Galician Studies: Law Sciences

LEGAL REGULATION OF THE RENTAL AGREEMENT

2024-02-14T08:27:29+02:00

The article examines theoretical aspects, normative regulation and the practice of applying legal norms regarding the rental agreement. It should be noted that the rental agreement belongs to the group of agreements aimed at the transfer of property for temporary use and is a type of property rental agreement. In addition, the subject, legal characteristics of the contract, features of the rental contract were considered, and the procedure for concluding the contract was analyzed. The authors note that the subject of the rental contract can be used for production purposes, if this is established by the contract. It should be noted that the allocation of a rental agreement into a special type is determined by the specifics related to the purpose of its conclusion, subject composition, subject matter, content and responsibility of the parties. The analysis of the legislation provides grounds for asserting that the rental agreement refers to both public and affiliation agreements. It is worth noting that court practice today assumes that the lessor has the right to withdraw from the contract after the payment of the fee for the use of the property for the third month has arrived. The lessor has the right to withdraw from the contract in such a case, regardless of whether the lessee pays the usage fee in the future or not. It is emphasized that the rental contract can be concluded both verbally and in writing, and the will to conclude the contract can be expressed in electronic form. The authors claim that when concluding contracts by joining, one party formulates the conditions, and the other can only join the offer made. That is, in contrast to the generally accepted situation, the offeror in accession contracts can only be the party that defines its conditions in forms or other standard forms and offers them for accession. Therefore, an offer to conclude a rental agreement can be made verbally, in writing or electronically. Attention is focused on the fact that the rental contract belongs to the group of contracts aimed at the transfer of property for temporary use and is a type of property rental contract.

FEATURES OF GRANTING FULL CIVIL CAPACITY TO A MINOR PERSON IN THE JUDICIAL PROCEDURE

2024-02-14T08:30:30+02:00

The article is devoted to the study of the grounds and conditions for granting full civil legal capacity to a minor in court, the procedural features of consideration of cases of this category. It was concluded that according to the current legislation of Ukraine, a natural person who has reached the age of sixteen and works under an employment contract, as well as a minor registered by the child's mother or father, can be granted full civil legal capacity in a court of law, in the absence of parental consent (adoptive parents) or guardian. The impracticality of empowering a judicial authority to grant a natural person who has reached the age of sixteen and wishes to engage in entrepreneurial activity, full civil legal capacity for registration as an entrepreneur without the consent of parents (adoptive parents), a guardian or a body of guardianship and guardianship has been substantiated. It was concluded that full civil legal capacity is acquired by a natural person who has registered as an entrepreneur in order to carry out entrepreneurial activities, and is not granted to him for the purpose of creating conditions for registration by a business entity without the consent specified in "On State Registration of Legal Entities, Natural Entities – entrepreneurs and public organizations" dated 15.05.2003 No. 755-IV bodies or individuals. It is argued that for emancipation the courts need not only to establish the fact of the registration of a minor by the child's mother or father according to the State Register of civil status acts of citizens or the conclusion of an employment contract with a natural person who has reached the age of sixteen, but also necessarily take into account the level of his mental (mental) maturity, as it reflects her ability to realize the meaning of her actions and their consequences. It was concluded that the presence of a minor's mental (mental) maturity at a level that allows him to independently exercise his civil rights and fulfill his duties can be established by the court based on the conclusion of a forensic psychological examination. It is noted that the parents (adoptive parents) or the guardian of a minor cannot represent his interests during the consideration of the case, since they participate in it as interested persons, but the applicant is subject to the right to free secondary legal assistance. In order to improve the legal regulation of court consideration of cases on granting a minor full civil legal capacity, amendments and additions to the Civil Code of Ukraine and the Civil Procedure Code of Ukraine are proposed.

CERTAIN ISSUES OF THE INHERITANCE STATUS OF CHILDREN

2024-02-14T08:34:03+02:00

The article is devoted to the analysis of controversial aspects of the inheritance-legal status of children, among which special attention is paid to the issues of determining the moment of emergence of the right to inheritance, the inheritance-legal status of children conceived during the life of the testator and born after his death, as well as children conceived as a result of the use of assisted reproductive technologies and those born after the death of the testator. It is emphasized that the issue of determining the moment of the right to life is controversial and does not have an unambiguous solution in jurisprudence, religion, and medicine. At the same time, a systematic analysis of the legal norms that determine the moment of the right to life makes it possible to conclude that the right to life, and, as a result, the right to inheritance arises in a person at the moment of his live birth, regardless of the presence of criteria for his viability. In accordance with Part 1 of Art. 1222 of the Civil Code of Ukraine, natural persons who are alive at the time of the opening of the inheritance, as well as persons who were conceived during the life of the testator and born alive after the opening of the inheritance can be heirs under the will and by law. The authors believe that this provision is fair because it enables children conceived during the life of the testator, but born after his death, to inherit the property of the testator. At the same time, attention is drawn to the fact that today the legislation of Ukraine does not regulate the issue of inheritance status of children conceived and born as a result of the use of assisted reproductive technologies after the death of the testator, which is discriminatory, as it deprives such children of the opportunity to inherit the testator's property. Summarizing conclusions have been made regarding the need to amend the legislation of Ukraine, which will enshrine the right of children conceived as a result of the use of assisted reproductive technologies and born after the death of the testator, to inheritance. At the same time, it is considered necessary to establish certain conditions, the observance of which will determine the recognition of such children as heirs.

EFFECTIVENESS OF LEGAL RESPONSIBILITY: THEORETICAL AND LEGAL PRINCIPLES

2024-02-14T08:21:43+02:00

The article establishes the relevance of scientific knowledge of legal responsibility from the point of view of effectiveness, which involves a certain action on the offender and is associated with the onset of the corresponding consequences determined by the law up to the use of coercive physical influence. Emphasis is placed on the understanding by each participant of social relations that illegal behavior is followed by state coercion, because the rule of law in society must be ensured under any conditions. The theoretical and legal foundations of knowledge of the effectiveness of legal responsibility as a fundamental idea that reflects the essence and purpose of the institute of legal responsibility and is in close interaction with the principles of legal responsibility are analyzed. In general, legal responsibility is based on certain principles that reflect its nature and purpose. It is noted that the effectiveness of legal responsibility can be considered as one of the principles of legal responsibility. Attention is drawn to the fact that the principles of legal responsibility are closely interconnected and interdependent: the existence of one principle implies the existence of another, and the violation of one principle will lead to the violation of another. It has been determined that the effectiveness of legal responsibility as a principle is a stable legal idea that characterizes the essence and content of legal responsibility, has legislative consolidation and is related to the practical aspects of its implementation in order to guarantee and restore human rights and freedoms. If the legal responsibility will not have signs of effectiveness, then the very purpose and essence of its establishment is lost. Therefore, the establishment of any legal liability must be supported by legality, justice, effectiveness, inevitability of punishment and other principles.

LEGAL STATUS OF ARTIFICIAL INTELLIGENCE IN UKRAINE AND LATVIA

2024-02-14T08:24:22+02:00

The article presents a study devoted to the legal status of artificial intelligence in Ukraine and Latvia and aimed at considering current issues and legal aspects related to the use and development of artificial intelligence in these countries, as well as their regulatory and legal regulation. Therefore, we carried out a comprehensive analysis of the legal status of artificial intelligence in Ukraine and Latvia, where we considered the specifics of the legislative aspects of regulation in each of these countries. Carrying out such an analysis not only made it possible to determine the current state of legal regulation of artificial intelligence in Ukraine and Latvia, but also highlighted the need for improvement and further development of new legal mechanisms for effective regulation of the use and development of artificial intelligence. Therefore, we consider the consideration of the legal status of artificial intelligence in Ukraine and Latvia to be an important step in ensuring an effective and progressive legal framework for the development of these technologies in light of the challenges of the modern digital society. The results of the conducted research confirmed that both Ukraine and Latvia have already started the legislative regulation of artificial intelligence in general, but most of the fundamental concepts of regulatory and legal regulation and protection regarding the rights to use artificial intelligence still require significant revisions at the legislative level. In addition, the results of the comparative analysis made it possible to identify certain common features in the legal regulation of artificial intelligence, however, the identified differences and gaps indicate the need for further work in this direction. In particular, it is important to take into account the ethical aspects of using artificial intelligence, as well as to develop legal protection mechanisms for persons who may be involved in the process of using this technology. Therefore, we see the prospect of further research in the study of new steps and stages of securing the legal status of artificial intelligence, which will be taken by Ukraine and Latvia for their effective regulatory and legal regulation as a whole.

ON THE QUESTION OF THE CLASSIFICATION OF THE PRINCIPLES OF LOCAL GOVERNMENT AS AN INSTITUTE OF ADMINISTRATIVE LAW

2024-02-14T09:03:15+02:00

The article formulates the thesis that the principles of local self-government in the administrative law of Ukraine should not be systematized (as many administrative researchers with institutional principles are trying to do). Instead, it is expedient to pay attention and investigate what features this or that principle of law has when it is applied within the field of administrative law to the institution of local self-government. It may be unreasonable to distinguish (classify) the principles of local self-government only for administrative law, since they form the foundation of general law. Rather than singling out separate principles of local self-government for different branches of the national legal system, it is important to examine how these principles are concretized and applied in different branches of law. This approach to research will provide an opportunity to better understand how specific principles affect the administrative and legal regulation of local self-government and its features. Studying specific examples and using the principles of local self-government in various fields will reveal their universality and real impact on the legal system in general. It is summarized that a conscious refusal to systematize the principles of the local self-government institute during their analysis during administrative and legal research is fruitful. In general, this approach has its advantages and disadvantages, and the effectiveness is determined depending on the specific study and its objectives. On the basis of this, the author defends the approach that at the current stage of the development of the administrative-legal doctrine, it is impractical to systematize (classify) the principles of local self-government. Proposals are formulated for further improvement of approaches to the analysis of the principles of local self-government, including more often turning to the detailed study of the principles of local self-government in administrative law in order to take into account its specific features and impact on the activities of authorities.

PROCEDURAL ISSUES OF THE IMPLEMENTATION OF SUBJECTIVE PROCEDURAL RIGHTS AND LEGAL OBLIGATIONS BY THIRD PARTIES, THEIR REPRESENTATIVES, AS PARTICIPANTS IN THE CASE IN ADMINISTRATIVE PROCEEDINGS

2024-02-14T09:08:30+02:00

The purpose of article is to establish theoretical, legal foundations and analyze administrative procedural legislation of Ukraine regarding the procedural issues of the implementation of subjective procedural rights, legal obligations by third parties, their representatives, as participants in administrative proceedings. The methodology of scientific research will be methods of scientific knowledge. They include the method of system analysis, the dialectical method of scientific knowledge, the formal-dogmatic method, modeling methods, the method of analysis and the method of synthesis, the method of induction and the method of deduction, other methods. The first section of article defines theoretical, legal foundations of procedural issues of the implementation of subjective procedural rights and legal obligations by third parties, their representatives, as participants in administrative proceedings. The second section of article is devoted to research of normative regulation of procedural issues of the implementation of subjective procedural rights and legal obligations by third parties, their representatives, as participants in administrative proceedings. In conclusions to article, attention is focused on fact, that in the Code of Administrative Proceedings of Ukraine, the legislator divided third parties, as participants in the case in administrative proceedings into two categories, established special legal procedure for the involvement of third parties and their representatives in the administrative case, provided the purpose of involvement third parties and their representatives in the administrative case. Also, attention is focused on fact, that the legal grounds and conditions for involvement of third parties and their representatives in the administrative case are regulated. Moreover, it is determined, what constitutes proper confirmation of self-representation of a legal entity or a subject of authority, which has the status of legal entity and has an opportunity to take part in the administrative case, as the third party.

ON THE ISSUE OF PREVENTIVE ACTIVITIES OF THE NATIONAL POLICE UNDER THE CONDITIONS OF THE LEGAL REGIME OF THE MARTIAL STATE

2024-02-14T09:11:03+02:00

The article is devoted to the study of the issue of preventive activities of the National Police of Ukraine under the conditions of the legal regime of martial law. Attention is drawn to the fact that one of the primary tasks of the state in strengthening law and order is crime prevention. Measures that help save the lives of civilians become especially important, in particular, in areas where active hostilities are taking place. It becomes quite obvious that the preventive activity of the National Police as the basis of its activity is extremely important. Emphasis is placed on the fact that since the introduction of the legal regime of martial law, significant changes have taken place in the national legislation, which are caused by it. In particular, on March 21, 2023, Law of Ukraine No. 3000-IX “On Amendments to the Code of Ukraine on Administrative Offenses, the Criminal Code of Ukraine and other laws of Ukraine regarding the regulation of certain issues of the National Police of Ukraine during martial law” and Law of Ukraine No. 2123-IX “On Amendments to the Laws of Ukraine “On the National Police” and “On the Disciplinary Statute of the National Police of Ukraine” for the purpose of optimizing police activities, including during martial law” dated March 15, 2022. The main preventive measures, which are applied more often than others during the legal regime of martial law, are studied. Attention is drawn to the fact that today, as long as the legal regime of martial law is in effect, the issue of breaking into a person’s home/other property during curfew remains relevant. Emphasis is placed on the fact that all preventive measures, without exception, which are used by police officers in the exercise of their powers, are extremely important and quite often complement each other. The preventive activities of the National Police of Ukraine are aimed at preventing both administrative and criminal offenses, which, in turn, helps to eliminate the negative consequences of illegal actions in the future.

EU STANDARDS AND CASE LAW IN THE STUDY OF THE RULE OF LAW AND HUMAN RIGHTS

2024-02-14T09:41:44+02:00

Human rights are fundamental and therefore inalienable rights, i.e. those whose violation would lead to an attack on the very essence of humanity. For this reason, it is important for everyone to be aware of and know about human rights, their content and the forms of protection provided for them, because everyone should be able to enjoy their fundamental rights for the sole purpose of living in peace without distinction. Human rights, democracy and the rule of law create an environment in which countries can promote development, protect people from discrimination and ensure equal access to justice for all. Countless examples of judicial decisions on human rights issues, the very nature of which requires a greater sense of caution and reflection on the lives at stake, are on the daily agenda of supreme courts around the world. The issues addressed are diverse in nature, and legal expertise should always focus on promoting the highest principles of human worth, not only in terms of protecting their fundamental rights to survive with dignity, but also in favour of their peaceful coexistence. The diverse, thriving and now universally recognised field of human rights offers many points for reflection and requires constant efforts from advocates, researchers and activists, given the still open challenges facing states as the main actors in protecting and, at the same time, violating human rights. In fact, there are numerous international institutions promoting and protecting fundamental rights. However, to date, legally binding documents for states exist only at regional level, which are then reviewed and/or sanctioned by the courts in case of violation. In the field of human rights, such complementarity is particularly effective in promoting international justice and multi-level cooperation, reflecting the universal nature of human rights. Quasi-judicial international bodies that complement courts and tribunals, although they do not produce legally binding decisions.

THE EXPERIENCE OF STRUCTURE JUVENILE JUSTICE IN ENGLAND AND WALES AND ITS ROLE FOR UKRAINE

2024-02-14T09:46:45+02:00

For the effective construction of juvenile justice, it is necessary to study the experience of other developed countries. Juvenile justice in England has taken a long time to develop and continues to evolve. Children in England can be held criminally liable from the age of 10. In the early 1990s, instead of loyally diverting minors from criminal responsibility, a number of legal acts were adopted that made minors more responsible for their actions. For example it was the passing of the Criminal Justice Act 1991, which moved to a “just merits” approach and shifted the focus of sentencing to the nature and seriousness of the offense rather than the offender and his/her criminal record. One of the most important aspects of juvenile justice in England is preventive activity. Work with minors prone to illegal behavior, as well as with dysfunctional families, is provided, first of all, by law enforcement agencies and social services and consists in the organization of appropriate preventive and corrective measures. In case of detection of a dysfunctional family, in which the proper conditions for the normal development of the child are not created, moreover, where the child is insulted, punished or not paid attention to at all, which begins to negatively affect the child’s behavior, the child is temporarily removed from the family. There are different types of guardianship: short-term, which lasts a few months, and long-term, which can last for several years until the child reaches adulthood. There are also various early intervention programs. In England, there are specialized juvenile courts. Accused of murder; persons accused of committing a serious crime, for which a person over the age of 21 may be sentenced to imprisonment for a term of at least 14 years; persons charged with the crime of indecent assault are tried in the Crown Court. However, numerous studies prove the fact that juvenile workers in England need to improve their professional skills in working with minors. An analysis of the English experience has shown that they have norms that need improvement, in particular with regard to privacy, the use of stun guns for minors, raising the age of criminal responsibility, improving child-friendly justice, the need to move more quickly from a punitive approach to a more progressive one based on the principle “child first”. Instead, Ukraine needs to pay more attention to preventive measures of juvenile delinquency, studying the principle of “children first” for the further construction and development of juvenile justice.

RESPONSIBILITY FOR VIOLATIONS OF THE ENVIRONMENTAL RIGHTS OF EMPLOYEES

2024-02-14T08:47:34+02:00

An important component of the modern approach to the protection of the natural environment and ensuring labor safety at enterprises, institutions, and organizations is the environmental rights of employees. They are aimed at providing employees with safe and healthy working conditions, as well as at reducing the negative impact of production factors on the employee’s body when performing work associated with harmful and difficult working conditions. When hiring an employee, employers must provide transparent and complete information about harmful working conditions at the workplace. Ensuring occupational safety is an important component of the management of enterprises and organizations in order to preserve the life, health and well-being of employees. This process includes developed measures aimed at prevention and minimization of industrial risks at the workplace. The right to participate in the management of the enterprise, in terms of ensuring healthy and safe working conditions, in addition to employees, is also granted to the representative body – the trade union, which, according to the legislation, has the right to protect and represent employees whose rights have been violated. Trade unions and employees have the right to participate in decision-making processes related to the protection of the natural environment within the workplace. Their opinions and help should be taken into account when implementing environmental initiatives and measures. The employer’s duty is to ensure safe working conditions and take measures to prevent possible negative effects on the health of employees due to the company’s activities. Employers must systematically conduct risk assessments to identify hazards and take measures to prevent them. When risks are identified for the employee during the performance of his work duties, employers must take measures to reduce and eliminate them. Separately, we draw attention to the employer’s obligation to develop a clear occupational safety policy that takes into account the needs of a specific enterprise or organization through the prism of conducting training, briefings and their constant monitoring. Through the prism of legislation, the responsibility of the subjects of labor relations for acquired occupational diseases or injuries related to environmental risks at the workplace, which must be recognized and compensated, was analyzed.

SOME ASPECTS OF LEGAL REGULATION OF LABOR RIGHTS AND GUARANTEES OF INTERNALLY DISPLACED PERSONS

2024-02-14T08:51:01+02:00

The article is devoted to the study of one of the key components of social justice and stability in the labor market in the modern world – the protection of labor rights and legitimate interests of employees. Through the prism of normative regulation, certain issues of protection of labor rights and guarantees of internally displaced persons are highlighted. Since the introduced legal norms should be aimed at ensuring fair working conditions, participation of internally displaced persons in decision-making, freedom of expression, vacations, employment, safety at work, etc., it is important that such persons are familiar with their rights and know how they can protect them in case of violation. The legal regulation of obtaining the status of an internally displaced person is considered. Attention is paid to the principle of equal rights and opportunities in the labor market of the so-called «immigrants», since they should not be the object of discrimination due to their gender, age, race or other affiliation. Differences between leave without salary under clause 4 of Art. 12 of Law No. 2136-IX and leave without pay under Art. 26 Law No. 504/96-VR for internally displaced persons. The procedure for employment of internally displaced persons is disclosed, because today this problem is one of the most acute and, at the same time, a special institute of labor law, which includes a number of legal, economic and social measures and means of organization and job search. It is emphasized that such relations are pre-employment relations, as they are aimed at the creation of an employment contract in the future. Attention is focused on some problems that both employers and internally displaced persons face when looking for work in a new place of residence, and ways to solve them are outlined. Attention is paid to the issue of state payment of compensation to employers for employment of internally displaced persons as a result of hostilities at their new place of residence (residence).

THE STAGES OF INSTITUTIONALIZATION OF COVERT INVESTIGATIVE SEARCH ACTIONS IN THE CRIMINAL PROCEDURE LAW OF UKRAINE BEFORE THE ADOPTION OF THE CRIMINAL PROCEDURE CODE OF UKRAINE IN 2012

2024-02-14T09:23:12+02:00

In this article, the author comprehensively examines the issue of the stages of institutionalisation of covert investigative (detective) actions in the criminal procedural law of Ukraine prior to the adoption of the CPC of Ukraine in 2012. For this scientific article, the author used general scientific methods of cognition, as well as a number of special research methods: formal-dogmatic (legal) – to reveal the content of the legislative acts referred to in the article; dialectical – to understand the essence of the advantages and disadvantages of the reforms; and comparative analysis – to analyse the content of legislative provisions in criminal procedure. The regulatory and legal basis for this study is the criminal procedure legislation and international acts in force in Ukraine in different periods. The novelty of the results obtained is determined by the fact that the author has thoroughly studied the stages of development of the powers of state authorities to conduct operational and investigative activities. The author distinguishes and analyses the legislator’s approach to determining the grounds for conducting, obtaining permission, the procedure for conducting and recording, and using the results of covert measures in the course of regulating these special investigative actions, and also introduces a reservation regarding the possibility of limiting the guarantees of human rights and freedoms, depending on certain circumstances which pose an increased public danger and the procedure for such limitation. Attention is also drawn to the basic principles of organisation, conduct, grounds for conducting and using the results of operational search activities, as well as the duties of the bodies conducting them, the forms and methods of their conduct and operational and technical measures, and restrictions on conducting operational search activities, formulated by the Ukrainian legislator. The article emphasises the importance of changes to Ukrainian legislation in the field of criminal procedure, namely, the conduct of covert investigative (detective) actions prior to the introduction of the current Criminal Procedure Code of 2012.

CURRENT PROBLEMS OF ESTABLISHING CRIMINAL LIABILITY FOR THE ORGANISATION OF PARAMILITARY OR ARMED GROUPS NOT COVERED BY THE LEGAL SYSTEM

2024-02-14T09:32:06+02:00

The article is devoted to the study of the theoretical and legal foundations of criminal law aimed at determining the legal nature and signs of creation of paramilitary or armed groups not provided for by law, as well as participation in them. The author examines the criminal law nature of paramilitary and armed groups not provided for by law, and also defines their characteristics from the point of view of criminal law. The article examines in detail the peculiarities of determining the objective and subjective signs of creation of paramilitary or armed groups not provided for by law and participation in them. The authors analyze in detail the object, objective and subjective aspects of this phenomenon, and draw conclusions regarding their definition. The article focuses on the problematic issues of counteracting the creation of paramilitary or armed groups not provided for by law, and identifies ways to eliminate them. The author examines topical issues of criminal liability for creation and participation in such formations. In addition, the author analyzes the possibility of improving criminal legislation for more effective counteraction to this phenomenon, in particular, taking into account international experience and judicial practice. The author’s article is noted for its important contribution to understanding the problems associated with the creation of paramilitary and armed groups not provided for by law, as well as participation in them. The work is relevant and competent, as it examines the objective and subjective aspects of this phenomenon, and also highlights the current issues of criminal liability for such actions. The article contributes to the development of specific measures to improve legislative regulation in this area, in particular, by analyzing international experience and case law. The author makes important recommendations for improving criminal legislation to effectively counteract the creation of and participation in illegal paramilitary and armed groups. This article not only expands our understanding of the criminal law nature of these actions, but also provides practical tools for addressing this issue through legislative and human rights measures. This approach is relevant and helps to promote the improvement of legal regulation in order to ensure stability and security of society.

HISTORICAL ANALYSIS OF WITNESS PROTECTION PROGRAM IN THE USA

2024-02-14T09:34:59+02:00

The author analyzed the prerequisites, creation process and evolution of the American WITSEC witness protection program. Attention is focused on the administrative and legal aspects of protection programs. The problems of interdepartmental interaction of law enforcement agencies in the United States of America during the implementation of the national strategy to fight the Italian mafia in the 70s of the last century are thoroughly analyzed. The author investigated the peculiarities of the use of “strike” forces against the LCN group, focusing on elements of social support for witnesses and procedures for resettlement to a new place of residence. The article draws attention to the “consumerist” approach of federal prosecutors to show the use of key witnesses against the mafia in the initial stages of the application of the protection program. The need to take into account psychological and other risks when determining a safe strategy for a witness or his relatives is emphasized. The author drew attention to the presence of problems in the American and modern Ukrainian systems of protection of participants in criminal proceedings due to the clear differentiation between programs for the protection of accidental witnesses and criminals who decided to testify against their former accomplices. The author emphasized the similarity of the approaches of the marshal service in the 80s of the last century and representatives of special units of law enforcement agencies of Ukraine in ensuring the safety of witnesses and victims through the use of physical protection. Special emphasis is placed on the role of the political leadership of the country and representatives of the Senate in coordination with the fight against organized crime during the term of office of the US presidents John Kennedy and Lyndon Johnson. Such elements of protection as the replacement of identification documents and the involvement of large US businesses to facilitate further employment of witnesses were analyzed. The author drew attention to the demonstration of strategic planning during the implementation of American witness protection programs, the limitation of qualified personnel necessary for high-quality protection, and the significant overloading of the protection unit due to the rapid increase of participants in the protection program. The results of the investigation of the Kefauver and McClellan Senate commission on the improvement of the witness protection system in the United States are analyzed and problems and positive trends that have radically changed the security landscape in this area are identified. The author investigated the stages of formation of the witness protection program in the United States Marshals Service, focusing on the analysis of management aspects, staff structure, organizational procedures and funding of the protection unit. Thanks to a well-founded analysis of individual stages of the development of the witness protection program in the USA, a comparative analysis of the evolution of the national system of protection of participants in criminal proceedings was carried out, which can contribute to the rethinking and further reloading of legal and administrative mechanisms for ensuring the safety of witnesses and victims in our country.

EVIDENCE IN ELECTRONIC FORM IN CRIMINAL PROCEEDINGS

2024-02-14T09:37:44+02:00

The article is aimed at highlighting the essence of evidence in electronic form and determining which type of procedural sources of evidence in criminal proceedings they belong to. The author notes that the concepts of “digital evidence” and “electronic evidence” are mostly used as synonyms in the specialised literature and official documents. However, it is technically correct to use the category of “digital evidence”. At the same time, digital evidence is electronic evidence generated in a numerical format or converted into it. The author argues that several approaches to the interpretation of the essence of electronic evidence have been formed in legal doctrine and legal regulation. Most scholars understand electronic evidence to be data or information that has emerged as a result of the use of digital technology and relevant software and can be used in court proceedings. Other researchers define electronic evidence as objects of digital (electronic) dimension that may be relevant to criminal proceedings. The third approach to the interpretation of electronic evidence is any evidence obtained from data contained in or produced by any device whose functioning depends on software or data stored or transmitted through a computer system or network. It is substantiated that the evidence in question should be more correctly called “evidence in electronic form”, since this name reflects the environment for creating, using, storing, displaying, detecting, recording, retrieving and examining information relevant to criminal proceedings. The electronic form of information is an intangible version of other forms of information (written, graphic, audiovisual and their combination). It can reproduce absolutely all elements of information in a tangible form. Moreover, the electronic form has the advantage of containing parameters that are not available in other forms (e.g. metadata). The author’s definition of evidence in electronic form is formulated – it is information created, processed, stored or transmitted by means of analogue or digital signals which is relevant for criminal proceedings. The author notes that the CPC of Ukraine does not yet distinguish evidence in electronic form. Considering them in the context of documents, the legislator has extended the general rules for the use of evidence in criminal proceedings to electronic evidence. It is emphasised that due to the peculiarities of electronic evidence, there are ongoing discussions about its belonging to procedural sources of evidence. The author concludes that electronic evidence is a new social and legal phenomenon in the information age. Compared to non-electronic evidence, it has its own nature which determines its peculiarities and requires a different mechanism of proof, which indicates an independent place in the system of procedural sources of evidence.