THE PRACTICAL APPLICATION OF THE CONCEPT OF ADVOCACY ETHICS AT THE PRESENT STAGE: CONTENT AND SIGNIFICANCE

the article States that the ethics of a lawyer is an important component of the legal ethics; stated that the legal profession has as its object the person, affects its interests, rights, private life, so the study of moral aspects and problems of advocacy is today of paramount importance; marked by such key concepts as morality, law, ethics, justice, duty, good, evil, conscience, responsibility, honor, dignity, humanity; noted that part of ethics, legal ethics is a scientific discipline whose subject is the manifestation of morality in justice and law enforcement; marked what is the value of legal ethics is that it gives the moral nature of the activities for implementation of justice, the implementation of the prosecutorial, investigative work and other activities carried out by professional lawyers; States that legal ethics contributes to the proper formation of consciousness, attitudes of members of the legal profession, focusing them on rigorous compliance with moral norms; stated that today is the actual context of the conversation separately about the ethics of judges, investigative ethics, ethics counsel; noted that the specifics of advocacy requires a balance in the service of a lawyer; noted, what legal ethics is designed to ensure the performance of lawyer's duties honestly, competently and in good faith, to form proper level of public confidence in the legal profession as a representative of civil society and personally to the lawyers; noted that the basis of the relationship of the lawyer and the client is trust; noted that the attorney has no right to own, not coordinated with the client the position of the defence, counsel should pay special attention to the client, who is in custody, fee practice a lawyer shall take into consideration a number of factors; the caveats regarding the prohibition resumania of participants in the process; indicate their objections against the wrong actions of the investigator or body of inquiry, the lawyer is obliged to clothe in a legal form and contribute to the formation of a respectful attitude to the court as a branch of government; provided that an advocate shall be prohibited to violate professional ethics, and the need to build relationships with colleagues in the profession on standards of decency and respect to help Junior colleagues; to respect the dignity, prestige and business reputation of other lawyers to form a decent line of their own positions and behavior and have compelling personal point of view.

MEDIATION IN ADMINISTRATIVE PROCEEDING: MYTH OR REALITY NOWADAYS

In legal life of the modern world common ways of resolution to the legal disputes (conflicts) are not always efficient, since, as a rule, interests and needs of the one side and sometimes even of the both ones are left unsatisfied. Appeal to the public authorities because of each law conflict results in overloading of courts and administrative authorities. Implementation of other alternative ways of resolution of legal disputes, for example, such as mediation, can be an option to improvement of justice access and to reduction of court overloading. The article is devoted to reviewing the peculiarities of implementation of the method of mediation in administrative proceeding. It reports on attributes of administrative law conflict and also on peculiarities of conducting the procedure of mediation. Scholarly works of domestic scientists such as Sydelnikov O. D., Krasilovska Z. V., Lysko A., Mazaraki N. A. and others have been devoted to this problematique. Mediation - is a consensual and confidential procedure extrajudicial settlements of conflicts, in which a mediator helps the sides to understand their interests and search efficient ways of achieving mutually acceptable solution. The sphere of administrative disputes is the most difficult for implementation of mediation procedure. It is specified by typical peculiarities for such disputes and also by legal nature of subjects of administrative legal relationship. Exactly because of this, some scientists refer to partial nonmediability of such disputes, as one of the side in this case is always an organ of public authority. Approaching a compromise between public authority and a citizen is a prioritized direction of state and local authority activity. The procedure of mediation can be applied only in certain administrative disputes. In this case it is possible to single out advantages of implementation of the mediation procedure in dealing with administrative law conflict, they are effectiveness, saving funds and time, speed, confidentiality, unloading administrative courts, embodiment the principle of service conception of the state, the principle of the rule of law and proper management.

HUMAN RIGHTS IN MODERN INTERNATIONAL RELATIONS: EVOLUTION OF DEVELOPMENT, PROBLEMS AND PROSPECTS

Introduction. At the present stage of development of the world political process, one of the main problems has been to ensure the effective operation of human rights protection mechanisms, both at the national and international levels. The main vocation of legal science in this area is to provide expert assessments of problematic issues and scientifically developed recommendations for improving the mechanisms of human rights protection in modern international relations and especially in crisis situations that have become almost permanent in the life of the world community. The purpose of this publication was to implement a retrospective analysis of the evolution of the development of legal consolidation of human rights at the international level and the thorny problems in this area. Summary of the main research results. Thus, this publication considers the main stages of human rights, highlights the main problems of development, outlines the place of human rights in modern international relations and presents the main characteristics of the challenges facing states in the implementation of cooperation in the field of human rights. Finding the specifics of human rights and identifying mechanisms for their formation is a separate problem for jurists. The legal aspect of enshrining human rights in international legal instruments is important in the context of modern reality. It is through the disclosure of this issue that it is possible to identify the main stages of the evolution of the consolidation of human rights in international law. Conclusions. The development of international legal consolidation of human rights has significantly influenced the evolution of international law as a whole. Under the influence of these processes, national sovereignty, as a basic principle of international law, began to take on new forms, and the individual acquired many features of international legal personality. Thanks to non-state rule-making, the sphere of consolidation and protection of human rights tends to self-development and constant adaptation to the changing needs of society in the social and moral spheres. Human rights are a cultural phenomenon that reflects the system of value orientations of a person rooted in a particular historical epoch and depends on the ideology of the world legal community. The problem of human rights, their protection from external and internal threats requires an immediate solution, making it a priority to consider legal issues among a wide range of global problems of mankind. At the same time, it must be emphasized that the democratic development of modern society and human rights are inextricably linked. This connection also implies that human rights must be recognized as legitimate as a result of democratic procedures, but outside the national legal systems there is a moral justification necessary to convince the subjects of international law that everyone, even outside the national legal system must enjoy all guaranteed rights and freedoms.

CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, PROTOCOL TO THE CONVENTION AND THE CASE-LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS AS A SOURCES OF SUFFRAGE IN UKRAINE

The article is devoted to the study of such sources of electoral law in Ukraine as the Convention for the Protection of Human Rights and Fundamental Freedoms, the first Protocol to the Convention and the case-law of the European Court of Human Rights. The legal nature of these international sources of suffrage in Ukraine is considered. Attention is drawn to the peculiarities of the wording of the right to free election in Article 3 the first Protocol to the Convention. The peculiarities of the application of the above article by the European Court of Human Rights are disclosed. The importance the case-law of the European Court of Human Rights as a source of suffrage in Ukraine is emphasized. This assertion is justified by the fact that the rules of the Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols are of a general and abstract nature and are interpreted and filled with real meaning in judgments of the European Court of Human Rights, which are of precedent nature. A number of legal positions of the European Court of Human Rights concerning the obligation of the state to organize and hold democratic elections, enshrined in the specific decisions of this international judicial institution, have been analyzed. In the article were covered such legal positions as: the possibility of limiting the suffrage of citizens, provided that such conditions do not interfere with the free expression of the people's opinion on the election of the legislative body; evaluation of the electoral legislation in the light of the political development of the country, taking into account national characteristics; wide discretion of the state in the choice of the electoral system, which will ensure the free expression of the opinion of the people, etc. There are a number of unresolved issues regarding the application of the case-law of the European Court of Human Rights in judicial and administrative practice in Ukraine, one of which is the possible conflict between the case-law of the Court and the rules of Ukrainian law. It is proposed to resolve this conflict at the legislative level. The conclusions focus on the peculiarities of the legal nature of these sources of suffrage in Ukraine. KEY WORDS: sources of suffrage, Convention for the Protection of Human Rights and Fundamental Freedoms, case-law of the European Court of Human Rights, right to free elections.

AN ATTEMPTS OF THE LEGAL CONSIDERATION OF RUSSIAN AUTHOCRACY’S INTERESTS DURING THE WORK ABOUT THE «RULES WICH MALOROSSIAN PEOPLE USING FOR COURT», 1743

The article is devoted to the historical and legal study of the attempts to secure the legal interests of the Russian autocracy in the course of codification work on the drafting of the project "Rights judged by the Little Russian people" in 1743. The text of the monument itself and other historical sources as well as scientific literature are analyzed. topics. It is emphasized that already in the first half of XVIII century. the imperial government set itself the goal of achieving a rapprochement, and in the future, of unifying the legal system of the Hetmanate and Russia. It was for this purpose that a codification commission was created in its first composition in 1728. Decrees of the Government of the Russian Empire in 1728 and 1734 pp. she was granted the status of a state body, and her work was the nature of official systematization of the current legislation in the Hetmanate in the form of codification. It was found that the imperial government, through its representatives in Ukraine, as well as through its higher bodies, the College of Foreign Affairs and the Senate, closely followed the work of the Commission and often issued decrees to hasten the drafting of the Codex. Attention is drawn to the vivid attempts to secure the legal interests of the Russian autocracy in the course of work on the rights under which the Little Russian people are being judged, which, in particular, were found in the chapter "On the highest honor and power of the monarchy." It was here that the prerogatives of the "high-monarchic estate" were enshrined, which apparently constituted a borrowing from the legislation of Peter I and some other sources of law. It was emphasized that during the course of the codification work, which had been carried out for fifteen years and ended in 1743, the Russian autocracy had not been able to fully realize its purpose and impose a code on Ukraine, the norms of which would fully copy the relevant rules of imperial law. Contrary to the task, it still largely reflected the legal norms that existed in the current jurisprudence or in the social consciousness of the overwhelming majority of the elite of the Ukrainian population. In "Rights ..." the most clearly defined are those privileges, to which the Cossack elders and nobles have so eagerly sought legal legitimacy for several decades. That is why the draft code was not officially approved and was buried in the imperial archives.

OVERCOMING LEGAL NIGILISM, RESOLUTION OF LEGAL CONFLICTS AND RESTRICTION OF LAW ABUSING- VALIDITY BASIS OF LAW FORMATION

The aim of the article is to investigate the reasons of legal nihilism and abuse of law origin, to find the optimal ways of overcoming these negative legal phenomena and, as a result, to solve legal conflicts in the activity of state authorities and local self-government, their officials, providing recommendations on introducing liability for law abusing. The process of establishing respect to the law is primarily connected with overcoming legal nihilism, legal conflicts and abuse of law limitation. Legal nihilism retards the decent development of the legal system, encumbers the access of society members to legal values and becomes a serious obstacle on the way of the formation of civil society. Specificity of any legal conflict lays in the fact that is its features and peculiarities are shown, seen and characterized from the position of law, specific legal norms and their requirements, decrees, orders to be perceived and evaluated differently by subjects of law A sense of respect together with legal awareness allows a person logically, reasonably, rationally evaluate and find the most suitable way of behavior and legitimate actions. When manifesting real respect here operates one of the important legal principles of civil society - respect for the rights and freedoms of others as their own. This principle is based on the necessity to keep away from any actions (inaction) so directly or indirectly worsening social or legal status of an individual. We mean here exclusion of not only unlawful actions, but also the facts of rude misuse of law. Factors of rude misuse of law are real assets of law practice, therefore, when understanding problems related to the establishment and development of legal awareness, legal culture, and respect for the law, it is necessary to consider the fact that legislation doesn`t forbid to do evil and is the abuse of law in its purest form. And it cannot be avoided, since law shouldn`t be ubiquitous, otherwise a person would be completely deprived of freedom. However, a civil society, betaking spiritual and moral potential capabilities, can create a certain exclusion zone for people challenging law abusing.

THE CONSTITUTIONAL AND LEGAL BASES OF COUNTERACTING BULLYING IN UKRAINE

The article describes bullying as a constitutionally legal tort that violates fundamental human rights. It has been identified that bullying is a conflict that occurs among adolescents in the process of fighting for authority and leadership. Given that the established administrative responsibility for the commissioning of bullying does not give an effective result in counteracting this phenomenon, it is proposed to bring the counteraction of bullying to the constitutional and legal level. To this end, it is proposed to amend the National Human Rights Policy Framework and the National Strategy on Human Rights accordingly. It is emphasized that the legal policy of the state should be aimed at eliminating the causes and conditions of the emergence of bullying, so that not only domestic violence should be combated, but also the growing generation should be educated in the spirit of respect for human rights. The study proposes to supplement Article 173-4 of the Code of Administrative Offenses of the "Bullying (harassment) of a participant in the educational process" as a qualifying characteristic of a person with disability, since in 50% children become victims of bullying because of their appearance, including through physical disabilities. It is noted that in Ukraine both public authorities and public organizations are engaged in counteraction to bullying. A special role is assigned to the Ministry of Justice of Ukraine, which conducts preventive work, which includes lectures, trainings, development of campaign materials, videos, organization of the All-Ukrainian Week of Countering Bullying. It is proposed to introduce the practice of "logging" cases of bullying at school to describe the situation; attention should be paid to educational programs for teachers regarding the overall study of the issue of bullying; conduct informative discussions with parents about bullying; deliver lectures / trainings with the involvement of a school psychologist to counter bullying. Organizing leisure activities for teenagers is also a sufficiently effective way of preventing bullying, creating free sports sections contributes to channeling adolescents' energy into a peaceful channel. The state's legal policy should be directed not at punishing the aggressor, but at preventing bullying.

RIGHT TO A DECENT LIFE OF THE OLDER PERSONS AND THE PROBLEMS OF HIS PROVISION

The article notes that there has been a steady increase in the proportion of the elderly in all regions of the world in recent years, especially distinguished by this characteristic Europe, similar changes are taking place in Ukraine. The agenda of intergovernmental and non-governmental international organizations raises the question of shaping society's attitude to its oldest members as a source of wisdom and experience, recognizing the importance of their contribution to the development of various spheres of public life. At the global and European level, a system of normative acts is being formed aimed at ensuring the enjoyment of fundamental rights and freedoms of the elderly, preventing discrimination on the basis of age and disability, and formulating public policies to promote maximum active and healthy aging. It is emphasized that an understanding of a “decent life” is not limited to the availability of a certain level of material wealth and the availability of social services. Equally important for the elderly is the opportunity for as long as possible (but in accordance with their own desire) to continue working, communicate in a professional environment, maintain a sense of self-importance and need, as well as to receive education. The need for special attention from the state is due to the particular vulnerability of the elderly, in particular, in the conditions of being a client of social institutions and / or in the presence of negative changes in health. The analysis of the Ukrainian social legislation gives grounds to claim that our country does not stand aside from global trends and pays considerable attention to the development of legal norms for improving the quality of life of elderly people. The activities of the Commissioner for Human Rights, the Ministry of Social Policy of Ukraine, employment agencies and public organizations also contribute to this. Much of the work of social workers has to do with the care of the elderly, so it is important to provide quality social services, to build a consciously respectful attitude towards the honor and dignity of social service clients, and to empower older generations to live the lifestyle they desire. Establishing and applying in Ukraine a system of standards for determining eligibility and provision of social services, establishing adequate care payments for the elderly, as well as bringing European standards to the standard of other types of social welfare payments that will contribute to improving the quality of life of the elderly .

CONSTITUTIONAL CHANGES IN UKRAINE IN SHERE OF DECENTRALIZATION: DO WE NEED THE FRENCH EXPERIENCE?

The experience of the French Republic in the sphere of state construction has influenced significantly on the development of state and municipal institutions of the independent Ukrainian state. It was in 1996 when the Constitution of Ukraine accepted the French municipal governmental form as a mixed (presidential-parliamentary) republic. The existing system of regional governance in Ukraine largely calqued the French model of regional governance. Of course, it can`t be insisted that Ukraine has borrowed fully the model of cooperation between local authorities and state authorities, but we can undoubtedly see many features in common. Mention should be made that the process of decentralization and municipal reforms is being continuing both in Ukraine and France. We consider it to be a natural process of searching of an optimal and effective model of regional governance, the purpose of which is to find a harmonious balance between the local self-government and public administration. Therefore, we find it important to investigate and analyze the evolution of the formation and development of local self-government institutions in Ukraine and France in the context of decentralization reform and municipal reforming. France has gone a long way of searching an effective model of regional governance, where powerful and effective local self-government occupies a key position today. Systemic and comprehensive reforms in France in this sphere are characterized by logical changes and understandable reform paradigm - from centralization of power to its decentralization (after the reform of 1982). In Ukraine, on the contrary, there doesn`t exist a systematic approach and there are no strategic approaches to understanding the algorithm for the implementation of decentralization processes and the reformation of the local- government system. Therefore, in this context, the positive experience of France should be taken into account in Ukraine on its the way towards self- government decentralization and implementation of the municipal reform in order to become a reliable foundation for the development of a democratic and legal Ukrainian state. France has a considerable experience in the activities of prefects as state representatives in regions, while the legal status of the prefect has changed significantly since the reform of 1982. The introduction of the institution of prefects in the constitutional field of Ukraine has a lot of nuances, taking into account the concern regarding the establishment of possible total control over the activity of local self-government bodies and officials.