THE CONSTITUTIONAL RIGHT TO A JURY TRIAL AND A FAST TRIAL: THE EXPERIENCE OF THE UNITED STATES

The article is devoted to the consideration of the constitutional right to a trial by a jury, as well as the right to a speedy trial in accordance with the provisions of the Sixth Amendment to the US Constitution. It is noted that as of today in Ukraine there is a question of ensuring the actual (real) participation of the people in the administration of justice and the creation of an appropriate mechanism for the realization of such a right of the people. It is established that the permanent evolution of the jury trial in the world as a full-fledged element of participatory democracy allows us to assert the possibility of applying the best foreign experience in this area and for Ukraine. It is noted that the jury trial, which is typical for the United States, is undoubtedly a consequence of the borrowing of English legal customs, but has its own special features. It has been established that the right to a speedy trial should be distinguished from other constitutional rights, as it concerns the interests of society and the justice system more than the interests of the accused. The circumstances that suggest whether a trial is in fact "fast" are rather vague, as each such proceeding is to some extent unique. The requirements for members of the jury are set out in the Jury Selection Act. It is noted that the release of jurors varies depending on the state. One of the grounds for such dismissal is professional activity. For example, doctors, lawyers, public figures, police or firefighters. At the same time, this practice is gradually ceasing to be natural. It is concluded that the jury trial as a form of public participation in the administration of justice is undoubtedly a democratic legal institution. Direct democracy in the exercise of judicial power, which is carried out in compliance with the principles of publicity and adversarial proceedings promotes the establishment of citizens' faith in the fairness of judicial decisions.

LEGAL INSTITUTION FOR DEMOCRATIC CIVIL CONTROL OVER ACTIVITY OF SECURITY AND DEFENSE SECTOR OF UKRAINE: STATE-OF-THE-ART OF NORMATIVE LEGAL REGULATION

The article is dedicated to study the status of legal regulation of legal institution “Democratic civil control over activity of security and defense sector of Ukraine” and to substantiate the theoretical recommendation as regards improvement of military and security legislation. It has been proved that uncontrollable military organizations and law enforcing bodies of the state bring potential danger both individuals and society’s humanistic values. They are dangerous because of unbalanced mechanism of the democratic civil control. Disruption of containment mechanism and counterbalance in the power separation system in the state, usurpation of power by one person or group of people can paralyze not only power itself but other institutions of society. Subjects of state segments for democratic civil control turn to be the attendant bodies of political will by one person, the certain cover-up and justification of unlawful violation. Under those conditions the civil monitoring of institutions in the security and defense sector of Ukraine becomes inefficient. Their subjects experience limitations: such as access to information of law-enforcement authorities and military formations; implementation of freedom of expression. Most of substantial reactions are left unattended by state jurisdiction and military administration. Their legal status also remains imperfect and deprived of real impact gears on the objects under control. It has been proved that in order to ensure efficiency of openness and transparency in activity of Security and Defense Sector it is required to implement the complex of organizational and legal measures such as an active elucidative campaign for the purpose of bringing to essentiality, goal, form and tools of public control over SDS and to consolidate new philosophy where the civil control will take leading place. The certain declaratory of the most mechanisms of civil control institution have been deduced herein. The means to improve situation in this field are proposed to be developed by participation of interested subjects both public administration, members of public monitoring and subsidiary objects of new special law. By its developing the negative and positive experience of civil control has to be taken into consideration. The other way to secure the effective mechanism of democratic civil control over SDS is to specify statutory norms for SDS in the law of Ukraine.

ENVIRONMENTAL LITERACY AS A FACTOR OF CONSOLIDATION OF UKRAINIAN SOCIETY

Emerging economy based on innovation, technological progress creates new sources of growth, reinterpreted with environmental positions the principles of interaction with the environment. The relationship of social systems with the components of the natural environment is established through complex correlations of different orientation and depth. Therefore, the level of general scientific study of the processes of interaction between state, society and nature form a new integrated interdisciplinary approaches that integrate and form an unconventional device methodological study of this area. Ecological literacy, which is expressed in the development, justification, and most importantly the practical implementation of optimal methods of environmental impact, can serve as an indicator of social maturity, which determines the nature of personal participation in the process of man-made impact on the environment. In the long term ecological literacy must become an integral part of literacy work and find a real reflection of a system of criteria for socio-economic evaluation of production results as every labor collective and the individual. In modern conditions, the most important trend in business development is socialization, which means: first, active involvement in solving priority social problems of enterprise development, the region and the state as a whole; secondly, clearly defined socially oriented investments of enterprises in the improvement of the internal and external environment, in corporate social programs; third, various forms of charitable and sponsorship activities. Response to environmental risks must become conscious of the need for greening of consciousness and life in Ukraine. That is, learning certain environmental perceptions and attitudes towards nature and implementation in daily practice technologies that do not cause irreparable damage to the environment, changing lifestyles of people to safer spread respect for natural resources. The solution to all these issues requires a thorough environmental legal framework will be to: broad international cooperation in the environmental field to address environmental safety and environmental protection; ensuring social and environmental security; monitoring the problems of ecologically oriented lifestyle in Ukraine according to the method of "Green Barometer" (the Green Barometer); the introduction of new technologies in Ukraine; the need to develop principles for the transition from economics to energy economics.

LEGAL MEANS AND INSTRUMENTS OF REGULATION ECONOMIC RELATIONS IN UKRAINE

The paper investigates the most optimal forms and methods of legal influence on public relations in the field of economics. The absence of the main element of the economic mechanism – competition requires a proper assessment of the causes of existing problems, the right choice and the optimal set of means of influencing economic relations in order to accelerate the socio-economic development of Ukraine. Among the numerous legal problems of state regulation of the socio-economic sphere, two are identified, which are interdependent – ensuring the stability of the hryvnia exchange rate and increasing the share of goods of own production in the domestic market. To ensure the stability of the hryvnia exchange rate, the need to fix it for a long time with the establishment of an allowable range of fluctuations, in which the exchange rate changes in both directions with equal probability, is substantiated. The devaluation of the exchange rate should not be planned in the State Budget and used as a way to hide its actual deficit. The real budget deficit should be determined by the sum of the percentage of hryvnia devaluation and the percentage of the planned direct budget deficit. The hryvnia exchange rate should not be fixed in the State Budget, as such a provision of the law releases the National Bank of Ukraine from the constitutional obligation to ensure the stability of the hryvnia exchange rate provided for in Art. 99 of the Constitution of Ukraine. The means of maintaining a stable hryvnia exchange rate is to increase the share of goods / services of own production in the domestic market and to reach the minimum critical level of 50% within one or two years. To assess the achieved level, it is not necessary to use statistical indicators, but only the actual amounts of VAT contributed to the budget received from the sale of goods / services. Achieving the proposed level involves the transition to innovation and investment model of economic development. Two own sources of investment are proposed – the introduction of a new tax on exported capital and the forced legalization of capital exported from Ukraine earlier.

THE HUMAN RIGHT TO THE PROTECTION OF PERSONAL DATA ON THE INTERNET: THEORETICAL AND LEGAL ASPECTS

The article is devoted to the analysis of theoretical and legal aspects of the human right to the protection of personal data on the Internet. The author believes that at the present stage the field of personal data protection on the Internet is becoming especially important, linking it with the universal importance of communication that occurs within the Internet, as well as the threat of unauthorized dissemination of information through it. The right to the protection of personal data is considered as one of the forms of realization of the human right to the respect for his private, family life, in the context of his inviolability on the Internet. Scientific intelligence begins with a review of information protection models that have emerged in the world. Yes, we are talking about the American, European and mixed models. However, the article provides an overview of the acts adopted by the relevant European institutions in this area. In addition, the article examines the experience of some foreign countries in ensuring the human right to the protection of personal data on the Internet, in particular Brazil, France and the Republic of Belarus. The author notes that the protection of personal data involves a number of positive and negative obligations of the state and individuals. Negative obligations are aimed at prohibiting the processing of personal data without the consent of the person to whom the specific information relates. The positive obligations of public organizations and individuals (organizations) are to comply with the established legal regime of personal data processing, including the use of appropriate technical means. That is, the author emphasizes that the legal obligations in the context of ensuring the right to protection of personal data on the Internet are imposed not only on the state, but also on Internet service providers, owners of online services and websites, etc., given the possibility that they have access to personal information.

RELEVANT ISSUES OF LEGAL REGULATION OF THE INSTITUTE OF HEADMAN IN UKRAINE: THEORY AND PRACTICE

The article highlights the conceptual vision of the role and place of the headman in the system of local self-government in Ukraine, provides a comprehensive description of its formal and material criteria. The idea of ​​allocating two stages of legislative regulation of this institute is substantiated. The first stage: February 2015 - July 2020. The second stage: July 2020 - to the present. It is emphasized that in the current municipal legislation of Ukraine there are low legal gaps that do not allow to establish a transparent procedure for selection of candidates for the post of mayor, as well as a clear procedure for approval of the mayor at the session of the council. Attention is drawn to the fact that during this period the procedure for appointment to the position of headman has changed significantly - from direct elections to local elections to approval at a session of the local council on the proposals of the relevant chairman. Some dynamics of legal regulation of social relations of the institute of headmеn is due to attempts to find the optimal format of such an institution in the system of checks and balances in the quadrangle: villagers, settlements - council - the corresponding chairman - the headman. It is noted that the headman should be a true representative of the interests of residents in relations with the relevant chairman and representative body of local government. At the same time, among the topical issues of the legal status of the head should be the definition of his place in the structure of executive bodies of local self-government (I believe that it is necessary to leave a guaranteed place in the executive committee of the local council). Attention is drawn to the need to establish a clear and transparent procedure for selecting candidates for the post of headman. Clear criteria must be developed and approved for the objective selection of candidates and their public discussion before approval. Proposals are made that qualitative and quantitative criteria for the formation of headmеn`s districts should be enshrined in the current legislation of Ukraine. It is noted that special attention should be paid to the professional and personal qualities of headman, the process of its training and retraining, advanced training of headman as an effective representative of the interests of residents. Addressing such issues will contribute to the formation of a balanced system of local self-government in the village, town and city.

TRANSFORMATIONS OF POLISH DEMOCRACY IN THE PERIOD OF THE XX - BEGINNING OF THE XXI CENTURY

The article is devoted to the study and scientific understanding of the process of formation and evolution of Poland as a modern democratic European state. The importance of the influence of the democratic traditions of the Polish people on the formation of the current model of the state system of the Republic of Poland is pointed out. The general chronological framework of each of the periods of democratization of Polish society, starting from the times of "noble democracy", has been established. The main characteristics of the stages of democratic development of Poland up to the present period are determined. The main factors that influenced the course of democratic transit in the Polish state have been clarified. It turns out that the peculiarities of modern Polish statehood are due to the historical traditions of Polish democracy, the mentality of the Polish people, membership in the EU and other international organizations. It is emphasized that the implementation of economic and institutional transformations in the Polish state in the post-Soviet period was accompanied by the simultaneous formation of civil society. It is established that the result of democratic transit in the Republic of Poland is a liberal democracy of the western type with a certain bias towards social democracy. Emphasis is placed on the decisive role of European integration processes in the establishment of the Republic of Poland as a democratic, legal and social state. Based on the analysis of current legislation and ongoing reforms in the law-making sphere, the main factors that determine the existing systemic threats to the rule of law and democracy in Poland at the present stage of its state-building have been identified. It is stated that Polish democracy at present shows some negative tendencies, but it is unlikely to collapse due to the current challenges, as the Republic still maintains a balance between state power and political freedom of citizens and their associations and the general atmosphere in Polish society remains open and free.

CURRENT STATE AND PROBLEMS OF LEGAL STATUS OF THE PARLIAMENTARY OPPOSITION IN UKRAINE

The analysis of the current state of the legal status of the parliamentary opposition in Ukraine has been performed; it also describes its features and problems related to non-recognition of the subjectivity of the parliamentary opposition, the lack of proper legal regulation of its rights, responsibilities, guarantees and limits of activity. It was stressed that the non-institutionalization of the parliamentary opposition causes the opposition political forces in the Verkhovna Rada of Ukraine to have no corresponding responsibilities for forming a shadow government, preparing an alternative program of government activities, observing national interests, banning abuse of rights and guarantees, etc. At the same time, de facto opposition parliamentary factions and groups, individual MPs of Ukraine to control the activities of the coalition and the government can carry out some effective parliamentary means and procedures (inquiries, government hearings, initiating parliamentary inquiries, constitutional appeals, etc.), which lays the foundations of opposition activity in the Verkhovna Rada of Ukraine. It is established that the peculiarities of the domestic legal system, insufficient development of parliamentarism and political system actualize the complex constitutional and legislative regulation of the bases of organization and activity of the parliamentary opposition in Ukraine, including the order of its formation, rights and responsibilities, guarantees and procedures, relations with the coalition and government. It is substantiated that the institutionalization of the parliamentary opposition in Ukraine should be aimed at real ensuring its constructive cooperation with the majority, as well as on observance of the rights of the opposition regarding representation in the leadership of the parliament and its bodies, control of the activities of the majority and the government, publication of its position in the parliament. The priority of improving the legal status of the parliamentary opposition in Ukraine should be not only the clarification and expansion of its rights, but also the formation of effective mechanisms for their implementation, ensuring accountability for violations of opposition`s rights.

LEGAL BASES OF LEGAL RESPONSIBILITY OF TERRITORIAL COMMUNITIES

The article investigates the issue of legal principles of legal responsibility of territorial communities as individual subjects of law and legal relations. The approaches in science on issues of separating territorial communities as separate legal entities from local self-government bodies and their officials acting on behalf of such territorial communities are highlighted. It is emphasized that there is an urgent need to coordinate the provisions of various laws for this purpose. The issue of constitutional and legal principles of the legal status of territorial communities as owners as participants in civil and economic legal relations, the principles of their civil liability, the features of which are due to their public-legal status, are highlighted. The issues of public (municipal) responsibility of territorial communities are highlighted and especially attention to the issues of budget-legal responsibility of territorial communities, the objects of the property of the local budget may be applied to the measures of influence in the form of returning budget funds to the relevant budget in case of non-targeted use of funds Subviations, as well as in the form of an unconditional removal of funds from local budgets, if there was a place of expenditure, local budget lending, which in accordance with the Budget Code of Ukraine should be held from another budget. It is emphasized that an important aspect requiring detailed scientific analysis is also the issue of recognizing territorial communities of cities, subjects of responsibility to international financial organizations as a result of collecting budget borrowings in the form of loans. The issue of state immunity in such relations (including limited) is the subject of regulation of domestic and international law, but the immunity of territorial communities is a new direction of research. Also, today the issues discussed and in certain states have found a legal consolidation of the bankruptcy of territorial communities, which, as a negative of all sides of the legal phenomenon, should be prevented in Ukraine.

CONFIDENTIALITY AS A FUNDAMENTAL PRINCIPLE OF THE ORGANIZATION AND ACTIVITY OF THE ADVOCACY

In the article, the author investigated confidentiality as a principle of the organization and activity of the advocacy. The difference between confidentiality and attorney-client privilege was analyzed. The author concludes that confidentiality as a principle of the advocacy is a set of legal prescriptions that determine the mechanism for observing attorney-client privilege, protecting personal data and other types of information with limited access in the process of practicing law, as well as qualification, disciplinary and other types of proceedings in the system of advocate's self-government. Attention is drawn to the fact that, unlike many other principles of the advocacy, the principle of confidentiality applies to a wider range of subjects, including not only advocates, but also assistant advocates and interns of advocates, persons who have an employment relationship with a advocate, as well as persons in respect of whom the right to practice law has been terminated or suspended. Arguments were given in favor of applying the concept of limited protection of attorney-client privilege in Ukraine. The author justified the need to supplement article 22 of the Law of Ukraine “On advocacy and advocate's activity" with part eight of the following content: "An advocate does not bear disciplinary, administrative, civil and criminal responsibility for providing the central executive body implementing state policy in the field of crime prevention and counteraction with information that constitutes attorney-client privilege, in order to prevent the commission of a serious or particularly serious crime against the life and health of an individual”.