ANTI-CORRUPTION ASPECTS AS A REGULATOR OF THE DEVELOPMENT OF THE RAILWAY INDUSTRY

Rail transport plays a significant role in the life of the economic sector of the country. However, the existence of a significant number of negative factors violate the timing of the planned ways of its development. Among them, it is worth paying attention to the slow pace of adaptation of already adopted legislative initiatives, insufficiently substantiated taxation of services provided for the transportation of various goods and passengers (cross-subsidization) and problems arising from the transportation of privileged categories of citizens. Іncrease in the price of services provided, the presence of an inflation component, exchange rate fluctuations, etc. Despite the constant increase in the price of transportation services, the renewal of rolling stock and stationary railway transport is not carried out at a level that would help raise its quality level. This phenomenon is present in the operations of transportation of goods, luggage and passengers. There is a discrepancy between the growth rate of prices for rail transport services and their quality level. Among the additional negative factors should be noted the lack of funds for the renewal of rolling stock and its repair; inefficient financial planning and asset management of divisions; lack of working capital; low level of effective personnel planning and management; the threat of losing highly qualified employees, especially managers, due to reaching retirement age; lack of sufficient motivation for innovation and inventive activity; insufficient qualification of employees; possible resistance of personnel to organizational changes. There are also technical and technological problems. A significant part of the financial resources for the development of the domestic railway does not enter the process of cash flow formation due to the presence of corrupt actions carried out by individual representatives among the responsible persons. Representatives of the top management of the domestic railway must have an effective program of anti-corruption measures, but taking into account the legal framework that is already laid down in existing legislation. This study indicates the exacerbation of existing problems of the domestic railway, which requires immediate intervention at the macroeconomic and microeconomic level, as well as macro-legal and micro-legal level. The article reveals the problems of development of railway enterprises, determines the negative impact of corruption on its development, argues the need for anti-corruption measures that act as regulators of the development of the railway industry in the future. Outlines the content of the principles and substantiates the feasibility of their implementation in accordance with the Draft Law of Ukraine «On the Principles of State Anti-Corruption Policy for 2020–2024». Contains the author's proposal on the content of the conceptual categories «strategic anti-corruption intentions» and «anti-corruption event» and argues the benefits of their use by top management of the railway industry.

FEATURES OF DETERMINATION OF COST OF RIFLE SHOOTING-IRON

The article is devoted to the study of the issues of conducting a complex forensic commodity and forensic ballistic examination of small arms firearms of the range of specialized retail trade network. Attention is paid to the importance of providing a judicial opinion on a comprehensive investigation to determine the amount of damage caused by the crime, which will be used by pre-trial and judicial investigation authorities as a source of evidence in criminal, civil, commercial and administrative cases. The problem faced by commodity experts in the study of firearms and determining their value has been studied. Features of research of these objects are considered, the stages and sequence of complex research of the weapon are schematically represented. In particular, the ballistic stage of the study is described in detail. Forensic signs of belonging of the object to the firearm, constructive signs and the signs characterizing a condition of object and a way of its manufacturing that allows to reveal separate individual signs of the small arms and to carry out its exact identification are resulted. The problematic issues of ballistic research of firearms are illustrated by practical examples. The algorithm of carrying out of a stage of forensic research on an estimation of consumer properties of the weapon is stated; the expediency of using certain methodological approaches and methods of establishing the market value of weapons generally accepted in forensic science has been determined. The expediency of applying costly and comparative methodological approaches during the commodity research stage to determine the value of research objects is substantiated. Describes the feasibility of using a comparative methodological approach, when the secondary market for the sale of the object under study is quite developed and there is sufficient reliable information on the prices of offers for similar property; costly methodological approach - when the market of purchase and sale of these objects in use is significantly limited, there are no analogues of the investigated property in the secondary market, which denies the possibility of applying a comparative methodological approach, but it is possible to determine the cost of reproduction (replacement) estimates by a similar object.

QUALITY ASSURANCE IN DEPARTMENTAL HEIs: THE INFLUENCE OF INTERNATIONAL ORGANIZATIONS

The development of the quality of higher education is a priority for the modern state policy of Ukraine. To implement the quality standards of higher education adopted in the European Higher Education Area, Ukrainian departmental universities are adapting the European experience, forming an internal quality assurance system. Departmental universities have been establishing an internal system of quality assurance since 2016. At this stage, the relevant provisions on the level of the universities have been developed to regulate the distribution of powers between different departments of the HEI. Another direction of quality assurance is cooperation with external stakeholders, in particular public organizations of various levels. Based on the analysis of examples of interaction between departmental higher education institutions of Ukraine and international non-governmental organizations available on the websites of relevant institutions, a conclusion was made about the discrete nature of cooperation and the lack of public information about the cooperation. According to information on the sites the universities and international NGOs cooperate in the form of joint public events of academic character, they organise training, conferences and round tables. International non-governmental organizations have great potential to ensure the quality of specialized higher education, in particular, in the joint development and revision of educational programs with universities, educational activities involving international experts, conducting international seminars and workshops, joint projects. Moreover, non-governmental organizations can provide educational services of non-formal education; to carry out projects addressed to local communities in partnership with higher education institutions. The author considers non-governmental organizations to be an important mechanism for articulating public interests and requests of citizens and local communities which is critically important for the departmental universities. To realize this potential of cooperation, it is necessary to establish additional documents (regulations, concepts), which will detail the mechanism of cooperation between the departmental university and the non-governmental organization

INVESTIGATIVE EXPERIMENT IN CRIMINAL PROCEEDINGS: HISTORICAL ANALYSIS

The article is devoted to the genesis of the investigative experiment as an independent investigative (search) action. The author analyzes the historical stages of origin, development, and determination of the place of the investigative experiment in the system of procedural actions in Ukraine. It is noted that the investigative experiment as a way to verify the evidence arose in the practice of pre-trial investigation. And then it became the object of study of legal science research. It is noted that the basis of the investigative experiment is the use of the method of scientific research method – testing to verify certain information. This is a sign of the introduction of truly scientific methods in the activities of law enforcement agencies. In this way the obtained evidence is given signs of belonging and admissibility. The testimony of the participants in the criminal proceedings and the investigative versions are checked by conducting an investigative experiment. Thus the reliability of the received information and the maintenance of a criminal offense is established. That is why the investigative experiment became widespread in the pre-trial investigation. Investigative experiment is a way to verify and to obtain evidence, but one of the most complex in its preparation and content. It is established that there is no detailed clear historical periodization of this procedural institution. The article compares the content of art. 194 of the Criminal Procedure Code of the Ukrainian Soviet Socialist Republic dated 28.12.1960 «Reproduction of the situation and circumstances of the event» from art. 240 of the Criminal Procedure Code of Ukraine dated 13.04.2012 «Investigative experiment». The conclusion that the investigative experiment is an independent investigative (investigative) action is substantiated, but some questions concerning its conduct remain ambiguous. Currently, this is the basis for discussions, which indicates the relevance of this procedural institution and its development.

THE MODERN VISION OF THE SYSTEM OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE

The article is devoted to the research of the intellectual property rights system in Ukraine. Intellectual property is the result of the creative activity of any person or group of people. The author studied the categories «intellectual property» and «intellectual property right», investigated the principles of intellectual property and the system of intellectual property rights of Ukraine. In Roman law, there was the term «property», because the «property right» in its classical meaning was formed in Rome, and related to private relationships. Intellectual property is the property of a person that arose as a result of her creativity. However, for our Ukrainian legislation, the expression «intellectual property» is «terra incognita». Yes, intellectual property is studied by such branch legal sciences as: civil law, administrative law, international law, and others. Formed the State Service of Intellectual Property, but the organization of the state system of legal protection of intellectual property, in our difficult times, wants a better one. In the legal literature on intellectual property issues various definitions of «intellectual property right» are given. From a subjective point of view – this is a subjective right, and from an objective point of view – a civil law institute, a set of legal norms that regulate relations in the system of creation and protection of intellectual property. Man, his freedom and rights are the most important value of evolutionary development of society, which manifests itself in the growth of the intellectual potential of the population of each country. Only man possesses intelligence, creative potential and creative abilities. In addition to it, on earth, no living creature can create. Creative activity is the most important aspect of human life, which allows you to convey your talent to society. The consequence of this activity is something new, unique, unique and original. The accumulated products of the human mind are the heritage of the nation, which determine its further development.The Constitution of Ukraine guarantees to the citizens of the state freedom of scientific, artistic, literary and technical creativity, protection of intellectual property rights, moral and material interests arising in connection with various types of intellectual activity. Every citizen has the right to the results of his intellectual, creative activity; no one can use or distribute them without his consent, with the exception of the statutory provisions. The intellectual potential of the nation, in the form of improving education, production, culture, science and technology, needs constant support from our state. The Civil Code of Ukraine for the first time in our national legislation was given a formal definition of the right of intellectual property, as the rights of the individual to the result of intellectual, creative activity or other object of intellectual property rights.

JUSTIFICATION OF SUSPICION DURING THE APPLICATION OF CRIMINAL PROCEEDING MEASURES

The scientific article contains information on the study of the concept of «reasonableness of suspicion», the study by the investigating judge of the evidence that substantiates the suspicion during the application of precautionary measures. The article analyzes scientific works on certain topics, decisions of the European Court of Human Rights and national legislation. The main problem is identified, which is related to the fact that the investigating judge in most cases, when considering a request for a measure of restraint, ignores the need to examine the evidence related to the examination of suspicion. The result of the above material is the fact that the notification of a person of suspicion can in no way justify the application of measures to ensure criminal proceedings. An important procedural step, which plays a crucial role in the pre-trial investigation stage, is the notification of a person of suspicion. Suspicion is presented to a person only on the basis of proper, admissible, sufficient and reliable evidence, it allows to suspect a person of committing a criminal offense. The pre-trial investigation body does not always establish all sufficient grounds for such a suspicion, so the question arises as to its validity. After the notification of suspicion, it is possible to apply one of the measures to ensure criminal proceedings, namely: a precautionary measure. The norms of the criminal procedure law oblige the court, when choosing a measure of restraint, to take into account the data underlying such a decision. The presence of a notice of suspicion is not an identical notion of the validity of the suspicion. In order to substantiate the suspicion, the parties to the criminal proceedings are obliged to provide the investigating judge with evidence of the circumstances to which they refer, which in turn entails the duty of the investigating judge, the court to verify and evaluate the evidence. The presence of risks does not justify the suspicion. The need to comply with the rule on the verification of «reasonableness of suspicion» is realized by establishing criteria that should be investigated and established by the investigating judge during the consideration of motions for the application of measures to ensure criminal proceedings.

IMPLEMENTATION IN UKRAINE OF THE GLOBAL GOALS OF THE DECADE OF ACTION TO ENSURE ROAD SAFETY 2011–2020

The article is devoted to the study of the implementation of the global goals of the Decade of Action for Road Safety 2011–2020 in Ukraine. It is stated that the precondition for the adoption of the UN General Assembly resolution № 64/2551, which proclaimed the Decade, was that according to the analysis, almost 1.3 million people are victims of road accidents every year, and its goal is to reduce mortality from Accidents by 50 percent by 2020. The key elements of the activities of national and local government bodies proposed by the Global Plan for the Decade have been identified. An analysis of the dynamics of road traffic injuries in Ukraine for 2010–2020. The influence of the measures introduced by the state on the state of road traffic injuries is investigated and the real indicators of mortality and injuries on the highways of Ukraine are determined. It is established that the mortality rate from road accidents in Ukraine during the Decade decreased by 27.4 %, and during the implementation of the Strategy to increase road safety in Ukraine until 2020 managed to reduce mortality on Ukrainian roads by only 11.5 %. The ambitious goal of the State Program to increase the level of road safety in Ukraine for the period up to 2020 – reducing the number of deaths due to road accidents to 4 people per 100 thousand population – also failed to be achieved. Given the steady decline in the population of Ukraine, this figure is 11.7 deaths in road accidents per 100 thousand population in 2020. It is proved that the measures taken do not fully correspond to the content of strategic decisions taken at the international level. The results of the state initiatives introduced in Ukraine, although outlined the tendency to stabilize road traffic injuries, did not provide even the average European level of dynamics of reducing accidents on highways. The Decade of Action for Road Safety 2011–2020 and the goals of sustainable development, apparently significantly influenced countries that take measures, so they need to be continued until 2030 to maintain the current level of awareness.

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.