47. A key principle of legal liability - the principle of legality, the essence of which is severe and strict adherence to legal regulations.

With the principle of legality is closely related principle of justice, the essence of which is in line between action and its social consequences.

Justice legal liability is that the kind and degree of punishment or penalty depends on the severity of the offense committed, its degree of public danger and the nature of damage.

The principle of humanism based on the recognition of the priority of human values, including the lead taken by the rights and freedoms of individuals

The principle of the inadmissibility of the right analogy and analogies of the law in the application of measures of legal liability means that the decision of the competent authority to bring the offender to legal liability based on specific legal norms.

The principle of inevitability ranks among the principles of legal liability important as establishing penalties for violations of the law is set only when the offender is certainly called to account.

The essence of the principle of individualization of punishment is that the responsibility for the offense should carry himself. Is inadmissible shifting responsibility to others only if there is any connection with the offender.

The principle of the inadmissibility of double liability means that no one should be attracted to the double liability for one and the same offense.

The principle of the validity of legal liability provides an objective examination of the circumstances of the case, the collection and thorough evaluation of evidence, argumentation conclusion on whether the offense was committed, or blame the person who called to account or to be applied is provided in the law sanction, and secondly, determining the specific penalties, penalty, damages in strict accordance with criteria established by law.

The principles of legal liability can also include the general principles of justice: adversarial process as a means to an objective truth, the right to protection of persons called to account, the presumption of innocence; unacceptable deterioration of the legal status of the person appealing against the decision, and so on.

48. The concept of attempt to commit a crime, its objective and subjective symptoms. Attack on crime is committed by a person with direct intent act (act or omission), directly aimed at committing an offense under the relevant article of the Special Part of the Code, if this crime was not brought to end, for reasons that are not dependent on his will. and. Objective signs of attack are: a) the act directly aimed at the crime, b) nedovedennya crime to the end, c) the reasons nedovedenyya crime is not fully dependent on the will of the guilty.

Attempt to commit a crime - a failed attempt to attack an object, the act of wine does not cause him harm, the offense does not have to end for reasons that are beyond the culprit, interrupted, not completed against the wishes of the person to bring it to the end.

Types of attempt to commit a crime. Attempted divided by law to complete and unfinished.

Attempt to commit a crime is complete if the person has completed all actions considered necessary to bring crime to the end, but crime was not completed for reasons that are not dependent on his will. This attempt is often called a failure.

Attempt to commit a crime is incomplete if the person for reasons that do not depend on it will have done all actions deemed necessary to bring crime to the end.

Depending on the suitability of the object and distinguish attacks attempt to fit the crime and is not suitable. Inappropriate attempted crime, in turn, is divided into an attempt on useless object and attempt to inadequate facilities. The same may be not suitable for cooking crime.

Attempt to unfit object (it can be finished or unfinished) occurs when the object does not have the properties (attributes), or it does not, resulting in a wine can not prove the crime to the end. A person prypuskatsya factual errors and eliminates its ability to bring crime to the end.

Absolutely useless are tools whose use under any conditions (circumstances) may lead to end crime (for example, attempt to poison human substance mistaken for poison).

Relatively useless are those features that only these specific circumstances can lead to implementation of planned (for example, attempt to commit murder with firearms that turned out to be flawed). Availability useless attempt is recognized by our jurisprudence.

49. 1. The obligation to observe the Constitution and laws of Ukraine.

2. The duty of defense of the Motherland, independence and territorial integrity of Ukraine, and respect for its state symbols.

3. The duty of protection of cultural heritage reimbursed damages under Art. 66 of the Constitution of Ukraine.

4. The duty not to harm nature

5. The obligation to respect the honor and dignity of others, does not infringe on their rights and freedoms.

6. Duty of full secondary education.

7. The duty of care for children and parents of disabled

8. The duty of paying taxes.

50. The aim - this is the end result, which is aimed at legal responsibility. The purpose of legal liability - is a concrete manifestation of the general purposes of law, including release management and protection of public relations.

The main goals of legal liability arising from the overall objectives of law are: 1) ensure the normal functioning of the mechanism of regulation by ensuring implementation of the subjects of legal relations of subjective rights and legal responsibilities, 2) protection of existing public order and public order; 3) strengthening the rule of law and protection order, and 4) protect the rights and freedoms from unlawful violations, 5) punishment of the perpetrators of the offense, 6) prevention of offenses in the future.

The purpose of legal liability are sold through its relevant features that reflect the main areas of influence of legal responsibility on public relations. It is in the functions of legal liability disclosed its role and importance in ensuring implementation of and protect the rights and freedoms of individuals. The main features of the legal responsibilities that naturally follow from its objectives are the regulatory and security. Derivatives of these functions is a penalty (punitive) pravovidnovlyuvalna, preventive, educational and stimulating.

51. 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.

52. Constitution of Ukraine is the most important legal act of the state, its main legal document that serves as a stabilizing factor in the heart of the legal provisions around which developing legislative provisions relating to various areas of law. Each of the individual provisions of the Constitution, each of the standard can become that part, which begins with the creation of specific provisions in the regulation of public relations or even legal institutions. The object of the constitutional relations is power, sovereignty, the people whose rights and freedoms of citizens. The constitutional relationship with political, settle the question of power. The legal provisions contained in the Constitution, have a higher legal force. Special subject matter of the Constitution of Ukraine is a priority of fixing the rights and freedoms recognized by the highest social value. These rights and freedoms determine the legal status of individuals and foundations of law. In the system of human values ​​defining place is right to work, on which economic and social situation as society as a whole and each of its members. The right to work is recognized by each person, which means the opportunity to earn his living by work which the person chooses for itself or for which consents.The State creates conditions for employment of the workforce, equal opportunities for people with career and family work, implements programs of vocational education and training, conversion of employees according to their interests and needs of society. Work should be properly paid in accordance with its quantity and quality. Profit can be obtained and by other activities not prohibited by law. This may be the business of or association with others to achieve their goals. Payment for work shall be fair and provide decent living conditions to the employee and his family. Remuneration is determined by the employment contract, based on hours of work not exceeding the statutory rules 40 hours a week should provide subsistence level and can not be below the state minimum. Thus every citizen has the right to vote shall be equal access to public office, employment, and positions in local and regional governments. The use of forced labor, with the exception of that defined for certain persons by a court verdict or by injection under the law of emergency or martial law. In cases of unemployment of persons independent of the reasons it is guaranteed the right to maintenance in accordance with law. For all employees are guaranteed statutory minimum duration of daily leisure time, weekly, weekends, holidays, paid annual leave, reduced working hours for certain professions and jobs for minors, persons with reduced working capacity, as well as for women (one parent) with children. Every citizen who works has the right to working conditions that meet safety and health and are not harmful to health. Working conditions defined by applicable law, may be supplemented by collective and individual labor contracts concluded by means of free negotiations. Health care is provided by the creation of adequate living and working conditions, the system of socio-economic, health and sanitation and prevention, expanding the network of communal (municipal) and private medical institutions and enterprises, the development of medical industry and science, the perfect preparation of highly qualified specialists in health and public control over their professional level. The State creates conditions for highly accessible to all health care, a combination of free and paid forms of care. Everyone has the right to state compensation for material and moral damage caused to his health or property of environmental violations and to compensate the costs of eliminating the harmful effects of these offenses. Guaranteed availability by free and compulsory education. Education is the foundation of spiritual, social, economic and cultural development of society and the state, with the goal of comprehensive development of man as a person and the highest values ​​of society, the development of her talents and mental and physical abilities, education of high moral character, the formation of citizens able to make a deliberate choice , improving on that basis, intellectual, creative and cultural potential of the people, enriching the national economy with qualified workers, specialists. Ukraine recognizes education a priority socio-economic, spiritual and cultural development of society. In the case of old age, disease, total or partial disability, disability, accident, loss of breadwinner, unemployment due to national circumstances, he is entitled to social security. This right is guaranteed by the mandatory social insurance premiums by state agencies, budget and other sources of social security.Pensions and other social assistance to ensure a standard of life, not below the subsistence minimum. Citizens of Ukraine have the right to freedom of association to exercise and protect their rights and meet the economic, political, social, cultural and other interests. No one can be forced to join in any association, limited the rights or have benefits in relation to belonging or not belonging to it. The rights and freedoms are guaranteed, protected and defended by the state. 53. Legal liability(or responsibility) - a kind and degree of punishment forced the subject of the offense statutory offense adverse consequences (personal, property or other character). The main features of legal liability: There is hence an offense that does not exist to the offense; Is retrospective in nature (it is responsible for past acts); Sold in the so-called security relationship, the basis of which the offense (legal fact), these legal entities: the state, represented by the relevant authorities (courts, police, etc.) and the offender;  It consists in punishing the offender of certain adverse effects of offense: personal (eg imprisonment), property type (such as confiscation of property), organizational (eg dismissal);  Related to the subject of penalty offense adverse effects are provided by law (legal-penal sanctions) or, for example, in civil law, agreement (relevant requirements of legislation);  There is a kind of state coercion, its implementation is associated with state coercion, that legal responsibility, as a general rule, involves compulsory subject of punishment offenses related adverse effects of the offense (but, for example, civil, labor law, along with the enforcement order, provides for reimbursementdamage and on a voluntary basis);  Its subject (the subject of legal responsibility), as a general rule, coincides with the subject of the offense (but, for example, in civil law, the subject property liability for damage caused to minors that are not ripe 15 years old, may be his parents).  Entrusts the established procedural order.

54. The device provides executive tasks in the areas of economic, social, cultural, administrative and political construction in other areas of management. In the process control have organizational ties between the participants of this relationship, many of which require legal regulation. Such regulation by means of administrative law and thus converts them into administrative and legal relations. Administrative and legal relations - public relations is in the public domain, members of which are the bearers of rights and obligations regulated by the norms of administrative law. Administrative and legal relations is a kind of legal relationship, and therefore are characterized by their general characteristics. Parts of the administrative and legal relations - subjects, objects and legal facts. Members of the administrative and legal relations have specific rights and duties and are the subjects of legal relations. Based on provisions of current legislation of Ukraine to the subjects of administrative law relationships include: government agencies (legislative, executive and judiciary, prosecution, administration of state enterprises and institutions), units of state, public officials, the owner (representative , manager, authorized by the owner), associations, cooperatives, government agencies, and amateur organizations, citizens of Ukraine, foreign citizens, stateless persons. A prerequisite for joining these subjects in the specific administrative and legal relations is the presence of their capacity and capability. Administrative capacity - an opportunity to be the subject of administrative legal rights and bear legal responsibilities in the executive. State bodies exercising executive-rozporyadnytsku activities have specific powers, which by their nature and extent depend on the competence of the organ. The administrative capacity of state bodies (officials) depends on the amount of its competence. Also, administrative capacity is defined as an official of his official powers, which are expressed in the law or other legal acts. Administrative capacity with state-owned enterprises and institutions and associations, governments, and amateur organizations and their bodies. The administrative capacity of state bodies, public and private organizations there is usually after the publication of an instrument of their body, and terminated with their liquidation or reorganization. The administrative capacity of citizens in public management occurs at birth and cease with their death. Administrative capacity is the basis of administrative capacity. Administrative capacity - the ability to get through their actions and realize the rights and obligations in the sphere of control. The peculiarity of administrative capacity and capability is what they mean opportunity to be an administrative and legal relations. Object - this is something for which there are relationships. The object of the administrative and legal relationship serving behavior of participants relationship management (action, refraining from action). The actions of participants of administrative relations can be made for various legal interests. This may be the way, wealth, food spiritual creativity, personal intangible benefits, such as: health, human dignity, morality and so on. Thus, if the object relationships are treated participants (for example, transfer of state property from one body to another control or requisition of things), the subject of administrative legal relations are objects of material nature, that property thing. In the management of culture and art, health, youth and sports are the subject of these relations cultural and spiritual values, health, morality, that intangible factors. The grounds of, change or terminate the administrative-law relationships are legal facts. These actions and events. Under the action to understand the facts that arise from the will of the people. They can be both lawful and unlawful. Lawful actions meet the requirements of administrative law. To legitimate actions that give rise to administrative and legal relations are acts of control - decrees and orders of the President, resolutions and regulations of the Cabinet of Ministers and others. Public control most typical legal acts which are individual in nature, since they generate specific administrative and legal relations directly (for example, by the President of Ukraine national deputy minister of education and Science of Ukraine, which directly generates administrative and legal relations between the person appointed to this position, and other employees of the Ministry of education and Science of Ukraine). Administrative and legal relations arising in connection with the actions of individual citizens and officials, for example, in the case of outstanding citizen complaint against the officer. In addition, the legal fact that pulling of the administrative-law relationships can be inaction. Unlawful actions - offense, fault, which cause the application of enforcement measures mayor. Go to the wrongful acts are violations, including administrative and disciplinary, which comes under the responsibility ie administrative responsibility for deviations from the legitimate demands of the prosecutor or the failure to order the state or other authority of employment. Implementation of the offense gives rise to a range of relations resulting from the application of substantive and procedural administrative law. Administrative and legal relations arise not only as a result of human activity, but in case of events. Events - a phenomenon that does not depend on the will of the people, but cause some legal consequences. For example, events include natural disasters (floods, earthquakes, fires, epidemics, epizootics, etc.). Administrative and legal relations are characterized by all accounts, legal relations, but also have some features which are that: 1) administrative and legal relations emerging in the field of management, that is, in everyday practical implementation of tasks and functions of the state to exercise control economic, social and cultural development, administrative and political sphere, other management activities; 2) in every one of the parties necessarily acting executive authority (state control) or a public organization endowed with state and governmental authority; 3) administrative and legal relations - is a special relationship between their members, one of which the circumstances may require from the rest of the treatment, which include administrative law; 4) body control required to implement their substantive and procedural law, that law is both a duty and the subject of administrative and legal relations; 5) administrative and legal relations may be initiated by any subject of administrative law, but then the other party is not a prerequisite for their occurrence; 6) violation of one of the parties of their responsibilities determines its responsibility not to the other party and the state represented by its competent authorities; 7) administrative and legal relations that arise between the executive and other subjects of administrative law is not always a relationship, carried out by the method of power and subordination. These relations can be realized based on both power and subordination, and equality, that each party must fulfill specific requirements of Law. It always takes place the following link: transaction - the obligation - transaction. The presence of mutual rights and responsibilities typical of a wide range of administrative relationships; 8) the sanctions that apply to parties of administrative and legal relations in violation of their rights and responsibilities - is usually a coercive measure, administrative and disciplinary action may occur as financial or criminal liability; 9) disputes that arise between the parties to the administrative and legal relationship shall be resolved as administratively and in court. Most administrative and legal disputes resolved administratively, that is authorized by executive authorities or officials. Constitution of Ukraine, everyone is guaranteed the right to challenge in court the decisions, actions or inaction of state authorities, local government officials. In general, administrative and legal relations are characterized by the two most important features: on one hand - a form of social relations, since they necessarily involved people or their associations, on the other hand - a form of organizational relations, the implementation of which resolved task management. Range management, implemented the executive, multidimensional. Relationship, arising from the management, differ in certain features that are the basis for their classification. Administrative and legal relations are divided into types: depending on the element of legal norms, by supporting the, by nature of action Committed subject, depending on the distribution of rights and obligations between the parties on the nature of relations between the parties. Depending on the element of legal norms (disposition or sanction) administrative relations are divided into regulatory and security. Regulatory relationship - a regulation organizational management relations in the society related to the implementation of positive tasks of executive power.Examples of such relationships can serve as the Cabinet of Ministers of Ukraine dated August 2, 1996 "On creation of a unified state automated passport system" which provided the organizational work connected with the creation of a unified state automated passport system. Organization to develop a system vested in the Ministry of Internal Affairs of Ukraine, and general management - the Interministerial Commission for the Coordination of certification citizens. Security relations governing law enforcement by establishing legal prohibitions apply to offenders and administrative enforcement mayor, for example, the mayor of the administrative termination (delay offenders), the administration and other measures of administrative influence. By supporting the administrative and legal relations are divided into material and procedural. Tangible administrative and legal relations arising on the basis of financial rules. Administrative and procedural relationship - a relationship that made the decision of individual cases in the control and regulated administrative and procedural rules. A typical example is the order of consideration of appeals in the field of management (part II of the Law of Ukraine dated October 2, 1996 "On appeals of citizens" [1]). Administrative and procedural provisions of this Law governing the consideration of proposals (remarks), applications (petitions) and complaints.Administrative and procedural relationships are emerging between government, local governments, institutions and organizations irrespective of ownership, public associations, enterprises, mass media, their managers and other officials and citizens. The nature of action and liabilities of business administrative and legal relations can be active, ie, must be subject to certain actions (citizen, who was executed 16 years, must obtain a passport from receiving a summons to appear in the military), or passive - is obliged entity shall refrain from performing certain actions (of the offense: disciplinary, administrative). Depending on the distribution of rights and obligations between the parties to the administrative and legal relations, they may be both unilateral and bilateral (mutually stipulated rights and obligations of legal entities). By the nature of relations between the parties of administrative and legal relations last fall into vertical and horizontal. Vertical administrative legal relationship - a relationship subordynatsyonnoho character. They occur where one party the other subordinate. This relationship that exists between parent and lower bodies subordinate executive (for example, the relationship Ministry of Education and Science of Ukraine managed the formation of the regional state administration). Vertical administrative and legal relationships exist when one party, endowed with a certain amount of authority, has the right to issue acts to prescriptions that are mandatory for nepidlehloyi side. An example of such a relationship may be the work of special competence (sanitary, veterinary and other inspections). A characteristic feature of vertical relationships is that they most evident primary method of administrative and legal regulations - the method of the power administrative subordination of the participants of legal relations. But administrative and legal relations, as we have noted, is not always the relations that are based on the method of power and subordination. These relationships arise and act on the basis of how power and subordination, and equality. In the administrative and legal relations, as a rule, the rights of some subjects meet the obligation to others and, conversely, some obligation to the rights of others. Horizontal administrative and legal relations arising between nepidlehlymy government, enterprises, institutions, organizations, officials, citizens. In other words, this relationship, the participants are not subordinate to each other (for example, that relations between the executive and the citizen in connection with the pension, the consideration of applications, complaints, etc.). Protection of the administrative and legal relations are in administrative and judicial procedure. Disputes dealt with and resolved in most cases by the administration, that the order directly authorized body of executive power out of court, the boundaries of administrative jurisdiction. Judicial protection of administrative law (and other) relations guaranteed by the Constitution and other laws of Ukraine, and the rights and freedom of man and citizen are protected by a court challenge in court the decisions, actions or inaction of state authorities, local government officials. 55. Inheritance by law and by will Inheritance - a set of civil rules that establish the order of transfer of rights and obligations of a deceased person for the right of inheritance. The owner, after his death left property is called the testator. The persons to whom the property passes after the death of its owner, called heirs. Assets that remain after the death of its owner is called a hereditary estate, or inheritance. It should be noted that heritage consists of rights and obligations of the testator, that is the legacy also includes his debts (outstanding obligations, unpaid loans, etc.), if it were a day of death. The heir is entitled to receive such an inheritance or abandon it. Heritage opens only after the death of individuals (natural persons). After the liquidation of legal entities of inheritance does not happen. Therefore, the testator may be only citizens and heirs may be both physical and legal entities. Inheritance between living does not happen. Sometimes the opening of Heritage recognized the day of death of the testator, and declare him dead shall come into force after a court decision (Article 525 Civil Code of Ukraine). The place of discovery Heritage recognized last domicile of the testator, and if it is unknown - location of property or the main part. By civil law established two bases of inheritance, in law and covenant. Possible simultaneous inheritance and bequest, and by law (for example, part of property the testator reserve and the other part is inherited by law). Inheritance under the law takes place in cases where: No covenant; will declared invalid; heirs designated in his will, died before the opening of Heritage or refused to accept it. Sometimes the opening day of the death of heritage recognized heir, the day when the judgment comes into force to declare a person dead. Testator as by law and by will be only citizens, not legal entities. Heirs can be citizens, legal persons and state. Subjective right to the inheritance of the heirs occurs in case of death of the testator or his recognition of the established order of the dead. Nationals as heirs are persons who were alive at the time of death of the testator and the deceased children, conceived during his lifetime and born after his death. Citizens and the state may be as heirs under a will, or the law. Legal entities can only be heirs under a will. Heirs may also be foreign citizens and stateless persons. If no heirs either by law or by will, or none of the heirs did not accept the inheritance, or all heirs deprived testator heritage property of the deceased under the law of succession goes to the state. Civil law sets strict limits on heirs. In particular, removed from the heritage of a person who: intentionally deprived of life of the testator or someone-not any of the heirs or did attempt on their lives; parents after the children for which they are deprived of parental rights have not been updated in these rights at the time of opening of inheritance; parents and adult children who allegedly evaded carry out their duties according to law with the maintenance of the testator, if the circumstances proved in court. legislation provides for two types of inheritance: 1) inheritance under the law, 2) inheritance of the congregation. If the deceased person's death was made the will, and it is true, then the inheritance of the congregation. Inheritance by law occurs when the testator did not leave wills. Consider first the succession in case of intestacy, that inheritance by law.Inheritance by law is in order of priority. There are five queues successors according to law, and each subsequent line of heirs called to the inheritance (in other words inherits) in the absence of the heirs of the previous turn, stripping them of inheritance, not accepting the inheritance, or refuse its approval. First of all right of inheritance under the law are children of the testator, the spouse who survived his parents. The second line of heirs: brothers and sisters of the testator, his grandmother and grandfather both the father and mother's side. The third stage - uncle and aunt of the testator. In the fourth line - those who lived with the testator one family at least five years before its opening possession. Fifth stage - the other relatives of the testator to the sixth degree of kinship inclusive, and persons who were dependent on the testator. 56. President of Ukraine is the Head of State and acts on its behalf. He is the guarantor of state sovereignty and territorial integrity of Ukraine, the observance of the Constitution of Ukraine, rights and freedoms of citizens. Newly elected President of Ukraine assumes office no later than thirty days after the official announcement of election results, taking the oath to the people at a ceremonial session of the Verkhovna Rada of Ukraine. Powers of the President of Ukraine: - Ensure the independence, national security and state succession; - Addresses to the people and with annual and special messages to the Verkhovna Rada of Ukraine on the domestic and foreign situation of Ukraine; - Makes decisions on the recognition of foreign states; - Designates special elections to the Verkhovna Rada of Ukraine within the terms established by the Constitution; - Terminate the authority of the Verkhovna Rada of Ukraine, if within 30 days of a regular session the plenary meetings fail to commence; - Appoint, with the consent of the Verkhovna Rada of Ukraine, Prime Minister of Ukraine; - Terminate the authority of the Prime Minister of Ukraine takes decision on his resignation, and others. President of Ukraine enjoys the right of immunity during the mandate. He headed the National Security and Defense Council of Ukraine, which is the coordinating body on issues of security and defense in Ukraine. President of Ukraine exercises his powers to join the newly elected President of Ukraine, but the Constitution of Ukraine stipulates that the powers of the President of Ukraine terminated if his resignation, inability to perform their duties for health reasons, removal from office by impeachment and death. When the President of Ukraine operates the Presidential Administration, which is a subsidiary body, consisting of qualified scientific advisors, politicians, lawyers, economists. Their goal is to provide informed advice to the President of Ukraine for making decisions, prepare preliminary draft documents, conduct peer reviews of the data on socio-economic condition of society, analyze and make recommendations for the most effective solutions to existing problems. In its stock set up a consultative advisory structure: Social and Economic Council, Commission on political and legal, foreign policy issues and so on. The main objectives of the Presidential Administration of Ukraine are: organizational, legal, advisory, information and analytical support of the President of Ukraine on the exercise of his powers as guarantor of state sovereignty and territorial integrity of Ukraine, the observance of the Constitution of Ukraine, rights and freedoms and citizens of other constitutional powers as president promotion the President of Ukraine to ensure consistent operation and interaction of the Cabinet of Ministers of Ukraine, central and local executive bodies, and in meeting staffing and other matters referred to the office of President of Ukraine, ensuring interaction with the President of Ukraine Verkhovna Rada of Ukraine, other state authorities, local governments and associations of citizens, organization of training and revision of decrees and orders of the President of Ukraine and draft laws submitted by the President of Ukraine to the Verkhovna Rada of Ukraine in order to initiate legislation, the examination of laws passed by the Verkhovna Rada of Ukraine for signature their publication and others. 57. Legal fact - noted in the hypothesis rule of law specific circumstances, which is the basis of, change or terminate relationships. Legal facts are the so-called legal prerequisites of relationships (the rule of law, legal, legal fact). Types of legal facts:  By the nature of consequences: pravoobrazuyuschye, pravoyzmenyayuschye, pravoprypyneni;  By willed attribute: events, actions (inaction). The event does not depend on the will of legal entities (such as the death of the insured property from fire or flood). Actions (inaction) - is an external expression of the will and consciousness of people (for example, of deed of gift). Actions are divided into lawful (permitted) and illegal (forbidden). Among the legitimate actions are distinguished: legal actions, ie actions taken without a goal to generate certain legal consequences (such as finding lost things someone else's) and - legal acts, ie actions taken to generate the appropriate legal consequences (for example, conclude an agreement, the court verdict) . Synonym for "unlawful actions (inaction)" is "offense" (criminal, administrative, etc.).  By the nature of time: Reported single action (such as loan repayment), the fact-state (eg state of kinship kinsman, the labor contract in marriage, disability, etc.) - is evidence of continuous legal actions that cause a lot of relationships. 58. Judicial system of Ukraine Judicial power represented by independent courts, on behalf of the State in the manner prescribed by law, administer justice, endowed with the power of whose task is to protect the Constitution of Ukraine and laws of human rights and citizen rights and legitimate interests of legal persons, public interest and the state (Article 2 of the Law "On Judicial System of Ukraine"). The judicial system of Ukraine is the set of all state courts, based on common principles of organization and activity, exercising judicial power. The judicial system of Ukraine are courts of general jurisdiction and the Constitutional Court of Ukraine, which is the sole body of constitutional jurisdiction. Courts of general jurisdiction form a unified system of courts, which consists of general and special courts. Characteristic features of the judicial system of Ukraine is its adaptability to the administrative-territorial structure, different levels of the proceedings, stability and unity. The unity of the judicial system due to the tasks and organization and operation of the judiciary, the only principles of justice for all parts of the judiciary, independence of judges in the administration of justice, bound by all the judges of the rules of justice by law, the Supreme Court of Ukraine ensure uniform application of laws by courts of general jurisdiction , bound performance throughout Ukraine judgments, court financing exclusively from the State Budget of Ukraine and the solution of the internal operation of the courts by judicial authorities. According to Art. 125 of the Constitution of Ukraine and Part 2 of Art. 18 of the Law "On Judicial System of Ukraine" to the courts of general jurisdiction include: local courts, courts of appeal, the Appellate Court of Ukraine, the Cassation Court of Ukraine, high specialized courts, the Supreme Court of Ukraine. As the Court of Cassation of Ukraine, by the Constitutional Court of Ukraine of December 11, 2003 Law "On Judicial System of Ukraine" regarding the formation of the court declared that the Constitution of Ukraine (unconstitutional). According to the administrative-territorial structure judicial system of Ukraine is divided into links. The term "link of the judicial system" is concerned with the competence of each individual court. Courts belonging to a certain level of the judiciary, have the same substantive jurisdiction, the same functions and are usually located within the territorial units, equivalent to each other by administrative division. The judicial system of general courts consists of three parts: 1) local courts area in the district, city, garrison military courts; 2) appellate courts of the Autonomous Republic of Crimea, Kyiv and Sevastopol, military appellate courts of regions and Naval Forces, the Appellate Court of Ukraine; 3) The Supreme Court of Ukraine. Economic and administrative courts are specialized courts of general jurisdiction.Commercial court system consists of four parts: 1) local commercial courts; 2) appellate commercial courts; 3) The Supreme Economic Court; 4) The Supreme Court of Ukraine (Chamber on administrative cases). The task of economic courts are: - Protection of rights and lawful interests of the participants of economic relations; - To promote the rule of law in the field of economic relations; - Proposals to improve the legal regulation of economic activity. Commercial courts promote the rule of law and combating crime in the economic sphere. To this end, constantly refer to the individual decisions business leaders, institutions and organizations, of which revealed deficiencies and notification to prosecutors and internal affairs. Each year, nearly 50% increased number of applications entities to protect their rights and interests. Activity of economic courts based on the principles: - Rule of law; - Independence, including from the legislative and executive authority, and obedience to the law only; - Equality of all participants before the law and economic justice; - Publicity and public proceedings, unless it is contrary to the interests of state and commercial secrets or if reasonable objection of a party; - Obligation of making decisions and resolutions of the Economic Court; - Adversarial and freedom to provide their Commercial Court and in his evidence before the court proof of their credibility; - Complete record of the judicial process by technical means in the manner prescribed by law; - Provision of appeal and cassation appeal against the decisions of the Economic Court, except when required by law. Commercial courts are legal entities with independent estimates, current, and if necessary - and other bank accounts, seal with the State Emblem of Ukraine and its name. Employees of commercial courts are civil servants, which extended the Law of Ukraine "On Civil Service". Financing of commercial courts exercise by the State Budget of Ukraine. Appropriations for the maintenance of commercial courts approve the Verkhovna Rada of Ukraine on the submission of the President of the Supreme Economic Court of Ukraine. Turning to the characteristics of the judicial system, it should be noted that the activities of units of the judicial system determine those functions are performed by the court depending on the stage of the proceedings, ie in which instance consider the case. Thus, the judicial authority - this stage of the trial with a certain competence. Cases in the courts consider in the first instance, second instance - and the third appellate court - cassation. Cases can also be viewed in extraordinary proceedings. Local court considers the court of first instance civil, commercial, administrative, criminal and other proceedings in certain cases, except cases referred by law the jurisdiction of other courts. In certain cases the local court shall consider cases on administrative offenses. Appellate courts act as courts of appeal against decisions of local courts as courts of first instance in administrative, criminal and civil cases assigned to their jurisdiction by law. To ensure the right to appeal judicial decisions taken by appellate courts in the first instance, according to the Law of Ukraine "On Judicial System of Ukraine" (p. 26) established the Court of Appeal of Ukraine. Appeal - is the main way to view court decisions in civil, criminal and commercial matters, enshrined in the legislation of most countries. Institute for appeal has long been known in Ukraine, in particular in some detail settled in "law, which is suing Little People" (1743), where an appeal is defined as "correct recall and transfer to a lower court to higher business parties that are judged as any one of them considered themselves offended judgment rendered in its case in the lower court. " As a versatile way to appeal court decisions that have not entered into force, the appeal became the law on civil procedure in the Charter of the Russian Empire (1864) and for some time applied in the judicial system of Ukraine after the declaration of independence in 1917. Later, during the Soviet period, the institution appeals ceased to exist, but instead entered institute appeal that the content differed significantly from the same Institute of European and international procedural law. As a result of the so-called small judicial reform appeal taken its rightful place in the procedural codes of the country. "Local courts as courts of first instance settle out 90 percent of civil and criminal cases. Appellate courts will consider the appeal of these 90 per cent of decisions and cases in which the parties disagree with the decision of the appeal, addressing to the Court of Cassation." The Supreme Court of Ukraine within its authority considers in cassation decisions of courts of general jurisdiction in reviewing the order of repeated cassation all other cases, the courts of general jurisdiction in the court of review, and cases involving exceptional circumstances in accordance with the procedural law, and also perform other functions within its competence by the Constitution and laws of Ukraine. Courts of first level is the only courts of first instance. They can act either as a cassation or as an appellate court. Form an independent review of the court, which entered into force, is a view in relation to new and extraordinary in extraordinary proceedings. Such a procedure is established in criminal and civil proceedings and in resolving commercial disputes. Courts of general jurisdiction forms and eliminate the President of Ukraine according to the Law "On Judicial System of Ukraine" submitted by the Minister of Justice of Ukraine in coordination with the Chairman of the Supreme Court of Ukraine or the head of the corresponding higher specialized court. Reasons for the creation or elimination is to change the administrative-territorial structure, movement of troops or reorganization of the Armed Forces of Ukraine. All courts of Ukraine are legal persons, have the seal of the State Emblem of Ukraine and its name. 59. Labor discipline appears essential for proper organization of any collective work and is a combination not only of certain rules of conduct of employees, but also issues related to follow established procedures, methods of its provision. Labor discipline characterized by the following factors: an honest and hard work, timely and accurate execution of orders of the owner (authorized body), increase productivity, improve product quality, implementation of technological discipline, observance of safety, compliance with safety and occupational health, maintaining and strengthening ownership of enterprises, institutions and organizations. Labor discipline is based on the awareness of employees to work, provided that the methods of persuasion, encouragement, and sometimes coercion. The main point is, of course, persuasion, aimed at raising the appropriate skills of employees, as well as a method of promotion, that is moral and material incentives. Encourage the employee is a recognition of professionalism and his expression of respect for the owner. Therefore, this method is used in case of achievement of high employment indicators, quality improvement, creative approach to work.

60. Right of modern civil society can not be overlooked children deprived of parental care. The maintenance and upbringing of orphans and children deprived of parental care is entrusted to state - enshrined in Art. 52 of the Constitution of Ukraine. To help these children to an extensive system of public child care centers, where they are kept at full public expense at the age of three years of age. The main institutions whose activities are associated with raising children, include: a) homes for preschool children; b) homes for children of school age; c) mixed type homes for children of preschool and school age; d) boarding schools for orphans and children left without parental care (may be with nursing units). However, great care in placing children who were left without parents, providing state individuals, who request to take children to his family in order to replace their missing parents, putting them in a situation of their children. It is this form of education and care for orphans and children left without parental care are foster families, family-type homes that where these conditions can be created decision of the local state authorities. The purpose of foster care homes are further strengthening state aid to orphans and children left without parental care, ensuring the fullest combination of public, collective and family-based care. Special position of importance in family law shall institute adoption. He knew in detail and regulate more ancient, and partly also Roman law. Recognized this institution and in pre-revolutionary Russia, and in 1926 he was enshrined in the Soviet law was quite common in the future. Now the Institute of adoption as a priority form of family upbringing children left without parental care, known all legal systems. Naturally, it is reflected in the Family Code of Ukraine (Article century. 207-242). The main idea and defining institution of adoption is taking care of children who lost parents or for whatever reason lack parental care, create for them an environment that is characteristic of the family (care of child development, education, communication with adults, maintenance etc.). Thus the adoptee changing family environment, as legislation oriented to so-called "full" adoption.Based on the court terminated the legal relationship between the adopted and his family of origin and at the same time there is a relationship between adopted, the adopter and his family of origin. This fact is both a causal and a law-law form. According to Art. 207 SC Ukraine adoption is the adoption of an adoptive parent in his family for the rights of a person's daughter or son, is based on a court decision. Adoption of a child held in her best interests to ensure a stable and harmonious conditions of life. This provision emphasizes that the interests of children at the Institute of adoption is the primary purpose for which it is introduced. While this is certainly not a right to talk about the lack of interest adopter or opposing interests of the child interests adopter. When adoption is always ensured unity of interests of those adopted by, the interests of those adopted by. Subjects relations adoption is adoption and adopted. The adoption of a child in an adoptive family is based on the judgment. This requirement of law applies to relations: a) adoption in Ukraine citizens of Ukraine of a child as a citizen of Ukraine; b) Adoption of a foreigner in Ukraine of a child who is a citizen of Ukraine; c) adoption of a child who is a foreigner residing in Ukraine, citizens of Ukraine or foreigners living in Ukraine. Adopting a child citizen of Ukraine who is a citizen of Ukraine residing outside of our state is in the consular post or diplomatic mission of Ukraine. If the adoptive parent is a citizen of Ukraine to adopt a child who is a citizen of Ukraine, requires permission from the Center. Adoption of an alien child who is a citizen of Ukraine, carried out in the relevant organs of state in which the child lives is valid upon prior receipt of approval of the Center (Article 282 Family Code of Ukraine). The law does not limit the number of children who may be adopted by an adopter.Unidentified any legal restrictions adoptions based on race, nationality or religion. Attaching great importance, first of all, family upbringing, recently the government strongly promotes the adoption, by setting strict enforcement of its order: the criteria of age between adoptive parents and adopted, the inadmissibility of mediation, commercial activity concerning adoption of children, requirements for monitoring the state of maintenance and education of children adopted by foreign citizens, the possibility of application to the Adoption of such sanctions, deprivation of parental rights and others.

61. Sources of law

Sources of law means the origin from which rules of human conduct come into existence and derive legal force or binding characters. It also refers to the sovereign or the state from which the law derives its force or validity. Also it is the way in which fixed (find external expression) the law.

Several factors of law have contributed to the development of law. These factors are regarded as the sources of law.

1 Precedents

2 Customs

3 Legislation

4 Statutory interpretation

5 Preparatory works

62. The hereditary succession.

If to death the died person had been constituted the will, and it is valid, there is an inheritance but to the will. Hereditary succession occurs when the estate-leaver has not left the will.

Let's consider in the beginning inheritance in case of intestacy, тоесть hereditary succession

Hereditary succession is carried out by way of sequence. It is provided five turns of successors under the law, and each subsequent turn of successors is called for inheritance (easier speaking inherits) in case of absence of successors of the previous turn, their discharge from inheritance, nonacceptance of the inheritance by them or refusal of its acceptance.

First of all children of the estate-leaver, that from spouses which has gone through it, parents have the right to hereditary succession.

In the second turn successors: native brothers and sisters of the estate-leaver, its grandmother and the grandfather both from the father, and from mother.

The Third turn - native the uncle and the aunt of the estate-leaver.

In the fourth turn - persons who lived with the estate-leaver one family not less than five years till the moment of opening of inheritance.

The Fifth turn are other relatives of the estate-leaver up to the sixth degree of kindred inclusive, also the persons at the estate-leaver.

63. The form and the types of the state territorial system.

The form of government - is the administrative-territorial structure of the state and national, which reveals the nature of the relationship between its constituent parts, between central and local government authorities. As a "territorial unit or territorial organization, the state - a system of relations between central government and territorial components, more precisely, their communities and acting there by public authorities."

In the category of "form of government" is the expression and structure of the territorial division of the state, securing him a certain area, it is the administrative-territorial division of the state, which defines the relationship between it and its individual parts. The form of government - national, administrative and territorial structure of the state, which reveals the nature of the relationship between its constituent parts, between the central and local governments and public authorities. The organization of the state from the perspective of the distribution of state power and state sovereignty in the center and on the ground, their division between the constituent parts of the state.

The state form is shown:

- What parts is the internal structure of the state;

- What is the legal position of these parts and what are the relations of their organs;

- How to build relationships between central and local government agencies;

- In what state are expressed in the form of the interests of each nation living on its territory.

Thus, the form of government - a national and administrative-territorial structure of the state, which reveals the nature of relations between its constituent parts, between central and local governments, government.

There are domestic and inter-state device. The domestic unit is divided into unitary and federal state. Interstate device is represented by different kinds of confederation: alliance community fellowship.