Suchergebnisse

The purpose of the document is to study the international experience of the development and operation of legal service relations in the field of national security and, furthermore, to elaborate proposals on the adoption of its best practices in Ukraine. The document aims to identify problems and improve current Ukrainian legislation dealing with public service and legal service relations in the field of national security. The main method was comparative. The following proposals are developed: the adoption of a single codified normative act to regulate legal service relations between all categories of public servants; the introduction of an open competition system for high-ranking officials; depoliticization of public service; implementation of international experience of legal regulation of service relations in the field of national security of Ukraine. In conclusion, the document materials can be of theoretical and practical value for academics investigating various aspects of the implementation of legal service relations and the sphere of national security in general, experts in the security and defense sector of Ukraine.

The article deals with the role of constitutional complaint in the system of quality assurance of the state legislation, for protection of the rights and freedoms. Constitutional complaints, as well as their optimal models, require detailed research. Comparative analysis and survey are the main methods. The subject of a constitutional complaint in the model proposed by the authors may be laws or their individual provisions, regulations of heads of state, government, other statutes and regulations, individual administrative acts, judgements in specific cases. Citizens, foreigners, stateless persons, and legal entities are subjects who have the right to file a constitutional complaint. The authors attribute the following conditions of admissibility of a constitutional complaint: the presence and proof of violation of his/its constitutional rights and freedoms, the use of all other remedies to protect violated rights and freedoms, compliance with deadlines for filing a constitutional complaint in some countries, and payment of state duty. The model proposed by the authors is, however, universal, and further needs to be detailed for countries of interest.