An essence of the security in context of constitutional legal dimension

Introduction. This article is devoted to the study of the phenomenon of the security within the framework of its understanding in the constitutional legal sphere of national legal science. The need to conduct this study is based on the relevance of the search for promising directions in ensuring the safety of human, society, and the state in a rapidly changing modern world, within the framework of which the main role is assigned to its legal foundations, in which the provisions of the norms of the Constitution of Ukraine play a primary role Purpose and objectives of the study. The main purpose of the article is to consider the concept of security in the framework of the basic legal and constitutional legal category on an analysis of the articles of the Constitution of Ukraine and normative legal aspects (in case of basics of The National Security Act 2018 and The Strategy of the National Security 2020), which enshrine the essence and foundations of ensuring of the security in Ukraine, and also presents the main doctrinal approaches to defining security in the framework of constitutional and legal researches. Research methods. The research carried out in the article is based on the assessment of generally accepted approaches to defining the characteristic features of security as a phenomenon of public relations, assessing the main challenges and threats to the existence of a human, society, and the state in Ukraine at the present stage of their development, analyzing the legal framework for ensuring of security in Ukraine, as well as understanding of security as a constitutional legal category. Research conclusions. As a result of the study, the idea is given that security is a complex and multi-vector category, the nature of which depends on the definition of the scope of its implementation and provision. The legal component is the basis for ensuring of national security as the main way to ensure the security of a human, society, state in Ukraine, which is implemented within the framework of the provisions of the Constitution of Ukraine and special legislation. As part of the study of constitutional and legal approaches to defining national security as a broad category, it is necessary to single out its special component subspecies - constitutional security, which serves as the basis for the protection and stability of the development of constitutional legal institutions and constitutionalism in Ukraine.

Features of transformation of legal entities in the conditions of Brexit

In connection with the decision to withdraw the UK from the EU a number of companies will need to take into account that from 1 January 2021 EU law will no longer apply to the United Kingdom and will become a "third country" for EU Member States, unless the provisions of bilateral agreements or multilateral trade agreements. This means that the four European freedoms (movement of goods, services, labor and capital) will no longer apply to UK companies to the same extent as they did during the UK's EU membership. The purpose of the article is to study, first of all, the peculiarities of the influence of Great Britain's withdrawal from the European Union on the legal regulation of the status of European legal entities. Brexit results in the inability to register European companies and European economic interest groups in the UK. Such companies already registered before 01.01.2021 have the opportunity to move their place of registration to an EU Member State. These provisions are defined in Regulations 2018 (2018/1298) and Regulations 2018 (2018/1299).British companies with branches in EU Member States will now be subject to the rules applicable to third-country companies, which provide additional information on their activities. In the EU, many countries apply the criterion of actual location, which causes, among other things, the problem of non-recognition of legal entities established in the country where the criterion of incorporation is used (including the United Kingdom), at the same time as the governing bodies of such legal entities the state where the settlement criterion is applied. Therefore, to reduce the likelihood of possible non-recognition of British companies, given the location of the board of such a legal entity in the state where the residency criterion applies, it seems appropriate to consider reincarnation at the actual location of such a company. Reducing the risks of these negative consequences in connection with Brexit on cross-border activities of legal entities is possible by concluding interstate bilateral and multilateral agreements that would contain unified rules on conflict of law regulation of the status of legal entities.

Legal nature of the requirements of the banking legislation of Ukraine to ensure credit operations of banks

Іintroduction. Despite the fact that a significant number of scientific publications by well-known Ukrainian authors are devoted to the issues of legal regulation of credit obligations, at the same time separate studies of banking legislation requirements on "acceptability of collateral" have not been conducted in Ukrainian civil science in recent years. This, taking into account the gradual alignment of banking legislation of Ukraine with the standards of Basel III, and Directive 2002/47 / EC of the European Parliament and of the Council of 6 June 2002 on financial collateral mechanisms, necessitates such scientific research. The aim of the article. On the basis of the analysis of the legislation of Ukraine, the legislation of the European Union, scientific advances in the sphere of civil law and banking legislation, in the context of the analysis of the banking legislation of Ukraine, it is safe for creditors. In order to achieve this goal: 1. Conduct an analysis of civil and legal species for the protection of crops for the subject of іх possible delivery to “acceptable safety” and vrahuvannya banks when opening a credit card. 2. Significantly "quasi-security", as viewed by the banking legislation in the form of "acceptable security" for credit cards. 3. Zdіysniti analysis of the approaches to the legislation of the EU in the field of protection from credit denominations. Results. The methodological basis of the study is general scientific and special legal methods of scientific knowledge. In particular, the dialectical method, the method of analysis and synthesis, the comparative law method, the functional method, the modeling method, etc. Conclusions. First, the banking legislation does not consider as "acceptable collateral" such types of collateral as penalty, surety, deposit, retention. Secondly, the banking legislation considers as "acceptable collateral" not only those specified in Part 1 of Art. 546 of the Civil Code of Ukraine types of security for performance of obligations (pledge, right of trust ownership, guarantee), and other types of security for performance of obligations provided by law or contract (reserve letter of credit, performing the function of financial guarantee, guarantees of public entities, guarantee payment), but also contractual constructions which do not concern types of maintenance of performance of obligations (repo agreements). Thus, the banking legislation considers collateral in credit operations from the economic point of view, according to which "acceptable collateral" is only such liquid collateral that guarantees the rapid recovery of the property of the creditor bank, which suffered damage due to default or improper performance of the counterparty loan obligation, as well as "quasi-collateral", if such is referred by banking legislation to "acceptable collateral". Third, the existence of rules in the banking legislation on the acceptability of collateral in no way affects the right of banks to use any type of collateral provided by law or contract, if the application of such is possible in credit relations, taking into account the legal nature of the relevant types. software. Fourth, the set of regulations of the National Bank of Ukraine on the acceptability of collateral can be considered as an institution of banking law, which includes as rules of civil law governing the types of collateral, other rules of contract law governing other "quasi-collateral" contractual constructions, as well as public-law special norms of banking legislation, which establish additional regulatory requirements for banks to ensure credit operations and calculate credit risk.

Terms of fulfillment of the contractual obligation: law enforcement problems

The article is devoted to the issues of legal regulation and law enforcement practice of determining the terms of performance and termination of contractual obligations, in particular, given the ambiguity of interpretation in practice of terms of termination of contract and terms of termination of obligations, including security. The urgency of the problem lies in the ambiguity of the interpretation in practice of the terms of termination of the contract and the terms of termination of obligations, which, as can be seen, is a consequence of the insufficiently successful legal regulation of this issue by law. The issue of extension of the obligation after the expiration of the contract is analyzed from the standpoint that the contract and the obligation are not identical concepts. Contracts are the basis for the occurrence and form of existence of obligations, which simultaneously constitute the content of the contract, but the civil obligation is not covered only by the concept of contract. Discussion issues of certainty of the period (moment) of execution are considered, as the civil turnover is aware of the obligations with a definite and indefinite term (term) of execution, terms of fulfillment of obligations with regular payments. The problematic issues of determining the terms of fulfillment of security obligations, in particular, guarantees, are also analyzed. The practice of application by courts of the provisions of the legislation on the terms of fulfillment of contractual obligations has been analyzed and a number of proposals have been made to improve the current civil legislation.

Interim measures as human rights protection instruments: to the problem statement

Conceptual approaches to defining the nature and the scope of interim measures implementation as an instrument of human rights protection at international and national level are analyzed. The widespread use of interim measures as international standard of urgent respond to alleged violations of human rights has not led to the implementation of the legal institute concerned at the national level. Accordingly, this analysis aimed at defining the grounds of interim measures as human rights protection instrument application to be used by the state as an immediate response to human rights violations and possible violations. European Court of Human Rights has a great practice of interim measures granting. Interim measures are granted by the Court only in clearly defined conditions, namely where there is a risk that serious violations of the Convention might occur. A high proportion of requests for interim measures are inappropriate and are therefore refused. Besides, interim measures are applied upon request of the applicant claiming about alleged violations of his or her human rights. At the national level interim measures should/may be granted upon request of the applicant or by the duty-bearer’s initiative to prevent possible human rights violations. The grounds of interim measures granting should also be defined – the best international practice should be used taking into account the Ukrainian context. Another core issue analyzed is defining duty-bearers – subjects enforced to grant interim to prevent abuse in the sphere concerned. It is obvious that court shall be the only authority to resolve the substantive case of alleged human rights violation. However, public and local authorities shall be enabled to grant interim measures to prevent the possible violations. With this, the scope and the sphere of its application at the national level shall be broader in comparison with the case law of the European Court of Human Rights.

Elements of Political-Legal Development of Ukraine Strategy: Aspects of Actualization and Scholarly Comprehension

and Scholarly Comprehension The unbalanced state apparatus in the conditions of the law enforcement system inaction and the chaotic actions of the authorities aimed at overcoming the crisis caused by the resistance of oligarchic capital eloquently testify to the need to implement systematic programs to restore and develop strategic directions of the state. Strengthening and separating regional elites from the center weakens the role and discredits central governments; the loss of control over the strategic sectors of the economy monopolized by the oligarchs requires the government to constantly seek a compromise between the interests of the state and meet the needs of corrupt capital; lack of own (national) programs for the development of education and science, national security and defense, information policy – led to the introduction of foreign ideas and concepts, sometimes outdated and sometimes irrelevant to modern Ukrainian conditions (for example, the introduction of restrictive economic instruments contribute to the destruction of countries, unable to provide their needs with their own resources at least 90%). The constant reduction of financial, natural, and human resources has led to growing public discontent with the oligarchs who «colonized Ukraine» in the late 1990s and early 2000s and, depending on Russian markets, pursue their own mercantile interests contrary to state interests. Elite change is one of the most pressing and painful issues related to the restoration of subjectivity and statehood in the Ukrainian state. None of the previous mass protests, the Orange Revolution and the Revolution of Dignity, led to a change of elites as the primary, basic cause of mass discontent. Policy inclusiveness and economic monopolization do not help restore public confidence in government actions and decisions. Domestic elites are in one way or another closely connected (dependent) with oligarchic capital – whether financial, political or media. Thus, Ukrainian elites can be confidently called pro-oligarchic, and oligarchs – representatives of domestic elites. The public demand for the de-elitization of the oligarchs has every reason to grow into another Maidan. In Ukraine, during the thirty years of independence, no conditions have been created for the professional realization of educators, scientists, doctors, journalists, engineers, etc. All so-called non-profit professions are in deep decline. Market relations have gradually transformed into market thinking – a liberal economy turns us into a market society. When measuring education, medicine, politics, friendship or family relations according to the standards of market thinking – the market suffers, and public relations, and education, medicine, science, politics, etc. – none of these categories can be market by definition.

Perpetrator's identity – central issue of modern criminology (Some Aspects in the Context of Opposing Criminality)

Due to the fact that our society lives in a state of criminality, this study theoretically attempts to show the value of research on the perpetrator's identity and the need to oppose criminality thereof. The purpose of the study is to understand one of the main components of the subject of criminology, which is the perpetrator's identity, to clarify his role and place in the opposing against criminality. The study applied the principle of social naturalism. It is proved that the study of the identity of the perpetrator on the basis of the principle of social naturalism opens up new opportunities in finding, more successful influence on the behavior of persons committing criminal offenses. Because it determines that the core of the perpetrator's identity is an arbitrariness and illusions complex. Liquidation of which will help increase efficiency in the development and implementation of measures to opposing criminality. Under implementing countermeasures, it is important to know on what aspects to focus on to prevent the mechanism of criminal behavior. It is the study of the perpetrator’s identity from the standpoint of socio-naturalistic criminology opens the way for a successful response to the causes and conditions that shape the perpetrator’s identity and contribute thereof to manifestation in the commission of a crime. The socio-naturalistic approach to the study of perpetrator’s identity allows the subjects of counteraction accordingly: develop countermeasures and respond to criminality in general. It is argued that the positive aspect in opposing criminality directly depends on the perpetrator’s identity because through the knowledge of the personal characteristics of those who commit illegal acts, criminogenic factors of crime are explained. These are two interdependent processes. Scientifically substantiated researches of the perpetrator’s identity give the chance to carry out, to correct opposition to criminality. Thus, there is a natural formula: an effective study of the perpetrator’s identity is equal to the effective opposition against criminality. It has been proven that effective research into the perpetrator’s identity is tied to a logical chain of solving extremely complex criminological problems, including the opposing against criminality. And the successful opposition to this socially negative phenomenon shows that there is an adequate influence on criminogenic factors that give rise to criminality, that is, that the developed measures to opposing criminality are effective. The close connection between the perpetrator’s identity and the opposition against criminality is that the perpetrator’s identity is central to the opposition against criminality, due to the fact that effective research on the perpetrator’s identity, it is possible to implement effective measures.

Historical and legal discourse in the context of classical and postclassical legal understanding

Іntroduction. Historical and legal science, as well as the science of law in general, is acutely faced with challenges related to the new stage of development of humanities knowledge and the corresponding change of research paradigm that occurs during the struggle between classical and nonclassical (postclassical) types of legal understanding Тhe aim of the article. Тhese processes need to be understood and "adapted" in particular in the historical and legal discourse. In particular, it is proposed to analyze the phenomenon of deformation of the phenomenon of law, and the resulting differentiation of the subject, in particular in historical and legal research, and the coherence of research tools offered within the classical and nonclassical types of legal understanding Results. Modern methodological research is a natural reaction of the domestic legal process to the dominance of the monistic materialist approach to the study of legal phenomena, which actualizes anthropological and axiological approaches. Both anthropologization and axiologization of law cause the deformalization of the phenomenon of law, creating a conceptual In the light of the above, it seems important to consider in relation to the relationship such concepts as legal reality (historical and legal reality), legal life, legal system as central, and legal space, legal field, legal environment as peripheral. At the same time, attention is drawn to the normative nature of the legal system, the ontological nature of legal reality, the inconsistency of legal life as a starting point in the choice of methodological tools. Introduction to the historical and legal discourse of «ontological metaphors»: legal communication, legal event, legal life, legal space, legal field, legal environment, etc., will activate the intersubjective model of knowledge of law as a sociocultural phenomenon, draw attention to the dynamics of law, using an arsenal of non-classical methodology. Conclusions. An overview of some trends that lead to a change in the object and subject of jurisprudence shows a radical change in its methodology, which should form research tools to answer new research questions. This process is part of the process of modern «cultivation» of integrated thinking as opposed to or in addition to analytical and systemic, which is characterized by consideration of reality in mechanistic categories, and, being irreversible, requires appropriate historical and legal reflections

State activity and legal credo of Mykola Skrypnyk.

Peculiarities of M. Skrypnyk's theoretical and ideological substantiation of national, judicial and criminal-legal policy in his concept of state-legal development of Soviet Ukraine are investigated. Coverage of the peculiarities of the ideological platform and legal credo of M. Skrypnik in the aspect of the anthropology of law is important for characterizing his state activity as one of the main theorists of the concept of «Ukrainian path to communism». From the point of view of anthropology, convincing explanations of M. Skrypnyk's various positions and steps in the sphere of state and party policy should be sought in his ideological and psychological sphere. At the same time, in our opinion, maneuvering in the ideological substantiation of M. Skrypnyk's practical activity is explained by his utilitarian attitude to ideology as an effective propaganda means of achieving goals in state-building. In our opinion, M. Skrypnyk considered the ultimate goal of the process of socialist construction not to be the development of a "communist oasis of the Ukrainian model," but the creation of a workers 'and peasants' statehood as a single labor society based on internationalism and communist ownership. M. Skrypnyk saw the national liberation and development of the culture of amateur broad masses of workers and peasants in the process of national development, which he considered a stage in the process of socialist construction, as a transitional stage on the way to this goal. An important argument in the search for explanations of the theoretical foundations and ways of practical implementation of state and national policy of M. Skrypnyk is his vision of the nature and objectives of judicial and criminal policy. M. Skrypnyk emphasized that Soviet criminal law has a public, social, anti-individualistic character, as opposed to bourgeois criminal law, built on the principles of individualism inherent in bourgeois society. On the way to achieving this goal in the mind of M. Skrypnyk, in line with the then understanding of state and legal phenomena and processes, there was a transfer of priorities from the rights and interests of the individual to the collective interests - declaratively to the interests of the proletariat. Man was not seen by him as the highest value and "measure of all things." Priority was given to other values: the "world revolution and the dictatorship of the proletariat," the elimination of the class division of society, and the defense and construction of the socialist state. According to the content of the concept of state and legal development of the USSR, M. Skrypnyk can really be considered one of the main theorists of the "Ukrainian path to socialism." However, the very concept of the future socialist state, set out in its creative heritage, does not seem to be a theory of Ukrainian national communism, as characterized by some researchers, and awaits a deeper study by historians of law.

The Doctrine of Legal Regulation: Approaches to Understanding

The article describes the scientific approaches to understanding of the doctrine, the legal doctrine, and the legal regulation doctrine. The article states that the public relations’ reformation, the current needs of legal practice require fundamentally new approaches to legal doctrine not only as one of the sources of law, but also as an important component of the process of law-making, law enforcement and legal interpretation. The research focuses on the fact that the legal doctrine in general and the doctrine of legal regulation in particular belongs to a key position both in the general and theoretical legal science and in the science of industry direction. It is emphasized that theorists of law analyze the legal doctrine due to the application of the methodological potential of philosophy and theory of law through the prism of the interaction of legal doctrine and the doctrine of legal regulation. The author provides the definition of the legal regulation’s doctrine as a component of legal doctrine based on previous knowledge and is the result of fundamental scientific research, a set of scientific ideas, views, concepts, theories recognized by the scientific community, that can be applied in law-making, law-enforcement and legal interpretation activities. The important attention is paid to the peculiarities of the legal regulation’s doctrine. It is aimed at a certain object of knowledge; is a certain set of ideas, views, principles of scientific knowledge, concepts, theories, etc.; requires a set of generalizations; is formed under the influence of needs and social interests; has a communicative, informational orientation; is in close cooperation with law-making, law-enforcement and legal interpretation activities; has a certain structure, cognitive and strong-willed components, is formed in society and the state by generalization of scientific knowledge, etc. The research defines the factors that influence the formation and development of the doctrine of legal regulation. They are divided into factors of both objective and subjective nature. The particular attention is paid to the main functions of the doctrine of legal regulation, namely: cognitive, informational, prognostic, communication, etc.