ON THE QUESTION OF TYPES OF LEGAL LIABILITY IN THE CONTEXT OF CHANGING STATEBUILDING PARADIGMS

The article analyses the scientific approaches of scientists to the evolution, essence and features of the concept of �responsibility�, �social responsibility�, �legal responsibility�. It is stated that responsibility is determined by the level of development of public consciousness, the level of social relations, existing social institutions. Liability as a social phenomenon can be manifested both in a positive way � receiving a reward, and in a negative - for committing offences. The classification of responsibility as a social phenomenon depends on the sphere of social activity, in connection with which political, moral, social, legal and other types of responsibility are distinguished. It is theoretically substantiated that legal responsibility differs from other types of social responsibility by formal definition, obligatory observance of legal norms, state control over their execution, application of state coercion to the offender, prevention of offences and protection of law and order. The degree of responsibility in public and private legal relations is determined. Public torts (crime and misdemeanor) are analysed, problematic issues are outlined and suggestions for their improvement are provided. Types of legal liability for committing offences (torts) are considered. Emphasis is placed on the fact that responsibility is a necessary condition for the development and effective functioning of the state, its effectiveness depends on the mechanisms of responsibility to the individual and is determined by the level of social consciousness, the level of social relations, existing social institutions. The key task of accountability is the fair application and inevitability of punishment. Today, the real threat to national security is a theoretically unfounded amendment of the legislation on liability for offenses. Chaotic, unsystematic accumulation of blanket norms in the basic codes, introduction of new definitions and definitions in the legislation on criminal liability, misunderstanding of the essence of disciplinary liability for misdemeanors, creation of new bodies carrying out administrative activities carried out in the field of other state bodies. This has led to real irresponsibility of government officials and vulnerability of citizens from illegal actions of offenders. The Constitution of Ukraine states that a person may be liable only for offences defined by law. The law must be clear and effective. Punishment is just and inevitable. However, the law will be effective only when it will contain all the components of the rule of law: the hypothesis is usually a behaviour; disposition - violation of this rule; sanction - punishment for violation.

INFORMATION AND LEGAL MODEL OF ENSURING ANTI-TERRORISTIC SECURITY IN PLACES OF COMPACT RESIDENCE OF PEOPLE

The article is devoted to the analysis of the problem of ensuring anti-terrorist safety in places of compact residence of people. It is emphasized that the concept of �accommodation�, in the widest sense, covers a number of social processes, each of which, to a certain extent, includes aspects of the provision of anti-terrorist security and organization for this purpose by electronic information interaction of subjects of struggle with terrorism within the state electronic information Resources included in the National Register of Electronic Information Resources. A look at the system for ensuring anti-terrorist safety in places of compact residence of people consisting of static and dynamic subsystems. It is concluded that in the informational and legal sense, the static support of anti-terrorist safety in places of compact accommodation is carried out within the limits of procedures due to: �Accession of the home address� to the territorial community; formation and maintenance of the Register of the Territorial Community; Exchange of information from the registrations of other territorial communities (in accordance with the requirements of the provision of information registration bodies to a single state demographic registry); Inclusion of formed information resources to the National Register of Electronic Information Resources. The conceptual principles of information and legal model for ensuring anti-terrorist security in places of compact residence of people are offered. It is generalized that any anti-terrorist activity in compact accommodation is dependent on the interpretation of the category �Family�, which, in turn, allows you to consider as the main task of ensuring anti-terrorist safety in the places of residence of the person of the transformation of �Family� and social Relations that are available within it, on the source of anti-terrorist safety, including owing to the transformation of the �family� in the environment of information and explanatory work in the field of combating terrorism. Within the general conclusion, an information resource base for ensuring anti-terrorist safety in places of compact residence of people, which consists of information about: 1) the ignition of national, racial or religious hostility, hatred, prize to the commission of terrorist acts, actions that threaten public order, as well as materials promoting racial, national or religious intolerance, discrimination transmitted at its boundaries; 2) illegal behavior of family members transmitted over its boundaries; 3) the rules of the behavior of family members received by third parties by analyzing relations in the family

Legal support of Ukraine in the context of attracting capital by banks in international m

The article provides a theoretical and legal analysis of the legal support of Ukraine in the context of raising capital by banks in international markets. The author determined that the economic crisis in the country is protracted, the capital market in Ukraine remains largely underdeveloped. The state has taken many steps to overcome the economic crisis, identified priority measures, strategic steps to build a sustainable economy, in particular, many efforts have been made to find free funds to attract investment, but this, as practice shows, was not enough. An important step in building a free and competitive state was the adoption of the Association Agreement between Ukraine and the European Community. This document is the largest international legal document in the history of Ukraine and the largest international agreement with a third country ever concluded by the European Union. In accordance with the Program of Integration of Ukraine into the European Union (hereinafter - the Program), approved by the Decree of the President of Ukraine � 1072/2000 of 14.09.2000. Synchronization of internal market transformations of changes in the processes of EU enlargement. First of all, it concerns: reform of executive and judicial bodies and cooperation of the Ministry of Justice of Ukraine with courts; administrative and territorial reform; formation of the foundations of regional development policy (including legislation on the distribution of competencies, budgets, taxes); completion of privatization (primarily enterprises of strategic importance for the economy and security of the state and banks); reforming the banking sector as a whole. Thus, in particular, a developed capital market is usually seen as a competitor in the commercial banking sector, as they compete for retention and investment opportunities. However, in today�s financial system, there are complementary relationships between the capital market and banks, as they choose different segments of the financial markets and focus on different types of customers. In the process of writing the article came to the following conclusions. The right direction in the reform of the economic sector is to determine the measures of state investment support should be preceded by a detailed analysis of the effect of the benefits and preferences previously granted to economic entities. Establish the legislative level the provision that the minimum amount of public investment should be equal to the amount of all new debt, i.e., the amount of borrowings during the year may not exceed the amount of budget expenditures to finance investments. Introduce the practice of developing and implementing investment incentive packages. Introduce a practice in which the decision on new borrowings is preceded by public information on which projects have already been used to finance the funds and for which purposes (projects) new borrowings are envisaged. Establish strict control over debt activities.

CURRENT ISSUES CONCERNING THE ADOPTION OF THE LAW OF UKRAINE �ON PUBLIC GOVERNMENT THROUGH THE ALL-UKRAINIAN REFERENDUM�

This work is a continuation of the article in the previous issue of the journal. Referendums held in foreign countries over the past six months are considered. On the agenda of the referendum in Switzerland on September 27, 2020, five bills were put: on relations with the EU, on amendments to the law �On Hunting�, on the introduction of paid parental leave for parents, on reducing the tax burden on families, with children, on the allocation of credit for the purchase of a new generation of fighters for the needs of the national air force. On October 4, 2020, the people of New Caledonia again voted to remain part of France. More than half of New Zealanders supported the law, which stipulates that terminally ill people will have a chance to euthanize with the consent of two doctors. Regarding the topical issue of the referendum in Ukraine, the President of Ukraine in his video address confirmed his desire to know the views of citizens on various issues. On June 9, 2020, the draft Law of Ukraine �On Democracy through an All-Ukrainian Referendum� was registered under �3612. One of the initiators of the bill is the President of Ukraine. The explanatory note to the bill states that it is designed to regulate legal relations related to the initiation, appointment (proclamation), preparation, conduct, establishment of results and legal consequences of the all-Ukrainian referendum. The draft law provides for the following types of all-Ukrainian referendum: approval of the law on amendments to sections I, III, XIII of the Constitution of Ukraine; solving issues of national importance; change of the territory of Ukraine; repeal of the law of Ukraine or its separate provisions. A key innovation of the bill, which distinguishes it from other bills, is to determine the possibility of introducing electronic procedures during the organization and conduct of an all-Ukrainian referendum, including electronic voting. On October 9, 2020, the European Commission published the conclusions of the Ukrainian bill �3612. She recommended clarifying the connection between the referendum of national initiatives to repeal laws and the referendum on issues of national importance, to extend the period of collecting signatures for referendums. In June, the Verkhovna Rada supported in the first reading the presidential bill on the all-Ukrainian referendum, provided that it needs to be finalized before the second reading for consideration this fall. In the process of working on the bill, the draft laws on the all-Ukrainian referendum registered in the Verkhovna Rada of Ukraine of the eighth and ninth convocations, the relevant legal positions of the Constitutional Court of Ukraine, as well as international standards and recommendations of international institutions were taken into account national level (2001), Referendums: Towards Good Practice in Europe (2005), On the Code of Good Practice on Referendums (2007) and others.

THE INFLUENCE OF THE COVID-19 CORONAVIRUS PANDEMIC ON THE LEGAL REGULATION OF LABOR RELATIONS IN UKRAINE

Features of regulation of labor relations under the influence of measures aimed at preventing the occurrence and spread of coronavirus disease (COVID-19) are revealed. It was emphasized that the problem of regulation of labor relations during quarantine restrictions became especially acute, as it was necessary to amend the legislation in order to reduce the negative impact of the spread of coronavirus COVID-19. A set of both general and special methods of scientific cognition was used to study the problem. The main thing in this system is the general scientific dialectical method, which was used to clarify the new content of the responsibilities of the employer during the pandemic COVID-19, identify the main changes in Ukrainian legislation. Using the formal-logical method, the consequences of quarantine restrictions in the field of employment and ways to overcome them are revealed. On this methodological basis, the collection, processing and analysis of empirical material were carried out. General scientific methods are also used, such as: comparison, generalization, induction, deduction and analysis. In addition, system-structural analysis is used in the analysis of current legislation. Legislative changes are analyzed in order to reduce the negative impact of coronavirus spread. Attention is paid to the consequences of the introduction of quarantine restrictions, which affected the level of economic development of the country, social protection and employment. The economic level of Ukraine is analyzed taking into account the impact of quarantine shock, as a result of which the decline in Ukraine�s gross domestic product in 2020 was highlighted. As a result, there was a sharp reduction in jobs and loss of livelihoods of the working population. The causal links that led to a decline in employment, job cuts and rising unemployment have been identified. The main reasons for the reduction of employees in enterprises due to the difficult economic situation - the loss of a significant part of profits, reducing the number of employees to keep the company, forced sending of workers on unpaid leave, transfer to part-time work. Emphasis is placed on such a phenomenon as hidden unemployment, which is not included in official statistics. This happens when some employers send employees on unpaid long-term leave for the duration of quarantine, others transfer employees from full-time to part-time employment. Forms of hidden unemployment are highlighted. Attention is paid to the impact of quarantine restrictions imposed to prevent the spread of coronavirus disease (COVID-19) on labor migration processes and the trend of behavior of Ukrainian workers. The main reasons for the decline in migration processes, including the closure of borders for entry and exit of foreigners by most European countries, the temporary suspension of enterprises and job losses during the quarantine period, etc. are highlighted. The ways of the decision of the raised questions are offered.

ORGANIZATIONAL AND LEGAL PRINCIPLES OF FUNCTIONING OF UNDERSTANDING UNITS OF THE NATIONAL POLICE OF UKRAINE

The article analyzes the organizational and legal basis for the implementation of the functions of the investigation units of the National Police of Ukraine. The notion of organizational and legal bases, functions and their normative-legal provision in the context of functioning of inquiry units of the National Police of Ukraine is investigated. The essence of the functions of the investigation units of the National Police of Ukraine, which is enshrined in the current legislation of Ukraine and proposed their own ways to optimize their implementation. Some positions of Ukrainian scholars are analyzed, which characterize the concept of organizational and legal principles and the essence of their functioning in the context of performing the functions assigned by law to a specific executive body � the National Police of Ukraine in general and basic, for pre-trial investigation of criminal offenses (in the text � subdivisions of inquiry). Emphasis is placed on the fact that the current regulatory and legal support in the field of functioning of inquiry units from the point of view of the organization of work of the relevant unit, partially provides them with the necessary regulatory framework. In turn, a brief description of the concept of regulatory support (standardization) in the context of the organizational foundations of the functioning of the investigation units of the National Police of Ukraine. The functions outlined in the current legislation entrusted to the investigation units of the National Police of Ukraine are studied in detail, an expanded interpretation of each function is provided and our own vision of its implementation in the context of optimizing the work of the unit is proposed, as well as the institution of human and civil rights. The conclusions formulate general and specific provisions on optimizing the work of inquiry units of the National Police of Ukraine in general, in the context of improving the quality of performance of assigned functions, and strengthening regulations on the organizational and legal framework of relevant units, in the context of optimizing their institutional capacity to respond to societal challenges. In addition, it is argued that taking measures to improve the quality of inquiry and compliance with its deadlines is a function implemented mainly by senior management of inquiry units in a way to systematically check the pre-trial investigation for each criminal offense, taking into account the workload of one investigator. Organization in accordance with the legislation of Ukraine consideration and resolution of citizens �appeals received in connection with the inquiry, which is a detailed reflection of the legislation on citizens� appeals to public authorities and acquires in this context the specific interest of applicants, as they may be participants criminal proceedings, as well as the specifics of the regime of access to the information available to the coroner because in terms of criminal procedure law, forensic tactics and techniques, not every information can be disclosed in a specific period of time. These and other theoretical positions became the foundation for further scientific developments on this topic.

CONSTITUTIONAL BASIS OF EXTRAJUDICIAL PROTECTION OF INTELLECTUAL PROPERTY RIGHTS (MEDIATION PROCEDURES)

The constitutional bases of mediation in intellectual property cases related to the complex interdisciplinary legal institution of self-protection of rights are analyzed. The urgency of the topic is due to a combination of public and private law principles in modern legal regulation and the general process of constitutionalization of private law and intellectual property law, in particular. It is noted that the proclamation of the constitutional right to self-defense means the inclusion in the comprehensive system of human rights protection of additional ways that increase the effectiveness of its other components and enrich the constitutional human rights mechanism as a whole. In recent years, mediation has been recognized as one of the effective and promising ways of self-protection of intellectual property rights. Ukraine is just beginning to build the institution of mediation as a way to protect intellectual property rights. The research of Ukrainian scientists analyzes the situations when it is expedient and profitable to use mediation to resolve disputes in the field of intellectual property. At the same time, in some works of Ukrainian researchers, in the author�s opinion, there is an element of a certain underestimation of public law support for the right to self-defense, in particular copyright. We believe that the constitutional provisions on self-protection of rights should be used more widely in the development of doctrinal issues of mediation intellectual property matters, which should strengthen the civil aspects of the right to selfdefense and give the problem a broader human significance. The author is convinced that the methodology of the modern system of protection of intellectual property rights should be based on an anthropological approach, which means that the provision and protection of intellectual property rights should be carried out from the standpoint of guaranteeing individual rights. It is concluded that the practice proves the profitability and effectiveness of the use of mediation in disputes related to the protection of intellectual property rights. The full implementation of this institution in Ukraine will contribute not only to improving the protection of intellectual property, but also to ensuring the constitutional rights of man and citizen.

LEGAL RESEARCH METHODOLOGY: DEFINITION, STRUCTURE, PHILOSOPHICAL AND ATTITUDINAL FRAMEWORK

The article deals with the author�s perception of legal research methodology as multilayered, integral system of various methods which contribute to in-depth knowledge of essential, meaningful and formal features of law. The author defined its structure that consists of two levels (blocks) of methodological knowledge: philosophical and instrumental ones. The paper concentrates on philosophical and attitudinal level of methodological knowledge that has intrinsic structure: dominating perspective, scientific paradigm, style of scientific thinking and understanding. Dominating ideology is analyzed as the holistic set of prevailing values of people�s educational and practical activities. There are such kinds of perspective in the history of human civilization: mythological, theological and scientific. The scientific one is considered to be the dominating perspective nowadays. The focus of the study is on the style of scientific thinking as the way of cognitive position, formed by the research communities on the basis of historically entrenched, attitudinal, epistemological and logical standards. Its content is defined by scientific paradigm and technology-oriented research. The phenomenon manifests itself on different levels: philosophy of science in general, in particular sciences and even academic disciplines. As it is shown in the research scientific paradigm is the significant conception used by the research community as the basis for solving of some science-based tasks. In the branch of legal science�s paradigm is defined by different kinds of understanding of law. The main paradigms in legal sciences are the positivist and sociological ones. While the positivist paradigm is based on assimilation of the law and statute (acts of law), the sociological paradigm is based on their distinguishing. In some branches of legal sciences, there are more specific paradigms: human-oriented, humanistic, etc. The importance of basic principles of scientific cognition is highlighted as the common attitudinal regulations which foster the subject to receive objective knowledge. Among them are mentioned: principle of historism which requires definite, historically entrenched procedure for considering events; principle of objectivity which presupposes completely unbiased approach of facts selection; principle of social humanism which involves evaluation of legal phenomena in the universal value-centered light. The article demonstrates the methodological importance of philosophical and ideology level that lies in the opportunity to define conceptual way of legal research on the basis of scientific perspective, pluralistic style of thinking, appropriate paradigm of law and such cognitive principles as historism, objectivity and social humanism.

CURRENT PROBLEM ISSUES OF FORMATION OF LEGAL CULTURE OF LAWYER

The article outlines the problems of forming the legal culture of a lawyer, as an urgent requirement of the present, since the professional principles of lawyers must meet the highest moral values of society, and reliably defend the violated right, the successful solution of urgent problems of the state process directly depends on their professionalism. The level of development of any legal culture of society reflects the general conditions of legal consciousnesses, which are manifested through the implementation of legal activity, legal behavior. Today in Ukraine a high level of legal culture is not observed only among the ordinary citizen, but quite often it is not enough even for legislators, political leaders, heads of public organizations. It was found that the legal culture of a lawyer combines knowledge of legislation and the possibilities of legal science, the conviction of the necessity and social usefulness of laws and regulations, the ability to use legal instruments � laws and other legal acts in everyday activities, to resort to the use of all the achievements of legal science and practice when making and the design of solutions. The necessity is theoretically substantiated: to define a model of a specialist-lawyer and, as its component, a personality model and a training model. The specialist model must meet the requirements of the legal professional of the future; systematization and structuring of education not only by the level of education, but also by branches of law. The standard of legal education, the curricula of higher and secondary educational institutions should be optimized in terms of the structure and content of the relevant branch of law; when training law managers, it is necessary to take into account the shift in the meaning and goals of education towards the idea of self-expression and full disclosure of the capabilities and abilities of the individual; the paradigm shift of education from �education for life� to �education throughout life�. Thus, a law graduate must have professional knowledge, be convinced of their social feasibility and usefulness, be able to apply them in their professional activities, and strive for continuous self-improvement, because a high level of professional culture of a lawyer is an urgent requirement today. Because the professional culture of legal professionals directly affects the successful solution of pressing problems of the state-building process.

THE CONCEPT AND CONTENT OF PUBLIC ADMINISTRATION PROCEDURES IN THE FIELD OF INTELLECTUAL PROPERTY IN THE COUNTRIES OF THE EUROPEAN UNION

The article considers the features of public administration in the field of intellectual property and the conceptual basis for the formation of its procedures in the European Union. The conceptual bases of formation and development of procedures of public administration in the field of intellectual property in the countries of the European Union are opened. The pluralism of approaches to the definition of public administration procedures in the field of intellectual property in the countries of the European Union is analyzed. The normative-legal base of procedures of public administration in the field of intellectual property in the countries of the European Union is given. The acts of the Court of Justice of the European Communities on public administration in the field of intellectual property are analyzed. It is proved that the formation of European private law is due to the purpose of creating and functioning of a common market. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. The process of improving the procedures of public administration in the field of intellectual property in the European Union is analyzed and the legal framework of this process is given. A feature of European Union law is to strengthen the protection of intellectual property rights through two main mechanisms: harmonization of legislation of member states of the European Union and the introduction of European Union protection documents for various intellectual property. Thus, other partner countries of the European Union, in addition to measures to approximate legislation, may decide on the signing of agreements on entry into the regional European system of protection of certain intellectual property. The member states of the European Union pursue a coherent policy in the field of legal protection and use of intellectual property. Guided by the principle of free movement of goods and services, they focus their efforts primarily on the unification and harmonization of legislation in the field of intellectual property and prevention of the use of intellectual property rights in unfair competition. Within the European Union, a system of direct regulation of the processes of unification and harmonization of legislation in the field of intellectual property, which is especially characteristic of the field of copyright and related rights. The Court of Justice of the European Communities plays a significant role in the unification and harmonization of the legal regulation of relations in the field of intellectual property. In the absence of appropriate harmonization of national legislation in the field of intellectual property with the principles of free movement of goods and services, as well as freedom of competition, proclaimed by the European Union, the importance of the case law of the European Court of Justice is difficult to overestimate. The beginning of unification and harmonization activities in the field of intellectual property protection is preceded by a stage of case law enforcement practice, which allows to identify existing gaps in legal regulation and solve relevant problems. At present, it is a question of the existence of a special system of intellectual property rights of the European Union, formed in its general features, built on principles different from the traditional national ones, with a special subject of regulation. At the same time, this system is a new legal phenomenon that is developing quite dynamically and rapidly along with national and international legal systems. The legal regulation of intellectual property relations in the European Union aims to ensure a high level of protection of these rights, as they are the legal basis for the protection of the results of creative activity. The conclusion about the urgency of research of problems of public administration in the field of intellectual property in the countries of the European Union is made.