Dynamics of the regulatory function of Ukrainian lawin the context of European and international legal harmonization

Purpose. The purpose of the work is a comprehensive theoretical and legal analysis of the main problems of the dynamics of the regulatory function of Ukrainian law in the context of European integration and international legal harmonization. Method. The following theoretical methods of scientific knowledge were used in the study: the method of scientific analysis; system-structural; historical and legal; axiological; comparative law; formal-legal and method of generalization. Results. The scientific article highlights the process of transformation of the regulatory function of modern Ukrainian law in the context of its approximation to EU and international law. In the course of the research it was proved that in the issues of the European integration course the leading role belongs to the principles of realization of the regulatory function and regulatory influence. In particular, the implementation of the principle of the primacy of international law is for Ukraine a political and legal guarantee of stable relations with Europe and the world, as well as a legal means of protecting its legitimate interests. On the basis of the main principle of priority of norms of international law, such derivative principles of interaction of legal systems of the Council of Europe and Ukraine as: a) the principle of the rule of law should be developed; b) the principle of interconnectedness and complementarity of the law of the Council of Europe and Ukraine; c) the principles of cooperation, good faith fulfillment of obligations to the Council of Europe and the principle of mutual protection of human rights. Scientific novelty. The study found that the regulatory function of law, despite the narrowing of its scope at the domestic level and within national legal systems, has expanded its scope at the international and European levels, and especially at the level of European Union law. In this case, in the latter case, it interacts most closely with the integrative function. Practical significance. The results of the research can be useful for further general theoretical and applied research of the dynamics of the regulatory function of Ukrainian law in the context of European and international legal harmonization.

Institute of public associations in the system of human rights enforcement in Ukraine: constitutional and legal aspect

Purpose. The aim of the work is to analyze in the constitutional and legal aspects public associations as a constitutional institution of public nature, to determine its role and importance in the system of human rights enforcement in Ukraine, to clarify the peculiarities of formation and effective activities of this institution. Methodology. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific reseach have been implemented: terminological, logical-semantic, functional, system-structural, logical-normative. Results. The study states that the driving force of a democratic, legal process is the growth of an active civil position, which is the basis for the formation of public associations, which are a basic component of civil society. The institute of public associations is an important component of the system of constitutional law of Ukraine. Involving citizens in political decision-making is one of the main principles of direct democracy. The focus is on improving the legal framework of the institute of public associations. Scientific novelty. The study has revealed that public associations, as institutions, should be an integral part of civil society in the formation of democracy; to introduce constitutional and legal mechanisms of interaction with the institution of public associations and to identify their real practical effectiveness for ensuring human rights and needs in society. Practical significance. The results of the study can be used in law-making and law enforcement activities during the functioning of the institution of public associations in the system of human rights.

Implementation of the principles, standards and rules of international customs law: individual and overall levels

Purpose. The purpose of the study is to submit to the discussion of domestic international lawyers a proposal to introduce the use in scientific and educational works of the classification of the implementation of the principles, norms and standards of international customs law into two types: individual and overall. Methodology. In order to achieve the goal of the study, have been analyzed scientific approaches to understand the implementation of international law and the classification of its types. In article have been studied an Implementation articles developed under the auspices of the Customs Agreements Cooperation Council; recommendations and resolutions, conventions of the Member States of the European Union, current international agreements and other acts of Ukrainian legislation on customs matters. Results. In the article it was substantiated that individual implementation along with the states can be carried out also by separate customs territories which have full autonomy in the realization of foreign trade; customs unions; economic unions; international organizations and other participants in international customs relations. The joint implementation of the principles, norms, and standards of international customs law is carried out by two or more of its subjects simultaneously. To achieve this goal, the subjects of international customs law can use a wide range of law-making, organizational, coordination, information and control tools. Scientific novelty. It was proved that the classification of the implementation of principles, norms, and standards of international customs law into individual and overral, in contrast to its differentiation into domestic and international, most accurately reflects all types of subjects of international customs law capable of participating in such activities. Practical significance. The introduction of the classification of the implementation of principles, norms, and standards into individual and joint, will contribute to the further development of research in this area, as well as the development of a clear understanding of the implementation of officials of public authorities of Ukraine.

Supervision and control over observance of labour legislation by state labour service of Ukraine

The purpose of the article is to investigate the role of state supervision and control over compliance with labour legislation in ensuring decent work. Methodology. The research is based on the analysis and generalization of the available practical, scientific and theoretical material and the formation of relevant conclusions. The following methods of scientific cognition were used in the research: logical-semantic, system-structural, terminological, system-functional, structural-logical, normative-dogmatic, method of generalization. Results. It is established that the effectiveness of supervision and control over compliance with labour legislation is ensured by many factors: regularity, the right choice of goal, the actual elimination of violations, the presence of clear legal regulations for control and supervision. Scientific novelty. It is established that supervision and control over observance of labour legislation is an important and necessary form of protection of labour rights, freedoms and legitimate interests of employees. With the help of this form of protection of labour rights and legitimate interests of employees, the following tasks are solved: ensuring strict implementation of regulations in the field of labour; achieving the quality of implementation of decisions; timely taking measures to eliminate identified violations; identifying positive experiences and putting them into practice. The practical significance lies in the possibility of using materials in law enforcement activities - to improve the practice of applying current legislation in the field of labor rights; educational process - in the teaching of disciplines: "Labour Law of Ukraine", "Employment Protection", "Labour Rights Protection in European Union Countries".

Attempts to overcome the deficit by the imperative method of legal regulation in the conditions of perestroika (on the example of Ivano-Frankovsk region)

The purpose of the article is to show the effectiveness of the imperative method of legal regulation of the economy on the example of the Ukrainian SSR. Method. The research methodology is based on the application of a systematic approach, which allowed to consider economic and legal phenomena in their relationship. The following methods of scientific cognition were used in the research: the dialectical method, which made it possible to study the relationship between state and legal phenomena and economic processes; study of the legal status of participants in economic relations of the USSR during the perestroika required the use of a historical method, which made it possible to trace the evolution of the legislation of the USSR on the regulation of economic processes. Using the dogmatic method, the legislation of the studied period is analyzed. The hermeneutic method was used in the interpretation of certain economic concepts from the standpoint of law. Results. In the course of the research the principles of the imperative method of legal regulation for overcoming the deficit are analyzed, namely: laws, orders, directives, prescriptions, instructions. Scientific novelty. On the basis of the analysis of legislative acts of the Ukrainian SSR the problems of economic development of the state are revealed, their reasons and ways of overcoming are analyzed. It was found that the key role was given to administrative methods of economic regulation with an emphasis on the imperative method of legal regulation. The inefficiency of this method is shown, which was expressed in numerous offenses and the development of the "shadow economy". Practical significance. Conclusions and theoretical generalizations can be valuable to avoid negative trends in the economic (deficit, speculation, shadow economy) and legal spheres (absolutization of one method of legal regulation) at the present stage of development of the Ukrainian state.

Prospects for the development of law-formation in Ukraine through the prism of the application of the prognostic method of research

The author analyzes doctrinal approaches to characterizing the prospects for the development of law-formation in Ukraine. The methodological inadequacy of ensuring the study of the prospects of development of legal phenomena, including lawmaking, is noted. It is noted that law-formation as a socio-legal phenomenon is due to various factors of its development, is influenced by the peculiarities of society as a sphere of its existence, and the state as a central subject of law-making. This conditionality of the process of law formation characterizes such dialectical regularities as the presence of prospects for development and the ability to improve legally significant activities, including activities in the field of law enforcement. Prospects for the development of law-formation as its integral property, reflects the relevant qualitative changes in the process and content of the law-formation, occurring within the temporal boundaries and characterize the law-formation as a phenomenon that has the dynamics of its development. These characteristics of the law-formation are most thoroughly and comprehensively disclosed in terms of prognostic method of scientific research, because, on the one hand, based on temporal properties and due to relations between subjects, changes in their content that form the basis of law, and on the other hand, they are manifested at the level of legal institutions (the process of law-formation, norms of law, legal regulation, the subjective composition of law-making, etc.). In this regard, the issue of prospects for the development of lawmaking and ways to improve it in terms of improving the process of law formation, identification and consideration of objective laws of its development, improving the quality of law, the quality of its expression, the effectiveness of public relations is important. scientific rethinking in order to develop scientific knowledge about the prospects of law, ways to improve both the process of its formation and improve the quality of law itself. Based on the analysis of scholars' views on the problem of studying law-formation in modern conditions of development of Ukrainian society, the cognitive perspectives of application of the prognostic method of studying law-making in Ukraine are established. Prospects for the development and ways to improve law-formation as independent theoretical and legal aspects of knowledge of law education require the isolation and further application of the prognostic method of research, which is potentially able to: first, to reveal lawmaking through the prism of its development; secondly, to reveal in the most comprehensive way the objective and subjective aspects that determine the future qualitative state of the law-formation, to determine the ways of influencing the formation of law to increase its level; thirdly, to structure the development of law-formation in separate directions.

The role of government bodies in ensuring the activities of management of protection, use and reproduction of forests

Purpose. The purpose of this article is to establish the role of state regulation and management in the field of forest relations in order to ensure effective protection, proper protection, rational use and reproduction of forests. Define the powers of state bodies through which the state manages forest resources. Identify forest management functions. To analyze the main tasks of state regulation and management in the field of forest relations. Method. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific cognition were used during the research: terminological, logical-semantic, functional, system-structural, logical-normative. Results. As a result of the study, it was found that in our country there is a very extensive system of control of government agencies over activities in the forest sector. But its effectiveness is low, because illegal deforestation is carried out en masse, and the authorities that are supposed to monitor it do not seem to notice anything, or officials who depend on the solution of a particular issue decide them in their favor, not in favor of the state. Such cases are not uncommon - mostly mass. Therefore, we need to change and improve this control system - otherwise we may be left without forests. This in turn affects the ecological environment of citizens and their lives and health. Scientific novelty. In the course of the research it was established that the system of state management of forest resources is inefficient and needs to be improved. Practical significance. The results of the study can be used in law-making and law enforcement activities during the implementation of measures for the protection, use and reproduction of forests.

The legal principle of the newest system of Ukrainian law in the activity of the judiciary is legalized

The purpose: to study the rule of law as a principle in the judiciary in such aspects as to clarify the origins of the idea of the rule of law, the relationship between the concepts of the rule of law and the judiciary, analysis of relevant doctrine in Ukraine. Methods: dialectical, hermeneutic, prognostic, comparative-legal, formal-logical, method of modeling, decomposition, complex analysis, intersectoral method of legal research, logical methods that were used as tools to achieve this goal. Results: Applying the principle of the rule of law, the judge must remember it as a global goal of justice - the rule of law in society. The resolution of every dispute and any legal conflict must be aimed at adhering to this principle. Scientific novelty: From a practical point of view, the rule of law determines the place of the judiciary in the system of public power, which should attest not only to the real separation of powers but also to the judiciary's ability to limit the discretion of the legislature and the executive. This is possible only if the court (and justice procedures) are independent of other branches of government. This approach to the relationship between the separation of powers (traditionally - an element of the concept of the rule of law) brings together the concept of the rule of law and the idea of the rule of law in modern conditions. The principle of the rule of law in the modern state is studied. Emphasis is placed on the scope of the rule of law, which includes: legality, which provides for a transparent, accountable and democratic process for the implementation of legal provisions; legal certainty; prohibition of arbitrariness; access to justice; respect for human rights; prohibition of discrimination; equality before the law. Conceptually, the rule of law is to limit the arbitrariness of public authority over society and the individual. Different ways of establishing the system of the rule of law (the court through the application of human rights directly forms the system of the constitution - the English tradition; it is created by the people through the exercise of constituent power - the European continental tradition) are not fundamental. From a practical point of view, the rule of law determines the place of the courts in the system of public power, which must attest not only to the real separation of powers but also to the judiciary's ability to limit the discretion of the legislature and executive. This is possible only if the court (and justice procedures) are independent of other branches of government. This approach to the relationship between the separation of powers (traditionally an element of the rule of law) brings together the concepts of the rule of law and the rule of law. The article is devoted to a comprehensive study of the theoretical foundations of judicial law enforcement in Ukraine as a special process of practical achievement of the rule of law in the daily activities of courts, carried out after the constitutional reform of justice in 2016-2017. The acute theoretical and applied need to find ways and means to ensure the unity of law enforcement after this reform, which allowed to form a new scientific approach to solving problems of judicial law enforcement. The problem is solved with the help of intersectoral methodology and integration in law, given the expansion of the functions of the judiciary, in particular, in terms of increasing the law-making role of courts (the theory of "soft" separation of state power). The article proves that the current state of transit legislation in Ukraine leads to the fact that the courts of first instance (sometimes - the appellate court as courts of first instance) take on challenges - to consider the case, guided by the rule of law, taking into account not only the balance of public and private interests, but often the existence of gaps in laws or applying poor quality legislation. The result of judicial enforcement in such cases is the completion of a rule of law, which in fact can be considered a judicial rule and become the basis for the emergence of a new law, the maintenance of which during the review of the court decision gives it a precedent, and thus lower courts promote judicial supremacy.

Christian religion and notary: points of contact

Purpose. The aim of the article is a comprehensive general theoretical and comparative analysis of the main problems concerning the things in common between the Christian religion and notary service board, clarification of the transformation of religious rules (norms) into notarial activities and notarial procedure. Methodology. The methodology covers a comprehensive analysis and generalization of available scientific and theoretical material and the formation of relevant conclusions and recommendations. The following methods of scientific cognition were used during the research: historical-legal, comparative-legal, functional, system-structural, and logical-normative. Results. In the course of the research, the historical and legal analysis of the main things in common between the Christian religion and notary service board is carried out. Scientific novelty. Having analyzed the main things in common between the Christian religion and the notary service board, the author states that some of the basic principles of Christianity were introduced into notarial activities. In particular, in the Bible we find norms that relate to the basic principles of notarial activities, as well as the rules of the notarial proceedings. Traces of Byzantine norms, which are also based on religious norms concerning the procedure for making wills and certain types of agreements, are also observed in modern civil and notarial procedure, as well as notarial records. However, Ukrainian public and private notaries cannot apply religious norms and documents during the notarial proceedings. Practical significance. The results of the study can be used in lawmaking and law enforcement activities during the preparation of normative and legislative acts on the legal regulation of notarial activities.

Ways to improve legislative regulation of taxation of individuals who carry out independent professional activity

Purpose. The purpose of this work is to explore ways to improve the legal regulation of taxation of individuals engaged in independent professional activity. Methodology. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific cognition were used during the research: terminological, logical-semantic, functional, system-structural, logical-normative. Results. The study recognized that the implementation of best foreign practices will meet current economic trends associated with increasing the prevalence of non-standard employment, which is based on the mobility of labor resources and reducing employee dependence on the employer (temporary work, part-time, part-time work, division workplace, "virtual enterprise", etc.), as well as provide optimization of fiscal control procedures of the state for non-standard forms of employment, reduction of the "shadow market" of employment, etc. Practical significance. The results of the study can be used in lawmaking to improve tax legislation.