Administrative and legal regulation of pharmaceutical relations in Ukraine: theoretical and methodological aspects

The article is devoted to the study of theoretical and methodological aspects of the formation and development of pharmaceutical legal relations in Ukraine in modern conditions of the development of the social state and modernization of legal regulation of the pharmaceutical sphere. It is argued that the global pandemic of the coronavirus COVID-19 actualizes and objectifies the need to improve the legal regulation of the pharmaceutical sphere both at the international legal and domestic levels in order to ensure the most effective implementation of mechanisms to overcome this global threat. The study of theoretical and methodological aspects of the formation and development of pharmaceutical relations in Ukraine is important and timely, given the current processes of modernization of the social sphere and the need to improve existing legislation on drug circulation, which requires the development of appropriate conceptual principles and paradigms of pharmaceutical law relevant regulations. It is noted that pharmaceutical legal relations can be defined as a set of administrative-legal and economic-legal relations, which, due to their complex legal content, have a double public-private nature, arising between public authorities, business entities and natural persons – consumers regarding the development, expertise , state registration, standardization, quality control and safety of production (manufacturing), storage, transportation, marketing and advertising, circulation, distribution, appointment, dispensing, use and disposal of pharmaceutical products – medicines, as well as regulation of the legal status of intellectual property in the field pharmaceuticals and the rights to them.

On the right of ownership of religious organizations to land

When it comes to economic relations involving religious organizations, the property issue is Central to the construction of these relations, since to obtain the status of a legal entity, the subject must have a certain property base. Legal regime of property of religious organizations not only define requirements to the status of a property (i.e. object), but also determines the regulation of economic competence of the entity that owns this property. Among legal scholars, disputes about the ownership of religious organizations are taking place precisely because the Central place in the system of property rights is occupied by the right of ownership, which is fundamental among other property rights. All other rights (the right of economic management, the right of lifelong inherited ownership of land, etc.) are derived from it and have limited property rights. Economic relations as a subject of regulation consists of only two elements – organizational and property. Property issues related to the property of any religious organizations traditionally remain one of the most difficult for legal understanding, although they are crucial, since the implementation of the right to freedom of conscience presupposes the existence of a certain property base. The question of ownership of religious property is directly related to the natural right of every person to freedom of conscience, which has found its legislative expression both at the international legal level and in the norms of domestic legislation. The Russian legislator believes that religious organizations are such non-profit organizations as, for example, charitable organizations, which means that they can be studied without taking into account the specifics of internal organizational and organizational-property relations in isolation from the provisions of Canon law, and this leads to the emergence of many controversial issues that relate to the economic activities of religious organizations. The current legislation does not allow for a clear definition of what form of ownership the property of religious organizations belongs to, since the current legislation does not clearly define such a form of ownership as the property of parents. In our opinion, the property of religious organizations should be classified as a different form of ownership – as the property of religious organizations, and not as private or collective, since religious organizations have a specific, different from public organizations, the principle of organizational structure, the procedure for making decisions on property management, and so on.

External labour migration: lacks of Ukrainian legal adjusting

The article investigates the state of the legal adjusting of external labour migration from Ukraine to foreign countries. Authors criticize the one-sided orientation of the Ukrainian legislation, as unjustified administrative and such that does not take into account existent realities such as politics of Poland and other recipients of foreign workers. It is not reasonable position that the Ukrainian legal doctrine approach is existing, in obedience to that for the decision of problems of this migration correct organization and clear legislative adjusting of activity of subjects of business, that engage in mediation in employment abroad, are needed. That it is really needed, so it to change a volume and maintenance of the legal adjusting of labour of citizens of Ukraine abroad in intergovernmental agreements in that one of parties there is Ukraine, and other - accepting the Ukrainian workers country. Quite another business, international agreements other, than Ukraine, countries in the sphere of labour migration. It is today possible to give an example of the successful bilateral adjusting of international labour migratory processes in some from the basic states-importers of labour force.

The concept of «judicial practice»: essence, main approaches to its definition

The article is devoted to the problem of understanding the concept of «judicial practice». The pluralism of views on this issue is revealed and the existing approaches to the definition of this concept are analyzed. The advantages and disadvantages of the respective approaches are outlined, and attention is drawn to the impossibility of considering the concept of «case law» only on the one hand due to its multifaceted nature. The connection between judicial practice and judicial precedent is analyzed and the approach to the impossibility of identifying the relevant concepts is substantiated. Several directions of interpretation of the researched concept are established, where according to the first, the sign of the equation between judicial practice and judicial activity is put. According to the second – between case law and legal experience. It is pointed out that the third direction combines the elements of the first two, and also emphasizes the advantages of such a disseminating interpretation. The correlation of the category «judicial practice» with related categories is investigated and its independent meaning as a concept is emphasized. The features of judicial practice and aspects of its essence are described. The author's definition of «judicial practice» is offered and its use is substantiated. The importance of the category «ECtHR practice» is emphasized for the national legal system, and therefore the relevant concept is considered through the prism of general research.

Legal basis for appealing decisions, actions or inaction of customs authorities

This scientific article, based on the analysis of international law, states that one of the main provisions in this area should be the principle according to which citizens' appeals against decisions of administrative bodies are grounds for suspending the implementation of this decision. If national law does not provide for this, citizens should be given the opportunity to apply to administrative or judicial authorities to suspend the execution of the contested decision in order to secure their rights and interests. It is proved that the possibility of appealing to customs authorities with complaints about illegal decisions, actions or inaction of their bodies and officials is an important means of protecting the rights of individuals and legal entities in the customs sphere. At the same time, work with complaints strengthens control over the activities of customs authorities, restores public confidence in customs authorities, and also helps to identify shortcomings in the work of customs authorities of organizational or regulatory nature. It is emphasized that the Customs Code of Ukraine provides for two procedures for appeal, namely: appeal against decisions, actions or omissions of customs authorities, their officials and other employees to officials and higher authorities (pre-trial procedure); appeal against decisions, actions or omissions of customs authorities or their officials in court (court procedure). The author reveals the content of this issue in more detail. It is argued that appealing against the actions and decisions of public administration bodies in court is not an easy way. This form of administration of justice requires qualified legal assistance, especially in the preparation of documents. The need to regulate the procedure of administrative appeal in more detail at the legislative level is argued, which is a necessary condition given the need to eliminate the manifestations of subjectivity in the consideration and resolution of complaints, ambiguous application of substantive law. It is also justified to combine the procedure for appealing against decisions, actions or omissions of customs authorities in one normative act.

Prospects of modernization of the institute of citizenship in modern constitutional law

The problematic issues of the functioning of the institution of citizenship in the modern conditions of formation and development of global constitutionalism are studied. Ways to modernize the constitutional and legal institution of citizenship are proposed. The need for comprehensive improvement of the constitutional and legal regulation of citizenship issues is emphasized. It is noted that the modern content and nature of the institution of citizenship, which was formed under the influence of international legal standards after the Second World War, in the late twentieth and early twentieth century under the influence of globalization and interstate integration processes have undergone some changes. After all, the content of the constitutional and legal category of citizenship has acquired features and functional properties that go beyond traditional intoxication. First of all, citizenship ceases to be perceived as an exclusive link with one state in its mutual rights and responsibilities, and also ceased to be monopolized with the category of sovereignty of a particular state. Given the objective and established trends in the formation and development of the institution of citizenship change, there is a need for scientific understanding of the accumulated theoretical and methodological knowledge about these phenomena, as well as real experience of legislative constitutional and legal regulation of the organization and activities of state bodies. strengths and weaknesses of regulations governing public relations in the field of citizenship, the adoption of effective regulatory technologies, approaches and methods of legislative support, as well as the application of comparative approaches to the analysis of legislation in the field of citizenship, which will identify, specify and eliminate gaps legislation, outline practical conceptual areas for its improvement.

Legal nature of restriction of constitutional rights of citizens when conducting NSDCS related to the use of technical means

The article considers the legal nature of the restriction of the constitutional rights of citizens when conducting covert investigative (search) actions related to the use of technical means. Considering the privacy of citizens as a legal phenomenon and a legal category, the author highlights some aspects of judicial control over the implementation of the covert investigative (search) actions, which are related to the use of technical means and involve interference in the private sphere. The author expresses and substantiates the thesis that the main purpose of judicial control in carrying out covert investigative (search) actions related to the use of technical means is to ensure the legality of these activities, compliance and protection of the rights and legitimate interests of citizens, society and the state. The objects of judicial control are, first of all, covert investigative (search) actions, which provide for interference in private communication, because they affect the private sphere of people's lives and therefore require judicial control. Legal and reasonable restriction of the constitutional rights of the citizen at carrying out covert investigative (search) actions connected with use of technical means is reached thanks to strict observance of the established order of their application. The peculiarity of judicial control over the legality of restricting the constitutional rights of citizens in conducting covert investigative (search) actions related to the use of technical means, according to the author, lies in the mechanism of legal regulation, which combines a special subject composition, as well as homogeneous social relations in the field of judicial control restriction of the rights and freedoms of citizens during criminal proceedings (ie both during the organization, preparation for, and during the direct conduct of these actions). It is proved that the procedural order (or mechanism), on the one hand, contributes to the effectiveness and efficiency of criminal proceedings, on the other hand, maximizes respect for the rights, freedoms and interests of the defendants, protecting them from excessive, unacceptable coercion.

Special equipment in administrative activities of law enforcement bodies

The article considers special equipment used in the administrative activities of law enforcement agencies, which is defined as organizational equipment. It is emphasized that the scientific and technical means, which we generally define as organizational equipment, play a significant role in the process of democratic formation of the state and effective administrative activity of law enforcement agencies. Factors emphasizing the need to use organizational equipment in the administrative activities of law enforcement agencies are presented. Organizational technology is seen as a means of law enforcement in general. The definition of the concept of "organizational technique" is given. The method of criterion selection is used to determine the scope of the concept of "organizational technique". According to the selected criteria the system-structural structure of organizational equipment of law enforcement agencies is investigated. To determine the system-structural structure of the organizational equipment of law enforcement agencies as a scientific category, the classical theory of organization was chosen. The basis for the system atization of organizational equipment is the hierarchical structure of law enforcement agencies engaged in administrative activities. It is proved that the defining requirement of the current legislation to the means of organizational equipment is the need for their certification and periodic verification.

On the constitutionality of the law, or what can Ukrainians treat?

The article investigates the lawfulness of the adoption and the consequences of the implementation of the Law of Ukraine "On State Financial Guarantees of Public Health Services". On the basis of the analysis of the norms of international law, the Constitution of Ukraine and the decisions of the Constitutional Court of Ukraine, the thesis about the unconstitutionality of this law is substantiated and the consequences of its implementation in the life of Ukrainian society are analyzed. The concepts of health care and medical services are compared. The negative consequences of the introduction of medical reform are analyzed. Proposed ways to solve the problem of passing laws that are unconstitutional and contradict the current legislation. Specific legal mechanisms of implementation of which will contribute to ensuring the constitutionality and legality of legislative activity are proposed. The main directions of violation of the Constitution of Ukraine of the introduced "medical reform", which was initiated by the Law of Ukraine "On State Financial Guarantees of Medical Services to the Population", have been identified. The thesis about the illegality and illegitimacy of this law is confirmed, justification of the unconstitutionality and contradiction of the provisions of this law is made by the decision of the Constitutional Court of Ukraine. The conclusion was made about the necessity of termination of this Law and other normative acts adopted on its basis.