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Oleksii Serdiuk, Kharkiv National University of Internal Affairs, Konstantin Bugaychuk, Iryna Shcherbakova, Natalia Bobro, Irina Kuzina, Ihor Danylenko, Anna Markovska, , V.N. Karazin Kharkiv National University, et al.
Безпека та довіра 2021 : за результатами досліджень 2013–2021 років, проведених у Харківській області; https://doi.org/10.32631/sf2021

Abstract:
The results of public opinion survey of Kharkiv region residents on public safety and trust in law enforcement conducted by Kharkiv National University of Internal Affairs (Research Lab on Crime Enforcement) together with the Sociological Association of Ukraine, Kharkiv Regional State Administration and the Main Directorate of the National Police are presented. in the Kharkiv region in 2013–2021. The key indicators of the efficiency of law enforcement agencies of Kharkiv region and the problems of law enforcement activities at the local level from the public point of view are analyzed, the expectations of local residents from law enforcement agencies are determined, the problems of interaction with the police are considered. The publication contains empirical data and practical recommendations designed to implement specific tasks in the work of the police and other law enforcement agencies for the needs of the local community.
О. О. Panova, M. O. Sherbyna
Law and Safety, Volume 82, pp 184-191; https://doi.org/10.32631/pb.2021.3.21

Abstract:
The purpose of the article was to determine the theoretical and legal basis for the interaction of the community police officer with the structural units of the National Police and other entities that implement measures to prevent and combat domestic violence. It has been established that the process of interaction of the community police officer with the structural units of the National Police and other entities implementing measures to prevent and combat domestic violence is multifaceted and systematic. It is determined that the interaction of the community police officer with the service for children can take place within two vectors, namely the prevention (prophylactic measures) of domestic violence (propaganda and explanatory work) and combating domestic violence (drawing up a report on an administrative offense, analysis and collection of information and data indicating violations of children's rights, etc.). It is emphasized that the educational institution may act as an entity that detects the facts of domestic violence, within this activity the community police officer is invited to find out the real circumstances of the case, and later, if the fact of violence is confirmed, to draw up appropriate procedural documents. It has been established that the role of the prosecutor in preventing and combating domestic violence is limited by procedural guidance. As a result, the community police officer's interaction with the prosecutor's office is limited to criminal proceedings. It is argued that the interaction of the community police officer with the authorized bodies on probation takes place after the release of the offender from prison and is to determine the procedure for establishing administrative supervision. In conclusion, it is proposed to create a mechanism by which one institution of society will complement another in the process of interaction and implementation of its powers in the field of preventing and combating domestic violence. Under such a system, the precondition for interaction should be the initiative of one of the parties or the fact of committing an illegal act.
O. I. Bezpalova
Law and Safety, Volume 82, pp 29-37; https://doi.org/10.32631/pb.2021.3.03

Abstract:
The current stage of police bodies’ activity to ensure the rights and freedoms of citizens has been described. It is emphasized that, given the current stage of updating approaches to the organization of police bodies and units, it is important to ensure the observance of citizens' rights in police activities, to prevent illegal actions either by both police officers or toward police officers. It is established that the main purpose of the information subsystem "CUSTODY RECORDS" is to create conditions for the implementation of internationally recognized standards for the protection of the rights of detainees. On the example of the functioning of the information subsystem "CUSTODY RECORDS" the peculiarities of ensuring the observance of citizens' rights in the activities of police officers, prevention of illegal actions either by both police officers or toward police officers have been analyzed. Features of the information subsystem "CUSTODY RECORDS" have been revealed. It is established that the introduction of the information subsystem "CUSTODY RECORDS" has highlighted the need for quality training of police officers responsible for detainees in the police department and respect for human rights. As a result of the description of the process of training human rights inspectors, which consists of three blocks, it has been concluded that during such training the main attention is paid to studying the algorithms of police actions to prevent violations of human rights and freedoms during his stay in the police station. detentions, torture and psychological pressure on police detainees, prevention of suicide and self-harm. Proposals for amendments to regulations the provisions of which govern the activities of patrol police, inspectors on duty, investigators, in terms of determining the scope of their powers to work with the information subsystem "CUSTODY RECORDS" are formulated. It is emphasized the importance of enshrining at the legislative level the procedures for data protection contained in the information subsystem "CUSTODY RECORDS", and the introduction of a system of control over the processes of data collection and storage.
Y. K. Pinchuk
Law and Safety, Volume 82, pp 192-199; https://doi.org/10.32631/pb.2021.3.22

Abstract:
The state of juvenile delinquency in the state is an indicator of the development of civil society, its culture and morality. The formation of the state system of crime prevention is one of the directions of the state youth policy. In this regard, there is a need to analyze the current socio-legal aspects of the formation of a system of prevention of juvenile delinquency. The purpose of the article is an in-depth analysis of the features of the modern system of juvenile delinquency prevention, identification of the features of the activities of crime prevention entities, as well as providing recommendations for its improvement. The following methods are used in the article: dialectical method of research of legal phenomena, by means of which the peculiarities of formation of the system of crime prevention among minors are established; formal-legal method – for consideration of normative-legal acts regulating activity of subjects of preventive activity, as well as to identify gaps and shortcomings in the legal framework of the relevant activities; historical and legal – to assess the processes of formation and development of the system of prevention of juvenile delinquency. The current state of juvenile crime prevention is considered. It is noted that preventive activities are a set of socio-legal, pedagogical and cultural measures aimed at identifying and eliminating the causes that contribute to delinquency and anti-social actions of minors. It is determined that the existing system of juvenile delinquency prevention is ineffective, it has no integrity, preventive activities are not comprehensive. Emphasis is placed on the need for cooperation between all subjects of preventive activities, the direction of the system of juvenile delinquency, primarily to eliminate the causes of crime, prevention of offenses. The need to create an autonomous subsystem of juvenile courts was emphasized.
А. М. Hoha
Law and Safety, Volume 82, pp 94-101; https://doi.org/10.32631/pb.2021.3.10

Abstract:
Various approaches to defining the object of disclosure of information about the medical examination to detect infection with human immunodeficiency virus or other incurable infectious disease, i.e a criminal offense under Art. 132 of the Criminal Code of Ukraine, are analyzed through the prism of criminal offenses against life and health of a person. The problematic issues of the chosen subject concerning the inconsistency of the object of the criminal offense provided by Art. 132 of the Criminal code of Ukraine, with other criminal offenses against life and health of the person are highlighted. To achieve the goals and objectives of the study, a number of modern general scientific and special methods of scientific cognition were used, such as dialectical, comparative law, system structural, dogmatic, legal (dogmatic) and generalization method. These methods were used together, which contributed to the achievement of the goal and defined tasks. In addition, the study is based on the analysis of domestic regulations governing criminal relations in the field of protection of life and health and confidentiality of information, such as the Constitution of Ukraine, the Criminal Code of Ukraine and other laws of Ukraine. According to the results of the study, for the first time it was proposed to define the object of disclosure of information about a medical examination for human immunodeficiency virus or other incurable infectious disease as a public relationship to protect confidential information about the person, which is confirmed by the study. The thesis on the need to exclude Article 132 from the Criminal Code of Ukraine and expand the content of the disposition of Art. 182 of the Criminal code of Ukraine with such criminally illegal act, as disclosure of information about a medical examination to detect infection with human immunodeficiency virus or other incurable infectious disease is investigated. These results of the study are confirmed by scientific arguments based on a comparative legal study of scientific approaches to defining the object of the outlined criminal offense and analysis of the legal norms of current domestic law.
Y. Y. Boiko-Buzyl
Law and Safety, Volume 82, pp 49-57; https://doi.org/10.32631/pb.2021.3.05

Abstract:
Emphasis is placed on the issue of professional and personal development of the heads of the Ministry of Internal Affairs of Ukraine as a psychological component of staffing the security and defense sector of Ukraine. It is stressed that the basis of professional and personal development of the heads of the system of the Ministry of Internal Affairs of Ukraine are activities and personality as basic categories reflected in the block of professional development and personal development block, and each block is identified in specific components and disclosed in relevant criteria. This article presents the second part of the study of professional and personal development of the heads of the Ministry of Internal Affairs of Ukraine, namely the psychological characteristics of the block of personal development through the following components and relevant criteria: orientation - attractiveness of professional activity, direction of professional activity; capability- leadership tools, ability for management; character - individual psychological features, the attitude of the leader to himself; reflection - the mechanism of self-analysis of the manager, the vector of personal development. The study is based on the use of a number of methods of psychological diagnosis, with the help of which during 6 months of 2020 844 people were surveyed, including 385 managers and 459 employees of bodies and departments of the Ministry of Internal Affairs of Ukraine who do not perform managerial functions. At the first stage of the study, the characteristics of indicators of professional and personal development of specialists of the system of the Ministry of Internal Affairs of Ukraine were determined. In the second stage, it was studied statistically significant differences in the characteristics of professional and personal development of managers compared to employees who do not perform managerial functions, for which the procedure of analysis of variance was used, namely one-way analysis of variance by the Fisher method. The Brown-Forsythe test was used to determine the equality of group variances. Statistical analysis of the data was performed using the ANOVA command of the SPSS program. It is proved that the indicators of the components of professional and personal formation of the management differ from similar indicators of non-leaders of the system of the Ministry of Internal Affairs of Ukraine in quality and content, in particular focus on management functions within professional activities. The obtained empirical data will contribute to the improvement of management theory and practice in the security and defense sector of Ukraine.
O. V. Brusakova, O. P. Getmanets
Law and Safety, Volume 82, pp 77-83; https://doi.org/10.32631/pb.2021.3.08

Abstract:
Due to the rapid development of digital technologies, the role of the Internet segment of the financial services market is actively increasing. That is why the issue of cybersecurity in this market is now gaining national importance and is becoming critical to national security. The methodological basis of the study is systemic, and the study used a comprehensive approach, which is manifested in the use of different methods of scientific knowledge depending on specific aspects of the study. The methodological basis of the study is the dialectical method of phenomena and processes cognition. In particular, the comparative legal method, the system and structural method, the statistical method, the logical legal method, the formal legal method and the method of analogy were used. The main scientific approaches to counteracting cybersecurity threats in the financial services market are considered. It is proposed to create new and modernize existing legal means to ensure cybersecurity in the financial services market. Emphasis is placed on the need to create a mechanism to stimulate entities engaged in the creation and development of information technology used in the financial services market, and a mechanism to protect such technology. It is proposed to create new special legal regimes for financial services market participants in order to increase the level of cybersecurity. The importance of creating a single state fund to support innovative development is emphasized, which should stimulate the involvement of innovative technologies in the financial sector in order to increase the level of cybersecurity of the financial services market. It is proposed to create a mechanism for the state to guarantee partial compensation to financial market entities for losses caused by cyber attacks, and to form a separate state body that will determine the amount of compensation, compile a list of critical entities for the financial services market, and establish criteria that will provide appropriate financial assistance. The importance of adopting a separate legal act, which will contain the basic rules governing relations in the field of cybersecurity of the financial services market, is emphasized.
V. S. Sezonov
Law and Safety, Volume 82, pp 200-208; https://doi.org/10.32631/pb.2021.3.23

Abstract:
At the present stage of development of legal document science and forensic document research techniques there is a need to expand the concept of the document using the achievements of various fields of knowledge. A document is a multifaceted, generalized concept for all important sources of information. Today, there is no consensus on the classification of legal documents. In our opinion, a document in jurisprudence has the following properties: it is a carrier and source of necessary information, it is in the documents that information is recorded for the first time; has a legal meaning, economic significance, can serve as written evidence, a means of certifying something; allows you to save and extract from the archives, if necessary, information and its processing in the current activities. As the main unit of clerical correspondence, the document performs certain functions and must meet certain requirements for conclusion. All documents according to the method of presentation of the material are divided into documents with a low level of standardization and documents with a high level of standardization. Legal documents in electronic form have a completely different nature. The information that constitutes the essence of an electronic document is limited to the term "file", which in the scientific literature means a specific place on a computer medium with its own specific name. In addition, an electronic document can exist both in the form of a single file (a set of files) and in the form of a link (on the Internet). Therefore, it is considered appropriate to define a legal document as a material object with information recorded on it, which is meaningful for the establishment of legal circumstances and exists in appropriate forms and forms. A legal document is an information object that is compiled in accordance with legal requirements and contains legal information (confirmation of rights, obligations or confirmation of legal facts, events or actions that give rise to certain rights and obligations). The main ways to modernize the current legal norms and provisions relating to legal documents and records are to approve new types of legal documents in electronic form as having the same legal force as paper. Certain provisions require approval of their scope and responsibility for their protection.
О. V. Medvedieva
Law and Safety, Volume 82, pp 173-183; https://doi.org/10.32631/pb.2021.3.20

Abstract:
The results of a study of self-regulation in the context of critical thinking in cyberpolice are presented. It is theoretically proven that self-regulation is one of the central components of critical thinking, and the interaction of these phenomena enhances the effectiveness of each of them. It is noted that the developed critical thinking and self-regulation acquire special significance in the professional activity of the police. The following methodological tools were used: test of critical thinking, methods of self-management research, methods of diagnostics of regulation focus. The sample: the first group consisted of 47 cyber police officers, the second - 51 civilian IT specialists. It has been empirically found that cyber police officers are more action-oriented in anticipation of success in difficult situations involving overcoming strong pressure; they are characterized by a better ability to maintain a positive emotional mood and not lose motivation in routine activities, and can better concentrate on the process of activity and ignore external and internal stimuli that interfere with the tasks. Cyberpolice officers show a greater focus on action, hoping for success in dealing with situations of strong external pressure, greater ability to maintain the optimal functioning of all parts of self-regulation in extreme conditions, overcome anxiety and remain focused in stressful situations. These subjects are more successful in integrating contradictions, which allows them to realistically evaluate various contradictory information and perceive contradictory experiences as a sign of real existence, to critically connect it with their own values and meanings. Representatives of this group are more characterized by the focus of prevention in self-regulation, which cyber police consider the best way to achieve the goal, which necessitates awareness, criticality and vigilance in decision-making, systematic evaluation, verification and prevention of errors, which are subjectively significant conditions . Actualization of the focus of prevention in the system of self-regulation of cyberprofessional workers causes a positive emotional coloration of the results of actions in the absence of negative results, and in case of negative consequences becomes a source of negative affective feelings, which initiates vigilance to neutralize probable losses. It is noted that the deployment of further research in the chosen direction will not only enrich the theoretical understanding of the problem, but also provide an opportunity to use the obtained empirical data in the applied psychology of policing.
Oleksii Serdiuk, Kharkiv National University of Internal Affairs, , Heorhii Danylenko, Natalia Bobro, Boris Bazyma, Iryna Shcherbakova, Wayne State University, Institute for children and adolescents health care of the NAMS of Ukraine
Молодь та наркотики – 2021: Результати моніторингу залежної поведінки серед молоді м. Харків 1995–2020 років та студентського модуля Українського лонгітюдного дослідження (ULS+); https://doi.org/10.32631/dr2021

Abstract:
The results of sociological monitoring of the spread of addictive behavior among young people in Kharkiv "Youth and Drugs" and the results of the student module of Ukrainian Longitudinal study (ULS+) are presented. The "Youth and Drugs" study conducted since 1995 by the Kharkiv National University of Internal Affairs together with the Sociological Association of Ukraine with the support of the Department of Science and Education of Kharkiv Regional State Administration. The key indicators of drug, alcohol and tobacco use and misuse among young people, the prevalence of gambling, computer and Internet use, the structure of youth leisure, bullying, suicidal behavior, mental and behavioral disorders, etc. were analyzed. For educators, law enforcement, physicians, scientists and anyone interested in the prevention of addictive behavior.
, G.S. Kostiuk Institute of Psychology, Oleg Kokun, Vitalii Panok, Heorhii Danylenko, , Oleksii Serdiuk, , Olena Shcherbakova, Nadiia Lunchenko, et al.
Українське Лонгітюдне Дослідження = Ukrainian Longitudinal Study (ULS); https://doi.org/10.32631/uls2021

Abstract:
Guidelines for the use of a set of adopted and standardized for Ukraine international tools for psychodiagnostics of deviant behavior, screening of mental and behavioral disorders, depression and anxiety, loneliness and social isolation, substance abuse, suicide, bullying, parental behavior, family flexibility and more. The methodology, methodics and tools for research work in the framework of the Ukrainian Longitudinal Research (ULS) are presented. Significant attention is devoted to the interpretation of the results of psychodiagnostics of deviant behavior. Recommendations include instructions for the study, samples of related documents, recommendations for use described tools in practice, official letters from the Ministry of Education and the psychological service. Recommended for employees of educational institutions, psychologists, physicians, sociologists and anyone interested in the study of somatic and mental development of the child.
S. V. Vereitin
Law and Safety, Volume 81, pp 144-148; https://doi.org/10.32631/pb.2021.2.19

Abstract:
Scientific approaches to determining the legal status of the employer in labor relations have been studied considered. The author has studied the norms of the Law of Ukraine “On the National Police”, which determine the identity of the employer and his authority to enter into a police service contract. It has been noted that the state is the employer in labor legal relations of police officers. However, employer powers in accordance with Part 1 of the Art. 63 of the Law of Ukraine “On the National Police” are delegated from the state to the National Police of Ukraine. Employer powers are directly exercised by the head of the police agency granting the right to accept and dismiss from the police. This person, on the one hand, is a representative of the employer, on the other hand – an employee. It has been stated that the Law of Ukraine “On the National Police”, defining the identity of the employer in the labor legal relations of police officers, did not enshrine the labor rights and responsibilities of the National Police of Ukraine as an employer. It is recommended to clearly define the list of labor rights and responsibilities of the National Police of Ukraine as an employer in the Law of Ukraine “On the National Police”. The following groups of labor rights of the National Police of Ukraine should be envisaged: 1) the right to select on the position of a police officer; 2) the right to accept, transfer and dismiss from the police; 3) the right to demand from the police officer to perform his / her functional duties; 4) the right to organize and manage the service; 5) the right to apply incentives; 6) the right to compensation ин police officers for the damage caused to the property of the police agency as a result of the violation of their functional duties by police officers. It is also necessary to consolidate the following groups of labor responsibilities of the National Police of Ukraine: 1) ещ provide the police щаашсук with work that meets the job descriptions and functional responsibilities of the relevant position; 2) ещ create appropriate service conditions necessary for the performance of functional duties; 3) to ensure proper rest of police officerі; 4) to provide timely financial support to police officerі and in the full extent; 5) to provide social protection for police officers; 6) to ensure the protection of the life and health of police officers, the life and health of family members, as well as their property.
O. V. Kurdes
Bulletin of Kharkiv National University of Internal Affairs, Volume 93, pp 173-183; https://doi.org/10.32631/v.2021.2.14

Abstract:
The problematic issues of administrative and legal provision HR management of state forensic institutions and professional training of forensic experts of the Ministry of Justice of Ukraine have been studied. Specific propositions for improving the regulatory and legal, organizational and methodological provision of this area of ​​activity have been provided. The author has emphasized the need to reform the HR management system of state forensic institutions and professional training of forensic experts, which is a guarantee of filling these institutions with highly qualified personnel. It has been offered to further study, develop and approve certain regulatory acts by orders of the Ministry of Justice of Ukraine on HR management of state forensic institutions and professional training of forensic experts, namely: standard staffs; instructions on the organization of personnel accounting, staffing and HR work, professional training of forensic experts of state forensic institutions and forensic experts who are not employees of state forensic institutions; provisions on the formation of employee pool for superior positions. The emphasis has been placed on the need to revise and update the Handbook of Qualifications for employees of forensic research institutions of the Ministry of Justice of Ukraine, approved by the order of the Ministry of Justice of Ukraine dated from April 19, 2012 No. 611/5. It has been proved that the Code of Professional Ethics of forensic experts has to be developed and approved at the level of the Cabinet of Ministers of Ukraine, which would be applied to all forensic experts of Ukraine regardless of departmental subordination and employment and should have a positive impact on the quality of judicial duties performed by forensic experts – drawing up qualitative and objective expert opinions. The guarantee of executing the requirements of the specified Code by the experts should be the normative consolidation of the expert’s responsibility for violation of professional ethics.
V. Yu. Tsebinoga
Bulletin of Kharkiv National University of Internal Affairs, Volume 93, pp 213-220; https://doi.org/10.32631/v.2021.2.18

Abstract:
The author of the article has studied the administrative and legal status of the Assessment and Disciplinary Board of prosecutors. The normative and legal base regulating the administrative and legal status of the Assessment and Disciplinary Board of prosecutors has been determined. The elements of the administrative and legal status of the Assessment and Disciplinary Board of prosecutors have been established. The problems of implementing the administrative and legal status of Assessment and Disciplinary Board of prosecutors have been noted. It has been offered to understand the administrative-legal status of the Assessment and Disciplinary Board of prosecutors as a set of interrelated and interdependent elements, characteristics of the Assessment and Disciplinary Board of prosecutors, which are enshrined in law and determine the place of the Assessment and Disciplinary Board of prosecutors among other agencies. It has been established that the elements of the administrative-legal status of the Assessment and Disciplinary Board of prosecutors should include: powers; the procedure for forming the staff; legal guarantees of the activity; tasks and objectives of the activity. Thus, the administrative and legal status of the Assessment and Disciplinary Board of prosecutors is a complex and multifaceted category that determines the place and role of the Assessment and Disciplinary Board of prosecutors among other subjects of law, and its elements are clearly regulated and defined in regulatory legal acts. Considering the above, we note that the changes that are currently taking place in the prosecutor’s office are aimed at improving the activities of the latter, which should contribute to the creation of a qualitatively new basis for the activities and organization of the prosecutor’s office in accordance with European standards, as well as the construction of a new model of the prosecutor’s office, designed to effectively fulfill its constitutional functions.
, A. O. Strizhak
Bulletin of Kharkiv National University of Internal Affairs, Volume 93, pp 194-202; https://doi.org/10.32631/v.2021.2.16

Abstract:
The problem of ensuring road traffic safety is becoming more and more acute and constantly requires measures to improve the systems of such safety. Technical progress, the emergence of a large number of vehicles increasingly leads to serious negative consequences. The complexity of the process of ensuring road traffic safety is that measures in this area should be carried out not only unilaterally by public administration agencies, but also by society in the whole. The purpose of the research is to rethink outdated points of view on the nature and list of really effective means of ensuring road traffic safety in today’s world, as well as to develop the author’s understanding of the term of “administrative and legal means of road traffic safety”. The conducted research allowed us to formulate the author’s vision of the concept of administrative and legal means of ensuring road traffic safety. It has been determined that modern technical progress requires updating the system of means of administrative and legal provision of road traffic safety. It has been also concluded that the present day requires the subjects of road traffic safety to create appropriate road conditions and to carry out systematic, complex, comprehensive educational work on the compliance with traffic rules. The emphasis has been placed on the fact that activities on ensuring road traffic safety are not limited to the mechanisms that state authorities are authorized to carry out, but are of comprehensive nature. The compliance with the principles of comprehensiveness and systematization in ensuring road traffic safety are the main postulates in creating safe conditions for road traffic participants.
I. I. Bozhuk, I. V. Chekhovskaya
Bulletin of Kharkiv National University of Internal Affairs, Volume 93, pp 82-94; https://doi.org/10.32631/v.2021.2.07

Abstract:
The purpose of the research is to study theoretical and legal basis for the creation, operation of medical arbitration, its legal sources; experience of foreign countries that use medical arbitration in resolving disputes in the field of medical relations, as well as the development of propositions for the development and operation of medical arbitration in Ukraine. The authors of the article examine the meaning of the terms of "arbitration court" and "medical arbitration". Their differences are highlighted: a) medical arbitration is an integral part of the arbitration court, it is created and operates within the arbitration court; b) medical arbitration has its own specialization (focus on resolving disputes in the field of medical relations). The authors’ definition of the term of "medical arbitration" is formulated. Regulatory legal acts that constitute the legal basis for the existence of arbitration courts in Ukraine are analyzed. The peculiarities of arbitration proceedings as an extrajudicial jurisdictional form of protection of the rights of subjects of medical legal relations are singled out: the presence of clear legislative regulation of the activities of arbitration courts; formalized nature of dispute resolution activities; jurisdictional nature of the arbitration court; legislative exclusion from the jurisdiction of the arbitral tribunal of certain categories of disputes; the absence of a direct dependence of the consequences of the dispute on the willingness of the parties to cooperate, as the party to the arbitration agreement cannot unilaterally refuse to arbitrate the dispute. The advantages of medical arbitration (arbitration court) as opposed to civil courts in medical disputes are determined. These include: simplified procedure and lack of evidence; lack of formal rules of conduct; free choice of mediator (arbitrator, mediator, consultant, etc.); confidentiality and secrecy in resolving the dispute; possibility of personal control of the course of the procedure; infinity in time; private (non-state) nature. The current state of development of medical arbitration is analyzed, as well as the main problems of its application in Ukraine are highlighted: insufficient awareness of medical arbitration and its scope, advantages before court proceedings; lack of sufficient qualified and experienced specialists; lack of state support and encouragement to use this form of protection of citizens’ rights; public distrust of new instruments of protection of the rights; the need to amend the Law of Ukraine "On Arbitration Courts" in terms of limiting the jurisdiction of arbitration courts of disputes related to consumer protection, including medical services. The advantages of medical arbitration (arbitration court) as opposed to civil courts in medical disputes are determined. International experience of applying medical arbitration at the decision of disputes in the field of medical legal relations is studied and suggestions concerning the development and functioning of medical arbitration in Ukraine are developed. It is offered to increase the volume of subordinate cases for arbitration proceedings, in particular to provide an opportunity to consider medical conflicts in this order; to work to increase the authority of arbitration and the level of competence of arbitrators; to improve state support in the establishment and promotion of arbitration courts and to create conditions for training specialists for the activities of arbitration courts, as well as to improve their skills by exchanging experience with foreign countries that have succeeded in the development of arbitration.
A. H. Vuima
Bulletin of Kharkiv National University of Internal Affairs, Volume 93, pp 256-265; https://doi.org/10.32631/v.2021.2.22

Abstract:
The need to involve experts into crime scene search while investigating murders has been substantiated. The categories of experts who are most often involved by investigators into crime scene search have been defined. The author has clarified the method of determining the normative aspect of involving the latter into murders’ crime scene search. It has been determined that forensic inspectors, who are members of the investigative task force, are most often involved into investigations. It has been found out that the main assistance of the latter during the crime scene search is to carry out photo and video recording, as well as the detection, removal and packaging of traces and physical evidence. It has been established that a canine handler with a service dog may be a member of the investigative task force. The author has provided conditions, which are the basis for the investigator to decide to use the dog at the scene. The author has formulated the basic tasks, which can help a canine handler with a service dog to solve them during murder’s crime scene search. According to the analysis of investigative and judicial practice of investigating intentional homicides, the author has defined the frequency of involving forensic experts by investigators to crime scene search, where the dead body was found. The reasons why investigators do not examine the corpse at the place of its discovery have been established. The information that should be established and recorded during the examination of the corpse at the scene has been identified. Circumstances have been revealed that indicate the expediency of conducting an examination of the corpse at the crime scene, but not in the premises of the forensic examination bureau. The author has provided circumstances that may take place in case of a murder and which are the grounds for the involvement of a specialized mobile laboratory of the Expert Service of the Ministry of Internal Affairs of Ukraine. The procedure of actions of the employees of the specified laboratory on a crime scene has been defined. The specifics of the explosives specialist’s activity at the crime scene have been revealed, and the author has also determined the documents that are compiled by the latter based on the results of his participation in the crime scene search. The specifics of divers’ activities in the crime scene search while investigating a murder have been determined. It has been substantiated that the procedural, theoretical and practical aspects of the participation of experts in the crime scene search while investigating murders, depending on the specifics of the methods of committing these crimes, need further research.
O. V. Pikhurets, A. O. Pikhurets
Bulletin of Kharkiv National University of Internal Affairs, Volume 93, pp 105-120; https://doi.org/10.32631/v.2021.2.09

Abstract:
The article is focused on studying and explaining the legal nature and content of public interests from point of view оf the patent protection system in the context of globalization processes. The problems of the influence of patent rights on the possibility of individuals to realize their rights in the health care sector are identified. The concepts of private and public interests, their ratio, content featurs in patent law are analyzed. The defining value of interest is fixed at the normative level in civil law, where intellectual property law is its sub-branch. In general, private interest can be both property and non-property. In this context, the provisions of national and international legislation of the necessity оf balance the interests of society and patent holders are analyzed; on restricting the rights of patent owners with the aim to ensure the public interest; about necessity in certain cases to break the monopoly of patent owners through compulsory licensing, etc. The tendency to strengthen the protection of public interests has been revealed. Attention is paid to the issue of distinguishing between the private interests of patent holders and the interests of society. It is clarified why these interests collide and what rules justify such conflicts. The conclusion that necessity to ensure a balance between private and public interests is substantiated as the urgent task of modern legislation in the legal regulation of patent relations. One of the legal ways to achieve a balance between the interests of society and patent holders is a compulsory license. The institution of compulsory licensing fully corresponds to the peculiarities of patent legal relations and does not deprive the patent owner of the protection of his exclusive right. But it does not prevent the latter to independently use and effectively commercialize the relevant technical solution. Compulsory license is possible to apply precisely in those cases when the harm to the public interest from the exercise of the exclusive patent right exceeds the benefits received by the right holder. The authors have determined the direction of the development of legal regulation of patent relations in this area taking into account the requirements of international treaties.
M. V. Kalashnyk
Law and Safety, Volume 81, pp 67-71; https://doi.org/10.32631/pb.2021.2.08

Abstract:
The author has accomplished the analysis of the essence of organizational and legal principles of community police officers’ activity (hereinafter – CPO), their interaction with other divisions of the National Police of Ukraine, state authorities, local self-government agencies and communities. The author has analyzed a set of tasks, functions and powers of CPO and the current state of regulatory legal provision of community police officers activity: has outlined the algorithm of actions of community police officers within the combination of functions of district police officers and patrol police officers. The author has outlined the perspectives for more effective involvement of local residents into formation of local and state security policy through new mechanisms of cooperation with local communities and civil society institutions developed by the practice of police officers of territorial communities; the author has provided a number of propositions for the development of regulatory legal documents that would regulate the activities of community police officers. The author has studied the essence of interaction of police officers and members of the community, its legal principles and forms of realization, problems of regulation of the activity of the newly created law enforcement institution. A new format of work of a district police officer, based on the principles of combining the efforts of local self-government agencies and law enforcement agencies, has been characterized. The author has defined a number of gaps in the legislative and regulatory provision of community police officers’ activities, including the establishment of effective coordination between community police officers and local communities and the elimination of existing or possible competitive interest that may arise in the process of their joint activities. The determinant of lag of performing professional activity by community police officers from the standards of similar services of the European Union countries has been defined.
M. A. Sambor
Law and Safety, Volume 81, pp 85-96; https://doi.org/10.32631/pb.2021.2.11

Abstract:
The author has researched the norms of positive law, which contain instructions on the establishment and payment of supplemental pay to the cash collateral during quarantine for police officers. A comprehensive, complete and objective study of legal basis for the supplemental pay to the cash collateral of police officers during quarantine is impossible without understanding the law enforcement practices and interpretation used by authorized officials when deciding whether or not to make the supplemental pay to the cash collateral of police officers. The normatively determined grounds for the supplemental pay and the actual substantiation of the application of such payments for police officers have been analyzed. Objectivity and completeness are impossible without analyzing all the arguments, including those voiced by the representatives of the administration of the territorial agencies of the National Police, as legal entities of public law. It has been emphasized that the administrative discretion of authorized officials should embody the principles of the rule of law, respect for human rights and freedoms, and should not pursue the realization of economic private interests, including the interests of subjects of authoritative powers. Restrictions on the application of the supplemental pay to the cash collateral of police officers during quarantine are the direct restriction of the social rights of representatives of a particular profession – police officers. The legal position for protecting the social right of police officers for the supplemental pay, as well as the affiliation of this right to each police officer has been defended. At the same time, the legal position on the need for the supplemental pay for all police officers has been additionally substantiated, based on the tasks facing the National Police and the provision of police services to the population. The author has argued the legal position of the completeness of social rights of police officers during quarantine, which are impossible without appropriate the supplemental pay to the cash collateral of police officers during quarantine.
Law and Safety, Volume 81, pp 136-143; https://doi.org/10.32631/pb.2021.2.18

Abstract:
Based on the analysis of the norms of general and special labor legislation of Ukraine, the author has researched the problem of legal regulation of one of the preventive measures of labor law – dismissal from work. The procedure of dismissal from work within the mechanism of legal regulation mainly performs a preventive function. The problem of dismissal from work in labor law has not been studied enough. A number of provisions regulating the relationship that has developed in case of dismissal are scattered across various regulatory acts. Some of those relationships are not regulated at all. Dismissal is often equated with the transfer, removal or displacement. In this case employees’ labor rights and guarantees are violated. It has been found out that the institution of dismissal from work at the present historical stage of development has its own characteristics of normative regulation. To date, neither labor law nor caselaw has agreed on a single generally accepted definition of the term of “dismissal from work”. Based on the study of scientific views of scholars and taking into account the analysis of the norms of general labor legislation, the main characteristics of the definition of “dismissal from work” have been identified. It has been found out that the definition of “dismissal from work” differs from “deprivation of office”; the author has studied the features of “dismissal from work”, types and social guarantees for employees at the time of dismissal. It has been noted that dismissal from work is atypical legal measure that employers apply to employees in some cases within labor law. It has temporary nature, it is intended to prevent the employee from work, it can be applied both through the fault of the employee and without the fault of the employee, it is usually free of charge. It has been emphasized that there is a need to develop and adopt a normative act, which should clearly define the cases of dismissal, its tasks and objectives, procedure and consequences of application. It is also necessary to enshrine guarantees of observance of employees’ rights at the time of dismissal in regulatory acts.
I. M. Kovalov, V. A. Yevtushok
Law and Safety, Volume 81, pp 72-78; https://doi.org/10.32631/pb.2021.2.09

Abstract:
The scientific article is focused on the legal regulation of administrative supervision of the National Police of Ukraine. The purpose of the study is to define the concept and features of police administrative supervision and develop propositions for amending the existing legislation regulating law enforcement activity. The relevance of the chosen topic is the fact that police officers’ powers to monitor the rule of law in the fields of economy and public administration can directly affect the rights and freedoms of individuals and the legitimate interests of legal entities. The scientific novelty of the study lies in the doctrinal definition of the concept of police administrative supervision and its features and the development of propositions for amending the Law of Ukraine "On the National Police". The publications of scholars who studied the problems of police administrative supervision in various sectors of the economy and public administration were studied. The norms of legislative acts that establish the supervisory powers of the police are analyzed. It is concluded that police administrative supervision is systematic monitoring of the compliance with Ukrainian legislation in the fields of economy, public administration, public life, and the application of coercive measures to offenders to stop the offense and bring them to justice. Features of police administrative supervision, such as regularity, legality, formality, publicity, have been identified. Police administrative supervision is protective. Its purpose is to stop and prevent violations of Ukrainian law. Administrative supervision over the compliance with the law is carried out in the areas of public order and public safety, public administration, business, drug trafficking, firearms and ammunition, road safety, and other sectors of the economy and public administration. It is offered to make appropriate amendments to the Art. 2 of the Law of Ukraine "On the National Police". The results of the study can be used in lawmaking, law enforcement practice, and the educational process.
D. Ye. Zherebtsov
Law and Safety, Volume 81, pp 60-66; https://doi.org/10.32631/pb.2021.2.07

Abstract:
The essence of legal liability in labor law has been clarified. Scientific approaches to the definition of “disciplinary liability” have been studied. The purpose of disciplinary liability of employees has been defined. The author has studied the norms of the Law of Ukraine “On the Disciplinary Statute of the National Police of Ukraine” regarding the procedure for applying disciplinary liability to police officers. Features of disciplinary liability of police officers have been determined. First of all, disciplinary liability of police officers is a type of special disciplinary liability. Secondly, only a police officer is subject to disciplinary action. Thirdly, disciplinary sanctions are applied by managers at various levels to the relevant regulatory defined range of police officers. Fourth, the purpose of disciplinary liability of police officers is to ensure the compliance with police service discipline, to prevent from committing disciplinary offenses by police officers, to educate police officers’ conscious attitude to the service, to create the necessary conditions for effective operation of police units. Fifth, disciplinary offense is the basis for applying disciplinary liability to police officers. Sixth, the occurrence of negative consequences, which are manifested in the imposition of disciplinary sanctions provided by the Law of Ukraine “On the Disciplinary Statute of the National Police of Ukraine”. The author has suggested own definition of the term of “disciplinary liability of police officers”, which means the application of disciplinary sanctions under the Law of Ukraine “On the Disciplinary Statute of the National Police of Ukraine” to a police officer who has committed a disciplinary offense.
A. V. Kuchko
Law and Safety, Volume 81, pp 160-168; https://doi.org/10.32631/pb.2021.2.22

Abstract:
The Constitution of Ukraine enshrines and guarantees the right to labor as an opportunity to earn a living by work that a person freely chooses or agrees to. However, the current conditions indicate that the consolidation and guarantee of everyone’s right to labor is not an unconditional evidence of its inviolability, the absence of unjustified restrictions and obstacles to its realization. One of such obstacles to the realization of this right is gender discrimination, which violates the balance of male and female labor at the labor market and creates an imbalance in the harmonious development of labor and closely related relations. In this regard, the author has emphasized the importance of the existence of a wide range of effective legal principles in the national labor legislation for non-discrimination while employment, in particular on the grounds of sex, as well as an effective mechanism for their realization. It has been clarified that the legal regulation of non-discrimination on the grounds of sex while employment is the legal regulation of labor and closely related relations through legal means in order to achieve gender parity, prevention of any manifestations of gender discrimination in the realization of the right to labor by each person and citizen. It has been established that the current state of the development of legislative provisions of Ukraine in the field of employment implies the existence of a certain range of legal principles regulating the prevention of discrimination on the grounds of sex while being employed. The emphasis has been placed on the analysis of certain legal principles of non-discrimination, the effect of which extends to the stage of job search and acquaintance with current vacancies at the labor market. Their legal content has been analyzed and suggestions for their semantic improvement have been provided. It has been determined that an unjustified refusal to be hired should be considered a refusal that is devoid of any motivation or when an employer refuses a candidate for reasons other than his professional and business qualities, or does not take into account a number of special requirements provided by the current legislation. The author has emphasized on the need to create legal conditions for the harmonious combination of the interests of an employee and an employer, which can assist in preventing discrimination and allowштп each party to labor and closely related relations to achieve the desired result in realizing their labor rights and interests.
V. P. Ostapovych, O. V. Davydova
Law and Safety, Volume 81, pp 116-121; https://doi.org/10.32631/pb.2021.2.15

Abstract:
The article is focused on the consideration of the motivation of police officers of the National Police of Ukraine as determinants of professional efficiency. The authors have analyzed the domestic and international experience of studying the professional motivation of police officers and the possibilities of its practical use in the system of psychological provision of the employees of the National Police of Ukraine. The levels and components of motivation, directions of its improvement have been studied. The authors have accomplished review of research on the motives for choosing a service in the police as a profession, as well as the factors of further motivation of the employees. The relationship between individual motivation, learning productivity, work and police officers’ satisfaction with the work has been traced. The role of self-motivation and self-organization in increasing the efficiency of professional activity has been determined. Motivating factors have been provided – achievement, recognition, responsibility, promotion and growth, etc., means to support motivation, as well as demotivators – stress due to internal factors, poor health and physical well-being, a negative example of employees who lost interest in the service, etc. The importance of organizational justice and personal example of the head, his awareness and attention to the factors of individual motivation and productivity of the employee for the optimization of the police activity has been substantiated. The perspective of developing diagnostic tools and development of motivation of police personnel in the field of work with psycho-technologies of diagnostic, therapeutic, normative and influential orientation has been outlined.
H. P. Shust, O. S. Khovpun, O. V. Batryn
Bulletin of Kharkiv National University of Internal Affairs, Volume 93, pp 221-232; https://doi.org/10.32631/v.2021.2.19

Abstract:
The publication is focused on studying the state of legal regulation of the liability institution for direct contempt. Cases of direct contempt’s manifestation are negative phenomenon, since they negatively affect the activities and image of the judicial system; they are demonstration of the level of trust to the judicial power; they create obstacles in the formation of confident relationship between citizens and the court; they prevent the state from fulfilling its obligations to ensure everyone’s right to a fair trial. The current legislation of Ukraine has been analyzed. It has been established that the legislation has many gaps that need to be addressed immediately. Shortcomings in legal regulation hinder the full functioning of the liability institution for direct contempt on equal and fair terms, since they allow for ambiguous interpretation of the law norms and evaluation of a person’s actions. The authors have studied some gaps in legal regulation of the liability institution for direct contempt. It has been offered to combine all the shortcomings of the legislation into two groups: of qualifying and procedural nature. Qualifying shortcomings include problematic issues related to the qualification of a person’s actions (regarding the forms of direct contempt, the place and time of the action, the subjects of the offense). Procedural shortcomings include problematic issues related to the procedure for prosecuting direct contempt, in particular determining the range of courts that may hear such cases and the consistency of their powers; the procedure for appointing a judge to hear such cases; the need to draw up the minutes on administrative offenses and to record the procedure of hearing the case; features of notifying a person about the time and place of hearing the case on administrative offenses, etc. The opinions of scholars and practitioners on the functioning of the liability institution for direct contempt in Ukraine have been analyzed. The authors have formulated propositions on improving the legal regulation of the liability institution for direct contempt.
K. L. Buhaichuk
Bulletin of Kharkiv National University of Internal Affairs, Volume 93, pp 146-159; https://doi.org/10.32631/v.2021.2.12

Abstract:
The author of the article studies the current state of legal regulation of civilian firearms turnover in Ukraine. The content of the bills that had been submitted to the Verkhovna Rada of Ukraine at the end of 2020 was analyzed: «On the circulation of civil firearms and ammunition for them» (No. 4335), «On civilian weapons and ammunition» (No. 4335-1), «On the introduction amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine to implement the provisions of the Law of Ukraine "On the circulation of civil firearms and ammunition for them"» (No. 4336), «On Amending the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine to implement the provisions Of the Law of Ukraine "On civilian weapons and ammunition"» (No. 4336-1). The author has formulated his own scientific position in regard to granting citizens the right to carry and use short-barreled firearms. The publication defines the directions for improving the draft laws under consideration in terms of: definitions of the terms of «sporting weapon», «thermal imaging sight», «signal weapon», «night vision sight», «training-split weapon - neutralized weapon», «right to carrying weapon», «right to own weapon»; introduction of the terms of «law enforcement agency», «intelligence agency», «law enforcement agency of special purpose», «state agency of special purpose with law enforcement functions» into the conceptual apparatus of the law, since some authors use them to define the regime of special circulation of civil firearms; establishment of restrictions on the number of civilian firearms and ammunition for them, which can be acquired by an individual; creating legislative prerequisites for the approval of a by-law, which will clearly provide the procedure for transferring seized weapons to the National Police for further storage; securing the obligation of security personnel to provide emergency medical care to persons to whom they use weapons; introduction of norms that will establish the obligation of applicants for the acquisition, possession and use of weapons to take the appropriate courses within first aid; preservation of the wording of the Articles 190-195 of the Code of Ukraine on Administrative Offenses until the relevant law on the legal regime of sidearm is adopted.
Ye. V. Kobko, V. A. Kobko
Law and Safety, Volume 81, pp 104-110; https://doi.org/10.32631/pb.2021.2.13

Abstract:
The emphasis has been placed on the fact that the state is currently aware of the importance of information security within its territory and takes a number of important steps in this direction, such as the development of a new Information Security Strategy. However, such steps are difficult to consider objective, since they do not take into account a number of legal and organizational problems that need to be addressed promptly. Such problems include the following. First of all, the existence of an extensive regulatory and legal base in the information sphere in general and ensuring economic security, in particular. A large number of laws and by-laws different in their content and essence significantly complicates the development of comprehensive measures to ensure information security of Ukraine, and therefore needs to be improved. The latter can be implemented by codifying the said regulatory and legal base and by adopting the Code of Ukraine on Information and Information Relations, where a separate Section will be focused on information security issues. Secondly, the current conditions, where Ukraine finds itself, require the government to quickly adopt a new modern Information Security Strategy, which will include a number of measures aimed at improving such security level, since the latter is undoubtedly one of the important components of national security. Thirdly, the issue of ensuring certain aspects of information security is attributed to the tasks of various state authorities (Parliament, Government, executive authorities, law enforcement agencies, etc.). Moreover, such issues should be addressed at the local level by both legal entities and individuals, in the latter case we can talk about the personal information security of each person. This multiplicity of subjects of information security and the difference in their powers necessitates the creation of an appropriate coordinating agency with special powers in the mentioned area.
Ye. S. Romanenko
Law and Safety, Volume 81, pp 79-84; https://doi.org/10.32631/pb.2021.2.10

Abstract:
In this article the author has made a theoretical analysis of law enforcement officials’ professional competence and has defined the meaning of professional competence of the police officer in the tactical-operational respond unit (TOR) of the National Police of Ukraine. Taking into consideration specific official tasks and professional activity the author describes the main abilities of the police unit (TOR). Among the structural components of professional competence of the police unit TOR: personal, active, social competence is separated. It is shown the intentional filling of structural ingredients of the professional competence of the police unit TOR. It is underlined that the actuality of the research of the development of police officers’ professional competence in this tactical-operational respond unit is connected with the increasing of citizens’ “close” looks at the police actions on the whole and a new-organized unit of the patrol police especially. Social-economic and political changes which are taking place in the lives of modern Ukrainians are characterized by the considerable increase of their civil activity and are expressed by their participation in public events of the different types: political, economic, social, sports, cultural, gendered, religious, ecological and so on. Considering Ukrainians’ high political activity, the urgent necessity of security guaranteeing and holding the public order were formed by the National Police Bodies during public events with participation of a great number of people. That’s why on purpose of providing civil security and law-and-order guard of the public events in 2017 the new unit of patrol police of tactical-operational respond TOR was organized. The new challenges have arisen before the new-organized police unit [3, 6]: to minimize the risks which may appear during public events; to decrease tense in the crowd without demonstrating force; to prevent and to resist street criminality; to be on patrol in the city for the operational support of the patrol police crews in the case of calls with the higher degree of the risk; to react on the situations where there is a real threat of using the weapon or another threat to people’s life; to detain people who are hiding from justice or are wanted and can be dangerous. “We need the units of the civil guard with a new mentality, and absolutely a new approach”, said the assistant of the minister of MIA of Ukraine S. Yarovyi in his interview [3]. The fulfillment of the mentioned tasks demands from the policemen a high level of preparation and professional competence, which is expressed according to O. Tsylmak in the person’s possibility to use the set of acquired knowledge, skills and abilities in practical professional activity effectively [11]. The actuality of the research of the development of professional competence of a police officer in the tactical –operational respond unit is connected with the increasing of people’s “close” looks at the policemen in general and the new-organized patrol police unit in particular. The question of the policeman’s professional competence is a central one because nowadays in the communication with the policemen people use technical means of fixation (such as photo-, video-fixation), somebody to protect themselves against the police misconduct, somebody to show policemen “in not the most flattering light”.
L. V. Borets, Ya. O. Arbych
Law and Safety, Volume 81, pp 130-135; https://doi.org/10.32631/pb.2021.2.17

Abstract:
The bases of the legal status of the Accounting Chamber have been studied: rights, duties, responsibilities, principles, purpose, functions, place of the Accounting Chamber among other state agencies and their interaction. It has been emphasized that the Accounting Chamber should be assigned the status of the Supreme Audit Institution in order to harmonize the legal definition of the legal status of the Accounting Chamber with international standards, namely the Lima Declaration of Control Guidelines, which should assist in expanding the powers of the state agency and should facilitate the effective realization of control functions. The authors have studied the problem of compliance of the Accounting Chamber with the principle of independence contained in the Constitution of Ukraine and in the Law of Ukraine “On the Accounting Chamber”. The emphasis has been placed on the fact that the legislator identifies the legal categories of “state financial audit” and “state external financial control (audit)” in the Law of Ukraine “On the Accounting Chamber”, by using the phrase “state external financial control (audit)”. It is the basis for authors to emphasize the importance of adopting a regulatory act, which will be designed to distinguish between basic categories (concepts) in the field of public financial control (audit). The need to consolidate the functions of the Accounting Chamber at the legislative level and their delimitation with the powers of a state agency has been substantiated. The need to supplement the title of the Law of Ukraine “On the Accounting Chamber” with the word Ukraine has been emphasized. The shortcomings of the legal regulation of the institution of responsibility of officials of the Accounting Chamber have been highlighted. The emphasis has been placed on the fact that the mechanism for bringing officials of the Accounting Chamber to disciplinary responsibility is not regulated at a high level. The authors have emphasized on the improvement of normative and legal regulation of the special procedure for bringing guilty persons to administrative liability by authorized persons of the Accounting Chamber for violation of the law. Based on the analyzed experience of the Accounting Chamber of France, the authors have suggested the ways to improve the legal status of the Accounting Chamber of Ukraine.
O. R. Shyshka
Law and Safety, Volume 81, pp 182-190; https://doi.org/10.32631/pb.2021.2.25

Abstract:
Based on a systematic analysis of civil law norms, the problem of regulatory consolidation of a service as an object of civil rights is revealed. In particular, grammatical awareness of the content of certain norms contained in the Civil Code of Ukraine allowed us to make a rather contradictory conclusion that the service is a material good, a thing that consists in the action or activity of the service contractor. This legal paradox exists due to several shortcomings of legislative technique. The first one concerns the conjunction "including", which, according to grammar rules, refers a service (as a specific concept) as things (as a generic concept). It follows from the above that the Union "Including" should be removed in Part 1 of the Art. 177 of the Civil Code of Ukraine. The second disadvantage is due to the lack of a separate norm that would determine a clear place of the service in the system of objects of civil rights. In this regard, and taking into account the essence of the service as an object of the intangible world, it is offered to supplement Chapter 15 "intangible benefits" with a separate Article entitled "Services", which should contain a definition of the concept of this object of civil rights along with other important provisions. Moreover, the concept of a service is applied contrary to its legislative definition according to the analysis of judicial practice, namely as its result, and not as a benefit, we offer that the word "services" and the phrase "results of work" in Part 1 of the Art. 177 of the Civil Code of Ukraine should be swapped. These amendments will contribute to legal certainty and reduce the manifestations of arbitrary interference by state agencies, including the court, in the rights protected in the Constitution of Ukraine and in the Convention for the Protection of Human Rights and Fundamental Freedoms.
S. A. Kucher
Law and Safety, Volume 81, pp 154-159; https://doi.org/10.32631/pb.2021.2.21

Abstract:
The research is focused on the problems of legal regulation of spreading opinions and beliefs through TV broadcasting. The scientific novelty of the research consists of the provisions on the need to amend the legislation on establishing the procedure for inspection and monitoring of television organizations by the National Council on Television and Radio Broadcasting. The author has studied legislative acts regulating the activity of mass media and works of scholars, where the peculiarities of the legal status of television organizations are covered. It has been stated that the constitutional right to free expression of one’s opinions and beliefs can be exercised through TV broadcasting. The legal basis for the activities of television organizations has been determined. The legal principles for the activities of journalists of television organizations have been clarified. Forms of disseminating one’s own views through television have been established. It has been emphasized that the creation of one’s own television organization by a citizen or a legal entity is the first way to spread opinions and beliefs. The participation of well-known politicians or public figures in television programs has been recognized as a separate form of disseminating the relevant concepts to a wide audience. At the same time, broadcasting an interview given by a well-known public or political figure to the TV channel’s journalists is an important method of disseminating the relevant information. Legal restrictions on the dissemination of certain information by television have been defined. It has been stated that the right to information may be limited by law in the interests of national security, territorial integrity or public morality. The general characteristics of monitoring and supervisory powers of the National Council on Television and Radio Broadcasting have been provided. The author has formulated propositions for amending the current legislation regulating the activities of the National Council on Television and Radio Broadcasting.
M. H. Chernets
Law and Safety, Volume 81, pp 111-115; https://doi.org/10.32631/pb.2021.2.14

Abstract:
Scientific research is focused on the problems of vehicle identification by tire marks on the soil. It is argued that the car can either be a participant in a traffic accident or be used during theft of property or kidnapping. The constructional features of the wheels and tires of a car, which are important in the formation of tracks, are described. When the wheel comes into contact with the soil, the tread pattern is reflected. The features of the vehicle tire marks recorded by the investigator and the forensic scientist during the scene search have been determined. Photo or video recording of car wheel tracks is possible, as well as preparing the impression from the display of the tread on the soil. The possibilities of transport and traceological examination for studying the traces of car wheels have been established. The procedure for appointing an expert examination by an investigator is described. There is a list of materials that are provided for an expert study, as well as a list of questions that can be posed to an expert. It is argued that a problem in proving the involvement of a vehicle in the commission of a crime is the possibility of the vehicle tires or wheels to be replaced immediately after it has been committed. Recommendations regarding the identification of a vehicle based on tire marks on the soil are suggested. To establish the fact of changing tires on a car after the commission of a crime, the investigator must seize all sets of tires that are found in the suspect’s household or garage. It is possible to confirm the fact of changing tires on a particular car by interrogating employees of service stations located near the suspect’s residence. In addition to tire marks, to identify the vehicle, it is worth using the testimony of witnesses regarding the model and color of the car, traces of glass debris and paint chips at the accident site and damage on the car itself.
Yu. Yu. Boiko-Buzyl
Law and Safety, Volume 81, pp 50-59; https://doi.org/10.32631/pb.2021.2.06

Abstract:
The problem of professional and personal formation of managers of the security and defense sector of Ukraine has been studied. It has been emphasized that the basis for professional and personal development of the managers of the Ministry of Internal Affairs of Ukraine is formed by the activity and personality as basic categories, which are reflected in the block of professional formation and the block of personal formation, where each block is reflected in specific components and is revealed in appropriate criteria. In particular, the first part of the study – the psychological characteristics of the block of professional development is presented, namely through such components and their criteria as: activity – career motivation, professional aspirations; behavior – a metasystem of relations in the activity, conflict resolution competence; work – managerial identity of the manager, managerial decision as a product, communication – socio-psychological competence, emotional and volitional regulation. The study is based on the use of a number of methods of psychological diagnosis, which assisted to examine 844 people, including 385 managers and 459 employees of the agencies and departments of the Ministry of Internal Affairs of Ukraine. The obtained results have been processed by using the methods of mathematical statistics. The originality of the stu The problem of professional and personal formation of managers of the security and defense sector of Ukraine has been studied. It has been emphasized that the basis for professional and personal development of the managers of the Ministry of Internal Affairs of Ukraine is formed by the activity and personality as basic categories, which are reflected in the block of professional formation and the block of personal formation, where each block is reflected in specific components and is revealed in appropriate criteria. In particular, the first part of the study – the psychological characteristics of the block of professional development is presented, namely through such components and their criteria as: activity – career motivation, professional aspirations; behavior – a metasystem of relations in the activity, conflict resolution competence; work – managerial identity of the manager, managerial decision as a product, communication – socio-psychological competence, emotional and volitional regulation. The study is based on the use of a number of methods of psychological diagnosis, which assisted to examine 844 people, including 385 managers and 459 employees of the agencies and departments of the Ministry of Internal Affairs of Ukraine. The obtained results have been processed by using the methods of mathematical statistics. The originality of the study is due to a comparative analysis of the characteristics of the indicators of the block of professional development of professional and personal formation of the managers of the Ministry of Internal Affairs of Ukraine and employees who do not perform managerial functions. It has been proved that the indicators of the components of professional and personal development of managers differ from similar indicators of those who are not managers within the system of the Ministry of Internal Affairs of Ukraine in terms of quality and content, which is primarily focused on management functions. The obtained empirical data will contribute to the improvement of management theory and practice in the law enforcement system. dy is due to a comparative analysis of the characteristics of the indicators of the block of professional development of professional and personal formation of the managers of the Ministry of Internal Affairs of Ukraine and employees who do not perform managerial functions. It has been proved that the indicators of the components of professional and personal development of managers differ from similar indicators of those who are not managers within the system of the Ministry of Internal Affairs of Ukraine in terms of quality and content, which is primarily focused on management functions. The obtained empirical data will contribute to the improvement of management theory and practice in the law enforcement system.
Bulletin of Kharkiv National University of Internal Affairs, Volume 93, pp 68-81; https://doi.org/10.32631/v.2021.2.06

Abstract:
The article is focused on studying and scientific understanding of the process of the formation and evolution of Poland as a modern democratic European state. The author has indicated the significance of the influence of the democratic traditions of the Polish people on the formation of the current model of the state system of the Republic of Poland. The author has established the general chronological boundaries of each of the periods of democratization of Polish society starting from the times of “noble democracy”. The main characteristics of the stages of democratic development of Poland until the present day have been determined. The main factors that influenced the course of democratic transit in the Polish state have been clarified. It has been proved that the peculiarities of modern Polish statehood are determined by the historical traditions of Polish democracy, the mentality of the Polish people and membership in the European Union and other international organizations. It has been emphasized that the implementation of economic and institutional transformations in Poland in the post-Soviet period was accompanied by the simultaneous formation of civil society. It has been established that the result of democratic transit in the Republic of Poland is a liberal democracy of the Western type with a certain bias towards social democracy. The author has emphasized the decisive role of European integration processes in the formation of the Republic of Poland as a democratic, legal and social state. Based on the analysis of the current legislation and ongoing reforms in the law-making sphere, the author has defined the main factors that determine the existing systemic threats to the rule of law and democracy in Poland at the present stage of its state-building. It has been stated that although Polish democracy demonstrates some negative tendencies, it is unlikely collapsed due to the current challenges, since the Republic still maintains the balance between state power and political freedom of citizens and their associations and the general atmosphere in Polish society remains open and free.
T. H. Fomina
Bulletin of Kharkiv National University of Internal Affairs, Volume 93, pp 313-323; https://doi.org/10.32631/v.2021.2.28

Abstract:
International standards for mediation in criminal proceedings have been defined; the process of development of the institution of mediation in criminal proceedings in Ukraine has been characterized; propositions on improving the procedure for mediation in criminal proceedings have been expressed. It has been established that the introduction of mediation in criminal proceedings, as a necessary condition for the development of the national legal system, was reflected in many international legal instruments that Ukraine had undertaken to execute. The traditional system of criminal justice cannot offer an effective solution to the problem of dealing with persons who committed a criminal offense. It has been proved that the urgent need of our state is to create new effective alternatives to official criminal prosecution, in particular mediation. The analysis of legislative activity on introducing mediation in Ukraine has been carried out. Representatives of the legislative initiative on the need to consolidate the possibility of conducting a mediation procedure at the legislative level by adopting the draft Law of Ukraine “On Mediation” dated from May 19, 2020 No. 3504 in the second reading. It has been defined that mediation in Ukraine is not fully implemented, since there is no legal basis. At the same time, some measures have been implemented in Ukraine to introduce mediation in criminal proceedings. Thus, the Criminal Procedural Code of Ukraine provides the possibility of concluding a conciliation agreement between the victim and the suspect, the accused. At the same time, allowing the possibility of concluding a conciliation agreement, the criminal procedural legislation does not directly regulate the mediation procedure. It has been substantiated that the procedure for mediation during criminal proceedings should be regulated by: 1) adoption of the Law of Ukraine “On Mediation”; 2) making systemic amendments to the Criminal Procedural Code of Ukraine. Particular attention has been paid to the fact that, despite the lack of a legal basis, our country has experience in applying the mediation procedure in criminal proceedings. Starting from 2019, two pilot projects have been implementing in Ukraine, which demonstrated positive results in this direction: “Restorative Program of Juveniles Suspected in Committing a Criminal Offense” and “Implementation of Restorative Justice in Ukraine”. The results of the implementation of these projects have proved that the mediation procedure has indisputable advantages over punitive justice.
L. V. Borets, V. O. Ruda
Bulletin of Kharkiv National University of Internal Affairs, Volume 93, pp 160-172; https://doi.org/10.32631/v.2021.2.13

Abstract:
Improving the efficiency of the State Audit Office of Ukraine in exercising public financial control is largely determined by the success of the digital transformation of such activities. The legal support of such a process is important. The authors of the article outline the current state and perspectives of legal regulation of digital transformation of the State Audit Service of Ukraine for public financial control, identifies problems of legal regulation of digitalization of this service and ways to solve these problems. In particular, it is noted that one of the important issues is the legal regulation of the automated integrated information database on the status and results of state control over the management and use of state and local resources of the State Audit Service and other state control agencies, as well as databases and registers, the operation of which is financed from the state budget. Given the interdepartmental nature and the fact that the maintenance of some state registers is determined at the level of laws, the need to adopt a relevant law is not excluded. At the same time, appropriate amendments should be made to the Law of Ukraine "On Basic Principles of Public Financial Control in Ukraine", Regulations on the State Audit Office, Procedures for Inspection and Public Financial Audits, Inspection and Monitoring of Public Procurement, which should be supplemented by state financial control entities, in the order of information interaction or by direct access to them. In addition, it is impossible to solve the issue of digital transformation of the State Audit Office without raising the level of knowledge and appropriate training of its employees.
S. O. Ziubrii
Bulletin of Kharkiv National University of Internal Affairs, Volume 93, pp 276-287; https://doi.org/10.32631/v.2021.2.24

Abstract:
The article is focused on the procedure of sampling as a criminal procedural action necessary for the commissioning and carrying out molecular genetic expert examination in the divisions of the Expert Service of the Ministry of Internal Affairs, namely the establishment and comparison of genetic traits of living and dead persons and unidentified corpses within criminal proceedings and civil cases for establishing or refutation of the fact of paternity. The purpose of the work is to provide information about human biological material that can be used as samples for molecular genetic research of living and dead people and unidentified corpses; analysis of errors during sampling of biological material of individuals for each type of samples and determining the methods of storage and transportation of research objects depending on their condition. The author has studied the legal aspects of the procedure of selecting the samples of biological origin according to the rules of identity examination and has indicated the list of documents required for sampling relatives of missing persons for the placement in the central database of human genetic traits. The author has specified the basic requirements for sampling, such as their indisputable belonging to a certain person and reliability of their selection in the minimum quantity necessary for the research. The information that should be indicated on the packaging of biological material has been described. The types of biological material that can be provided for the research as living specimens have been separately studied, namely: nails, blood, buccal epithelium, saliva, which can be provided on a piece of sterile gauze, FTA Cards, cotton, viscose or flock sticks or probe swabs. The author has also defined the persons who have the right to carry out selection from living persons, conditions of selection, drying of samples, possibilities of their long-term storage and conditions of transportation to divisions of the Expert Service of the Ministry of Internal Affairs of Ukraine. Errors in selecting the packaging of biological material (catheters with heparin filling, Ames medium, polymer containers) have been analyzed. Blood, bone remains, teeth, nails and histological specimens have been studied as types of biological material taken from dead persons and unidentified corpses depending on the condition of the remains, environmental conditions and prescription of death coming.
O. V. Haidar
Bulletin of Kharkiv National University of Internal Affairs, Volume 93, pp 233-241; https://doi.org/10.32631/v.2021.2.20

Abstract:
The author has studied the concept of covert embezzlement of the property of another, which is provided by the legislator and has analyzed the concepts revealed by leading scholars in the field of criminal law and in the field of criminalistics. The peculiarities inherent in theft in contrast to other lucrative criminal offenses have been highlighted. The statistical data for 2020 provided by the Office of the Prosecutor General regarding registered thefts on the territory of Ukraine have been analyzed. A statistical comparison of registered thefts with other lucrative criminal offenses and with all registered criminal offenses has been conducted. The classification of covert embezzlement of the property of another provided by the legislator has been studied. The classifications of thefts provided by leading scholars in the field of criminalistics have been analyzed. The author has specified the criteria according to which the Office of the Prosecutor General classifies thefts. Each classification during its application in practice has been analyzed. A separate type of thefts has been identified. The author has studied the devices by means of which the specified thefts are committed. The concept of devices used during the commission of thefts has been revealed. The author has provided courts verdicts on the territory of Ukraine on the fact of covert embezzlement of the property of another with the use of special devices. After the conducted analysis, the classification of thefts based on the acquired knowledge has been provided.
I. V. Kuchynska
Bulletin of Kharkiv National University of Internal Affairs, Volume 93, pp 288-295; https://doi.org/10.32631/v.2021.2.25

Abstract:
The author has carried out the analysis of the perspectives for certification of domestic forensic laboratories for the compliance with international standards, which would contribute to the creation of an effective legal mechanism for the transition to a new level of development of forensic technologies. The main factors of administrative and legal regulation in the field of standardization have been studied. In accordance with the requirements of DSTU ISO / IEC 17025 the principles of organization and implementation of the quality management system (QMS) into forensic laboratories have been determined. It has been established that the execution of the DSTU ISO / IEC 17025 requirements needs significant resources and financial costs from the laboratory. The author has provided clarification to the main stages of preparation for certification, which include measures on developing management documentation (Guidelines, Regulations on forensic laboratory, Accreditation Area), on inventory of existing equipment, metrological support of laboratory activities, preparation and submission of applications to the accreditation agency. It has been noted that certified forensic laboratories should use certified expert methods within their activities that can ensure reliable results during the research. Methodologies should be tested in other reputable organizations or validated directly in the laboratory. Considerable attention has been paid to the quality of standard samples, reagents and materials. The emphasis has been placed on the need to participate in proficiency testing programs based on the results of interlaboratory comparative tests as an effective way to monitor the activities of the forensic laboratory. The author has substantiated the conclusion that the standardization processes of forensic activity and certification of forensic laboratories are aimed at increasing the level of metrological work to protect citizens and the national economy of Ukraine from the consequences of unreliable measurement results.
O. V. Pchelina
Bulletin of Kharkiv National University of Internal Affairs, Volume 93, pp 296-302; https://doi.org/10.32631/v.2021.2.26

Abstract:
The author has carried out analysis of scientific approaches to the interpretation of the concept and meaning of the institution of procedural guidance of pre-trial investigation in general, as well as taking into account the specifics of criminal offenses committed by a group of persons. It has been argued that the procedural guidance of pre-trial investigation is one of the functions of the prosecutor aimed at ensuring the effectiveness of criminal proceedings, which is undoubtedly implemented as a procedural form of interaction with the relevant pre-trial investigation agencies. It has been emphasized that the procedural guidance of pre-trial investigation of criminal offenses in general and those committed by a group of persons plays an important role in ensuring the effective implementation of the tasks of criminal proceedings. Procedural guidance of pre-trial investigation of criminal offenses committed by a group of persons has been defined as one of the functions of a prosecutor aimed at timely detection of criminal offenses committed by a group of persons, their effective pre-trial investigation, protection of rights and freedoms of lawful participants in criminal proceedings, on overcoming the opposition to pre-trial investigation of such offenses, which is implemented as a procedural form of interaction with the relevant pre-trial investigation agencies. The content of the procedural guidance of pre-trial investigation of criminal offenses committed by a group of persons has been revealed. It has been offered to present the content of the specified procedural guidance to the following groups of powers of the prosecutor: powers aimed at timely detection of criminal offenses committed by a group of persons, their effective pre-trial investigation; powers aimed at protecting the rights and freedoms of lawful participants in criminal proceedings; powers aimed at overcoming the opposition to pre-trial investigation of criminal offenses committed by a group of persons.
V. O. Gusieva
Bulletin of Kharkiv National University of Internal Affairs, Volume 93, pp 266-275; https://doi.org/10.32631/v.2021.2.23

Abstract:
The peculiarities for the formation of the methodology of investigating criminal offenses against the authority of state agencies in the field of law enforcement activity have been highlighted. It has been established that the specified group of criminal offenses includes: 1) interference in the activities of a law enforcement officer; 2) the threat of murder, bodily injury or destruction or damage to property in a generally dangerous manner in respect to an official or his relatives or in respect to a citizen performing public duties, used to terminate the activities of a citizen performing public duties or to change its nature in the interests of the person who makes threats; 3) unauthorized appropriation of powers combined with the commission of any socially dangerous actions. The general concept for the formation of forensic methods of investigating criminal offenses of this type has been defined. That concept consists in observing procedural requirements for carrying out inquiry, taking into account the needs of law enforcement agencies, using the experience of scholars on this issue and experience of investigative and judicial agencies in investigating minor crimes and criminal offenses. It has been clarified that during the formation of forensic methods of investigating criminal offenses, there were some controversial issues. They include: issues on the need to include matters about the separation of stages of investigation, forensic prevention, etc. into the structure of tactics of conducting covert (investigative) search actions. It has been established that the structure of methods of investigating criminal offenses against the authority of state agencies in the field of law enforcement activity should consist of the following elements: 1) forensic characteristics of criminal offenses against the authority of state agencies in the field of law enforcement activity; 2) circumstances to be established; 3) features of the beginning of criminal proceedings, typical investigative situations, algorithms of investigative (search) and procedural actions at the initial and subsequent stages of investigation; 4) specific features of tactics of conducting certain investigative (search), covert investigative (search) and procedural actions; 5) general features of using special knowledge; 6) specific features of forensic prevention of criminal offenses against the authority of state agencies in the field of law enforcement activity.
Ya. O. Sinitsyna
Bulletin of Kharkiv National University of Internal Affairs, Volume 93, pp 303-312; https://doi.org/10.32631/v.2021.2.27

Abstract:
The article is focused on the problem of studying mixed biological traces during the research of the growing number and severity of sexual crimes. The presence of blood and epithelial cells with a small amount of sperm on things removed at the crime scene and smears from the victim’s body, complicates the molecular and genetic examination and the likelihood of obtaining a quality DNA profile from the sperm of the rapist. Therefore, the author has defined chemical basis of the standard method of differential lysis and the correlation of the components of the mixture of epithelial cells and sperm, which can help to get mixed and pure DNA profiles while amplify using the sets AmpFlSTR® Identifiler® PCR Amplification Kit, GlobalFiler STR PCR Amp Afication ™ PCR Amplification Kit. The author has analyzed literature data on the developed and perspective methods and additional stages of the differential lysis technique for purification of the mixture and aimed at sorting and reducing the number of epithelial cells. Chemical methods of mixture purification have been studied, including additional washing and incubation of the mortar, use of DNases, SDS lysis buffer and magnetic sorting with the use of antibodies (MOSPD3 and RH-20), and physical methods such as laser microdissection, acoustic lysis, hydrodynamic effect in small Reynolds numbers, microchips with additional integration of Cialyl Lewis oligosaccharide sequence and DEPArray technology. The main advantages and disadvantages of the procedures, the possibility of combining with other types, the impact on subsequent stages of molecular and genetic examination and the possibility of automating the research process have been provided for the methods. For the methods, the author has studied the probability of contamination during the procedure and the possibility of using for obsolete traces of sperm, where the destruction of sperm structure occurred. The author has indicated the possibility of automation of physical systems for forensic examination of molecular and genetic analysis by integrating the stages of sample preparation, cell counting and DNA isolation on a single device, which will reduce the time of the analysis of research objects in the future. The analysis of the literature data showed an improvement in the quality of DNA profiles while using the above methods, so it has been offered to use the presented methods for testing in expert practice.
V. S. Tarasenko
Bulletin of Kharkiv National University of Internal Affairs, Volume 93, pp 203-212; https://doi.org/10.32631/v.2021.2.17

Abstract:
The author of the article studies the mechanism of administrative and legal regulation of the status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities in Ukraine. The correlation of the concepts of administrative and legal regulation and the mechanism of administrative and legal regulation is determined. The existence of the concept of administrative and legal regulation of the status of subjects of administrative and legal relations, in particular, the Cabinet of Ministers of Ukraine, is substantiated. Based on this, the peculiarities of the elemental composition of the mechanism of legal administrative and legal status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities in Ukraine are determined. Administrative and legal status in the system of administrative and legal regulation is considered as a structural element, an integral part of it. At the same time, it is part of the subject of legal regulation by the rules of administrative law. Its constituent elements (principles, goals, tasks and functions, the procedure of creation, reorganization, liquidation, procedures, the right to official symbols, linear and functional subordination, the rights and responsibilities of the subject) are determined by administrative law, through the definition of rights and the responsibilities of a subject is influenced by public relations, the participant of which is such a person. Thus, we can talk about the administrative and legal regulation of the legal status of the subjects of administrative and legal relations, and hence about the mechanism of administrative and legal regulation of the status of such subjects. However, the administrative and legal status in this case will not be part of the elemental mechanism of administrative and legal regulation, because it is the subject to the influence of administrative norms in this case. Thus, the mechanism of administrative and legal regulation of the status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities in Ukraine can be presented as follows: – administrative and legal norms that determine the administrative and legal status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities in Ukraine, their sources; – principles of the activity of the Cabinet of Ministers of Ukraine in the sphere of administrative relations in the field of science and technology in Ukraine; – interpretation of administrative and legal norms regulating the administrative and legal status of the Cabinet of Ministers of Ukraine in the field of scientific and scientific and technical activities in Ukraine; – the nature of administrative and legal relations in the field of scientific, research and technical activities, the participant of which is the Cabinet of Ministers of Ukraine; – individual acts of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activity; – forms of activity of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activity as the participant of administrative and legal relations; – methods of administrative and legal regulation of the status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities in Ukraine; – administrative and legal regimes regulating the status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities in Ukraine; – administrative procedures of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activities; – efficiency of administrative and legal regulation of the status of the Cabinet of Ministers of Ukraine in the field of scientific, research and technical activity.
S. S. Myrza, I. A. Serednytska
Law and Safety, Volume 81, pp 169-175; https://doi.org/10.32631/pb.2021.2.23

Abstract:
Given that the right to marry is an inalienable right of everyone, guaranteed by international law and national legislation of different world countries, it is accordingly forbidden to interfere with the lawful marriage. At the same time, the marriage procedure in different countries has its own characteristics, which depend on such factors as culture, religion, features of the legal system, etc. The influence of these factors on the marriage with a foreign element and some problems that may arise during its conclusion were taken into account while writing this scientific article. Thus, since the current legislation and the legal system of different countries may significantly vary, there may be some problems in the implementation of marital relations with foreigners, which require more detailed study. The problematic issue of realization of marital relations with foreigners on the territory of Ukraine and in foreign countries with different legal systems has been revealed. The procedure of concluding marriage between citizens of the state and certain aspects of marriage with foreigners has been determined. Particular attention has been paid to the analysis of the procedure of marriage with a foreign element in countries with common law, Romano-Germanic and Islamic legal systems. It has been noted that marital and family relations are regulated by separate legislative acts and in some countries by religious norms. The practical aspects of marriage registration have been revealed, in particular, the conditions, the observance of which is obligatory for the registration of marriage with a foreign element have been described and characterized. It has been noted that marriage under current law of different countries can take place only if the established requirements are followed: conclusion of marriage contract, lack of close blood ties, compliance with the requirements of religion, reaching marriage age, mutual consent of both parties, equality, presence of witnesses while concluding a marriage contract and marriage, observance of folk traditions. The emphasis has been placed on the fact that a foreign element within international family law at the time of marriage is manifested in two aspects: as a subject of legal relations and as a legal fact. The authors have analyzed the case law of the European Court of Human Rights in regard to the protection of the rights of married women, which has answers to a wide range of problematic issues that arise in certain life circumstances regarding the conclusion of marriage, including with a foreign element.
O. V. Cherviakova, R. V. Sytnyk, M. M. Honcharenko
Law and Safety, Volume 81, pp 42-49; https://doi.org/10.32631/pb.2021.2.05

Abstract:
The sovereignty and territorial integrity of Ukraine have been violated for more than seven years, part of the territories of Donetsk and Luhansk regions, the Autonomous Republic of Crimea are temporarily not under the control of the sovereign. Researchers and reintegration experts pay attention to the categories of effective and general control in these circumstances. Both concepts from the point of view of historical and law-making importance have significantly influenced the development of international public law and the state responsibility institution involved in armed conflicts, but accomplish this not directly, but through third parties of the conflict: a state controls the behavior of individuals or groups of individuals on the territory of another state. It is possible to appropriate the actions of individuals to the state through the concepts of state and effective control at the international level, although such evidence is extremely difficult in some cases, since the relationship is carefully concealed and the state denies its involvement in international armed conflict. The establishment and recognition of such a relationship between a state and a person or a group of persons, as well as the disclosure of the causal link between governmental actions and the conduct of individuals becomes the subject matter of proving at the international level in case of applying the concepts of effective and general control. In particular, the United Nations International Court of Justice and the European Court of Human Rights are actively working with the concepts of effective and general control to deal with cases of violating human rights, international humanitarian law on the territories of armed conflict. All this determines the relevance of the research of these concepts for their subsequent practical application to prove the fact of involvement of certain subjects of international law in armed conflicts. In this aspect, the development of the concept of effective or general control can facilitate the solution of topical issues of Ukraine’s domestic and foreign policy. The analysis of this concept can be taken as arguments that the conflict in Ukraine should be classified as international, armed aggression of the Russian Federation is being carried out against Ukraine.
V. O. Gusieva
Law and Safety, Volume 81, pp 97-103; https://doi.org/10.32631/pb.2021.2.12

Abstract:
The author has substantiated the need to establish the circumstances to be clarified and has determined their significance during the investigation. It has been emphasized that the circumstances to be clarified include the circumstances to be proved in criminal proceedings, criminal and forensic characteristics of a criminal offense. In order to determine the circumstances to be clarified during the investigation of interference in the activities of a law enforcement officer, the author has studied the circumstances to be clarified within the group of criminal offenses related to obstruction of the activities of a law enforcement officer, as well as during the investigation of interference in the activities of a forensic expert. Taking into account the specified scientific provisions, the author has defined a detailed list of circumstances to be clarified during the investigation of interference in the activities of a law enforcement officer. It has been established that the circumstances to be clarified during the interference in the activities of a law enforcement officer include: 1) circumstances related to the criminal offense, namely: time, place, situation and traces of a criminal offense, methods of its commission (preparation, direct commission and concealment), tools and means used during the interference, the scope of procedural costs; circumstances that are the basis for ceasing criminal proceedings; the reasons and conditions that contributed to the commission of a criminal offense; 2) circumstances related to the identity of the victim, including: socio-demographic characteristics of the victim, place of work, position held; official and functional responsibilities, the victim’s belonging to a law enforcement agency during the commission of a criminal offense against him; the type and scope of damage caused to the victim; 3) circumstances related to the identity of the offender, namely: socio-demographic data of the offender, physiological and psychological condition, gender, citizenship, financial status, place of work, the record of criminal conviction and the facts of bringing to administrative liability; the presence of dependent disabled people; the presence of guilt in the form of direct intent, the purpose of the action; circumstances that aggravate or mitigate the punishment of the offender are grounds for releasing from criminal liability or punishment that exclude criminal liability; presence of accomplices.
O. V. Platkovska
Law and Safety, Volume 81, pp 122-129; https://doi.org/10.32631/pb.2021.2.16

Abstract:
To date, there are no scientifically sound recommendations for resolving conflicts in law enforcement activity, there are no methods for resolving conflicts, and there are no means for managing the conflict behavior of police officers taking into account the gender aspect. The purpose of the work is to conduct a comprehensive study of psychological characteristics of conflict behavior of police officers taking into account the gender aspect. Theoretical and empirical methods were used in the work. According to the results of conducted theoretical analysis the author has noted the psychological and moral preconditions for conflict prevention with the participation of police officers taking into account the gender aspect. According to the method of “Personal Aggression and Conflict” the highest rates in the first group (police officers – women) were obtained on the scale of “conflict”. The lowest rates among women are on the scale of “negative aggression”. The highest rates in the second group (police officers – men) – were on the scales of “conflict” and “positive aggression”. The lowest rates were on the “negative aggression” scale. The highest rate on the scale of “adaptation” according to the method of “Diagnosis of Style of Behavior in Conflicts” (K. Thomas) is both among women and men. Women and men according to the “rivalry” scale have a low rate. The highest rate for women according to the method of “Diagnosis of Conflict Resolution Strategies" was on the “adaptation” scale. The highest rate among men was the scale of “cooperation”. Prevention rates among women are low. Men have the lowest rate on the “competition” scale. Analyzing the results of the study of the style of behavior of police officers in conflict situations within the gender aspect, it was found out that the higher the tendency to avoid conflict, the less are manifestations of styles of rivalry, cooperation and adaptation. At the same time, as the length of service increases, the tendency to adaptive style of behavior in conflict situations increases, which may be associated with manifestations of professional deformation and burnout; strategies of compromise and avoidance in conflict situations are in the lead.
O. P. Zavorina, O. V. Fomin
Law and Safety, Volume 81, pp 149-153; https://doi.org/10.32631/pb.2021.2.20

Abstract:
Ukrainian law enforcement agencies are undergoing a long-term transformation from a system of punitive law enforcement agencies to European-style law enforcement agencies, which should focus on providing services to the population and respecting human rights. One of the areas of the reform was the introduction of the Detective project in the National Police of Ukraine. It should be noted that detective work in Ukraine is a new type of professional activity. However, it should be noted that legal regulation of detective work of both civil servants (law enforcement detectives) and private detectives is absent in Ukraine, although in many countries around the world private detective work is legalized and benefits society. The adoption of the Law "On Private Detective Activity" will allow to establish proper state control over this type of activity at the legislative level and will legalize private detective activity, which is actually carried out, is in demand and recognized by society. However, there is an indisputable opinion in Ukraine that law enforcement activities can be performed exclusively by state structures. And the introduction and operation of private detectives will put an end to the state monopoly in this direction. However, there are also positive points: first of all, several thousand private detective agencies and private detectives must come out of the shadow, pay taxes, report to the police about criminal offenses that are being prepared or committed, provide intelligence, etc. Based on the above, we conclude that legislative regulation of such activities is required for the full work of police and private detectives, including amendments to the Criminal Procedural Code of Ukraine, the Law of Ukraine "On Investigative Activities", departmental orders and instructions, in particular, to the Instruction on the organization of interaction of pre-trial investigative agencies with other agencies and units of the National Police of Ukraine in preventing criminal offenses. detection and investigation, approved by the order of the Ministry of Internal Affairs of Ukraine dated from July 7, 2017, No. 575.
O. V. Petlenko, N. V. Gnidko
Law and Safety, Volume 81, pp 176-181; https://doi.org/10.32631/pb.2021.2.24

Abstract:
The law enforcement agencies of Ukraine conduct preventive work on psychological and pedagogical support with both minors from socially problematic families and parents whose children need enhanced psychological attention and support. This work is accomplished by juvenile prevention employees. The subject matter of this article is the features of informing parents about the mental illness of their minor children. We aim to provide clear recommendations to juvenile prevention employees or psychologists on increasing their psychological competence in working with families as part of preventive measures. It is applied not only to minors who are registered with neurologists and psychiatrists. These are children with residual-organic cerebral inefficiency of the central nervous system. These are the so-called residual manifestations of the transferred harms in the course of the formation of the central nervous system of a child. The difficulty is that most parents do not agree with the need to take action on their children with residual organic problems, hoping that the child will outgrow over time the minor symptoms, from their point of view, that are manifested now. But, unfortunately, our observations indicate that a child with these features has a deformed character without proper care, which, in turn, can affect his or her future life. Therefore, juvenile prevention employees and psychologists need to carry out such explanatory work in order to facilitate the process of adaptation of minors to the conditions of the social environment without the risk of embarking on an illegal way of life. During a ten-year experiment in observing families who were informed about the condition of their children’s central nervous system, received clear recommendations on the proper adaptation of minors to social conditions, we came to certain conclusions that such work was extremely important for the prevention of juvenile delinquency. Therefore, we emphasize the need to disseminate these recommendations among juvenile prevention employees and psychologists in order to continue their work with parents whose children have residual-organic cerebral insufficiency of the central nervous system.
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