It is noted that the theory of legal relations appears in the form of a wide and diverse array of knowledge and ideas, of course, it can be accepted as the main source that feeds the very process of further development and improvement of their essence, definition and composition. It is emphasized that two categories of social relations were distinguished in the general theory of law and branch sciences: “organized” and “organizational” social relations. The first always arise to achieve certain goals, the second to normalize the processes “being organized”. Procedural legal relations take the place of the initial, determining element in the composition of procedural proceedings. In turn, procedural proceedings are defined as the main element of the legal process, which is a systemic formation, a complex of interrelated and mutually conditioned procedural actions. Procedural legal relations, which justify the dynamics of material legal relations, in turn, are derived from the latter, have a subordinate, official character in relation to them, perform the role of a kind of procedural “superstructure” over the material-legal “base”. The peculiarities of the subjects of procedural legal relations can be seen in the following. First of all, procedural legal relations are characterized by the diversity and multiplicity of the composition of subjects, which are divided into, on the one hand, a group directly interested in the results of the legal process, that is, those whose interests are protected, the realization of subjective rights or powers, the fulfillment of legal obligations the whole arsenal of procedural methods, means and techniques helps to avoid or endure legal responsibility, and on the other hand, a group of leading subjects who perform their functions in “other people’s” interests, for the purposes of the case under consideration. Procedural powers in their “pure” form cannot be classified as either procedural rights or procedural duties. According to its purpose, it is, in a certain sense, a product of the synthesis of rights and obligations. First of all, this is a component of the competence of the relevant state body or official. Possessing procedural powers, they are not only procedurally authorized, but also obliged to perform actions provided for by the procedural law. The legally binding nature of powers is expressed in certain limits of their rights in relation to other persons and bodies and at the same time entrusting them with the obligation to use the rights granted to them to achieve their goals. It is necessary to take into account the combination of procedural rights and obligations within the limits of procedural powers, their various compositions in specific legal relations, taking into account the dynamism and multi-subjectivity of the latter.
Purpose. Defining legal means of protection of public relations in the field of amber mining in Ukraine, providing scientific and practical interpretation of protection legislation in this area and scientifically sound recommendations for its improvement. Methodology. The methodological basis of the study is a system of general and special methods of cognition: the dialectical method was used to learn the essence of such a phenomenon as the protection of public relations in the field of amber mining in Ukraine; the system-structural method in the analysis of forms of socially dangerous acts of crimes under Art. Art. 240, 240-1 of the Criminal Code of Ukraine; the logical-dogmatic method when interpreting certain terms used in the sciences of geology, administrative and criminal law, contained in the provisions of current legislation, as well as in formulating definitions of legal concepts and developing recommendations for improving legal norms; the comparative law method in the study on the ratio of socially dangerous acts under Art. Art. 201-1, 240, 240-1, 305 of the Criminal Code of Ukraine; general methods (analysis, synthesis, induction, deduction, abstraction, generalization) in the study on scientific and regulatory sources. Findings. As a result of the study, the inconsistency of certain norms of criminal, administrative and customs legislation was established, which form the components of offenses in the field of illegal amber mining in Ukraine and establish the types and extent of responsibility for their commission, in particular: competition of certain norms, their inefficiency, disproportionate severity violation of the degree of their social danger. The scientific and practical interpretation is given of the forms of socially dangerous act provided by Art. 240-1 of the Criminal Code of Ukraine, a comparative analysis is conducted of criminal, administrative and customs offenses in this area and proposals are provided to improve criminal, administrative and customs legislation, the rules of which protect public relations in the field of amber mining in Ukraine. Originality. It is proposed: 1) to supplement the Criminal Code of Ukraine, Art. 240-2, which provides for criminal liability for amber smuggling; 2) to supplement Chapter 68 of the Customs Code of Ukraine with Article 483-1, which provides for administrative liability for smuggling of amber in small amounts; 3) to supplement the Code of Ukraine on Administrative Offenses with Article 58-2, which provides for administrative liability for illegal extraction of amber, its sale, purchase, storage, transfer, shipment, transportation, processing in small amounts. Practical value. Proposals to improve the current criminal, administrative and customs legislation are aimed at improving the effectiveness of law enforcement agencies against illegal amber mining in Ukraine.
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