QUALIFICATION OF CRIMES AGAINST LIFE: COMPARATIVE LEGAL ANALYSIS

The article considers topical issues of definition and qualification of crimes against human life in Ukraine and abroad. It is proved that the problematic issue of criminal law protection of human life is a significant differentiation of approaches to determining the moment of its onset, which reflects the medical and social criteria for the formation of an individual who has the right to life. It is shown that Ukrainian criminal law gives a person the right to life from birth, while the correct approach is to recognize the beginning of human life and appropriate criminal protection from the moment of onset 10 days after conception, which is consistent with European experience (in particular, France) and sufficiently reflects the medical features of the period of formation of a full-fledged embryo. The article also addresses the issue of the fact that Section II of the Special Part of the Criminal Code of Ukraine combines encroachment on two different generic objects - public relations for the protection of life and public relations for the protection of personal health. This provision of the criminal law of Ukraine does not correspond to the international practice on this issue. In addition, it is reasonable to believe that the two relevant categories of the object of criminal encroachment cannot be considered similar, as such an approach in certain cases can significantly complicate the classification of a criminal offense. It is emphasized that, given the exceptional importance of criminal law protection of human life, it is necessary to formulate a separate section of the Special Part of the Criminal Code of Ukraine, which covers only crimes against life as the main object of criminal encroachment.

LEGAL BASIS OF INTERACTION OF BODIES AND DIVISIONS OF THE NATIONAL POLICE WITH LOCAL SELF GOVERNMENT BODIES IN THE FIELD OF PUBLIC SAFETY AND ORDER

The article analyzes the state of legislation as for provisions on the interaction of bodies and units of the National Police with local self governments in the field of public safety and order. The main directions of improving the legal basis of interaction of these bodies in this area are substantiated. One of the factors influencing the state of public safety and order in settlements is the degree of interaction of bodies and subdivisions of the National Police with local self-government bodies representing the respective territorial communities. According to the results of the study, the following areas of improvement of the legal basis for the interaction of bodies and units of the National Police with local self governments in the field of public safety and order were proposed: 1) standardization of the terms of cooperation of the specified bodies concerning maintenance of public safety and order in connection with the organization and carrying out of peaceful meetings and other mass actions; 2) consolidation of the recommended order of interaction between these bodies during the development and implementation of program documents on public safety and order; 3) determining the procedure for coordination by local self governments and the National Police in the field of coordination and control over the activities of public formations with regard of protection of public order and the state border; 4) legislative consolidation of the possibility of concluding agreements on interaction and coordination of activities by territorial police bodies and local self-government bodies; 5) determining the procedures for approval by territorial bodies (subdivisions) of the National Police of decisions of local self-government bodies on the issues of traffic organization and functioning of public transport. Separate elaboration requires regulatory regulation of relations arising in connection with the conduct of joint raids by representatives of local governments and the National Police and inspections of compliance with legislation in the field of landscaping, trade rules, etc. The search for optimal solutions to this problem should be the subject of further research.

REACTIVE ATTACHMENT DISORDER AS A DERMINANT OF VICTIM BEHAVIOR OF MINORS

The article is devoted to the consideration of the correlation between reactive attachment disorder and victim behavior of a minor. The author considers the main types of such a disorder and, depending on them, differentiates the type of victim of a criminal offense. It is noted that the lack of close emotional connection with the mother leads to a simplification of the worldview and destructive changes in the set of moral values. A child who is brought up in harsh conditions and placed in a certain framework gradually begins to feel discomfort, due to the inability to understand their place and role in family life, a value for their own parents. Such a situation can have two probable scenarios of further development: the first – the child will shut himself in and consider himself unworthy of the environment, friendship, love and recognition; second, the child will seek a spiritual replacement for parental love, and therefore will become vulnerable to people who will show affection and interest. It is pointed out that the formation in the mind of a juvenile victim of a criminal offense of the correct reaction to the wrongful influence and the generation of an adequate conditioned reflex to its negative consequences can be achieved by visualizing and gradually consolidating certain guidelines that form the algorithm necessary to avoid victimization. It turns out that the main reason for the victimization of such children is the emphasized protective compensation, which is aimed at overcoming the psychological trauma caused by dissatisfaction with the relationship with the mother. Adolescents who suffer from this type of disorder subconsciously seek to become victims, their behavior encouraging illegal influence. It is concluded that reactive attachment disorder can be considered an independent and full-fledged determinant of victim behavior of a minor. Disorders of reactive attachment can negatively affect several areas of adolescent life: emotional and volitional; intellectual; psychological. To date, the victim behavior of adolescents suffering from RAD is infantile (regressive), stimulating (fictitious-provoking) or situational. The reasons for victimization of such adolescents are their conformity, as well as transformational processes in the mind, caused by the wrong approach of parents to interact with their own children.

CERTAIN PROCEDURAL ASPECTS OF THE BEGINNING OF CRIMINAL INVESTIGATION

The article analyzes the features of the beginning of criminal proceedings defined by the current criminal procedure law of Ukraine. The criminal procedural norms which define an initial stage in criminal proceedings are investigated. The provisions of the norms of the legislation which determine the legal fact of the beginning of proceedings in the case are analyzed. The positions of scientists in this regard are considered. In particular, the scientific concepts concerning the implementation in the norms of the current law of the provision that existed in the content of the Criminal Procedure Code of 1960, namely the decision to initiate a criminal case. The analysis of the practice of application of the current norms of the criminal procedural law in this regard for the author's point of view on the expediency of such a step is analyzed. The author's position on the preservation of the existing law within the existing provisions, on the commencement of criminal proceedings from the moment of entering information into the unified register of pre-trial investigations. This position is fully correlated with the provisions of the concept of criminal justice reform. There are also examples from the practical activities of law enforcement agencies, which were the basis for this conclusion. The article also examines the issue of determining the time limits for the start of pre-trial investigation in criminal proceedings and entering information into a single register of pre-trial investigations. The positions of scientists on this issue, which are quite different and sometimes polar, are analyzed. The author's attention is focused on certain difficulties that arise in law enforcement agencies during the proper initiation of criminal proceedings. It is emphasized that the term available in the current law for twenty-four hours is extremely insignificant for the correct determination of the qualification of the offense and its composition. It is proposed to increase the period to three days during which the investigator must enter information into the unified register of pre-trial investigations and initiate criminal proceedings. It is these time limits that must be sufficient for the investigator or prosecutor to properly comply with the requirements of the applicable criminal procedure law.

PRINCIPLES OF POLICE ACTIVITY: ESSENCE AND FEATURES

This article is devoted to the study of the principles of the police of Ukraine. The principles of police activity defined in the Law of Ukraine "On the National Police" are considered and analyzed, namely: the rule of law, respect for human rights and freedoms, legality, political neutrality, interaction with the population on the basis of partnership, continuity. It is noted that since Ukraine has announced a course for integration into the European Community and approximation of the Ukrainian legal system to European and world standards, the introduction of Ukrainian legislation and principles that have existed for some time in international law is one of the important steps towards this goal. It is proved that the definition of principles at the level of law indicates that they must be harmonized with existing social values, and the conceptual basis of the modern police paradigm should be the unconditional recognition of the primacy of human and civil rights and freedoms in public relations. on the basis of partnership should be considered as the main: first, to restore public respect for the police, secondly, the level of interaction affects the effectiveness of police functions, and thirdly, the level of trust can be concluded on the effectiveness of policing in general. The development and consolidation of ethical principles is important, which is justified by the peculiarities of policing. It is proposed to supplement the system of principles of police activity with the principles of tolerance and inadmissibility of discrimination. The police must respect and protect human rights and freedoms regardless of race, language, skin color, gender, age and other beliefs and characteristics. In order to improve the activities of the police, amendments to the list of principles defined in the Law of Ukraine "On the National Police" are proposed.

EXTRADITION AS A CRIMINAL LAW INSTITUTION: PROBLEMS OF DEFINITION AND APPLICATION

The article considers topical issues of definition and implementation of the institution of extradition in the criminal law of Ukraine. There is a view that extradition should be understood only as the institution of extradition of offenders, and the transfer of convicts to serve their sentences is an independent institution of criminal law. In our opinion, this statement cannot be accepted, as it concerns an identical procedure, the systemic material and legal feature of which is its security focus on the realization of individual criminal responsibility, and this view is supported by lexical analysis of terminological concepts "extradition" and «transfer». as identical in factual content. It is noted that the obligatory legal condition for extradition (as well as transfer) is a valid international agreement, the parties to which must be Ukraine and the state requesting the extradition of the person. It is proved that the institution of extradition has a complex interdisciplinary nature, because it arises at the crossroads of constitutional law, criminal law, criminal procedure and international law. It allows to define it as a comprehensive legal procedure for transferring a person to another state to implement the principle of inevitability of criminal liability, regardless of the place of temporary actual stay. It is shown that the main task of the institute of extradition is to ensure the inevitability of bringing a person guilty of a crime to criminal responsibility, which allows to determine the fundamental basis and essence of this institution as a criminal law. It is emphasized that the institution of extradition is complex, combining the extradition of persons suspected of committing a crime and persons convicted of a crime, and both cases of its application have a common purpose – to ensure that the person guilty of the crime is prosecuted.

WAYS TO IMPROVE THE DEVELOPMENT OF STAFF CAPACITY OF THE NATIONAL POLICE

The article is devoted to the issues of improving the development of staff capacity and human resource management in the National Police of Ukraine. It is analyzed the domestic and foreign experience of personnel management in the police as an important factor in achieving the strict observance of human rights by police, the implementation of their service function, the formation of new motivation of professional development for police, the development of communication skills and other professionally important individual psychological qualities. The purpose of the article, in accordance with a clearly formulated and properly updated thematic problem, is a research of problematic aspects of administrative and legal providing the training for the National Police of Ukraine and ways’ identification of their improvement on the base of analysis of national and international legislation and generalization of its implementation. The new requirements facing law enforcement managers today require the mastering modern approaches to personnel management. In the middle of the world's progressive concepts of police management in democracies is a human, the policeman, who is considered as the greatest value. The effective management systems are focused primarily on professional and personal growth, development of general and special skills of police officers so that they will be maximally used in professional activities, will be useful to society, contribute to the effectiveness of the law enforcement system. Of course, it is extremely difficult to achieve 100% job vacancies, but there are things that the leadership of the Ministry of Internal Affairs and the National Police can do today to solve the problem of staffing. Summarizing the above, it should be noted that the issue of improving staff policy in the police is relevant, as currently there are not clearly such aspects as: professional selection of candidates for police service and holding vacant management positions; motivation, stimulation and personal development of staff. Therefore, in order to fully implement the requirements of the Law of Ukraine “On the National Police of Ukraine” and increase the efficiency of staff management of the National Police, it is advisable to develop Regulations on the Personnel Department of the National Police of Ukraine to regulate staff issues.

ON COUNTERING ILLEGAL HARVESTING BY RAIDERS

The article analyzes the relations between various actors in agro-industrial production during the preparation, the execution of an attack by raiders, and after the attack, designed to collect and appropriate someone else’s harvest. The article aims to identify and provide a general description of raiders’ main actions during encroachments on the crop of agricultural producers. In Ukraine, raiders encroach on successful enterprises. Due to the quality and fertility of soils and natural and climatic conditions in the agricultural sector, conscientious producers can get a high yield. It is most often attacked by raiders during harvesting, using a set of actions. The article defines the main types of such actions: the seizure of a land plot with forged documents or without them; use of physical violence; involvement in their actions of unscrupulous notaries, state registrars, corrupt judges, and officials; the conclusion of lease agreements for shares or land plots with owners who have already leased them to another bona fide tenant; forgery of court decisions remaining in the temporarily occupied territories; registration of the right to lease land plots based on forged documents; appeal to the court with a claim to the enterprise for recovery of real or allegedly existing debt. These actions do not make up an exclusive list since the raiders are continually upgrading and diversifying the ways of encroaching on the harvest. The article briefly describes both the raiders’ actions and the practices to prevent raider attacks and protection after they have been committed. The innovations of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on Countering Raiding» dated December 5, 2019 are also presented and analyzed, in particular in terms of introducing notarization of individual transactions; coordination of the moments of state registration of ownership of a land plot, the validity of a lease agreement and the time for harvesting; coordination of information from the State Land Cadastre and the State Register of Rights to Real Estate. The need to strengthen the fight against corruption is indicated by developing proposals to increase responsibility for corruption acts by representatives of public authorities. The article points to the future search for ways to counteract the actions described in the article and other raiders’ actions during the preparation and the attack to collect and appropriate someone else's harvest and after it.

RESPONSIBILITY AS A PRIORITY TOOL FOR COMBATING SMUGGLING

The article outlines the existing types of liability for smuggling, describes the current state of damage caused by their presence in modern society. Reveals the author's assessment and position on the need to clarify the content of certain categories of the conceptual apparatus, which is devoted to the degree of responsibility for offenses that have the features of smuggling. The research contains the author's proposal to introduce into the Criminal Code of Ukraine the conceptual categories of «criminal liability for smuggling», includes a justification for this action. Attention is paid to the existing legislative initiatives on combating smuggling and corruption during customs clearance of goods, their content is revealed. The author's vision of improving the situation with the reduction of smuggling crimes on the basis of the proposed proposals is presented. The chosen direction of the research is relevant as it is aimed not only at outlining the key aspects of criminal liability for smuggling, but above all at developing certain measures to improve the situation at customs. From a scientific point of view, the study needs modernization in terms of clarifying the content of certain categories of the conceptual apparatus of the subject of study. The conclusions of the study are as follows. First, there is a fairly modernized legal framework in Ukraine, which discloses the degree of responsibility of persons who have committed a criminal or administrative offense related to smuggling. Secondly, the legislator clearly distinguished between the measures of criminal and administrative liability of persons who participated in smuggling operations, and it is important that the legislator defined the boundaries of the transition from administrative to criminal liability. Thirdly, the research indicated the expediency of clarifying the content of certain categories of the conceptual apparatus of the subject of study, namely the concepts of «criminal liability for smuggling» (a type of legal liability that gives rise to criminal relations between special authorities and persons who violated customs rules that have signs of smuggling in particularly large amounts, which is individualized in the conviction of the court) and «administrative liability for smuggling» (a type of legal liability that arises during administrative relations between legal entities in the field of violation of customs rules, which have signs of smuggling and are subject to administrative penalties by administrative jurisdiction). Fourth, the authors propose to include in the measures to reduce the level of smuggling: increase the material security of border guards and customs officers, equip «problem» areas of the border with a system of covert round-the-clock surveillance, observation and professionally trained staff, etc.

ABOUT SOME LESSONS OF THE CHERNOBYL DISASTER IN THE CONTEXT OF ACTIVITIES FOR NATIONAL SECURITY OF UKRAINE

This scientific article analyzes the open data on overcoming the consequences of the Chernobyl accident, which took place in April 1986, identifies some determinants that currently affect the state and effectiveness of environmental security in Ukraine, as well as the level of national security. in general. However, as practice shows, only the obligations to the population are formally fulfilled, in particular, the determinants that caused the accident were not eliminated and neutralized. The urgency of the study is also due to the current problems of social protection, which are caused by including unprofessionalism and irresponsibility of the authorities showed the study of archival materials. The authors study the scientific developments of research practitioners on overcoming the Chernobyl disaster These ideas give grounds to emphasize that the Chernobyl accident could have been prevented if the representatives of authorities in the USSR had not shown criminal irresponsibility and taken timely measures to prevent it. It is determined that the analysis of open data related to overcoming the consequences of the Chernobyl accident, and its main task is to define some determinants that caused it, as well as their impact on the current state of environmental and national security of Ukraine. Based on the analysis, the authors state that ensuring the environmental security of Ukraine in modern conditions is an important problem of state environmental security, an integral condition for sustainable economic and social development of our country and protection from potential and real threats, taking into account those historical lessons. which took place at the Chernobyl nuclear power plant in 1986.