18. The notion and the types of legal conduct

legal conduct - an action (inaction) of the subjects of law, which meets the requirements of the law or principles of law of that State. Signs of lawful behavior: General (generic), that is inherent to lawful behaviors as a form of social behavior: a) the external manifestation (objectification) in the form of an act or omission; b) compliance with the standards, principles of law of the State (the adequacy of the behaviors referred to the right); c) positive social value (expressed in its social utility, affordability, acceptability).

Specially-law, that is relevant to the legal assessment of behavior as legitimate, their characteristics coincide with the characteristic of lawful behavior (object, subject, objective side, the subjective side). Types of lawful conduct For example: On the subjects of law - action (inaction) of individuals and legal entities, state, etc.; On the objective side - the actions (or omissions); With respect to the lawful conduct of the legislator - a desirable, permissible, necessary; By direction of the will - legal acts, legal acts; By the nature of motivation - in principle (pre-defined inner conviction of the need to act lawfully), habitual (predetermined habit to exercise this legal requirement), conformist (pre-determined desire to do so, as do others), marginal (pre-defined fear of sanctions for misconduct), an intuitive (predefined legal intuition).

19. The notion and the types of administrative penalty

An administrative penalty is prescribed by the state measure of responsibility for committing an administrative offense and is applied in order to prevent the commission of further offenses by the offender as well as others (Part 1, Article 3.1. Administrative Code). From the notion of an administrative penalty, given in the Administrative Code, the following signs: 1) The administrative penalty is set by the state measure of responsibility; 2) an administrative penalty only applies for committing an administrative offense; 3) The administrative penalty may be applied only to a person convicted of committing an administrative offense; 4) The administrative penalty is the punishment, which is caused by their deprivation or restriction of rights and freedoms of the offender; 5) The administrative penalty is always personal in nature and should not affect the interests of third parties; 6) The administrative penalty shall be applied a wide range of bodies and officials authorized to consider cases on administrative offenses; 7) The administrative penalty is always entails a consequence, in which the offender, and after the execution of an administrative penalty is considered to be subjected to such punishment. For administrative offenses can be established and applied in the following administrative penalties (Part 1, Article 3.2. Administrative Code): 1) warning; 2) an administrative fine; 3) compensated seizure of the instrument or subject of an administrative offense; 4) confiscation of instrumentalities or the subject of an administrative offense; 5) deprivation of special rights granted to a natural person; 6) The administrative detention; 7) The administrative deportation from the Russian Federation a foreign citizen or stateless person; 8) the disqualification; 9) administrative suspension of activity.

20. Describe the general position of Constitution of Ukraine

Ukraine is a sovereign and independent, democratic, social, law-based state.

In Ukraine, local self-government is recognised and guaranteed.

Ukraine provides for the satisfaction of national and cultural, and linguistic needs of Ukrainians residing beyond the borders of the State

All people are free and equal in their dignity and rights.

Human rights and freedoms are inalienable and inviolable.

Every person has the right to free development of his or her personality if the rights and freedoms of other persons are not violated thereby, and has duties before the society in which the free and comprehensive development of his or her personality is ensured.

The sole body of legislative power in Ukraine is the Parliament — the Verkhovna Rada of Ukraine.

The President of Ukraine is the Head of State and acts in its name.

21. Legitimate (legal) behavior is regulated by an act of positive law, and illegitimate, for which legal liability is established, - the act of belonging to a group of punitive(punishing). Both groups this acts are classified as containing the substantive law. However, for the penalties contained in the rules of substantive law, you must perform a series of actions aimed to convict a particular person. These actions are also governed by rules of law relating to the group process.

Weber identified three types:

• Legal authority is based on a system of rules that is applied administratively and judicially in accordance with known principles. The persons who administer those rules are appointed or elected by legal procedures. Superiors are also subject to rules that limit their powers, separate their private lives from official duties and require written documentation.

• Traditional authority is based on a system in which authority is legitimate because it "has always existed". People in power usually enjoy it because they have inherited it. Officials consist either of personal retainers or of personal loyal allies, such as vassals or tributary lords (in a feudal regime). Their prerogatives are usually similar to those of the ruler above them, just reduced in scale, and they too are often selected based on inheritance.

• Charismatic authority is based on the charisma of the leader, who shows that he possesses the right to lead by virtue of magical powers, prophecies, heroism, etc. His followers respect his right to lead because of his unique qualities (his charisma), not because of any tradition or legal rules. Officials consist of those who have shown personal devotion to the ruler, and of those who possess their own charisma.

22. An election is a formal decision-making process by which a population chooses an individual to hold public office. Elections have been the usual mechanism by which modern representative democracy has operated since the 17th century. Elections may fill offices in the legislature, sometimes in the executive and judiciary, and for regional and local government. This process is also used in many other private and business organizations, from clubs to voluntary associations and corporations.

Elections: Allotment (sortition); By-election; Electoral fraud; Show election; Fixed-term election; General election; Midterm election; Primary election(Open vs. closed; Nonpartisan blanket); Two-round (runoff); Direct vs. Indirect; Local election; Referendum; Recall election; Criticisms of electoralism.

23. The couple, located in a registered marriage, becomes personal and property rights and obligations. To individual rights and responsibilities, ie, with no proprietary content should include, for example, the right of each spouse on their own, free to choose as their joint and keep his name before marriage, or attached to your name the second name spouse. In addition, this group of rights include the right of spouses to freely choose employment, occupation and residence, jointly decide on parenting, family use equal rights and bear equal responsibilities. In addition to personal, marriage has property rights and obligations. According to family law, different joint and joint property and separate property of spouses. Property acquired by spouses during marriage, is it common joint ownership, each spouse is equally entitled to possess, use and dispose of the property, it does not take into account the number of work completed and its form for any of the spouses. Property that acquired during the marriage, the couple may dispose, by common consent. This means that the agreements one of the spouses is that it is acting with the consent of the other spouse. Unlike the common property, separate property of the spouses - it is that each spouse owned before marriage, and received him at the time of marriage as a gift or succession. This category includes property and items for personal use (clothing, shoes, etc.), even if acquired during marriage by mutual funds of marriage, except for jewelry and luxury goods. Owns, manages and is the property each spouse independently. If the division of property is a common joint property of spouses, their shares are recognized equal. This trial division of family property can be held as when you are in marriage and after divorce. According to marriage and family law, spouses must materially support each other. In case of refusal of such support that the spouse who requires financial assistance (disabled, pregnant wife), may apply to the court to award alimony in his favor.

24. Offense under the Criminal Code of Ukraine (Article 7) considered socially dangerous act (action or inaction) that infringes on the social system of Ukraine, its political and economic systems, property, person, political, labor, property and other rights and freedoms of citizens, as well as otherwise provided for by criminal law socially dangerous act that infringes on law and order. Signs of a crime is a social danger, criminal wrongfulness, guilt and punishability act. Social risk - estimated category, characterized by certain actions or omissions, damages or threatens to cause such damage to objects protected by criminal law. The degree of public danger is determined by a set of all elements of a crime: a) The value of benefits to which offends offense; b) of negative consequences that come through the commission of crime; c) the way the act; d) explanation of the act, shape and degree of fault. Under the Criminal Code of Ukraine (Article 7) is not a crime action or inaction that has formally signs of any offense under criminal law, but not socially dangerous. The second feature of the crime - criminal wrongfulness - means that only acts directly under the criminal law as a crime, may be considered a crime. The third feature - guilt - means that the act is criminal if it is committed intentionally or with negligence. Where there is no guilt, no offense. Acts may be socially dangerous, but if there is no fault - this is not a crime. Guilt, as a sign of a crime means that for any crimes in the law are a kind and sentences. There are different positions on the separation of crime from other offenses. One of them is based on determining the degree of public danger. Crime find the most socially dangerous offense.

25. Great importance for the restoration of health, physical and mental abilities of workers has the rest - time free from the performance of employment duties, the employee used at their discretion. As working hours, rest time has several species. This - a break in your day for rest and meals, daily rest after work, weekly rest days (usually Saturday and Sunday), holidays and days off, annual and additional leave. As a general rule, breaks during working hours are 4 hours after start of work and last for 30 minutes to 2 hours. This break is not included in working hours. People at the break be absent from work. According to the law and additional breaks, rendered in a short period of time, such as when working outdoors in the cold season builders for heating, for handling, secretary-typist, computer operators - after every 45-50 minutes 10 -15 minutes of rest, in other cases. Relatively holidays and holidays legislation defines 8 holidays and 3 days off. In celebration consist of: 1 January - New Year, January 7 - Christmas, March 8 - International Women's Day, 1 and 2 May - Labour Day, May 9 - Victory Day, June 28 - Constitution of Ukraine, August 24 - Independence Day of Ukraine, 7 and 8 November - the anniversary of the Great October Socialist Revolution. By the holidays are religious holidays: January 7 - Christmas, one day (Sunday) - Easter (Easter) one day (Sunday) - Trinity. The most enduring leisure time is a holiday. It also has several types: A. Annual: basic, additional for work in hazardous and harsh working conditions for the special nature of work, while others provided by law. 2. Additional going to school (for those who learn on the job). 3. Creative (is provided for completion of theses, writing books, etc.). 4. Social: due to pregnancy and childbirth, to care for children under the age of three, employees who have children. 5. Leave without saving wages (provided on different terms in the cases stipulated by the Law of Ukraine "On vacation" without the consent of the owner or authorized body: veterans, people who have made special contributions to the country, people who have outstanding labor services to the country; pensioners by age, disabled, people who marry, employees in the event of death relatives - spouse (s), parents (stepfather, stepmother), child (stepson, stepdaughter), brothers, sisters and so on. for the 'consent of the employment contract is to leave 15 days per year and can be divided into parts, but generally not more than 15 calendar days.

26. In most cases, the marriage is terminated because of death or announcement in court deceased spouses. But for the life of marriage marriage can be terminated through divorce at the request of a spouse or their joint statement. Divorce is made in court. In some cases, are required by marriage and family law, divorce is allowed in the bodies of registry office. This is made possible by mutual consent for divorce couple with no children. In addition, agencies registry office shall also divorce of persons recognized in accordance with the law missing, incapacitated due to mental illness or dementia, and convicted for the offense to imprisonment for a term not less than 3 years. If between the couple, who divorced in organs registry office a dispute arises on the property, children or alimony in favor of the spouse who is incapacitated, the divorce is made by the court. If divorce is in court, the court shall set the real motives of divorce, find out the actual (real) relationship in the family and take all possible measures to reconcile the spouses. In any case, marriage is terminated if the court is found that the further life together marriage and family preservation became impossible. Thus, bringing the decision to divorce, the court shall take measures prescribed by law for the protection of minors and of the spouse who is incapacitated. Marriage is considered terminated from the date of registration of divorce in the organs of vital records, meaning that even after the trial and make a decision on divorce law provides the opportunity for reconciliation of spouses while maintaining validity for marriage concluded before. One spouse who changed his name by marriage to another, and may be named after divorce him or return before marriage surname.

27. The legislation provides for the following types of work: normal and reduced working hours, part-time, irregular working hours. Working hours in a normal workweek can not exceed 40 hours. This is a general rule, regardless of the number of working days per week. So, for five-or six-day work week the total number of hours should not exceed 40. Hence the daily work on a five-day working week should not exceed 8 per six-day - 7 hours. Enterprises and organizations, concluding a collective agreement may set a lower rate of working time. Some categories of workers are reduced (partial) volume of work. These include, but are minor: workers aged from 16 to 18 set 36 hours a week for people aged from 15 to 16 years (students aged from 14 to 15 years, working during the holidays) - 24 hours a week. Working hours for students who work during the school year in their free time, can not exceed half the maximum duration specified above working hours (for the appropriate age) workers employed in jobs with hazardous working conditions - not more than 36 hours per week, on average, teachers found six hour working day, the doctors, such as dentists, doctors clinics, plants, cabinets installed 5.5-hour day, the doctors of hospitals, nursing hospitals, other inpatient medical facilities and specialized health centers, nurseries and doctors some other set to 6.5-hour day. Reduced working hours may be installed at their own expense for companies and organizations for women with children under 14 or disabled child. In addition, employees can have part-time. What distinguishes it from shorter working hours? First, to address the issue of part-time employee usually must obtain the consent of the owner (authorized body) and by reduced working hours that are required. Second, wages for part-time is proportional to the hours worked or depending on output, and for short - in full rate (salary) employees. Thirdly, for part-time as possible to reduce the length of working hours and days working week. Ability to work part time, mostly used by persons under certain circumstances, for example, by the need to care for children, sick family members, in connection with education, health and so on. Part-time must be set at the request of the pregnant women, women with a child under 14 or disabled child, including the one under it by taking care of or provides care for a sick family member in accordance with medical opinion . Given the specificity and nature of the employment of a certain segment of the population (civil servants, members of administrative, managerial, technical, commercial staff: directors, chiefs, accountants, economists, lawyers, programmers, engineers, etc.) law provides the opportunity to work more than the established normal working hours. Lists of occupations, positions and activities, which permitted the use of irregular working hours, designed by owner (authorized body) and union (or other body authorized to represent the workforce) and included in the collective agreement.

28. Regulations governing the (guard) the legal relationships that are constantly arising, change or terminate. Legal Relations - is regulated by law public relations, whose members act as carriers of subjective rights and legal obligations provided by the state. The main features of relations: a) they occur on the basis of the law, b) are characterized by the presence of parties who have subjective rights and legal responsibilities, c) is a type of social relations of individuals or legal entities, organizations and communities, d) of sub 'best available' rights or compliance with legal duties in legal controlled and provided by the state. Group relationship can be the following grounds: depending on the number of subjects (simple and complex) on the subject of legal regulation (administrative, civil, land, criminal, financial, labor, etc..) For action in time (long-and short-term) , by the method of regulation (contractual and managerial) within the meaning of conduct obliged party (passive and active), depending on the functional purposes (regulatory and security). Legal relations have a complex structure and include: 1) subjects, 2) objects, and 3) the content of relationships.

29. Marriage and family law provides the conditions and order of marriage. Marriage registered in public bodies Vital Records in a solemn atmosphere, with the consent of those who marry. Registration of marriage is the official confirmation of the time of mutual rights and obligations of marriage. For taking the marriage must apply in organ registry office. Terms marriage is a mutual consent of persons who are married, and they reach marriageable age. Marriage age in Ukraine is set as follows: 18 years for men and 17 for women. Any boundary age for marriage adults legislation does not provide. But, of course, essential to marriage - a mutual consent of persons who marry, what to marriages taken without going to a family, the law recognizes their fictitious. In addition to the conditions of marriage, the law defines and obstacles that prevent marriage. Marriage is not possible: a) between persons of whom at least one is in another marriage, between relatives in direct ascending and descending line; b) between full a неповнорідними and brothers and sisters; c) between adoptive parents and adopted; d) between persons of whom at least one court declared incompetent due to mental illness or dementia. And even those who marry should be mutually aware of the health of each other.

30. The system of law - is an internal form of law, which has an objective character of the building shown in the unity and coherence of all its provisions, differentiated by legal systems, industries, sectors, institutions and the rule of law. Law consists of numerous legal regulations. To choose this or that legal provision for their implementation, be aware that they are united not by random signs, among them there are specific similarities and differences. With this objective conditionality and the characteristic signs of similarities, differences law all right to be present as defined by the system. Objective conditionality of rights is characterized by the fact that, firstly, it is a relatively minor phenomenon of Economics and is a superstructure of society. Second, the right to be included in a broader system called legal. Therefore, the right has such objective properties: - It develops through relations generated by economic relations, and then by Bank of or authorized by the state; - Under the influence of legal and justice is developing not only the rule of law, right, and the legal system and legal superstructure; - The right not to be reduced only to the law, it shall be considered in conjunction with other elements of the legal system (for example, legal regulation and its mechanism, legal, justice, etc..) - The system of law is an element of regulation, interaction of objective and subjective rights and legal justice. However, in the legal sources, there are anti-systemic trends (such as competition law); - The degree of development rights system properties largely depends of development of the whole legal system. This means that the system of law to be studied within a legal system. The main features of law are as follows: divide the entire set of interrelated law legal systems, industries, sectors, institutions of law; - Unity and coherence between a law which constitute the system of law, the objective nature of the system of law. Thus, for any state law operates as a single, coherent legal, internally consistent system of obligatory rules of conduct. An important aspect of this internal consistency is the structure of law, as a natural organization of its elements.

31. Referendum - a way of making the citizens of Ukraine by a vote of the laws of Ukraine and other decisions on national and local importance. The questions of referendums in Ukraine are regulated by the Constitution and the law "Of the Ukrainian and local referendums". The law envisages two main types of referendums: national and local.

32. According to Art. 76 of the Constitution of Ukraine, Verkhovna Rada of Ukraine consists of 450 deputies elected by nationwide voting. This number is determined by the number of population of Ukraine, system of constituencies and the number of voters in them, the electoral system and parliament unicamerality. The authority of Verkhovna Rada of Ukraine are:

• Amendments to the Constitution of Ukraine within the limits and procedures specified in Chapter XIII of this Constitution;

• All-Ukrainian referendum on issues determined by Article 73 of this Constitution;

• Adoption of laws;

• Approving the State Budget of Ukraine and introducing amendments to it, monitor the implementation of the State Budget of Ukraine, the decision to report on its implementation;

• Determine the internal and foreign policy;

• Approval of national economic, scientific, social, cultural development and environmental protection;

• Appointment of presidential elections in Ukraine within the terms stipulated in this Constitution;

• Hearing annual and special messages of President of Ukraine on the domestic and foreign situation of Ukraine;

• Announcement by the President of Ukraine the state of war and concluding peace, affirm the President of Ukraine on the use of the Armed Forces of Ukraine and other military formations in case of armed aggression against Ukraine;

• Removal of the President of Ukraine from office under a special procedure (impeachment) established by Article 111 of this Constitution;

• Consideration and decision on approval of the Program of the Cabinet of Ministers of Ukraine;

• Accept nomination by the President of Ukraine, Prime Minister of Ukraine;

• Monitoring the activities of the Cabinet of Ministers of Ukraine in accordance with this Constitution;

• Confirming decisions on granting Ukraine loans and economic assistance to foreign countries and international organizations, as well as getting Ukraine from foreign states, banks and international financial organizations, not the State Budget of Ukraine, exercise control over their use;

• Appointment or election to office, dismiss, accept the appointment and dismissal of persons in cases envisaged by this Constitution;

• Appointment and dismissal of the Chairman and other members of the Accounting Chamber;

• Appointment and dismissal of the Commissioner of the Verkhovna Rada of Ukraine on Human Rights, hearing his annual reports on the observance and protection of human rights and freedoms in Ukraine;

• Appointment and dismissal of the National Bank of Ukraine by the President of Ukraine;

• Appointment and dismissal of half of the Council of the National Bank of Ukraine;

• Appointment of half of the National Council of Ukraine on Television and Radio Broadcasting;

• Appointment and termination of members of the Central Election Commission by the President of Ukraine;

• Confirming the general structure and numerical strength of the Armed Forces of Ukraine, Security Service of Ukraine, other established under the laws of Ukraine's military forces and the Ministry of Internal Affairs of Ukraine.

33. The terms conviction and convicted refer to the final judgment on a verdict of guilty, a plea of guilty, or a plea of nolo contendere. They do not include a final judgment that has been deleted by a pardon, set aside, reversed, or otherwise rendered inoperative. Repayment of conviction is automatically terminated when installing certain, statutory conditions. The main of them are non-committing a person for a period of a new offense of conviction. Abatement of criminal conviction; effect of death of convicted person while case on appeal. Provides that a criminal conviction shall not abate if a convicted criminal defendant dies at any time following his conviction, and if his death occurs during the pendency of an appeal by him, the appeal is rendered moot.

34. Right - the system of norms (rules) and the principles established or recognized by the state as regulator of social relations that formally consolidate degree of freedom, equality and justice in accordance with social, group and individual interests (will) population, provided all legal actions influence the state until to coercion. Attributes of law:

• Normative character

• Binding on all character

• Formal certainty

• Powerfully-state character

• Guaranteed and secured by the state

• Systematic law is that right - is not just a set of principles and norms and their system, where all the elements connected and coordinated.

35. Cabinet of Ministers of Ukraine - the highest authority in the executive branch. According to the first part of Art. 113 of the Constitution "The Cabinet of Ministers of Ukraine is the supreme body of executive power." This means that the Cabinet of Ministers of the government headed by a system of executive power. He exercises executive power either directly or through central and local executive bodies, directing, coordinating and controlling. Cabinet of Ministers of Ukraine consists of:

• Prime Minister of Ukraine;

• First Vice Prime Minister of Ukraine;

• three Vice Prime Ministers of Ukraine;

• Minister of Agrarian Policy of Ukraine;

• Minister of Construction, Architecture and Housing and Communal Services of Ukraine;

• Minister of Internal Affairs of Ukraine;

• Minister of Coal Industry of Ukraine;

• Minister of Economy of Ukraine;

• Minister for Foreign Affairs of Ukraine;

• Minister of Culture and Tourism of Ukraine;

• Minister of Defence of Ukraine;

• Minister of Education and Science of Ukraine;

• Minister of Health of Ukraine;

• Minister of Environmental Protection of Ukraine;

• Minister of Fuel and Energy of Ukraine;

• Minister of Labour and Social Policy of Ukraine;

• Minister of Industrial Policy of Ukraine;

• Minister of Transport and Communications of Ukraine;

• Minister of Ukraine of Emergencies and Affairs of Population Protection from Consequences of Chornobyl Catastrophe

• The Minister of Ukraine for Family, Youth and Sports;

• Minister of Finance of Ukraine;

• Minister of Justice of Ukraine;

• Minister for the Cabinet of Ministers of Ukraine.

According to the Constitution of Ukraine Cabinet of Ministers of Ukraine provides sovereignty and economic independence of Ukraine, the implementation of domestic and foreign policy, of the Constitution and laws of Ukraine, Acts of President of Ukraine, develops and implements national (National) program of economic, scientific, social and cultural development of the state manages state property, develops a draft State Budget and ensures its execution (after approval of the State Budget Parliament of Ukraine) taking measures to secure Ukraine defence, national security, security public order, and measures to combat crime; organize customs, ensure the implementation of foreign of Ukraine, provide for financial, pricing, investment and taxation policy, and policy social protection, education, science and culture, health protection, ecological security and nature, taking steps to the rights and freedoms of man and citizen and so on. In Cabinet Ministers of Ukraine charged the duty to direct and coordinate the work of ministries and other authorities (Art. 116).

36. Labour law provides for two types of responsibility: disciplinary and material. Responsibility for labour law - a special kind of legal responsibility that is stipulated by the norms of labour law duty officer responsible for the offense committed by labour and suffer appropriate sanctions. The basis for such liability is a labour offense, guilty of unlawful act that is failing or violation of job duties the employee. Labour offense consists of two kinds: disciplinary offense and working property offenses.

Disciplinary responsibility - a type of legal liability. It is the duty of the employee responsible to the owner or the authorized body for a felony offense and incur disciplinary action as provided for by labour law.

There are two kinds of discipline: general and special. Total is the imposition of disciplinary sanctions on employees under the Labour Code of Ukraine and internal regulations. Special disciplinary action to be certain categories of employees for disciplinary statutes and regulations on discipline.

Violation of labour discipline to an employee may be used only one kind of punishment, reprimand or dismissal.

The main type of employee liability - limited liability. It is the duty of the employee caused the damage to, reimburse the employer direct actual damages, but no more of his average monthly earnings. Under the direct loss to understand the real damage, deterioration or decrease the value of property, the need for companies to recover costs, acquisition of property or other property or to excess, that is caused by a violation of employee job duties, payments. Missed earnings may not be recoverable.

Full liability without limitation any limit for damage caused by an under Art. Labour Code 134.

37. Crimes are usually classified as treason, felony, or misdemeanour. The fundamental distinction between felonies and misdemeanours rests with the penalty and the power of imprisonment. In general, a misdemeanour is an offense for which a punishment other than death or imprisonment in the state prison is prescribed by law.

38. To get to work the employee is to write a statement and present employment history, passport, for military service - military card or certificate officer and, if necessary, a document confirming training (diploma conferring the profession), a medical certificate on health, and for employees related to traffic, certificate of compliance work in this position. The requirement to provide other documents not provided for by law, is prohibited.

Do any restriction on employment.

Before becoming a work of railway undertakings, the employee must pass introductory and initial training on health and safety, fire safety, to pass the test within the required scope of knowledge of Operating Rules. railways, Instructions alarm instructions trains and shunting work.

At the conclusion of labor agreement administration of the company issued an order to which the workers must be aware of a receipt. An employment contract is concluded and if the order was not issued, but the employee was allowed to work or labor performed his functions with the consent of or on behalf of supervisor.

When a job to verify that the employee's level of work performed can be set trial period. It cannot exceed three months or six - in agreement with the trade union committee. For positions that belong to the workers, probation may not exceed one month. Do not set a trial period employees taken in the order of transfer, persons under the age of 18. young professionals, graduates of vocational schools, disabled people and sent to work in accordance with the recommendations of medical and social expertise, persons retired after military or alternative (non-military) service, and in other cases provided by law. A condition of probation installation should always be specified in order for a job.

If the trial period ended, and the employee continues to work, it is presumed that he was tested, and following termination of employment contract is made on a general basis.

The owner or its authorized body shall not require the employee work performance, not caused by an employment contract. Responsibilities of an employee referred to in his job description. if his position is one of the managers or specialists and typically instructions - for workers.

39. There are different interpretations of object relations - developed mainly two concepts - monistic and pluralistic. According to the first of which object relationships can speak only of the subjects, because the actions, the actions of people regulated by legal norms and human behavior can only respond to the legal effect.

A second, real relationships are so different, how different legal, regulated by law.

Types of legal objects are:

A. Material goods (things, objects, values), characterized mainly for civilian property relationships (sale, donation, exchange,etc.).

2. Intangible personal benefits (life, honor, health, dignity, freedom, security, right to the name of human security)

3. Conduct of business, various services and their results. (This is mostly legal, consisting of the norms of administrative law in management, cultural and other activities).

4. Products spiritual works (works of literature, art, painting, music, sculpture, and scientific discoveries, inventions - all resulting intellectual work).

5. Securities other official documents (bonds, bills, money, certificates, certificates etc.).

40. According to Art. 88 of the Criminal Code may apply to the minors the following penalties:

• a fine;

• the deprivation of the right to engage in certain activities;

• community service;

• The corrective work;

• arrest;

• Imprisonment for a specified period of time.

41. Under Ukraine's election system means provided by law the procedure of forming representative bodies of state. All legislation that govern the order, together constitute the right to vote. Its main sources are the Constitution of Ukraine, Law of Ukraine: "About Elections of People's Deputies of Ukraine", "About elections of President of Ukraine", "About election of deputies of local councils and village and city mayors."

In these regulations are formulated the main principles of electoral law: universal, equal and direct electoral rights by secret voting, free and equal nomination of candidates, transparency and openness, equality of opportunity for all candidates in the election campaign; no bias towards candidates by state bodies, institutions and organizations, local government, freedom of agitation.

42. Civil legal relationship - governed by civil law economic and moral relations, whose members are the legal equal bearers of rights and duties.

In accordance with Articles 1, 2, Civil Code of Ukraine relations have indicated in public, cooperative and other social organizations among themselves, the citizens of the state, cooperative and other public organizations, citizens together.

For civil relations is characterized by specific features that distinguish them from other types of legal relations that arise in society. In particular, one should note the following features:

- Civil Relations - this economic and moral relations;

- Members of these relations are characterized by proprietary separateness and legal equality;

- Legal rights and obligations of subjects of civil relations have, change or terminate based on legal facts. Civil legal relationships consist of three main elements: subjects, objects and content.

The subjects of civil relations may be individuals or legal entities.

The legal relationship between individuals occur mostly on the physical, spiritual and other needs. In view of this subject in civil law relations can be: things, actions, products, creativity, moral good. The idea of ​​civil relations are civil rights and obligations of subjects of such relationship.

43. An employee who caused damage to the company, organization, institution is liable regardless of whether he was brought to disciplinary liability for acts that caused this damage.

The reason for the application of liability to the employee is the presence of damage caused by the loss, damage, destruction of property of an enterprise, institution or organization as a result of illegal acts employee with whom an employment contract.

Current law establishes two types of liability: limited not to exceed the average earnings of workers, and complete. The latter comes in the following cases:

if between the employee and the enterprise, institution or organization written agreement by an assumption of full financial responsibility (such contracts may be concluded only with employees who are 18 years old and hold office or perform work directly related to storage, sales, processing, transportation of property, such as cashiers, storekeepers, forwarders);

when property and other values ​​were obtained by an in-off Report, proxy or other one-time documents (receiving property officer in this way is possible only with the consent of the employee);

If the damage caused to the actions of employees who have signs of a crime;

If the damage caused to an employee who was drunk (state employee must prove such an act of medical examination);

where the damage was caused shortage, intentional destruction or deliberate corruption of materials, tools, gauges, special clothing and other items issued by the enterprise, institution or organization for use in;

if the worker legislation laid full liability;

in case of damage not in the performance of job duties;

if the officer is guilty of illegal discharge or transfer the employee to another job.

Unfortunately, the amount of which exceeds the average earnings of an employee may be reimbursed the employee voluntarily, and in case of refusal to pay compensation for damages issue decided by the court, which, incidentally, is also looking at labor disputes.

44. 1. Economic Co-operation - the state, given the global division of labor, the economic interdependence of countries contributes to integrate the national economy in the world based on mutually beneficial conclusion of relevant international treaties, international agreements

2. Cooperation on maintenance of world order, the state is involved in activities aimed at preserving the peace, disarmament, the elimination of nuclear weapons, is involved in the fight against smuggling, drug trafficking, terrorism, as a member of Interpol.

3. Co-operation in solving global problems - only joint efforts of states can lead to movements in solving problems facing the world community: environmental, raw material, energy, demographic and others.

4. Defense - follows from the Armed Forces of Ukraine only to protect the independence, territorial integrity and compliance with international obligations

The role of the police (ATS) in carrying out state functions derived from the ATS in its mechanism, that the Law of Ukraine "On the Police".

According to this law the police are armed state executive agency designed to protect life, health, rights and freedoms of citizens, property, environment, public interests and the state from illegal encroachments.

From this it follows that ATS are involved in the implementation of internal and external functions of the state, including:

• economic (eg, activities to protect the economy from criminal encroachments);

• environmental (eg, environmental police activity);

• enforcement (such as traffic police activity, patrol service, etc.);

• cooperation to ensure world order (in Kiev is the national bureau of Interpol, the joint action).

45. Elections in Ukraine - is provided by the Constitution and laws of Ukraine form of direct democracy, which is the will of the people by secret ballot on the formation of constitutional qualitative and quantitative composition of representative government and local governments.

Depending on the reason you can distinguish several classifications of types of elections.

By area of ​​destination selections are:

1. national

2. local

For an object to which the elected representative of the people, elections can be classified as:

§ parliamentary elections;

§ Election of the President of Ukraine;

§ election of the Autonomous Republic of Crimea;

§ Election of the government of city, village, town, district and regional councils;

§ elections for the posts of village and city mayors.

By the time the elections are divided into:

§ regular

§ early

§ elections for deputies, heads (village, town and city councils), which dropped

§ election held in the case of formation of a new administrative unit.

For quantitative traits voter participation election are:

general μ

partial μ

Given the legal implications of the elections are divided into:

P valid

P invalid

Finally, in order of election results distinguish the electoral system:

1.mazhorytarna; 2.proportsiyna; 3.zmishana.

1. Plurality (Fr. majohite - most) - the system of election results, by which parliamentary seats (one or more) receive only those candidates who have received statutory majority, and all the other candidates are not elected.

2. The proportional system (Latin proportio - spivrozmirnist) - election results system in which parliamentary seats are distributed among parties in proportion to the number cast for their votes in the multi-mandate constituency. That is, the larger the percentage of votes received at the party elections, the greater percentage of members it will have in Parliament.

3. Mixed system - a system of election results, which involves combining an element of plurality and proportional systems.

46. Signs of the objective side of crime. If you find a crime we first encounter with his objective criteria: specific act of conduct of the subject in the form of action or inaction, which is always a certain objective conditions, in a certain place and time. And the act (action or inaction) is in causal connection with the socially dangerous consequences. These features are characteristic of any crime as a phenomenon of reality. Without these elements of a crime can not be. They always occur in all cases where the offense is committed.

As objective evidence are as actual and social characteristics of crime, especially its social danger. Objective features that are inherent to all crimes, studied general part of criminal law, and individual characteristics of specific crimes such as banditry, fraud, bullying - especially part.

The objective side of crime - is the outer side (outer expression) of the crime, characterized by a socially dangerous act (action or inaction), socially dangerous consequences, a causal relationship between the act and socially dangerous consequences, place, time, situation, process, and also means the offense.

All signs of the objective side of crime in terms of their description can be divided into two groups: mandatory (required) and optional.