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The article carries out a complex theoretical and legal analysis of transfer as a form of realization of the right to work by civil servants in Ukraine. In particular, the legal grounds, procedure and consequences of the transfer of civil servants are investigated, taking into account the regulatory framework and the practice of applying the current legislation. The main attention is paid to the study of the features of the transfer, its impact on the labor rights of civil servants, as well as ensuring the effectiveness of the functioning of state authorities. The relevance of the study is determined by the need to improve the legal regulation of labor relations in the field of public service, increase the requirements for professional mobility and adaptability of civil servants in the context of reforming the state apparatus of Ukraine. The scientific novelty of the work consists in the definition and systematization of the legal basis for the transfer of civil servants, the analysis of their compliance with international standards and practice, as well as in the development of recommendations for improving legislation in this area. The article highlights the main forms and types of transfer of civil servants, examines in detail the legal grounds for the transfer, in particular, initiation by the head of the civil service, reorganization and liquidation of state authorities, the need to avoid the subordination of relatives, etc. Particular attention is paid to the analysis of the impact of the transfer on the material situation, career development and realization of the right to work of civil servants. It was found that the transfer to a lower position, although not defined as a significant change in working conditions, actually leads to significant changes that require additional legal regulation and protection of employees' rights. Clear criteria and transfer procedures are proposed, which take into account both service needs and the rights and interests of civil servants themselves. An important place in the work is the analysis of the international experience of the legal regulation of the transfer of civil servants, in particular the models used in the countries of the European Union. The possibilities of adapting such models to Ukrainian realities in order to improve the efficiency of the civil service and protect the labor rights of civil servants have been studied. On the basis of the conducted research, a conclusion was made about the need to improve the legislation in the field of transfer of civil servants, to ensure the transparency and fairness of this process, as well as to create effective control mechanisms for compliance with the relevant procedures. The proposed recommendations can be used for further reform of the civil service system in Ukraine, contributing to increase its efficiency and the professional level of civil servants. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of legal regulation of the right to access to environmental information under the legal regime of martial law based on the analysis of international and national legal acts. The authors emphasise the particular negative impact of military operations on the condition of the environment. The authors point out the need to record these negative consequences and properly inform the public about them. The authors state the problem of the simultaneous need to protect national security and the right of citizens to environmental information. It is noted that national legislation not only enshrines the right of citizens to have access to environmental information, but also directly establishes the corresponding obligation of authorised entities to provide environmental information. The article analyses the Aarhus Convention and the possibility of denying access to environmental information for the purposes of national defence or state security. Attention is paid to international experience in ensuring access to information on the condition of the environment during armed conflicts. The authors conclude that the right to access to environmental information is an integral part of the right to a safe environment and is a basic right of every person guaranteed by both national and international law. However, under the legal regime of martial law, strategic information, which may include environmental data, can be used by the enemy. This requires a cautious approach to what information can be made available to the public and how to ensure security without limiting the right to environmental transparency. Although the current Decree of the President of Ukraine 'On the Implementation of Martial Law in Ukraine' does not provide for any specific restrictions on the right to environmental information during a special period, the state faces the need to balance the necessity to ensure national security and environmental human rights, preserve the environment and take effective actions to reduce the negative environmental impact of the war. [ABSTRACT FROM AUTHOR]

Based on the monitoring of the Ukrainian Parliament Commissioner for Human Rights, the article reveals the state of observance of labour rights of civilian hostages. The article identifies problematic issues that obstruct the realisation of these rights of persons who have been deprived of their personal liberty as a result of armed aggression. It is noted that the Geneva Convention relative to the Protection of Civilian Persons in Time of War prohibits the taking of hostages. Failure to comply with the principles of international humanitarian law by representatives of the Russian Federation leads to the inability to ensure the protection of civilian hostages in accordance with international norms due to the unresolved nature of this issue. The Russian Federation, despite international norms, keeps such persons in captivity, does not notify them of their detention, does not provide them with the appropriate status, as a result of which the detained person cannot appeal against his or her detention, has no opportunity to report it. According to international standards, victims of enforced disappearances have the right to compensation from the state, which provides them with the maximum possible rehabilitation. It is noted that the protection of the constitutional rights of civilian hostages is provided for by the Law of Ukraine “On Social and Legal Protection of Persons in respect of whom the deprivation of personal liberty as a result of armed aggression against Ukraine and members of their families has been established”. In addition, it is noted that civilian hostages have the right to keep their jobs, but the law does not provide for the payment of wages. The article establishes that it is impossible to properly exercise the labour rights of employees who have become civilian hostages guaranteed by the Constitution of Ukraine. The emphasis is placed on the legislative gaps that do not allow civilian hostages to exercise the guaranteed right to credit their insurance period. The article provides for the crediting of insurance periods to civilian hostages, which affects social guarantees and, subsequently, the level of pension provision. Due to the uncertainty of the payer of the unified social contribution, such credit is not given for persons in respect of whom the deprivation of personal liberty as a result of armed aggression against Ukraine has been established. Deprivation of personal liberty is the basis for postponement or extension of annual leave and is also included in the length of service that gives the right to annual basic leave. Civilian hostages are additionally entitled to a one-time voucher to maintain their competitiveness in the labour market through retraining, specialisation, advanced training, and education in professions and specialities for priority economic activities. It is found that the problem of civilian hostages is closely related to the problem of missing persons. It is proved that there is a need to expand the labour rights of civilian hostages by guaranteeing the payment of wages.

The article is devoted to an in-depth analysis of the principle of cassation appeal in the administrative proceedings of Ukraine, its legal nature, significance, and place within the administrative law system. The author emphasizes that cassation appeal is an important component of the right to access justice, enshrined both in the Constitution of Ukraine and in international legal acts such as the Convention for the Protection of Human Rights and Fundamental Freedoms. The article examines in detail the evolution of legislation regarding cassation appeal, particularly the changes introduced in 2020 by Law of Ukraine No. 460-IX, which significantly affected the possibilities of appealing to cassation courts. Special attention is paid to the analysis of the new requirements for cassation appeals, which impose stricter conditions for filing cassation complaints. The author explores the so-called «cassation filters,» which were introduced to screen out appeals that lack significant legal merit, which on one hand reduces the workload on cassation courts, but on the other hand limits access to justice for certain categories of individuals. The article also highlights the problematic aspects of applying these filters, especially in minor cases and simplified proceedings. The practice of the European Court of Human Rights regarding cassation restrictions and their compliance with the principle of a fair trial, as enshrined in Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, is analyzed. The article cites specific rulings of the European Court of Human Rights, which define the permissible limits of cassation appeal restrictions and the requirements for «cassation filters» from the perspective of international law. The study of this issue is extremely important given that legislative shortcomings may lead to an increase in applications to the European Court of Human Rights. A number of recommendations for further improving the cassation appeal mechanism are proposed, including ensuring greater transparency in determining the grounds for cassation review and guaranteeing equal access to the courts for all participants in the process. The emphasis is placed on the importance of maintaining a balance between the efficiency of the judicial system and the citizens' rights to defend their interests in court. [ABSTRACT FROM AUTHOR]

The results of the monitoring of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine regarding compliance with the labor rights of persons with the status of persons who have disappeared under special circumstances are presented. The actuality of the topic is due to the fact that ensuring compliance with the constitutional rights of citizens, primarily citizens who need additional social protection, is a priority of the state. Attention was drawn to the fact that the observance of such rights, especially in the conditions of martial law, is an important aspect of state policy. The purpose of the article is to analyze the legislation regulating compliance with the labor rights of civilian employees who are missing due to military aggression by the russian federation. Achieving the outlined goal became possible thanks to the use of a complex of methods of scientific knowledge: dialectical, comparative-legal, formal-logical, systemic-structural. On the basis of the conducted analysis, it was established that the legal norms that guarantee the preservation of the labor rights of the investigated category of employees are imperfect, which prevents the proper realization of the constitutionally guaranteed labor rights of employees who are missing. It has been established that there are different approaches to ensuring the labor rights of civilian employees depending on the position. It was established that the absence of a clear list of persons authorized to perform state functions makes it impossible to determine a complete list of such persons. The role of the Ombudsman of Ukraine in observing the labor rights of the specified category of persons is emphasized. The imperfection of the mechanism of informing the owner of the Register of missing persons of the employer about the acquisition of such a status by the person was noted. It has been established that in the absence of a missing person, the employer is unable to pay wages to the relatives of the missing person, and there is no order among relatives in the possibility of receiving wages. On the basis of the conducted research, conclusions were formulated regarding the gaps in the legislation, which lead to the violation of the labor rights of the specified category of citizens. On the basis of the received conclusions, in the future, proposals for normative legal acts may be formulated with the aim of restoring the violated constitutional rights of the missing persons, as well as their family members and relatives.

It is indicated that in the process of the formation of Ukraine as a state with a developed market economy and the evolution of the civil service according to the European model, as a politically neutral apparatus of professional workers in state authorities, an urgent question for research remains the appeal to the positive foreign experience of the organization of the civil service, and especially - to the experience of exercising the right to work by civil servants. The article provides a thorough analysis of the legislative mechanisms of the Republic of Lithuania that regulate the labor rights of civil servants. The specifics of Lithuanian labor legislation have been studied, in particular the provisions that ensure effective protection of the rights and interests of civil servants, as well as contribute to increasing the efficiency of civil service. The article examines in detail the main aspects of Lithuanian legislation related to the right to work, working conditions, social guarantees and protection against discrimination. In particular, the mechanisms of ensuring equal opportunities, professional development, as well as improving the qualifications of civil servants are analyzed. The study focuses on effective practices that contribute to reducing the level of bureaucracy and increasing transparency in the civil service. The author gives a number of concrete ways of borrowing the positive experience of the Republic of Lithuania to the national labor legislation. Proposed measures include the implementation of transparent employment procedures, improvement of the system of motivation and performance evaluation of civil servants, as well as ensuring stable working conditions and social guarantees. Attention is also focused on the need to adapt the best practices from the Lithuanian experience to national realities, taking into account the specifics of the national legal system. The author offers practical recommendations for reforming the national labor legislation, which can significantly increase the efficiency and transparency of the civil service in Ukraine. Borrowing the positive experience of the Republic of Lithuania can become a key factor for improving the working conditions of civil servants, which, in turn, will contribute to improving the quality of public administration and meeting the needs of citizens. [ABSTRACT FROM AUTHOR]

The article examines the theoretical and legal aspects of the operation of law during martial law in Ukraine, which arose in connection with Russian aggression in 2022. The author analyzes the constitutional foundations and peculiarities of the operation of law under martial law, and examines the peculiarities of legislation and its application in Ukraine. Particular attention is paid to restrictions on constitutional rights and freedoms of citizens under martial law, such as freedom of movement, the right to peaceful assembly, and others. The article contains proposals for improving the legal regulation of martial law in Ukraine in order to ensure national security and protect the rights and interests of citizens. In continuation of the analysis of the theoretical and legal aspects of the operation of law during martial law in Ukraine, the article examines the mechanisms of institutions responsible for implementing legislation in times of crisis. Particular attention is paid to the role of the authorities in ensuring compliance with the rights and obligations of citizens during martial law, as well as the importance of defining procedures and control over the restriction of constitutional rights and freedoms during this period. Additionally, the article analyzes international experience and standards in this area in order to offer recommendations for improving Ukraine's domestic legislation in the context of protecting the rights and freedoms of citizens during martial law. Such an approach is aimed at ensuring national security and ensuring law and order in a crisis situation arising from aggression. The main task of law during martial law is to ensure national security and protect the rights and freedoms of citizens. However, this must be done in compliance with the basic principles of the rule of law, including transparency, legality, proportionality of measures and guarantees of judicial protection of citizens' rights. Only such an approach will ensure the effectiveness of management measures in a crisis situation, while preserving the basic values of the legal system. [ABSTRACT FROM AUTHOR]

This article is devoted to analyzing the classification of signs of the right to work of civil servants. In modern society, the right to work for public servants is a key element in ensuring effective public service. The classification of the signs of this right is important for determining the duties and responsibilities of civil servants. In particular, this may include aspects such as professional qualifications, level of education, work experience, knowledge of legislation, and ethical standards. The specificity of the right to work for a civil servant is the existence of a valid contract that defines the terms of employment and the obligations of the parties. An important aspect is the ability to interact and cooperate with colleagues and senior managers, which contributes to building an effective work team. It is expedient to summarize that the classification of signs of the right to work of civil servants is a relevant topic of research, which allows a better understanding of the main aspects and requirements for the activity of this category of employees. The study of this issue can be useful for improving the system of management of civil servants and increasing the efficiency of public administration as a whole. The author analyzed the approaches of other scientists regarding the analysis of this or that aspect of the right to work of civil servants in the conditions of the European integration of Ukraine, as well as certain features or features of this legal phenomenon. Criticism of certain positions of scientists is provided, and the author's own position is substantiated. The norms of current legislation (both constitutional and special) relating to the issue of the right to work of civil servants are given. The need to update and improve the current legislation in the specified a rea was emphasized. The author of the article concludes that his proposed system of classification of the signs of the right to work of civil servants allows for a more thorough investigation of this problem. The scientist has examined in detail the essence and meaning of each of the mentioned general and special features of the right to work of civil servants. [ABSTRACT FROM AUTHOR]

The article is devoted to analysis and general description of legal framework for ensuring observance of rights of undertakings during inspections of the bodies of the Antimonopoly Committee of Ukraine (the "AMCU"), considering provisions of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Improving Legislation on the Protection of Economic Competition and Activities of the Antimonopoly Committee of Ukraine" No. 3295-IX dated 9 August 2023 (the "Law No. 3295-IX"), which initiated the antimonopoly reform in Ukraine. The article analyses the main changes introduced by the Law No. 3295-IX in terms of conduct of inspections of undertakings and certain procedural actions (seizure, arrest of property, etc.) by the AMCU's bodies, and provides a general assessment of these changes from perspective of ensuring observance of rights of undertakings during exercise of investigative powers by the AMCU's bodies. Following analysis of the above law, it is concluded that it significantly altered the rules for conducting inspections of undertakings and related procedural actions by the AMCU's bodies and, in general, changed them for the better in terms of ensuring observance of rights of undertakings. The most significant positive development is that after entry of the Law No. 3295-IX into force (1 January 2024) inspections, access to premises, other possessions, other places of information storage owned and/or used by undertakings, and/or performance of certain procedural actions in the form of examination, sealing, seizure of property, and arrest of property by the AMCU's bodies should be subject to prior authorisation by the commercial court. The AMCU's bodies, in turn, are required to provide sufficient justification of the need for inspections and the above-mentioned procedural actions, so that the latter could be authorised by the court. The need to obtain prior authorisation from the commercial court to conduct inspections of undertakings and procedural actions such as seizing, imposing arrest on property, etc. in theory should prevent unjustified interference of the AMCU's bodies in operational activities of undertakings and contribute to ensuring observance of their rights to a greater extent compared to situation when commercial courts would continue to carry out only ex post control over legality of inspections of the AMCU's bodies and their procedural actions. Time will show whether the above idea will find its practical implementation and to what extent. As the AMCU's bodies utilize the investigative toolkit provided to them by the Law No. 3295-IX, time will also reveal imperfections and problematic aspects of the new legal regulation of inspections and procedural actions by the AMCU's bodies in part of ensuring observance of rights of undertakings. [ABSTRACT FROM AUTHOR]

The coordination function of the State in combating corruption is the level of manifestation of the State influence in social relations and the main activity of the State, which consists in coordinating actions between different elements of the State apparatus in combating corruption, in coordinating actions between the State apparatus and non-governmental actors of the social system, in streamlining social and public administration relations, directing them towards achieving common goals or interests, and in which the method of direct imperative control is used rather than the method of coordinating actions in relation to based on common interests and/or competencies, in accordance with the principle of striving for ideal performance. Anti-corruption activities can only be effective if the principles of coordination of anti-corruption actors are established at the regulatory level and the principles of administrative and legal support for coordination of anti-corruption actors are established, which is due to the need for quick and complete coordination and its effective implementation. The need to study the principles of administrative and legal regulation of the State’s coordination function in combating corruption is due to the existence of gaps in the theoretical plane of law cognition and limited scientific substantiation. That is why the issues related to administrative and legal regulation of the State’s coordination function in combating corruption are relevant for research, and its principles are among the key ones in this context. In general, the coordination role of the state is hardly ever considered through the prism of principles. Given the extremely low level of scientific attention to the issue of administrative and legal support for the coordination of anticorruption actors, its essence, features and directions, one of the priority tasks should be to define a system of principles of this institution as the basic and initial idea of the entire system of state influence on social relations. Even today, the principles of administrative and legal support for the coordination of anti-corruption actors are not yet considered fundamental categories, as many scholars still perceive them in the abstract and separately from practical activities. [ABSTRACT FROM AUTHOR]

The article is devoted to examination of the practice of the Constitutional Court of Ukraine (the “CCU”) and the Supreme Court (the “SC”) regarding their perception and application of the practice of the European Court of Human Rights (the “ECHR”) on autonomous interpretation of the term “criminal charge” for the purpose of protecting human rights under the Convention for the Protection of Human Rights and Fundamental Freedoms (the “Convention”), to which Ukraine is a party, and equating the decisions of competition authorities to “criminal charges”, in part of equating administrative proceedings of the Antimonopoly Committee of Ukraine (the “AMCU”) on holding undertakings liable for infringements of Ukrainian antimonopoly legislation to criminal proceedings in part of requirements for protection of rights of undertakings. Analysis of the CCU’s practice shows that it generally accepts and applies the ECHR’s practice on equating certain administrative proceedings to “criminal” ones within the meaning of the Convention and extending criminal law guarantees to these proceedings. The CCU has not yet formed a position specifically with respect to criminal сharacter of the AMCU’s proceedings. At the same time, the ССU’s positions developed considering the ECHR’s practice, stating that criminal law principles and guarantees should apply to administrative proceedings concerning violations of customs rules, and the references made by the CCU to one of the most well-known ECHR’s decisions on extending “criminal charge” to a decision of competition authority on imposition of a fine for violation of competition laws – A. Menarini Diagnostics S.R.L. v. Italy, when substantiating these positions, allow to assert the likelihood of the CCU equating the AMCU’s administrative proceedings to criminal ones in part of requirements for protection of rights of undertakings, when this issue arises before it. As for the Supreme Court, questions about application of the Engel criteria to the AMCU’s proceedings on enforcement of antimonopoly legislation increasingly arise before it. Undertakings seek the SC’s conclusions on application of these criteria to the AMCU’s proceedings. The SC has been reluctant to form such conclusions and has denied their formation thus far. The SC’s practice, where it recognized the AMCU’s proceedings as criminal ones for the purpose of protecting rights of undertakings, is currently absent. Therefore, one can only wait to see how the SC’s practice on this issue will develop in the future. [ABSTRACT FROM AUTHOR]

The article summarizes the reasons for unconstitutionality in the decisions of the Constitutional Court of Ukraine, including by analyzing the institution of a constitutional complaint. It is motivated that the doctrine of constitutionality represents the idea of supremacy of the constitution over any other normative acts, excludes the possibility of adopting or applying norms that correspond to the Constitution. This principle is an advantage for ensuring the rule of law, observing legality and guaranteeing the rights and freedoms of citizens, and also serves as a mechanism for controlling the actions of the authorities and ensuring the stability and reliability of the legal system. The essence of the principle of constitutionality is represented by the fact that all laws, regulations and actions of authorities must comply with the norms and principles enshrined in the country's constitution, since the latter is the main and important legal act that establishes the framework and principles of the functioning of the state, limiting the actions of the authorities and guaranteeing rights and freedoms of citizens. Unconstitutionality is interpreted as a state of non-compliance with provisions, principles or norms established in the country's constitution. The important legal essence of recognizing such a phenomenon as unconstitutional is that such acts may be annulled, lose their validity, or require changes to comply with constitutional norms. It is indicated that the concept of unconstitutionality is important for ensuring compliance and protection of the principles and norms enshrined in the constitution and guarantees the hierarchical status of the legal system in a democratic state. The grounds used by the Constitutional Court of Ukraine to recognize the unconstitutionality of some provisions of normative legal acts in cases of constitutional complaints are summarized: unjustified deprivation (restriction) of a certain constitutional right; violation of the principle of the rule of law, especially in the context of the lack of legal certainty in the norms of the law. It is indicated that the principle of the rule of law imposes obligations on the law-making body to establish clear, understandable, unambiguous and provide for legal regulation of social relations, which is key in ensuring the stable legal position of each person and in order to avoid renouncing the obligations assumed by the state. [ABSTRACT FROM AUTHOR]

The article attempts to comprehensively determine the legal nature of the institution of a constitutional complaint in the doctrine of constitutionalism. It is indicated that the legal nature of the constitutional complaint is based on the principles of constitutional law and the rule of law, and acts as an important means of legal protection of the constitutional rights and freedoms of citizens. It contributes to ensuring the principle of the rule of law, legal authority and control over compliance with the norms of the Constitution. A constitutional complaint is important in ensuring the constitutional order and functioning of the country's legal system. It is noted that constitutionalism promotes the development of democratic principles, including the principles of representative power, citizen participation in making important decisions, and the development of civil society. The Constitution is the main law that provides legitimacy and legal foundation for the activities of state authorities. The basis of the doctrine of constitutionalism is the assumption that the government has the potential to abuse and violate the rights of citizens, therefore it sets itself the task of limiting the power by clearly defining the competencies and duties of various branches of government, as well as establishing mechanisms for monitoring their implementation. It is motivated that the renewal of the mechanisms of constitutionalism is manifested in the fact that, unlike the classical model, where only state bodies had the right to appeal to the Constitutional Court, states now often grant individuals the right to question the constitutionality of a normative or individual act. It was determined that the legal nature of constitutionalism is manifested in the fact that a constitutional complaint is characterized by the following: acts as a control mechanism on the part of civil society; is a means of achieving the principle of justice, which is the main guarantee of democracy and the rule of law; the doctrine of anthropocentrism is represented, which means an emphasis on the person, his rights, freedoms and interests; endowed with the potential to support the high level, permanent importance of the Constitution in the legal system; embodies the requirement of proper legal certainty of legal norms. [ABSTRACT FROM AUTHOR]

The article contains a comparative analysis of constitutional regulation of the right to entrepreneurial activity in Poland, Romania, Slovakia and Hungary in part of general enshrinement of this right and foundations of state protection of competition within entrepreneurial activities, determination of common trends of such regulation and its comparison with Ukrainian one. The comparative analysis indicates that in all the examined foreign countries (Poland, Romania, Slovakia, and Hungary) the right to entrepreneurial activity is directly constitutionalized. Although the ways of its enshrinement differ, there is similar prevailing approach of establishing the freedom of entrepreneurial activity and regulating its exercise subject to conditions/restrictions set by law. Similar approach towards general enshrinement of the right to entrepreneurial activity is also applied in Article 42(1) of the Constitution of Ukraine. Another feature of the examined EU member states is the elevation of protection of competition within entrepreneurial activities to the constitutional level. This trend is common to all the examined countries. The level of detail inherent to provisions regarding protection of competition in the constitutions of Poland, Romania, Slovakia, and Hungary varies, however, their overall direction is similar. It comprises taking responsibilities on protection of competition by the state, followed by determination of specific ways of such protection. A specific feature of the Constitution of Poland is that it contains a provision that any monopoly shall be established by means of statute. Similar provision is in place in Article 42(3) of the Constitution of Ukraine, which states that types and boundaries of monopoly shall be determined by law. Based on the research results, it is concluded that, overall, trends and tendencies in regulating entrepreneurial activity in part of general enshrinement of the right to such activity and state protection of competition during its conduct, which are inherent in the constitutions of the examined EU member states, have been implemented in the Constitution of Ukraine. [ABSTRACT FROM AUTHOR]

The article examines certain aspects of the legal protection of police officers. In particular, attention was paid to important aspects regarding the right to protect the honor and dignity of a police officer. It is noted that one of the important and necessary state institutions in modern conditions is the National Police of Ukraine, which occupies one of the key positions, performing the function of law enforcement agencies and performing a fairly wide range of tasks to protect the rights and freedom of citizens, therefore the legal protection of employees of this value plays an important role role in the institution. However, to date, the legal protection of police officers remains an unsolved problem that creates obstacles to the development and establishment of stability in society. When analyzing the current national legislation in the field of legal protection of employees of the National Police of Ukraine, it was established that despite the large number of normative legal acts that regulate the legal protection of law enforcement officers and their family members, attention is drawn to the declarative nature of the norms and the optionality of their implementation, as well as the lack of a unified approach to the legal regulation of social protection of the studied category of employees. As a result, despite the fact that the legal protection of employees of the National Police of Ukraine is provided for by a number of normative legal acts, many issues remain unresolved, especially in modern conditions. It is noted that despite a number of positive changes regarding the reform of the police system in Ukraine, it is necessary to pay more attention to social and legal protection and gaps in the national legislation, the elimination of which will give a chance to ensure the full functioning of the newly created and reformed units of the National Police of Ukraine. The task of reform is primarily to ensure consistency between tasks and functions, structure and personnel, and resource provision. Among other important issues is the fair remuneration of Ukrainian police officers, because the safety of citizens and the level of crime detection directly depend on their motivation. Therefore, their payment must correspond to modern threats and realities, ensure stability, and only the law can guarantee this. [ABSTRACT FROM AUTHOR]

The issues inherent in democracy are at the intersection of many social sciences, such as sociology, philosophy, political science, and, surely, jurisprudence. Jurisprudence has the scientific arsenal which contains a unique tool to study any social processes and phenomena-the theory of legal relations. From the perspective of the theory of legal relations, any phenomenon or process is viewed through the prism of the subject-object connection which emerges, changes or ceases on the basis of legally defined circumstances (or the totality, the state of such circumstances) and is characterized by the presence of specific content - reciprocally corresponding rights and obligations. In this context, democracy is no exception. It is expedient to view democracy within the system of legal relations as a legal category which is a part of the categorical array of constitutional law and constitutes the principle and institution of constitutional law, has an effect virtually on all other structural elements of constitutionalism thus defining the paradigm of the constitutional and legal regime of the State. The purpose of the article is to determine the place and the role of democracy in the palette of legal phenomena and processes. The main result of the research is the study of democracy, namely, of legal principle, legal guarantee, subjective right of the people, object of legal relations and rights, legal framework and the constitutional legal institute. According to the conclusion made by the author, each of the mentioned aspects of democracy requires a thorough and independent research which is currently lacking in national jurisprudence; such research can significantly expand the boundaries of legal comprehension of this interesting legal definition. Unfortunately, studies of democracy available in Ukraine do not fully reveal the comprehensive nature of this category, and this is crucial not only for development of constitutional law as a science but also has particular relevance for the practice of lawmaking and the constitutional reform in our country. [ABSTRACT FROM AUTHOR]

The special attention is given to the rights of the citizens for independent and safe working conditions. The rights secured by law and guaranteed of each among workers and employers have been considered. The court case on infliction of harm to health in the performance of job duties has been analyzed. Taking this case as an example one can see different possible ways of its solution that cause controversy and contradictions. The Court of First Instance takes the side of the employer, Court of Appeal – on the side of the victim and consideration of the case on cassation appeal - shows only that the state taking the role of the judge is on the employer side not on the side of the worker as a victim. So, one can see that course of the state policy secured by legislators in the numerous normative acts and being reflection of the constitutional principle of the recognition by the state of the human being, his or her life and health, honour and dignity, inviolability and security as the highest social value that is foreseen by Article 3 and by the provision of Part 4 Article 43 of the Basic Law does not correspond to the realities of life.

Copyright of Philosophy of Law & General Theory of Law / Filosofia Prava i Zagal'na Teoria Prava is the property of Yaroslav Mudryi National Law University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Philosophy of Law & General Theory of Law / Filosofia Prava i Zagal'na Teoria Prava is the property of Yaroslav Mudryi National Law University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)