REGULATION OF LOCAL REFERENDUM RELATIONS – A PRECONDITION FOR FURTHER IMPLEMENTATION OF THE DECENTRALIZATION REFORM

The article analyzes the prospects for the legal regulation of relations the organization and conduct of a local referendum in Ukraine. The relevance of the topic is due to a number of reasons: a local referendum is indeed one of the effective tools through which a territorial community can exercise its power directly. Therefore, this right is declared not only in the text of the Constitution of Ukraine. A number of special laws indicate that certain decisions can be made at a local referendum. However, the legal uncertainty that arose after the termination of the law of Ukraine “On All-Ukrainian and Local Referendums” and the recognition of the Law of Ukraine as unconstitutional by which the aforementioned Law was terminated, has not yet been eliminated in Ukraine. So the main attention in the article is directed to the analysis of the draft law “On local referendum” (register № 5512), submitted to the parliament on May 19, 2021 and sent on October 30, 2021 to The Venice Commission. The purpose of the article is to investigate the compliance of the content of the above-mentioned draft law with the Constitution of Ukraine and European standards embodied in acts of international organizations, of which our state is a member. In general, having positively assessed the content of the above draft law, the article substantiates the advisability of introducing a number of amendments into it due to Resolution 472 (2021) and Recommendation 459 (2021) “Conducting referenda at the local level”, adopted on May 18, 2021 by the Congress of Local and Regional Authorities, and the decision of the European Court of Human Rights of October 21, 2021 in the case “Seligenenko and others v. Ukraine”. It is proposed: to allow to participate in the local referendum not only those citizens of Ukraine who registered their place of residence on the territory of the corresponding territorial community, but also those who registered their place of residence there and are taxpayers for at least six consecutive months; introduce the possibility of using electronic services when voting at a local referendum; to remove the norm that makes it impossible to simultaneously hold elections and a local referendum, and we also propose to determine the subject of the appointment of a local referendum not to the territorial commission from the local referendum, but to the village, settlement, mayor, chairman of the district, regional, district council in the city.

RULE OF LAW AND LEGALITY AS PRINCIPLES OF NATIONAL POLICE ACTIVITY

The article defines the relationship between the principles of the rule of law and legality and their importance in the activities of the National Police of Ukraine. Indicated, that the principle of the rule of law is enshrined in the Constitution of Ukraine, and in relation to the National Police – also in the Law on it. Attention is drawn to the fact that the definition of the rule of law in the Constitution and the Law of Ukraine «On the National Police» is interpreted differently. Therefore, in a generalized form, the principle of the rule of law is proposed to be interpreted as the idea of the rule of law, which is embodied in the creation of appropriate laws, their proper implementation, prohibition of arbitrariness, human rights, non-discrimination and equality before the law. It was emphasized that it was expedient to define this principle as a general idea in the Law “On the National Police”, as its other components cannot always be fulfilled in the activity of the police. In particular, the authorities and police officers cannot question the compliance of the law with the ideas of social justice, freedom, equality, etc. Nor can they, in the performance of their tasks and functions, be guided by norms of morality, traditions, customs, etc., and not by formally defined norms of law (ie laws). It is in the light of such reservations that it is proposed to define this principle. The police must implement it through certain requirements – legality, prohibition of arbitrariness, respect for human rights, non-discrimination and equality before the law. Therefore, legality is of paramount importance in the activity of the police – the police act exclusively on the basis, within the powers and in the manner determined by the Constitution and laws of Ukraine. In this regard, the proposals to improve the legal regulation of the rule of law and legality as principles of the National Police of Ukraine are substantiated.

CONDUCTING AN EXAMINATION OF MUSIC LITERATURE IN THE INVESTIGATION OF OFFENSES RELATED TO ASSAULT ON CULTURAL VALUES

The article discusses the issues arising in the investigation of criminal offenses on the example of illegal search work at an archaeological heritage site, destruction, destruction or damage to cultural heritage sites. Conducting certain types of examinations is disclosed as the activity of experts who possess knowledge of certain branches of science. The issues of carrying out a comprehensive forensic technical examination of documents and art criticism are highlighted. The main methods used by experts of the above types of expertise have been determined. It was emphasized that the most promising and expedient procedure for carrying out a comprehensive examination of music literature is to first conduct a technical examination of documents, which will allow restoring the lost fragments of both the material and the text of a musical work, taking into account the methods that will then be used by an art expert. Activities for pre-trial investigation of crimes that encroach on cultural heritage, cultural values, where the objects of examination are music literature, in particular, is a complex multifaceted and multifaceted process to perform the tasks of criminal justice. The specific nature of the investigation of these criminal offenses makes the issue of organizing examinations quite relevant. The multifaceted investigation of these offenses is reflected in its organization, in particular through the use of special art knowledge in procedural and non-procedural forms. The practical purpose of the organization is to determine the optimal direction and content of the investigation, optimize its purpose, forces and means necessary to achieve it, the correct placement of forces and the creation of appropriate conditions. The growing needs of modern society in the use of knowledge in the field of art history does not bypass the field of justice. Understanding the importance of special knowledge for establishing factual data gives grounds to consider forensic science as an independent institution for the protection of the rights and legitimate interests of citizens, legal entities and the interests of the state as a whole.

ESSENCE, CONTENT AND SIGNIFICANCE OF LEGAL TECHNIQUE AS A LEGAL CATEGORY

The scientific article is devoted to the study of general theoretical aspects of the category “legal technique”, which is conditioned by the problem of the modern Ukrainian legislation improving and bringing it to conformity with the requirements of international standards. The author considered the issue of active development of the legal system of Ukraine, impact of the processes of globalization and integration on it, as well as renovation of the content of some state-legal phenomena, which actualizes the improvement of rule-making and law enforcement. Taking into account the analysis of the degree of efficiency and quality of legal technology in modern conditions, it should be noted that there is no sufficient scientific research of this issue by legal scholars in modern legal science. The problem of studying and analyzing the essence of legal technique is of great interest among scientists in different legal spheres and plays an important role in improving lawmaking in general. In connection with this, the issue of search for means of increasing the efficiency of legal activity is quite topical in modern legal science. The aim of the study is to analyze various aspects of legal technique in modern legal science and elicit problems of its improvement in the context of globalization and integration processes. It has been ascertained that legal technique plays an essential role in ensuring the effectiveness of law and strengthening legality. Complete and correct use of all means and methods based on elaborated rules of legal technique provides an accurate expression of the content of legal acts, their simplicity and possibility of their most rational use in practical work. The level of legal technique is one of the indicators of the level of legal culture in the country. The need for full and thorough use of legal technique, expressing the advanced experience of legislation and progressive recommendations of science, is an objective principle that allows one to avoid certain negative consequences, costs and shortcomings in the form of law.

MISSION AND VALUES OF THE PROSECUTOR’S OFFICE IN UKRAINE: TO THE PROBLEM OF DEEP UNDERSTANDING

The article is devoted to the study of the peculiarities of understanding the mission andvalues of the prosecutor’s office in Ukraine, the disclosure of the content of these conceptsat the present stage of development of the institution. Attention is focused on the analysis inthis part of the provisions of the Strategy for the Development of the Prosecutor’s Office for2021–2023.There is a tendency to spread the information tools of commercial organizations amongpublic authorities, in particular the prosecution authorities, and the replacement of previouslyused definitions of “role”, “principles”, “goals” by new borrowed definitions of “mission”,“values”, “vision” respectively.A cursory retrospective review of the formation of ideas about the content of thecategories of “mission” and “values” has been carried out. It has been found out that fromthe position of philosophy values are considered as specific social definitions of objects of thesurrounding world, which reveal their positive or negative significance for man and societyand are contained in the phenomena of social life and nature.Emphasis is placed on the need to unify the values (principles) common to all lawenforcement agencies, since most of them are the only or very close. Strategic documents ofthese bodies should reveal the provisions of the Constitution and the relevant legislation ofUkraine, to specify the latter and not contradict them.It is defined that the basic values for all public authorities, including law enforcementagencies, are: human and civil rights, the rule of law, responsibility and accountability, as wellas professionalism (or professional) and continuous improvement.It is proposed to treat the mission in a broad sense as an existential goal of the organization,an effective manifestation of its nature, sufficiently demonstrative and at the same timeunderstandable enough for the general public.The author’s definition of the mission of the prosecutor’s office, which meets therequirements of the time and takes into account its place in the mechanism of state power,the functional specificity of activity, the priority of approximation to European standards,ensuring openness and transparency, as well as strengthening of public confidence in it, wasformulated.The need for a number of changes in the Strategy for the Development of the Prosecutor’sOffice for 2021–2023 on a more clear and coherent presentation of its provisions on themission and values of the prosecution and details of some of them were noted.

THEORETICAL AND PRACTICAL PROBLEMS OF AQUATIC BIORESOURCES USE AS AN OBJECT OF WILDLIFE IN THE CONDITIONS OF ENSURING OF SUSTAINABLE DEVELOPMENT IN UKRAINE

Current trends for expansion of aquatic bioresources consumption by human, considering their importance for food security governance, maintenance of life and poverty alleviation inevitably lead to the urgency of balancing consumer interest with the ecological interest, which involve ensuring the rational use, proper protection and preservation condition of aquatic bioresources stock. Aquatic bioresources are an important economic resource, on the one hand, and on the other – an integrated component of wildlife as an object of environmental protection. It determines the regulation of the legal regime of aquatic bioresources use by norms of environmental, agriculture and business law. According to the Aquatic Animal Health Strategy 2021‑2025, approves by the World Organization for Animal Health, demand for aquatic animal products has been increasing and is predicted to rise by at least 32% by 2030, just as the increase of production of such products is wield major influence on achievement of many UN Sustainable Development Goals. In view of this, the position that the concept of fisheries development in a civilized society should be focused not only on meeting the economic needs of the state, but also aimed at ensuring the rational use of aquatic bioresources, their effective reproduction, appealing to those ecological functions they perform in the natural ecosystem, is substantiated in the article. Achieving this goal is seen in the ecologization of economic activity, reinforcement guarantees of unimpeded access of citizens to aquatic bioresources and improving the management component in the studied area. Moreover, the paper reflects issues related to the prospects of implementing of key provisions of the EU Common Fisheries Policy in national environmental legislation.

COMPARATIVE CHARACTERISTICS OF THE LAND MARKET IN THE COUNTRIES OF EUROPE AND UKRAINE: PRACTICAL ASPECTS OF CONCLUDING BUYING AND SALE AGREEMENTS AGRICULTURAL LAND

The provisions of the scientific article provide a comparative description of the functioning of the “land market” in Europe and Ukraine, as well as analyze the practical aspects of concluding contracts of sale of agricultural land. The authors propose to understand the “land market” as public relations regulated by the current legislation of Ukraine arising from the exercise by landowners of subjective rights to such plots, including public authorities and local governments exercising the rights of the owner to land on behalf of the Ukrainian people. The study examines the experience of the “land market” and the conclusion of contracts of sale of the latter in Germany, Latvia and France and identifies common and distinctive features of such functioning with the practice of Ukraine. The study analyzes the positive provisions of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Circulation of Agricultural Land”, namely: lifting the moratorium on the purchase and sale of agricultural land; establishing requirements for citizens of the country regarding the availability of special education and experience in the field of agriculture; setting restrictions on the maximum area of agricultural land provided to one person; creation of a special body, the main function of which is to control the sale and purchase transactions; granting a preemptive right to a tenant, a local government body or a specially created body; establishment of control for the purpose of acquisition of agricultural land and the price of the contract. The authors identified shortcomings in the procedure for concluding contracts for the sale of agricultural land under Ukrainian law and proposed to use the experience of leading European countries that have already passed their own path of transformation of the “land market” and have accumulated extensive positive experience of the institute of purchase and sale of agricultural land. appointment. The authors came to the conclusion that the issue of the legal procedure for concluding contracts of sale of agricultural land still needs detailed scientific elaboration and improvement in practice.

QUALIFICATION OF CRIMINAL OFFENSES: THE PROBLEM OF DEFINITION AND METHODOLOGICAL ASPECTS OF THE RESEARCH

The article is devoted to the study of the qualification of criminal offenses. It has been established that this concept is used in criminal and criminal procedural legislation, but there is no formal definition of it. In the science of criminal law, there are different approaches to understanding the concept of qualifications. Based on the analysis of these approaches, the definition of the qualification of criminal offenses has been formulated. According to the author, the qualification of criminal offenses is a process of knowledge and evaluation by the authorized subject of the factual features of a socially dangerous act, isolation of legally significant ones and establishing their compliance with the legal features of a particular corpus delicti of criminal offense, including its distinction from other criminal offenses and from acts that are not criminally illegal, as a result of which the conclusion on the criminal law norm to be applied is substantiated and documented. The main methodological aspects of the study of the qualification of criminal offenses, such as praxeological, epistemological, axiological, hermeneutical, logical, practical, are highlighted. From the point of view of praxeology, the qualification of criminal offenses is considered as a special kind of human, and in particular legal, activity. In the epistemological aspect, the qualification of criminal offenses is the cognitive activity of the law enforcer. In the axiological aspect in the process of qualification the assessment of factual signs and the committed act as a whole is carried out, and also in the presence of estimation concepts in criminal law their maintenance is defined. The hermeneutic aspect of the study of the qualification of criminal offenses is to study the understanding and interpretation of criminal law. The comparison of the factual features of the committed act and the features of the specific composition of the criminal offense should be carried out using the laws, forms and methods of logic. The practical aspect of the study of the qualification of criminal offenses covers the material and procedural problems of accuracy, correctness of qualification in terms of content and form. It is concluded that the study of these aspects contributes to a deeper understanding of the concept under study. The multidimensional approach to the qualification of criminal offenses contributes to the further comprehensive development of qualification rules and substantiation of proposals for improving the practice of applying the criminal law.

ABOUT PROBLEM OF COLLISION OF COPYRIGHT AND PROPERTY RIGHTS

В статье исследуются случаи коллизии авторского права и права собственности. Статья показывает, что подобные коллизии должны разрешаться с учетом особенностей правового режима отдельных объектов авторского права, необходимости обеспечения устойчивости гражданского оборота и интересов общества в целом. Однако расширение сферы действия авторского права в конечном итоге порождает проблему установления его границ и соотношения с иными гражданскими правами абсолютного характера. Предписания позитивного права по указанному вопросу весьма немногочисленны. Общепризнанным для современного законодательства (например, Закон Украины и Беларуси об авторском праве и смежных правах) является положение о том, что авторское право на произведение не связано с правом собственности на материальный объект, в котором оно выражено.

INDIVIDUAL ISSUES OF LEGAL UNDERSTANDING OF FACTORING

The article is devoted to the disclosure of certain issues concerning the understanding of the essence of the category “factoring” as an important component of financial services through the prism of today’s challenges. It is determined that the concept of factoring (financing under the assignment of the right of monetary claim) is not enshrined in civil law. It was stressed that the economic crisis has exacerbated the problem of limiting financial resources and providing quality financial services, which leads to the search and implementation of innovative types of financial services and needs to improve the transmission mechanism of monetary policy, development of credit operations of banks and financial companies standards of the European Union, improving trade conditions in Ukraine. And here, factoring comes in handy, which is an effective tool to accelerate money circulation and increase business efficiency. However, due to the rapid development of factoring in the financial services market – regulations in this area need to be updated and there is a need to introduce new scientific recommendations for its practical application. In the article the essence of factoring is covered in the plane of theory, and also, in the plane of judicial practice. It is noted that among researchers of this issue there is no generalizing concept of this category and understanding the essence of this legal phenomenon through the prism of today’s challenges. Emphasis is placed on the existence of four main concepts of factoring, namely: the assignment of the right of claim; it is a banking operation; this is a type of financial services; this is a separate independent contract type. It is proposed to consider factoring as a complex concept. Particular attention is paid to the indication of the characteristics of financial services, which allows through their prism to highlight factoring transactions.