Our Law. 2020. № 02

Human rights are a special value that hu¬manity has acquired over the centuries in the struggle for its proper existence. The impor¬tance of their protection rests with the state, which puts it at the highest level of the tasks assigned to it. There is no doubt that the judi¬ciary plays one of the most important roles in this process, the activities of which require the conditions that must meet the high standards of the rule of law. Adequate protection of hu¬man rights is possible only if the state creates appropriate conditions in which the court will be the independent arbitrator called to protect and ensure human rights. The importance of this is also emphasized on the way of our state to becoming a legal state.
An important feature of modern times is the public’s trust in the judicial branch of gov¬ernment, which reflects the whole paradigm of building the judiciary and its activities, which is why it is necessary to increase its authority through justice and impartiality, which are the axiomatic foundations that should form beliefs of the possibility of protecting their rights in it. Of course, the formation of the authority of the court lies on the shoulders of the judges them¬selves, who must demonstrate high profession¬al skills and at the same time be objective and fair following the letter and spirit of the law, which can gradually change today’s low levels of public confidence in the judiciary, which is strikingly different from Western countries that have achieved stable results in this regard.

The author examines theoretical and practical problems of Ukraine’s accession to the Rome Statute of the International Criminal Court. Special attention is paid to the analysis of the Constitutional Court of Ukraine Opinion of July 11, 2001 on the compliance of the Rome Statute with the Constitution of Ukraine; the essence of the principle of complementarity, enshrined in the Charter; the doctrinal approaches of some domestic international lawyers on the accession of Ukraine to the Rome Statute are analyzed.

The article deals with peculiarities of administrative and legal support of migration policy in Ukraine. By analyzing scientific views, the author defines the concepts of “state migration policy” and “administrative and legal support”. The specifi c features of the practical implementation of migration policy by the specially designated bodies of state power, as well as the application of measures of administrative and legal regulation of migration procedures, are determined.
Suggestions have been made regarding the improvement of some administrative procedures for carrying out the professional activities of the subjects of migration policy implementation and control. It is proposed to amend the profile legislation in order to improve the quality of the functioning of the national migration system, to exercise effective supervision and control over the activities of the entities that carry it out.

Methods and methods of implementation of international and national legal norms and organizational measures to combat the spread of infectious diseases among the population are considered. In particular, it is noted that, given the high potential level of potential hazards arising from the spread of epidemic diseases, representatives of state and local self-government should develop and implement, as soon as possible, appropriate plans of recommendations and specific actions to prevent and prevent the occurrence and spread of property and infection. . The author’s definitions of the terms “infectious disease”, “implementation of legal norms”, “implementation of organizational measures” and “countering the spread of infection” are offered.
The issue of rapid emergence and further rapid spread of viral infections among the population, as well as the elimination of negative economic consequences, which will inevitably result from the spread of the above infections, are actualized.

In the article on the basis of realizable complex legal analysis of pandemic as one of global problems of humanity she offers conceptual vision at quality of distribution to the coronaviruses as relativistic- quantum approach in relation to deceleration of time of administrative and legal processes, at that every person, state and society mentally felt on itself measuring of phenomenal phenomenally existential of fear. Complex, interdisciplinary character of pandemic, that combines labours with various industries of scientific knowledge (virology, epidemiology, philosophical anthropology, economy, approach of the systems and others like that), is reasonable. It is found out, that a pandemic from the point of view of her anthropological soil is a maximum situation that through a disease radically puts a man on the limit of life and death, and coming from it needs certain decisive actions from a man, tests the course of life of man and opens the greatest horizons of her existence. Modern cybernetic space that accelerates risk processes in nuclear is reflected.

Based on the analysis of the current legislation, some issues of administrative and legal regulation of land protection in Ukraine are considered. It is proved that in the process of implementing legal regulation and land protection, the state performs four main functions – regulatory, stimulating, controlling and punitive.

The article considers the concepts and content of causation in crimes against children, shows that the causal link between the act and socially dangerous consequences is a mandatory feature of the objective side in crimes against children with material composition.
If there is no causal link, criminal liability for causing socially dangerous consequences is excluded. The question of causation arises every time a person is held liable for harmful consequences as a result of his activities (actions) or inaction.
The causal link in crimes against children is an objectively existing link, as in other crimes, between the cause (socially dangerous act) and the consequences that are socially dangerous. In every criminal proceeding for crimes against children with material composition it is necessary to identify (study, investigate, establish) not only the act, but also the socially dangerous result of the act and the causal link between the act and the consequences as a phenomenon of real activity.
There is no normative-legal definition of the concept of causation in the Criminal Code of Ukraine, so the solution of this issue in each case is taken by the investigator, prosecutor, court, and in theoretical terms is studied by the science of criminal law.

The author of the article has outlined the main issues of criminological provision of economic security of Ukraine. Its structure and essence have been determined; the content of functional components has been characterized. Particular attention has been paid to the specific features of regulatory, organizational and managerial, informational, scientifi c and methodological component of ensuring the economic security of Ukraine.
It has been concluded that the economic security of the state requires constant multilateral monitoring and research in order to timely identifi cation and effective neutralization of the negative factors that perform threats to its stable development. Criminological provision of Ukraine’s economic security is a dynamic process that requires a comprehensive and systematic approach, its acute practical necessity is unquestionable, and the systematic implementation of the outlined set of legal, organizational, managerial, informational, scientific and methodological measures will create favorable conditions for the activities of subjects of combating economic crime. It is one of the primary tasks of the state and it cannot be solved within the existing outdated forms and methods of subjects’ activity.
It has been reasonably proved that there is currently an urgent practical need to develop scientifi cally sound new mechanisms for ensuring economic security, taking into account the risks and threats that exist today. Nevertheless, only a longterm conceptually verifi ed system of criminological provision of economic security can be a guarantee of overcoming the crisis in this area and ensure the success of this activity.

The article considers the use of such modern technology in criminal proceedings as videoconferencing, shows the variability of interpretation of the concepts of «videoconference», «video link» in the laws of different countries and features of their application in practice and also aspects of legal regulation of proceedings by videoconference during the quarantine period, to prevent the spread of COVID-19 coronavirus infection.
Different interpretations of the concept of «videoconferencing» are discussed; It is noted that today remote proceedings (videoconferencing mode) are effectively used in the practice of most European countries and the United States. International documents containing this term are also mentioned.
The process of remote pre-trial proceedings and the process of remote court proceedings in accordance with the requirements of the legislation of Ukraine are described.
The main purpose of the application of such advanced technology as videoconferencing in court is to ensure permanent access to justice, prevent the spread of coronavirus infection COVID-19, facilitate the hearing process, allowing the parties to participate fully in the trial, which will be as close as possible to the usual hearings in court.

Given that suspicion is the beginning of criminal prosecution, the acquisition of rights and responsibilities, it is difficult to overstate its legal significance. According to the author, the legislator is not quite clearly defined as the process of notifi cation to a person of suspicion (this also applies to persons against whom a special procedure of criminal proceedings is carried out), and the definition of the notification of suspicion and its content is not specifi ed. Also, it is necessary to clarify the process of appealing the notice of suspicion, since the legislature made amendments to Art. 303 of the Criminal Procedure Code of Ukraine which provides the opportunity to appeal notifi cation of suspicion after two months from the moment of notification, which to the author’s opinion may affect the whole criminal proceeding process. It should be noted that an analysis of the evidence supporting the legality of a suspicion notifi cation when considering a request to appeal the notice may lead to the assumption of the functions of justice and the “prejudgment of the court” at the pre-trial stage. The article also emphasizes the importance of adhering to the tasks of criminal proceedings that directly relate to the protection of a person of society and the state from criminal offenses, the rights of the victim to compensation for damage caused by a criminal offense following the law and the possibility of their violation in the event of termination of the notice at the pre-trial investigation stage. In the article, the author tries to emphasize the importance of informing the person about the suspicion and problematic issues that both the prosecution and the defense party may face in the course of their pre-trial proceedings by analyzing the procedural legislation, court decisions, and opinions of the scientists. Thus, the article explores some of the problematic issues of the process of notifying a person of suspicion, its content, and the possibility of challenging it.

The reform of the criminal procedural legislation is provided new elements for the construction of the criminal process. The procedural powers of an investigator judge at the stage of pre-trial investigation have been determined. Proposed judicial control when the investigating judge provides a decision in case of limitation of human rights and freedoms in criminal proceedings have been done. It was determined that the procedural powers of an investigating judge established by the current legislation comply with international legal standards and ensure the implementation of the rights, freedoms and guarantees of participants in criminal proceedings, as well as establish procedural control of the investigating judge for the conduct of investigative search actions. Theoretical aspects and practical solutions to these issues and amendments to the current legislation are proposed.

The article is devoted to the study of the state personnel policy essence, its influence on the formation of the personnel policy of the police department through the prism of educational processes.
It is being noted that an important requisite for the development of statehood is a properly structured system of personnelpolicy. The historical dynamics of personnel policy, marked by the departure from the Soviet system of personnel management, is characterized by many positive aspects, especially regarding the quality of higher education, and represents the fundamental idea of patriotism, professionalism and intellectualization of labor. At the same time, numerous personnel problems of that time gave rise to inevitable processes in the economy, social life and public administration. Instead, in the context of cross-border cooperation, the machinery of personnel policy faces new challenges in terms of personal qualities and competence of staff. The information society is in constant search of new principles and approaches to personnel work, amongst other things in the plane of the remote component of the tasks.
It is approved that the world’s leading countries (Germany, France, China) have timely understood the relevance and priority of human potential, its intellectual reserves, that the progressive future of the modern labor market – the matter depends on the scientific and professional staff. It is important to emphasize the system of vocational education and the development of motivational capabilities of human resources in connection with the significant turnover of staff in our country. The final point is to develop a holistic concept of state personnel policy.
Special attention should be paid to police personnel policy, which is fundamental in terms of law enforcement training. The conceptual opinion is expressed that in order to bring theory and practice closer together, science must be developed directly in the practical police forces. The priority direction of development of personnel policy of police department is creation the areas of innovative research centers (laboratories) at The Main Departments of the National Police in regions.

The implementation of the state national security policy today is one of the main problems in Ukraine. Illegal migration poses a serious threat to Ukraine’s national security and stability in society. Ukraine, as a state, is faced with the lack of an effective system of legal regulation of migration processes that threaten the national security of the country, contribute to the growth of crime and the formation of organized criminal groups, exacerbate social tensions in society. Therefore, the question of defining the tasks and functions of the subjects of combating illegal migration arises. The issues of types of subjects of counteraction to illegal migration in Ukraine and their functions and mutual cooperation are studied. Direct control over the deployment of migration flows is carried out on the basis of national legislation, which is fundamental in shaping the migration policy of the state.
In addition to the creation of a national legal framework, the key to the successful implementation of state migration policy is the formation of institutions responsible for managing external labor migration; proper staffing of specialized public authorities; ensuring a sufficient material and financial base for
approval of scientific and information support of the management process.
State regulation of labor migration is seen as a purposeful activity of state executive bodies and local governments to implement the priorities ofmigration policy, regulation of the number and quality of labor in the country by introducing appropriate legal, economic, financial, organizational, informational and social activities. The system of subjects of state regulation of migration processes in Ukraine can be divided to: subjects of general regulation of migration processes and public administration bodies that directly regulate migration processes in Ukraine.The subject of counteraction to illegal migration is the bearer of the rights and obligations provided by administrative and legal norms concerning counteraction to illegal migration and is capable to realize the given rights, and to carry out the assigned duties. Migration is becoming an important factor in the development, fight against poverty, and the achievement of the UN Millennium Development Goals. However, the governments of many countries are unable to take advantage of the opportunities provided by migration. These include Ukraine, where the formation of state migration policy, as well as its institutional support, is still not completed.

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 criminal-law measures to a legal entity.
The study of applying measures of criminal law to legal entities (according to the Unified Register of Court Decisions) confirms that failure to fulfil its obligations to prevent corruption has never been used as a basis for initiating proceedings against a legal entity. To establish the content of the grounds for applying measures of criminal law to legal entities, it is necessary to clarify two mandatory circumstances: 1) the circle of persons authorized to take measures to prevent corruption; 2) a list of duties of these persons in the fi eld of corruption prevention.
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.

This paper examines the international experience of regulation of criminal responsibility for production, distribution communist, Nazi symbols and propaganda of the Communistic, Nationalistic and Socialistic (Nazi) totalitarian regimes. On the basis of analysis of orders criminal legislation separate European countries the general and excellent lines of the normative regulation this question. The author point of view speaks out in relation to expedience of implementation of some positions of foreign legislation in domestic practice.

A difficult problem today is the issue of robberies of collectors, characterized by increased public danger and resonance that arises in connection with an open, illegal, violent attack on vehicles, combined with encroachment on the health and lives of people who is, as a rule, a group organized nature with the use of firearms and is aimed at the acquisition of material values on a large scale. Such attacks often kill not only collectors but also outsiders, due to the fact that such attacks occur mainly during the day and in crowded places, near large stores and banks.
The article forms a typical forensic description of robbery attacks on collectors. The concept is given, the content of the forensic characterization of robbery attacks on collectors is defined, the correlations and dependencies between the elements during the construction of the forensic characterization of this type of crime are revealed and what difficulties arise in the process. An attempt is made to solve the problem of identifying the levels of forensic characteristics of crimes that have not received proper scientific justification and are contradictory, and therefore require clarification and further development, taking into account the demands of practice and the current state of forensics. Questions were raised about the significance of the forensic characterization of the crime, the objective criteria for such significance and the purpose of the forensic characterization of robbery attacks on collectors.
The dependence of improving the quality of work of units of the National Police of Ukraine on the investigation of robberies on improving the forensic characteristics of this type of crime has been proved. The necessity of development on the basis of forensic characteristics of the system of effective methodical recommendations necessary for practice, revealing features of a complex of standard versions and planning in case, the organization of investigation and interaction of the investigator with operational divisions and the public, use of special knowledge, forensic means and methods, specifics of carrying out separate investigative (search) actions in order to identify the circumstances that contribute to the commission of crimes and prevent new robberies. In order to improve the quality of the investigation of criminal cases of this category, a set of applied tasks is identified and ways to implement them are proposed.

The article deals with the problems of ensuring the rights, freedoms and legitimate interests of participants in criminal proceedings when using technical means.
The need for a scientific analysis of procedural guarantees at the stage of criminal proceedings is due to the fact that criminal proceedings are most closely associated with the restriction of the constitutional human rights to freedom and personal inviolability, the inviolability of the home or other property of a person, the secrecy of his correspondence, telephone conversations, telegraph and other correspondence, non-interference in personal and family life and the like.
Scientific analysis of the totality of guarantees of individual rights and freedoms in the field of using technical means in criminal proceedings should be aimed at improving the scientific vision of the existing system of procedural guarantees in general and providing practical recommendations for improving the current criminal procedural legislation.
Formulation of proposals to improve the current regulatory framework should be implemented on the basis of a detailed analysis of the current legislation on the use of technical means in criminal proceedings by identifying the main problem points associated with the imperfection of the provisions of the Criminal Procedure Code of Ukraine and other laws and regulations.

The article examines the historical aspects of the origin and development of domestic violence. The peculiarities of domestic violence at different stages of development of our state are analyzed.

The article analyzes the national criminal procedural legislation on the definition of procedural deadlines as a guarantee of respect for the right to liberty and security of person during criminal proceedings. It is determined that criminal procedural guarantees should be understood as a system of legal means and methods that ensure the implementation of procedural rights and performance of procedural duties by participants in criminal proceedings. It was argued that the pre-trial investigation clearly defined the time limits for the duration of precautionary measures restricting a person’s constitutional right to liberty and security, which maximally enforced this right in criminal proceedings, protecting persons from excessive, unacceptable coercion. The author proved that it is necessary to amend Part 3 of Article 315 and Part 3 of Article 331 of the CPC of Ukraine.

The article considers certain provisions of the Law of Ukraine «On Advocacy», which relate to the staff of the Bar, which is proposed to be perceived as the staff of the Bar of Ukraine. It is emphasized that in the current conditions of formation and development of market relations in Ukraine, the implementation of a complex of complicated interrelated social, economic and political changes, significantly increases the importance of the human factor and its effective use throughout the country and within a single organization, which is also the National Bar Association of Ukraine.
Human, as a person, has become the most important resource of any organization. The effi ciency of the whole organization, its competitiveness depends on how a person has managed to perform the duties, improve a professional level, use the latest technologies.
The most important in the activity of the Bar of Ukraine is the staff, its composition and condition, cohesion, discipline, professional level, ability to develop – as these are the main conditions for the effectiveness of the National Bar Association of Ukraine as a human rights organization.
Ukraine has chosen European integration as a direction of development, signing the Association Agreement with the European Union at the 27th of June, 2014, thus committing itself to bringing its own legal and political system in line with the requirements of the Council of Europe and the EU.
The introduction of standards of European democracy, the development of civil society, the development of the rule of law cause profound changes in all spheres of public life.
The National Bar Association of Ukraine must address a number of new areas of activity and further development, due to the aggravation of the criminal situation, a number of external and internal threats, deterioration in recent years of socio-economic indicators in the country.
In the Law of Ukraine «On Advocacy» it is stipulated that a lawyer is obliged to improve his professional level, but neither the law nor other regulations regulate the ability of lawyers to improve their skills, and how a lawyer should do it, and in what timeframe.
The above mentioned law determines the need for two years of practical experience as a lawyer’s assistant or in another position, which provides for higher legal education. Theoretically, training is determined by establishing the appropriateness of the relevant specialization when passing qualifying exams.
However, the lawyer needs to develop consistently, as the legislation is constantly changing, bylaws are adopted, public administration is regulated not only by updating the legal framework, but also by creating new authorities, management, associations of citizens, establishing new relations.
In this regard, there is a need to develop scientific principles to improve the professionalism of lawyers, which will reveal their hidden potential, expand their knowledge, increase human potential, strengthen relations, provide more effective protection of human rights and freedoms, legitimate interests of state and society.
The relevance of the professional development of lawyers is an urgent presence, but in order to specify and clearly target the relevant measures to improve the skills of lawyers, it is necessary to define the concept that describes the entire staff of the legal system of Ukraine in a best way.

The article states that, looking at the history of the development of real estate legislation, we see that in the 20s and 50s of the twentieth century, the legislation of the Union of Soviet Socialist Republics, did not include the division of property into movable and immovable. Thus, the Civil Code of the Azerbaijan SSR, adopted on June 16, 1923 after the establishment of the Soviet power in Azerbaijan, does not contain the terms movable thing or movable property, nor immovable thing and immovable property. However, the abovementioned Code and other normative legal acts adopted at that time, including the Constitution of the Azerbaijan Soviet Socialist Republic of March 14, 1937, reflected issues related to certain types of real estate (land, residential areas, etc.).

The article examines the limits that determine the level of publicity of public individual.
It seems that the definition of the content of the concept of a public individual may vary depending on the performance of certain functions, in particular, the occupation of certain public positions, the performance of public functions or the occupation of a certain place in society, which is due to the implementation of a certain type of activity by such a person, is not related to state interests (public activities, political, singing, acting, etc.).
The content of the concept «breadth of influence» of a public individual on public opinion is analyzed, as well as the content of other categories, the presence of which allows to give the person the status of a public one.
In particular, such as «wide popularity», «infl uence on public opinion», «public interest to the individual» and others. In the final part the author depending on the changes in these conditions proposes to distinguish such categories of public individuals as «conditionally public» and «really public».

Significantly enough, that such an important and historically substantial thing as wheel is widely believed to have been invented by the ancient Mesopotamian people around 4200 – 4000 BC. It appears to have also been invented, independently in China, around 2800 BC.
Johannes Gutenberg, for example, invented the printing machine in 1450, and in 19th century iron components of such machine have been switched to wood details for speeding up the process of typing.
Another one example of how human labour impacts progress is the invention ofJames Watt, the Scottish inventor and chemist, who improved on Thomas Newcomen’s steam engine with his Watt steam engine in 1776, which was fundamental to the changes brought by the Industrial Revolution in both his native Great Britain and the rest of the world. He also patented his invention in 1784.
Thus, we should assert on that human ingenuity is the main engine of progress of the world and society. Without a human’s creativity and will to develop conditions of living and work, there wouldn’t be as large numbers of inventions as they are.
To date, the intellectual labour of people is under the protection of strict international legislation and it can’t be otherwise if the world looks forward to the new inventions and improvements made by people. So, for obtaining of new developments and works of art, countries have to set strict and effective rules of law to their domestic legislation to protect copyright of people who have already invented new things and who are going to do such.
Owing to the foresight of countries’ governments have been carrying and continue to carry about the juridical regulation of copyright in the international area and targeted work of international organizations such as WIPO, the European Union, countries may provide adequate degree for copyright protection for their citizens as well as copyrights are internationally protected at an appropriate level.
There is no doubt that when people know their rights are protected by the law, they have more potential and willing for creating new things. Accordingly, the strong protection of copyright gives a sense of care by a state for people, and thus they can feel comfortable when working on new inventions or works.
The problem of establishment of international legislation on the copyright protection is that the majority of countries, as developed countries, have been working on development of their copyright legislation for years, thus they can provide the necessary protection of copyright for all works of art for everybody on their territories as it requires international conventions and treaties, and on the other hand, developing countries, so far they have a weak level of protection of human rights, not to speak of copyright protection. Therefore, the problem also concerns the necessity to establish strong rules of domestic law which are consistent with international copyright law.
The purpose of the article is to analyse the international legislation, such as conventions and international treaties, to define the legal protection and the legal regime for copyright. Such analysis will provide much more understanding of internationally established rules of law, intended for keeping property and nonproperty rights of author secure.
Also, this article will come in handy for people who have a lack of awareness on how copyright law functions. When they obtain and reflect on this information, they will eliminate legal nihilism and make a new way of relation to copyright. Thus, the number of copyright violations could be distinctly lower.
Among the scholars who investigate the issue of international rules of law, directed on the copyright protection, the following can be distinguished: Lionel Bently, Thomas Dreier, Jane Ginsburg, David Nimmer, Paul Goldstein, P Bernt Hugenholtz, Goryan Yegor, Goryan Kristina, Krivolapov Bohdan and other.
Ukrainian scholars such as Kodinecz’ Anatoli’j, Shtefan Anna, Grigor’yancz Galina, Khodaki’vs’kij Yevgen, Yakobchuk Valentina, Litvinchuk I’rina, Yakobchuk Valentina deserve special attention for their scientific contribution into the development of international copyright law.

The article, by analyzing scientific views on the classification of economic and procedural liability, formulates certain types and methods of classification, determines that issues of economic and procedural liability have common features of legal liability, and have specific features that distinguish it from other types of liability. It is determined that economic procedural responsibility has the form of negative responsibility, when a person is subject to procedural responsibility (in the form of procedural coercion) for an offense, which is provided by economic procedural legislation. It is analyzed that the set of actions of participants in commercial proceedings and other persons present in the courtroom, violating public order and impeding the normal conduct of court proceedings, as well as failure to follow the instructions of the presiding judge to ensure proper order in court are grounds for coercive measures.