Actual problems of native jurisprudence最新文献

{"title":"THE CONCEPT OF “DIGITALIZATION OF STATE POWER” AS THE BASIS OF THE CONCEPT OF THE DIGITAL STATE","authors":"Nadzhafli Emin Nadzhafli Emin","doi":"10.15421/392172","DOIUrl":"https://doi.org/10.15421/392172","url":null,"abstract":"The aim of the article is to develop a definitive basis for the concept of the digital state, the core of which is the concept of “digitalization of state power”, as well as the disclosure of its features. The article draws attention to the fact that the digitalization of state power means a component of digitalization of public relations, which has a natural, appropriate, regulatory nature, is aimed at the functioning of a special object (system of public authorities), provides integration of public authorities and information-communication technologies in order to create a qualitatively new, digital environment for the functioning of state power and its interaction with society, is manifested in the purposeful and comprehensive impact of information and communication technologies on the system of public authorities in order to transform its institutional, functional and regulatory components and achieve these parameters of a qualitatively new state, within which the implementation of state power is maximally synchronized with the will of society and is under its constant control. The main features of digitalization of state power are as follows: 1) proactive, orderly and purposeful nature; 2) innovative nature; 3) the presence of a special facility (system of public authorities and the order of their operation); 4) the presence of special entities – public authorities that initiate, implement and control the processes of digitalization; subjects of civil society that contribute to the initiation of digitalization, implementation of its models, analyze its course and results; international organizations that promote digitalization, provide the necessary recommendations and information and analytical assistance to public authorities, ensure the transmission of best practices in the digitalization of public authorities); 5) regulatory and legal nature; 6) permanent character; 7) security value for the functioning of the entire system of state power; 8) the transformative effect of information and communication technologies in the digitalization of state power; 9) the combination of traditional forms of government with new forms of e-government, which allow to ensure the full participation of the people in the exercise of public power, will make it permanent; 10) provision of most public services in electronic form; 11) fixation of new – digital human rights and digital responsibilities of the state, which correlate with each other; 12) procedural nature, which means that the digitalization of state power involves the following components: technological (technology implementation), regulatory (legislative support), transformational (change of institutions and functions of public authorities), social (public perception of these transformative innovations in public administration); 13) implementation of management processes in electronic form, their formalization, standardization and significant acceleration, minimization of paper media in the offici","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126613352","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE PRESIDENT’S POWERS OF THE REPUBLIC OF POLAND IN RELATIONS WITH THE PARLIAMENT","authors":"M. Marchuk","doi":"10.15421/392173","DOIUrl":"https://doi.org/10.15421/392173","url":null,"abstract":"The article is devoted to the research of the President’s powers of the Republic of Poland in relations with the Sejm and the Senate as the chambers of the Polish Parliament. The main approaches to defining the specific President’s powers in the Polish constitutional doctrine, the Constitution and current legislation are described. The dominant doctrinal classification of the President’s powers of the Republic of Poland in relation to the Sejm and the Senate is given; the separate parts, such as powers related to setting elections and convening the first meeting of the Sejm and the Senate; powers related to the Sejm term reduction; powers in the legislative sphere, as well as the opportunity to appeal to the Sejm the Senate or the National Assembly with a message, are highlighted due to the classification. The scientific position is argued, according to which the President’s powers of the Republic of Poland that are related to setting the elections and convening the first session of the Sejm and the Senate influence on the Polish Parliament work, but do not play a significant role, because they have a procedural (organizational and technical) character. At the same time, it is stated that, the opportunity to influence on the period, over which the parliament can carry out its activities, and the terms of its powers is undoubtedly an important power in contrast to procedural rights. It is emphasized that the scope of the President’s powers of the Republic of Poland in the legislative sphere is quite wide and includes the right of legislative initiative, the right of suspensive veto, as well as the opportunity to appeal to the Constitutional Tribunal on the approved law constitutionality. It is concluded that due to the President’s obligation on signing a law, which constitutionality to the Main Law is certified by the Constitutional Tribunal, the requirement to certify it by the head of state represents only as a political safeguard, especially in the context of total implementation of EU systemic decisions into the national legal system of Poland. The special attention is paid to the opportunity of the President of the Republic of Poland to appeal to the Sejm, the Senate or the National Assembly with a message as an effective tool for bringing his position on a particular issue within the mechanism of proper cooperation between authorities.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"120 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116024938","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"LEGAL FRAMEWORK FOR CRIMINOLOGICAL MONITORING BY THE NATIONAL POLICE OF UKRAINE","authors":"N. Sydorenko","doi":"10.15421/392188","DOIUrl":"https://doi.org/10.15421/392188","url":null,"abstract":"The relevance of the article is that at the beginning of the study of the legal framework for criminological monitoring by the National Police of Ukraine, it should be noted that no legal act regulating police activities contains a definition of criminological monitoring, although the concept of monitoring is used, in particular in monitoring operational environment. The article examines the current state of monitoring by the police. Based on the research, the range of problematic issues related to police monitoring is outlined, and ways to solve them are suggested. No legal act regulating the activities of the police contains a definition of criminological monitoring, although the concept of monitoring is used, in particular in the aspect of monitoring the operational situation. The National Police of Ukraine is the central body of executive power that serves society by ensuring the protection of human rights and freedoms, combating crime, maintaining public safety and order. The main tasks of the national police are: ensuring public safety and order; protection of human rights and freedoms, as well as the interests of society and the state; crime prevention; providing, within the limits specified by law, assistance services to persons who, for personal, economic, social reasons or as a result of emergencies, need such assistance. In the Law of Ukraine “On the National Police” “monitoring” is not used by the legislator, although in some way the monitoring powers are reflected in the content of Art. 25 “Powers of the police in the field of information and analytical support”. Thus, the police carry out information and analytical activities solely to exercise their powers under the law. The concept of “criminological monitoring” is a broader concept than “monitoring of a criminogenic situation (situation)”. These concepts are close, but not identical, they differ in terms of content (monitoring of the operational situation includes observation, measurement and evaluation not only of certain criminal phenomena, but also other emergencies and offenses) and purpose.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"133 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127566741","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"CONCEPT AND LEGAL REGULATION OF NIGHT WORK IN UKRAINE AND SCANDINAVIAN COUNTRIES","authors":"D. Dmytrenko","doi":"10.15421/392177","DOIUrl":"https://doi.org/10.15421/392177","url":null,"abstract":"This article is devoted to comparative legal analysis of night work in Ukraine, Denmark, Iceland, Norway, Finland, and Sweden. International Labor Organisation Convention concerning night work No 171 has not been ratified by Ukraine and any of the countries of Scandinavian legal model, and therefore, labor legislation of these countries does not comply with international legal standards. The only exception is Denmark, where provisions of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time were partially implemented. The only exception is Denmark, where provisions of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time were partially implemented. Denmark implemeted provision concerning night workers’ right to free medical examination: before the appointment of an employee to regular night shifts; periodically; and in case of health problems caused by factors relating to night work. The author determines that only Finnish labor law contains a detailed and specific list of situations where night work can be used. Ukraine and Sweden are the only countries from the list of examined countries, where any night work of young workers is prohibited, which means that those provisions are, in fact, discriminatory against persons employed in the field of culture, arts, sports or advertising, as well as those who undergo training practice under the guidance of adult. Unlike legislation of Scandinavian countries where working in night hours can be compensated by providing employees additional rest periods, Labor Code of Ukraine provides only one form of compensation in form of increased wages. It is concluded that Article 175 of the Labor Code of Ukraine is discriminatory against women and contradicts Article 24 of the Constitution of Ukraine. The legislation of the Scandinavian countries does not contain any restrictions on the night work of women, as workers of any gender can work in night time only with their voluntary consent. However, in Ukraine, only persons with disabilities can be involved in night work with voluntary consent.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116961836","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"DISTINCTION OF MINIMIZATION (OPTIMIZATION) OF TAXES FROM PREDICATE CRIMINAL OFFENCES IN THE TAXATION SYSTEM OF UKRAINE","authors":"V. L. Honcharuk","doi":"10.15421/012185","DOIUrl":"https://doi.org/10.15421/012185","url":null,"abstract":"The article argues the expediency of considering the issue of distinguishing lawful conduct from predicate criminal offenses of evasion of legal obligations in the taxation system of Ukraine, which are committed in the framework of lawful economic activity. Emphasis is placed on the fact that the state’s economy can be negatively affected by acts committed in a manner not prohibited by law and are determined through the category of “minimization (optimization) of taxes”. It is argued that evasion and optimization on the basis of conscious and purposeful action coincide with the goal – to reduce the tax liability, and at the same time when evading a person consciously finds a way to achieve the goal for which there is a direct rule of criminal prohibition and wants socially dangerous consequences. Scientific provisions on the subjective side of a person’s behavior in reducing the tax burden by selected groups of methods and techniques of tax planning are revealed. There is emphasized the author`s approach for distinguishing features of underlined previously groups and methods by the subjective side of activity. The purpose of the study is to develop an author’s scientific approach to the separation of minimization (optimization) of taxes from predicate criminal offenses in the taxation system of Ukraine. It is concluded that when comparing groups of methods and ways to reduce the payment of tax liabilities should be borne in mind that it is the intent embodies the awareness of the actual nature of actions and awareness of their social significance, i.e. the degree of harmful effects on public relations. According to the intellectual component of intent in the commission of illegal acts, awareness of the public danger of the perpetrator occurs indirectly through the understanding of the public danger of acts of non-performance or improper performance of their legal duty. According to the volitional component of intent, its subject is not only socially dangerous actions, but also the corresponding negative consequences caused by them. The expression of will to use legal and illegal methods and means to achieve the goal of reducing the tax burden are purposeful, but different in nature. When qualifying actions aimed at reducing the tax burden should be borne in mind that certain expressions of will are causally related to mental processes occurring in her mind, and therefore the separation of minimization (optimization) of taxes from predicate criminal offenses in the taxation system of Ukraine a sign of the subjective side.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117241535","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ESSENCE, CONTENT AND MAIN FEATURES OF THE JUDICIARY","authors":"H. Popadynets","doi":"10.15421/392190","DOIUrl":"https://doi.org/10.15421/392190","url":null,"abstract":"The article considers the essence, content and main features of the judiciary. Different approaches of domestic and foreign scholars to the definition of the concept and content of the judiciary are analyzed. It is determined that the judiciary in a democratic state governed by the rule of law, in essence, belongs to the system of democracy. It ensures the realization of the most important constitutional rights and freedoms of man and citizen, the rights of communities and the people as a whole. The democratic foundations of the organization and functioning of the judiciary (the presence of juries, the independence of judges, the adversarial nature of the parties) make it possible to consider it as a “special channel for the exercise of people’s power”. The Constitution of Ukraine, along with the consolidation of the signs of statehood for the judiciary, with its norms introduces in more detail the principle of the primacy of democracy in the exercise of judicial power. It is noted that such concepts as “judiciary”, “judicial system”, “justice” are related, but not identical. It has been established that the judiciary, by its purpose and functions, has a special advantage among other branches of government, as there is no such activity of the state that would not be subject to judicial control. The jurisdiction of the court extends to all legal relations arising in the state. In the system of counterbalances, the judiciary is endowed with a legal opportunity to influence the decisions and actions of the legislature and the executive, to “balance” them. These powers are fully exercised by the courts in the administration of justice. The main features of the judiciary are identified, which are exclusivity, independence, completeness, subordination, unity, independence, enshrined at the constitutional and legal level and interconnected and interdependent. It is noted that the constitutional modernization of the judiciary in Ukraine, which is not yet complete, should be based on understanding its essence and content, to improve the judicial mechanism of protection of citizens, the role in the development of legal and democratic statehood. The creation of a dynamic and effective judiciary is a prerequisite for the stabilization of the entire state system, the successful integration of our state into the legal field of civilized countries, the key to its progress.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114411693","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ON THE BASIC SOCIAL RIGHTS OF SELF-EMPLOYED PERSONS","authors":"Yu. I. Tarakan","doi":"10.15421/392179","DOIUrl":"https://doi.org/10.15421/392179","url":null,"abstract":"The relevance of the article is that the legal status of individuals is a complex legal phenomenon, which for many years has caused intense scientific debate in domestic and foreign legal circles. Rights as one of the elements of legal status – the opportunities that according to current legislation belong to this category of persons – is one of the important aspects in the process of disclosing the issue of social security of self-employed persons in Ukraine. In general, social human rights are a special group of rights – their implementation and enforcement are associated with the establishment of harmonization between the state and society. Man’s realization of these rights ensures his full existence in society. The purpose of the article is to establish the basic social rights of self-employed persons. The relevance of the article is that the legal status of individuals is a complex legal phenomenon, which for many years has caused intense scientific debate in domestic and foreign legal circles. Rights as one of the elements of legal status – the opportunities that according to current legislation belong to this category of persons – is one of the important aspects in the process of disclosing the issue of social security of self-employed persons in Ukraine. In general, social human rights are a special group of rights – their implementation and enforcement are associated with the establishment of harmonization between the state and society. Man’s realization of these rights ensures his full existence in society. The purpose of the article is to establish the basic social rights of self-employed persons. The article analyzes the concept of “social rights”, which is closely related to such as “social protection” and “social law”. The article stipulates that self-employed persons can simultaneously act as subjects-recipients of social security and those persons who actually provide this security. It is concluded that the subjective rights of self-employed persons in the field of social security in general should be noted: the right to demand the provision of one or another type of security (pension, benefits, compensation, social services, benefits) in the statutory amount and in the prescribed manner, and also implementation by the obligated subject of other actions for the purpose of realization by the citizen of all opportunities provided to it by the law. Individual entrepreneurs who act as employers in the field of socially secure relations have the right to: provide additional material compensation, freely dispose of various social funds of the enterprise, and so on. However, if self-employed people can decide on support measures according to their own wishes and abilities, they also need to pay attention to the legal obligations of social security workers in the process of work. Such responsibilities include: insurance premiums, including – on compulsory national pension insurance, the obligation to provide relevant information (on dismi","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133096661","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"PERSONAL DATA IN THE SYSTEM OF PERSONAL NON-PROPERTY RIGHTS OF INDIVIDUALS ON THE INTERNET: A GENERAL DESCRIPTION","authors":"T. I. Khudolii","doi":"10.15421/392175","DOIUrl":"https://doi.org/10.15421/392175","url":null,"abstract":"Ensuring the personal data security today is not only an important element of the development the information society, but also an objective necessity. Information about a person has now become a special product that has its own price. This data in the criminals’ and fraudsters’ hands turns into a tool of crime or a commodity for sale to competing companies. Information in the hands of cybercriminals and fraudsters becomes an instrument of crime, in the hands of former friends – a means of revenge, in the hands of an insider (from the English inside – inside) – a product for sale to competing companies. That is why the level and quality of personal data protection requires a very serious doctrinal and practical research. The necessity to take measures to protect personal data is caused, inter alia, by improving the technical capacity to collect, process and disseminate information in the online environment. The level of information technology has finally reached the point where self-protection of information rights is no longer an effective means of counteracting invasions of privacy. Modern man is no longer physically able to avoid all the variety of obvious or hidden means and technologies of collecting and processing information that are used against him by companies to achieve a certain commercial goal. With the development of e-commerce and available media, the possibilities of abuse related to the use of collected and accumulated information about an individual have also increased. All this pushes us to scientific reflection on identifying specific ways and mechanisms of human protection in the Internet environment. The object of the study is a special type of personal non-property legal relations that arise in the process of its collection, processing and distribution by authorized entities on the Internet. The purpose of the study is to study the doctrinal and legislative basis for the collection, processing and dissemination of personal data using effective mechanisms to ensure their protection in Ukraine and abroad. The task of the study is to identify personal data and their specific features in the system of personal non-property rights, determine the subject-object composition of legal relations for the collection, processing, dissemination of personal data, study the actual possibility of implementing relevant legislation of leading countries. The practical significance of the obtained research results lies in the substantiation of the need to protect the inalienable human rights and freedoms in cyberspace from unlawful encroachments.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128725710","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"LEGAL BASIS OF ESTABLISHMENT OF THE EUROREGIONAL COOPERATION GROUPING","authors":"I. Fetko","doi":"10.15421/392174","DOIUrl":"https://doi.org/10.15421/392174","url":null,"abstract":"The article examines that cross-border cooperation can be carried out through various organizational forms, including through the euroregional cooperation grouping, this provision is supported by the legislator. Separately focusing on the provisions of national legislation on the general principles and requirements for the establishment of a euroregional cooperation grouping in our country, it is determined that the Law of Ukraine “On Cross-Border Cooperation” establishes the legal status of a particular type non-entrepreneurial companie, as an euroregional cooperation grouping. It is established that during the state registration of an euroregional cooperation grouping in accordance with the procedure defined in the Law of Ukraine “On State Registration of Legal Entities, Individuals – Entrepreneurs and Public Associations”, problems may arise, as this normative legal act does not provide registration of such legal entities as the euroregional cooperation grouping. In accordance with the Classification of Organizational and Legal Forms of Business Entities, in accordance with it, state registration should be carried out as type non-entrepreneurial companie, but this classifier does not provide for the registration of a euroregional cooperation grouping. It is important that when conducting cross-border cooperation through the organizational form of euroregional cooperation grouping, certain difficulties may arise, because based on the analysis of the legislation of neighboring Member States of the European Union, there is no possibility of creating euroregional cooperation grouping of subjects and participants of cross-border cooperation of Ukraine with relevant subjects and participants of cross-border cooperation of neighboring Member States of the European Union, as Protocol № 3 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities, which regulates the issue, has not been signed or ratified by neighboring Member States of the European Union.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125782227","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"COMPLETE RECORDING OF COURT BY TECHNICAL MEANS: LEGAL REGULATION, CONTENT AND FUNCTIONS","authors":"L. A. Ostafiichuk","doi":"10.15421/392189","DOIUrl":"https://doi.org/10.15421/392189","url":null,"abstract":"The article is devoted to the study of the principle of full fixation of the trial by technical means in the procedural legislation of Ukraine using an interdisciplinary approach. It was found that with the exception of the Code of Ukraine on Administrative Offenses, all current procedural codes of Ukraine contain provisions which establishes the obligation of means using the full recording of the trial court including those of the product of the recording – record the court hearing made by technical means. In the commercial, administrative and civil proceedings kinds trial recording can take place not only in court but also outside the court session, the Criminal Procedure Code of Ukraine stipulates that full recording of court hearings and procedural actions with the help of audio and video recording equipment is provided not only during the trial, but also in the cases provided for by this Code during the pre-trial investigation. As a result it is justified that the concept of “litigation” is much broader than the concept of “court hearing” and in the context of the constitutional principle of justice – “completeness of fixation by technical means” – to correctly use the concept of “litigation” and not “court hearing or proceedings”. With international experience analysis of the interaction principles of transparency, openness and publicity of the principle of full trial recording by technical means. It is proved that the consolidation at the level of the Constitution of Ukraine and the procedural legislation of Ukraine of the obligatory recording by technical means of the course of the court session is a necessary addition to the principle of publicity. In order to ensure the openness of the content of the court hearing to the participants of the relevant process and the general public. It is determined that further digitalization of court activities and litigation will lead to a new reading of the traditional principles of litigation. It is substantiated that the completeness of recording the trial by technical means should be ensured by all available means to fully reflect information about events that are recorded to ensure awareness of information that is important for assessment not only by the court in making court decisions but also participants and the public. It is determined that the functions of full recording of the trial by technical means are: fixing, information, technical and modernization, educational, preventive and procedural economy.","PeriodicalId":228288,"journal":{"name":"Actual problems of native jurisprudence","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117105745","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}