INTERNATIONAL EXPERIENCE IN COORDINATING THE ACTION OF LAW ENFORCEMENT AGENCIES

The article researched international experience in coordinating the action of law enforcement agencies in modern international law. It is stated that, enforcement agencies are those institutions that enforce the laws, including election-related laws. Enforcement аs an important integrity mechanism as it deters those who might be interested in subverting the system as well as identifies and punishes those who have broken the law. The responsibilities for enforcing laws and codes are usually divided among different agencies, depending on the nature and severity of the problem. Initial investigations may start with the oversight agency, but can be referred to an enforcement agency if it was determined that legal enforcement was required. For example, potential criminal cases uncovered during a routine audit can be referred to the justice system. If the prosecuting authorities decide to pursue the case, they could charge and prosecute the alleged perpetrator, with a court pronouncing sentence if the defendant were found guilty. Jurisdictionally, there can be an important difference between international law enforcement agencies and multinational law enforcement agencies, even though both are often referred to as «international», even in official documents Effective enforcement requires a functioning legal system and a respect for the rule of law. An important factor in maintaining integrity in enforcement is the independence of the judiciary, as justice is supposed to be administered fairly, equally and impartially. The prevention, investigation and cessation of international and many domestic crimes, as well as the prosecution of those responsible for their commission, are not it is always possible alone, without the help of other states and international organizations. Achieving this goal requires states not only to proclaim unilateral declarations of intent, participation in the signing international treaties and the activities of international institutions, but also the actual implementation of joint and agreed activities aimed at combating transnational and domestic organized crime.

THE ROLE OF THE PROSECUTOR'S OFFICE OF UKRAINE IN THE CONTEXT OF ENSURING GUARANTEES OF THE INDEPENDENCE OF JUDGES AND THE AUTHORITY OF THE JUDICIARY

The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.

REQUIREMENTS FOR INCOMPATIBILITY OF A JUDGE POSITION WITH OTHER TYPES OF ACTIVITY: COMPARATIVE CONSTITUTIONAL AND LEGAL ASPECT

The article reveals the requirements for the incompatibility of the position of a judge with other activities in the comparative constitutional and legal aspect. It is determined that the requirements for incompatibility of a judge's position with other activities in Ukraine are regulated by the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges», the Law of Ukraine «On Purification of Power», the Convention for the Protection of Human Rights and Fundamental Freedoms, Rules of Court adopted by the Council of Europe and the European Court of Human Rights, the Rome Statute of the International Criminal Court, the General (Universal) Charter of Judges. It is established that the legislative and constitutional requirements for judges stipulate that judges must meet high moral, ethical and professional standards. It has been established that persons may not engage in administrative, political or professional activities during their tenure as judges, which is incompatible with their impartiality, independence or the requirements for permanent performance of their duties. It is determined that while in the position of a judge, it is not allowed to engage in other activities, in particular, to carry out activities in other public authorities, local governments or activities related to the representative mandate. It has been proved that a judge cannot combine the activities defined by the position of a judge with advocacy and business activities. It was found that judges are prohibited by law from holding paid positions and performing paid work, except for teaching, research or creative work. It is established that a judge has no right to be a member of the governing of the body or supervisory board of an enterprise or organization whose main purpose is to make a profit. It is determined that a judge has no right to belong to a political party or trade union, as well as to show support for such a party or union. It has been proven that judges are prohibited from participating in election campaigns, political rallies, rallies or strikes. It was found that the judge is obliged to comply with the requirements for incompatibility established by the legislation of Ukraine in the direction of preventing and combating corruption. It is determined that a judge has the right to activities related to the administration of justice, to participate in judicial self-government, to membership in national or international associations, as well as in other organizations that operate to protect the interests of judges, increase the authority of the judiciary, in society or for the development of legal science and profession, for the formation of public associations, as well as for participation in the activities of such associations in order to protect their rights and interests, as well as to improve the level of professionalism and skills. It is proposed, in the future of the following studies, to reveal the grounds for dismissing a judge from office in a comparative constitutional and legal aspect.

INDEPENDENCE OF PROFESSIONAL JUDGES AS A CONSTITUTIONAL BASIS FOR THEIR LEGAL STATUS

The article reveals the main aspects of the independence of professional judges as a constitutional basis of their legal status. It is established that the main aspects of the independence of judges as the constitutional basis of their legal status in Ukraine are regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges», the Law of Ukraine «On the High Council of Justice», the Law of Ukraine «On Ensuring the Right to a Fair Court», the Law of Ukraine «On Restoring Confidence in the Judiciary in Ukraine», the Law of Ukraine «On Purification of Power». It is determined that the independence of the judiciary is guaranteed by the state and acts as a constitutional and legal basis for the functioning and activity of the judiciary. It was found that the independence of judges is a key element of the professional status of judges. It has been determined that a judge, in administering justice, must be independent of influence, pressure or interference from unlawful sources. It was noted that state authorities and local self-government bodies, as well as their officials and officials, individuals and legal entities, are obliged to respect the independence of judges, as well as not to encroach on it. It has been established that a judge in the context of administering justice is independent, therefore, taking measures to ensure the independence of judges is one of the main responsibilities of the High Council of Justice. It has been established that every year the number of violations by offenders on the independence of judges in the context of their administration of justice is increasing. It was determined that most often encroachment on the independence of judges in Ukraine occurs on the part of law enforcement agencies, people's deputies, deputies of local councils, other representatives of state authorities and local self-government bodies, lawyers, as well as in cases of violation of law and order in a court session, disruption of court hearings, blocking courts, making various threats to judges, committing physical pressure on judges or members of their families, damaging their property, as well as the property of courts, disseminating inaccurate information in relation to judges. It was found that the low level of guarantees for the independence of judges has an indirect effect on reducing the possibilities of exercising the right to exercise judicial protection. It is noted that the prospects for further research in this direction are the study of the legal foundations of the procedure for the selection and appointment of professional judges in the context of constitutional and legal requirements for candidates.

FORMS OF TRANSFER OF FUNCTION ON PROVISION OF PUBLIC SERVICE

The article is devoted to the study of the forms of transfer of functions for the provision of public services. The article reveals the administrative and legal characteristics of outsourcing in the provision of public services against the background of economic and legal characteristics. From an economic point of view, outsourcing is a tool for optimizing an organization, expressed in the transfer of certain activities from one organization to the implementation of another organization specializing in the relevant field. From the point of view of the place of outsourcing, the forms of transferring the performance of a function (activity) from one subject to another have been investigated, with the help of which it has been established that outsourcing can be applied in the public and private spheres. Outsourcing is essentially a form of public-private partnership, if the latter is understood broadly. It is highlighted that outsourcing should not be equated, firstly, with the complete transfer of the function (activity) in the private sector with the refusal of the state to participate in its implementation through its bodies and subordinate organizations, and secondly, with the permission of an indefinite number of subjects of the private sphere activities along with the state and local governments. The goal of outsourcing is to create competitive advantages that arise, firstly, due to saving time by eliminating the need to optimize your own business processes on your own; secondly, thanks to savings in financial and material resources; thirdly, due to the better performance of the business process by another organization, if it really is a professional.

IMMUNITY OF JUDGES AND THEIR RESPONSIBILITY IN UKRAINE

The article analyzes the institute of immunity of judges in Ukraine and reveals the features of bringing to legal responsibility. It has been established that the legal foundations of the immunity of a judge are governed by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Ukraine on Administrative Offenses, the Civil Code of Ukraine. It has been determined that the immunity of judges is a special component of their legal status, and also serves as a guarantee of ensuring the proper level of performance of their official duties. It was found that the immunity of a judge is aimed at reducing the influence of professional risks in the context of his administration of justice. It has been established that the principle of the independence of a judge is composed of two main components of independence, namely, the functional independence of the judiciary and the institutional independence of the judiciary. It is determined that the immunity of judges is a special type of violation of the principle defined in the Constitution of Ukraine regarding the equality of all without exception before the law and the court. It has been proved that material and legal immunity, indemnity, and procedural immunity are the components of the integral system of judicial immunities. It is proposed that today in Ukraine it is necessary to improve the legislative framework regarding the immunity of judges in the direction of defining the framework for the need to provide protection to judges as officials performing the state functions assigned to them, and to prevent judges from impunity in cases of their committing offenses (misconduct, crimes). It is noted that the prospect of further research in this direction is the study and improvement of the mechanism for bringing judges to legal responsibility in Ukraine.

JUDICIAL PROTECTION OF ECONOMIC HUMAN AND CIVIL RIGHTS IN UKRAINE

The article reveals the features of the implementation of judicial protection of economic human and civil rights in Ukraine on the basis of theory and practice. It has been established that the provision of judicial protection of human and civil rights and freedoms in Ukraine is regulated by the provisions of the Constitution of Ukraine, the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the provisions of other legislative and regulatory documents. It is determined that ensuring the rights, freedoms and legitimate interests of a person is the main duty of Ukraine as a democratic state governed by the rule of law. It has been established that the rights and freedoms of man and citizen must be protected by the court. It has been proven that there is no restriction on persons who can apply for the protection of their rights, freedoms and interests in the judicial branch of government, however, a person who receives the right to go to court has no guarantees that he will be provided with protection and application on this basis of a number of procedural procedures. It has been established that the right to obtain judicial protection should be based on satisfaction by court of the requirement of material and legal character that the subject put forward to the person who violated the rights of this subject and/or interests protected by law. It has been established that the provision of judicial protection of the economic rights and freedoms of a person and a citizen consists in the fact that such provision should proceed from guarantees provided by the state, therefore everyone has the right to apply to specially authorized public authorities in accordance with the current constitutional order to protect their economic rights, freedoms and interests. It is noted that the right to judicial protection of economic rights and freedoms of man and citizen is the right to a comprehensive and open trial, so everyone has this right and it is not affected by participation in the trial or the specifics of the case. It is noted that the prospects for further research in this area are to study the features of judicial protection of social rights and freedoms of man and citizen in Ukraine.

THE PROCEDURE FOR SELECTION AND APPOINTMENT OF PROFESSIONAL JUDGES OF UKRAINE IN THE CONTEXT OF CONSTITUTIONAL AND LEGAL REQUIREMENTS FOR CANDIDATES

The article reveals the peculiarities of the selection and appointment of professional judges of Ukraine in the context of constitutional and legal requirements for candidates. It has been established that the specifics of the selection and appointment of professional judges in the context of constitutional and legal requirements for candidates are regulated by: the provisions and norms of the Constitution of Ukraine, the Law of Ukraine «On the Judicial System and the Status of Judges»; the Regulations on the procedure for considering issues and preparing materials for the selection of candidates for the position of a judge for the first time, the Regulations on holding a competition for the vacant position of a judge, approved by the Decisions of the High Qualification Commission of Judges of Ukraine; the Kiev recommendations on the independence of the judiciary in Eastern Europe, the South Caucasus and Central Asia. It is determined that the main stages of the procedure of selection and appointment of professional judges are 14 stages, which can be systematized and recommended in such as: announcement of a competition for the selection of candidates for relevant positions; submission of documents by persons who intend to become professional judges, and their admission to the procedure for selecting candidates applying for the position of judges; the process of organizing the procedure for conducting inspections, as well as collecting information about candidates applying for the position of judges; passing anonymous testing (exam) by candidates applying for the position of judges and sending them to undergo special training; drawing up a qualification exam by candidates applying for the position of judges; drawing up by candidates applying for the position of judges of a re-qualification exam (if the qualification exam was not drawn up successfully the first time, then the candidate applying for the position of a judge can draw it up again, but not earlier than one year later); determination of the rating of candidates applying for positions of judges; the formation and assignment of candidates applying for the positions of judges to the reserve for their replacement of vacant positions of the judge in the future; passing a competition to fill a vacant position of a judge. It is noted that the prospects for further research in this direction are the study of the peculiarities of the procedure for the selection and appointment of candidates for the posts of judges of the Supreme Court.

LEGAL ASPECTS OF COMMUNITY DEVELOPMENT IN UKRAINE: PRACTICE OF INTERNATIONAL POTENTIAL

The article, based on the study of the essential and substantive features of the definition of "community", detailed acquaintance with the legal features and forms of territorial communities, identifies approaches to their formation in Ukraine, taking into account the positive international experience. Conceptual approaches and risks of implementation of administrative decentralization, world experience of realization of reforms of this type are considered, features of formation of domestic model of decentralization are clarified, and also the institutional basis of its realization in recent years in Ukraine is considered. It turns out that there is no universal effective model of organization of the territorial community. The practice of reforming administrative decentralization is ambiguous, differentiated, due to a number of factors. The analysis of international practice has demonstrated the existence of different approaches that can serve as an example to consider in the process of improving the existing system of decentralization in Ukraine.