Abstract. The article, based on analysis of scientific works and legislation of different countries, singles out problematic issues of legal regulation of relations connected with the reception of gifts by public servants. It is substantiated that in modern conditions a gift, unfortunately, can be used not only as a manifestation of respect and gratitude but also an unreasonable enrichment of public servant and unlawful influence on him, his official activity. Fragmentation, contradiction in the content of the "gift" legislation, its saturation with its evaluative and generalizing provisions predetermines the existence of "grey" zones in the legal basis of the use of a gift resource for public servants. Analysing existing prohibitive, restrictive, permissive models of "gift relations in the public service", the expediency of introducing an absolute prohibition on gifts for public servants is justified. It is proposed to provide exceptions for "ordinary" gifts, "official" gifts, and gifts on the occasion of special personal events, with the definition of limits of allowed behaviour. The mandatory declaration of all gifts received by a public servant, indicating its sources, seems expedient. The normative definition of a "gift" is proposed to be fixed in a special anticorruption legislative act, focusing on its disinterested symbolic, non-systematic nature, the legitimacy of acts of the servant as the basis for the gift, and the absence of any arrangements for its provision between the public servant and the "donor of a gift. " As a result, it eliminates its mistaken association with unlawful benefits, public servant's labour compensation, incentive, and indemnity payments. Taking into account the specifics of "official" ("business") gifts, detailed regulation of rules of conduct with them is proposed, including the possibility of their redemption, with the priority of realization and protection of public interest. The necessity of unification of legal principles of regulation of "gift relations in the public service" and coordination of provisions of anti-corruption (in the part of special prohibitions and declaration as a means of preventing conflicts of interest in the public service), tax (in terms of declaration of incomes and determination of the legality of their sources), and tort (liability for breach of established regulations) legislation is grounded. It is considered appropriate to form uniform legal standards for the implementation of "gift policy in the public service. "
The article covers the topical problem of constitutionalization of digital human rights in the conditions of digital transformation.The study analyzes doctrinal approaches to the definition of digital human rights as a legal category, the monitoring of the positive internationalexperience of constitutionalization of digital rights, which can be borrowed in the process of the constitutional reform inUkraine.In the study, based on the analysis of normative experience of foreign countries, the author proposes to identify two ways ofdomestic regulation of digital rights: first, it is the constitutionalization of digital rights, with changing the text of the constitution toregulate digital rights at the highest constitutional level, and second, it is the digitization of constitutional rights, when the rightsenshrined in the constitution become updated on the basis of constitutional decisions, the case-law of the European Court of HumanRights or in the relevant legislation.It is proposed to distinguish “digital rights”, including the right to access to electronic devices and telecommunications networks(Internet), the right to protection of personal data, the right to information self-identification, the right to anonymity, the right to be forgotten,the right to free transfer and dissemination of information, etc. However, it should be taken into consideration that in the processof reforming and carrying out constitutional and legal modernization, it is necessary to take into account the possibility and necessityof the realization of fundamental human rights, which are already defined in the Constitution of Ukraine, but are being implemented inthe conditions of digitalization.It is emphasized that in the process of development of the constitutional law of Ukraine the potential of digital transformation isnot realized in full today, and perspective tendencies have such priorities as the development of network forms of interaction, communicativetechnologies of control and planning, formation of qualitatively updated model of digital rights development. Also, in order toincrease the effectiveness of the implementation of digital rights, it is necessary to use the legal reception from countries where constitutionaland legal modernization has already taken place taking into account the digital transformation and has a positive experience ofregulation, including at the highest constitutional level. It should be borne in mind that in addition to ensuring and implementing digitalhuman rights, it is necessary to develop a concept of digital duties and responsibilities for the violation of these rights in order to preventnegative risks and abuse.
У статті здійснюється дослідження механізму рецепції та кросконституційного впливу європейських стандартів у процесі становлення конституціоналізму в Україні. Дослідження ґрунтується на конкретних прикладах механізму рецепції в практику державотворення, на підставі яких доведено, що рецепція є, з одного боку, феноменом, а з іншого-складним системноструктурним процесом, механізм якого вимагає виваженого підходу й узгодженої взаємодії відповідних суб'єктів конституційно-правових відносин, а також він може справляти вплив на функціонування інших галузей права.
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