar administrative offences. The analysis showed problems related to the practical application of the rules on the offences under consideration and concluded that the need for amendments to criminal and administrative legislation should be made.

DEGREE OF SCIENTIFIC SUBSTANTIATION AND ADMINISTRATIVE AND LEGAL SUPPORT OF CONSTITUTIONAL FUNDAMENTALS OF STATE AND CHURCH RELATIONS

The article analyzes the development of scientific thought on the administrative and legal support of relations between the state and the church, as well as reveals the current state of national administrative legislation in the field of religion. It has been established that in the doctrine of administrative law studies of administrative and legal support of relations between the state and the church are of a fragmentary nature. This has a negative impact on the administrative and legal regulation of public relations in the sphere of religion, on the effectiveness of public government bodies implementing state policy in the sphere of religion, and on the state of protection of believers in Ukraine. It is concluded that the state of scientific substantiation of administrative and legal support of the constitutional principles of relations between the state and the church remains unsatisfactory in Ukraine. It is substantiated that in modern conditions of society development, the church, despite all the restrictions enshrined in the constitutional principles of relations between the state and the church, is an active participant in administrative relations. However, the imperfection of the existing mechanisms for the implementation of the right to freedom of religion and the constitutional principles of state-church relations, as well as gaps in the current administrative legislation sometimes lead to the fact that in practice these constitutional provisions are either not implemented in practice or implemented in full or in part, which, in its turn leads to tensions in society over freedom of religion and the activities of religious organizations.

REVIEW OF THE MONOGRAPH "CORRUPTION-RELATED OFFENSES: ADMINISTRATIVE LEGAL GROUNDS OF COUNTERACTION" BY V. FRANCHUK AND D. D. KORECKA-SZUKIEWICZ (WARSAW: PUBLISHING HOUSE "DIFIN")

This monograph is the first comprehensive study in Ukraine on administrative liability for corruptionrelated offenses. Research considers: concept and signs of corruption; progress of legislation on administrative liability for corruption-related offenses; regulation of liability for corruption-related offenses in legislation of foreign countries; objective features of the corpus delicti; subjective features of the corpus delicti; theoretical and applied problems of liability for corruption-related offenses; prospects for improving of liability for corruptionrelated offenses. Legal analysis of provisions of current administrative legislation of Ukraine on liability for committing corruption-related offenses and anti-corruption legislation of the Republic of Poland was made during the research.

LEGAL ENFORCEMENT DECRIMINALIZATION IN THE CONTEXT OF ECONOMY OF CRIMINAL IMPACT MEASURES: CONCEPT, SIGNS AND IMPLEMENTATION PROBLEMS

The article examines decriminalization, which is a method of criminal law policy. The author substantiates the division of decriminalization according to the forms of its implementation into legislative and law enforcement. The legal nature of law enforcement decriminalization is analyzed. On the basis of the features identified by the author, its concept is formulated. The problems of the implementation of law enforcement decriminalization associated with the interpretation of evaluative features, the presence of legislative problems expressed in the intersectoral inconsistency of criminal and administrative legislation, as well as the formulation of qualifying signs of individual offenses that are not related to the commission of an act that forms the main body of these crimes are noted. Based on the study, analysis of legislation and theoretical views, a conclusion is made about the existence of a legislative basis for law enforcement decriminalization, it is argued that the phenomenon under study is one of the most important components of the law enforcement economy of criminal law impact, contributing to the implementation of the principle of fairness of criminal law and criminal liability.

Correctional labor as a type of administrative penalty

Introduction. Correctional labor is one of the established measures of administrative coercion at the legislative level. Their introduction was facilitated by the development and improvement of the administrative law of the Ukrainian SSR with the aim of the qualitative implementation of the jurisdictional activities of the state. At the same time, in science, the issue of the institution of correctional labor remains controversial and controversial. This is due to the fact that the need for the existence of this institution is being criticized due to: first, the need for modern administrative law in this institution; second, the compliance of correctional labor with the goals of administrative punishment; third, the progressive development of administrative legislation. The purpose of the paper is in the study of correctional labor as one of the types of administrative penalties and the determination of further prospects for their application. Results. Correctional labor is an administrative penalty that is applied exclusively by the court to the offender, and which consists in imposing on him the obligation to be involved in work at the main place of work, for a certain period, with the deduction of a part of the wages in favor of the state. Studying the legal nature of corrective labor as a type of administrative punishment, as well as the problems of their implementation, it is concluded that this type of punishment is a relic of the Soviet era, when one of the ways to reeducate the offender was an established team, its labor activity and public reprimand within the labor collective. Conclusion. The system of administrative penalties, enshrined in Art. 24 of the Code of Administrative Offenses of Ukraine should be optimized. We propose: firstly, this type of administrative penalty, as correctional labor, should be excluded from Ukrainian legislation; secondly, instead of corrective labor, it is advisable to establish the possibility of assigning community service for committed administrative offenses.

Features of Coordination Activities of Prosecuting Authorities of Ukraine in the Field of Combating Crime and Corruption

The article presents the substantiation of theoretical provisions and the development of practical recommendations for improving the coordination of prosecuting bodies of Ukraine in the field of combating crime and corruption based on studying the features of such coordination. It is proposed to understand the coordinative activity of prosecuting bodies as the direct activities of prosecutors to the organization of interaction between public authorities and the prospect of achieving the goal based on compliance with the rule of law. It is established that coordination of law enforcement agencies, including prosecuting authorities, in the context of combating crime and corruption should be based on the principles of the rule of law, legality, independence and equality of the subjects which carry out coordination activities, the obligation to implement measures to combat crime and control the implementation, systematic and complete use of various forms of coordination activities, publicity and openness in implementation of coordination measures, independence of bodies involved in decision-making, based on the results of coordination activities, the responsibility of heads of prosecuting bodies for the results of high-quality and timely coordination of measures to combat crime and corruption. It is proved that properly organized relations between the prosecuting bodies give grounds for increasing the effectiveness of the implemented measures in combating crime and corruption. It is suggested that the prospects for further research improve the administrative legislation governing the activities of the prosecuting authorities of Ukraine in combating corruption.