ЗЕМЕЛЬНІ ПРАВОПОРУШЕННЯ: РОЗМЕЖУВАННЯ КРИМІНАЛЬНОЇ, АДМІНІСТРАТИВНОЇ І ДИСЦИПЛІНАРНОЇ ВІДПОВІДАЛЬНОСТІ

This article examines the role and importance of the media in the development of civil society in Kazakhstan. Here studied and evaluated opinions of scientists in the study of civil society from ancient times of antiquity, examples of works of famous thinkers and philosophers, like Plato, Aristotle, Chernilovsky, Machiavelli, Hayek, Fichte, Schelling, Hegel, Black, Garamshi, Michnik, Bobbio, Hobermas and Arato are given.Based on the experience of leading world countries in the development of civil society, where the law is considered as the main value, the elements of freedom of speech, separation of powers, equality before the law, etc. are considered in detail and diversified in this scientific work. Conditionally stopped at the three levels within its structure, such requirements as a developed democratic system, a sociallystructural system, an open system were studied at the proper level, was touched upon the subject ofhuman values, which is the center and the most important factor of civil society. It is about the developmentof civil society through state cooperation together with non-governmental organizations, as well asthe activities of the media in this process.Freedom of speech of the press in civil society is considered as the main principle, explaining therole of mass media for collective-agitation, collective-organizational goals and objectives. It has beenproven that the core of creation and development of civil society institutions are the media indicatorproperties. Here given intensive surveys, modern aspirations of the mass media of Kazakhstan in thisdirection, mechanisms of development and promotion of civil society ‒ the importance of politics, science,culture, economics, etc., the symptoms and prerequisites for the development of modern mediaare sorted in accordance with the requirements of the market.It is based on why the development of civil society cannot remain outside the direct dependenceon the information space, since information is the main factor of socio-economic development. After all,through the media, information is provided about various spheres of social and political, economic andsocial orientation, including the promotion of initiatives in the development of civil society. Therefore,a research article is comprehensively describes activities of the information space of Kazakhstan, whichis useful in the development of civil society institutions.

The urgency of the issue is determined by two parallel reforms taking place in our country: the reform of the law-enforcement system and the reform of the system of local self-government, aimed at the substantial extension of the rights of territorial communities. The article deals with the legal regulation of the interaction of territorial subdivisions of the National police with local self-government bodies in the field of ensuring public security and order. A particular attention is paid to co-operation with crime prevention and joint prevention plans, since security is one of the basic human needs, and police and community cooperation is the best way to provide it. Analyzing the legislation of Ukraine, which partially defines the interaction of the territorial bodies of the National police and local self-government in the field of public security and order, the author notes that they are talking about different forms of interaction, however, there is no procedure that would include a mechanism for implementation of such interaction. The proper organization of interaction between law enforcement bodies and local self-government bodies is possible due to the legislative consolidation of the Procedure of interaction between the National police and local self-government bodies in the field of public security and order security. It will allow the concerted actions of different actors to be achieved, unite and maximize their efforts and opportunities in the protection of public safety and order, avoid duplication of functions, and involve more people in preventive work. According to the results of the study, a drafting and an approval of the Regulations on the interaction of territorial subdivisions of the National police with local self-government bodies in the field of public security and order provision are proposed.

The rule of law in Russian society is its legal basis, the basis for the functioning of state power. A solid rule of law based on the principles of law is a guarantee of the functioning of civil society. In this regard, the maintenance and strengthening of law and order, as well as the fight against crime, represent a special type of social management. Its purpose is to ensure that the entire society as a whole, as well as its constituent social groups and individuals, function and develop within the framework of existing social relations on the basis of certain norms of morality and law accepted in this society. The solution of this problem assumes the presence of specific management methods. In this article, the author examines the specifics of the application of legal measures to protect public morality and public order in the administrative activities of the police. The reasons and conditions for the commission of administrative offenses infringing on public morality and public order, problematic aspects of the prevention of these offenses are revealed, and ways to increase its effectiveness are proposed. Thus, we come to the following conclusions: 1) the fight against administrative offenses in the field of public morality and public order is conducted mainly through the use of repressive methods, which, as the analysis of law enforcement practice shows, is not always justified; 2) the main content of administrative and legal measures to protect public morality and public order is to identify the causes and eliminate the conditions conducive to their commission, and to exert influence on persons in order to prevent their commission. To eliminate the causes and conditions that contribute to the commission of offenses in this area, a whole range of measures, both general and individual, should be taken.

The article is devoted to the scientific and theoretical substantiation of the role of municipal legal awareness and municipal psychology in the processes of forming the globalist potential of the territorial community. In domestic jurisprudence, the topic is investigated for the first time. The author connects the emergence and formation of the globalist potential of the territorial community, firstly, with the formation and development of the system of local self-government in Ukraine as a virtually new political and administrative phenomenon, which actually determined the formation of a system of public power in the post-Soviet state (public state power + public self-government /municipal/ power) and constitutional-legal institution, which led to powerful and systematic municipalization of all aspects of public and state life. The result of such permanent and systemic influence was not only the formation of a system of municipal legal relations in the state and at the level of numerous territorial communities (between their residents-members, between them and local self-government bodies, between them and civil society institutions, between local self-government bodies of various levels , between them and other bodies representing public state power, etc.), but also in fact revolutionary changes in social consciousness (awareness of law) and in social psychology. The author claims that at the first stage of such changes there was a multi-level formation of the municipal consciousness of the population in the form of individual, group and collective forms, which became the objectified result of the constant existence and functioning of a person, his groups and associations in the conditions of local democracy within the boundaries of the territorial community in the philosophical state of everyday life - that is, where a person carries out his life cycle in the process of realizing his existential interests (existential-functional and existential-activity dominants). The second stage is related to the active position of the state regarding further legalization in the form of regulation, norm design (law design) and rule-making (law-making) of various aspects of the formation, development and improvement of the legal status of local self-government, its bodies and subjects (national-legalization dominant), including the fulfillment of the state's international legal obligations in the field of local democracy, which it undertook under the multilateral international treaties signed by it (internationally mandatory dominant). So, at this stage, we are talking about the further development and improvement of municipal legal awareness (normative-psychological dominant) in the context of solving the teleological task of forming municipal psychology (attitudes as social-behavioral guidelines, various habits as typified forms of practical activity) of a person (personality, resident a member of the TG), its groups and associations within the framework of the formation and development of civil society institutions and their further institutionalization into parallel meta- and para-structures of local, regional and national, within the state, social-management, outside the state-legal influence, conglomerate (psycho-activity dominant). Considering the functional purpose of municipal legal consciousness through the disclosure of its functions, the author emphasizes the evolutionary features of the formation of such a form of legal consciousness, which are in the preserved traditions of municipal development and achieved innovations in municipal construction, and also, taking into account their typicality for all human communities, significantly influence the formation their globalist potential.

The article examines the development of territorial communities in the conditions of martial law, real challenges for territorial communities that have arisen due to the war, and provides practical recommendations for overcoming crisis situations within territorial communities. The role of local self-government bodies in solving these problems is shown. The article examines already implemented measures regarding organizational and legal assistance by local self-government bodies to displaced persons and considers the prospects of further implementation of measures on social protection of the population in the event of a threat to life or health under martial law. On the basis of the conducted scientific analysis of the development of territorial communities under martial law, the authors express their own proposals aimed at ensuring the operation of the Constitution and laws of Ukraine, protecting the rights and freedoms of man and citizen, ensuring, together with the military command, the implementation and implementation of measures of the legal regime of martial law, defense, civil protection, public order and security. It is noted that the territorial communities, which have become more efficient thanks to the municipal reform, demonstrate stability even in war conditions. The primary task of local authorities is to ensure the livelihood of communities, provide the necessary assistance, and establish administrative services. It was emphasized that territorial communities under martial law must rationally use available financial, material, personnel and other resources, as well as identify and attract their reserves in order to meet current needs, the needs of internally displaced persons, the development of the territory and military logistics, and the formation of the competitiveness of territorial communities in future. It is concluded that there is a need for further improvement of the legislative framework and the adoption of new provisions, for example, regarding the distribution of the functioning of communities located in the war zone or under occupation, or in the territory where hostilities are not taking place. Keywords: territorial community, local self-government bodies, services, social services, martial law.

Purpose: to investigate the issue of people’s deputies and deputies of local councils liability for their administrative offences and represent separate suggestions for making appropriate changes to the current administrative-delict legislation of Ukraine. Methods: the research has been carried out using generally accepted methods of scientific knowledge, including semantic-cognitive, analytical, comparative-legal, statistical, etc. Results: the particularities of deputies’ legal liability for the commission of administrative offences have been highlighted, the suggestions for the improvement of the current administrative-delict legislation of Ukraine, in particular to change the relevant article of the Code of Ukraine on Administrative Offences have been determined. Discussion: deputies’ liability for administrative offences issues. The article is devoted to the research of administrative liability of people’s deputies and deputies of local councils for their administrative offences, analysis of material aspects of this liability, the legal characterization of certain administrative offences, as well as processual peculiarities of the above mentioned subjects liability for their administrative offences. Today, the current legislation of Ukraine does not have regulatory provisions regarding the peculiarities of administrative liability of people’s deputies. However, the Constitution of Ukraine, certain laws foresee the specific of these persons’ legal status, in particular regarding their immunity and the possibility of legal liability on a general basis. The article analyzes the legal nature of certain categories of administrative offences for which, in the author’s opinion, people’s deputies must be responsible and have the administrative liability on the general basis, types of administrative penalties that cannot be applied to deputies. The issues of the substantive, subjective and territorial jurisdiction of cases on such offences have been investigated. Certain suggestions regarding the appropriate changes to the current administrative-delict legislation of Ukraine have been given. According to the author’s opinion, for the commission of administrative offences, people’s deputies should be liable in a special order. In particular, for the commission of the majority of administrative offences, it is better to apply disciplinary liability in accordance with the Regulations of the Verkhovna Rada of Ukraine. For the commission of certain administrative offences, they should be subject to administrative liability on a general basis. These are offences related to corruption, violation of electoral legislation, non-fulfilment of legal requirements of the National Anti-Corruption Bureau of Ukraine and the National Agency for Prevention of Corruption officials, with certain violation of the traffic rules, etc. At the same time, such penalties cannot be applied to them as a deprivation of the right to occupy certain positions or perform a certain activity, public works, socially useful works, correctional works, administrative arrest, arrest with keeping on the guardhouse. The peculiarities of their liability should be regulated and detailed in the Code of Ukraine on Administrative Offences, first of all, by supplementing it with Article 15-1 «Liability of people’s deputies and deputies of local councils».

Since 2021, the first legal organizers of gambling and gambling establishments have been operating in Ukraine. However, Article 181 of the Code of Administrative Offenses, which provides for administrative liability for participation in illegal gambling, has not changed since 2009. Every year, hundreds of administrative cases are considered by courts, and gamblers are held administratively liable. Offenders are mainly people who do not have permanent jobs, sufficient qualifications, or a high level of knowledge and education; they gamble to satisfy their private desire for gambling or try to solve financial problems, hoping to win. The purpose of the article is to study the issue of the feasibility of holding illegal gamblers administratively liable. The authors analyzed the composition of the administrative offense of participation in organized gambling without a permit and indicated that the object of such an offense does not correspond to the relevant section, because the player aims to satisfy a private interest—gambling—and not to violate public order or encroach on public safety. The objective side of such an offense involves only one action—participation in organized gambling without a permit—but the player does not have the obligation or necessary knowledge to distinguish legal gambling from illegal gambling. As for the subjective side, the player wants to satisfy his own needs in gambling and solve his problems; he does not intend to harm public order, intentionally violate any rules of conduct, or encroach on public safety. The subject of the administrative offense is a person from 16 years of age, which is extremely problematic, because players in legal gambling can be persons from 21 years of age. If younger people participate in gambling, they have the right to compensation for damage caused by the organizer, that is, they are the injured party, not the offender. As for minor players, they are victims of a criminal offense under Article 304 of the Criminal Code of Ukraine. The authors stated that organized illegal gambling is dangerous for players and encroaches on public safety and public order. Therefore, participation in illegal gambling should be recognized as an administrative offense only when the gambling business is prohibited in the state. In conditions of permitting the gambling business, the administrative liability of the player for participating in illegal gambling should be canceled. A player in illegal gambling should be recognized as a victim of a crime under Article 203-2 of the Criminal Code of Ukraine. Separately, the Code of Administrative Offenses, by analogy with the requirements for lotteries, should be supplemented with a norm on the administrative responsibility of a person under 21 to participate in a gambling game, which is a prospect for further scientific research.

The quality and safety of life is one of the many goals of mankind throughout the world. Over time, the importance of security and its place in society is constantly growing. Guaranteed safety is a modern priority. Achieving a state of public safety is possible under the conditions of implementing a unified state policy aimed at combating and preventing torts. The article finds a connection between the prevention of administrative offenses that encroach on public order and public safety and the protection of human and citizen rights and freedoms. Also, the conducted scientific research clarified the meaning of the concept of "prevention" in various spheres of human life, proposed the own interpretation of the prevention of (administrative) offenses, since there is no official confirmation at the legislative level. The importance of maintaining public order and a sense of security for each individual is emphasized. The connection between the prevention of offenses and the satisfaction of human needs, which are located according to psychological theory in Maslow's pyramid, was found. The central concepts of public order and public safety in the aspect of independent components in administrative- delict legislation were chosen as the object of scientific research, and the subject was the preventive range of actions in the field of maintaining an appropriate level of public order and security in the country. The goal is to carry out a comprehensive analysis and systematization of the leading trends in the prevention of offenses that encroach on public order and public safety in Ukraine. Public order is considered as a systematic complex of actions to ensure law and order in the aspect of maintaining the functioning of both the spectrum of rights and responsibilities of citizens, as well as the legal regulation of social relations on a permanent basis in general, public safety is interpreted as an indisputably necessary social state for which all the most important and vitally relevant public interests are protected from both natural and artificial sources of danger.

Based on theoretical and legal analysis, the article summarizes the peculiarities of police activity as a component of the security and defence sector during the period of russian aggression. It has been proved that despite the full-scale undeclared criminal invasion, the Armed Forces of Ukraine, with the strong financial and military support of Western partners, are victoriously overcoming the resistance of the russian occupiers and are carrying out a systematic counter-offensive against the "world's second victorious russian army", and at the same time, heroically destroying the enemy's military equipment and manpower on a daily basis, far-sightedly take strategic decisions on reforming the activities of public authorities, and especially of the security and defence sector. It has been determined that the formation and improvement of the security and defence sector of Ukraine has always been relevant, both in peacetime and in the current period of the russian invasion. At the same time, the doctrinal provisions on their legal status and its improvement in wartime remain insufficiently developed and require theoretical and practical in-depth research. The miscalculations, made in the organization of defence industry procurement, headed by the Ukroboronprom Defence Industrial Concern, have been outlined. However, since the beginning of February 2022, the state has adopted a number of legislative changes aimed at improving the Armed Forces of Ukraine current model, law enforcement agencies and the military-industrial complex, and bringing them in line with NATO and European Union standards. The state of the police as a security and defence sector entity during martial law proves that Ukrainian law enforcement officers, together with the Armed Forces of Ukraine, are boldly repelling the criminal russian attack, protecting the lives and health of the Ukrainian population, defending the territorial integrity and independence of Ukraine. It has been stated that one of the important factors in optimizing the activities of the police during the war is the concern of the state authorities for improving their social protection. It has been noted that the police, in addition to performing own duties during martial law aimed at identifying and prosecuting criminals, searching for missing persons, and taking preventive measures to protect public order and security, carry out activities, related to the clearance of enemy mines by the National Police sappers, and the destruction of unexploded ordnance at the risk of life and health. According to statistics, about 50 specialists in pyrotechnics were killed, and more than 100 were injured during humanitarian demining. It has been stated that at the initiative of the Ministry of Internal Affairs, 8 assault brigades are currently being formed on the basis of the National Police, the State Border Guard Service and the National Guard: "Stalevy Kordon", "Chervona Kalyna", "Lyut’", "Rubizh", "Spartan", "Kara-Dag", "Bureviy" and "AZOV". The basis of the assault brigades will be really motivated and patriotic military personnel and former law enforcement officers. In addition, the main priority in ensuring the safe life of the population under martial law is to strengthen police cooperation with local governments and public organizations and to develop joint measures to protect public order and security. It has been noted that despite a number of regulations adopted during martial law aimed at improving the conditions of police service, there are still problems with the failure to resolve issues related to strengthening administrative and criminal liability for administrative offences and war crimes; abolition of the average salary at the place of work; unregulated procedure for serving a summons to territorial recruitment centres, etc. It has been proved that in the course of ensuring public order and security during the russian-Ukrainian war, the police in its professional activity uses not only organizational and legal forms and methods with wide participation of the security and defence forces, territorial defence and public formations, but also hone the skills in conducting operational and search activities aimed at combating crime and eliminating enemy sabotage groups, which enables solving the tasks set in countering russian aggression under martial law.

The article clarifies the theoretical and legal problems of the administrative and legal status of the commander of the National guard of Ukraine and suggests ways to solve them. It is established that at present the issue of determining the administrative and legal status of the commander of the National guard of Ukraine remains controversial in the science of administrative law. The erroneous judgment on the identification of the administrative and legal status of a public authority with the status of its head has been proved. The characteristic features of the legislative requirements to the administrative and legal status of the commander of the National guard of Ukraine are highlighted, among which: mandatory presence of Ukrainian citizenship, the presence of the title assigned in the manner prescribed by law, the need to take the oath of a serviceman of the National guard of Ukraine, giving the right to make managerial decisions, etc. Currently, the structure of the National guard of Ukraine has a vertical structure and includes both elements of military management and features of law enforcement. A number of features of the administrative and legal status of the commander of the National Guard of Ukraine, which are briefly reviewed in the scientific sources analyzed by the author, are related to empowering him to bring to justice the National Guard of Ukraine for military administrative offenses. In the process of realization of the specified directions of official activity of the National Guard of Ukraine it is given: a) the general status of military formation with law enforcement functions in structure of the Ministry of Internal Affairs of Ukraine; b) special status for the exercise of the powers of the National Guard of Ukraine in ordinary and special conditions; c) special status of the subject of interaction with law enforcement bodies, executive bodies and local self-government bodies. The above allows us to draw an important conclusion that the legal status of any entity is determined by the set of statuses to which it is endowed. In our opinion, the “boundaries” of the status are outlined within the framework of its legal status, which is established by law. Only within the limits of their legal status can the subjects of administrative legal relations be endowed with a set of administrative and legal statuses.

The article examines the possibility of applying innovative forms of education for professional training of public servants in view of the need for their effective work in the conditions of European integration, the formation of a democratic state, and the development of civil society in Ukraine. It was determined that the sphere of human activity is constantly expanding, and until recently the universal concept of "state service" was supplemented by the concept of "public service" in the national legislative practice. Today, public service in the broadest sense is carried out by employees of all state power organizations, state enterprises and institutions, local self-government bodies, communal enterprises, in a narrow sense - it is the activity of officials of state authorities and local self-government bodies. It was found that in order to ensure the provision of quality services to citizens and the effective performance of their duties, public servants must constantly update their knowledge and skills, as well as constantly develop professional competences. It was determined that the processes of training and development of competencies of public service specialists are affected by the use of various forms of training, among which it is worth highlighting mixed training that combines traditional training methods with online resources. The peculiarities of the implementation of online, dual and mixed forms of education are considered. It was found that the network form of education is a way of organizing the education of education seekers with the participation of various subjects of educational activity interacting with each other on a contractual basis, the dual form of education involves combining the training of individuals in educational institutions with training at workplaces, the mixed form requires flexibility and taking into account the peculiarities of work in the field of public administration. It was concluded that innovative forms of education are important for the development of the modern educational system of training and professional development of public servants, and it is expedient to use such forms of education as online, dual and their combination - mixed education. These forms can be effective options for obtaining education for public servants, provide accessibility, flexibility and individualization of education, help increase the level of qualification and training of public servants for better performance of their duties.

In this article, the author presents various strategies employed by populist power that lead to ontological and axiological exclusion and the structural blockage of the communicative dimension of the public sphere as a civil space for dialogue. The article refers, among other ideas, to Jürgen Habermas’s normative theory of the public sphere and Chantal Mouffe’s concept of agonistic pluralism to show the threats to democracy, public order, and the functioning of civil society that result from the new forms and mechanisms of symbolic power and that produce polarization, stigmatization, and the exclusion of different ways of defining reality. The author presents the main assumptions of citizenship education in regard to forming social consciousness, developing critical thinking skills and other civic competencies, and forming habits of active participation in public life, all of which can influence the structure and key functions of the public sphere and unlock its emancipatory dimension. The author tries to show that countering the strategies of polarization and ontological exclusion used by populists requires citizenship education, understood as a certain normative project. The article outlines a perspective that could provide an opportunity at the present time for depolarization and the restoration of mutual respect between social groups with antagonistic worldviews and axiologies.

The article analyzes the theoretical approaches to the classification of subjects of administrative offenses prevention. This leads us to believe that both the subjects of administrative offenses, as well as the subjects of offenses committed by public administration officials, who constitute the system of prevention of offenses, are rather multilevel and complex. The author proposes his own classification of subjects of prevention of administrative offenses committed by public administration officials. It is stated that the system of subjects of prevention of administrative offenses of officials of public administration bodies consists of state bodies, local self-government bodies, public associations and citizens. Their legislator has mandated to prevent and eliminate the causes, conditions that create a favorable environment for public officials to commit administrative offenses. They should also prevent such offenses from being performed by officials in the performance of their duties or actions that may induce them to commit an administrative offense.The most important criterias for the classification of subjects of prevention of administrative offenses of public administration officials are distinguished: 1) by structure; 2) subject to such competence for the prevention of administrative offenses by officials of public administration bodies; 3) by the levels of implementation of prevention of administrative offenses of public administration officials. It is concluded that the subjects of prevention of administrative offenses of public administration officials are a rather complex element in the system of prevention of offenses. The proposed classification of these subjects accumulates the implementation of prevention administrative offenses of officials of public administration at different levels. At the same time, the proposal for legislative consolidation of the list of entities authorized to prevent administrative offenses by public administration officials remains open for discussion.

On March 26, 2021 a plenary meeting of the international scientific-practical conference (Sorokin readings) was held in Saint-Petersburg University of MIA of Russia. The collection of materials published by the conference day was presented. Views were exchanged on the problems of modernization of public management, administrative and administrative procedural law, on theoretical and applied problems of improvement in legislation regarding administrative offenses and administrative-jurisdictional activities, security and public order, development of the police and other law enforcement activities. The results of the conference were summed up.

The problems of protecting the rights and legitimate interests in the sphere of labor of convicts sentenced to penalties and other criminal law measures not related to deprivation of liberty are identified. Penal inspectorates and the administration of correctional centers do not sufficiently take into account convicts' qualifications when ensuring that convicts follow the requirements of a court verdict. When enforcing the performance of compulsory and correctional labor, suspended sentence, penal inspectorates ignore the requirements of labor laws regarding the age of a minor, the “feasibility” of labor for minors, women, persons suffering from various types of diseases, the obligatory passage of medical examination of convicts when hiring them and further annual examination. In practice, the time free from studies when serving compulsory labor is incorrectly determined. There are cases of incorrect calculation of the term of correctional labor for convicts; groundlessness of the reasons for the convict's dismissal from the organization; problems with compensation for harm in case of injury to a convict associated with the performance of compulsory labor. In order to bring the convict to serving the sentence in a timely manner, the author proposes to establish in the criminal procedure law a rule providing for a period of time between the presentation of a sentence for execution and its acceptance for execution, and to introduce a rule in the Code of Administrative Offenses of the Russian Federation providing for administrative responsibility for violations of this period. The author substantiates the necessity of improving the means of ensuring the execution by the convict of the order and conditions of serving correctional labor, and, in the penal legislation, proposes to provide for the possibility of imposing a duty on those convicted to correctional labor upon registration, as it was before, and also of changing this type of punishment to a more severe one for convicts who (a) systematically commit administrative offenses against public order or those similar to crimes for which the person was convicted; (b) evade registration or coming to the penal inspectorate for registration and do not leave their place of residence. Art. 79 of the Criminal Code of the Russian Federation should secure the right of the court to impose obligations on those released on parole from serving sentences during the probation period upon the penal inspectorate's presentation.