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Vol. 27 (66), № 1. 2014
Juridical Sciences

Vasenina A. D.
Government and Law in the State of Emergency
This paper deals with the concept of «state of emergency» in various countries, state legal mechanism introducing such a provision and its role in ensuring national security. This paper examines the impact of state-legal regime of the state of emergency law. We can conclude that the state of emergency is a critical element of national security systems of most countries, the social purpose of which is to create an opportunity within the legal norms to overcome these or other conflicts that cannot be eliminated in the usual constitutional way. The author proposes to introduce additions to the regulations and the Constitution of Ukraine, with the possibility to enter in special cases of emergency and martial law by the Parliament at the request of the Secretary of the NSDC of Ukraine.

Gankiewich V. Yu.
A Case Over Ismail Gasprinsky’s Inheritance (on the Occasion of Centenary of the Death)
The article is devoted to the problem of official recording and division of property of the late Ismail Gasprinsky (1851-1914), the educator if the Crimean Tatar people and humanist. He was known as an outstanding public and political figure, the reformer of national enlightenment, Turkic language and literature, Crimean Tatar first – pressman and editor-publisher of the first newspaper of the Muslims of the Russian Empire – «Terdyman» (1883 - 1918). The realty and bank accounts became the objects for the partition of the property of I. Gasprinsky. In the course of a complicated legal procedure there was made an effort by the heirs to apply the provisions of the traditional theocratic law Shariat. It solved under the laws of the Russian Empire provided that all participants of the process will agree with such a solution. But the final decision was grounded on the principles of the all-Russian laws.

Zherebtsova E. E.
The Constitutional Court of the Russian Federation in the Mechanism of Protection of Electoral Rights of Citizens and the Rights for Participation in a Referendum
Article is devoted to research of an active and passive electoral right, and also the right for participation in the referendum, exercised by citizens at all territorial levels of the Russian Federation. The author carried out the analysis of separate aspects of the maintenance of the designated political rights, including to their interpretations by the Constitutional Court of the Russian Federation. Examples from practice of the Russian constitutional legal proceedings are given. The separate attention of the author is paid to the analysis of sociological polls, data on number of political parties (according to the Ministry of Justice of the Russian Federation), statistical data on activity of the Commissioner for Human Rights in the Russian Federation and the Constitutional Court of the Russian Federation in the sphere of protection of an electoral right of citizens and their rights for participation in a referendum. Opinions of authorities, for example, the Chairman of Russian Central Election Commission are given. Separate short stories of electoral laws, including about simplification of requirements to registration of political parties, introduction of the uniform voting day, carrying out direct elections of the highest officials of subjects of federation, transition to the mixed electoral system are designated at elections of deputies of the State Duma of Federal Assembly of Russia, etc. Problems in the studied area, breaking guarantees of electoral rights of citizens, including at the level of certain subjects of the Russian Federation (for example, Krasnoyarsk Krai) are revealed and separate ways their solutions are proposed.

Zmerzlaya E. P.
In the Fight Against Infectious Diseases in 2009-2010 years
The article is devoted to some aspects of the activity of the CIS in the fight against infectious diseases in 2009-2010.The examination of the activity of the CIS in the sphere of combating and prevention of epidemics and pandemics is timely and important. We need a systematic approach to reviewing the work, performed by the organization in this direction for further measures to prevent the spread of infectious diseases. This problem is burning because the new unknown viruses emerged in the world, in particular in the CIS, till now. Specified period is of particular interest because of outbreaks in the CIS infectious diseases such as avian influenza, cholera, poliomyelitis, anthrax, West Nile fever. The main documents, which were adopted both by the principal organs of the organization, and special, responsible for health, were considered. For example, the Program of joint efforts of the States – participants of Commonwealth of Independent States in combating HIV/ AIDS, 20 November, 2009, Protocol decision on the situation with the threat of the spread of influenza virus A/Н1N1 22 may 2009. Reasons for their adoption were allocated, content was disclosed, summary of their implementation was analyzed. The results of the holding the meeting of the Coordination Council on problems of the HIV-infection of the States-participants of CIS, held on 25-26 February 2010 were also explored.
The author has paid attention to special forms of joint actions of CIS countries for the fighting of epidemics. For example, the results of the carrying of X international scientific-practical conference «Actual problems of prevention and liquidation of consequences of emergency situations in the field of sanitary-epidemiological welfare of population of the States-participants of the CIS in modern conditions» were considered.

Zmerzlyi B. V.
Background of the Preparation and Adoption of a «Temporal Rules for Society Kerch-Yenikale Pilots» 25 November 1888
In the article the complex of theoretical and practical preconditions, which led to the necessity of adoption on 25 November 1888 «Provisional rules for Society of the Kerch-Yenikale pilots» was examined. In the article the previous normative-legal acts which regulate the activity of the pilots in the Kerch Strait were considered. Based on the use of archival materials specified, that to the beginning of the 1880s, the acting rules of the pilots of the Kerch Strait has ceased to match the needs of the merchant shipping, which in the current circumstances has led to the frequently accidents and ships grounding. In Kerch formed a semi-legal group, with participation of certain pilots of workshop, which engaged of overload the ships grounding or required the significant funds for the safe transfer of ships by the strait. This situation was complicated the merchant shipping and led to unreasonable costs of foreign ships skippers, considerably rising in price of goods which were brought by the sea.

Kashchenko S., Kravchuk O.
The Sources of the Jewish Law
The article is devoted to the formation of the sources of law in Judaism – since its emergence until now. It is shown that they are a result of the long historical development. Their value is defined also in the modern Jewish law.

Pasechnyk O. S.
The Context of the Political and Legal Views ch. Chelebieva
The article analyzes the major provisions of the first program of the party «Milli-Firka» in the context of the political and legal views of Ch. Chelyebiyeva. The author examined the scientific opinion of scientists on the main provisions and the charter of the party «Milli-Firka». Based on the analysis of scientific publications, the author explored the history, social base, economic, cultural, educational and ideological power of the first version of the program of the party «Milli-Firka». In view of the main program of the party, in the context of political and legal views of Ch. Chelyebiyev, the author determined the main elements of the principle of free cultural rights of national self-determination of each nation.
The actuality of the topic connected with the need to continue the country’s strategic course for the formation of «civil society « and « the rule of law «, which is supported by the full range of political forces and social strata. Foremost in this process must be the priority of human values in the context of the rights and freedoms of our multinational state. Understanding the political and juristic opinions ideologues of the Crimean Tatars, contribute to the achievement of the rights and freedoms of citizens, and help to develop effective public relations center and republican autonomy today.
The purpose of this study is to analyze the complex of political and legal views of Ch. Chelyebiyev that reflected in the program of the party «Milli – Firka» in terms of legal ideology of the Crimean Tatars, and the definition of legal value on contemporary legislation. To achieve this goal in the process of writing, the author solved the following tasks:
– to consider the views of scientists on the main provisions of the party «Milli-Firka»;
– based on scientific publications to explore the history, social base, economic, cultural, educational and ideological power of the first version of the program of the party «Milli-Firka»;
- definition of the principle components of the right of free cultural and national self-determination of each nation.

Razenkova V. S.
The concept and Essence of Transition State
Topic of the article is quite relevant today. Considering the transition state the author draws attention to the concept of transition, its nature, features and characteristics. Characterizing the number of processes is not stable, the author examines the development of society, the development of the state of their interaction in the period. The analysis of several works of Russian and foreign scientists to determine the social heredity of state institutions in the process of transition. Based on these studies, the author concludes that the transition is accompanied by a change of the constitutional system, and the main way of transient transformation is evolutionary form, which is done by natural, historical and creates conditions of relatively peaceful, gradual transition.

Fedunov V. V.
Historical and Legal Aspects of Election Territorial Self-Government of Taurida Province in the II-nd Part of XIX Century
This article analyzes the provisions from 1 January 1864 the Russian Empire on the zemstvo institutions. Author studied the election and composition of territorial self-government Tauride province in the initial period of their organization. The paper summarizes the results of the elections, territorial self-government social structure , analyzed the legal control mechanism zemstvoes. Zemstvoes elections were held in September 1866 and vowels started to work in accordance with their authority and competence. The author points to a broad representation of territorial self-government in the major segments of the population of counties and provinces in the face of the nobles , merchants and peasants. The necessity of studying the experience to properly understand the meaning of the reform of local government in Ukraine.

Sharmoyants A. N.
State-Building Experience of Spain in the Implementation of Reforms in Ukraine
The article considers a federal model of state system оf Spain. The analysis of Spain law governing relations between the center and the regions with appropriate use of their main provisions in the implementation of reforms in Ukraine.

Zamorska L. I.
Normative Content of Modern Labor Law of Ukraine: General Teoretic Aspects
The article is devoted to general theoretical approach to the legal manifestation of modern labor law in Ukraine. Displays the concept of labor law, the structure of the system through the legal system as a whole. As well as the main manifestation of the normative content of the system. The system of labor law is complex multilevel regulatory entity, which consists of law, all of which are united in legal institutions of law and aimed at regulating and organizing labor relations. Determined that the legal institutions that bring together a group of labor law, the forms of three subsystems: primary, general and special. Inside the subsystems of general norms of the industry polarized as different on the grounds of origin, subjects, methods of legal regulation, but also reflect the different types of social relations in the subject of labor law. Because it is advisable to distinguish two parts in the structure of general subsystems: individual labor law and collective labor law. Just want to emphasize that the selection rules do not represent specific industries or areas of law, as are the structural units of the total subsystem. Legal manifestation of labor law is justified by the presence of legal rules that are combined logically in the institutions of labor law aimed at regulating a relatively homogeneous social and labor relations. One of the main institutions of labor law is a social partnership. In the legal sense under the social partnership means: 1) as a system of social relations, and 2) as a principle of interaction of collective labor relations, and 3) as a legal institution bold this subsystem will enable a clearer outline the sphere of influence of special rules to identify and group the types of subjects objects of labor relations which these rules are addressed.

Kakhovych O. O.
Strategic Planning and Control in the Work of Legal Services to Business Entities
The article is sanctified to research of the systems of the strategic planning and strategic management in process of legal services. The development's level of legal work influences on development of organizations of all social types. Legal service organizes legal work of economic entity.
Activity of legal services is sent to providing of organization of legal work, aspiration of her on correct application, clear inhibition and prevention of non-fulfillment of requirements of legislation, other normative acts by organizations of private and public right, their leaders and workers during implementation of the tasks and functional duties fixed on them.
Practice of activity of legal services testifies to the presence of problems in organization of their work that influences on quality of management and realization of their functions for providing of interests of certain economic entity.
Determination of legal character of planning procedure does not have only approach among Ukrainian scientists. Most researchers determine planning as well-regulated a law order that consists of successive actions and sent to the achievement of legal result.
Organization of effective control system and new administrative and organizational facilities and instruments of work of legal service will help to work out present problems. One of the most effective methods of management is a strategic management. Development of strategy includes two processes – strategic planning and strategic management. Maintenance of work planning process of legal service, and also planning principles are considered in the article. Principles that it must adhere to during realization of strategic management, lacks of strategic management, basic factors of influence on forming of plan, are considered in the article.

Kompaniiets V. V.
Consideration of Certain Disputes About USE of Geographical Indications
The article is devoted to judicial disputes related to the use of geographical indications. It is mentioned the value of geographical indications of the means of individualization of participants in civil, goods and services. It is mentioned the importance of using geographical indications to consumers who, through information about the area in which goods are manufactured, can be assumed about its quality and beneficial properties. It is considered individual disputes relating to conflicts of rights to geographical indications.
As an example it is considered the situation of conflict when local authorities tried to ban the use of the name of the region in the name of the product. The court order was established finding production capacity within a specified area and there finding the store in which the sale of goods produced. Taking into account everything was said, the claim was settled, and the ban on the use of recognized unfounded.
In another example it was said about the registration name of the region as a qualified indication of origin of goods. In this regard, the plaintiff, whose production facilities are within an area whose name is submitted for registration, filed a lawsuit demanding the invalidation of the certificate on the mark for goods and services with the name of the region, issued a subject that is outside its boundaries and producing products in the class for goods and services for which the registered mark is descriptive. Requirements have been associated with ecological region – the Carpathian Mountains. In the course of the dispute, it was found that the product manufacturer provides false information about the product from which manufactured goods. In particular it is proved that the milk used for dairy production, not fully imported from the Carpathian region. But since it was not a qualified geographical indication and only sign for the goods and services, the manufacturer has been fined by the Antimonopoly Committee of Ukraine. Contested decision CRA was deemed justified.
In addition, in another case it was found unsubstantiated challenging the use of the title product of the region, which with its features does not affect the products. Separately is disclosed consumers attempt to challenge the validity of certificates for trademarks and product names or services when they do not coincide with the region in which they are usually produced or whose name contain. Article ends by conclusions about the most typical conflicts arising from the use of geographical indications.

Kulinich O. O.
Identification of Physical Person Represented in the Picture, with the Person, the Right to own Images was Violated (Review of Jurisprudence Materials)
The right to one’s own image is one of the rights of an individual. Protection of the right image is based on articles 307, 308 of the Civil Code of Ukraine. In cases of protection of the right to their own image with one of the most important conditions for satisfaction of claims is the identification of the individual, the right to own image that is allegedly infringed with a person depicted in a photographic work.Based on materials of jurisprudence, we can make conclusions that individuals do not always pay attention to the quality of reproduction of images with their image on the manner in which reproduce their traits and whether they can learn. Establishing the identity of the person alleging violations of his right to his own image with the person depicted in the photograph is very important. In these cases the plot indicates that in most cases do not allow photographs used to identify the image of a real person. Using photographs of poor quality, image contours of the face and body, without specifying any personal data prevent possible human recognition by third parties.
In such cases it is impossible to talk about any violations. The implementation of human identification shown in pictures with a person whose rights allegedly infringed is one of the conditions to meet the stated claims in violation of the rights to the image.
Considering such cases of human identification with the image produced is usually personally by the judge without special expertise. Among the factors which affect the ability to identify, are the following: the clarity and image quality, the presence of combined features, and not only the contours, the duration of the show, and others. Considering that the jurisprudence of this category of cases is not uniform in the application of Articles 307, 308 of the Civil Code of Ukraine, it is advisable to create generalizations and applications to disclose the issue of the need for identification as a condition to meet the claims of protection of the right image.

Muravka V. P.
Characteristics of Administrative Misdemeanors Invade Established Rules Redevelopment, Refitting of Housing Fund and Territory Building
The article analyzes the legislation and considered administrative offenses that infringe on the rules of redevelopment, occupancy housing and construction areas. In particular, pay attention to what the rules of the redevelopment, refurbishment of housing stock and development areas in the CUAO is devoted to articles 4 (st. 96 «Failure to state standards, rules and regulations during design and construction», st. 96 1 «Violation of law during the planning and building of the territories «Article 97» unauthorized construction of buildings or structures, «Article 150» Violation of the rules of use of residential buildings and premises CUAO). The main item that we believe provides the most common components of administrative offenses in this area is st. 96 CUAO. It should be noted that the administrative liability is found not only in the CUAO, but according to the article. Administrative Law and other legal acts. CUAO for misdemeanors in construction, planning and architecture are used only warning and a fine. Prevention is the official condemnation of the offense committed by the offender and warning of its recurrence. This naym’yakshe administrative penalty applicable for minor administrative offenses (if there is no material damage, the offense is committed for the first time, through negligence, are extenuating circumstances, etc.). The article states that the redevelopment, refurbishment of housing stock and construction areas – complex technical activity which involves physical and legal persons, public authorities, local self-government. They come in a variety of social relations regulated by rules of the various areas of law (administrative, labor, land, civil, financial and other). Typically, these relationships occur simultaneously or sequentially, and their members acquire a special status customer, developer, state architectural-building control, local government and others.

Nykytchenko N. V.
Modernization of the Tools of Public Internal Financial Control
The article covers investigation of problems of public internal financial control in terms of defining legal essence of internal control and internal audit at the enterprises of public sector, fundamental differences between these notions, as well as formulating problems to be legally regulated.
Controlling relationship in the sphere of economic activity is the relationship between the Government of Ukraine in the person of its authorities that exercise administration of economic activity and controlled economic agents.
In this case state authorities are the participants of economic activity that fulfill economic-organizational function. At the same time any controlling state authority is the administrative authority and the methods that are used by this authority are regulated by the administrative law. As we can see the nature of this relationship has dual character. For example, controlling authorities impose administrative-economic sanctions to economic agents for the breach of legislation commitments in the terms of organization and conduction of economic activity in cases within the law. At the same time relationship between above-mentioned authorities has organizational-economic character. As a result further research is needed for the question of delimitation of organizational-economic relationship, that is understood as the control, and administrative-organizational – control over economic activity of economic agents.
It is assumed that state control is the vertical relationship between economic agents and controlling authorities and it is carried out in tough relationship “power-subjugation”. On the part of government administrative function is carried out by state authorities that according to their competence use instruments of control that are based on specific principles of state influence over controlled object. State authorities need to be subordinated to economic law in order that state control in the sphere of economic activity carries out economic function. That is the economic-legal essence of organizing and carrying out the state control in the sphere of economic activity. And only such legal relationships between controlling authorities and economic agents reflect the nature on the organizational-economic legal relationship that is developed by economic law.

Romanyuk L. V.
Problems of Realization of Principle Equal Access to Public Service
The article studies issues in legislative regulation and practical realization of equality principles concerning access to state service in Ukraine.
Commencing the study, the author substantiates the relevance of the chosen topic in conditions of modern reformations in the system of state authority, outlines certain goals pursued in the article, and the objectives that it is aimed to resolve. Additionally, the author researches the degree of scientific insight currently available for the topic, and conclusions are made concerning the lack of works in modern legal science that address research of issues in practical implementation of equality principles concerning access to state service.
While studying this question, the author in the first place resorts to analysis of state service concepts, wherein exploring other scientists views, scrutinizing what role they can play in establishment of an effective state service system, which would be able to fulfill its duties in full extent. While studying the nature and role of state service principles, the author highlights their deep connection to constitutional principles of the state, political system, government, thus underlining the importance of their accurate legislative regulation and practical realization.
Commencing review of the essence and legal nature of equality principles of access to state service, the author analyses legislation that establishes the said principle. Among such main normative acts, certainly are the Constitution of Ukraine, Ukraine’s law “Regarding state service”, sub legislative normative-legal acts, as well as the updated legislation concerning state service that is planned to enter into force from January 2015.
Whiles studying the equality principle of access to state service, the author reveals it’s nature, content, and suggests that that the main element in the implementation mechanism of the said principle is an unprejudiced competitive procedure for substitution of vacant state service posts, that would place all its participants in an equal position towards the competition’s commission and rules.
Additionally, based on conducted research of norms in acting legislation the author suggests certain changes to it aimed at improvement of implementation mechanisms of the principle of equal citizen access to state service.

Rusakova I. G.
Judiciary Forming Bodies in Foreign Countries
The article deals with the investigation of judiciary forming bodies in foreign countries. In particular article overview judiciary forming bodies in former socialist countries (Russian Federation, Kazakhstan, Bulgaria and others), as well as in leading western countries (France, Italy, Malta, Portugal). Peculiarities of judiciary forming bodies in former socialist countries are investigated under a circumstance of absence of a special body in this sphere for a long period of time. Corresponding bodies of leading western countries are analyzed as they have most efficient and oldest law regulation in this sphere. Author emphasize that Ukrainian High council of justice provides active international activity. In particular, during last few years’ members of High council of justice participated in a number of conferences, seminars, meetings, consultations with foreign countries judiciary forming bodies officials. It is noted, that adoption of positive foreign experience in judiciary forming is one of the priorities of Ukrainian High council of justice. Analysis provided in an article indicates that in foreign countries judiciary forming bodies are very important in administrative law regulation system. In former socialist countries judiciary forming bodies are more similar to Ukrainian (especially functions and authorities). In some countries of this group (for example, Russian Federation) special body in sphere of judiciary forming is absent. Leading western countries have a long traditions and detailed law regulation in this sphere. As a rule judicial forming bodies of those countries are headed by head of a state. Author concludes that further investigation of this topic will be beneficial for a legal regulation of Ukrainian High council of justice.

Sopilko I. M.
Systematic Approach to the State Information Policy of Ukraine
In the article author searched a basis to undermining of system approach to research a state information policy. Is proved than the concept of state information police have to researched due to philosophy gnoseology, such as system approach.
Systematic approach is to apply a strong methodological research area, in which is explained the formation, implementation and adjustment of state politics. Is determined that efforts to form a meta-theory should continue – a theory that examines the structure, methods, properties, and methods of constructing scientific theories in any designated branch of science, it must act as a form of scientific knowledge.
Is underlined that now the actual development of a systematic approach has not led to its conceptualization and legitimization as rigidly delineated scientific field, with well-defined system of concepts, procedures and methods. In turn, this resulted in the impossibility to operationalize sectorial studies, including on the formation model of state politics.
This scientific sterility system approach is also reflected in the fact that it actually use only fragmentary and more declarative happening within him as one of the methods outlined in my another publications.
Systemic same approach, claiming the universality of some kind, as opposed to cybernetics, which is in the bosom of the concept also plays a crucial role, while the main subject of a systematic review considered the communication and management processes, identifies systematic study of the object of his integrity, regardless of that. An important focus for which I would like to draw attention is that the systems approach itself as such does not solve the problem directly, but acts as an instrument of a new formulation of the problem.

Strelchenko O. G.
Administrative and Legal Domestic Violence as a Social Problem in Ukraine
The article defined the nature, content and features of the administrative and legal domestic violence as a social problem in Ukraine and on this basis developed the necessary proposals to improve the current legislation of Ukraine and determine condition, patterns and trends of the legal and organizational support for the protection of persons from domestic violence based on an analysis of scientific developments, summarizing legal practice,national and international experience. The results of sociological research and statistics associations, which indicate the seriousness of the problem of domestic violence.
The level of any state and society is measured by the criterion of ensuring human rights and freedoms, their practical implementation. That is why today the special attention of public authorities and institutions, NGOs, society aimed at preventing and combating human rights violations in all forms. There can be no exception this aspect as domestic violence, because according to the Constitution of Ukraine everyone has the right to free development of his personality and has duties to the community in which the free and comprehensive development of his personality.
The purpose of the study is that based on the theoretical principles of international experience, the current legislation of Ukraine and its practical implementation to determine the nature, content and features of the issue of domestic violence as a social problem in Ukraine , and on this basis to develop the necessary proposals for improving the current legislation of Ukraine, development of scientifically based proposals on the state laws and trends of the legal and organizational support for the protection of persons from domestic violence based on an analysis of scientific developments, summarizing legal practice , national and international experience .

Ten A. L.
Administrative Legal Regulation of Trade Activities in Russia at the Stage of the Common Economic Space Formation
The article is devoted to the issues of administrative legal trade regulation in Russia under the conditions of Eurasian Economic Community and Common Economic Space formation. The author specifies the main stages of Russian trade law development, legal acts according to which trade is regulated, and basic tools with which unity of administrative legal trade regulation both in Russia and in a number of other CIS countries is provided. The article might attract interest of those who study Russian trade law.
In assessing the state of administrative and legal regulation of trade in Russia, it should be noted that in comparison with the period of transition to a market economy, it underwent the following major changes:
– significantly increased the role of the federal laws. If in 90 years been regulated primarily on the basis of the resolutions of the Government of the Russian Federation, as well as on licensing authorities of subjects of the Russian Federation and local governments, federal laws now operate systematizing function. Local governments and authorities of RF subjects retained only the function of monitoring compliance with the legislation and information for trade. However, still a significant proportion of a sub-regulation based on the acts of the Government of the Russian Federation and federal ministers;
– to date list of significantly reduced trading activity subject to licensing;
– since the beginning of the 90s by the end of the 90s to reduce the list of goods and services in respect of which the state regulation of prices and tariffs;
– last significant innovation in the regulation of trade in Russia is the elimination of barriers to trade in goods within the countries of the Eurasian Economic Community: Russia, Kazakhstan and Belarus, which reduces transaction costs and increases the efficiency of business activities in the field of trade.
In general, it should be noted the decline of state intervention in the sphere of trade, which is more consistent with a model of a market economy.

Shevchuk О. M.
Administrative Procedures for State Control Over Trafficking of Narcotic Drugs: Definition of Notion
In the control activities of procedures is of particular importance, because, on the one hand, setting the order of actions of the public authorities when exercising control over compliance with anti-drug legislation, the procedure determines the most efficient sequence of action of the aforementioned bodies. And on the other, the establishment of a compulsory procedure of state control in the sphere of turnover of narcotic drugs, psychotropic substances and precursors guarantees protection of rights and legitimate interests of other subjects experiencing controlling influence by the relevant authorities.
That is, compliance with the competent state body defined procedures for monitoring in the sphere of turnover of narcotic drugs, psychotropic substances and precursors is a guarantee of its validity Let’s note, that the state control in the sphere of circulation of narcotic drugs is the activity the authorized state bodies (officials) testing, monitoring, analysis of compliance with and enforcement of established norms, rules, standards and management decisions of objects which are subject to control in order to ensure the legality and discipline, with the possibility of identifying perpetrators and application in such objects of coercion, of bringing them to responsibility for violations in this sphere.
It is also important to clarify the meaning of the notion of administrative procedure of state control over the turnover of drugs, psychotropic substances and precursors». It can be argued that in the domestic scientific literature there is no unity of opinion on the definition of «administrative procedures», which indicates the controversial subject matter. But first, we need consider the term «procedure». The etymology of the word «procedure» comes from the Latin «procedo» which means «come through, or move forward». In the lexical plan, the term «procedure» is generally defined as «any long-term, consistent case, order, rite», «the official order of actions, discussing something.» So, the procedure is officially established procedure for performing a particular activity.
So, the administrative procedures for exercising the state control over the turnover of drugs, psychotropic substances and precursors is regulated by administrative law combination of successive and interrelated actions aimed at the implementation of the control powers of the subjects of state control over turnover of narcotic drugs, psychotropic substances and precursors.

Shumilo O. M.
On the «Noosphere» Notion in Ukrainian Legislation
The author states that Volodymyr Vernadsky as a natural scientist and a philosopher has reconsidered the content of «noosphere» notion in the context of his doctrine of biosphere, humanistic ideology and the role of scientific thought as a planetary (and cosmic) phenomenon. From the point of view of the latter, the biosphere smoothly transforms into the noosphere, as, during the cognition of nature’s laws and technical development, the humanity gives it the signs of new and higher degree of systematization. Thus, from the standpoint of philosophers and environmentalists the notions of anthropo-, socio-and technosphere are identical to the concept of «noosphere», sums up the author. Having carefully researched the current legislation of Ukraine, it is possible to say, that never a one normative act at law level uses or defines the noosphere notion, though it is found in current leglislation, e. g. The Complex State Energy Conservation Programme of Ukraine. Evidently, the wide exploration of wind, solar, geothermal, small rivers’ hydropower, as well as biomass and other non-conventional fuels are supposed to save the noosphere. So, it is shown that natural sciences use the «noosphere» notion, while the law uses only it’s doctrinal interpretation. The definition of «noosphere» notion and dependent determination of its adjacency with the notions of techno, socio and anthroposphere has been proposed. The need of further environmental legislation improvement on the ground of taking into consideration natural, historical and technical economic achievements of Ukraine as well as foreign countries experience has been outlined. The necessity of wider «noosphere» notion usage in legal acts, it’s disclosure and legislative fixation, that would let us avoid future environmental crisis in the modern conditions of human impact on natural processes has been proved.

Dorokhina Yu. A.
New Going is Near Determination of Concept of Propert in Theory of Criminal Right: Doctrine Analysis of Achievements of Foreign Research Workers
In the article methodological principles of cognition of problems of criminal right are investigated on the modern stage, including new going near determination of concept of propert in the theory of criminal right. The features of the different going are analysed near determination of propert, as traditional the so newest.
Specified, that investigating crimes against property in the modern terms of market relations it is necessary to define that is exactly understood under a concept «propert» in the theory of criminal right.
Actuality of declared problems consists, above all things, in that a propert in a criminal right has status of the paradoxical phenomenon which keeps a vagueness and plenty of interpretations. As derivative from the general theory of right, a criminal right acknowledges deep purpose to the propert, it indisputable value in history of society, absolute role in becoming and development of economic structures, in forming of any political construction.
The conducted research of the declared problem testifies that the family object of crimes is a primary propert (attitude of concrete man toward it and stranger), as a key value of right, by a direct object is property (the second propert is attitude of man toward the world), and by the article of crime is a concrete thing the value of which is determined by a market. Attracted attention only on a thing the cost of which is set by a market results in forming of illusive pictures that a propert appears an economy.
The noted suggestions are directed on achievement of aims of modernization of guard of propert, as they, from one side, close to the actual social and economic necessities societies, provide balance of interests of person, society and state in the relations of propert. And de autre part, related to ethics bases, characteristic for traditional domestic socium, and aspire to achievement to justice and efficiency in the use of prohibitions on new for a criminal right world view basis.

Komissarova Ya. V.
The System of Safety Assurance of Personnel
The need is obvious to use in the fight against crime the achievements of science and technology. However, the introduction in the investigative and judicial practice new means and methods of process-relevant information in modern Russia (unfortunately, as in the former Soviet Union) is connected with certain difficulties. Quite indicative from this point of view, the so-called «problem of the polygraph», the discussion on the admissibility of the use in criminal proceedings and in the work with personnel today as it was several decades ago, is far from completion.
From a scientific and legal point of view, the use of the polygraph in the course of investigation of crimes and prevention of corruption (in particular, due to the check of job candidates) has the fundamental differences. These differences can in no way be eliminated by the adoption of a separate «polygraph law». According to the author, it is time to develop a balanced concept to professional personnel selection, take into consideration the specifics of the functioning not only of the government authority but also to each of the institutes of civil society.

Onofreichyk A. D.
Actual Aspects of Legal Backgrounds and Definition of Operative-Searching Measures
At present stage of development the national legal system it is very important to value the principles of democracy and the rule of law. According to this the main importance is to improving the legal regulation of governmental bodies, that perform law enforcement functions, a kind of which is considered to be an operative – searching activity. With the adoption of the Law of Ukraine «About Operative-searching activity», and fixing its organizational and legal bases, operational- search activity gained legitimate status and became an integral part of law enforcement legal authorities. Analysis of a number of laws and regulations, as well as the literature indicates that the formation and development of the operative-searching activity as a special type of activities authorized by law, is caused by the aggravation of the political, social and economic factors that manifest themselves in opposition to the interests of different states, the aggravation of the crime situation both domestically and abroad, adversely affect the national security of Ukraine.
The formation of a liberalized society to a new level of law enforcement, needs for comprehensive protection of the rights and interests of human society and the state. Thus, the operative-search activity, as follows from its legal definition, aims to find, detects and prevents crime through the use of specific tools, which is the operational-search measures. So, in order to optimize organizational and legal framework of the operative searching activity at present is one of the main theoretical and practical problem to make fundamental legal nature and definition of search operations as part of the overall system of the operative searching activity that determines the main idea of this article.
Today one of the main problems of legal regulation of operational activities should be considered that in the notion of search operations is not defined in law.
The absence of a legislative definition of search operations cause problems ambiguous understanding of legal terms and their conduct. In general, given the lack of legislative consolidation of search operations and their legal regulation is mainly focused on the level of departmental regulations state authorities - the subjects of their conduct. The consequence of this phenomenon was the formation of non-uniform application of the law practice in the organization and carrying out search operations, which led to a decrease in the efficiency of law enforcement and the deterioration of the general condition of the rights and freedoms of man and citizen of Ukraine.

Orlovsky R. S.
Commission of a Crime Upon Prior Conspiracy by a Group of Persons
In this article we investigate actual in a theory of criminal law question about the commission of a crime upon prior conspiracy by a group of persons, that is one of forms of participation in a crime. The enhanceable public danger of the crimes, committed upon prior conspiracy by a group of persons, that finds the legislative reflection in norms of General and Special parts of CC of Ukraine, is established.
In accordance with p. 2 article 28 Criminal Code of Ukraine «a criminal offense shall be held to have been committed by a group of persons upon prior conspiracy where it was jointly committed by several (two or more) persons who have conspired in advance, that is prior to the commencement of the offense, to commit it together». As a subjects of such group a legislator names persons who have conspired in advance to commit a crime together. But there is no only going near understanding of commission of a crime upon prior conspiracy by the group of persons in judicial practice. Analysing opinions of scientists and elucidations of higher judicialinstance, we can assert that commission of a crime upon prior conspiracy by a group of persons can be present both in case of joint enterprise and criminal complicity with assigned roles. Separate attention is spared to finding out of value and maintenance of prior conspiracy that serves as a criterion dissociation of commission of a crime upon prior conspiracy by a group of persons from the commission of a crime by a group of persons. Author’s suggestion is brought in relation to qualification of crimes committed upon prior conspiracy by a group of persons.