FEATURES OF ADMINISTRATIVE AND LEGAL STATUS OF ADMINISTRATIVE COURTS AS SUBJECTS OF INTERACTION WITH PUBLIC ADMINISTRATION AUTHORITIES

The article is devoted to the analysis of general theoretical aspects of determining the administrative and legal status of administrative courts as subjects of interaction with public administration bodies. The basis of the study were modern scientific developments on the subject, as well as current national legislation. The article reveals the category of "status". The essence of the legal status as one of the varieties of the general status of the subject (person, authority, etc.) is analyzed. Scientific approaches to the administrative and legal status are analyzed. The current administrative and legal status of administrative courts in Ukraine is determined. It is concluded that the administrative and legal status of administrative courts is the legal status of administrative courts determined by the norms of administrative law, which consists of a set of elements, the determining factor among which is instance and territorial jurisdiction for public law disputes, one of the parties of which is a public authorities. It was found that among the features of the administrative and legal status of administrative courts as subjects of interaction with public administration authorities should be noted: 1) does not contain the traditional division of elements into rights, freedoms, responsibilities, and is answered only by the competence in the relevant jurisdiction; 2) administrative jurisdiction, according to current legislation, is differentiated into institutional and territorial; 3) is regulated not only by substantive but also by procedural rules of law; 4) consider cases of administrative jurisdiction, in which public administration authorities may act as one of the parties, and administrative courts may interact with these bodies outside the court process.

FEATURES OF CONCLUSION OF AGREEMENTS IN THE FIELD OF ECONOMIC AND TRADE ACTIVITY

The article is devoted to the legal analysis of the peculiarities of concluding agreements in the sphere of economic and trade activity. The article emphasizes that among the civil law contracts, which are the basis for the obligation, a special place is occupied by the trade and economic contract. It is noted that the trade and economic agreement does not mean a separate type, but a set of agreements with a number of such inherent qualities that necessitate to establish within the general rules of contract law rules common to business agreements only - deliveries, contracts for capital construction, transportation of goods, operation of non-public railway access roads, etc. The commonality of these agreements is expressed in a number of features, which are also covered in this article. It is emphasized that trade and economic agreements pursue certain economic goals and serve economic activities. It is noted that the specifics of trade and economic agreements is that they are or are planned. It is recorded that the forms of economic and trade activities include: logistics and sales (supply and purchase and sale); energy supply; procurement (contract of contracting of agricultural products); Wholesale; retail trade and public catering; sale and lease of means of production; commercial mediation in the implementation of trade activities and other ancillary activities to ensure the sale of goods (services) in the field of circulation (agency agreements, commissions, instructions, transport and forwarding activities, etc.). Emphasis is placed on the fact that this commonality of all economic agreements and necessitates the establishment of a number of general rules for them, and therefore it is necessary to study the theoretical basis of the trade and economic agreement.

FORMS OF COMPLETION OF PRE-TRIAL INVESTIGATION: NEWS OF LEGISLATION

The article is devoted to the study of certain issues related to the procedural order of completion of the pre-trial investigation and the latest changes that have been made to the criminal procedure legislation. Some shortcomings of the legal regulation of the researched institute are pointed out, in particular, the order of granting access to materials of criminal proceedings, term for acquaintance with them. Peculiarities and problematic issues of the end of the pre-trial investigation with the use of the information and telecommunication system of the pre-trial investigation are considered. A necessary condition for ensuring the constitutional principle of legality in criminal proceedings is the properly organized activities of the pre-trial investigation, prosecutor and court to establish all the facts of the criminal offense in order to achieve objective truth. Legitimate and reasonable decision-making on the termination of the pre-trial investigation ensures the implementation of the tasks of criminal proceedings, which are provided by Article 2 of the CPC of Ukraine. Thus, the legislator notes that the observance of legal procedure at the end of the pre-trial investigation is one of the main guarantees of protection of the rights and legitimate interests of participants in criminal proceedings. Such protection should take place through the strict performance of their duties by authorized bodies and officials. It has been established that changes in the legislation significantly facilitate the work of the defense and other participants in the process of opening and reviewing the materials of criminal proceedings. In addition, these changes will eliminate the possibility for officials conducting inquiries and pre-trial investigations to make corrections or falsifications of criminal proceedings at various stages of the investigation and after its completion. After all, the main protocols and other procedural documents will be uploaded to electronic systems. Unauthorized interference with the operation of electronic information and telecommunication systems will be punished.

LEGAL REGULATION OF SCIENCE PARKS ACTIVITIES IN UKRAINE

The article is devoted to topical issues of legal regulation of science parks in Ukraine and the world. The study examined the essence of the concept of science park and the genesis of the development of legislation on the activities of science parks. The peculiarities of the types of science parks have been studied. The issue of regulating the activities of the science park as a subject of legal relations is detailed. The general tendencies of the international legal regulation of activity of science parks are defined. The author came to the conclusion that science parks have proven their effectiveness and efficiency in the development, implementation and dissemination of modern innovative technologies, have played a significant role in raising the level of science in Ukraine, as well as in training highly qualified scientists. However, starting in the mid-2000s, almost all indicators of technology parks began to decline sharply. The main reason lies in the state's non-compliance with the law and its constant change, the termination of state support in the form of benefits and reduction of the tax burden, blocking of innovative projects and the actual lack of budget funding for science.

CASELAW ON RESOLVING ELECTORAL DISPUTES

The article is focused on the analysis of the state of caselaw on implementing administrative proceedings for electoral disputes. The scientific achievements of scholars and the caselaw of the Constitutional Court of Ukraine, the Supreme Court, courts of the I and II instances, as well as administrative legislation have been studied. It has been found out that elections have social value, so they are an important part of society, characterize the degree of democratization of the state and are aimed at implementing the constituent power of the people, ensuring active participation of citizens in political life of the state, creating conditions for bringing citizens closer to power. The authors have revealed the mechanism, which assists citizens to exercise their right to administer public affairs, to form the system of state authorities. It has been emphasized that it can be realized only if there is an effective electoral system and democratic principles and procedures for the formation of representative agencies of state power and local self-government agencies, proper legislative regulation of the status of all subjects of the electoral process. The authors have offered to consider the activity of administrative courts on ensuring judicial protection of election participants as a guarantee of observance of their constitutional rights, since administrative courts both resolve public disputes related to the election process and reduce social tensions in the state. It has been established that the scientific and practical elaboration of caselaw on the implementation of administrative proceedings for election disputes becomes especially relevant given the modernization of the electoral legislation of Ukraine. Problematic issues of caselaw on the implementation of administrative proceedings for election disputes have been revealed.

THE PLACE OF THE STATE AVIATION SERVICE OF UKRAINE IN THE SYSTEM OF EXECUTIVE BODIES

Based on the analysis of the current legislation, the system of subjects of interaction with the State Aviation Service has been determined. These include: the Ministry of Infrastructure of Ukraine (functional ministry), which includes the State Enterprise of Air Traffic Services of Ukraine, the State Enterprise of Air Traffic Services of Ukraine, the National Bureau for Investigation of Aviation Incidents and Incidents with Civil Aircraft, the State Aviation Regulation Department of Ukraine - bodies implementing state policy in civil aviation and the use of Ukrainian airspace. The following features inherent in the subjects of public administration in the field of aviation and the use of airspace of Ukraine: 1) the subject of public administration are both the executive branch and bodies that do not have such a status were endowed with the appropriate powers; 2) orderliness of the activities of all state subjects of regulation of the aviation industry in accordance with a single goal and strategic objectives, which are simultaneously synchronized with the main vector of development of the state. Among such general directions of development we can single out - European integration, economic strengthening of Ukraine, ensuring national security and defense; 3) the broad profile of the activity of state subjects of regulation is due to the fact that aviation is an integral part of the transport sector of the state; 4) taking into account, in carrying out regulatory activities, a large number of international standards, rules and requirements, which in turn implies the ability of the subjects of state regulation to actively work closely with foreign organizations; 5) the ability to integrate, ie integrated perception of the aviation industry and the use of airspace of Ukraine, which is technologically complex, is not limited to air transport, also includes production, repair and modernization, training, economic, land and other legal issues. 6) exclusion of commercial interests in the implementation of regulatory activities by state entities, while streamlining such activities in accordance with the economic interests of the state. It is noted that the field of aviation and the use of Ukrainian airspace is regulated by a large number of public administration entities, which form a complex and multilevel structure that does not benefit the development of this industry. Special emphasis should be placed on the different status of these bodies and the existence of duplicate powers in them. That is why today it is necessary to simplify the existing system as follows: 1. to ensure the independence of the State Aviation Service of Ukraine by obtaining a special status; 2. to subordinate to the State Aviation Service of Ukraine the National Bureau for Investigation of Aviation Incidents and Incidents with Civil Aircraft; 3. eliminate duplication of powers of public administration entities in this area.

VIOLENCE AS A SOCIAL PROBLEM OF SOCIETY

The study deals with the current situation in the world and in Ukraine, in particular, in the implementation of acts of violence against women and children. It is confirmed that this issue did not have a wide discussion in Ukraine, and among the first to raise the issue of human rights unions and other organizations. It is stated that the existing official agency statistics on domestic violence are fragmentary and do not reflect the real state of affairs. Various factors affecting the manifestations of violence (low standard of living, various types of dependence, etc.) are noted, statistics on violence against women and children are reported by foreign countries (for example, every fourth woman is victimized in Britain). There are various manifestations of violence against women and children, including physical, sexual, economic and psychological violence. They are mentioned in the article defining domestic violence in accordance with the regulations of Ukraine. It is noted that among the most frequent manifestations of violence against women are verbal abuse, psychological pressure, physical abuse, sexual coercion. Statistics show that more cases are attributed to older women, but this is due not to the actual facts of violence, but to the fact that they are more aware of the concept and contact the relevant authorities more often. The article reveals the nature and significance of various forms of violence. In addition, child abuse is identified as a definition of the phenomenon, which is considered in four categories, two of which are not direct violence, but have a detrimental effect on children. Such categories include neglect, psychological abuse, physical abuse, and sexual assault. The following is a classification of violence according to the following characteristics: depending on the offender’s strategy (overt and covert), time (in the past and now), duration (one-time and systemic), place and surroundings (at home, at school, on the street). Attention is drawn to the fact that the child suffers from several types at the same time. The study also noted cases of violence against men and the corresponding consequences of this phenomenon.

DISMISSAL AS A MEASURE TO ENSURE CRIMINAL PROCEEDINGS

The article considers the legal grounds and procedure for removal from office in criminal proceedings, analyzes the range of procedural problems that arise in the implementation of the investigated measure. As a result, it was established that removal from office in criminal proceedings belongs to the measures to ensure criminal proceedings. Important aspects that require consideration are the grounds for dismissal, as well as the appropriate procedural procedure for the implementation of the measure under investigation. The study reveals the need for further study and detailed legal regulation of such a measure of criminal proceedings as removal from office, given the underdevelopment of its effectiveness and significance by the pre-trial investigation authorities. The main task of the current CPC of Ukraine is to respect and protect the rights and legitimate interests of persons involved in criminal proceedings, to ensure the legality and reasonableness of restrictions on constitutional human rights and freedoms at the pre-trial stages of criminal proceedings. Measures to ensure criminal proceedings are directly related to the restriction of human rights. This institute is given considerable attention both at the legislative level - within the CPC of Ukraine provides for a separate year II, and in the practical implementation of its provisions - the implementation of specific criminal proceedings. Modern criminal procedural legislation of Ukraine, enshrining a new system of coercive measures, proposed a humanistic approach to the restriction of labor rights of the individual and established preliminary judicial supervision over the legality and justification of temporary removal from office of a suspect or accused. In the system of measures of criminal procedural coercion, removal from office occupies a special place due to the high probability of creating social difficulties for a suspect or accused person who loses his job, position and position in society, receiving a statutory level of material support from the state. Therefore, there are problems of unclear legal regulation of removal from office, the practice of applying this measure to ensure criminal proceedings has not been properly formed, which has led to a decrease in the number of satisfied requests of the prosecution. The following problems can be argued: first, the lack of justification for the need to restrict the labor rights of citizens, second, the growing role of legal guarantees to protect the rights of citizens in restricting their constitutional rights, and third, the lack of a clear list of grounds for dismissal. , the content of this measure to ensure criminal proceedings and legal regulation of the legal consequences of removal from office.

SET OF FACTS OF ADMINISTRATIVE OFFENCE FOR CONTEMPT OF COURT OR THE CONSTITUTIONAL COURT OF UKRAINE

The article is focused on the analysis of set of facts of an administrative offense for contempt of court or the Constitutional Court of Ukraine under the Art. 185-3 of the Code of Ukraine on Administrative Offenses. The author has revealed the content of the main elements of the set of facts of an administrative offense for contempt of court or the Constitutional Court. It has been indicated that, unlike the established affirmation, the object of an administrative offense is not public relations in the field of judicial proceedings, but their specific element – it is the obligation of participants of the trial to comply with the established rules of conduct as part of the content of procedural legal relations. It has been clarified that the action, as a feature of the objective aspect of the offense under the Art. 185-3 of the Code of Ukraine on Administrative Offenses can be manifested either in the action or omission. The main possible manifestations of actions and omission as manifestations of contempt of court or the Constitutional Court of Ukraine have been highlighted. The author has supported propositions on formalization of general rules of conduct in court and during court hearings. The author has proved the necessary to study the correlation of procedural and administrative offences committed during a court hearing, as well as the ratio of procedural coercive measures with administrative liability measures for contempt of court or the Constitutional Court of Ukraine. The author has clarified the expediency to unify approaches on determining the concept of “malicious evasion from appearing in court” in terms of the multiplicity of committing the offense. It has been stated that subjects of an administrative offense for contempt of court can be divided into general and special ones. It has been emphasized that an expert as a special subject of an administrative offense under the Art. 185-3 of the Code of Ukraine on Administrative Offenses is solely responsible for contempt of the Constitutional Court of Ukraine. Therefore, the author has offered to admit an expert as a special subject of administrative liability for contempt of court.

ADMINISTRATIVE RESPONSIBILITY IN EMPLOYMENT SPHERE

The article is devoted to the characteristics of administrative liability in the field of labor relations as a special type of legal liability. An attempt is made to take a comprehensive approach to the study of material and procedural norms of administrative liability in the field of labor relations. It is noted that the Labor Code of Ukraine prescribes in detail the disciplinary, material and financial responsibility. It is emphasized that the norms of administrative responsibility are contained in certain laws and the Code of Ukraine on Administrative Offenses. It is noted that the articles of the Code of Administrative Offenses devoted to the selected problem are scattered in separate chapters. The reason for this is that the norms were systematized according to two criteria: the sectoral affiliation of the offense and the object of the offense. It was found that the Code of Administrative Offenses contains articles directly related to such institutions of labor law as employment, collective agreement, labor contract, labor protection, labor disputes, control and supervision over compliance with labor legislation, labor migration. Most articles are devoted to liability for offenses in the field of labor protection. This legal institution has a cross-sectoral nature. Norms of the Code of Administrative Offenses on administrative liability in the field of labor protection can also be divided into universal and specific legal. Attention is paid to the practical implementation of certain articles of the Code of Administrative Offenses. In particular, the control and supervision proceedings are described in detail. The legal dilemma regarding the application of Art. 265 of the Labor Code of Ukraine and Art. 41 the Code of Ukraine on Administrative Offenses and on the fact of more complete normative maintenance of realization in practice of Art. 265 of the Labor Code of Ukraine, which determines the priority of the choice of sanctions by inspectors of the State Labor Service. It is pointed out that there is no special legislation that would prescribe the procedural issues of holding peaceful assemblies, however, administrative liability for violations of the latter exists in the Code of Administrative Offenses, which gives rise to the invalidity of some of its articles.