Кафедра державно-правових дисциплін
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Документ Public morality as an object of national security of ukraine: theoretical and legal aspect(Національний університет "Одеська юридична академія", 2020) Horielova, V.; Горєлова, Вероніка ЮріївнаThe article examines the expediency of introducing spiritual and moral and ethical values as an object of protection by the National Security Service of Ukraine in accordance with the draft Law on Amendments to the Law of Ukraine “On the Security Service of Ukraine” to improve organizational and legal principles. activities of the Security Service of Ukraine. It is established that as an object of national security, public morality can be interpreted in a narrow and broad sense. In a broad sense, such an object of public morality can be interpreted as a system of state values, such as sovereignty, language, territorial integrity, health, honour, dignity, inviolability of the person and so on. In the narrow sense, the object of social morality is the spiritual state of each individual, because a person according to the Basic Law of Ukraine is the highest value. It is clear that public morality cannot be “programmed” even by interpreting the practice of past world experience, and thus moral values are more appropriate to lay in the legal field to be protected. In our opinion, public morality as an object of protection by the security service of Ukraine should include in its structure values and ideas related to the life of society, as well as requirements and practices corresponding to these values. The current legislation of Ukraine, which is designed to protect human rights and freedoms, unfortunately, does not contain an interpretation of the concept of “morality” and “public morality”. Even though everyone can understand good and evil, useful and harmful, he is also subject to his own ideas of good and bad. Under the law, a basic amount of responsibilities is created, the standard of moral behaviour necessary for the proper functioning of society. Thus, although the law cannot express the will of everyone and cannot correspond to the moral idea of justice of everyone, it is in democratic, legal states that the law creates a personal space of man, in which he harmoniously coexists with his own considerations of morality. Morality as a specific object of the national security service of Ukraine should form a kind of code of appropriate and positive for society, regulate behaviour, have a special spiritual dimension and perform in society several socially significant functions that will promote harmonization of person and society. Although the law cannot express the will of everyone and cannot correspond to the moral notion of justice of everyone, it is in democratic, legal states that the law creates a person’s personal space in which he harmoniously coexists with his own considerations of morality. Morality as a specific object of the national security service of Ukraine should form a kind of code of appropriate and positive for society, regulate behaviour, have a special spiritual dimension and perform in society a number of socially significant functions that will promote harmonization of person and society. Although the law cannot express the will of everyone and cannot correspond to the moral notion of justice of everyone, it is in democratic, legal states that the law creates a person’s personal space in which he harmoniously coexists with his own considerations of morality. Morality as a specific object of the national security service of Ukraine should form a kind of code of appropriate and positive for society, regulate behaviour, have a special spiritual dimension and perform in society a number of socially significant functions that will promote harmonization of person and societyДокумент Conceptual trends of modern morality in legal society(Науково-дослідний інститут приватного права і підприємництва ім. академіка Ф. Г. Бурчака, 2020) Horielova, V.; Горєлова, Вероніка ЮріївнаThe article is devoted to the analysis of the current state of morality in the legal society. Observing the transformation of the content of morality, which is a special state in the mobile process of social development and is progressing at the turn of political and socio-economic transformations. We can say that the transformation of morality in law is a transformation of public opinion of different meaning and direction, which due to internal or external factors or a combination of them are reproduced in the rules of law. The transformation of morality occurs at certain stages of development of society, and especially at those points in time when people are very sensitive to any external changes. In such periods, the general morality of society may be on a new countdown and lead to changes in directions to its further evolutionary path. Such a transformation of morality cannot exist outside the law and not affect its content. The article examines current trends in the transformation of morality in a legal society, which give rise to new theoretical constructions and approaches in relations in society, and thus encourage the modernization of legal tablets. The article analyzes the materials of statistical research on the views on the morals of the younger generation and the elderly. The tendency of gradual degradation of moral foundations is traced. The article states that certain provisions of the Law of Ukraine “On Protection of Public Morality” are unconstitutional, although they coincide with the requirements of the European Convention for the Protection of Human Rights and Fundamental Freedoms. It is emphasized that the Law of Ukraine “On Protection of Public Morality” does not fulfil its function, because it lacks many necessary factors that need attention, and its provisions should not be perceived as a restriction of freedom of expression for man, as freedom of legal the state is possible only within the framework of observance of the law and norms of morality. The article emphasizes that the content of the category “rule of law” implies the filling of legal norms with several moral principles and principles, because otherwise, the state can not be called legal. The article substantiates and proposes the category of “stabilizing function of morality” as a new moral and legal category, which is to maintain the stability of basic principles and rules of human life within the state through public resources, social, humanitarian, educational, propaganda and other methods of influenceДокумент Detective Secret Service in Informative Spase: Morally Legal Limits(Університет «КРОК», 2017) Horielova, V.; Горєлова, Вероніка ЮріївнаThe article is devoted the analysis of limits moral and legal during realization of informative secret service by private detectives at the opened sourcesДокумент The ethics and morality of a private detective in the field of the legal requirements of the modern universe(Університет «КРОК», 2019) Horielova, V.; Горєлова, Вероніка ЮріївнаThe article is devoted to the analysis of peremptory provisions of ethical behavior and moral charters of private detectives from different countries of the world. A number of moral prescriptions that are characteristic of the institution of private detective activity and their char-acteristic features are analyzed. The article also explores the phenomenon of “increased level” of moral qualities of a private detective. It is noted that almost all the ethical codes of private detectives of the world actually emphasize the need for moral and ethical improvement of the profession of a private detective; collected and arranged the basic requirements that are set be-fore the detectives of modern times. It has been revealed that in almost all international codes of ethics of private detectives, one of the main moral postulates is the rejection of “one’s personal” in favor of a “common public” interest, which is seen by society as quite understandable and ac-cepted, because the activities of a private detective in one way or another affect the rights and the legitimate interests of the person, and the fulfi llment of the legitimate orders of the client requires an increased sense of duty for their decisions and actions that must comply with the principles and standards of morality, protection of the authority of private detective work in general. The article focuses on the category of “good faith” of a private detective, which is very important for any commercial organizations, because private detective activity is the same commercial struc-ture (company), whose work is aimed at making a profi t. It has been revealed that in the modern economically developed world, when considering conducting any business and making profi t, the emphasis is on moral and ethical levers, and especially attention is paid to monitoring the moral level of their subordinates who provide services to customers, because it depends on the moral issue image of any company, and hence its future. It is proved that private detective activity should also be based on moral and ethical grounds, because the fulfi llment of legitimate customer orders requires an increased sense of duty for their decisions and actions that must comply with moral principles and standards, protecting the authority of private detective activity in general; it is mo-rality that should act as such a regulator, with the help of which a private detective, as a person, should navigate the world of social values, constantly improving personal qualities, which is only possible if the private detective himself realizes his duty to society and the imperative of morality becomes for him, not a compulsory duty, but a matter of honor.Документ Ethical and legal principles of professional activity of a private detective on the internet(Університет «КРОК», 2020) Horielova, V.; Горєлова, Вероніка ЮріївнаThe article is devoted to the analysis of such phenomenon as information ethics of a private detective on the Internet. Problems encountered in violation of professional ethics by a private detective in the Internet fi eld have been identifi ed. The article emphasizes that information ethics of a private detective on the Internet is one of the least elaborated issues, and even in the drafts of the special law of Ukraine no article covers the issues of the ethics of a private detective or would be of a different nature to another legal document, that would defi ne the ethical standards of private detective activity. Identifi ed issues related to the issue of morality in the work of a private detective on the Internet and analyzed foreign documents whose provisions relate to morality on the Internet. The article analyzes the two categories as “personal morality” and “professional morality” of a private detective in the Internet fi eld of communication, which makes it possible to argue that the professional morality of a private detective is a combination of personal and public morality, which allows reaching a certain level of (moral) professionalism. The article focuses on fundamentally important ways of solving this problem by not only proclaiming, but also laying down the principles of the moral principles about the work of a private investigator on the Internet and the mandatory control over their observance. It is stated that the basis of these moral prescriptions should be the Moral Code of the private detective, which must necessarily be fully consistent with the existing international principles of detective activity. In the process of investigating this problem, it was concluded that the need for the development of moral postulates and the introduction of moral prescriptions in the work of a private detective on the Internet. Also, the article offers a list of requirements for moral (ethical) behavior towards a private detective on the Internet.