COUNTERING TEMPORARY OCCUPATION: INTERNATIONAL ASPECT, FOREIGN EXPERIENCE, AND NATIONAL REALITIES

This article provides a comprehensive study in areas of counteraction to the temporarily occupied territories of a sovereign state. Regulations, doctrinal approaches, international experience serve as a subject to this study in the context of a set of functional national activities of states that have faced the issue of territories’ separation. Particular attention is paid to foreign experience in counteracting the temporary occupation through the prism of the Republic of Cyprus which held an activity to counter the so-called Turkish Republic of Northern Cyprus, as one of the most successful examples of confrontation with the temporarily occupied territories for a long time and comparing Ukraine's activities in this field. To this end, the author conducts a comprehensive analysis of measures aimed at combating the spread and recognition of the temporarily occupied territories of the Republic of Cyprus, as well as the scientific achievements of international scientists who have studied this issue. Analyzing these objects, the author carries out the qualification based on the criteria of differentiation of measures accepted by foreign scientists and determines which measures were implemented to solve the same problem in Ukraine. Given the personal experience of operational and service activities of the author and a deep awareness of this topic, it is proposed to expand the generally accepted areas of counteraction. The author provides the grounding of additional direction on how to counter the expansion and recognition of the Ukrainian temporarily occupied territories, disclosing a complex of measures which were, and can be introduced for its realization. The result of this study is the formation of the author's approach to defining the complex concept of «counteraction to temporary occupation», the formation of a list of national measures to combat the temporarily occupied territories, and their classification, as well as proposals for the most effective countermeasures and their further use in law enforcement.

ORGANIZATIONAL AND LEGAL BASIS OF CUSTOMS CONTROL PROCEDURE

The implementation of customs control occupies a significant share of the activities of customs officers. Customs control procedures make it possible to identify customs violations in a timely manner, to ensure the content of measures aimed at preventing customs offenses, reveals the possibility of identifying shortcomings in the work of customs officials who are responsible for a particular area of work. In addition, the customs control procedure reveals not only the shortcomings in the work of certain parts of the customs, but above all, establishes the level of compliance with the principles of customs control and performance of its functions. This thesis is based on the fact that in case of violation of these segments there is a certain area of activity, which usually acts as a zone of customs violations. At the same time, customs control helps to improve the quality of document flow and provides an opportunity to form more realistic information flows for management decisions. At the same time, customs control procedures provide an opportunity to determine the relationship between the elements of the organizational mechanism, to establish at what stage is the duplication of functional responsibilities of responsible persons, and on this basis to decide on its improvement in the future. However, these advantages of customs control are partially offset by a number of negative factors that have some impact on the effectiveness of the procedure itself. There are professional and scientific discussions about the content of negative factors influencing customs control procedures, among which the leading role is given to the shortcomings in the law-making process. Existing problems indicate the feasibility of conducting research in this area. The article highlights the existing problematic factors influencing the customs control procedures, reveals the legal regulations for their implementation and determines the content of the principles and functions that customs officers are obliged to adapt during their adaptation. Attention is paid to the expediency of expanding the functions of the customs control procedure, the advantage of such changes is outlined. The author's position of content of conceptual categories «customs control», «customs control procedure», «organization of customs control» with the substantiation of the chosen approach is offered. The specific features of the organization of the customs control procedure are revealed, the main tasks are determined and the directions of its improvement are established. The author's position on the expediency of choosing both legal and human factors in the development of measures to improve the customs control procedure is given. The relationship between the qualification level of the executors of control actions and the effectiveness of the customs control procedure is substantiated.

USE OF SPECIAL KNOWLEDGE DURING THE EXAMINATION OF THE SCENE OF A CRIME IN THE ORDER OF PART 3 ART. 214 OF THE CRIMINAL PROCEDURE CODE OF UKRAINE

The article deals with the problem of specialist’s participation in the scene examination, which is carried out before entering information into the Unified Register of the pre-trial investigations. The essence of the problem is that the current criminal procedural law of Ukraine recognizes the specialist’s participation only in the pre-trial investigation, the litigation and the proceedings in the case of the commission of an unlawful act under the law of Ukraine on criminal liability. Part 1 of Article 71 of the Criminal Procedure Code of Ukraine states that a specialist in criminal proceedings is a person who has special knowledge and skills and can provide advice and conclusions during the pre-trial investigation and trial on issues that require appropriate special knowledge and skills. In other cases, the specialist has no procedural status. In addition, Part 1 of Article 237 of the CPC of Ukraine «Examination» states that the examination is conducted to identify and record information on the circumstances of the offense commitment. It is an act provided by the law of Ukraine on criminal liability. However, there are the cases in the investigation, when a report is received, for example, about a person's death, other events with formal signs of the offense, which must first be checked for signs of a crime, and only then the act can be considered as offense. In this case, a specialist takes part in the scene examination. However, the current criminal procedure law in accordance with Part 1, Article 71 of the Criminal Procedure Code of Ukraine determines the legal status of a specialist only as the participant in criminal proceedings. The paragraph 10, part 1 of Article 3 of the Criminal Procedure Code of Ukraine defines the criminal proceedings as pre-trial investigation and court proceedings or procedural actions in the case of the commission of an unlawful act. Therefore, when the inspection of the scene is based on the uncertain status of the event (there is no clear information that the event contains signs of an offense), the specialist’s participation is not regulated by law. The authors propose to consider the specialists as «experienced persons» in cases mentioned above and to include their advices to the protocol of the scene examination, as the advices of other scene examination participants.

CERTAIN ASPECTS OF AUTOMATIZATION OF FORMING THE FORENSIC EXAMINATION CONCLUSION PROCESS

Active introduction of digital technologies in all spheres of life is one of the main directions of state development as a whole and separate sphere of activity. The issue of using information technologies and systems during forensic examination is the subject of scientific research of many domestic and foreign scientists, but this sphere remains relevant. The introduction of digital technologies in forensic activities is one of the priority areas for the forensic science development at the present stage and has significant development potential. One of the areas of optimization and improvement of forensic activity is the development of methods to automate the formation of forensic experts and unify the description of the research process, identified features, justification and formulation of forensic conclusions, which requires legislative consolidation and regulation, analysis and definition of the subject area and development requirements and algorithms for the operation of the system interface. Unification and standardization of the content of forensic experts' opinions requires the development of common standards and an information system adopted by all subjects of forensic expertise, and meets the needs of practice. The development of an information system for forming an expert opinion and automatically forming an expert opinion will allow formalizing and unifying the description of research and results of forensic examinations, optimizing the time of forensic experts and potentially reducing the number of logical, typographical and technical errors, and simplifying quality control of forensic examinations. The proposed system will not only automate the technical work of registration of research results carried out during forensic examinations, but will also contain research algorithms, which will be stored in the form of data on already conducted research of similar objects (list and sequence of operations, identified features and their parameters).

EVOLUTION OF THE CONCEPT OF «ARMED CONFLICT»: HISTORICAL, LEGAL AND THEORETICAL AND METHODOLOGICAL ASPECTS

The article analyzes the theoretical and methodological aspects of the formation and development of doctrinal ideas about the meaning of the concept of «armed conflict» in the history of world political and legal thought. The question of the name of the branch of law that regulates armed conflict, by analyzing its historical names such as «law of war», «laws and customs of war», «law of armed conflict», «international humanitarian law» and «international humanitarian law, used in armed conflicts». As a result of this analysis, it can be concluded that it would be most appropriate to use the terms «international humanitarian law» only in a narrow sense or «international humanitarian law applicable in armed conflicts», which is more cumbersome but most accurately describes the field. It is emphasized that due to the availability of new powerful weapons (economic, political, informational, cultural and weapons of mass destruction), which are dangerous both for the aggressor and for the whole world; the aggressor's desire to downplay its role in resolving conflicts in order to avoid sanctions from other countries and international organizations, as well as to prevent the loss of its authority and position on the world stage; the attempts of the aggressor countries to establish their control over the objects of aggression (including integrating them into their political, economic and security systems) without excessive damage to them is the transformation of methods and means of warfare. It is determined that the long history of the formation of the law of armed conflict has led to the adoption at the level of international law of the provision prohibiting any armed aggression in the world, which is reflected in such a principle as non-use of force or threat of force. At the same time, the UN Charter became the first international act in the history of mankind, which completely prohibited armed aggression and enshrined this principle at the international level, which is binding on all states of the modern world.

EFFICIENCY OF STATE REGULATORY POLICY IN THE PERIOD OF COVID-19 PANDEMIC: ADMINISTRATIVE-LEGAL ASPECT

The main scientific and practical results of the analysis of the legitimacy of the actions of the Cabinet of Ministers of Ukraine during the introduction of anti-epidemic measures to combat the COVID-19 pandemic are presented. The peculiarities of exercising the Constitutional rights of citizens and the possibility of restricting them in a lawful manner, the risks of corruption as a result of the introduction of certain restrictions by the government and the creation of grounds for abuse of power and official duties have been studied. It is proposed to introduce a compensation mechanism for business entities to minimize financial losses and mitigate the tax burden at the local government level, as well as options for legal regulation of the relevant activities of the Cabinet of Ministers of Ukraine as a central executive body. Established that in the current legislation, namely in the Constitution of Ukraine, there is only one way to restrict the rights of citizens who can only be implemented through a mechanism for adopting a special law or amendments to the current laws. It is proved that to ensure effective and transparent administrativelegal regulation of state regulatory policy during the implementation of anti-epidemic measures to combat the COVID-19 requires the improvement of individual laws and subordination regulations that will in detail the activities of representatives of power and law enforcement agencies during detection and fixing offenses, otherwise it will create the basis for the emergence of corruption relations and commit criminal offenses with simultaneous leveling of the effectiveness of anti-epidemic measures. According to the authors, it is advisable to predict the need for automatic introduction of certain compensation measures at the level of regions, subject to the introduction (continuation or introduction) of anti-epidemic measures to combat the COVID-19. It is confirmed that in the event of improving the relevant legal acts, the risk of corrupt legal relations will be reduced, increased quality of state regulatory policy during the introduction of anti-epidemic measures to combat the COVID-19 and created universal compensation measures for small and medium-sized businesses that will be able to quickly and effectively applied in a country's scale.

PREREVOLUTIONARY PERIOD OF DEVELOPMENT OF LEGISLATION AGAINST CRIME IN THE FIELD OF FOREST FUND

The article, based on historical and legal analysis, examines the evolutionary development of criminal law support for combating crime in the field of forest resources in modern Ukraine. The author identifies trends in the historical and legal development of criminal law counteraction to forest violations in Ukraine, which were associated with the peculiarities of land ownership, political and socio-economic status of society. The study found that criminal law counteraction to forest violations in independent Ukraine is characterized by the search for an effective model, which should largely include historical experience. Generalizations were made, recommendations were given to improve the fight against crimes in the field of forest resources. The study of historical and legal literature makes it possible to conclude that the history of Ukrainian criminal law in the field of forest protection covers three chronological periods: the first period (pre-revolutionary) – from the times of «Ruska Pravda» and until 1917; second period (Soviet) – from 1917 to 1991; third period (post-Soviet) – since 1991. It is important to note that natural conditions have developed so that the boundary between the forest and the steppe was not clearly expressed. The location of settlements has solved a number of important issues. First, the forest served as an object of crafts, hunting, boarding. Secondly, the trees were cut down, cocturns for expansion of agricultural areas, pastures for grazing livestock, meadows for harvesting hay. Thirdly, in the woods could always be hiding from raids of nomads. So іn addition, can conclude that the historical experience of the formulation of norms regulating the responsibility for criminal offices is now relevant: by introducing in the norm of such elements, which maximally motivate the foresters to hold from criminal encroachments and cause moral condemnation of such acts; use of stimulating the rails to conscientious forest use, even in the case of committing a violation, by reporting it and the inclusion of an enhanced punishment for concealing such a violation; by differentiation of responsibility, depending on the degree of fire hazard in forests; introduction to the signs of a crime committed by destroying or damaging forest plantations, the location of such acts near settlements.

PROPERTY IN ECONOMIC ACTIVITY: CERTAIN PROBLEMS OF DEFINITION AND CLASSIFICATION IN UKRAINE

The article examines the definition of the term «property» in management sphere, analyses the existing definitions of the term «property» in management sphere. On this basis, the different approaches are identified and a process approach to the interpretation of a specific category is proposed. Regarding the classification of the types of property and sources of its formation, the use of terms and concepts that have expired in the legislation has been established. It is proposed to eliminate the identified differences and contradictions in the interpretation of the terms of legal regulation of property relations in management sphere in Ukraine in view of the types of property and sources of its formation. The definition of the category «property» in management sphere, which is available in current legislation and modern scientific sources, is considered. The approaches to the definition of the term «property» in management sphere are singled out, namely: property is things, assets, property of a certain type, classification-based approach and combined approach. The definition of the essence of the term «property» in management sphere is proposed to be considered according to the process approach, which is initially considered resources, which later acquire the characteristics of assets and further property. The differences and ramifications in the classification types of property under the current legislation are analysed, the ways of their elimination are offered, which will lead to the increase of efficiency of the use of the created property of the economic entity. According to the process approach, which assumes that a certain set of resources acquires the characteristics of assets, which, in turn, are part of the property of a particular entity. A distinctive feature of the proposed approach is that the property in management sphere is defined as a set of assets that are formed through a number of resources. The use of the provided proposals and elimination of identified contradictions in the classification of property types and sources of its formation will promote the intensification of various management functions of economic activity in the part of implementing economic mechanisms and regulators to optimize property formation and increase of its efficiency.

CONCEPT AND ELEMENTS OF ORGANIZATIONAL SUPPORT FOR THE ACTIVITIES OF THE PROSECUTOR'S OFFICE

The relevance of the scientific article is due to the reform of the prosecutor's office. In the process of transforming the prosecutor's office system, it is necessary to introduce in its activity modern practices aimed at improving the effectiveness of the prosecutor's office. In this regard, there is a need for scientific study of the organizational support of the prosecutor's office. The purpose of the scientific article is to define the concept and elements of organizational support for the activities of the prosecutor's office. The basis for studying the organizational support of the prosecutor's office is theoretical studies of the organization of work and management in the prosecutor's office. Based on the analysis of the current legislation of Ukraine, as well as scientific sources, organizational support is considered in broad and narrow meanings. Thus, in a wide meaning, this concept can be defined as a complex of all measures, means and resources that are necessary for the operation of the prosecutor's office. Elements of organizational support for the prosecutor's office in a broad sense are: personnel support, information support, financing, logistics, innovative and technological support. In a narrow sense, organizational support provides a set of techniques and means aimed at streamlining the work of the prosecutor's office, ensuring its controllability as a system and effective exercise by prosecutors. So organizational support includes the administration of the prosecutor's office and ensuring work in the prosecutor's office. It was concluded that it is necessary to improve the normative regulation of organizational support for the prosecutor's office in section X of the Law of Ukraine «On the prosecutor's office». At the same time, a systematic approach is important, involving formation of an integrated mechanism of organizational support for the activities of the prosecutor's office and identification of the subjects responsible for this. Perspective directions for further scientific researches within the defined topic of the study are used to analyze individual elements of the prosecutor's office, as well as the study of the best practices of the organization of the prosecutor's office.

PROTECTION OF THE HONOR AND DIGNITY OF NATIONAL POLICE EMPLOYEES

The article is devoted to the study of the peculiarities of the protection of the honor and dignity of the National Police of Ukraine. The notion of honor and dignity of a police officer is considered and analyzed. The author revealed the meaning of the terms «dignity» and «honor» and provided a definition of honor and dignity of police officers within the independence of these terms and pointed out the main difference between these concepts. The article identifies the current state of national and international legislation on the protection of honor and dignity. The main characteristics and indicators of professional honor and decent behavior of a police officer are given. It is noted that the real protection of the honor and dignity of police officers in practice is virtually ignored and, according to current statistics, offenses against the honor and dignity of police officers are indicators of latent crime. The experience of European countries, namely Poland and France on the mechanism of protection of personal safety and security of police officers is considered. The main provisions of the draft Law of Ukraine «On Amendments to the Code of Administrative Offenses of Ukraine to protect the honor and dignity of employees of the National Police of Ukraine, members of public formations for the protection of public order and the state border and servicemen» № 5050. It has been found that the honor of the police officer is a directly external assessment of the police officer from the society or the relevant social group, which characterizes the moral appearance of the entire personnel of the bodies and units of the National Police of Ukraine. The dignity of the police officer is the internal self-esteem of police officers as a moral personality that is significant for the environment, for society, and determining the significance of the police as a professional based on its achievements, self-esteem. The protection of the honor and dignity of the police as a citizen of Ukraine is carried out on general grounds and does not guarantee a certain level of protection during the execution of police officers.