Expert: paradigm of law and public administration

COMPARATIVE ANALYSIS OF THE CREATION, CURRENT STRUCTURE, POWERS AND ACTIVITIES OF THE PROSECUTION OFFICES OF THE REPUBLIC OF AZERBAIJAN AND UKRAINE IN THE SPHERE OF PROTECTION OF THE RIGHTS AND FREEDOMS OF CITIZENS

2025-02-20T09:30:47+02:00

The scientific article highlights the historical stages of the emergence of the prosecutor’s office in the Republic of Azerbaijan and in Ukraine. It is established that in the Russian Empire, both the Prosecutor’s Office of Azerbaijan and the Prosecutor’s Office of Ukraine were built according to the same model. They were subordinate to the Prosecutor General of the Russian Empire and played the role of extras in resolving cases. After the revolution of 1917 and the liquidation of the Russian Empire, both in Ukraine and in the Russian Empire, an attempt was made to create their own prosecutor’s office system, but both Ukraine and the Republic of Azerbaijan were occupied by Russian troops and the general system of the prosecutor’s office of the Soviet Union was imposed on them. Only after the collapse of the Soviet Union at the end of the twentieth century was the attempt to create national prosecutor’s offices in both states successful. Today, the prosecutor’s offices of Ukraine and the Republic of Azerbaijan were created in accordance with the Constitutions of Ukraine and the Republic of Azerbaijan and have certain features in their activities to protect the rights and freedoms of individuals and legal entities. Regarding the structure of the prosecutor’s office of Ukraine and the Republic of Azerbaijan, certain differences are observed. In the Republic of Azerbaijan, a military prosecutor’s office functions in the general system of the prosecutor’s office. It was established immediately after the collapse of the Soviet Union in connection with the war of the Republic of Azerbaijan with Armenia. In Ukraine, even after the attack of the Russian Federation, a military prosecutor’s office has not been established to this day. As for the structure of the prosecutor’s office, it does not have any special differences. There is a central apparatus and territorial units that are subordinate to the central apparatus. There are also some differences in the system of powers of the prosecutor’s office of Ukraine and the Republic of Azerbaijan. In Ukraine, thanks to the new legislation, the prosecutor’s office has become more democratic to some extent. Prosecutors do not influence the activities of enterprises, institutions and organizations in the field of legislative activity, that is, there is no so-called «general supervision», which was introduced back in the Soviet Union. In the Republic of Azerbaijan, the prosecutor’s office still exercises general supervision. The prosecutor’s office in Ukraine is deprived of the right to influence the judicial system. In the Republic of Azerbaijan, prosecutors have the right to file protests against the decisions of judges who suspend the execution of decisions and, accordingly, the case must be considered again.

INSTITUTE OF JURY IN UKRAINE: CURRENT CHALLENGES AND PROSPECTS FOR REFORM

2025-02-20T10:58:32+02:00

The scientific article establishes that the institution of jury in Ukraine is in the stage of transformation and requires significant reform in accordance with international standards of justice. The main challenges facing the functioning of jury trials in Ukraine have been investigated, including: imperfections in the procedure for forming jury lists, low level of legal culture and consciousness of citizens, lack of proper mechanism for material support of jurors, and organizational problems in forming jury compositions. It is substantiated that the effective functioning of the jury institution requires a systematic approach to its reform, including improvement of the legislative framework, introduction of educational programs for jurors, creation of a unified electronic system for forming jury lists, and development of mechanisms for protecting the rights and guarantees of jury activities. The necessity of expanding the categories of cases considered with jury participation and introducing the classical model of jury trial has been established. It was concluded that the reform of the jury institution should take place taking into account international experience, especially the practices of the USA and Great Britain, where this institution functions most effectively, and the national peculiarities of the Ukrainian legal system. It was determined that the key areas of reform should be: improving the jury selection procedure through the creation of a unified electronic system for forming lists and establishing clear selection criteria; increasing their level of legal education through the introduction of special training programs and workshops; strengthening guarantees of independence through the establishment of additional mechanisms of protection against illegal influence and pressure; ensuring proper material and technical support for their activities, including adequate remuneration and compensation for expenses related to performing jury duties; creating an effective mechanism for interaction between jurors and professional judges, which provides for a clear distribution of powers and an established system of communication. Such comprehensive reform will contribute to increasing the effectiveness of jury trials as an important institution of democratic society and ensure its compliance with international standards of justice administration.

TACTICS OF INSPECTING THE SCENE OF AN INCIDENT IN THE INVESTIGATION OF A TERRORIST ACT

2025-02-20T11:02:24+02:00

The purpose of the article is to study the tactics of conducting a crime scene examination after a terrorist act, to identify the main stages and principles of this work and to find out how to ensure maximum efficiency of this process. After all, examination of the scene is one of the most important stages in the investigation of this type of offense. Therefore, the correct tactics of its conduct are the basis for effective investigation of terrorist acts. Today, terrorism is one of the most pressing and complex issues facing the modern world. Terrorist acts have a devastating impact not only on the security and stability of states, but also on the moral and psychological state of every member of society, undermine trust in government institutions and increase the level of tension on a global scale. Investigating terrorist acts is one of the most complex and important components of the fight against terrorism. After a terrorist attack, it will be necessary not only to identify and detain the perpetrators, but also to eliminate the causes that led to the attack in order to further prevent new crimes and protect public safety. The research article highlights various aspects of conducting a crime scene investigation, namely, the specifics of the work of specialists from various fields that must be involved for a high-quality and detailed examination. The author also discusses tactical methods of investigative actions, ethical and legal issues that arise during the investigation, and coordination between different services. Research methods: in the course of the work, general scientific methods were used, namely: the method of observation, the method of comparison, the method of description, with the help of which the research material was fixed and transmitted. Special legal method – legal assessment of veils, identification of trends and patterns of legal practice. Results. This article focuses on clarifying the concept of terrorism as one of the most pressing problems of our time, as well as countering this negative offense in the world. The author analyzes the international means and institutions of combating terrorism with a view to creating a general system of countering terrorism. The tactics of conducting certain investigative actions, namely, inspection of the scene of a terrorist act, are considered. Discussion. The author analyzes the difficulties of conducting a crime scene investigation after a terrorist act, as it is a complex and multifaceted process that requires high professional training, careful planning and coordination between different services. On the one hand, it is necessary to collect all possible evidence for the investigation, and on the other hand, to ensure the safety of victims, rescuers and law enforcement officers working at the scene.

THE RULE OF LAW IS THE FUNDAMENTAL PRINCIPLE OF PRIVATE PROCEDURAL LEGAL RELATIONS

2025-02-20T11:05:58+02:00

The principle of the rule of law is established in the norms of public and private law and occupies one of the main places among other principles. The rule of law is a principle that encompasses the highest human values and rights, which are enshrined in the Constitution of Ukraine and defines a person as superior to the state. The main purpose of the rule of law is the establishment of an order, which by its very nature is designed to limit the influence of the state, implements the limitation of the state, primarily by society, and creates the appropriate legal mechanisms. The interpretation and mechanism of legal application of the principle of the rule of law is carried out by the Constitutional Court of Ukraine and by the courts of general jurisdiction. The Constitutional Court of Ukraine determines that compliance with the principle of the rule of law is a legally determined regulation of social relations based on the principles of justice and proportionality, taking into account the state's obligation to provide decent living conditions for every citizen of Ukraine. The principle of the rule of law has a preventive function, namely that the participants of the relevant legal relationship have the opportunity to foresee the consequences of their actions and be confident in their legitimate expectations that the right acquired by them on the basis of current legislation, its content and scope will be implemented by them. The principle of the rule of law in procedural legal relations interacts with the principle of legality and their main purpose is to ensure compliance with the task of the judiciary and is enshrined in the norms of national procedural legislation. The principle of the rule of law was considered by the European Commission "For Democracy through Law" (Venice Commission), as well as enshrined in the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights. The principle of the rule of law gives rise to and is based on the principle of legality. The principle of the rule of law is designed to protect the rights and freedoms of participants in legal relations.

CONCEPT, COMPOSITION AND QUALIFYING SIGNS OF ADMINISTRATIVE OFFENSE IN TAXATION

2025-02-20T11:09:25+02:00

The article analyzes the concept, composition and qualifying features of an administrative offense in the field of taxation. The methodological basis of the study was the comparative method and the method of interdisciplinary approach. It was determined that taxes are the main source of state income and provide financing for important areas of citizens’ lives, such as education, health care, infrastructure and defense in the system of public administration of the tax sphere, that is why an important aspect is ensuring the application of state coercion measures for offenses in this area. It is highlighted that the legislation currently provides for various types of legal responsibility, among which, in particular, administrative responsibility occupies one of the important places. Administrative responsibility for violation of tax legislation not only punishes the offender, but also aims to prevent future offenses. It acts as a preventive means of a coercive nature, creating conditions for compliance with tax legislation. The basis for administrative liability for violation of tax legislation is the presence of the composition of an administrative offense. The elements of an administrative offense are characterized. It was determined that the object of a tax offense is social relations regulated by the norms of administrative and tax law, which, as a result of action or inaction, cause damage or loss. The objective side is a set of mandatory and optional features defined by the relevant legal norm.The subject of a tax offense is a person who has committed a violation of tax legislation and who, according to the current legislation, can be prosecuted, and the subjective side is the internal side of the act, which reflects the intentions and motives of the person who committed the offense. It was determined that, depending on whether the consequences of the committed offense are taken into account when bringing a person to justice for violating tax legislation, offenses are divided into material and formal.

PSYCHOLOGICAL CHARACTERISTICS OF MASS EVENTS AND THEIR STUDY IN ORDER TO PREVENT THE TRANSFORMATION OF MASS EVENTS INTO MASS RIOTS

2025-02-20T11:12:41+02:00

The scientific article established that mass events are currently a rather important aspect of the social life of Ukraine. At the same time, mass events can develop into mass riots, which negatively affect the protection of public order and public safety, as well as peace in the cities where they were held. Thus, it is necessary to develop and apply various forms and methods of countering the transformation should be noted for mass riots. The article substantiates and analyzes a number of theoretical and practical sources regarding the prevention of mass riots, which were developed by researchers. At the same time, it was noted that in the process of developing forms and methods of preventing the development of mass events into mass riots, aspects were considered only from the point of view of law enforcement agencies. Therefore, it is necessary to take into account the opinions of psychologists, sociologists, economists and other fields of knowledge that influence mass events. It is substantiated that the psychological characteristics of the participants of mass events have certain overlaps, however, in each specific case, it is necessary to take into account various factors that can lead to the development of mass events into mass riots. It was concluded that each mass event is to some extent unique, but the issue of psychological protection against the development of mass events into mass riots can be developed in general, and therefore the directions of such development should become a priority for scientists in the field of law enforcement. When considering the issue of the development of mass events into mass riots, it is necessary to take into account the psychology of such a crowd, because it has been proven that a person who is in a crowd in the vast majority dissolves as an individual and under the influence of the crowd can perform actions that he would not have performed outside the crowd. Therefore, a classification of crowds is also proposed, which would help in solving the problem of the development of a mass event into mass riots.

LEGAL REFORM OF CYBER PROTECTION

2025-02-20T11:15:56+02:00

Cybersecurity and the fight against cybercrime in the conditions of integration processes constantly require systemic changes in means and methods in regulation and implementation of the latest legal and high-tech solutions. The foreign experience of the functioning of the system of legal regulation of the fight against cybercrime for our country is due to the aggravation of the situation with the increase in the volume of criminal activity in cybernets and the slow state-level advanced development in this field. The scale of the Internet indicates the absence of local functioning of certain elements of cybercrime within the state or region, therefore, in any case, national legislation must meet the generally recognized global standards in this area for the possibility of appropriate international cooperation. In addition, the process of formation or establishment of a system of legal regulation of combating cybercrime is impossible without taking into account the mistakes and achievements made during the formation of the concept of confrontation in individual countries. The further development of the cyberspace protection system of Ukraine against cyber-attacks depends on the level of interaction of interested parties: the state, citizens, scientific and technical systems, private enterprises and consists in the development of the latest information and communication technologies, the legislative and regulatory framework, and the system of training the population in the safe use of cyberspace. Currently, a new relevant concept is used – «cyber war», which indicates the global pirate use of the Internet, technical and informational means by any aggressor country, which aims to harm the economic, political, technical, military and informational security and sovereignty of any – which country The assessment of regulatory and legal aspects of ensuring information security as a component of Ukraine’s national security raises concerns about the level of security of its national interests in the information sphere, and provides for priority measures in the regulatory and legal regulation of the law-making process in the field of countering cyber threats.