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Vol. 27 (66), № 2. 2014
Juridical Sciences

Theory and history of state and law;
History of political and legal doctrines.

Vorontsova A. V.
The legal progress and the fundamental principles of law
The article examines the relationship between the legal progress and the fundamental principles of law in the context of their implementation at different levels of the legal system. The fundamental principles of law are great tool for providing legal progress. So, the legal progress» is not only a tool to improvement of the legal system but the means of knowledge of the legal reality.
The article examines the relationship of legal progress with such fundamental principles of law as justice, equality, freedom, humanity.
The author points out that achieving legal progress in the relevant legal system (or in part of it) provides the maximum possible implementation of fundamental principles of law.
It is proved that the fundamental principles of law serve as boundaries of legal systems providing legal progress. The article aims to explore the nature and characteristics of the fundamental principles of law in the context of legal system. The author points out that the legal progress depends on the extent to which the fundamental principles of law would be implemented in legal system.
The fundamental principles of law also act as a goal and a landmark of legal system development. They point direction of legal progress.
Violation of the fundamental principles of law by the state interrupts the evolutionary path of social development. This, in turn, has the effect of simplifying the legal system, its degradation or, in other words, the legal regress.
The legal progress in determining the direction of legal system development depends on the extent of the fundamental principles of law implementation at all levels of legal system: ideological, normative and functional.

Zadorozhny A. V., Khmeleva I. Y.
Succession issues resulting from the dissolution of the soviet union: analysis of the so-called concept of «Zero option»
Succession occurs when one state ceases to exist or loses control over part of its territory, and another state comes into existence or assumes control over the territory lost by the first state. The 1978 Vienna Convention on Succession of States in Respect of Treaties (hereafter, the 1978 Vienna Convention) defines state succession as “the replacement of one state by another in the responsibility for the international relations of territory”. The phenomenon is protean: decolonization, unification, and separation are the possible occurrences of state succession.
International law has not yet satisfactorily delineated the legal effects of State succession, especially on commercial or property obligations. Notwithstanding certain developments within the law, many issues remain unresolved. Traditional theses regarding State succession, when applied to particular cases, remain ill-fitting.
Much thought has been given to the topic of the effects of state succession, but it should be mentioned that each particular case must be studied on its merits.
This article analyzes the succession of Ukraine in connection with the termination of the USSR. Existing legal framework as to this issue and the basic principles for solving this problem, which formed the basis of the succession process, were investigated The article also examines the controversial issues that have arisen between the States as to the succession. The so-called concept of “zero option”, which is often associated with the problems of succession after the cessation of existence of the USSR was studied. Paper argues that the abovementioned concept cannot be applied because it is not confirmed either by international custom, or by international treaties.
Ukraine has repeatedly objected to the unilateral actions of the Russian Federation, that were contrary to the agreements achieved in 1991–1992 (Ukraine was to receive 16.37% of the assets of the USSR). This fact excludes the possibility of the formation of an international custom.
The so-called ‘zero option’ agreement between Ukraine and the Russian Federation dated 9 December 1994 was not ratified by the Verkhovna Rada of Ukraine, and therefore cannot be regarded as an international treaty in force.
The question of the distribution of Soviet property between Russia and Ukraine is still not resolved. Ukraine, as a successor to the USSR, has the right to be fully informed of the amount of assets and liabilities of former USSR and is entitled to receive its share in the funds and property.

Zmerzliy B. V.
The establishment of the normative-legal base and the development of lighthouse activity in the basins of the black and azov seas in the XVIII – first half XIX centures
The article is devoted to the problems of formation and development of the legal base of the lighthouse activity in the Black and Azov seas in the XVIII – first half XIX centuries. In the work indicated, that the basis of this base laid back the decrees of Peter I in the beginning of the XVIII century, which created the Collegium of Commerce, and defined its duties. Before the beginning of the XIX century, the lighthouses had no single subordination and structure, some of them were controlled by the military, others built and kept cities, and the individual lighthouses on the Baltic sea were in the private hands. On 24 August 1827 a decree «On preventive formation the Ministry of the Navy» was adopted. It includes, among other things, the management of the general hydrograph and the Scientific committee. The structure of the management of the general hydrograph includes his office, the hydrographic station and marine printing house. The office of the general hydrograph consisted of the 2 sections. Exactly on the first branch office, among other things, was entrusted with the affairs of monitoring lighthouses. Based on this, already on 17 January, 1829, the decree “On the transfer of Civil in the Black sea office of lighthouses, which arranged on the coast of the Black and Azov seas” was adopted, however, military seamen got all the lighthouse dues too. This provision was in force until 1917. The logical continuation of this was the adoption of the decree of 12 February 1830, it was recommended to cancel the fee in the Azov ports on beacons on 20 kop. of silver with lasts. With the formation in 1831 of the main department of the Black sea and the fleets and ports in its structure, the Hydrographic department was established, which is responsible for the activities of the lighthouses.
One of the areas of security of the Russian merchant shipping was the information of the seafarers on the device and the activities of the various lighthouses and other means, aimed at the safety. In this period the main responsibility in this matter was taken by the department of external trade, which sent the relevant circulars, mainly in the customs institutions and ports for their accommodation at appropriate locations for review by interested parties.

Melnyk K. P.
Law dichotomy: concept and pecularities
The article is dedicated to the phenomenon of «law dichotomy», analyses its genesis – first mention, the evolution of this law category. The author has made a definition of «law dichotomy» and its peculiarities. Its also given a definition of private and public law, and are pointed opinions of different scientists about an attachment of varying branches of law to public or private law. Are pointed peculiarities of branches of law, norm of which are tightly connected between themselves. Special attention is paid to the place of international private and public law, and their attachment to public and private law. Author also has made an analysis of the criteria of delimitation of private law from public, are considered three theories advanced in science. First – theory of method, which has begun since Ancient Rome and Ulpians considerations. In the article is noted, that this theory had been flayed and in the beginning of XX century it was changed by theory of method. The author points arguments of different scientists in favor of this theory. But its also defined, that the theory of method was being criticized too. Accept of of these two theories its also described a third theory, weaknesses of which are also pointed. As a conclusion author discerns that for the change of inner delimitation of law must be an understanding that juridical science, apart from all another, should help to solve practical problems of law regulation of public relations in today’s conditions, and that instead of searching the division between private and public in the law, it should explain concrete mechanisms of providing balance and solidarity of individual, group and public interests of all community members. Moreover, today is widely spread a tendency of convergence of private and public – in the majority of legal systems there are no more fining branches of law existing.

Pasechnyk O. S.
The state activity of noman chelebidzhihan during the formation of the kurultay of the crimean tatar people
The article is devoted to the analysis of the final stage of the state activity of Noman Chelebidzhihan, who was directly connected with the formation of the national Democratic Parliament of the Crimean Republic, formed legitimate by the Kurultay of the Crimean Tatar people in December 1917.
The author researched the history of the origin of the term Kurultay. Based on the analysis of scientific publications, the author investigated the process of establishment of the supreme bodies of the national self-government of the Crimean Tatars in November 1917 – early January 1918, which was headed by Noman Chelebidzhihan. The material, presented in article, allowed the author to separate several important stages in the development of political and legal views of Noman Chelebidzhihan in the context of its state and public activity.
Topicality of the article is caused by the necessity of introducing into the scientific circulation of the many facts, names, events, which for various reasons have fallen out of view of scientists or incompletely covered. Including out of sight remained multifaceted legacy of Noman Chelebidzhihan (1885–1918) – is an active participant of the Crimean Tatar national-liberation movement in the first quarter of the XX century, an outstanding religious and political figure, who had a significant influence on the formation of political and legal thought, the development of national legal consciousness of the Crimean Tatar people.
Goal and tasks of research. In the analysis of the state and public activity of Noman Chelebidzhihan in the period, when he was in top positions of the national self-government bodies of the Crimean Tatars: chairman of the Provisional Muslim Committee (from March 25 to 26 November 1917), the chairman of the Kurultay of the Crimean Tatar people and the chairman of the Council of national control (from December 18, 1917 to January 8, 1918).To achieve this goal in the process of writing the article, following tasks were solved by the author:

  • to explore the history of origin of the term Kurultay;
  • to analyze the main stages of the creation of the national Parliament of the Crimean Democratic Republic;
  • to separate several important stages in the development of political and legal views of Noman Chelebidzhihan in the context of its state and public activity.

Pashulya G. Ya.
The problem of protection of the state bodies of internal affairs in the context of globalization
Study of the conditions that they put on the state's capacity to perform its direct functions currently appears pretty serious. The article examines the preconditions reaction of the Interior to the impact that arise in a globalized society. Because the development and resolution of case conflicts, the state of law enforcement agencies, the issue of reform and modernization is a key at this time.
A special place in the functioning of the global risk society owned terrorism as such a social phenomenon that prevents the civilization of the modern world. For the state, it is crucial to direct its goals in the implementation of practical problems of socio-economic and political development in a globalizing world. The reasons for the emergence of globalization external challenges include: subversive activities undertaken by the intelligence agencies of individual countries in the world, international terrorism, economic blockade, political pressure, blackmail, threat of force actions. Accordingly, a separate nation-state exercising its internal policies should consider the interests of the entire international community to thus get the opportunity to confront the challenges of globalization. Today terrorism in most cases have a distinct inhumane nature, they are distinguished by an increase in attacks on human life and health by reducing attacks on material objects; increase in murders; increase in casualties in some terrorist acts; strengthening the cruelty and arrogance of the actions of terrorists.
The practice of international law regulates the fight against terrorism and establishes responsibility for terrorist acts. From the fullness of knowledge on the effectiveness of terrorism countering both the international level and at the state, including the formation of contractual and legal regulation of such countermeasures.
To create a model of ruling the state and the protection of social values in the context of globalization must take into account all these positive and negative impacts.

Fedunov V. V.
Historical and legal aspects of the formation of the Yalta city council on reform 1870
Article is devoted to the formation of the Yalta city council, as the local authority on the basis of city regulations of 16 June 1870 . The authors analyzed the Act , the election and composition of the city council and the council in 1871-1875gg . The author points to the multinational composition of the Duma , marked features of the electoral system and voting behavior in elections, analyzed the formation of the revenue and expenditure sides of the budget of the city.
Relevance of articles associated with the organization of local governments on the basis of urban reform in 1874, which enabled rapid development of all economic sectors cities. To address these issues attract a wide range of the population of the county town of Yalta, the representatives of the nobility and the commercial and industrial bourgeoisie. This made the municipality flexible and mobile. Study of the work of Yalta city government, the use of all useful, given the current realities, can give a proper understanding of the meaning of the reform of urban self-government in Ukraine on the basis of in-depth study of heritage predecessors.
The purpose and objective of the study is to analyze the position of the City June 16, 1870, elections and the composition of the Yalta city council and administration. To achieve this goal the author on the basis of documentary sources attempted to trace the history of the formation and activities of the Yalta city council first and second convocations.

 

International law

Klimenko E. P.
The directions of the activities of the commonwealnh of independent states in combating infectious diseases
The article is devoted to the main activities of the Commonwealth of Independent States in combating infectious diseases.
Today infectious diseases pose a much higher risk for residents of the countries-participants of the CIS. The outbreaks of diseases such as AIDS, tuberculosis, polio, malaria, influenza А/H1N1 appear in different parts of the Commonwealth. Since the foundation of the CIS representatives of its member countries found one of the most effective methods of prophylaxis and prevention of the spread of dangerous diseases. This method is the full cooperation of states in the fight against epidemics. Long-term experience of combating viruses, it became clear that the forces of one state to cope with the consequences of infectious diseases is impossible. It is necessary complex, regulated, systematized approach. First of all, with the help of law. It is through this tool, you can direct the activities of citizens, medical institutions, state and local authorities on the active, cohesive fighting the epidemic.
Securing the position that the member states of the organization will conduct cooperation in the field of combating infectious diseases, started since the foundation of the CIS, in the first adopted documents. For example, the Agreement on cooperation in the field of public health, signed, in Minsk on June 26, 1992. The basic directions of activity of the Commonwealth in the field of combating epidemics are ensuring sanitary protection of territories of the states-participants of the Commonwealth of Independent States, opposition to such infectious diseases as HIV/AIDS, the А/H1N1 influenza, foot and mouth disease. In the work the basic regulatory acts, which were adopted in each of these areas, for example, the Agreement on cooperation in the field of sanitary protection of territories of states-participants of the Commonwealth of Independent States in 2001, an Agreement on cooperation in solving problems of HIV infection in 1998, a Complex of joint measures of the states-participants of the CIS on prevention of penetration and distribution of bird flu on the territory of the states-participants of CIS 2007, The program of joint actions of the States-participants of the CIS on the prevention and control of FMD in the countries of the Commonwealth of 2004 and others.

Tsyverenko G. P.
State responsibility in international law
In article the author characterizes features of responsibility of the state for violation of international obligations according to the draft articles on responsibility of international organization, adopted by the International Law Commission. Also article characterizes his nature, marking that the basic failing is him eventual form, turns the special attention on application of counter-measures to international organizations and position in relation to subsidiary responsibility of states-members. Analysis of the judicial practice of the European Court of Human Rights and the European Court of Justice suggests to make a conclusion about two European human rights systems’ coordination, as well as about the evolution of the international organizations law in the field of human rights protection.
Thus, we can say that the human rights concept’s formation in the European Union law had quite long and difficult way from the complete denial to the fundamental principle and necessary condition for the new members accession. In addition, today the human rights protection mechanisms’ formation is still in motion.
One of the most interesting aspects is the possibility for EU to join the European Convention on Human Rights – a procedure which had no analogue in the international law history. In the light of the entry into force of the Treaty of Lisbon, that amend the founding treaties of the European Union , the study of various aspects of European Union law, including the concept of human rights has become particularly important and is among the priorities, including Ukrainian legal science, as the European Union is one of the key strategic partners of Ukraine, and effective collaboration is possible only with a full understanding of the legal nature and the inner workings of a partner.

Sharmoyants A. N.
Interstate integration processes in Europe
The article considers the interstate integration processes in Europe. Designated legal framework combining the European Union. We consider the position of the Court of Justice under the action of the rule of European Union law over domestic law of all States members of the community. Analyzes the characteristics of the three – level structure of the device EU authorities, as well as some of the patterns and trends in international integration processes. Historical development of mankind, the need to address global problems, the processes of globalization and regionalization have caused the need for transition to a qualitatively new infrastructure of the world order, in which an important place is given to international, in particular interstate, organizations and associations.
The idea of uniting European countries appeared in the distant past, its development at the present stage is characterized by the creation of influential inter-governmental organizations, the main of which is the European Union (hereinafter – EU). In the late XX beginning of the XXI century. The EU was and is one of the most rapidly developing and expanding union of states. The purpose of this paper is to review and analyze patterns and trends in international integration processes in the EU.

Administrative Law and Procedure;
Finance Law;
information law

Demyanchuk Y. V.
Administrative and legal aspects of regulation state secret
One of the conditions for the proper protection of state secrets is to create an appropriate legal framework that clearly governing the assignment of information to state secret, the criteria of this information means organizational and legal support, and more. Ukraine has a national system of protection of state secrets, is introduced to prevent the leakage of information containing state secrets.In view of the protection of national interests in the most dangerous state secrets are the following threats: loss of confidential information; curvature of the latter; unauthorized use of confidential information; the use of secret information resources from criminal purpose, and so on.
It should be noted that the overall level of protection of classified information at present is not very high. At present there are numerous cases of violations of state secrets. The trend of bringing individuals to account for violations of the law on state secrets is growing every year.
The analysis of court decisions on cases of administrative violations of the legislation on state secrets shows that the main causes of administrative violations of the legislation on state secrets is insufficient knowledge to people who have access and access to state secrets, the current legislation on state secrets; neglect of some persons having access and access to state secrets, the existing laws (for example, some managers of enterprises, institutions and organizations that carry out activities related to state secrets, believe that they have the information, the disclosure of which could cause damage to the national security of Ukraine).
So, I would say that in Ukraine the legal regulation of state secrets is given great importance, but there are a number of contentious issues that create obstacles to the proper functioning of the system of protection of state secrets, the resolution of which would be a positive impact on the level of national security in this area.

Korneychuk S. P.
The system of administrative enforcement measures applied by the state executive service
In the article scientific approaches are analysed in relation to the decision of concept and maintenance of measures of administrative compulsion in activity of organs of public administration.
Consideration of problem of administrative compulsion comes true in a context conceptually new looks that stipulate drastic alternations of organizationally legal principles of functioning of organs of public administration, in particular humanizing of their activity and increase of their authority, adjusting of relations between these organs and people on principles of partnership, improvement of methods and backer-ups of rights and freedoms people.
It is marked that complex research of an administratively-force activity of organs DIC in home administratively legal science carried out it was not, that and predetermines actuality of this direction of research and expediency of his realization taking into account the improvement of legal and organizational measures of improvement of such activity.
Displace attention, that within the limits of general range of problems of an administratively-force activity DIC, separate attention is needed by a decision and research of types of measures of administrative compulsion, that apply organs DIC and selection of them classification signs, that is embraced by the limits of the article of research in given articles.
A concept is offered administrative to the compulsion at activity of Government executive service as system of measures that are used the specially created executive body on founding and in the order certain by a law with the aim of providing of implementation in the force order of legal decrees and other organs of public administration.
The classification division of measures of administrative compulsion, that are used the organs of Government executive service on such groups, is carried out: а) those that is related to the illegal acts are measures of warning of illegal behavior, his stopping and establishment of responsibility for their finance, namely for non-fulfillment of legal requirements of state performer and obstacle of realization to them of the activity; б) those that is unconnected with illegal acts, – on such that is sent to providing of direct implementation of decisions of courts and other organs of public administration in the force order.

Ochkurenko S. V.
Subsidiary application of the provisions of the сivil law to the financial relationship
According to conventional Ukraine’s and other post-Soviet states’ doctrine the legal system includes branches of law that are distinguished depending on the subject and method of legal regulation. Subject of law– is the sphere of social relations, which is governed by its legal framework. On the proper qualifications of belonging law branch and public relations depend important legal consequences, as each branch of law has its legal instruments. For example, the judgment may have different meanings, sometimes completely opposite, depending only on the branch of law qualifications of norms or social relations, selected by the judge. Рarticularly responsible is the choice between public and private law qualifications as regulatory mechanisms differ significantly in public and private law.
Problems of qualification based on that specific social relationships in real life are closely intertwined. Therefore, the legislator often sets the rules of various branches of law in the text of the same regulations, without any clear indication of their branch belonging. However, a particularly difficult finding the right legal solution becomes when legislation does not explicitly establish branch rules that can be applied to a particular situation.
Sometimes this happens due to the imperfection and inadequate legislation. In these cases, lawyers are forced to seek legal provisions governing such relations, that is, to apply the law of analogy.
In other cases, the legislator purposely, in order to optimize the legal regulation directly or indirectly indicates the need for some (auxiliary) rules usage from other legal branch affiliation. Then it comes to the subsidiary application of the provisions of one branch belonging to the relationship, which is located in the regulation of other areas of law. Moreover, according to the author, it is necessary to clearly distinguish between the application of the provisions of civil law by analogy and their subsidiary application.
The article points to the objective necessity of the subsidiary application of civil law to the financial relationship. This is justified by the fact that public financial relations have superstructural nature over civilian relations. For example, the tax treatment of a particular subject always depends on the civil legal status and which transactions it uses in its operations. On the other hand, it is impractical and hardly possible to completely duplicate in the text of the Tax Code, all civil and legal terms and conditions that may affect the taxation regime. In some cases, the legislator to create new financial legal structures also partially uses the civil law (the tax liability, the solidary obligation, the solidary responsibility of taxpayers, etc.), which indicates the current trend of strengthening the interaction of these branches of law.
Thus, the subsidiary application of the provisions of the civil law to the financial relationship are objective and necessary legal reality. However, when using such a right tool is necessary to consider the limits imposed by law and follow from the nature of relations.
The main feature of the subsidiary application is that the civil law is used in this case not for regulation of civil relations, and for the regulation of public financial relations with applications to a particular case of all the principles and general provisions of the financial law. The most difficult cases to distinguish between are cases of use of the subsidiary and cases where the civil law is applied directly to the regulation of relations, which are closely related to financial relationships. In the mentioned cases, to each specific situation are also applied the principles and general rules of civil law, rather than financial law. Therefore, the prospects for further study of the problem of a subsidiary application of the civil law to the financial relationship the author sees in the field of research a wide range of issues on the division of financial and civil relations.

Puzyrnyy V. F.
Classification of administrative activity in establishments of execution of punishments
Significant changes in the criminal and executive legislation are being happening last time which main appointment is achievement of the European standards of the maintenance of the condemned persons. But only changes in the criminal and executive sphere it isn't enough. Administrative (organizational) component of functioning of the specified service needs improvement, for a start, through recognition of its importance and an equal share criminal and executive relations, and further need of its modernization.
Each of types of administrative activity of establishments of execution of punishments provides the corresponding productions and procedures which are carried out by authorized subjects according to the established norms. Consider, that establishment of execution of punishments represents organizational (or administrative) system, which functioning is exposed to internal and external influence, administrative activity in the mentioned establishment depending on its orientation can be divided on intrasystem and outwardly system.
Another reason for the classification of administrative activities penitentiary facility must consider its influence as which citizens, legal entities, employees, the administrative process, separate elements of the relations of the personnel of establishments with special squads act. Proceeding from it, it is allocated:

  • the administrative activity which connects with procedures which arise between the personnel of establishments of execution of punishments and citizens and legal entities
  • administrative activity providing procedures of ensuring work with condemned (questions of planning, the organization, interaction, coordination, control of educational, operational search, supervising and other activity where as object of influence acts condemned)
  • administrative activity which provides procedures of personnel work, it includes educational, social and legal work on reception on service, to strengthening of office discipline of employees etc. In this situation first of all the question is about the relations between personnel divisions and employees in questions of office activity.

So, correctional facilities, acting as a singular element of criminal and executive system, participate in administrative activity as the objects of influence from the governing bodies and the Public penitentiary service of Ukraine, and directly carry out administrative activity as subjects, realizing assigned to them intrasystem and outwardly system administrative functions.

Chizmar K. I.
Legal principles of relations of notary and advocacy
In modern society the importance of carrying out activities for the protection of the rights provided by the Institute of Notaries. Activities of notaries significantly affects almost all areas of public life. Formation in Ukraine market economy, which was based on private property, resulting in the need to strengthen the legal regulation of economic relations, which helped increase the role of notaries as a major regulator of relations. Increased civil activism, entrepreneurship development has necessitated the adoption of the Law of Ukraine «On Notary» fundamentally new provision which was the establishment of private notary activity. Modern Notary law was due to a relatively independent legal institution that is characterized by a particular subject, content and features of notarial activities.
However, in modern society advocacy is the only non-state actors in the system of law enforcement. This is a voluntary professional associations. A lawyer by its legal nature – free profession here – public nature of this human rights institution.
Thus, in the system of carrying out law enforcement, a special place belongs to the legal profession and notaries, the focus of which is the legal framework for protecting human rights and freedoms and lawful interests of individuals and legal entities. Ensuring the protection of human rights, lawyers and notaries whose activities contribute to the formation of law, and, in fact, guarantee the legal protection of the person under the Constitution of Ukraine recognized as the highest social value of the state.
The foregoing does not give rise to humiliate or to exaggerate the importance of notaries or advocacy in the legal system of Ukraine. Each of these legal institutions has its own place. If the activity is mainly a lawyer in court by settling in the form of competitive interests of the client, the notary’s activity takes place within the uncontested jurisdiction because the notary is representative of the state, and all persons who applied to him for legal advice.

Labor and Employment Law;
the right to social security;
environmental law

Elkin S. V.
The legal nature of «Cultural landscapes» as a component of the institute of landscape land use and protection
The article explores questions of the legal nature of the cultural landscape that are determined by the objective functions of land. The land laws, in general, take into account the principle of preserving the integrity of the cultural landscape. Set partly implementation of international instruments into national land laws, are some shortcomings of the domestic land-regulatory landscape approach to the regulation of land relations.
It was established that the term «cultural landscape» was officially introduced to the international UNESCO terminology in connection with the provision of Article 1 of the Convention for the Protection of the World Cultural and Natural Heritage, which refers to «common works of man and nature» or, in the terminology domestic, natural man-made structures. The introduction of this term in national legislation should be considered as resulting Ukraine duties as a member of the UNESCO Convention party, it is a form of an international treaty, ratified by Ukraine. It is proved that such an interpretation of the cultural landscape is directed only at some landscapes that are recognized for «unique». This is a definite drawback it. It thus remains ignored the vast majority of landscapes in which nature and culture not found «uniquely successful combination». Under the Convention on the Protection of the World Cultural and Natural Heritage, Convention on the Protection of Underwater Cultural Heritage and the Law of Ukraine «On Cultural Heritage», «On Protection of the Archaeological Heritage» are not covered landscapes. In fact, one reason for the development of the European Landscape Convention, and it was huge and «virgin» landscape, which is under UNESCO criteria not covered. Thus, the legal nature of the cultural landscape as part of the Institute of landscape use and protection of land was used for the formation of the international concept of the «European Landscape Convention», which includes the volume of the landscape are particular elements of the environment as an «ordinary» landscapes that also have cultural value.
It is concluded that the European Landscape Convention and the Convention on the Protection of the World Cultural and Natural Heritage are different (the first focused on the course, the second – the unique cultural landscapes), but they are not antagonists, and complement each other.

Ponomaryova O. P.
The legal basis for the people with people with disabilities in Germany
The article has been devoted to one of the most important problems of the modern world, – it is the legal status of the individual; namely the legal status of the people with disabilities. In particular it was dedicated to the special legal status of the people with disability. In the article have been considered the German legislation devoted to the people with disabilities. The reason to refer to the German law for the people with disabilities is that the situation of people with disabilities in Germany can serve as a obvious positive example not only for European Union countries but also for many other countries of the world.
This legislation for the people with disabilities in Germany was presented in the historical retrospective from its very beginning to the present time. The first stage of this legislation began at the end of the 19th century with the introduction of the social security system of Chancellor Otto von Bismarck. Hereinafter the special legislation for the people with disabilities in Germany was developed quantitatively and qualitatively up to the legislative strengthening of the disability people rights in the Constitution of Germany in 1949. After that the aforementioned legislation has been developed and adopted in mutual interrelation with the sources of the European Union law and the sources of the public international law of comparable focus. The result of this has the fundamentally new attitude to the people with disabilities in Germany. In Germany in the 21st century the concept of the state politics in relation to people with disabilities is aimed tо ensuring their full participation in the life of the whole society.

Rotan V. G.
Employment: natural and positivist approach in science, law-making and enforcement
In the article proved, that Constitutions of Ukraine absorbed in itself all ideas of absolute law and practically all christian values. In such terms an absolute law in Ukraine began to coincide with a right positive. Therefore contrasting of absolute and positive law in Ukraine as it applies to правотворчеству and аpply right lost sense. Only science cannot normatively limit in the search of truth, including by Constitution.
The problem of natural and positivist approaches in jurisprudence, law-making and enforcement mainly studied philosophy and legal theory. Thus the philosophical and legal theory and legal studies did not take into account characteristics of the different approaches to research, to law-making and enforcement, and the problem is solved as a whole, while it should be addressed in relation to science, law-making and enforcement in different ways and also taking into account the peculiarities of circumstances that still exist in Ukraine. Therefore, the conclusions are made based on the results of philosophical and legal theory and legal research, more and more signs of losing constructive and meaningfulness. This tendency can be overcome if the philosophical and legal theory and legal research problem that was the subject of this article will be complemented by sectoral studies of this problem. First of all it concerns labor law that regulates relations in which the individual is self-affirmation, reproduction and development of creative personality traits, that branch of law which by definition must be recognized humanocentric.

Criminal Law and Criminology;
penal law;
Criminal Procedure and Criminalistics;
forensic examination;

operatively-search activity

Bilichakh O. A.
Crime control: concept and forms
The article is based on the analysis of special scientific sources, the criminal procedural law and practice of its realization, deals with a content control for the offense as a tacit investigative (detective) action. The ratio of operational and investigative and criminal procedural law in the legal regulation of timely and controlled purchases of controlled deliveries, special investigator of the experiment, simulate the situation of the crime is analyzed. It was determined that before the adoption of the Criminal Procedure Code of Ukraine, the rapid and controlled purchases of controlled deliveries had been carried out only within the limits of operational activities. It is proved that expanding the list of investigator (detective) actions by putting covert forms is an essential achievement of national law, and will improve the efficiency of the public authorities in the sphere of combating crime.
With the introduction of the system of criminal proceedings institute covert investigative (detective) and controlling crimes actions particularly was proved that significantly are expanding pre-trial investigation in combating crime means, as an opportunity to directly influence the individuals actions who intend to commit serious and particularly serious crimes, and during this control distract or neutralize socially dangerous consequences that would occur in the absence of the steering influence of the controlling entity. The attention is focused on what assumptions control for the offense is a ban on provocative actions on the part of the pre-trial investigation on inciting a person to commit a crime or committing violent acts in relation to it, influence behavior by threats or blackmail.
On the basis of the study the author found that taking into account the state of the rule of law in Ukraine, legislator’s increased attention need the problems requiring operational activities legal regulation improvement of the legal consolidation of searching operations system.

Kachkovsky M. S.
The peculiarity of the visual inspection of the Crime site in the cases about deliberate introduction of dangerous products at the Ukrainian market
The article considers the peculiarity of the visual inspection of the crime site in the cases about deliberate introduction of dangerous products at the Ukrainian market under conditions of the operation of new Criminal Procedural code. The author stresses the excessive social danger of this crime with regard to the national economy and health of the population. The specificity and importance are determined of conducting thisinvestigative activity while considering this type of criminal offence. The article provides an insight into the tactical peculiarities of this type of investigative inspection. The article covers the investigator’s actions at the preparatory, working, and final stage of inspection. The information scope is stated which the investigator shall clarify before his visit to crime site: what happened; any witnesses of the crime and presence of the delinquent at the crime site; presence of the policemen and their actions; victims of the crime. The list of specialists is provided to be engaged into the inspection process.
Working period of this type of inspection is conducted according to the general rules considering the tasks to be fulfilled by the investigator at the working stage. Taking into account the crime specificity, it is recommended to apply the linear method of crime site inspection. The key inspection objects will be as follows: sector of the terrain or premises where the dangerous products were found; dangerous products and their raw materials; production equipment; packaging elements; transportation means; documents. The attention was paid to the types of documents which may be found during the inspection, and the rules of their handling. It is recommended to inspect the territory adjacent to the crime site. At the final stage of inspection, the investigator’s tasks are as follows: making protocol and attachments; packing of objects found at the crime site which are to be withdrawn; steps to preserve the objects which have the evidential significance but are impossible or unreasonable to withdraw from the crime site; acquaintance of participants with the protocol.

Koval O. V.
The legal and regulatory ensuring of the implementation of the covert investigatory (search) actions
This article describes the legal and regulatory ensuring of the implementation of the covert investigatory (search) actions and its correspondence to the current requirements. The covert investigations of crimes under the national criminal proceedings are stipulated according to the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters. That means that covert investigative (search) actions meet the international standards. The objective of this article is to determine the peculiarities of the application of the legal and regulatory ensuring of the implementation of the security and lighting ways and suggestions for its improvement.
Despite the rather short period of time since the new Criminal Procedure Code of Ukraine entered into force, a number of publications of researchers and practicians are dedicated to the study of the question of conducting of the covert investigative (search) actions and among them are Bernaz V. D., Blahuta R. I, Kolesnik V. A., Pohoretskyy M. A., Sergeev D. B., Skulish E. D., Tatarov O. Y., Farynyk V. I. But there are some issues regarding the legal and regulatory ensuring of the implementation of the covert investigatory (search) actions that require clarification and new scientific elaboration, taking into account the practical experience.
To determine the legal and regulatory ensuring of the implementation of the covert investigatory (search) actions we suggest to codify legal acts that ensure their implementation. The article offers a three-tiered distribution of the regulatory legal acts to ensure the implementation of the covert investigatory (search) actions, which consists of the Basic Law, subordinate legislation and departmental legal acts. Wherein the third level of the legal and regulatory ensuring of the implementation of the rights and freedoms of the citizens during the operational and technical measures should be divided into overt and covert departmental legal acts.