Purpose. Complex, science-based research on acts described in Part 2 of Article 240 of the Criminal Code of Ukraine and practice of their investigation as an indispensable component of subsoil protection. Issues of classifying illegal mining of national importance and the investigation of these crimes are considered. Methodology. Method of system analysis of acts related to illegal mining is used. Due to the system-structural and logical methods, an investigator's activities when investigating these crimes are studied and analyzed. Findings. The results of the study are determined by the fact that the need is proved for recognition of illegal mining of mineral resources as a completed offence from the moment of committing an act aimed at seizing mineral resources by any means. Expediency was substantiated to consider actions as minor ones in cases when illegal mining of mineral resources by its quantity, scale, character and other features neither did nor could cause considerable harm to the environment. The article defines subjects of collaboration during investigating illegal mining of mineral resources. The need is substantiated for the investigator to use modern unmanned compact aircraft systems when inspecting the scene during the investigation of these crimes. These devices will help in fixing the course and results of the inspection, as well as in prosecuting criminals, the delivery of small loads to the scene when necessary. Originality. The authors article have proved the necessity of considering illegal mining of mineral resources to be a completed offence from the moment of committing an act aimed at their extraction by any means. A circle of subjects and tasks of collaboration during investigation of illegal mining is defined. Feasibility of using copters when inspecting a crime scene is substantiated. Practical value. The work will help law-enforcement authorities to classify illegal mining activities properly; it guides an investigator regarding the circle of subjects and tasks of collaboration; it will give recommendations on selecting forensic tools when inspecting a crime scene in the commission of these crimes.

Purpose. Improving the quality policy of managing the civil service of Ukraine through the use of foreign experience in implementing the "Lean system". Methodology. In the study, the authors used general methods of scientific knowledge. In particular: a) empirical research methods: selection of factual material on reforming the civil service management of the UK and Ukraine, as well as establishing links between the accumulated research results; b) theoretical research methods: analysis and synthesis, modeling, rising from the abstract to the concrete, and others, which allowed the authors to identify one of the reasons for the ineffective reform of the civil service management of Ukraine. Findings. The authors briefly examined the history of the formation of the civil service management of Ukraine. It has been noted that the management quality policy in Ukraine was formulated only in the new Law of Ukraine "On Civil Service", which entered into force on May 1, 2016. However, according to results of monitoring of governance reforms conducted by the Agency for Legislative Initiatives in 2017, the quality of public administration remains low. The analysis allowed the authors to establish that one of the reasons for the poor quality of management is non-use of the "Lean system" in the quality management policy. The authors examined the features of lean management, as well as the experience of its implementation in the two largest central governmental departments (UK): the Department for Work and Pensions (DWP) and HM Revenue and Customs (HMRC) (the Department of Revenue and Customs). The results obtained allowed the authors to propose an advanced policy of the quality of civil service management in Ukraine based on the "Lean system". Originality. During the analysis of the process of reforming the management of the civil service of Ukraine, the authors found one of the reasons that reduced the quality of management. The authors proved that this reason is the lack of the principles of "lean management" or "Lean systems" in the quality management policy. To eliminate this cause, the authors proposed taking advantage of the Lean system implementation experience in managing the two largest central government departments in the UK: the Department for Work and Pensions (DWP) and HM Revenue and Customs (HMRC). Practical value. The results of the study are intended to improve the quality policy of civil service management in Ukraine. The use of the "Lean system", as well as foreign experience in its implementation, will improve the quality of civil service management in Ukraine. The management quality policy based on the "Lean system" will eliminate the deficiencies identified as a result of monitoring public administration reforms and achieve the management quality that is not inferior in effectiveness to civil service management in the European Union.

Purpose. To assess the risks and advantages of approximation of the laws of the European Union and Ukraine in the field of labor protection, as well as to develop specific steps for the implementation of the strategic goals of the European Framework Directive on Occupational Safety and Health in the legal field of Ukraine. Methodology. To achieve this goal, the authors used a set of methods: a) theoretical ones: analysis, synthesis, systematization and generalization; b) empirical ones: the study of traditions, the method of expert judgment and self-assessment. Findings. The authors reinterpreted the right of Ukrainians to "proper, safe and healthy working conditions" enshrined in Article 43 of the Constitution of Ukraine, in accordance with the standards of the European legislation, and proposed the most effective way of implementing the strategic goals of the European Framework Directive on Occupational Safety and Health in the legal field of Ukraine. According to the authors, the newly created Center for the Implementation of the Framework Directive on Occupational Safety and Health into Ukrainian legislation is the driving and guiding force for approximation of the laws of the European Union and Ukraine in the field of labor protection. This new institution fulfills goals and objectives similar the European Agency for Safety and Health at Work. The recommendations of the Center should be used as the basis for the formation of policies and legislation on occupational safety and health in Ukraine. Originality. The authors examined the risks and advantages of approximation of the legislation of the European Union and Ukraine in the field of labor protection and developed a sequence of implementation of the strategic goals of the European Framework Directive on Occupational Safety and Health in the legal field of Ukraine. Practical value. Rapprochement of the legislation of the European Union and Ukraine in the field of labor protection will increase the protection of safety and hygiene of workers in accordance with the standards of the European Union, the World Health Organization, the International Labor Organization, the Pan American Health Organization, the International Maritime Organization, and others. The specific steps proposed by the authors for the implementation of the strategic goals of the European Framework Directive on Occupational Safety and Health into the legal field of Ukraine will allow modernizing the legislation of Ukraine in the field of occupational safety and health efficiently and in the short-term.

Purpose. To substantiate methodology for applying mathematical methods to the assessment of digitalization of public management and administration, approbation of the authors' model of this assessment at the level of territorial communities. Methodology. Theoretical (analysis, synthesis, systematization, generalization) and empirical (observation, mathematical and statistical analysis, modelling, comparison) research methods are applied. Findings. The analysis of the process of digital governance formation in Ukrainian realities and the research on conceptual approaches of global indices to the assessment of developing digital society and digital governance made it possible to develop analytical tools adapted to the specifics of digital development content at the local level. The authors prove that the assessment of digital governance will increase the reliability of the process of decision development and decision making in the sphere of management of complex multi-level socio-economic systems, providing an opportunity of assessing different strategies of digital transformation. The authors propose their own tested model in order to provide full understanding of digitalization of public management and administration at the local level. It is proved that the authors' methodology allows for a systematic analysis of the state of digitalization of public management and administration at the level of territorial communities. Originality. The scientific novelty consists in the statement and solution of the problem of improving the methodological tools for assessing the digitalization of public management and administration at the level of territorial communities by using four indicators of the integrated index: sub-indices of service provision quality and public information access, website functionality, digital socio-political inclusion, internal electronic document management system of local self-government bodies. Practical value. A practical example of implementation of the above-mentioned model is demonstrated in order to provide full understanding of the level of digital transformation at the local level.

Індекс рубрикатора НБУВ: Д453.8 + Х881.9(4УКР)

Рубрики:

Асфальт, копалини смоли ()

Кримінальне право окремих країн

Шифр НБУВ: Ж16377 Пошук видання у каталогах НБУВ 
Повний текст  Наукова періодика України 

Purpose. To analyze issues of criminal ecological policy of Ukraine, which is one of the ways for human rights protection for individuals who have been harmed as a consequence of committing crimes against the environment; to define the current status of the problem in Ukraine, foreign experience and provide scientifically grounded propositions for current legislation improvement. Methodology. General and special methods were applied during the investigation: method of formal logical analysis, comparative method, structural approach, sociological, statistical and method of comparative law. Findings. According to the research, it was established that human rights protection for individuals who have been harmed as a consequence of crimes against environmental safety, requires changes in the legal regulation and in practice of law enforcement in three directions. First, there is a possibility for an individual to be affected only by the infliction of moral damage in environmental crimes. Second, the use of the regulation in The Criminal Procedural Code of Ukraine, according to which the victim cannot be a person who has been inflicted non-pecuniary damage as a legal representative or a certain part of society, has to be treated as erroneous. Third, replacing the notion and concept of "close relatives" and "family members" with "successors" will help to optimize the objectives of criminal proceedings. Originality. As a result, there have been developed directions of changes in legal regulation and in practice of application of legislation that standardizes human rights protection for individuals who have been damaged in crimes against environmental safety. Also, the criminal procedural legislation's ineffectiveness is established and possible ways of optimizing its provisions are suggested. Practical value. The practical significance of the results is that they can be used in pre-trial investigations and criminal proceedings on environmental security offenses, by subjects of legislative initiative, scientists, and higher education applicants.

Purpose - to reveal the optimal model for the functioning of philosophical disciplines in the structure of educational programs for specialist training in "Public administration" specialty, as well as the specific features of managing the educational strategies for civil servants training. The authors focus on: the ways of administrative solution of the problem of oversaturation of educational programs in the field of public administration with a set of philosophical disciplines; the adaptation of educational programs for specialist training in the field of public administration to the needs of national and international employers; the peculiarities of the internationalization of educational programs in the field of public administration in the context of academic mobility and the adaptation of the public administration system of Ukraine to the European Union standards. The authors used the method of cultural-historical analysis, the comparative method, the structural-functional method, as well as the expert evaluation method. An organizational model of functioning of philosophical disciplines in the structure of educational programs for specialist training in the field of public administration is proposed; according to this model the historical and philosophical disciplines, the set of theoretical and practical philosophy taught in the Ukrainian language, are replaced with the English-language courses of logic, theory of argumentation, applied political science and applied culturology. The authors singled out and examined the peculiarities of the management of educational strategies for civil servants training in Ukraine, which are related to the place and functions of philosophical disciplines and nowadays require special attention: the oversaturation of educational programs with historical and philosophical disciplines, as well as the disciplines of theoretical and practical philosophy in the conditions of unsatisfied needs for the formation of general competencies; the need to adapt educational programs for specialist training in the field of public administration to the needs of national and international employers without losing the advantages of classical university education; the usage of English to teach disciplines of logical, political and cultural cycles aimed at the formation of general competencies. The practical model of functioning of philosophical disciplines and the socio-humanitarian disciplines in the structure of educational programs for specialist training in "Public Administration" specialty adapted to the modern national and international conditions has been developed, which allows increasing the efficiency and competitiveness of higher education in Ukraine in the field of public administration, integrate training of civil servants and managers in Ukraine in the international educational and scientific space, creating conditions for the adaptation of Ukraine's institutional and non-institutional management practices to the European Union standards. The usage of the results obtained in the educational practice of the Ukrainian universities, which train specialists in "Public Administration" specialty, allows improving the quality of higher education.

Purpose. Identification and analysis of tactical rules of conflict-free communication of criminal police officers of the National Police of Ukraine with any persons in the process of combating illegal amber mining. Methodology. The author used the analytical method and problem-subject method. Opinions of specialists, scientific-theoretical and practical issues in the field of psychology were systematized in order to determine the causes and discover the essence of the conflict during communication. Findings. The paper defines the influence of the causes of conflict during combating illegal amber mining on the course and results of communication, followed by identifying the most effective conditions for resolution and ending of the conflict. Psychological characteristics of communication were analyzed, and it was found that the knowledge of the rules of communication by the participants represented the most important condition of its effectiveness. Originality. The legal and psychological aspects of the conflict are adapted to situations of countering the illegal amber mining. Actions taken according to results of the study will contribute to putting the amber mining process in the legal framework, and improving the crime situation in the region where these minerals occur. The legal basis for taking the opportunities of confidential cooperation by the criminal police officers of the National Police of Ukraine was determined. Practical value. Usage of the relevant rules of communication will allow making such communication conflict-free. Tactically built communication is the key to conflict-free, meaningful and productive dialog of the criminal police officer of the National Police of Ukraine with any persons in the course of countering the illegal amber mining. Improvement of the tactics of communication with people while countering illegal amber mining in general and confidential cooperation in particular will allow the officers of criminal police units to increase the efficiency of combating and preventing crime based on the mechanisms proposed in this study. Implementation of the work results will improve quality of the investigation of criminal proceedings, and raise the level of compensation of damages caused by illegal activities. It will have positive effect on the economic component by reducing the volumes of criminal consequences of the illegal amber mining.

Purpose. To examine the experience of Great Britain in reforming the coal industry, as well as the opportunity to use the British Government's experience in reforming the coal industry in Ukraine. Methodology. The authors used the system and structure, structure and functional, analysis and synthesis, induction and deduction methods, as well as methods of comparison and prediction. Findings. When considering the experience of Great Britain in reforming the coal industry, the authors accentuated: 1) the general characteristics of the industry; 2) the role of public administration in reforming the coal industry; 3) the importance of the coal industry in the British Government's strategy. The general characteristics of the British coal industry showed that the UK economy had completely got rid of coal dependency. The analysis of normative legal documents of the Department for Business, Energy and Industrial Strategy found a complete absence of references to the coal industry as such. Confrontation of Margaret Thatcher's government with the National Union of Mineworkers (NUM) in 1984 - 1985 and subsequent results of this confrontation proved the effectiveness and the dominant role of public administration in reforming the coal industry. In fact, public administration in the UK coal industry was aimed at declining its importance in the economy of the state. In analysing the importance of the coal industry in the strategies of the governments of Ukraine and Great Britain, the authors have found diametrically opposite vision. The Ukrainian government is focused on reforming the coal industry and increasing coal production, whereas the UK government does not even consider the coal industry in its strategy. The UK government builds its economy on low carbon and resource-efficient technologies. Originality. The authors have proved the effectiveness of using the public administration in reforming the coal industry. Practical value. The research does not only prove the power and effectiveness of using the public administration in reforming the coal industry. The authors have showed the difference between the vision of the coal industry prospects in the strategies of the governments of Great Britain and Ukraine, as well as possibilities of using public administration for building economy on low carbon and resource-efficient technologies.

Purpose. To use the comparative approach to study the compliance of legal regulation of labor protection in the European Union and Ukraine, as well as on the basis of the results to formulate a strategy for the development of the legislative framework for labor protection in Ukraine. Methodology. The authors built their research on the possibilities of the comparative approach. Two principles were used as the main ones: a) the principle of comparability of the phenomena, institutions and departments; b) the principle of correspondence between different levels, forms and types of elements of the compared systems. Findings. The authors considered the possibility of a comparative approach, by which they compared the meanings of the term "labor protection" in Ukraine and the European Union. The authors proved their inconsistency, as well as the need to abandon the use of the term "labor protection" in favor of the term "occupational safety and health", which is used in laws and regulatory documents of the European Union. The authors formulated the main directions of the new strategy of legal regulation of labor protection in Ukraine. Originality. The use of a comparative approach when considering the compliance of legal regulation of occupational safety and health in the European Union and Ukraine allowed: 1. Proving the need to replace the term "labor protection" with the term "Occupational safety and health" which is used in laws and regulations of the European Union. 2. Formulating a strategy for the development of the legislative framework for occupational safety and health in Ukraine for its adaptation to the fundamental principles legalized by the European Parliament. Practical value. The results of the study develop the legislative framework for labor protection in Ukraine, as well as adapt it to key directives, guidelines and standards of the European Union, the United Nations, the World Health Organization, the International Labour Organization and other authoritative international organizations and institutions. The study eliminates the legal conflict existing in the Ukrainian legislation on labor protection, which violates the work of the legal system and infringes on the rights of citizens.

Purpose. To identify specific features of the mechanism of institutional changes in the countries of post-socialist transformation and to determine the effect of informal norms upon the pathway of institutional development in Ukraine and Belarus. Methodology. Theoretical and methodological basis of the research is represented by theoretical synthesis of non-institutional and traditional versions of the idea of institutional changes expressing the concepts of spontaneity and premeditation as for selecting the institutions depending upon economic, political, and sociocultural conditions of the national economy development. Quantitative evaluation of the effect of culture upon the pathway of institutional development in Ukraine and Belarus was performed basing upon the Values Survey Module 2008 methodology proposed by G. Hofstede. Comparison of the tendencies and results of liberal transformation in post-socialist countries was based on the logical and historical method. Findings. It has been demonstrated that the pathway of institutional changes in any society is determined by spontaneous processes and means a conscious choice of the development course through the establishment of principally new institutions and/or their borrowing from other more progressive systems. Restricted nature of the dominating ideas concerning the completeness of institutional reforms at certain historical stage by means of establishing stable relations between the borrowed institutions and proper institutional environment has been shown. Analysis of the practice of liberal transformation in Ukraine and Belarus has been used to prove the possibility of achieving a high level of adaptation of a new institution to the available informal norms in the context of general inefficient pathway of the institutional development. Originality. For the first time, qualitative evaluation of the internal constituents by means of value indicators by G. Hofstede has been applied to describe informal norms of the institutional environment in Ukraine and Belarus characterizing the Path Dependence effect. The obtained data have made it possible to define the degree of inconsistency between formal and informal institutions of transformational economy. Effect of blocking in the development of the Ukrainian economy has been identified; the effect is observed in the context of a repeated situation when balanced but inefficient norms are self-supported in the institutional environment of the country decelerating its development. Practical value. Scientific ideas concerning the mechanism of institutional changes, proposed approaches to evaluate informal institutions, and determination of the level of their consistency with formal rules can be the basis for more efficient control of the process of institutional changes.

Purpose. To reveal the legal nature, forms, and methods of public control over the actions of the state power in the field of research and rational use of mineral resources. To consider the legal mechanisms which determine public control in the particular area of the activity: the protection of mineral resources from unlawful attacks by the state and other entities. Methodology. The authors used the structural and systemic methods, comparative and legal, historical and retrospective, as well as formal and dogmatic methods. Findings. The control over the actions of state power requires a broader legal approach, a clearer definition of the strategic and tactical objectives of state policy tasks to form political awareness and civic activism in the public. In the work, the authors focused on the disclosure of the legal nature and establishment of the relationship between the principles of public control over the government in the field of research and rational use of mineral resources. It allowed: Clarification of the basic legal framework of public control by subordinate normative legal acts, which regulate procedural questions of basic laws, will allow to solve a number of tasks on democratization of the state administration. This allowed: 1. To clarify the basic legal framework of public control by subordinate normative legal acts, which regulate procedural questions of basic laws. 2. To propose legal mechanisms for the improvement of public control in order to increase the effectiveness of the activities of state authorities in the field considered. 3. To strengthen the influence of public control on the adoption of socially important decisions in the field of geological study and rational use of the mineral resources, as well as the protection of the mineral resources from unlawful encroachments by the state and other entities. Originality. The authors proposed and proved two interrelated theses: 1. The effectiveness of state authority in the field of exploration and rational use of mineral resources ensures the proper public control. 2. Insufficient development of the legal nature, forms, and methods of public control is the main cause of impunity and irresponsible attitude of the government in the field of exploration and rational use of mineral resources. Practical value. The proper public control ensures the effectiveness of government actions in the field of research and rational use of mineral resources. The proposed mechanisms for improving public control will be used in practice. The article is of importance for lawyers, political scientists, public servants who specialize in monitoring the actions of government in the field of research and the rational use of mineral resources.

Purpose. To highlight the problematic issues of using the expert's findings in criminal proceedings on environmental crimes, to analyze new legislative changes regarding the procedural arrangements for conducting an expert examination in criminal proceedings, to identify their disadvantages and to provide scientifically substantiated proposals for their solving. Methodology. The results are obtained through the application of general scientific and special research methods: system-structural, formal-logical (dogmatic), comparative, sociological, and statistical. Findings. It has been established that in the criminal proceedings on environmental crimes the following types of expert testimony in court are carried out: 1) forensic environmental examinations and expert assessments in the field of environmental protection; 2) forensic examinations; 3) technical expertise; 4) other expertise. It is in these aspects that it is necessary to disclose the essence of expertise as a means of obtaining evidence in criminal proceedings on environmental crimes. The main reasons for the low effectiveness of the use of expert's findings as evidence in criminal proceedings about environmental crimes are as follows: improper removal and packaging during the crime scene examination, inspection of objects, search, temporary access to things and documents of objects that are subsequently sent by an investigator, prosecutor or counsel for conducting an expert examination in criminal proceedings on environmental crimes; failureof investigators, prosecutors carrying out investigative (search) actions to join relevant specialists who possess special ecological, biological, soil-agrochemical, geological, geographic, technical and other knowledge, for the extraction and packaging of these objects; improper storage of objects that are subsequently transferred for examination; investigators and prosecutors' delaying the deadlines to initiate the issue of conducting an examination regarding those objects that quickly deteriorate and lose their physical properties; the lack of proper and expert expertise in the specifics of conducting expert examinations in criminal proceedings on environmental crimes. Using the method of system analysis and the formal-logical (dogmatic) method of research, it is proposed to consolidate the procedural arrangements for the appointment of an expert examination in criminal proceedings, which was in force until March 16, 2018, in the current legislation of Ukraine. In order to increase the effectiveness of the implementation of the principles of competition in criminal proceedings on environmental crimes, it is proposed to supplement Art. 243 CPC of Ukraine with new provision. Originality. The grouping of expert testimony in court carried out in criminal proceedings on environmental crimes has been improved: 1) forensic environmental examinations and expert assessments in the field of environmental protection and protection; 2) forensic examinations; 3) technical expertise; 4) other expertise. The article analyzes the provisions of the Law of Ukraine "On Amendments to the Commercial Procedural Code of Ukraine, the Civil Procedural Code of Ukraine, the Code of Administrative Justice of Ukraine and other legislative acts" of October 3, 2017, No. 2147-VII, which conceptually changed the mechanism of obtaining evidence by conducting an expert testimony in court in criminal proceedings. Disadvantages of this Law are identified and possible ways of optimization of the provisions of the current criminal procedural legislation of Ukraine are proposed.

Purpose. Development of practical recommendations on the organization of civil protection in the newly formed territorial communities of Ukraine. Methodology. In order to achieve the stated goal and address the prescribed tasks, an analysis of regulatory legal acts was carried out to determine the ways of implementing civil protection measures in the newly formed territorial communities of Ukraine. Findings. This article examines the regulatory legal initiatives of the Government of Ukraine which are of great importance for the protection of the population and territories from the threats of natural and man-made origin. The powers of local self-government bodies in the field of civil protection are considered. Organizational and administrative measures on its arrangements in the newly formed territorial communities are determined. The performance of the territorial subsystem of the civil protection and its structural elements during the implementation of the administrative and territorial reform and decentralization of power is characterized. Originality. Proceeding from minimization of expenses and losses caused by natural and man-made hazards, from the tasks of the newly formed territorial communities, high priority measures in the field of civil protection are allocated. Practical value. The analysis and selection of civil protection measures to be implemented by the newly formed territorial communities while reforming local self-government and territorial organization of powers in Ukraine were carried out.

Purpose - to reveal the main stages of the development of the educational and scientific program of training specialists of PhD (Doctor of Philosophy) level in the field of Public Management and Administration, on the example of the organizational work of State Governance Department of Taras Shevchenko National University of Kyiv (KNU named after T. Shevchenko). The results of the study were obtained through application of the following methods: analysis and synthesis in the study of strategies, programs, curricula, ratings, which allow analyzing the main directions of educational and scientific activities of the State Governance Department of Kyiv University; systematic and comparative methods that were used in determining the essence and peculiarities of training Masters of Civil Service at KNU named after T. Shevchenko. The authors developed and implemented in the educational process of KNU named after T. Shevіchenko: educational and scientific program of training specialists of level III of higher education (Doctor of Philosophy) in specialty 281 "Public Management and Administration" on the competence-based approach; disciplinary model of training curriculum for the mentioned above specialists as well as specific curriculum for postgraduate students in the given specialty; the program of the academic discipline "System analysis in Public Management and Administration", which is one of the key discipline in methodology of training postgraduate students. The author's educational and scientific program of training specialists of the PhD level in the specialty "Public Management and Administration" was offered. The novelty of the program is as follows: the development of the philosophical component by including philosophical disciplines in the program of training civil servants. Namely, the development and implementation of the discipline "Philosophy of Science and Innovation"; focus on political science training for civil servants. Development and implementation of training courses: "Geopolitical challenges of the present", "Features of the interaction of political and administrative positions in the system of public management and administration", "Foreign practice of decentralization of public authority at the local level", "Democratization of mechanisms of public management and administration in Ukraine". Implementation of interdisciplinary knowledge in training civil servants in postgraduate study in the training course "Innovative Technologies in Public Management and Administration". The obtained results allow us to affirm that the development of the methodology for the study of educational needs of public service managers with new approaches to enhancing their professional competence is a promising direction for further training of civil servants at post-graduate course in KNU named after T. Shevchenko.

Information and communication technologies have the decisive influence on competitiveness and viability of organization. Efficiency, in general, and the information and communication technologies management processes, in particular, is a key factor in contemporary society and business. However, the success is not guaranteed by implementing new information system or technologies, and a lot of risk and challenges are faced by organizations. To prevent these risks, the IT audit is applied as one of extremely important tools. Purpose - to evaluate application of existing IT audit methodologies in public sector of Lithuania and the European Commission nowadays and propose augmentation if it is necessary. A systematic literature analysis, benchmarking, observation and structured analysis of the IT audit practice and methodologies. For verifying theoretical model, the empirical data was taken from the Lithuanian Supreme Audit Institution and the Internal Audit Service of the European Commission. The analysis of IT audit in governmental institutions revealed that Cobit 3 IT audit model can be implemented nowadays for more efficient IT audit process. During the research the newer methodology of IT audit were taken (Cobit 4.1) for this research and parallels with EUROSAI were drown. Empirical research on EUROSAI WGIT revealed that e-government audit is much wider than project management and quality assurance processes (PO10 and PO11 in COBIT 3.0). Although this research has confirmed that those processes in both institutions still occur most frequently, it has also identified other high risk processes related to IT, such as risk and security management (PO9 and DS5). This work provides basis for the further development of EUSOSAI WGIT e-government audit model taking into account the environmental conditions following the full integration of COBIT5 framework to the proposed methodology. In this case, i.e. paying attention to COBIT5 principle - separation of IT governance domain from IT management domains - we can transform the Cube to the Cuboid. Moreover, as the research revealed some different choices of internal and external auditors, there are new possible areas for research on IT audit in public institutions. This could be the analysis of the differences of internal and external auditors or subjective factors in risk assessment at the initial stages of IT audit. A new model of IT audit in e-government systems is proposed on the basis of IT audit methodology Cobit 4.1 and its parallels with EUROSAI, augmented with risk and security management (PO9 and DS5). This provides basis for the further development of EUSOSAI WGIT e-government audit model after full integration of COBIT5 framework to the proposed methodology. Implementation of the proposed model of IT audit in e-government will lead to the decrease in cybercrime, more structured and better managed IT processes in governmental organizations, according to the updated requirements of IT audit methodologies.

Purpose. To develop strategy of development of Institution of right of ownership which will act as an important part of the national security strategy. To consider legislative ways of increasing the investment attractiveness and economic potential of Ukrainian enterprises, the level of social protection of the population. Based on the experience of property rights protection in the European Union member States, to prove that the basis for the legal protection of property rights should be economic feasibility rather than the political situation of the Executive branch and the legislature. Methodology. The authors used the method of comparative legal analysis, which allowed comparing the features of legal protection of property rights in Ukraine and the countries of the European Union and coming to certain conclusions. The historical and legal method allowed the authors to establish the patterns and trends of property rights protection in general and in separate elements. The logical-legal method of scientific knowledge allowed the authors to draw conclusions that are necessary to underpin the social significance of the Institution of property rights in Ukraine. Findings. The authors found three causes of instability of the Institution of property rights in Ukraine: 1. The Institution of the right of ownership is formed and evolves exclusively within the borders of legal science, while in the states of the European Union, property rights are seen primarily through the lens of economic theories. 2. Relatively short history of development of legal protection of property rights and the impact of post-Communist ideology. 3. Lack of formation of traditions of respect for private property and the right to protection of property in the educational programs of secondary and higher educational establishments. The identified causes do not only fail to contribute to the development of the institution of property rights and its legal protection, but also undermine the economic and national security of Ukraine. Originality. The authors found that the legal protection of property rights is an important characteristic of the economic security of Ukraine. The authors proposed the strategy to develop the Institution of right of ownership, which has an important influence on the security strategy of Ukraine. The development strategy of the Institution of law of ownership includes the following main provisions: legislation that provides legal protection of property rights in Ukraine, should proceed from economic and social theories; basics of legal protection of property rights should be included in educational curricula in secondary educational establishments so that students know the constitutional norms which protect them from property and moral damage; it is necessary that in the models of the educational landscape, the Institution of the right of ownership was considered as one of the foundations of economic and, consequently, national security strategy of Ukraine; the Ukrainian national idea should include not only a national and cultural component, but also an economic one. In the modern realities, the economic power of the state is the defining characteristic of its geopolitical ambitions.

Purpose. To reveal the peculiarities of the constitutional principles of equal partnership of the civil society and the state in formation of state policy of use and protection of mineral resources as objects of property of the Ukrainian people. To analyse the interaction of civil society and state, to formulate the controlling functions of civil society institutions in mineral resources usage, as well as to determine the forms of participation and control of civil society institutions in the use and protection of mineral resources. Methodology. The authors have applied the structural and functional method, as well as the comparative legal method, the historical retrospective method, the formal dogmatic method, the concrete sociological method. The authors accentuate the necessity of using the institutional research method. Findings. The authors have considered the development of the civil society in Ukraine at the beginning of the 21st century, drawing a conclusion that the civil society development is based on an essentially modified system of constitutional values. Every victory gained by the civil society over the state authorities' inaction is followed by new principles of interaction of the civil society and the state. It is suggested that development of the state policy in use and protection of mineral resources should be based on the anthropocosmism principle being transformed, in modern science terms, into the Mental Universe paradigm. In conformity with the anthropocosmism principle, the state is to act solely for the benefit of the man of the future, by way of all-round assurance of priority of his rights, freedoms and lawful interests in public administration activity. The property, mineral resources in particular, cannot be used to the damage of man and society. The authors have determined that the granting of supervisory powers to civil society institutions stipulates an opportunity of influencing the state policy, with the goal of protecting the lawful interests of the people as a mineral resources owner. Originality. There has been developed a system of forms for participation of civil society institutions in the use and protection of mineral resources. The forms of participation include: citizens' appeals, preparation and initiation of adoption or repeal of statutory acts, peaceful meetings to influence the decision making by authorized bodies of public administration, professional representation of society's interests in public authorities. There have been singled out basic forms of control by the civil society and its institutions over the state authorities and local self-government bodies: expertise of efficiency of decisions made by public administration; training of consultancy and expert bodies and commissions created in cooperation with the public administration, with the goal of considering the public opinion in formation of state policy in the use and protection of mineral resources; submission of expert suggestions to public administration bodies.

Purpose. To explore problems and prospects of Ukraine's coal industry functioning in crisis with the use of instruments of state support. Methodology. There were used methods of analysis (analysis of policy documents and state financing), synthesis (systematic study of the influence of legal regulation and state funding on state operation of coal mines), monographs (the review of scientific views on problems of development of coal industry), research (identifying areas of use and the efficiency of budget expenditures) and the experiment (corrected the calculation of the amount of public funding, costs and losses of the coal industry). Findings. Government support is the main form of supporting the operation of the coal industry. Analysis of policy documents and resolutions of the Cabinet of Ministers of Ukraine showed their declarative nature and lack of a systematic approach to reforming the coal industry. In terms of anti-terrorist operations, the loss of coal mining and the growth of accounts payable, finding an effective owner is a possible solution to this problem. Originality. System study of State support of development of coal industry in terms of the directions of use of budget funds and the elements was conducted. Pricing and the effect on profitability of coal enterprises were investigated. The adjustment of the volume of public funding due to changes in exchange rate of the hryvnia to the American dollar was carried out. Practical value. The research results can be used to improve the mechanism of the State support of enterprises of coal industry.

Substantiation of the rational use principles for land of different purpose is a priority of the state policy in Ukraine. Determination of the optimal size and form of land parcels is one of the components of their rational use. According to the regulations of Ukraine, the information about land parcels and restrictions on their use is essential for the national cadastre system. The restrictions of use of land are important for land users and property development. For registration purposes, their location, configuration and size should be clearly identified. Purpose. The purpose of the publication is to establish the optimal number of angles of rotation of land parcel boundaries in sanitary protection zones, and to determine permissible errors in calculation of their area. Methodology. The scientific research is based on the use of systematic approach to solving the defined problem: classical geometry methods combined with theoretical and applied foundations of the theory of measurement errors, which are used to process the results of geodetic measurements. Findings. The research made it possible to carry out preliminary accuracy calculations of the area of land parcels with the configuration of a regular polygon inscribed in a circle. Also, the optimal size of the chord is substantiated, which allows minimizing the values of area errors and the number of angles of rotation of land parcels provided for conversion to the field. Originality. For the first time, the problem of justification of buffer zone configuration and preliminary evaluation of the accuracy of calculating the areas of land parcels that have the configuration of a regular polygon inscribed in a circle was defined and solved without calculating the coordinates of its vertices. Practical value. The practical value of the research is in the development of unified approaches to evaluation of the accuracy of calculating the area of land parcels that have configuration of a regular polygon which are intended for the state registration in the state land cadastre.