Essence and Content of the Competitiveness of the Officers of the National Police of Ukraine

It has been stated that the current Labor Code of Ukraine is outdated, the content of some of its provisions does not correspond to modern economic and social realities. Besides, a significant number of problematic issues remain unresolved, for example in regard to ensuring the guarantees of competitiveness of individual employees, in particular those who work in public authorities (in our case – law enforcement agencies), where one of the most important is certainly the National Police of Ukraine. It has been proved that competitiveness is a characteristic of the modern labor market. There are subjective and objective factors that affect the competitiveness of the profession of the National Police officer at the labor market. The following key conclusions have been formulated regarding the essence of the category of “competitiveness” in the context of the issues mentioned in the article: 1) competitiveness of an employee of the National Police of Ukraine is a set of professional characteristics of an employee that characterize his ability to effectively perform the tasks and responsibilities assigned to him to protect law and order and combat offenses, the realization of the relevant rights; 2) the competitiveness of the profession is a set of working conditions that makes this profession more attractive and prestigious among other professions at the labor market; 3) a competitive employee is an employee who, by his professional and moral and business qualities, best meets the requirements of the vacant position and has certain advantages over other employees; 4) competitive profession is a profession that is the most attractive among other professions at the labor market of Ukraine. It has been generalized that the competitiveness of employees may depend on various objective and subjective factors. Objective ones include certain personal qualities of a person of physical and moral nature (age, intellectual development, gender, psycho-physiological state, communication skills, stress resistance, as well as other personal data that characterize the moral and physical stability of employees). In our opinion, subjective factors include the availability of higher specialized education, a high level of efficiency, initiative, continuous professional development, etc.

Legal Regulation of Police Work Incentives

Based on the analysis of scientific views of scholars, the author has established that the legal regulation of incentives for police work is the regulation of public relations by law means in regard to external incentives for police officers to highly professional, conscientious and dedicated performance of professional and official tasks, functions and powers, as well as their encouragement to achieve positive results in this work. It has been emphasized that the need for legal regulation of incentives for police work is due to the fact that, first of all, employees must know and understand what they can expect in case of successful, dedicated, high-quality and effective performance of their duties and responsibilities, as well as what they can expect in case of improper (not effective, in terms of the violation of law, official discipline, norms of public morality, professional ethics, etc.) perfomance of their powers; secondly, work incentives are provided not only through positive motivation and encouragement, i.e. in the form of receiving appropriate remuneration by a police officer or public recognition of his or her merits, but also through the possibility of prosecuting a police officer for improper performance of official duties. The author has proved that it would be appropriate to provide the right of other subjects, such as members of the public, to raise the issue of encouraging a police officer in order to reduce the dependence of police officers on their immediate superiors in terms of incentives for conscientious work and special merits to society, since police officers serve not the superior officer, but to the people of Ukraine. It has been clarified that the normative principles of implementing the incentive measures within the system of police agencies cause certain remarks that do not allow to consider incentives as an unequivocally effective tool for influencing the efficiency and quality of police officers’ performance of their professional tasks, functions and responsibilities; a tool that really encourages them to selfless and conscientious work in the interests and for the benefit of the people of our state.

On the Issue of Judges’ Salary as an Element of the Constitutional and Legal Status of Judges

The article focuses on the use of the categories of «permanent population» and «existing population» while applying the regional coefficients in determining the basic amount of salary of a judge, since the judge’s salary guarantees the independence of the judge and is an integral part of his constitutional legal status. Attention is drawn to the fact that, since the judge’s salary can be determined only by the Law of Ukraine «On Judicial System and Status of Judges» the issue of the uniqueness of the application of regional coefficients requires an additional focus of scholars and practitioners, which, in turn, is related to the uncertainty of the provisions of paragraphs 2, 3, 4, Part 4 of the Art. 135 of the above mentioned Law. Determination of the regional coefficient for the calculation of the judge’s salary substantiates the feasibility of applying regional coefficients in practice based on the data, in particular, the basic indicators of the effectiveness of the courts of settlements, population of which exceed 1 million and total population of which is less than 100 thousand. Relevant comparative data on the burden on judges of such courts is provided. Based on the obtained empirical data, it is concluded that there are ambiguities in the use of the categories «existing population» and «permanent population» by the State Judicial Administration of Ukraine while approving staffing of courts in the period of 2017-2020 on the example of Odesa City, despite the relatively constant number of permanent and existing population in the city during this period. The necessity to apply the category of «existing population» in determining the basic salary of a judge is argued, as well as the advisability of amending the paragraphs 2-4 of Part 4 of the Art. 135 of the Law of Ukraine «On Judicial System and Status of Judges» in regard to the need for uniform application of this rule in practice and ensuring that the social guarantees of judicial independence are respected.

Protection of Clients’ Rights in the Microcredit Process

The author has analyzed the role and significance of overdraft for microcredit of the needs of the poor in the conditions of economic crisis and low wages. The positive and negative aspects of overdraft in the context of integration of the country’s financial system into the world community have been clarified. Inconsistency of normative provisions of legislative acts reduces the efficiency of the banking sector of the economy. Bank managers resort to abuse, do not fully explain the terms of microcredit, and do not create conditions for the management of balances and control over them. Customer complaints are considered formally, without their participation. Using the trust of the client, bank managers offer a variety of services in order to receive commissions. The business reputation of a bank employee depends on the amount and amount of funds attracted by the client, but not on the quality of services. It has been offered to strengthen state control over the activities of the banking sector, as well as to increase the legal awareness of young people in the process of using financial services of foreign and domestic banks and credit institutions.

Evolution of Legal Consolidation of Language Policy of Russian Empire on Ukrainian Provinces in XIX – early XX Century

The need to create an effective mechanism to ensure the implementation of language policy by our state has been increased at the present stage of the development of Ukraine and its legal system. It, on the one hand, will ensure the revival and spread of the Ukrainian language, and on the other will allow the development of national minority languages in accordance with the European Charter for Regional or Minority Languages (1992), the UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1992), the UN Resolution on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1995), The Oslo Recommendations on the Language Rights of National Minorities (1998) and other existing international legal acts. Historical experience can significantly help the successful implementation of measures aimed at improving the effectiveness of domestic legislation in this area. It will allow us not to repeat the mistakes of the past and take into account and use the positive developments. Unfortunately, domestic practice demonstrates a clear lack of attention to the study and use of such experience. The purpose of the article is a comprehensive historical and legal analysis of the processes of legal consolidation and implementation of the language policy of the Russian Empire on the Ukrainian lands in the XIX – early XX centuries. In accordance with the purpose, the following tasks have been formulated: to consider how the imperial language policy has evolved, aimed at narrowing the scope of using the language of the Ukrainian people for assimilation, to emphasize the role and significance of the legal component in these processes that was expressed in the legislation and law-enforcement activity of the relevant state authorities. Scientific novelty is manifested in the fact that this article is one of the first scientific works, where the problems of legal consolidation of Russification language policy on the Ukrainian lands during the past and the beginning of the last centuries are studied according to the latest methodological positions, based on a comprehensive analysis of existing scientific literature, regulatory and law-enforcement acts, as well as other historical and legal sources. The author of the article has emphasized that the tsar pursued a policy of incessant formal and legal restrictions on the Ukrainian language during this period. It has been claimed that during the 60-80s of the XIX century there was the legislative consolidation of that policy. The author has determined the purpose of the imperial government – to limit the scope of use of the Ukrainian language in order to prevent it from becoming a key element in the creation of Ukrainian identity.

Problems of Legal Regulation of Academic Integrity Compliance in Ukraine

The current state of legal regulation of academic integrity in Ukraine has been analyzed. It has been found out that the standards of academic integrity are still poorly studied in the scientific field in Ukraine. However, some aspects of the legal regulation of academic integrity have already been considered in the works of national scholars. However, given the relative novelty of the term of “academic charity” in the current legislation, a number of issues of legal regulation of academic integrity in Ukraine remain relevant and unresolved. It has been noted that the regulatory requirements for the standards of academic integrity were first enshrined only in 2017in the Art. 42 of the Law of Ukraine “On Education”. It became the legal basis for the protection of the author’s scientific work from its appropriation or unjustified publication by another person. Until now, the “standards” of academic integrity were not enshrined in law, although they were used to some extent in verifying the results of dissertation research. This aspect is still problematic from the point of view of legal regulation, and hence practical application. The following problems of the current state of legal regulation of academic integrity in Ukraine have been identified: diversity in the approaches of educational institutions to the criteria used in testing scientific papers for literary piracy; the existence of a legal conflict regarding the regulation of the issue of “self-plagiarism” between the provisions of the Law of Ukraine “On Education” and the Resolution of the Cabinet of Ministers of Ukraine No. 567 dated from July 24, 2013; the need to distinguish between additional and detailed liability for the violation of academic integrity; inconsistency of terminology in the current legislation, etc. Ways to solve existing problems have been suggested.

Role of National Taxes and Fees in the System of Mandatory Payments

The provisions of the Tax Code of Ukraine, which determine the national taxes and fees within the system of mandatory payments, have been studied. It has been determined that the main purpose of national taxes and fees is the formation and saturation of the State budget’s revenues. The influence of national taxes and fees on the regulation of production and consumption has been clarified. It has been stated that national taxes and fees have a general impact on each person, obliging him or her to pay taxes established by the Tax Code. It has been determined that the studied taxes and fees are a lever for regulating and preventing negative tendencies in the economy and are the part of the mechanism that ensures the relationship between national interests and the interests of local business entities. The role of national taxes and fees within the system of mandatory payments as a source of revenues of the State budget (given their stability) also determines the policy of formation of all other types of revenues. The role of national taxes and fees in the formation of local budgets in Ukraine has been analyzed, namely such instruments of budget regulation as interest deductions from national taxes and revenues, budget transfers (budget subsidies, subsidies and subventions, withdrawals to the State Budget of Ukraine, intergovernmental settlements) and budget loans. It has been offered that the share of national taxes, which should be fixed in local budgets, is defined in proportion to the amount of the relevant national tax collected in a particular community. An important criterion for the VAT distribution between centeral and regional budgets should be the population of the region. It has been noted that national taxes are distributed between different levels of the budget system in accordance with the norms of deductions.

Current State of Normative and Legal Regulation of the Rehabilitation Institution in Criminal Proceedings of Ukraine

The authir has carried out theoretical study of the current state of regulation of the rehabilitation institution in criminal proceedings of Ukraine, the immediate task of which is to protect human and civil rights and freedoms within relations between the state and an individual. Numerous appeals to the ECHR by citizens of Ukraine, who have been illegally or unjustifiably prosecuted, as well as the existence of decisions in their favor indicate on the shortcomings of this institution. The essence of the term of “rehabilitation” and its normative enshrinment in legislative acts at some historical stages of the world community development has been studied. It has been established that it was first used in medieval France to denote the pardon of a convict with the restoration of all his former rights. However, due to the development of social relations and a radical change in society’s attitude to sentencing, the concept of “rehabilitation” has become much broader than the original definition. Based on the detailed analysis of theoretical developments of leading scholars, international and legal acts, criminal procedural legislation of Ukraine, some countries of the European Union and the post-Soviet space, special attention has been focused on significant shortcomings of legal regulation of the specified area of public relations in Ukraine. The author has suggested own vision of the concept of “rehabilitation”. The author has offered to reffer it to the tasks of criminal proceedings stipulated by the provisions of the Art. 2 of the Criminal Procedura; Code of Ukraine. Besides, special attention has been paid to the fact that a rehabilitated person, in addition to compensation for damages and restoration of violated rights, must receive an official apology on behalf of the state for unjustified or illegal prosecution.

Theoretical and Legal Approaches on Determining the Content of the Notion of “Health Tourism”

The author has proved the prospects of medical tourism development in Ukraine. The analysis of the concepts of “tourism” and “health tourism” has been carried out; their features have been singled out. The expediency of distinguishing the concept of “health tourism” on “medical” and “health” has been proved. It has been offered to amend the Art. 1 of the Law of Ukraine “On Tourism” by defining the terms of “medical tourism” and “health tourism”. The content of the concept of “medical tourism” has been studied; its constituent elements have been singled out; the author’s definition of the concepts of “health tourism”, “medical tourism” has been formulated; the sphere of their law-enforcement has been defined. The author has developed propositions to improve the regulatory acts regulating the circulation of medical tourist services (health and medical) in Ukraine, namely: the Tax Code of Ukraine, the Law of Ukraine “On Public and Private Partnership”, the Law of Ukraine “On Licensing of Economic Activities”. The author has also offered to develop and approve the National Program for the Development of Medical Tourism in Ukraine.

Guarantees for Exercising and Protecting the Property Right of Internally Displaced Persons

The author has researched property relations of internally displaced persons, the peculiarities of which are determined by their legal status and the lack of sufficient legislative regulation to protect their property status. It has been emphasized that the realization of property rights occurs through the will and actions of the owner, which must fully comply with legal requirements, because the right of the owner to actions and the actions themselves – differ from each other. The difference between the content of a subjective right and its realization is, first of all, that the content of a subjective right covers only the possible behavior of an authorized person, and the realization of the right is a real, concrete action that leads to legal consequences. Therefore, the realization of property rights by internally displaced persons is absolute, i.e. absolute civil rights apply to an indefinite number of persons, except for the right of the owner. The legal categories of “realization”, “protection” and “defense” have been analyzed as integral components of the property right of internally displaced persons. It has been stated that protection is the category of the normal state of existence of the subjective right, and defense is the category of the subjective right in a violated state. It has been proved that in most cases people who have left their place of residence due to armed conflict or other forms of violence do not have a real opportunity to realize actual and sometimes legal (for example, due to the lack of proper documents on the property) possession. It indicates the need to introduce guarantees that will ensure not only the realization of property rights by internally displaced persons, but also the safety of their property. It has been offered to understand the guarantees of property rights of internally displaced persons as a set of methods, means and procedures aimed at ensuring the realization of their property rights. The author has formulated own definition and has suggested the classification of guarantees of property rights of internally displaced persons, with their division into general and special, as well as guarantees of the realization of the rights and guarantees of protection.