Our Law. 2020. № 01

The article focuses on the legal nature of human cloning. The modern development of science, technology, biomedicine and biology has expanded human capabilities. The development of genetics has led to the possibility of making a copy of a living organism. Legal opinion is dominated by the general opinion that cloning is a prohibited activity. However, the development of both medicine and the legal ideology of the modern doctrine of constitutionalism calls into question the unambiguousness of such an interpretation.
It is proved that legal regulation depends on the type of cloning. Therapeutic cloning involves the creation of a suitable environment by artificial methods for embryo birth and development. They are grown for medical purposes, not for full development. Reproductive cloning involves the creation of not only cells but of the entire human body.
The legal sphere is vaguely regulating the attitudes and opportunities created by such development. There are generally no clear international bans on the issue of cloning. These prohibitions are based on the need to protect human identity in order to preserve the chance of a natural genetic combination, which gives it its freedom and uniqueness, as well as to prevent its exploitation.
Most international norms have been adopted at the beginning of the millennium, which in itself speaks to the need for renewal and revision. A number of acts are either advisory or have been supported by a small number of states. Institutional bodies at the UN level, including UNESCO, have also proven to be more of a platform for discussion than a body that can propose a consolidated solution.
At the national level of individual states, there are great differences in regulatory approaches, even within countries, which is manifested in a complete ban on cloning, a ban on only a certain type of cloning, or no legal regulation at all. It’s also stated that many existing national regulations are in an unstable state, as a number of countries consider revising some provisions.

The article deals with the basic provisions of functioning of the e-government system at the present stage of development of democratic procedures. E-government has been proven to be a new phenomenon that improves public service delivery to citizens, improves public sector efficiency, and enhances political openness and the legitimacy of government. The following e-government constants are defined.
Adequate information support of management, which should be aimed at ensuring that information is received by the addressees in an amount, within a time frame, and is sufficient for the qualitative performance of the functions assigned by the current legislation to the subjects of the legal relationship.
The duality of communication, which generates new social and legal asset, aimed at empowering people and groups to build trust and work with governments, which helps to stimulate creative solutions to the problems faced by governments and communities, enables them to expand their productive and consumer flows. Applications and Web 2.0 tools are said to allow government websites to be less unidirectional in sharing information and more supportive of interactive interaction and participation of their users.
Multilevel and wide-ranging of e-govern- ment system. It is stated that it is important at the local level that members of the territorial community at the local level have free access to internet communities, which ensures the participation of local people in providing their livelihoods, and the government offers a wide range of services in various spheres of public life.
Information literacy of the population. Computer literacy of citizens is an important element of the implementation of e-government and in order to increase its level it is the state itself that should implement a wide range of measures.
Promoting e-government. The experience of many countries regarding the implementation of governance, which, regardless of the development of the country and its information networks, proves the need for active marketing of their capabilities

The article conducts a broad study of the important role of constitutional review during the improvement of the judicial legal system, examines the scope and sequence of cases in constitutional legal proceedings, as well as the substantive consideration of requests, appeals and complaints, and special constitutional proceedings.
In addition, the article discusses the importance of the report of the Judge-Rapporteur on the merits of the case in constitutional proceedings, the broad procedural rights of the chairman of the session of the Constitutional Court and the issues of attracting experts, witnesses, specialists and translators to participate in constitutional proceedings were also analyzed

The article is devoted to the study of controversial issues of administrative court proceedings related to the protection of the rights and interests of individuals and incorporated persons in the field of public legal relations. It is noted that the administrative court proceedings, without exaggeration, can be considered the main means of protecting the rights and interests of individuals and incorporated persons in the field of public legal relations from violations by subjects of state power in the context of integration processes and judicial reform, which taking place in Ukraine.
It is emphasized that the basis of the concept of “administrative court proceedings” is the procedural activity of the court to consider and resolve an administrative case. In turn, the meaning of the concept of “administrative process” is the legal relations that arise between all participants in exercising of these judicial activities.
It is noted that the principle of dispositiveness in its classic form emphasizes on the obligations of the court to consider directly those issues for which the participants of legal relations have applied. A special principle of administrative justice is the principle of formality. Due to this principle, the court is able to determine, by its own motion, all the facts necessary for an objective decision in the case.
It is concluded that the administrative court proceedings can be considered the main means of protecting the rights and interests of individuals and incorporated persons in the fi eld of public legal relations based on the analysis of principles and procedural form, taking into account modern scientifi c approaches. That is why the prospects for improving administrative justice in Ukraine are closely linked to the prospects for improving its principles and procedural form, which will contribute to: introducing additional guarantees for individuals and incorporated persons in a fair trial; overcoming the disunity of the judicial authority; ensuring the optimization and unifi cation of justice procedures by general and specialized courts at all stages and in all instances in accordance with European standards.

The article defines the concept of functions and principles of personnel work in the judicial system. The principles are defined as guiding principles and ideas, reflecting the synergy of human resource management activities in the field of judicial administration and provisions of legislative, bylaw normative acts aimed at forming a high-quality judicial body and apparatus of the bodies providing justice.
The functions of the judicial work of the judiciary are understood as the directions of work with the personnel (staff) of the judicial bodies, which are expressed in the processes of professional orientation, forecasting and planning of personnel needs, selection, training and placement of personnel.
In determining the content of the principles of personnel work in the judiciary and their types, it is necessary to proceed from several important aspects: (1) the dualistic public nature of the essence of the principles; (2) high requirements for professionalism, behavior and a high level of responsibility require appropriate high-quality staffi ng, which is refl ected in the principles of the work of bodies and institutions that perform human resources functions; (3) Unlike public administration, in which staffing processes are part of it, staffi ng in the courts is not related to the administration of justice. The general principles of human resources work are aimed at providing the judicial administration system with highly qualifi ed personnel, their professional growth. These principles include: legality; Rule of Law; equality; publicity; publicity; impartiality (inadmissibility of conflict of interest). These principles characterize the universal legal vision not only of employees of human resources, but also areas of human resources functions. The implementation of the general principles of law is of a common nature for any judicial offi cer, regardless of whether he or she administers justice or creates the conditions for a judge to work.

The article is devoted to the study of peculiarities of borrowing foreign experience of legal regulation of information activity of prosecutor’s offices. The author analyzes a number of normative-legal acts of international and national level, scientific positions and achievements of national scientists in the field of information, administrative and international law.
In the course of the research an attempt was made to analyze the concept apparatus. Studying the existing approaches to understanding the definitions of “adaptation”, “approximation”, “harmonization” allowed us to identify their common and distinguishing features. It is revealed that despite the presence in the legal acts of all the above definitions, very often they are used as identical, although they have different meanings. In the process of reforming the prosecutor’s office, the approximation is optimal – borrowing legal norms, institutes, procedures, and other elements of foreign experience of regulating the information activity of the prosecutor’s office in order to increase its efficiency, taking into account historical, social, mental and other peculiarities of the Ukrainian people.
Particular attention is paid to the reform of the prosecution bodies, which is in the process of adapting Ukrainian legislation to EU standards. The author draws attention to the fact that, unlike the situation with the prosecuting authorities, in the process of education reform the legislator (with the support of the Constitutional Court) allows himself to ignore the recommendations of the Venice Commission. This creates a precedent that allows one to hope for national interests to be taken into account in the process of further reform of the prosecuting authorities.

The article defines the meaning of the phenomenon of value judgments through the analysis of law scientists of national and foreign juridical thought. Wherein the balanced approach towards the unified definition of the value judgment is absent nowadays, their interpretation during the legislating process causes certain diffi culties for the subjects of law enforcement. The variety and wide range of the application of value judgments in administrative law is more profuse than in any other sphere of law. The analysis of various sources, for its part, gives us the possibility to consider the application of value judgments either in doctrinal researches or law-making and law-enforcement activity. It’s worth mentioning that in current conditions there is fundamental rethinking of doctrinal legal regulations concerning administrative process (relating to its understanding, circumstantial, legal basis etc.), which in future will serve as the ground to the future legislation, in the fi rst place for all codifi ed acts. Therefore, we pay so much attention to the grounded critical analysis of value judgments in administrative procedure, including the analysis of the prerequisites of their existence that provides elaborating relevant important recommendations pertaining to probable improvement of their application in future for the sake of guarantying the effectiveness of administrative procedure activity.
This article offers some propositions as for probable variants of enhancement of application of value judgments in law-making and lawenforcement activity.

The article deals with the development of international law in the field of children’s rights protection. The conception of the rights of the child has been researched in the sources of law since ancient times to the present stage with a stable system of international legislation. Examples of the pre-industrial understanding of the rights of children have been provided. Intensification of the children rights protection and the growing interest to this problem in the early twentieth century has been explained by the impact of the World War I on the civilian population. The chronology of the adoption of international legislation on protection of children’s rights has been given. The principles of the Geneva Declaration of the Rights of the Child, 1924 have been analyzed. The norms on children rights in the Universal Declaration of Human Rights, 1948 have been outlined. The basic principles of the Declaration of the Rights of the Child, 1959 have been elucidated. Examples of other international legislation in the fi eld of protection of children’s rights and their basic principles have been outlined. The Convention on the Rights of the Child, 1989 has been analyzed, its fundamental norms have been compared with other juvenile acts of international law.
It has been concluded that the development of international juvenile law and its current status is the result of a long and rather controversial formation. Increased public interest in protection of children’s rights shows the development of childhood values and care of the younger generation at the international level.

The article focuses on the fact that today the concept of “subjects of administrative and legal counteraction to offenses in the field of land relations” has not received proper doctrinal disclosure – a considerable number of scientific works highlights features of a related category – “subjects of administrative and legal prevention of offenses” in different spheres of public life. In view of the above, the author outlines the positions of scientists on the system of the above subjects and outlines the criteria used by the authors to identify the relevant species. The peculiarities of the legal regulation of the legal status of the subjects of counteracting offenses in the fi eld of land relations are analyzed in the next section, and the features of their powers and jurisdiction are singled out. Based on the material examined, the author’s conclusions were drawn up and the system of subjects of administrative counteraction to the offenses in the fi eld of land relations was outlined.

The article indicates that one hundred in the Criminal Code and other regulatory legal acts of the Republic of Azerbaijan there is no definition of environmental crime.

The negative phenomenon of violence, the direction of life activity, which has a detrimental effect on the development of social relations, is investigated. An attempt has been made to formulate specific proposals and recommendations that are relevant for the improvement of an appropriate legal practice in Ukraine. Attention is paid to the peculiarities and specifics of violent actions (in particular, sexual, domestic violence), in conditions of an infectious disease outbreak (pandemic), both in Ukraine and on a planetary scale.

The article is devoted to the analysis of the latest tendencies of legislative definition and regulation of violation of sanitary rules and norms concerning prevention of infectious diseases and mass poisoning. The legislator, in the context of the spread of a pandemic coronavirus disease (COVID-19), has taken a number of steps to improve criminal liability for the actions provided for in Article 325 of the Criminal Code, outlining it in a new version. Subsequently, this decision became a temporary law with a period of three months. As a result, questions have arisen as to the tools of lawmaking used, since the lack of clarity in legal regulation in this case could lead to the loss of the proper level of legal certainty and to the breach of the rule of law. In addition, clarifi cation is needed with regard to some aspects of the «restoration» of the norm of the Criminal Code in its previous version, and its retroactive effect. On the basis of the analysis of the current norms of the criminal law and scientifi c positions, a possible way of improving the criminal law in this segment was suggested.

The article states that the definition of the immediate main object of hooliganism as public order naturally follows from the disposition of article 221 of the Criminal Code of the Republic of Azerbaijan, in which violation of public order is the central link of criminal responsibility.

Within the bounds of the given law study paper the author considered all necessary elements of the national criminological and law enforcing experience of particular European and Northern America states in preventing street crime. Considering the given subject-matter aspects the author was using scientific papers of some national and foreign experts in this criminological fi eld.
It is stated that the formulation and implementation of measures for the early prevention of all known manifestations of street crime is an urgent, urgent task for all states of Europe and North America.
Attention is focused on the fact that the criminological problem is reproduced as the problem of children’s, teenagers, as well as «poor», «dysfunctional» crime. Moreover, it is extremely inherent in states / societies that are developed in socio-economic terms and other.
Measures taken in developed countries to prevent such crime are reduced, firstly, to the early elimination of harmful socio-economic, cultural, political and other factors that contribute to the systemic permanent reproduction of street crime. Secondly, such measures are preventive and educational and explanatory and educational in nature. Thirdly, classic law enforcement practices are used. Fourthly, effective cooperation of law enforcement agencies with representatives of the public (public, religious organizations), workers of the social security system is of great importance.
In the framework of various measures to prevent street crime, the prevention of victimization of society from the actions of its representatives, particular importance is attached to the issue of using personal self-defense tools, in particular a liberal or, conversely, forbidden policy in the fi eld of exercising citizens’ right to own firearms and other weapons. Models of such a policy have the above positive and «mirror» negative results. However, solving the problem of street crime depends on the coordinated efforts of the whole society.

The article is devoted to the research of the international standards for formation of the relevant evidences which are applied in practice of domestic courts. From the standpoint of these standards, the practice of the courts of first instance in assessing the relevance of evidences and reflecting its results in court decisions are analyzed. In the context of the international standards for the formation of relevant evidences, the specifi cs of the assessment of evidences in terms of their relevance by the courts of appeal and the reasons for the recognition of evidences as relev ant/irrelev ant in their judicial decisions are determined. Certain legal positions of the court of cassation in the part of the validity of the assessment of the relevance of the evidences made by the courts of first instance and courts of appeal are cited.
Taking into account the practice of national courts, the peculiarities of the application by them the international standards for formation of relevant evidences are determined. It is substantiated that, in accordance with these standards, the national courts, firstly, to recognize the assessment of evidences in terms of its relevance as their duty, secondly, to ensure that the burden of proving of the relevance of evidences produced by them is placed on the sides of criminal proceedings, thirdly, to determine the importance of evidences to establish the facts/circumstances of criminal proceedings, fourthly, to ensure the use of evidences to confi rm the reliability or unreliability of other evidences, fifthly, to evaluate from the point of view of relevance both the available evidences and the evidences submitted by the defence side or for receipt of which it has made the petition, sixthly, to refuse the defence party to present evidences or satisfy the petition to receive it only if such evidences is considered irrelevant; seventhly, to point out the inadmissibility of the refusal to the defence side in the submission of evidences or in the satisfaction of the petition for its receipt without justifi cation of the irrelevance of the evidences, eighthly, to reflect the assessment of evidences in terms of their relevance and its motives in the court decisions decided by them.

The article is devoted to the typology of criminal radicalism. The focus of aggression is exo-aggressive, endo-aggressive and mixed radicalism. In the form of manifestation – verbal and synthetic. Depending on the ideological basis, it is proposed to distinguish between political, religious, xenophobic, subcultural and mixed types of criminal radicalism. Political criminal radicalism proves to be multifaceted, and can therefore be represented by such subtypes by the criterion of ideological basis: right-ideological (archaic, nationalist), left-ideological, anarchist, anti-globalist, “green”, anti-criminalism. Depending on the direction of activity, the following subtypes of political criminal radicalism are distinguished: radicalism-rebellion (anti-state radicalism) and radicalism-terror (state radicalism: terror, state terrorism, crimes of aggression).
Xenophobic radicalism has the following subtypes: antisemitism, racism, and migranto- phobic radicalism. Among the subtypes of subcultural radicalism are the following: 1) subcultural youth (radicalism of football fans, skinhead movement, etc.); 2) criminal-subcultural. The latter, in turn, has two more subtypes: a) intra-subcultural, which is manifested within the groups of convicts and connected with attempts to change the prison system, individual institutions, norms, hierarchical structure provided by the respective subculture; b) externally subcultural, which expresses opposition to other countercultures, normsystems, orders.
The following types of criminal radicalism are distinguished by function in the political process: “revolutionary movement”, political repression, political terror, criminal separatism, terrorism (multifunctional political-criminal phenomenon), vandalism. The proposed types of criminal radicalism are not exhaustive and can be supplemented, acquired integrative features depending on the situations, the specific subjective content of criminal acts, the use of their effects by political subject, etc.

The article is focused on outlining general measures for combating crimes against state sovereignty and territorial integrity of Ukraine. It has been determined that the prevention of crimes that encroach on territorial integrity, constitutional system and national security of Ukraine requires the application of a wide range of new measures of influence on the causes that originate them by eliminating or neutralizing them.
Particular attention has been paid to the fact that the aggravation of political and economic situation in Ukraine, the conduction of the antiterrorist operation in the East of the state require strengthening of the defense and reform within law enforcement systems, revision of priorities in the activity of the subject component in regard to the protection of independence and territorial integrity of the state, ensuring the rights, freedoms and legitimate interests of citizens.
It has been established that general measures to counteract crimes against state sovereignty and territorial integrity of Ukraine are aimed at finding the ways, means and other possibilities of effective influence on crime in order to reduce the intensity of crime determination processes at all levels, neutralization of the effect of causes and conditions to reduce the number of criminal acts to a certain level.
It has been concluded that nationwide prevention is achieved through undue influence on criminological determinants, in the process of positive, progressive development of society and solving economic, social, political, ideological and other global tasks, resulting in parallel to eliminating, limiting and contradicting crisis phenomena that nourish and reproduce crime.

The publication is focused on studying the origin causes, nature and content of external threats to economic security of the state. The main indicators of economic security have been outlined.
The author has offered a comprehensive vision of the criminological model of threats to the economic security of the state, which contains two blocks – internal and external threats. Their interconnectedness, heterogeneity and complex structure have been emphasized; therefore the author has paid attention to the need for epistemological autonomous analysis to identify the fundamentally important and relevant components of each of these blocks.
The author has emphasized the opinion on objective grounds and prerequisites, when the phenomenon of economic security of the state may go beyond the structural borders of the national economy, which is due to globalization processes in the economic sphere and its transnationalization.
The block of external threats to Ukraine’s economic security has been differentiated into two groups of risk factors: natural global and artificial (managed). The author has pointed to their multidimensionality, which is manifested in both interdependence and mutually exclusive nature. Such destructive desynchronization contributes to widening the range of threats to the economic security of the state, both in external and internal dimensions.
The author has emphasized the urgent need for the development of scientifically substantiated and practically time-tested new areas of criminological provision for economic security at the present stage of national statehood and implementation of modern preventive measures taking into account the risks and threats of the present day.
It has been concluded that a holistic system of measures, carried out on the basis of identifying and further neutralizing the identifi ed internal and external threats as the ground for stable development of the country’s economic system, constitutes the functional profi le of the mechanism of criminological provision of the state’s economic security.

In the article are considered procedures features of responsibility of legal entitie in criminal proceeding. The author pays attention on that circumstances that are founding for application to the legal entities of measures of criminal law character and are subjects to proof in criminal proceedings. Therefore, in such criminal proceedings, evidence of the guilt of an individual in committing an incriminated crime, as well as the existence of grounds for the application of criminallaw measures to a legal entity.
The article discloses the content of the grounds for applying the measures of criminal law to a legal entity. Analyzed yudicial practice. It is concluded that the crime can be recognized as committed on behalf of a legal entity if the authorized individual acted as a representative of the legal entity, that is, personified such a legal entity and realized the legal personality of the latter, and did not act privately, acting on its own behalf. The methodology and tactics for collecting evidence to establish the grounds for applying measures of criminal law to a legal entity are defined. Features of providing access to materials of pre-trial investigation are considered.

The questions concerning the direct object of a crime under Art. 345 of the Criminal Code of Ukraine. Analyzed different concepts of object of a crime. Investigated the question of the primary and direct object of a crime or threat of violence against law enforcement officer.
It is substantiated that the establishment of the direct object of the crime is important for clarifying the nature and degree of public danger of the crime committed, its correct qualification, makes it possible to clearly distinguish between related crimes.
It is concluded that the main immediate object of the crime is the most important social relations inherent exclusively to this corpus delicti, characterizes its nature and determines the specific corpus delicti in the structure of the Special Part of the Criminal Code of Ukraine, is protected by a specifi c criminal law and which is caused or may be harmed as a result of a certain crime.
The main direct object in the commission of an attack on the life of a law enforcement offi cer is the lawful activity of a law enforcement offi cer, the additional direct object in the commission of the violation in question is the life of these individuals.
Further areas of research identified the problems of correlation of social relations with the category of interests and benefi ts.

The article explores the foreign experience of preventing self-inflicted acts of violence committed by children. The analysis of foreign experience testifies to the necessity of adopting specialized legislative normative legal acts in order to create a legal basis for special criminological measures for the prevention of selfserving and violent crimes. It has been found that in many foreign countries, the organizational basis for preventing juvenile offenses is the specialized preventive and juvenile justice agencies. An analysis of the experience of preventing selfish and violent crimes in foreign countries (England, Canada, the Netherlands, the United States of America, Switzerland) made it possible to identify the directions of effective prevention measures. Based on the generalization of foreign experience, the recommendations of the European Union, UN documents and UNICEF, the author proposed an innovative model of three-level prevention of acts of violence and violence committed by children, which is primarily due to the need for a new, more effective system of responding to their legal response taking into account the minimization of punishment.
For further development and development of the domestic system of prevention of offenses among children, for the development and implementation of new, effective forms and methods of prevention of the subject of prevention of offenses it is necessary to study and implement certain foreign methodological developments and practical techniques in this field, but to do so taking into account the national peculiarities caused by the previous development of our country and the modern transformation processes occurring in all spheres of public life.
On the basis of generalization of foreign experience, it is necessary to identify the main directions of social rehabilitation of children who have committed acts of violence and violence in Ukraine: 1) creation and development of preventive services for work with children; 2) diagnosis of social environment; 3) community assistance and mentoring to address the most pressing issues for children; 4) the work of mediation “patronage” services, which is expressed in support of children, especially sensitive to conflicts in the family, at school, on the street; 5) providing a decent accommodation that can replace the family; 6) use by the family social workers of special psychological cards for each child of a particular neighborhood from the moment of birth with the purpose of holding timely preventive measures until she reaches majority; 7) Establishment of an institution for family social workers and the fixing of each family with a child at the place of residence by a certain social worker who interacts with health authorities and institutions; 8) legal advocacy among the pupils of educational institutions by the employees ofjuvenile prevention, which is the most important component of both educational programs and activities of the National Police of Ukraine for ending the deviant behavior of children.

The author of the article has carried out theoretical study of the legislation of a number of foreign countries on the penalization of criminal and unlawful encroachments on public and private professional security activities.
The emphasis has been focused on the fact that one of the basic conditions for the effectiveness of criminal policy is the development and improvement of penal institutions (including penalization), both at the legislative and law-enforcement levels. It has been emphasized that the criminalization of socially dangerous encroachments in the specified sphere and their penalization in accordance with the norms of international law is an urgent problem that needs to be solved.
The author has studied the limits of penalization of criminal and unlawful encroachments on public and private professional security activities in the legislation of a number of foreign countries by determining their scope and content.
Special attention has been paid to the need to increase the effectiveness of applying the norms of the criminal law of Ukraine in part of liability for criminal and unlawful encroachments on public and private professional security activities; to develop effective mechanisms for detecting and further correcting shortcomings related to penalization of the actions under consideration.
The author has made the conclusion about the practical signifi cance of further scientifi c development of the issues of penalization of criminal and unlawful encroachments on public and private professional security activities, formalization of the principles and rules for carrying out such activities with the active use of positive international experience.

This paper examines the international experience of regulation of criminal responsibility for mercenarism. On the basis of analysis of orders criminal legislation separate European and most post-Soviet countries the general and excellent lines of the normative regulation this question. Problematic issues and ways of their elimination are determined. The author point of view speaks out in relation to expedience of implementation of some positions of foreign legislation in domestic practice.
It defines bases of criminalization of mercenaries at the international level and ascertains the lack of global consensus on this issue. The objective-subjective side of the mercenary activities as the crime against peace and security of mankind has been analyzed. The peculiarities of the mercenary activities definition in the Criminal Code of Ukraine have been given special attention.
The statements that are worthy to be adopted by and to Ukrainian lawmaker (anticipation of such a qualifying sign of mercenary use of a minor), as well as those which are unsuccessful (which do not specify the purpose of recruitment, financing, training or other financial support of the mercenary; where the range of criminal activities covered by the concept of “mercenary” is narrowed) have been elucidated. The actus reus of the mercenarism according to the criminal legislation of the international experience is considered.

It is analyzed the state of theoretical research of problem of aggressive war; it is selected substantive debatable provisions and their supporters. Conclusions are drawn that on the modern stage of state development there is no adequate mechanism of propaganda of the Communistic, Nationalistic and Socialistic (Nazi) totalitarian regimes countering in Ukraine.
A brief review of criminal literature has given an opportunity to conclude that the issue of criminal responsibility for propaganda of the Communistic, Nationalistic and Socialistic (Nazi) totalitarian regimes is one of those who have not been properly resolved. It has been stated that certain aspects had not been studied at all, and the authors’positions on the investigated issue were controversial or diverse. Due to the relevant analysis, some of the issues that are not illuminated have been analysed, the additional arguments have been given to resolve the controversial issues.

The article is devoted to the analysis of the problem of ambiguous interpretation of the principle of justice in contract law. Doctrinal approaches to the definition of justice were explored, as well as interpretations of the category of justice in philosophy and in law were delimited. The work covers cases of the application of the principle of justice in case law and contractual obligations.

The article analyzes the role of facts in the mechanism of protecting the rights of participants in credit relations. A typology of mechanisms of a jurisdictional and non-jurisdictional type is developed, the main characteristics of their factual grounds are revealed. The grounds for the classification of facts are proposed taking into account the differences in the objects of protection of the rights of participants in credit relations.

The article is devoted to the study of the interpretation of positive discrimination as a method that ensures the equality principle. The main approaches to the definition of the concept of positive discrimination and equality are highlighted, the content and features of the modern interpretation of positive discrimination are disclosed. The article also considers the positive and negative aspects of the possibility of introducing positive actions in the context of their compliance with the equality principle.

The article reviews the construction of military justice system in countries of the European Union and its development aspects, taking into account the findings of the Findlay v. United Kingdom case, heard at the European Court of Human Rights in 1997 and the start of the military justice system civilization process.
The process of civilization was caused by the fact that in the case of Findley v. The United Kingdom the European Court of Human Rights came to a conclusion that to consider the court independent we should to pay attention to the method of appointing its members and the term of their authority, the existence of safeguards against external pressure and the existence of external signs of independence.
Authors proposing a possible model of building a military justice system in Ukraine, taking into account the findings of the European Court of Human Rights. Also, saving judicial control over the security and defense sectors as one of element of democratic civilian control, and involving the jury in cases in military sphere from among of the current or former service members, reservists.

The article aimed on basic categories of psychological safety and its components, identification of psychotraumatic and stressful factors of professional activity in the prosecution bodies, model of ensuring the psychological safety of the prosecutor’s personality.
The authors confi rmed that presence of psycho- traumatic and stressful factors is a specifi c work feature in the prosecution bodies. Among them: increased level of legal and moral responsibility, workload and its duration, uncertainty of working conditions for the near future, conflictogenicity, rapidity, newness and singularity of activity, suddenly changes, risk for the prosecutor or his relatives to be harmed etc.
It’s confirmed that for prevention of prosecutor’s emotion (professional) burnout syndrome, psychological safety of the prosecutor’s personality should be provided in three directions: organizational and legal, intersubjective and individual.

The article characterizes robbery attacks on the housing of citizens from the standpoint of criminological approach. The elements of criminological characteristics, signs and concepts of robbery on housing of citizens are revealed. The elements of criminological characteristics include: objects (housing, robbery as an activity), subjects and measures of prevention. characteristic features of robbery attacks on housing of citizens, as the object of criminological research is a set of specialized scientific information, which includes the following elements: 1) social conditionality of establishing and maintaining criminal liability for a certain type of crime; 2) social danger of a certain type of crime; 3) the unlawfulness of the act and its place in the system of normative determination of the prohibition of the corresponding type of socially dangerous behavior; 4) composition of certain types of crimes; 5) socially dangerous consequences and other circumstances of committing crimes that are outside the composition of a certain type of crime, but are inherent in their commission; 6) prevention measures.
This type of robbery combines selfish motive and violent actions (both physical and mental in nature) or the threat of using them and affecting the life and health of a person.
The system-forming property that combines selfish motive with its violent achievement is the invariant criminal activity of the offender in its development, where the selfish motive determines the character, content and nature, and the violent form of its realization specifies the orientation of this specific criminal activity. Thus, robberies on housing of citizens can be defined as an antisocial phenomenon and relatively mass socially dangerous enrichment, which is manifested in committing robberies on premises intended for permanent or temporary residence of people (house, apartment, cottage, etc.), characterized as a rule by group. the nature and distribution of roles associated with the use or threat of violence.