Сoncepts and elements of judicial enforcement

The problems of judicial enforcement are considered in the article. It is emphasized that judicial enforcement is a legal form of state functions implementation. The need to study this legal category is emphasized. This need is related to the harmonization of legislation with international standards, judicial reform, and increased protection of human rights. Different points of view of legal scholars concerning judicial enforcement are investigated. It is concluded that the judicial application of the law is based on the rules of positive law. A judge may not refuse to hear a case due to gaps in the law. Judicial enforcement is associated not only with the application of the law, but also with their interpretation, and sometimes lawmaking. On the one hand, the judiciary is a manifestation of power, and on the other it is the most rational and effective form of control over the activities of state power. It is stated in the article that justice, as a court activity carried out in the form of civil, administrative, criminal, economic and constitutional proceedings, takes place in the procedural forms established by law. Law enforcement activity of the court is a long, complex and systematic process. It has a specific purpose, that is a clearly defined value, which includes recognition of a person, their life, health, honor and dignity, inviolability and security. It is stated that law enforcement cannot be carried out beyond the principles of law, as they go through all the rules of law and are the basis of the legal system. The components of the rule of law are recognized by the international community. In particular, they are: – the right to appeal against the actions of public authorities; – free assessment by the court of the circumstances of the case; – independence and impartiality of judges; – independent judicial procedure, which covers fairness, openness, reasonable time for consideration of the case, availability of legal aid; – binding nature of court decisions. In order to ensure the proper judicial system functioning, it is proposed to amend the current legislation in the process of judicial reform. The conclusions to the article stipulate that the court performs both law enforcement and law-making functions. The essence of the administration of justice and judicial activity is reduced to the application of law. In the process of administering justice, the judiciary acts in clearly defined procedural forms. Judicial power, as a subject of constitutional regulation, is exercised precisely in justice, and justice is administered and administered by the court through judicial enforcement. Key words: judicial enforcement, justice, judicial activity, judicial power, judicial proceedings, judicial lawmaking.

legal basis of formation of piblic service institution in Ukraine

The article analyzes the approaches to the civil service organization in Ukraine and examines the regulations of the civil service establishment since independence time. The attention is payed to the regulatory uncertainty of the separation of civil and public service in Ukraine. It is emphasized that the legal basis of the civil service in Ukraine is determined by the Law of Ukraine “On Civil Service”, which was adopted in 2015. The first such laws were adopted in 1993 and 2011. The Law of Ukraine “On Civil Service” of 1993 for the first time established a special legal status of civil servants – persons authorized to perform state functions. The Civil Service recognized the professional activity of persons holding positions in state bodies and their staff for the practical performance of tasks and functions of the state, receiving salaries at the expense of state funds. The Main Department of the Civil Service under the Cabinet of Ministers of Ukraine was designated as the civil service government body in the state bodies. At that time, the procedure for serving in local self-government bodies was not legally regulated in Ukraine, which hampered the establishment of the public service institution in Ukraine. With the adoption of the Constitution of Ukraine, there was a division of public service into civil service and service in local self-governments. The Laws of Ukraine “On Local Self-Government in Ukraine” and “On Service in Local Self-Government Bodies” became an additional basis for distinguishing types of public service. In 2011, a new Law of Ukraine “On Civil Service” was adopted, which provided for changes in the legal regulation of the civil service in Ukraine. Civil service was recognized as a professional activity of civil servants in preparing proposals for the civil policy formation, ensuring its implementation and provision of administrative services, ie the categories of political positions and positions of civil servants were distinguished. The current legislation defines the role of the civil service and its features, as well as the conditions of service in local governments, which is actually the basis for the public service system formation in Ukraine. Key words: civil service, public service, service in local self-government bodies.

Current state of education of convicts as a means of correction and resocialization

In this article, the author raises the issue of the current state of education of persons detained in correctional institutions, since it is one of the main ways to correct and re-socialize convicts. The author analyzes the national legislation governing the education of convicts. The author also analyzes the normative-legal acts of foreign countries that regulate this issue. It is highlighted the positive aspects which the legislation of our country can adopt for the improvement of problematic moments in the national legislation. The attention is also paid to international and European normative-legal documents in the field of education of convicts and a comparative analysis of compliance with national legislation. The author of the article also singles out the current situation caused by the pandemic COVID-19 virus. It is proposed to further develop distance education in correctional institutions, as it can have positive results in improving the quality of teaching for this category of people, as well as be able to increase the level of security for teachers who work with convicts. The author notes that it is necessary to amend national legislation, namely in departmental and special normative-legal acts and provide convicts with additional paid vocation for the examinations duration of convicts, which will be an additional incentive for persons detained in correctional institutions in order to voluntarily receive education. In this article, the author concludes that the more convicts receive quality education, the lower the rate of recidivism, since it is easier for them to find job and honestly earn a living. Key words: education, education of convicts, correctional institutions, distance education, correction, re-socialization, convicts.

Features of criminal liability and punishment of juveniles: reality and perspectiv

In the article the author analyses the features of criminal liability and punishment of juveniles in the current criminal legislation. Particular attention is paid to the release of adolescents from punishment and serving sentences. The author points out that for a long time there have been discussions among scholars about the possibility and expediency of applying to adolescents release from punishment and serving sentences considering the obvious need for their urgent re-education and return to the law-abiding citizens. The author categorically looks positively at this subinstitution of criminal legislation and believes that in some way it allows criminal legislation to perform its protective, educational and preventive functions. It also notes that the list of currently available types of release for both adults and juveniles is quite limited, which does not allow to fully differentiate them according to the specifics of the criminal offense committed by each individual juvenile. A comparative analysis of the current criminal legislation with the draft of the new Criminal Code of Ukraine is carried out. It is stated that scientists have identified not only juveniles but also young people, which is also due to the European vision of the subject of the criminal offense. Most criminal legislations of the Member States of the European Union have a similar differentiation. It is concluded that despite the rapid development of criminal legislation and Ukraine itself, the legislative vision of the limits of criminal responsibility and punishment of juveniles remains almost unchanged. A study of the draft of the new Criminal Code of Ukraine showed that only the age of the subject of the criminal offense was revised, as well as certain features of punishment and release from it. At the same time, any fundamentally new alternative criminal-legal measures and means of interaction with juvenile offenders are not provided, which indicates that the juvenile criminal legislation of Ukraine is not yet fully compliant with European and international standards of justice according to juveniles who are in conflict with the law. Key words: juvenile, criminal liability, punishment, release from punishment and serving sentences, draft, new Criminal Code, European Union.

Methods of prohibited items penetration in penitentiary institutions and prevention measures

The article analyzes the ways of penetration of prohibited items for storage and using of products, objects, things and substances in penitentiary institutions, based on statistics of their seizure in restricted areas of institutions and when trying to deliver them to protected areas. The structural components of the manufacture and transfer of prohibited items are identified, among which the subjects of receipt or manufacture of prohibited items, the subjects of transfer, the psychological and motivational component and the direct action aimed at the transfer or manufacture of these items are identified. There is a high concentration in penitentiary institutions of persons convicted of serious, especially serious criminal offenses and convicts who are on preventive records and in need of constant control and influence on the behavior of the administration of institutions. At the same time, the presence of prohibited items in these convicts significantly increases their social danger, hides the risks of them committing criminal offenses while serving their sentences. The most common methods of delivery of prohibited items to institutions have been established, which are the transfer through engineering barriers of prohibited areas around the perimeter of penitentiary institutions and covert transmission in parcels. The categories of persons who most often commit offenses of this type are determined – they are relatives and acquaintances of convicts. The author determines the purpose of the restrictions on the storage and using of prohibited items on the territory of the penitentiary institution enshrined in the criminal and executive legislation. As a result, the main directions of the organization of preventive work to prevent the entry of prohibited items into the protected areas, based on the proposed structural elements of the offense. Key words: penitentiary institution, convicted person, imprisonment for a definite term, prohibited items, subject, penitentiary system, criminal offense.

Civil education: legal and gender aspects

The article examines the problems of modernization of education in Ukraine nd focuses on the importance of systematic implementation of civic and gender education in the public space for educational needs, formation and development of citizens who are aware of their rights and responsibilities who have an active citizenship position, patriotism, active outlook, cohesion and tolerance.The article reveals the components of civic and gender education, the main normative-legal and program base for their implementation in the formal and non-formal education system. The issue of strengthening is revealed considering the practical component in the training of specialists in the humanitarian sciences and the importance of using the most effective research tools, taking into account gender aspects. The importance of mastering the skills by higher education obtainers of conducting sociological research using modern information technologies, platforms and social networks is emphasized.One of them is determined to be the online service Google Forms, which allows easily creating a variety of tests, surveys, getting feedback, automatically process information and presenting it in graphical forms for easy analysis. The results of a sociological survey using the Google Forms survey showed significant differences in the responses of women and men, indicating mandatory gender and age differentiation in the research.The problems of fragmentation of civic and gender education, lack of a unified cross-cutting approach to the structure of civic competencies, insufficient practical orientation of education cause unsystematic approaches and activities, uncoordinated actions of stakeholders, especially in training humanities and civil servants.Thus, the educational, scientific and managerial community faces an important task to find new forms, adequate to the challenges of the information age, content and mechanisms of civic and gender education for all groups as a factor of democratization of Ukrainian society. Key words: modernization of education, civic education, gender education, democracy, equality, information technologies in education, sociological polls.

Use of international experience in the system of selection of ukraine’s penitentiary personnel

The peculiarities of candidates’ selection for work in the State Criminal and Executive Service of Ukraine are considered in the article. The statutory regulations that determine the requirements for applicants to serve in the SCES of Ukraine, among which the leading place is occupied by the Law of Ukraine “On the SCES of Ukraine” and the Law of Ukraine “On National Police” are analyzed. The advantages and disadvantages in the functioning of the domestic system of requirements for candidates for work in the SCES of Ukraine are revealed. Enough attention is paid to the Ukrainian and foreign approaches to the staffing of the Penitentiary System. The standard of requirements for candidates for employment in the Penitentiary System, enshrined in international legal acts, is analyzed, as well as the requirements for candidates for employment in such countries as Germany, Switzerland, Iceland, Austria, Canada and Denmark, which are not typical for the Ukrainian Penitentiary System, are considered and analyzed. In order to improve the current legislation governing the selection of persons to the SCES of Ukraine, the article provides a comparative analysis of the procedure for staffing foreign and Ukrainian penitentiary bodies and institutions, as well as the requirements for candidates for the SCES of Ukraine and foreign Penitentiary Systems. Due to this, promising approaches to improving the quality of staffing of the Penitentiary System of Ukraine are revealed and the feasibility of using foreign experience in recruiting for the penitentiary system of Ukraine is substantiated, as well as the changes to current legislation setting requirements for candidates for SCES of Ukraine are proposed. At the same time, it is emphasized that borrowing positive foreign experience of completing penitentiary positions requires amendments to the current legislation of Ukraine, as well as synchronization with the peculiarities of the Ukrainian Penitentiary System by creating a pilot project in order to actually test the results of world analysis, monitoring and tracking the changes, on the basis of which it will be possible to make further decisions. The expediency of creating a separate statutory regulation, the purpose of which is to regulate the procedure for passing the military medical commission exclusively by candidates for service in the SCES of Ukraine and junior enlisted as well as the command staff of the SCES of Ukraine, is substantiated. Key words: penitentiary system, personnel, vacant position, position requirements, selection system.

Administrative and legal means of preventing interference (pressure) in the legitim work of law-enforcement authorities at the institutional level

A modern vision of the concept of preventing and counteracting interference (pressure) in the legitim work of law-enforcement authorities as a complex task of public policy, the implementation of which requires the use of a number of administrative, legal, organizational, informational tools are offered in the article. Nationwide factors that have become prerequisites for increasing the relevance of the topic at the legislative and doctrinal levels are identified. They are the following: 1) the natural development of the domestic legal system, strengthening the integration of the European legal tradition; 2) the increase in unjustified pressure on law enforcement agencies in connection with their systemic activities. Interference in the work of law-enforcement authorities can be legal, illegal, quasi-legal. The forms of influence expression are: active one (for example, media attacks) or passive form (non-appointment of the head). The influence expression is classified according to the following gradation: interference, obstruction (blocking), inclination to make decisions, threats, etc. Studying of forms of influence is necessary for forming an adequate policy to respond to them. The article emphasizes that in addition to lawful and unlawful interference, there is another act that does not contain the elements of an offense, instead, covering the abuse of a certain right, creates obstacles to the effective performance of law enforcement functions. The author notes that the introduction of modern psychological forms of law-enforcement officers’ protection helps to increase their professional suitability, ability to withstand threats and challenges. Key words: law-enforcement authorities, obstruction, interference, unlawful influence, independence of law-enforcement institution, criticism.

Theoretical principles of organization of local government and local self-governanment in foreign countries and in Ukraine

In its modern form, local government and local self-government were formed as a result of constitutional and municipal reforms of the late eighteenth – early nineteenth century. Their formation and development have historically been associated with the process of transition from feudal organization to industrial society. The stronghold of the bourgeoisie were the cities that fought for independence in the management of local affairs. Medieval cities with their administrative, financial and judicial privileges, practically, carried in themselves “embryos of municipalism”. This was expressed, first of all, in the requirements of giving independence to communities and larger historically formed territorial communities. The free community was the leitmotif of the concept of municipal autonomy in Europe. According to many authors, from the middle of the XIX century local government of this kind began to be called local self-government. The public-state concept of self-government is optimal for Ukraine. First, it ensures the formation of a system of local self-government as an institution of civil society. Secondly, such a model contributes to the active involvement of local governments in the implementation of functions and tasks of public administration. The theory of social functions of municipal government has the greatest influence on the practice of local self-government at the present stage of state development. According to it, local governments are social services that are able to meet the interests of all segments of the population. As representatives of the socially useful, non-political activities of the state, local governments are in partnership with him on the basis of mutual benefit and receive financial assistance in response to increased costs. Local self-government naturally depends on the state, in fact acts as a guiding and controlling authority. Local self-government as a somewhat independent institution of civil society is a necessary element of the mechanism for smoothing political differences between the legislative and executive branches of government. Its further development is a prerequisite for the democratization of public administration and the functioning of the political system, which is the basis for the full development of the state. After all, developed local self-government testifies to democratic public administration and ensuring the constitutional principle of state control over citizens. Key words: local government; Anglo-Saxon model of local self-government; continental model of local self-government; local (communal system) self-government of Germany; the Iberian model of local self-government; Soviet model of local self-government; public-state concept.

Illegal benefit in anti-corruption legislation: problems of legal regulation

The types and meaning of the main methods of preventing corruption are examined in the article. Administrative methods of combating corruption are identified among them. They are divided into two groups: rule-making (adoption of relevant law); law enforcement (application of law). The importance of proper legislative regulation in liquidating corruption is outlined. The formation of anti-corruption legislation, which has been going on for a long time, is revealed and it is noted that to date anti-corruption legislation has undergone a significant transformation and changed its purpose that is “prevention” instead of “struggle”. Emphasis is placed on innovations and reforms contained in the updated anti-corruption legislation. The provisions of statutary acts, which enshrine illegal benefit, are given. For carrying out a detailed analysis, the scholars’ positions on the current legislation on the definition of “illegal benefit” were analyzed. It revealed differences in existing approaches to the essential features of this phenomenon. The concept and features of a gift are analyzed in order to distinguish it from the illegal benefit and identify the main reasons for this. The importance of clear regulation of illegal benefit and gifts in order to avoid incorrect classification of violated anti-corruption legislation was emphasized. After analyzing the essence of “illegal benefit” and “gift”, it was found out that common to the subject of gift and illegal benefit was to receive both materially defined and things that do not have a monetary equivalent and material reflection. A sign that allows to distinguish a gift from an illegal benefit is the sign “without any legal grounds” for receiving an illegal benefit and “gratuitousness and receipt/gift at a price below the minimum market”. It is the last part of the component definition of a gift that testifies to the value characteristics of a gift. It is noted that taking into account the fact that since the difference between a gift and an illegal benefit is unclear, it may lead to incorrect classification of violated anti-corruption legislation. Key words: illegal benefit, gift, anti-corruption legislation, corruption offense, corruption-related offenses, criminal liability, administrative liability.