Human rights in Muslim law: current issues

The article is devoted to the study of the peculiarities of the legal system of Muslim countries. The author analyzes the essence of the concept of human rights and freedoms in Muslim law, as well as comparative characteristics with the Western legal system. The general principles of law in the Muslim system, due to the peculiarities of its historical formation, establish the criteria of conformity of positive law to the values of a particular society, limiting the action of a law to generally accepted moral criteria. It is noted that certain aspects of Sharia have different meanings for followers of Islam and those who do not adhere to this faith. In a ratio religious and secular rules of conduct operate differently. The author points out that in the theory of Muslim law, all people are equal regardless of their social background, skin color or language. It also speaks of the equality of all before the law and the court, but in practice a completely different situation arises. The article analyzes the disrespect for women's rights and the fact that women are essentially unprotected in Islam. It is noted that human rights, which should be universal in nature, were neglected by delegates to the 1993 UN Human Rights Conference in Vienna. In view of this, Islamic society is faced with the question: either Islam and Sharia, or democracy and human rights. At the same time, no explanation was given as to why one should be chosen over the other. The author proposes to gradually incorporate Muslim law into the law of Western countries, but only with respect for the national and cultural peculiarities of the East. It also highlights the importance of developing categories of human rights in the Muslim legal system, taking into account the standards of the Western concept of human rights and conducting a detailed study of Islamic law, rather than simply adding Western notions of natural human rights to Muslim law.

Legal bases of activity of law enforcement bodies in the field of security in border areas of Ukraine

This article is intended for the theoretical foundations of the strategy of security in the border areas of Ukraine by law enforcement agencies. Law enforcement agencies are existing in society and the state institutions and organizations that perform law enforcement and law enforcement functions whose main task is to ensure security in the border areas of Ukraine. At the current stage of development of Ukraine as a democratic social and legal state, taking into account the recent global changes in the world, the development of law enforcement agencies to ensure national and internal security from internal and external threats is one of the priorities of European policy. The choice of the population of Ukraine highlighted the problem of implementation of ratified agreements with the European Union, including the provisions of the European Charter in the field of security in the border areas of the state, as important components of the political and legal system of Ukraine. Ensuring state security, protection of the state border and protection in the border area of Ukraine in accordance with the Constitution of Ukraine is entrusted to military formations and law enforcement agencies of the state. The state pays special attention to improving the legislation in the field of administrative and legal regulation in the field of national and internal security of the state from internal and external threats. The formation of the scientific doctrine of the scientific order in Ukraine has its own difficult history. Maintaining and strengthening the rule of law in society in modern conditions, as a necessary prerequisite for the effective functioning of an extensive human rights mechanism with the participation of state institutions, law enforcement agencies, civil society require thorough doctrinal support.

Functioning of the system for evaluating the effectiveness of international technical assistance: the experience of the European Union and the world's leading countries

The authors of the article study the foreign experience of the administrative and legal organization of systems for evaluating the effectiveness of international legal assistance (ITA). The article notes that the definition of international technical assistance in different countries is interpreted differently. States, at the national level, establish their own definitions of the concept, which may differ in content and characteristics. It is established that the assessment of the effectiveness of the use of ITA has the ultimate goal to ensure its better use. Both ITA donors and recipients are interested in this. The largest ITA donors have been identified as Japan, the United States, and the European Union. Each of these donors has its own system for evaluating the effectiveness of the ITA provided. In the study of the model for evaluating the effectiveness of the US ITA, the key role of the United States Agency for International Development (USAID) was highlighted. The Agency itself has developed tools to monitor the assistance provided, implements analysis programs, publishes reports, and conducts training among its employees. In Japan, the Ministry of Foreign Affairs of Japan and the Japan International Cooperation Agency (JICA) have been found to be the central policy-makers in Japan. These bodies issue regulatory regulations on which the performance appraisal process is based, analyze experience, conduct training, and publish reports on their official websites. In the Japanese model for assessing the effectiveness of the provision and use of ITA's, the key features are assessing the usefulness of the assistance provided in terms of Japan's diplomatic interests. It was found that a characteristic feature of the evaluation system of the European Union is the functioning of the Regulatory Control Council, which reviews and improves the legislation in the field of ITA. The article establishes the relationship between national legal systems and global standards for assessing international assistance. It is established that the donors of the ITA, for the organization of the system of evaluation of its effectiveness, use as a basis the Quality Standards for evaluation, which are developed by the Development Assistance Committee (DAC) at the Organization for Economic Cooperation and Development (OECD).

Legal mechanism for ensuring the right to inclusive education in the context of the COVID-19 pandemic in Ukraine and the United States

The article investigates to the study of legal framework securing the right to inclusive education of inclusive education in the context of the COVID-19 pandemic. The authors of the article analyze the statistics of the effectiveness of distance learning to study the state of the organization in general secondary education distance learning in quarantine, introduced to prevent the spread of acute respiratory disease COVID-19 in Ukraine and the United States. It is proved that children with special educational needs need an individual approach to the organization of inclusive distance learning. At the same, time it is necessary to consider features of each child. The authors of the article pay considerable attention to the characteristics of the recommendations of the Ministry of Education and Science of Ukraine on the organization of the educational process in general secondary education institutions during quarantine by the way of distance education. From the analysis of the recommendations it can be concluded that the main burden during the organization and use of distance learning technologies will fall on the teacher's assistant and student's assistant. In addition, the article examines the features of the educational process with the help of a team of psychological and pedagogical support of a child with special educational needs during quarantine. The article examines the features of inclusive education in different areas of the epidemic level of danger: green, yellow, orange and red. The authors also pay considerable attention to the study of the implementation of inclusive learning using distance education technologies during the pandemic COVID-19, in particular the problem of involving children with special educational needs in the educational process at home. The article contains recommendations for improving the quality of education during the COVID-19 pandemic.

General principles of organization and activityof judges in Ukraine

In the conditions of active development and improvement of the system of public administration in the world, the role of public service as a defining feature of a democratic and legal state is strengthening. Since the signing of the Association Agreement with the European Union by Ukraine, it has become necessary to introduce and enshrine in national legislation such an institution as a public service. This became a lever that launched the process of reforming the government system in the country and determined the right vector for the development of public service in Ukraine. Given the current indicators of public confidence in the judiciary, it can be argued that the institution of public service in the judiciary is purely formal, and therefore this issue is relevant and needs to be addressed as soon as possible. In view of this, we believe that the introduction of the new Concept, which will consolidate the legal status of a judge as a public servant of a court of general jurisdiction, will be the beginning of the real functioning of a judge of a court of general jurisdiction on the basis of public administration. The study revealed the general principles of organization and activity of judges of general jurisdiction courts in Ukraine. The legal status of judges is outlined and the key features of such status are identified. The existence of the “judge-public servant” model is substantiated. The study emphasizes that judges of courts of general jurisdiction directly implement the basic functions of justice, and the level of their legal status depends on the authority of the judiciary and the efficiency of justice in Ukraine. Courts of general jurisdiction are the main link of specialized courts for civil, administrative and criminal cases and are the closest to the population, and therefore, a clear definition of their legal status is now essential. It is suggested that under the public service in the judiciary of Ukraine, first of all, one should see politically neutral, professional activity of a judge in courts, judicial authorities and other state bodies of the justice system and institutions for organizing and ensuring the activities of courts and judges.

Legal aspects of the impact of educational migration on the national security of Ukraine

The article is intended to analyze the legal aspects of the impact of educational migration on the national security of Ukraine. The legal basis of educational migration is considered, in particular, the consolidation of Ukraine's participation as a full participant in the European educational space in the regulatory framework and its impact on Ukraine's national security. The positive and negative consequences of educational migration and their impact on the national security of the country are analyzed. Comprehensive measures, including legal ones, in the field of education and migration policy of Ukraine have been identified. Academic mobility and cross-border education are identified as the main institutional forms of educational migration. Today, the national security of Ukraine requires the protection of the public interests of all segments of the population, including young students, which ensures the sustainable development of the country and society. The vast majority of migrants are young people - the most active part of the population, prone to self-development and adaptation in a multicultural environment. Ensuring constitutional human rights and freedoms, including their right to education, are objects of national security. It is proved that international integration and integration of the national higher education system into the European educational space is one of the main principles of state policy in education. Accordingly, there are academic mobility programs in the field of international cooperation. Migration policy is one of the priority areas of the country's development. Migration is a complex process that includes, in addition to legal, economic, socio-psychological, political and cultural interrelationships. The issue of modern migration processes and national security is always promising in terms of further research, especially given that the analysis of the migration situation in Ukraine shows that they are developing much more dynamically than the process of legal regulation in this area. In fact, it is about the complexity of effective legal regulation of migration processes in the country.

Determining the responsibilities of inheritors

Like subjective rights, responsibilities are part of the legal status of the individual. In the theory of state and law, duty is understood as a measure of proper conduct established by law. The peculiarity of the responsibilities of the heir is that at the time of acceptance of the inheritance, the heir passes not only the asset but also the liability. The heir who inherited the heir is liable for the debts of the testator. The exercise of the right to inherit primarily consists in the fact that the heir has the right to accept the inheritance or to refuse it. At the same time, it is not allowed to accept an inheritance with a condition or with any reservation. At the heart of the realization of the right to inherit - the will of the heir. The heir decides to accept the inheritance, to refuse it or not to accept the inheritance, based on their own interests. The freedom to renounce the inheritance is also manifested in the choice of the method of renunciation: either in favor of a particular heir, or without specifying such. At the time of death, the testator ceases to be the subject of any relationship, loses subjective rights and obligations. In turn, the heirs acquire property rights and subjective rights and obligations only with the passage of time. It is not possible to inherit only rights without fulfilling the obligations arising from the acceptance of the inheritance. It is also not possible to transfer the performance of one's duties to another person in order to be able to exercise one's inheritance right. To the heirs pass not only the rights of the testator, but also his responsibilities (translational succession), even if they were not specified in the will, because the inheritance is a universal succession. In universal succession, the whole set of rights and responsibilities of the testator's predecessor passes to the heir, except those that are closely related to the testator's personality. In this case, all components of this set belonging to the testator are transferred to a single act.

The role of executive bodies as subjects of the economic security system of Ukraine

The article is devoted to the role of executive bodies as subjects of the economic security system of Ukraine. Attention is drawn to the importance of effective administrative activity as one of the basic preconditions for the proper functioning of various branches of the economic sector. It is noted that such activity is of great strategic importance in the issues of ensuring the stability of the national economy and facilitating the necessary development of the latter. An attempt is made to prove that an important role, given their goals, objectives, functions and constitutionally established appointments, is assigned to the executive authorities to facilitate the proper functioning of the national economic system. It has been noted that, among all other bodies of State power, entities have undoubtedly played a significant role in this process and have a special place in the existing State machinery. Attention is drawn to the issues of the concept, as well as to the definition of the structure of the administrative and legal status of the subjects in question. The purpose, tasks and functions of executive bodies as subjects of the system of economic security of Ukraine are defined and characterized. Competence of the said structures in this direction of scientific research is determined, key powers of executive authorities as subjects of the national system of economic security are singled out. It is noted that great importance is given to development of general and coordinated activity of executive authorities, taking into account complexity and multifaceted nature of national economy. It has been noted and an attempt has been made to prove that strengthening external and internal cooperation is a weighty prerequisite for the effective protection of the economic component. It is pointed out that this is especially important in the context of active globalization processes, including those related to the economic sphere. It is noted that such practice also takes place in most EU countries and shows positive statistics from this activity.

Cryptocurrency as a modern phenomenon: advantages, disadvantages, problems of legal regulation

The article is devoted to the study of cryptocurrency as a new means of payment, which is relevant both in Ukraine and abroad. The urgency of the problem described in the article is due to the accelerated scientific and technological progress and global computerization of society, where modern technologies contribute to the emergence and development of new mechanisms of the economy, in particular, relations using non-cash payments. The main features of cryptocurrency are considered and argued in the form of its advantages: availability, speed, decentralization, security, and disadvantages: unreliability, distrust of users, inability to cancel transactions, use to commit illegal acts. The features that are controversial in modern conditions are anonymity and transnationality. The main problems of cryptocurrency and its legal regulation are generalized. Emphasis is placed on the practice of regulating the cryptocurrency market in the European Union, as well as on the legislation of the Republic of Estonia in the field of virtual assets. The legal status of cryptocurrency in Ukraine is considered, which is an urgent problem on the way to its legalization both in the legislative and technical plan. Attempts to legally regulate a new type of currency are analyzed. Bills and acts of the National Bank of Ukraine in the field of cryptocurrency circulation are described. Gaps in the current legislation, in particular in the Law of Ukraine "On Prevention of Corruption", were identified, and ways to solve such problems were suggested. It is concluded that it is necessary to develop and create effective legislation in the field of regulation and control of cryptocurrency circulation not only at the national but also at the international level, because otherwise there is a threat to economic and financial life of the state and society and other problems for the international community. in the form of criminal acts with cryptocurrency, because today in Ukraine there is no effective legislation on the circulation of cryptocurrency, and the number of problems with the use of digital currency is growing every day, so it is worth paying attention to such components as the Internet and virtual assets, as in the leading countries of the world this direction is important in domestic and foreign policy.

The minimal state in Ukraine as a progressive ideal of the historical criterion of the legal approach to the typology of the state: functional aspect

The article is devoted to the minimal state in Ukraine as a progressive ideal of the historical criterion of the legal approach to the typology of the state. The main attention, at the same time, is paid to features of its functioning. It is this type of state that must overcome the shortcomings of the state of the modern bureaucratic type. It seems that the need for its introduction in Ukraine is influenced by two factors: globalization and a significant increase in the role of civil society. At the same time, despite COVID-19, the processes of globalization have not decreased and the significant narrowing of state influence on economic processes, which is characteristic of globalization, is still continuing. As for civil society, in Ukraine it has gradually begun to realize itself as an important "player" within the country, which not only becomes more independent of the state, but also, to some extent, begins to influence it. Thus, the combination of globalization processes in the world and a powerful "burst" of selfconsciousness of domestic civil society necessitates the introduction in Ukraine of the concept of "minimal state", that is a state whose activities are aimed at implementing as few functions as possible. However, this type of state does not imply an anarchic ideal with its abolition at all. It seems that within the framework of a minimal state, the latter should be deprived of the functions it has assumed for a long historical period, leaving only the fiscal, the function of ensuring the safety of citizens from internal and external threats and the function of organizing work. At the same time, in the conditions of the minimal state the organization of works is transformed into the organization of realization of national and state projects when the state acts only as the coordinator and the financier of work which is carried out by numerous enterprises and corporations. As for the fiscal function, in our opinion, it should be somewhat transformed: the tax system should be enshrined in the principle of one tax, and the budget system should consist of three parts: "expenditure budget", "development budget" and "reserve budget". Regarding the security of citizens, society and the state from external and internal threats and dangers, such activities should take two forms: justice and law enforcement (security within the country) and war and peace (security outside the country). Thus, in the conditions of a minimal state, only the organization of national and state projects, budgetary and financial function, as well as ensuring the security of citizens, society and the state from external and internal threats and dangers should remain behind the latter.