Suchergebnisse

Ideological problems are usually updated within the crisis, the transition of society, when there is a need for a new society of self-determination and choice of new political-legal, socio-economic and socio-cultural models. Historical experience shows that in the world there was no society that have functioned without specially made ideologies or worldviews. Famous thinkers and scientists have tried to not only explore the history of ideas and ideologies, not only to isolate the most common value priorities of a people, but also offer new methodological approaches to this problem. In the present analysis socio-humanities axiological aspects of ideological systems of different peoples and countries of the world is important. For Ukrainian studies equally important is the analysis of public perceptions of modern Ukrainian national idea. The сhanges in the socio-cultural and cognitive situations require from Ukrainian study as integrative science the development of new methods, concepts and methodologies to adequately investigating Ukraine and ukrainianness in a complex changing world. The problem of national idea and different approaches to understanding as an important factor that influences the formation and development of national identity are analyzed. The article analyzes the representation of citizens of Ukraine on the modern Ukrainian national idea (revealed in 1993–2022 years), as well as their basic values. Identified value priorities, which provide a brief «formula» of the modern national idea – the Dignity, Development, Freedom. Respondents and analysts consider the idea of strengthening Ukraine and the formula of «Dignity, Development, Freedom» is not just a system of spiritual reference points, civilizational foundations and existential principles of modern Ukrainian nation which is being formed, but a Ukrainian kind of the next motto «Liberte, Egalite, Fraternite» (where the concept of «Dignity», «Development», «Freedom» is a nationwide value priorities that involve different dimensions and levels of its implementation). The article deals with the state of research of the Ukrainian idea in the creative heritage of Hryhoriy Skovoroda. The problem of the Ukrainian idea is analysed from the view of Hryhoriy Skovoroda (the concepts of Dignity, Development, Freedom and the theory of selfknowledge). The attention is focused on the fact that at the moment the problem of studying the modern Ukrainian national idea in the context of the creative heritage of Hryhoriy Skovoroda is a separate topic that has not yet been the subject of research in the field of Ukrainian studies.

The actual problem of Ukrainian statehood commencement in the context of Ukrainian political and legal tradition of statehood is raised. The purpose of the article is to cover an in-depth development of the concept of formation's content of in the first historical forms of Ukrainian statehood by the autochthons of the Middle Dnieper region (ancestors of the Ukrainian people) in connection with various ethnic communities. Within the framework of socio-cultural and systemic approaches, it was proved by the method of logical analysis that the early historical forms of Ukrainian statehood arose without any significant borrowing from the state-building experience of other nations. The method of reconstruction highlighted the process of institutionalization of public power and confirmed the centuries-old continuity of the political and legal tradition in this area. Using the method of periodization, three periods of the process of the emergence and formation of early forms of Ukrainian statehood are distinguished: the Scythian era (VI-IV centuries BC); late antique times (II-IV centuries AD); the early Middle Ages, when Kyiv was founded and the state called Rus (Ukraine-Rus) was formed (VI-IX centuries AD). The proposition that the origins of the Russian state should be analyzed within the chronological limits of the second half of the 30s of the 9th century is substantiated. In connection with the conclusion of the first known treaty with Byzantium in Amastrid in 839, where it was first mentioned under its own name. It was found out that historically, the first forms of Ukrainian statehood were the Ante confederation and Rus. Subjects of the confederation retained territorial sovereignty with their own self-government, jurisdiction of local authorities within their territory and customary law. It is proved that within the framework of the confederation, the functions of princely governance were institutionalized, which took place in the streamlining and structuring of interaction with princes, tribal military leaders, tribal nobility, and self-governing territorial communities. The main result of the study is the conclusion that the first historical forms of Ukrainian statehood were the Ante confederation and Rus. They had all basic attributes of statehood in the legal plane: the people and the language of the people, as the most important marker of their ethnic self-identification; the motherland of the country with geographical, geospatial, and ethnographic characteristics; the continuity of the state values in the law that form a legal view of life through the prism of the mental representations of the people about truth, goodness, and justice. It was also emphasized that of all the characteristic features of the modern concept of the Ukrainian state, the legal power was historically the first to be formed, due to its mechanism, it was formed horizontally on the principle of equality and independence of all subjects of the confederation, united on a contractual basis; in the mechanism of the operation of law, the instrument of legal influence made norms of customary law, and the instrument of legal regulation was barbaric law. The links of legal influence and legal regulation were organically intertwined on the basis of legal tradition.

In the legislation of Ukraine, legal grounds for disputing transactions committed with the aim of concealing property from possible enforcement by the creditor are provided for a small number of feasible cases. Such grounds are provided for in Article 38 of the Law of Ukraine "On the System of Guaranteeing Deposits of Individuals"; part 4 of Article 9 of the Law of Ukraine "On Enforcement Proceedings", as well as Article 42 of the Bankruptcy Procedures Code of Ukraine. At the same time, the practical need to protect the creditor's rights by invalidating the deed, the consequence of which is the debtor's insolvency, goes beyond the defined spheres. Since the Civil Code of Ukraine recognizes the presumption of legality of the deed, clear grounds are needed to recognize its invalidity in court. At first, court practice followed the path of invalidating transactions committed to the detriment of creditors on the grounds of their fictitiousness. At the same time, the legal conclusions formulated regarding the construction of fictitiousness did not always allow to recognize a transaction made with the aim of hiding the property from being imposed on it by a creditor in the future as invalid. Mostly, it occurs due to the actual execution of the deed or lack of evidence of inconsistency of the internal will of the parties with its external manifestation. Finally, the Supreme Court formulated the concept of fraud on the basis of the available tools – Article 6. 3 of the Civil Code of Ukraine (recognition of justice, good faith and reasonableness by the general principles of civil legislation) and Art. 13 of the Civil Code of Ukraine (prohibition of actions to harm others, act to their detriment or otherwise abuse rights). It is worth noting that the concept of fraud is a product of exclusively law enforcement judicial practice. The doctrinal development of the issue is obviously in the future and its transfer to the scientific perspective should contribute to it, including this scientific investigation. The construction of fraud arose in ancient Rome as a response to the desire of debtors to hide their property from the creditor. Initially, the creditor could request an order to take possession of the debtor's property as part of the missio in possessionem bonorum procedure – to monitor and protect it. Subsequently, the rule was approved, according to which in case of alienation of property, which can be levied within the framework of debt relations, both the debtor himself and the person who purchased the property from the debtor were responsible to the creditor. This is how the "Fraus creditorum" rule was formulated. Currently, according to the practice of the Supreme Court, a creditor who is not a party to the transaction can apply for the invalidation of a fraudulent transaction, if he proves that the fact of concluding such a transaction violates his rights and legitimate interests. Fraudulent transactions are unilateral, bilateral and multilateral. The fraudulent component is not limited to binding legal relations, since the division of property between spouses can also be fraudulent – in order to avoid the obligation to answer for debts. In the development of the concept, the Supreme Court formulated two more interesting legal constructions: "use of the right for evil" and use of tools contrary to their purpose. The article also examines the issue of the liability of notaries in the event that the court declares the deed invalid on the grounds of its fraud.

Topic of the article is Ukrainian philosophy of science, which last 50 years comprehended the modern scientific revolution as becoming of non-linear science. This year of celebrating 300th anniversary of Grygoriy Scovoroda as a symbol of Ukrainian philosophy is good time to make a look round achievements by this branch of our philosophy. Philosophical comprehension of self-organization as becoming of a new whole is the point of consideration for the reason that transition to studying of such objects needs the crucial change of scientific foundations system, especially of philosophical foundations of science. Potentially Ukrainian philosophy of science was ready to such work since Kyiv's philosophers traditionally applied dialectic ideas to study worldview and to understand scientific truth as a process. It was shown in the article how Ukrainian philosophers of science use achievements of this tradition to understand non linear [synergetic] picture of our world as one of many possible worlds in self-organization of its genetic unity as a whole, beginning of becoming of the set of elementary particles with their interactions as its basic substance. Elaboration by Ukrainian philosophers of epistemic foundations for ideals and norms of non linear researches was represented also, particularly the consideration of truth as nonlinear process and rethinking of relations between fundamental and applied knowledge in respect of descriptiveness of non linear theories. Transdisciplinarity of Synergetics as common scientific research program leaded to application of synergetic ideas to humanities. Collaboration of humanitarians with philosophers who elaborate philosophical foundations for Synergetics created respective divisions in humanitarian disciplines, which studied processes of human and social self-organization. This collaboration created Ukrainian synergetic community as public organization of scientists who have enlighten aim to disseminate the synergetic ideas in Ukrainian society. This aim was successfully realized rather for the reason that self-organization is a good tradition of Ukrainian people who demonstrated it already in XXI century on Maidans, in volunteer movement and in resistance to Russian aggression.

Purpose of article is the disclosure of Roman Ingarden's aesthetic methodology as an important basis for the analysis of religious art. Methodology of the research is to use the phenomenological method of Roman Ingarden as a methodological basis in the analysis of religious art in the paradigmatic dimension of Religious Science. For the first time, the methodological potential of the aesthetic concepts of the Polish phenomenologist Roman Ingarden in the study of religious art on the example of the Armenian Cathedral of Saint James in Jerusalem as an example of an architectural narrative has been proved. In particular, separate phases of the aesthetic experience, which is based on religious values: an introductory emotion (entrance to the architectural complex, immersion in the buried light of the temple space), the constitution of the aesthetic object (iconography, decoration, the basilical structure of the building, the throne of Saint James, the relics of James the Greater and James, brother of the Lord); contemplation of the subject of perception and emotional "response" after recognizing its value (comprehension of the Christian message of this place, understanding of life as a pilgrimage to eternity, internal personal change of man, catharsis). The phenomenological theory of Roman Ingarden can be used in the study of religious art with a structured allocation of its content, which implicitly contains aesthetically marked axiological dominant, whose verification is possible through the analysis of certain artistic means of the corresponding art form. In further studies in religious studies (this may also apply to studies in aesthetics or cultural theory), it is advisable to trace other angles of the philosophical and aesthetic teaching of Roman Ingarden, which creates a heuristic space for a wellfounded interpretation of works of religious art, which is especially important for their understanding not only by scientists, but also and believers in acts of communication with the supernatural, a deeper understanding of religious practices and sacred worship.

The aim of the publication is to clarify the role and meaning of the functions of general theoretical science. In the process of achieving this aim, it has been applied a system of philosophical approaches to knowledge, principles, general scientific and special scientific research methods. It has been noted that changes in the functional purpose of the theory are due to changes in the perception of the subject field of the theory and the dependence of the cognitive process on the system of subjective and objective factors. It has been singled out such as the level of development of society; features of social consciousness, culture and ideology; openness of the social system for democratic institutions; the need for the study of fundamental state and legal categories, substantiation of their role in ensuring social processes and ways of their improvement. An important factor in rethinking the functional purpose of legal theory is changes of the methodological basis of knowledge of state and legal phenomena, which consist in increasing the role of philosophical approaches, introducing a system of principles of knowledge, expanding the spectrum of general scientific methods and special scientific techniques. It is they that significantly increase the role of theory in the knowledge of scientific, cognitive and educational aspects of the state and law as important institutions of social reality. The above-mentioned changes of the subject and methodological nature cause changes in the functional purpose of general theoretical science, which consist in changing the paradigm of the functions of the theory, their orientation towards clarifying the social purpose of state and legal categories, increasing the significance of the methodological function of the theory and its role as a means of forming professional knowledge. The article summarizes the existing approaches to understanding the functions of the theory, highlights the practical and applied, systemic, cognitive, essential, activity, scientific and theoretical aspects of their perception. The own vision of the category "functions of the theory of law" has been substantiated and its main features have been singled out. Educational, scientific, fundamental, social, political, legal character, ensuring the independence of the theory and achieving the aim and the tasks of this fundamental science are among them. The meaningful direction of such general functions of the theory of law as heuristic, ontological, prognostic, political, ideological and axiological has been determined. Peculiarities of special functions of the theory have been studied. As such, methodological, communicative, educational, system and creating, epistemological and practical-applied have been defined. As a result of the study, it has been made some conclusions about the changing dynamic nature of the functions of the theory, which is due to the system of objective and subjective factors, as well as changes in the subject and methodological field of scientific knowledge. Changes in the functional purpose of the general theory of law are associated with increasing the social role of state and legal categories, overcoming monism in the perception of functions and ensuring the pluralism of the influence of the theory on knowledge of the state and law.

The purpose of the article is a historiographical analysis of the scientific output of domestic historians and jurists, directly devoted to the study of constitutional acts and constitutional projects during the era of the West Ukrainian People's Republic (WUPR). For a critical analysis of the existing works of historians and legal scholars on the researched problem, the author used the methods of historiographical analysis, synthesis, typology and classification of sources, problem-chronological, structural-systemic and other methods of cognition. Dissertations, monographs and scientific articles directly devoted to constitutional legislation in the WUPR are included in the historiographical analysis. The main attention is paid to the characterization and implementation of a historiographic review of the scientific output of the participants of the Ukrainian Revolution of 1917–1921, the works of legal historians of the Ukrainian diaspora, and the researches of modern historians and legal scholars. It is hardly worth calling a constitution a set of a number of laws, adopted at different times and regulating individual components of state construction. A historiographical analysis of scientific research dedicated to the study of constitutional acts of the era of the West Ukrainian People's Republic and constitutional projects that were not implemented for various reasons is highlighted. It was concluded that historians and jurists of the diaspora have created a significant body of literature on the investigated problem, which has become a solid basis for further research. It is emphasized that understudied and debatable aspects of the problem remain the questions about the authorship of the Basic Law of the West Ukrainian People's Republic, about the origins and legal foundations of the creation of the cathedral Ukrainian state, the list of legislative acts that are interpreted as constitutional by some authors is controversial, and it is also emphasized that research work on a thorough study the constitutional projects of Yu. Romanchuk and T. Halip should be activated.

The purpose of this study is the historical and legal definition of the Lithuanian Statute of 1529 as a legal monument of the military law of Ukraine and the definition of the influence of its norms on the development of military affairs. The article is based on worldview, general scientific, special and specifically scientific methods of knowledge (synthesis and analysis, comparative-legal, logical-historical, structural), of which the quintessence of the entire work is the historical-legal method, that reveals the content of the norms of domestic military law of the 16th century. The procedure of enforcement of the Lithuanian statute of 1529 has been studied. The latter included the norms of public military law that were in force in Ukrainian territories. The legal reason for streamlining the military case was the uncertainty of the legal status of the people's militia. It has been established that the military regulations of the Lithuanian Statute of 1529 established the three most important provisions of military service during the period of declaration of martial law, namely: 1) the procedure for conscription of persons for military service during mobilization; 2) the procedure for demobilization from military service; 3) responsibility for violation of legal norms on military duty and military service. With regard to the first provision, according to the introduction of the Second Section "On Zemstvo Défense" and articles 1 – 6 and 9, in the modern understanding, mobilization with conscription took place only on the basis of a resolution of the Zemstvo. Owners of estates were subject to conscription for military service during the war ("to serve the war"), because the estate itself was a guarantee of conscientious implementation of military rules. For the first time in the constitutional order, the age of majority for military service was determined from the age of seventeen. A positive point was the clearly defined period of validity of the provisions of military law – ten years. The order of demobilization in the modern sense was defined in 7, 8, 10 articles, according to which only the Grand Duke of Lithuania and the Ladies' Council could release servicemen from the armed forces. Liability for violation of established norms on military duty and military service was divided into material and criminal. Material punishments included the forced confiscation of estates in favour of the state, and the criminal punishment was mainly the death penalty. It was determined that the Lithuanian Statute of 1529 as a monument of military law contained: 1) the basic principles of the formation of military law; 2) the norms of military law directly; 3) norms – guarantees of the rights of subjects during military service. It was concluded that the Lithuanian Statute of 1529, as a legal monument of Ukraine of the Middle Ages, concentrated in itself important norms, which were definitely the means of legal regulation of social relations in the military sphere of Ukrainian lands during the first half of the 16th century with the aim of improving military affairs. According to the provisions of this systematized collection of legislation, the organization of conscription for military service and the procedure for its completion were regulated.

The article examines the conceptual aspects of the responsibility of certain categories of persons for the actions that led to bankruptcy. According to the practice that exists in the world, the personal responsibility of the officials of the debtor, whose actions affected the property status of the legal entity in the period preceding the bankruptcy, is part of the relevant legislation in many countries of the world. In the legislation of Ukraine, the responsibility of certain categories of persons for the deterioration of the debtor's property is set forth in the Code of Ukraine on Bankruptcy Procedures, the Criminal Code of Ukraine and the Code of Ukraine on Administrative Offences, and the consequences of non-fulfillment of the obligation are provided for in the Civil Code. One of the directions of the research on the property liability of the officials of the debtor is the study of the existing theoretical basis for the use of such a mesures in bankruptcy cases, as well as the state of consistency of the norms of bankruptcy legislation and the general provisions of the Civil Code of Ukraine and the norms of other laws. In this article the meaning of the recommendations for building effective bankruptcy systems are the World Bank Principles for Effective Bankruptcy Systems and Protection of Creditors/Debtors, the UNCITRAL Guide for Legislators on Insolvency Law, and the European Restructuring and Insolvency Directive has been disclosed. It is important to use them in the process of reforming the bankruptcy legislation in order to bring national legislation closer to the best world practice. When conducting the research, the method of systematic analysis of similar provisions of a number of laws was used, comparative analysis was utilized to clarify the conformity of the norms of the current legislation of Ukraine with the provisions of international documents, and the use of the functional method helped to draw conclusions of a practical nature. The article provides an analysis of general concepts in the field of bankruptcy and legal theory in general, which should help the Legislator to improve the provisions of the mentioned laws, and the courts to issue more reasoned decisions.

The article analyses the peculiarities of the application of the standards of the International Labour Organization in the judicial practice of Ukraine. Despite the fact that the claimants very often, when filing the lawsuits, strengthen their argumentation by referring to the ILO Convention or Recommendation, these international standards do not form the direct basis of the subsequent court decisions. This circumstance is viewed primarily as one resulting from the tendency of understanding the concept of international labour law as international public labour law, namely, when the law that is associated with the cooperation of states, interstate associations, international organizations, and national level social partners. Its subject is interstate public relations, regarding the establishment and implementation of international standards of human rights in the field of labour. In turn, international public labour law is always characterized by a complex nature, which is expressed by the combination of elements of international law with national labour legislation. So, on the one hand, after the ratification of an international act, under the Article 9 of the Constitution of Ukraine it becomes part of the national legislation and in the future, moreover, its provisions do not actually function independently, but are developed in the legal acts of Ukraine. But, on the other hand, the given circumstance in no way eliminates the possibility of direct application of the international standard in the case of non-regulation of the relevant issue in the legal acts of Ukraine. This is expressly specified in the Article 81 of the Labour Code. The rule states that, if an international agreement in which Ukraine participates establishes rules other than those contained in the legislation of Ukraine on labour, the rules of the international agreement are applied. Taking into account the enormous regulation of employment relationships at the state level, in Ukraine, the direct application of ILO conventions and recommendations is appropriate, first of all, in cases of gaps existing in national legal acts. In addition, it should be noted that the ILO Constitution obliges each ILO member state to report on the measures it has taken to apply the ratified Conventions. Such reports are based not only on national legislation, but also on judicial practice. This fact strengthens the role of the judiciary in the implementation of Ukraine's international obligations, because the results of its activities may affect the international image of the state. In addition, active involvement of the courts in the implementation of international standards at the national level creates a unique pool of information that allows the ILO to develop further ways of effective international regulation in the field of labour.

The article deals with Local Government. As the title implies the article describes general principles of local self-government organization according to the law of Ukraine. The purpose of the article is to study the law of Ukraine on local self-government, how citizens' participation in management can function successfully only if there are already elements of civil society and self-organization. A mention should be made that the problem of studying the principles of local self-government organization is extremely important. The article uses a comparative research method as well as studies the foreign experience of local self-government organization and its principles. The formation and development of local self-government at the present time in modern Ukraine are considered. The result of the study was that due to the study of the law on local self-government, the formation of national local self-government in Ukraine was determined. The modern stage of local self-government in Ukraine is characterized by a critical review of the methodology of the socialist legal system. Special attention is given to reflection of the development of local self-government and communities, which was preceded by another attempt to increasing the role of councils as local state authorities by improving their structure, as well as improving the regulatory and legal support for the functioning of local self-government bodies, namely, important steps on the way to the formation and constitutional and legal consolidation of the foundations of local self-government in Ukraine. As a conclusion, the article states that, according to the European Charter of Local Self-Government, Ukraine has taken on a number of obligations that it has not yet fulfilled in completely, particularly that the local self-government at the level of districts and regions remains incomplete, since the councils do not have their executive structures, in practice the fundamental principles of local self-government provided by the Charter, which are the organizational, legal and financial autonomy of local self-government bodies in Ukraine, have not been fully implemented.

The article aims at studying the approaches of international investment tribunals to the definition and protection of the legitimate expectations of investors in the renewable energies sector in case where a host state changes or cancels the previously established investment incentive schemes. The author also provides recommendations for Ukrainian authorities regarding the treatment of investors in order to settle existing conflicts and prevent them in future. The research methodology consists of the system-structural method, methods of analysis and synthesis, comparative and prognostic methods. At the beginning of the 21st century, many countries (including those in the European Union) enacted schemes, such as feed-in tariffs (FITs) or other special rates, to encourage long-term investment in the renewables. Confronted with a global financial crisis in 2008–2009, however, many of these countries reduced or eliminated altogether their original investment incentive frameworks. These amendments have prompted a significant number of investment disputes based on claims of breaches of investors' legitimate expectations over the stability of remuneration schemes, alleged to amount to an infringement of the fair and equitable treatment (FET), under the second sentence of Article 10 (1) of the Energy Charter Treaty. Ukraine now faces the same problem in its own relations with investors in renewable energies. Therefore, it is necessary to carefully study the existing (particularly negative) foreign experience in order to mitigate the risks of both losing disputes and inhibiting the development of the "green" energy sector. In order for the state not to bear the burden of compensation payments over the lawsuits by investors, changes in the regulatory regime should be proportionate, reasonable, non-arbitrary and in the public interest, but not radical or unpredictable. At the same time, any lawsuit by an investor poses a risk for the state, since the outcomes of the investment disputes resolution are unpredictable. In this regard, proper communication and negotiations with investors are extremely important to prevent lawsuits, which also carry the danger of creating a negative information background for green energy.

The purpose of the article is to clarify the place of an expert among the participants of the legal proceedings in civil cases. Methods. The article uses general scientific and special scientific methods of research as: method of analysis, systemic one, deduction, generalization, historical method, comparative legal method, analysis of documents, and grouping. Results and Conclusions. The question of determining the place of the expert among the participants in the legal proceedings in civil cases is examined in the article. For this purpose, a historical comparative analysis of the Civil Procedural Code of Ukraine (hereinafter – the CPC of Ukraine) in the versions of different years, a comparative legal analysis of foreign legislative experience, and the doctrinal approaches of domestic scientists to the solution of the specified issue were made. On the basis of the study of the civil procedural legislation of the Europe, Asia and North America countries, it was established that they use two approaches to solving the issue of determining the place of the expert among the participants in the legal proceedings: the absence of a legal fixation of the expert place within a certain group of participants in the proceedings; legislative confirmation of the expert place as a part of "other participants in the legal proceedings". The author defines the main criterion for classifying the expert as "other participant in the legal proceedings" is a legal interest in the consideration of the case, namely one of its elements. On the basis of the study of domestic scientific approaches, it was established that in the structure of the "legal interest" concept, it is reasonable to distinguish two components: the material-legal and the procedural-legal, where the latter belongs to the expert, which determines his assignment to "other participants in the legal proceedings". At the same time, the impossibility of recusal of the expert within the framework of a civil case on the basis of the presence of such an interest is substantiated. Based on the differences in procedural and legal functions in the case and the relation to the administration of justice by the court, the division of the other participants in the legal proceedings was carried out into: persons, who organisationally ensure the justice performance by the court, and persons, who contribute to the court's establishment of facts and circumstances relevant to the case, and the expert can be assigned to the second subgroup. In connection with that, it is expedient to set out Art. 65 of the CPC of Ukraine in the new version in order to legislate such a division.

The purpose of this article is to establish the compliance of electronic procedures with the requirements of the rule of law, which is currently the main criterion for the legitimacy of the activities of state authorities. The methodological basis of the scientific work was made up of general scientific and special-legal methods, in particular systemic, analysis and synthesis, formal and legal, and comparative-legal. The author clarified the main approaches to understanding the category of legal procedure, proposed classification criteria depending on the presence of a connection with the legal process into procedural and non-procedural ones. The article examines the peculiarities of improving procedures in the field of law enforcement, particularly judicial proceedings, under the influence of digital transformation. The author formulated the concept of electronic legal procedure as a special type of legal procedure, which is implemented with the help of information and communication technologies, aiming at achieving certain legal consequences and regulated by procedural legal norms and technical norms. The study also provides an analysis and evaluation of the effectiveness of the digital legal procedure, identifies the advantages of using electronic procedures in the period of crisis phenomena, such as facilitating access to justice, increasing the publicity and openness of the judicial process, and significantly reducing the time and material resources of the trial. At the same time, the possible risks of the digital transformation of court procedures in the context of the rule of law are outlined, which are associated with the violation of equal access to justice due to the lack of technical capabilities, ensuring confidentiality, the possibility of using discriminatory algorithms, the lack of procedural opportunities to appeal decisions made by artificial intelligence systems. Thus, the author proposed to develop a holistic concept of electronic court procedures, to establish digital procedural principles and rights of the subjects of such procedures at the regulatory level.

The article considers the category of discretionary powers of administrative courts. It is noted that human rights and freedoms and their guarantees determine the content and orientation of the activities of our state, the Constitution of Ukraine not only declares the idea that a person is the highest social value of society, but emphasizes that the activities of the state guarantee protection and are aimed at the realization of its legal rights, freedoms and interests. It is stated that ensuring guarantees of man and citizen rights in relations with public administration bodies is the responsibility of any law-based state, and Ukraine is no exception. The above-mentioned necessitated the creation of administrative justice in our state, which, on the one hand, protects the rights of a person and a citizen, and on the other hand, with the help of a single judicial practice, ensures the legality of the activities of public authorities. Administrative justice is the most important procedural and legal instrument in the field of full protection of constitutional rights, freedoms and legitimate interests of man and a citizen. Methodology: The methodological basis for the article are general and special methods of legal science, in particular: the method of dialectical analysis, the method of prognostic modeling, formal and logical, normative and dogmatic, sociological methods. The results of the study: in order to resolve the issue of legislative consolidation of the concept of "discretionary powers of the administrative court", the proposal in part 1 of Art. 4 of the CAS of Ukraine "Definition of terms" a separate paragraph defines the concept of the following content: "discretionary powers of the administrative court – the rights and powers of the administrative court (first, appellate, cassation instances, Grand Chamber of the Supreme Court) granted to it by the state, enshrined in the provisions of the articles of the CAS of Ukraine, which enable the administrative court to freely act considering and deciding an administrative case, to choose between two or more legal alternatives to that, which in its opinion is more appropriate (more reasonable)".