PECULIARITIES OF INTERACTION AMONG PENAL INSTITUTIONS, AUTHORIZED PROBATION BODIES AND SUBJECTS OF SOCIAL PATRONAGE WHILE PREPARING PERSONS SERVING A SENTENCE OF RESTRAINT OF LIBERTY OR IMPRISONMENT FOR A CERTAIN PERIOD FOR RELEASE

This article is devoted to the peculiarities of interaction among penal institutions, authorized probation bodies and subjects of social patronage while preparing persons serving a sentence of restraint of liberty or imprisonment for a certain period for release. Penitentiary institutions are not institutions intended for recreation. Convicts in places of deprivation of liberty pass and must pass certain difficulties. That is why these institutions are points of increased social and psychological tension, which in one way or another determine the whole meaning of convict’s life. But all these difficulties and legal restrictions should be, firstly, based on the law, and secondly, optimal, that is, conditioned only by considerations of achieving the goal of correcting a convicted person and preventing the commission of new crimes. A state that claims the high rank of law has no right to revenge. Revenge and unjustified cruelty are not only immoral, but also ineffective in criminological terms, because evil breeds evil, violence breeds violence. Thus, the process of release from penitentiary institutions should maximize a released person’s socialization in the shortest possible time, taking into account the pooling of efforts of all interested structures: penitentiary institutions, authorized probation bodies and subjects of social patronage. This will allow a released person to integrate into society quickly, restore the lost social ties, which will subsequently ensure the safety of the society itself and make it impossible for a released to commit new crimes. In this regard, the Standard Minimum Rules for the Treatment of Prisoners states that it is worth thinking about prisoner’s future after release from the very beginning of their sentence. Until then, they should be encouraged and helped to maintain and strengthen ties with individuals or institutions outside the prison who can promote inclusion in society and protect the best interests of their family. Key words: interaction, penitentiary institutions, probation period, social patronage, release, restriction on freedom, imprisonment.

PROBLEMS OF LEGAL LIABILITY FOR INFRINGEMENT ON STATE SYMBOLS

The concept of the category “legal liability” is revealed and its essential features are defined in the article. It was found out that the current legislation provides only criminal liability: for public outrage to the State Flag of Ukraine, the State Coat of Arms of Ukraine or the National Anthem of Ukraine (Article 338 of the Criminal Code of Ukraine), as well as for illegal raising the State Flag of Ukraine on a river or sea vessel (Article 339 of the Criminal Code of Ukraine). Criminal liability for public outrage to the State Flag of Ukraine, the State Coat of Arms of Ukraine or the National Anthem of Ukraine, as well as for illegal raising the State Flag of Ukraine on a river or sea vessel is analyzed. The provision that Article 338 of the Criminal Code of Ukraine needs significant improvement and appropriate changes, as the authority of the Ukrainian state is undermined not only in case of infringement on the officially established flag and coat of arms of a foreign state is substantiated. In addition, it is advisable to introduce administrative liability for infringement on state symbols. Key words: responsibility, legal liability, criminal liability, administrative liability, state symbols.

PECULIARITIES OF JUVENILES AND MINORS’ INTERROGATION DURING INVESTIGATIVE (SEARCH) ACTIONS

The article is dedicated to the study of the peculiarities of juveniles and minors’ interrogation during investigative (search) actions. It is mentioned that the nature of the interrogation is that an investigator receives from the mentioned persons as a suspect, accused or witness information about the event of a criminal offense and other facts that are important for revealing the objective truth and compliance with all legal requirements. It is clarified exactly how the testimony of a minor and a juvenile should be written and to which person the investigator has the right to read the protocol at the end of the interrogation.The issue of who the summons should be written for in order to invite a minor and a juvenile for interrogation during the investigative (search) actions is covered.The personality of a teacher during the interrogation of a minor and the issue of what factors the investigator should rely on when involving the teacher in the interrogation are considered. It has been revealed that a kindergarten teacher has the right to be involved in the interrogation of a minor.The time of interrogation of minors of different age groups and juveniles, as well as the involvement of a legal representative, teacher, psychologist and psychiatrist in the interrogation are studied. The opinions of scholars regarding the optimal time of interrogation of these age groups are revealed.The problem issues of establishing and conducting interrogation of minors suffering from mental retardation or mental disorders and involving a doctor or psychiatrist during the interrogation is revealed. The classification of minors is considered.The moments at which the investigator should pay special attention to during preparing and conducting interrogation of minors and juveniles are analyzed.It is considered where it is better to interrogate minors and juveniles of different age groups in order to achieve the goal of interrogation and create comfortable conditions for the interrogated. It is clarified what tactics the investigator should use during the interrogation of minors.Some problems in the interrogation of minors in the course of investigative (search) actions are analyzed and conclusions on their solution are offered. Key words: interrogation, juveniles and minors’ interrogation, pre-trial investigation, juveniles and minors, investigator, time of interrogation.

UKRAINE AS A UNITARY STATE

The article analyzes the concept of a unitary state, considers decentralization in unitary states, and studies the views of various scientists on the processes of decentralization in unitary states. The most optimal form of government for Ukraine is determined to be a unitary republic with an expanded list of delegated powers to the regions. Key words: decentralization, deconcentration, devolution, delegation, unitarity, unitary state.

LEGISLATIVE GUARANTEES FOR CORRUPTION WHISTLEBLOWER`S PROTECTION

The article is devoted to the coverage of legislative guarantees for the whistleblowers`s protection in order to improve and develop national legislation regarding corruption prevention. Combatting corruption is an urgent issue for Ukraine today, as one of the reasons for the ineffective work of the state apparatus is corruption, the essence of which is that civil servants performancing their duties are endowed with public authority, which in combination with the unscrupulous performance of their official duties, leads to the fact that they have personal interests, which differ in content and direction from the primary tasks of the civil service as a whole. Corruption whistleblowers are a key factor in detecting corruption, and therefore they must be protected by guarantees at the legislative level. A legislative guarantees research of the whistleblowers` protection proves that such real protection can only be guaranteed by a separate special law that will create an effective mechanism for disseminating socially necessary information and will clearly prescribe legislative guarantees. The information disclosure of harm or threat to public interests is one of the most effective means of detecting and combating corruption and also serious economic offenses. In order to make the most of the benefits of disclosing information to the harm or threat to the public interest, there must be laws in the country that will provide whistleblowers with legislative guarantees not only for themselves, but also for their relatives. The main way to improve the legislative guarantees for the whistleblowers` protection is a promising draft act “On the protection of whistleblowers”. The adoption of the Law “On the protection of whistleblowers” will ensure the creation of a new effective system for preventing corruption on the basis of international standards, which will help in reducing the corruption level in the country, and thus – economic development and welfare. At the same time, it is promising to expand and clarify the regulations of the Criminal Code of Ukraine, which guarantee the protection of whistleblowers. Key words: corruption, anti-corruption, evidence, corruption whistleblowers, protection of whistleblowers.

PROBLEMS OF NORMATIV-LEGAL REGULATION OF CITIZENSHIP IN UKRAINE

The article reveals the concept of the category “legal regulation” and defines the essence of legal regulation of the institution of citizenship in Ukraine. It was found that the system of constitutional and legal norms governing citizenship is formed by the institution of citizenship, the sources of which are: the Constitution of Ukraine; current international agreements of Ukraine on citizenship issues, the binding nature of which has been approved by the Verkhovna Rada of Ukraine; laws of Ukraine; bylaws governing legal relations in this area. The essence of Ukrainian citizenship is studied, as well as the grounds for acquiring Ukrainian citizenship are determined. Problems concerning the legal regulation of the institution of citizenship are analyzed, in particular, in the part of dual citizenship, which need an immediate solution at the legislative level. At present, dual citizenship needs a balanced policy based on the objective trend of spreading this phenomenon in the context of globalization processes in Ukraine. Key words: legal regulation, normative-legal regulation of the institution of citizenship in Ukraine, citizenship of Ukraine, dual citizenship, national legislation.

COMPENSATION OF DAMAGE AS A TOOL FOR APPLYING CIVIL LIABILITY FOR CORRUPTION OFFENSES IN THE SECURITY AND DEFENSE SECTOR

The purpose of the article is to study the concept and legal nature of damages as a tool for civil liability for corruption offenses in the security and defense sector. The peculiarities of civil liability prosecution for violations of corruption in the security and defense sector are presented, the analysis is also carried out considering domestic anti-corruption legislation. In the process of problem analysis, the methods of scientific cognition were used as philosophical (general scientific) and special scientific one. Among the most important in the general scientific methods should be called dialectical and systemic ones. The use of the structural-functional method allowed to consider the types of obligations for damage compensation, to clarify their features and functional purpose. The comparative legal method is used in the analysis of a number of aspects of the problem. It is noted that today facing the growing threats of a military nature, acts of corruption cause significant damage, especially in the security and defense sector, and in such circumstances the state is responsible for protecting citizens who suffer property losses and need to protect their rights. Legislation on the prevention of corruption has changed significantly in recent years and there is a case law on the application of its provisions. According to the results of the analysis of the anti-corruption legislation of Ukraine, the authors pointed out the peculiarities of a civil servant prosecution, military official, other person performing public functions to civil liability for corruption offenses, which is resolved in court, as well as the damages compensation, moral compensation and other means of civil influence, as the most effective way to overcome the effects of corruption in the security and defense sector. It was found that in the case law on corruption acts the main consideration of cases and all court decisions were based on conclusions related to administrative or criminal liability for corruption offenses, and in civil cases, the provision on damage compensation caused by corruption and corruption offenses regarding the security and defense of the state, need further reformation. Key words: security and defense sector; civil liability; corruption offenses; offenses related to corruption in the security and defense sector; damage compensation; moral compensation.

ON THE FEATURES OF PROSECUTOR’S SUPERVISION OVER THE AUTHORIZED BODIES ACTIVITIES ON PROBATION

The article considers the main aspects of the features of prosecutor`s supervision over the authorized bodies activities on probation. The main positions of scientists regarding prosecutor`s supervision over the authorized bodies activities on probation are highlighted. The specifics of this institute are determined. Based on the analysis, it is proved that prosecutorial supervision is an effective means of ensuring compliance with the law in the execution of criminal penalties and probation in Ukraine. It is proved that According to Art. 2 and 26 of the Law of Ukraine “On the Prosecutor’s Office” in Ukraine provides supervision over compliance with the law during the execution of court decisions in criminal cases. Order of the Prosecutor General’s Office of Ukraine dated 03.08.2020 №353 “On the organization of prosecutors to monitor compliance with the law in the execution of court decisions in criminal cases, as well as in the application of other coercive measures related to the restriction of personal liberty”, to the main tasks of activity in this direction are supervision over observance of the legislation at execution of punishments not connected with imprisonment, and probation. It is determined that certain aspects of the activity of probation bodies are supervised. In the usual sense, surveillance is surveillance for protection, control, and so on. Prosecutorial supervision in our country is provided in accordance with the Constitution of Ukraine and the Law of Ukraine “On the Prosecutor’s Office” and other regulations of the General Prosecutor’s Office of Ukraine. It is established that at present, despite some previous reforms to exclude general supervision from the competence of the prosecutor’s office, the supervisory powers of prosecutors still remain significant, although they are limited mainly to the field of criminal proceedings. The importance of the supervisory functions of the prosecutor’s office at the European level is also being restored. In particular, this trend is explained by the need for larger surveillance and interception measures by the prosecutor’s office in the international arena, as there is a threat of the rapid spread of terrorism and organized crime. On this basis, it should be noted that it is appropriate to conduct further research on the activities of prosecutorial supervision of the specially authorized body for probation. Key words: prosecutorial supervision, prosecutor’s office, authorized bodies on probation, convict, criminal and executive system.

ON ISSUE CONCERNING TYPES OF OTHER CRIMINAL AND LEGAL MEASURES FOR JUVEMILES: NORMATIVE APPROACH

Much attention in society is given to the problem of the impact of criminal and legal measures on juvenile offenders but it does not lead to radical change. Juveniles often commit various types of criminal offenses related to drug use and violence. In the process of analyzing the Criminal Code of Ukraine and special literature in order to study the legal nature of other measures of criminal law applicable to minors, the following their types are investigated: coercive measures of medical nature, special confiscation and coercive measures of educational nature. In order to treat, improve the mental state, prevent committing of new offenses against minors, coercive measures of medical nature are applied. Namely they are: providing compulsory outpatient psychiatric care; hospitalization in a psychiatric institution with regular supervision; hospitalization in a psychiatric institution of intensive care; hospitalization in a psychiatric institution under strict supervision. Special confiscation is a compulsory, gratuitous seizure by a court of state property of money, property and other property and applies to a minor in general. Determining the type of coercive measure takes place in court and depends on the severity of the crime and other circumstances. Coercive measures of educational nature are measures aimed at educating minors, providing additional control over them and preventing from committing of new socially dangerous actions. Types of such measures are warnings; restriction of leisure and establishment of special requirements for minor’s behavior; transferring under the supervision of parents or persons replacing them, or teaching or work staff with their consent, or individual citizens at their request; imposing on a minor who has reached the age of fifteen and has property, money or earnings, the obligation to compensate for the property damage caused; referral of a minor to a special educational institution and appointment of a minor educator. Key words: juvenile criminal law, Criminal Code of Ukraine, coercive measures of medical nature, special confiscation, coercive measures of educational nature, punishment.

CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS IN DECISIONS REGARDING NON-COMPLIANCE OF LIFE IMPRISONMENT WITH THE REQUIREMENTS OF ARTICLE 3 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS

The article provides a legal analysis of the decisions of the European Court of Human Rights in such cases like “Vinter and Others v. The United Kingdom”, “Hutchinson v. The United Kingdom”. The European Court of Human Rights has established key standards for those sentenced to life imprisonment, compliance with which will ensure that this type of punishment meets the requirements of the Article 3 of the European Convention on Human Rights. Such standards are: 1) sentencing of life imprisonment is not prohibited and does not conflict with the Article 3 or any other article of the Convention. The imposition of “non-reducible” life imprisonment may raise questions of compliance with the requirements of the Article 3 of the Convention; 2) in decision making whether life imprisonment can be considered as “non-reducible”, it is necessary to establish whether the person convicted to life imprisonment had any prospect of release. If national law provides for the possibility of reviewing life imprisonment regarding its mitigating, reducing, terminating or releasing, this is sufficient to satisfy the requirements of th Article 3 of the Convention; 3) for the purposes of the Article 3 of the Convention it is sufficient that life imprisonment is reducible de jure and de facto; 4) European penitentiary policy is currently focusing on the correctional purpose of imprisonment, in particular until the end of long prison sentences; 5) at the very beginning of the sentence a person convicted to life imprisonment has the right to know what he must do to consider the possibility of his release and under what conditions the sentence will be reviewed or also in what order a request to this may be made; 6) if domestic law does not provide for any mechanism or possibility to review life imprisonment, then the non-compliance with the requirements of the Article 3 of the Convention occurs at the time of imposition of life imprisonment and not at a later stage. The importance of such standards separating of the European Court of Human Rights for the national theory and practice of life imprisonment is that these provisions are effective guidelines for determining the prospects of releasing from sentencing in the form life imprisonment. Key words: European Court of Human Rights, Convention for the Protection of Human Rights and Fundamental Freedoms, case law, convict, life imprisonment.