scholarly journals The Current Status of Administrative and Legal Regulation of the Activities of Specially Authorized Entities in the Field of Combating Corruption in Ukraine

2020 ◽  
Vol 90 (3) ◽  
pp. 177-186
Author(s):  
В. І. Стреляний
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Current Status ◽  
Public Agencies ◽  
Public Authorities ◽  
Police Agencies ◽  
The Status ◽  
The Law ◽  
National Police

The author has revealed the content of the term of “specially authorized entities in the field of combating corruption” contained in Part 1 of the Art. 1 of the Law of Ukraine “On Prevention of Corruption”. By analyzing the current administrative legislation of Ukraine, the range of public authorities that fall under this concept has been identified. Based on the classification of public authorities existing in administrative science, which are divided into agencies of general and special competence, the author has provided recommendations to improve the list of those public agencies that have the status of specially authorized entities in the field of combating corruption. According to the results of the study, the author has formulated an exhaustive list of specially authorized entities in the field of combating corruption in Ukraine, has provided propositions to improve the provisions of the Law of Ukraine “On Prevention of Corruption” and the Law of Ukraine “On Prosecutor’s Office” in regard to the administrative and legal status of the Specialized Anti-Corruption Prosecutor’s Office. The author has offered to amend Part 1 of the Art. 7 of the Law of Ukraine “On the Prosecutor’s Office”, supplementing it with the word “agencies” after the word “system” and before the word “prosecutor’s office”. Thus, this norm will look like this: “the system of agencies of prosecutor’s offices will consist of: 1) Attorney General’s Office; 2) prosecutor’s offices in oblasts; 3) regional prosecutor’s offices; 4) Specialized Anti-Corruption Prosecutor’s Office. It has been established that only the Specialized Anti-Corruption Prosecutor’s Office can be recognized as a specially authorized entity in the field of combating corruption among the existing prosecutor’s offices. In this regard, the application of the term of “agencies of prosecutor’s office” in Part 1 of the Art. 1 of the Law of Ukraine “On Prevention of Corruption” is not grounded and leads to a false expansion of the range of anti-corruption entities. In practice, this may lead to an ambiguous interpretation of this legal norm. In this regard, the author has offered to specify the range of prosecutorial agencies that are specially authorized entities in the field of counteraction by replacing the phrase “agencies of prosecutor’s office” with the phrase “Specialized Anti-Corruption Prosecutor’s Office”. It has been determined that either the National Police of Ukraine or its separate agencies are not specially authorized entities in the field of combating corruption. In this regard, it has been offered to amend Part 1 of the Art. 1 of the Law of Ukraine “On Prevention of Corruption” by replacing the phrase “National Police” with the phrase “National Police Units”. Thus, those structural subdivisions of the National Police agencies that exercise competence in the field of combating corruption may be recognized as specially authorized entities in the field of anti-corruption.

scholarly journals The Agencies of the National Police of Ukraine as a Subject of Prevention and Counteraction to Corruption in Ukraine

2019 ◽  
Vol 72 (1) ◽  
pp. 72-77
Author(s):  
V. B. Pchelin
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Legal Principles ◽  
Legal Structure ◽  
Police Agencies ◽  
The Status ◽  
Internal Relations ◽  
The Subject ◽  
National Police ◽  
Police Activity

The author of the article has studied the legal status of the agencies of the National Police of Ukraine as a subject of prevention and counteraction to corruption. On the basis of the analysis of the current Ukrainian legislation, as well as professional scientific sources, it has been established that the status of such a subject is defined either as “the subject of preventing corruption” or as “the subject of counteracting to corruption”, which does not quite accurately reflect the essence of the activities of the police in this direction. The author has carried out a comparison of legislation defining the legal principles for anti-corruption activities in general, as well as the principles of the police activity of Ukraine as a subject of prevention and counteraction to corruption in particular. As an example of the activities of the National Police of Ukraine as a subject of prevention and counteraction to corruption, the author has provided fundamental differences between the categories of “prevention of corruption” and “counteraction to corruption”. The expediency of using a single legal structure “the subject of prevention and counteraction to corruption” has been substantiated. In this regard, it has been emphasized that the activities of the National Police of Ukraine on preventing and counteracting to corruption are the only, integral area of the implementation of its powers. It has been clarified that the agencies of the National Police of Ukraine, acting as a subject of prevention and counteraction to corruption, realize their powers both in internal relations and externally. Due to the analysis of procedural legislation, the author has established the types of corrupt and corruption-related offenses, which should be addressed by the agencies of the National Police as a subject of prevention and counteraction to corruption. The author’s vision of the essence of the agencies of the National Police of Ukraine as a subject of prevention and counteraction to corruption has been presented. The author has determined some shortcomings of the legal regulation of the legal status of the National Police agencies as a subject of prevention and counteraction to corruption. The ways of solving such shortcomings have been offered.

scholarly journals Legal Regulation of the Status of Subjects of Special Competence in Relation to Public Administration in the Sphere of Intellectual Property in Ukraine

2021 ◽  
Vol 9 (2) ◽  
pp. 221-236
Author(s):  
Yevhen Leheza ◽  
Yuriy Deliya ◽  
Eduard Ryzhkov ◽  
Serhii Albul ◽  
Oleksandr Shamara
Keyword(s):  
Intellectual Property ◽  
Public Administration ◽  
Legal Status ◽  
Legal Regulation ◽  
Documentary Sources ◽  
Domestic Legislation ◽  
The Status ◽  
Special Competence

Relevant issues of the administrative and legal status of subjects of special competence in relation to public administration in the field of intellectual property are considered. Main  content. A circle of specified subjects in the system of subjects of public administration is determined. The role of subjects of special competence in the fulfilment of tasks of public administration in the sphere of intellectual property is identified. Classification of subjects of special competence regarding public administration in this field is presented. Features of the administrative or legal status of each group of subjects of special competence in relation to public administration in the field of intellectual property are analyzed. Specifics of the influence of these subjects on legal relations arising in the sphere of intellectual property are characterized. Materials and methods research based on the analysis of documentary sources. the  basis  is  the  dialectical  method  of  cognition  of  the  facts  of  social  reality,  on  which  the  formal legal and comparative legal approaches are largely based. Conclusions are drawn about the place of subjects of special competence in relation to public administration in the field of intellectual property among other subjects. Proposals on the necessity to improve current domestic legislation in the sphere of intellectual property are formulated.Keywords: Public administration; Intellectual property; Legal regulation; Relation; Sphere; Subjects of special competence Peraturan hukum status subjek kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual di Ukraina  Abstrak.Masalah yang relevan dari status administrasi dan hukum mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual dipertimbangkan. Isi utama. Lingkaran mata pelajaran tertentu dalam sistem mata pelajaran administrasi publik ditentukan. Peran mata pelajaran kompetensi khusus dalam pemenuhan tugas administrasi publik di bidang kekayaan intelektual diidentifikasi. Klasifikasi mata pelajaran kompetensi khusus tentang administrasi publik di bidang ini disajikan. Fitur status administrasi atau hukum dari setiap kelompok mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual dianalisis. Spesifik pengaruh subjek ini pada hubungan hukum yang timbul di bidang kekayaan intelektual dicirikan. Bahan dan metode penelitian berdasarkan analisis sumber dokumenter. Basisnya adalah metode kognisi dialektis atas fakta-fakta realitas sosial, yang menjadi dasar sebagian besar pendekatan hukum formal dan hukum komparatif. Kesimpulan diambil tentang tempat mata pelajaran kompetensi khusus dalam kaitannya dengan administrasi publik di bidang kekayaan intelektual antara mata pelajaran lainnya. Proposal tentang perlunya meningkatkan undang-undang domestik saat ini di bidang kekayaan intelektual dirumuskan.Kata kunci: Administrasi publik, Kekayaan intelektual, Regulasi hukum, Hubungan, Lingkungan, Mata pelajaran kompetensi khusus Правовое регулирование статуса субъектов особой компетенции в отношении государственного управления в сфере интеллектуальной собственности в УкраинеАннотация Рассмотрены актуальные вопросы административно-правового статуса субъектов особой компетенции применительно к государственному управлению в сфере интеллектуальной собственности. Основное содержание. Определен круг указанных субъектов в системе субъектов государственного управления. Выявлена роль субъектов специальной компетенции в выполнении задач государственного управления в сфере интеллектуальной собственности. Представлена классификация предметов особой компетенции государственного управления в этой области. Анализируются особенности административно-правового статуса каждой группы субъектов особой компетенции применительно к государственному управлению в сфере интеллектуальной собственности. Охарактеризована специфика влияния этих субъектов на правоотношения, возникающие в сфере интеллектуальной собственности. Материалы и методы исследования на основе анализа документальных источников. в основе лежит диалектический метод познания фактов социальной действительности, на котором в значительной степени базируются формально-правовой и сравнительно-правовой подходы. Сделаны выводы о месте субъектов особой компетенции по отношению к государственному управлению в сфере интеллектуальной собственности среди других субъектов. Сформулированы предложения о необходимости совершенствования действующего украинского законодательства в области интеллектуальной собственности.Ключевые слова: Государственное управление, Интеллектуальная собственность, Правовое регулирование, Отношения, Сфера, Субъекты особой компетенции.

scholarly journals The place and role of official observers from foreign states and international organizations in elections: the experience of Ukraine and foreign countries

2021 ◽  
pp. 70-82
Author(s):  
O.V. Martselyak ◽  
M.O. Martselyak
Keyword(s):  
International Organizations ◽  
Legal Status ◽  
Legal Regulation ◽  
Electoral Process ◽  
Public Authorities ◽  
Foreign Countries ◽  
Election Process ◽  
Election Monitoring ◽  
The Status ◽  
State And Local

The article states that formation of representative state and local self-governmental authorities is an important stage of state formation. And the legitimacy of both their conduct and the representative public authorities in Ukraine depends on the extent to which it will be carried out within the framework of the election legislation and the extent to which the domestic legislator will provide anti-fraud factors and safeguards against mass violations of various elections.             National and foreign practice proves that the institution of election monitoring that is represented by various observers who contribute to the conduct of election campaigns on a democratic basis in accordance with the electoral standards developed by the international community, is rather effective in this respect.             In Ukraine, the status of official observers is granted to: 1) official observers from candidates, parties (organizations of parties) - subjects of the election process, 2) official observers from public organizations which are duly authorized to have official observers in the relevant elections, 3) official observers from foreign states and international organizations who can observe the election process.             The Electoral Code of Ukraine defines the status of official observers differently, in particular, official observers from foreign states and international organizations are not recognized as subjects of the election process. However, this does not diminish their role in monitoring the electoral process in Ukraine by the legality of the actions of its subjects. The introduction of the institution of official observers from foreign states and international organizations is seen as expression of trust between states and as evidence of the intention of these countries and international organizations to contribute to the democratization of the electoral process in the world.              The paper reveals the legal nature of official observers from foreign states and international organizations, highlights the standards of legal status of official observers from foreign states and international organizations developed by international organizations, considers national and foreign experience of legal regulation of their status and substantiates provisions on necessity for improvement of national electoral legislation on this basis.

scholarly journals Activities of Detective Units in the National Police of Ukraine: Current Status and Perspectives

2021 ◽  
Vol 81 (2) ◽  
pp. 149-153
Author(s):  
O. P. Zavorina ◽  
O. V. Fomin
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Current Status ◽  
Professional Activity ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
Private Detective ◽  
Procedural Code ◽  
The Law ◽  
National Police

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.

Constitutional-legal status of the special administrative region of Hong Kong as a territorial autonomy within the People's Republic of China: current trajectories of transformation

2021 ◽  
pp. 120
Author(s):  
Igor V. Irkhin
Keyword(s):  
Hong Kong ◽  
Legal Status ◽  
Financial Economic ◽  
Legal Regulation ◽  
Legal Regime ◽  
Public Authorities ◽  
Republic Of China ◽  
The People ◽  
The Status ◽  
Mass Protest

In this article examines the genesis of the formation and development of Hong Kong as part of the People's Republic of China, analyzes the current constitutional-legal status of the system of public authorities in this region and the problems of legal regulation of their relationship with the authorities of the central of the PRC. Author is concluding that the determining determinants of Hong Kong's qualifications as territorial autonomy are the authentic legal system, financial-economic and international-legal status. Also is emphasized that the model of the constitutional-legal regulation of the status of Hong Kong is characterized by a "creeping" bifurcation of formal and actual approaches to interpreting the area of competence of this region, which led to mass protest actions (2019 - 2020), partly inspired by the reactions of some foreign actors. In final of article author is formulated thesis on the convergence of the constitutional-legal regime of territorial autonomy with the principles of state unity and territorial integrity.

scholarly journals Peculiarities of administrative and legal status of subjects of disciplinary proceeding in the bodies of the National Police of Ukraine

2018 ◽  
pp. 50-59
Author(s):  
Nadiia Medvedenko
Keyword(s):  
Police Officer ◽  
Legal Status ◽  
Legal Provision ◽  
The Status ◽  
Scientific Opinion ◽  
The Subject ◽  
National Police

The article analyzes regulatory and legal sources that regulate disciplinary liability and disciplinary proceedings in the bodies of the National Police of Ukraine, as well as scientific opinion on the administrative and legal status of subjects of disciplinary proceedings in the bodies of the National Police of Ukraine. For disciplinary proceedings, as well as for other types of proceedings, the presence of a certain circle of persons who are its participants – subjects of disciplinary proceedings, and have a definite legal status is characteristic. And the peculiarities of the legal status of the police officer, determine the peculiarities of the status of the subject of disciplinary proceedings in the bodies of the National Police of Ukraine. As a result of the study of the content of the normative legal provision of disciplinary responsibility and scientific works on this topic, the classification of subjects of disciplinary proceedings in the bodies of the National Police of Ukraine was carried out and their legal status was considered. It is noted that for subjects of disciplinary proceedings characterized by a combination of different functions during the proceedings. Thus, the manager who appointed an official investigation may be the subject of initiation or an auxiliary entity. Or the subject of initiation maybe come the subject, which directly conducts official investigation. Therefore, it is not always possible to clearly distinguish subjects of disciplinary proceedings in their functions by combining and combining these functions. The legal status is determined by law only for a separate circle of subjects: the chief who appoints an official investigation, the executive (heads, members of the commission) conducting an official investigation, and, in part, the person in respect of which the official investigation is conducted (lack of legal consolidation of his duties, which may hinder the qualitative and objective conduct of a business investigation). The legal status of other subjects of disciplinary proceedings remains uncertain and needs to be established.

scholarly journals Legal Clinics as an Important Element of Human Right for Free Legal Aid

2019 ◽  
Vol 8 ◽  
pp. 169-186
Author(s):  
Serhii Kivalov
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Ministry Of Education ◽  
Legal Aid ◽  
Human Right ◽  
Legal Advice ◽  
Social Tasks ◽  
The Status ◽  
The Law ◽  
Constitutional Right

Nowadays, legal clinics exist in almost every country in the world. The article examines the legal status of legal clinics in Ukraine to properly ensure the human right to legal aid. The author emphasizes that legal clinics are an important element of the legal aid institute. Accordingly, there is an urgent need to regulate the legal status of legal clinics, since in this way the state fulfills its obligation to guarantee the constitutional right of every person to receive legal aid. Even though legal clinics perform important social tasks, regulatory regulation of their activity is carried out only at the level of acts of the Ministry of Education and Science of Ukraine. All attempts to consolidate the legal status of legal clinics at the level of the law—for example, the Law “On Free Legal Aid” of June 2, 2011—remain unrealized. The author states that the issue of improving the legal regulation of relations involving legal clinics should be resolved in the near future. Moreover, the Verkhovna Rada (Ukrainain Parlament) has recently started reforming its legislation in the field of advocacy. Therefore, there is a chance that the discriminatory norm of the Constitution regarding the lawyer’s monopoly on representation in court will be abolished. Thus, this will open the way to improving the status of legal clinics, as employees of such institutions will have the opportunity, in addition to legal advice, to represent their clients in court.

scholarly journals SYSTEM AND POWERS OF BODIES IMPLEMENTING ADMINISTRATIVE AND LEGAL REGULATION OF NATURAL MONOPOLIES

2019 ◽  
pp. 83-88
Author(s):  
R.I. Raimov
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Coal Industry ◽  
State Regulation ◽  
Natural Monopoly ◽  
National Commission ◽  
Main Attention ◽  
Structural Units ◽  
Public Authorities ◽  
The Status

The article is devoted to the problem of defining the system and powers of state bodies that carry out administrative and legal regulation of the activity of subjects of natural monopolies. The main attention is paid to the analysis of the legislation of Ukraine and the practice of its application. Changes in the status of these state bodies during their formation, which were carried out by different legal acts in different fields of law and various spheres, are investigated. The author has analyzed the authorizations on the implementation of the administrative and legal regulation of natural monopolies in the field of energy and utilities and the legal status of local state administrations, the Antimonopoly Committee, the Ministry of Energy and Coal Industry, the national commissions for the regulation of natural monopolies, the National Commission for the state regulation of the energy and utility sectors services. It is established that, in addition to the national commissions for the regulation of natural monopolies, the National Commission for State Regulation in the Spheres of Energy and Public Utilities implements state regulation in areas adjacent to and/or identical to natural monopolies. It is determined that the relevant state bodies, which carry out administrative and legal regulation of the activities of the subjects of natural monopolies, are empowered to form their own branched system forming structure, which is able to exist in parallel and independently of other branches of government. The powers of state bodies that carry out the administrative and legal regulation of the activities of natural monopoly entities are enshrined in both laws and by-laws. A study of these powers has shown that each public authority has specific rights and responsibilities. The creation of structural units in each case occurs in fundamentally different approaches. Some public authorities have more independent status than others. A number of conflicts of law and potentially unconstitutional provisions have been identified. Particular attention is paid to the ratio of powers of different state bodies. Keywords: natural monopolies, state bodies, administrative law, regulation.

scholarly journals Legal Status of the Accounting Chamber of Ukraine: Current State and Perspectives of Development

2021 ◽  
Vol 81 (2) ◽  
pp. 130-135
Author(s):  
L. V. Borets ◽  
Ya. O. Arbych
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
International Standards ◽  
State Agency ◽  
Financial Control ◽  
Control Functions ◽  
The Status ◽  
Financial Audit ◽  
The Law ◽  
High Level

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.

scholarly journals REGULATORY FRAMEWORK OF INFORMATION SECURITY OF THE NATIONAL POLICE OF UKRAINE

2020 ◽  
Vol 1 (4(106)) ◽  
pp. 117-124
Author(s):  
Е. Ю. Никулин
Keyword(s):  
Civil Rights ◽  
Information Security ◽  
Public Relations ◽  
Legal Status ◽  
Specific Area ◽  
Legal Regulation ◽  
Information Protection ◽  
Telecommunication Systems ◽  
The Law ◽  
National Police

The relevance of the article lies in the fact that legal regulation is an important area in ensuring the information security of the bodies of the National Police of Ukraine. It is it that secures the legal status of the departmental information space, the legal status of the subjects of information legal relations and makes it possible to lawfully apply various forms and methods of ensuring information security in the police. Inappropriate legal regulation, which contains gaps and conflicts, violates human and civil rights and freedoms, or has an ambiguous interpretation - leads to problems in the law enforcement sphere. The article displays the main legal acts regulating the formation and use of information and databases in the bodies of the National Police of Ukraine. The emphasis is placed on domestic sources of legal regulation, which have been qualified and characterized by legal force. It was found that the Law of Ukraine "On Information Protection in Information and Telecommunication Systems" regulates relations in the field of information protection in information, telecommunication and information and telecommunication systems. The law clearly defines that the objects of protection in the system are the information processed in it, and the software that is designed to process this information. It was determined that by-laws and regulations are aimed at detailing certain provisions of the Constitution and laws of Ukraine. They have a substantive direction and regulate a specific area of public relations or the direction of work of government bodies. To ensure the information security of the National Police, they play a key role, since they act as a mechanism for the implementation of legislative requirements. Here it is important to emphasize the importance of quality control over the departmental rule-making of public authorities in order to prevent the adoption of provisions that may contradict each other or even legislative acts.

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