Journal №3 (31) vol. 2 / 2020|KELM

LIST OF FILES

THE BARMAS FROM KYIVAN RUS IN UKRAINIAN AND FOREIGN COLLECTIONS: MANUFACTURING TECHNIQUES, ARTISTIC FEATURES

Oleksandra Barbalat

Ph.D. Student, Teacher of Modern Jewelry Art at the Department of Fine Arts Institute of Arts
Borys Grinchenko Kyiv University (Kyiv, Ukraine)

ORCID ID: 0000-0001-8682-9247

Anotation. The study is devoted to the art history of Kyiv’s breastplate ceremonial ornaments – barmas, as artistic artefacts that allow a better understanding of the intersections of the artistic culture of individual centres, their common or different creative prerogatives and the facts of a certain unity. The purpose of the article is to highlight the artistic, technical, and technological features of Kyivan Rus ceremonial barmas from domestic and foreign museum collections. The research uses historical-cultural and artistic-design scientific approaches in combination with comparative and presentation methods. The study is devoted to the art history of Kyiv’s breastplate ceremonial ornaments – barmas, as artistic artefacts that allow a better understanding of the intersections of the artistic culture of individual centres, their common or different creative prerogatives and the facts of a certain unity. The information about the historical preconditions of the origin of breast ornaments in the form of necklaces with round medallions on the territory of Kyivan Rus is outlined. An attempt is made to characterize the centres of the Kyivan Rus state, where these products were manufactured and worn. The times of existence of products, and also art features of jewellery, ways of their wearing are considered. The main types of exhibits known for Ukrainian and foreign collections, as well as for reconstructions are displayed. The basic techniques and features of separate methods of work in the performance of works are specified. The results of the study show that the ancient methods of making jewellery today in the context of technical progress in the jewellery industry may arouse great interest from manufacturers and connoisseurs of jewellery. It is proposed to use the materials of this study for the process of creating new exclusive collections with hot enamel, filigree, grain, engraving and blackening for an updated high-quality presentation in the field of jewellery countries that have absorbed the Byzantium-Kyivan Rus goldsmith traditions.
Keywords: The study is devoted to the art history of Kyiv’s breastplate ceremonial ornaments – barmas, as artistic artefacts that allow a better understanding of the intersections of the artistic culture of individual centres, their common or different creative prerogatives and the facts of a certain unity. The purpose of the article is to highlight the artistic, technical, and technological features of Kyivan Rus ceremonial barmas from domestic and foreign museum collections. The research uses historical-cultural and artistic-design scientific approaches in combination with comparative and presentation methods. The study is devoted to the art history of Kyiv’s breastplate ceremonial ornaments – barmas, as artistic artefacts that allow a better understanding of the intersections of the artistic culture of individual centres, their common or different creative prerogatives and the facts of a certain unity. The information about the historical preconditions of the origin of breast ornaments in the form of necklaces with round medallions on the territory of Kyivan Rus is outlined. An attempt is made to characterize the centres of the Kyivan Rus state, where these products were manufactured and worn. The times of existence of products, and also art features of jewellery, ways of their wearing are considered. The main types of exhibits known for Ukrainian and foreign collections, as well as for reconstructions are displayed. The basic techniques and features of separate methods of work in the performance of works are specified. The results of the study show that the ancient methods of making jewellery today in the context of technical progress in the jewellery industry may arouse great interest from manufacturers and connoisseurs of jewellery. It is proposed to use the materials of this study for the process of creating new exclusive collections with hot enamel, filigree, grain, engraving and blackening for an updated high-quality presentation in the field of jewellery countries that have absorbed the Byzantium-Kyivan Rus goldsmith traditions.

DOUBLE RECONSTRUCTING OF THE BAROQUE MURAL PAINTINGS IN THE HOLY DORMITION GREAT CHURCH OF THE KYIV‑PECHERSK LAVRA

Maryna Bardik

PhD in Study of Art, Leading Researcher Scientific-Research at the Department of the History and Archaeology
National Kyiv-Pechersk Historical and Cultural Preserve (Kyiv, Ukraine)

ORCID ID: 0000-0003-3092-8929

Anotation. The article is devoted to studying of the specific character of mural paintings of one of the most famous Orthodox churches in Ukraine. The purpose of the article is to discover the special feature of reconstructing of the baroque mural paintings in the Holy Dormition Great Church (Dormition Cathedral) of the Kyiv‑Pechersk Lavra. The research methodology is based on the historical and cultural, art study analysis for the studies the records and archival photographs, the mural paintings in the Holy Dormition Great Church. The results have the scientific novelty and practical value. For the first time the double nature of reconstructing of the baroque murals in the Holy Dormition Great Church has been determined. Its modern murals are the reconstitution of paintings of the 19th century that was a reconstitution of one of the 1772–1777s (but not the 1722– 1730s). It has been studied during the artistic reconstructions process artists introduced changes in some compositions (the 19th century) and in the decoration of compartments, and quoted compositions from other monuments (modern paintings). The article introduces into scientific circulation the original text of the program of paintings (1837−1838) as a historical basis for the painting unpainted compartments as yet and creating the completed decoration in the Dormition Cathedral.
Keywords: The article is devoted to studying of the specific character of mural paintings of one of the most famous Orthodox churches in Ukraine. The purpose of the article is to discover the special feature of reconstructing of the baroque mural paintings in the Holy Dormition Great Church (Dormition Cathedral) of the Kyiv‑Pechersk Lavra. The research methodology is based on the historical and cultural, art study analysis for the studies the records and archival photographs, the mural paintings in the Holy Dormition Great Church. The results have the scientific novelty and practical value. For the first time the double nature of reconstructing of the baroque murals in the Holy Dormition Great Church has been determined. Its modern murals are the reconstitution of paintings of the 19th century that was a reconstitution of one of the 1772–1777s (but not the 1722– 1730s). It has been studied during the artistic reconstructions process artists introduced changes in some compositions (the 19th century) and in the decoration of compartments, and quoted compositions from other monuments (modern paintings). The article introduces into scientific circulation the original text of the program of paintings (1837−1838) as a historical basis for the painting unpainted compartments as yet and creating the completed decoration in the Dormition Cathedral.

DONETSK SCHOOL OF DOMRA’S PERFORMANCE

Svitlana Bіlousova

Associate Professor at the Department of Folk Instruments
Ukrainian National Tchaikovsky Academy of Music (Kyiv, Ukraine)

ORCID ID: 0000-0002-0594-2035

Anotation. The article is devoted to the formation of a professional centre of performance, which was formed in Donetsk. The centre is studied through the use of the concept of regional school. Its components are distinguished: the presence of the leader-founder and his followers, who successfully implement the ideas of the master. The founder and chairman of the domra’s school in Donetsk is Valery Ivko – a performer, scientist, teacher, composer and conductor. He created a holistic system of learning to play the instrument, which includes a set of theoretical principles and mechanisms for their implementation. Among the components of V. Ivko’s methodical system are the study of musical time, articulation on the domra, tremolo as a specific means of expression. The article considers the articulatory realization of inverted musical structures of iambic and choreic types. Methods of reproduction of such structures by means of domrа performance are studied in detail. The role of students-followers of V. Ivko in the development of Donetsk vocational school is investigated. It is noted that the theoretical foundations created by him go beyond purely domrа performance, because they are also realized by musicians of other specialties. The stages of development of Ukrainian regional schools of domrа performance on the example of comparison of Kharkiv and Donetsk centers are studied. It is noted that V. Ivko’s followers create their own creative centers, educate their own students and thus contribute to the development and spread of the performing school.
Keywords: The article is devoted to the formation of a professional centre of performance, which was formed in Donetsk. The centre is studied through the use of the concept of regional school. Its components are distinguished: the presence of the leader-founder and his followers, who successfully implement the ideas of the master. The founder and chairman of the domra’s school in Donetsk is Valery Ivko – a performer, scientist, teacher, composer and conductor. He created a holistic system of learning to play the instrument, which includes a set of theoretical principles and mechanisms for their implementation. Among the components of V. Ivko’s methodical system are the study of musical time, articulation on the domra, tremolo as a specific means of expression. The article considers the articulatory realization of inverted musical structures of iambic and choreic types. Methods of reproduction of such structures by means of domrа performance are studied in detail. The role of students-followers of V. Ivko in the development of Donetsk vocational school is investigated. It is noted that the theoretical foundations created by him go beyond purely domrа performance, because they are also realized by musicians of other specialties. The stages of development of Ukrainian regional schools of domrа performance on the example of comparison of Kharkiv and Donetsk centers are studied. It is noted that V. Ivko’s followers create their own creative centers, educate their own students and thus contribute to the development and spread of the performing school.

TRADITIONS AND INNOVATIONS OF RELIGIOUS CHOIR WORKS BY V. STEPURKO

Maryna Varakuta

PhD in Arts, Associated Professor, Professor at the Department of History and Theory of Music
M. Glinka Dnipropetrovsk Academy of Music of Dnipropetrovsk Regional Council

ORCID ID: 0000-0003-0863-8829

Anotation. The purpose of the work. The article studies, on the example of the creative work of the famous Ukrainian composer Viktor Stepurko, the problem of the correlation of traditions and innovations in modern choral works of religious subject, created over the past two decades. It is noted that choral music occupies an important place in V. Stepurko’s work, and that the composer pays considerable attention to a religious theme, which gives us every reason to study the stylistic features of the creative method and the most important principles of religious choral works in the context of Ukrainian music of the late XX – early XXI century. The methodology of the research is a historical-typological method and a genrestyle one. The historical-typological method is associated with the problems of the historical evolution of the Ukrainian religious music, the genre-style method is associated with the issues of a contemporary music analysis. The scientific novelty of the work is in the study of well-known but little-investigated compositions for a choir, created by the modern Ukrainian composer, and in which the traditions of the Ukrainian religious music are interpreted, and, at the same time, the modern trends of the musical language are clearly manifested. It is noted that the degree of correlation between traditions and innovations is determined by the individual creative approach of the composer, who has the need to refer to religious texts and create original chants on their basis. The conclusions indicate that the subject of the article can be continued on the material of religious choral works written by modern Ukrainian composers over the past two decades.
Keywords: The purpose of the work. The article studies, on the example of the creative work of the famous Ukrainian composer Viktor Stepurko, the problem of the correlation of traditions and innovations in modern choral works of religious subject, created over the past two decades. It is noted that choral music occupies an important place in V. Stepurko’s work, and that the composer pays considerable attention to a religious theme, which gives us every reason to study the stylistic features of the creative method and the most important principles of religious choral works in the context of Ukrainian music of the late XX – early XXI century. The methodology of the research is a historical-typological method and a genrestyle one. The historical-typological method is associated with the problems of the historical evolution of the Ukrainian religious music, the genre-style method is associated with the issues of a contemporary music analysis. The scientific novelty of the work is in the study of well-known but little-investigated compositions for a choir, created by the modern Ukrainian composer, and in which the traditions of the Ukrainian religious music are interpreted, and, at the same time, the modern trends of the musical language are clearly manifested. It is noted that the degree of correlation between traditions and innovations is determined by the individual creative approach of the composer, who has the need to refer to religious texts and create original chants on their basis. The conclusions indicate that the subject of the article can be continued on the material of religious choral works written by modern Ukrainian composers over the past two decades.

THE ROLE AND PLACE OF FUTURISM IN THE WORK OF THE POET, TRANSLATOR, SCIENTIST MYKOLA BAZHAN: CULTUROLOGICAL ANALYSIS

Olha Vernyhorenko

Leading Presenter of the Program of Editing of Scientific and Cognitive Programs of the Main Edition of Culturological and Cognitive Programs CA Сh-3 “Culture”
Joint-Stock Company “National Public Television and Radio Company of Ukraine” (Kyiv, Ukraine)

ORCID ID: 0000-0001-5704-7924

Anotation. To explore the role and place of futurism as a unique philosophical and aesthetic, socio-political, semantic and literary-artistic phenomenon in the work of poet, writer and scientist Mykola Bazhan. The research methodology consists in the application of general scientific methods of analysis and synthesis, as well as comparative, biographical, psychological methods. The work presents for the first time a culturological and philosophical understanding, in accordance with the theory of historical knowledge developed by Heinrich Rickert, the place and role of futurism in the life and work of Mykola Bazhan. The reference to the scientific works of the German philosopher, one of the founders of the Baden school of neo-Kantianism Heinrich Rickert, namely to the theory of historical cognition developed by scientists as knowledge of individual and unique reality, and which proclaims value as a central concept, greatly enriched the research methodologically. So this allowed us to look at futurism as a constant search for meanings and values and the meaning of values in general. Futurism, in this sense, played an extremely important role in the work of Mykola Bazhan, pointing to the power of the art of the Word, which was worth fighting for, and this confrontation took place on the sharp edge of the Soviet totalitarian system between life and death. Mykola Bazhan’s formal departure from the futurism of the Soviet secret services may be a manifestation of an attempt to preserve value, a chance to preserve the memory of those who did not stand in the unequal struggle through self-sacrifice.
Keywords: To explore the role and place of futurism as a unique philosophical and aesthetic, socio-political, semantic and literary-artistic phenomenon in the work of poet, writer and scientist Mykola Bazhan. The research methodology consists in the application of general scientific methods of analysis and synthesis, as well as comparative, biographical, psychological methods. The work presents for the first time a culturological and philosophical understanding, in accordance with the theory of historical knowledge developed by Heinrich Rickert, the place and role of futurism in the life and work of Mykola Bazhan. The reference to the scientific works of the German philosopher, one of the founders of the Baden school of neo-Kantianism Heinrich Rickert, namely to the theory of historical cognition developed by scientists as knowledge of individual and unique reality, and which proclaims value as a central concept, greatly enriched the research methodologically. So this allowed us to look at futurism as a constant search for meanings and values and the meaning of values in general. Futurism, in this sense, played an extremely important role in the work of Mykola Bazhan, pointing to the power of the art of the Word, which was worth fighting for, and this confrontation took place on the sharp edge of the Soviet totalitarian system between life and death. Mykola Bazhan’s formal departure from the futurism of the Soviet secret services may be a manifestation of an attempt to preserve value, a chance to preserve the memory of those who did not stand in the unequal struggle through self-sacrifice.

MODERN UKRAINIAN CINEMA AS A FACTOR IN THE FORMATION OF NATIONAL CONSCIOUSNESS

Larysa Yepyk, Danyil Yepyk

Larysa Yepyk, Candidate of Historical Sciences, Associate Professor, Associate Professor at the Department of Fine Arts, Musicology and Cultural Studies Sumy State Pedagogical University named after A.S. Makarenko (Sumy, Ukraine)
Danyil Yepyk. Master’s Degree Student Educational and Scientific Institute of Culture and Arts of the Sumy State Pedagogical University named after A.S. Makarenko (Sumy, Ukraine)

ORCID ID: 0000-0001-5160-6529, ORCID ID: 0000-0002-2740-6022

Anotation. The authors of the article analyze the state of Ukrainian cinema at the beginning of the XXI century in terms of its influence on the formation of the national consciousness of the Ukrainian population. In their study, the authors used historical and culturological methods, using both comparative analysis and generalization, conducted surveys and questionnaires of participants in film screenings. Some conclusions were made during specially organized discussions and debates. The value, ideological and semantic influence of modern Ukrainian cinema on the society is analyzed on the example of involvement of student youth in viewing and discussion of a number of modern Ukrainian films. It is concluded that a real high-quality Ukrainian film product is competitive in the ideological sense and affects the viewer’s worldview, contributing to patriotic education and the formation of national consciousness.
Keywords: The authors of the article analyze the state of Ukrainian cinema at the beginning of the XXI century in terms of its influence on the formation of the national consciousness of the Ukrainian population. In their study, the authors used historical and culturological methods, using both comparative analysis and generalization, conducted surveys and questionnaires of participants in film screenings. Some conclusions were made during specially organized discussions and debates. The value, ideological and semantic influence of modern Ukrainian cinema on the society is analyzed on the example of involvement of student youth in viewing and discussion of a number of modern Ukrainian films. It is concluded that a real high-quality Ukrainian film product is competitive in the ideological sense and affects the viewer’s worldview, contributing to patriotic education and the formation of national consciousness.

GRAPHIC DESIGN OF USR MAGAZINES AND CAMP PUBLICATIONS OF WUPR AND UPR OF SATIRICAL ORIENTATION (ON THE EXAMPLES OF “SAMOKHOTNYK” AND “LIAZARONI” MAGAZINES)

Viktor Mykhalevych

Candidate of Cultural Studies, Associate Professor, Associate Professor at the Department of Fine Arts
Borys Grinchenko Kyiv University (Kyiv, Ukraine)

ORCID ID: 0000-0003-4847-5833

Anotation. The study is devoted to the investigation of the artistic design of satirical magazines of the Ukrainian Sich Riflemen (USR), as well as camp publications of humorous and satirical direction of prisoners of war of the Ukrainian People’s Republic (UPR) and the Western Ukrainian People’s Republic (WUPR). The research methodology is based on comparative and historical methods that help to trace and build the appropriate chronology and retrospective. Applied art analysis allows you to explore, identify, compare and describe the features of the composition, style, typography of certain publications. The article provides chronological data of issues of USS magazines and camp publications of WUPR and UPR of satirical direction. The artistic design of the covers and visual content of the magazines “Samohotnyk”, “Republican Samohotnyk”, “Liazaroni” were traced. The satirical graphics of O. Kurylas and V. Kasiyan, who were considered to be the leading artists of the publications “Samokhotnyk” and “Liazaroni”, were analyzed. A comparison of the visual material of riflemen’s and camp satirical magazines is given. Further research can be focused on the work of Ukrainian cartoonists, who developed the traditions of satirical graphics of military magazines of the Sich, as well as camp humorous periodicals of the Western Ukrainian People’s Republic and the Ukrainian People’s Republic.
Keywords: The study is devoted to the investigation of the artistic design of satirical magazines of the Ukrainian Sich Riflemen (USR), as well as camp publications of humorous and satirical direction of prisoners of war of the Ukrainian People’s Republic (UPR) and the Western Ukrainian People’s Republic (WUPR). The research methodology is based on comparative and historical methods that help to trace and build the appropriate chronology and retrospective. Applied art analysis allows you to explore, identify, compare and describe the features of the composition, style, typography of certain publications. The article provides chronological data of issues of USS magazines and camp publications of WUPR and UPR of satirical direction. The artistic design of the covers and visual content of the magazines “Samohotnyk”, “Republican Samohotnyk”, “Liazaroni” were traced. The satirical graphics of O. Kurylas and V. Kasiyan, who were considered to be the leading artists of the publications “Samokhotnyk” and “Liazaroni”, were analyzed. A comparison of the visual material of riflemen’s and camp satirical magazines is given. Further research can be focused on the work of Ukrainian cartoonists, who developed the traditions of satirical graphics of military magazines of the Sich, as well as camp humorous periodicals of the Western Ukrainian People’s Republic and the Ukrainian People’s Republic.

CREATIVITY OF POLISH MUSICIANS IN THE REVIEWS OF OSTAP NIZHANKIVSKY

Ulyana Molchko

Assistant Professor at the Musicology and Piano Department Institute of Musical Art
Drohobych Ivan Franko State Pedagogical University (Drohobych, Lviv region, Ukraine)

ORCID ID: 0000-0003-1519-6053

Anotation. The article analyzes the musical-critical work of the ukrainian composer, cultural and educational figure of Eastern Galicia of the early twentieth century, Father Ostap Nyzhankivsky, which was published in the magazine “Dilo”. The research methodology is based on cultural-historical, typological methods. Basing on the musicological study the themes of the publications by O. Nyzhankivskyу in the newspaper “Dilo” concerning the important moments of the concert and cultural and educational life of the Eastern Galychyna at the end of XIX – beginning of XX centuries have been established. The artistic achievements of Ukrainian composers, prominent singers, chores have been analysed. The studied peculiarities of the publishing materials prove that the publicist works of O. Nyzhankivskyу reflect the evolution of the artistic and publishing processes in the course of development of Ukrainian culture. The practical significance. The article is a good source for the scholars studying the development of the Galician culture at the end of XIX – beginning of XX centuries in the course of their professional growth in the realm of the musical art.
Keywords: The article analyzes the musical-critical work of the ukrainian composer, cultural and educational figure of Eastern Galicia of the early twentieth century, Father Ostap Nyzhankivsky, which was published in the magazine “Dilo”. The research methodology is based on cultural-historical, typological methods. Basing on the musicological study the themes of the publications by O. Nyzhankivskyу in the newspaper “Dilo” concerning the important moments of the concert and cultural and educational life of the Eastern Galychyna at the end of XIX – beginning of XX centuries have been established. The artistic achievements of Ukrainian composers, prominent singers, chores have been analysed. The studied peculiarities of the publishing materials prove that the publicist works of O. Nyzhankivskyу reflect the evolution of the artistic and publishing processes in the course of development of Ukrainian culture. The practical significance. The article is a good source for the scholars studying the development of the Galician culture at the end of XIX – beginning of XX centuries in the course of their professional growth in the realm of the musical art.

NATIONAL IDENTITY IN I. DRIAPACHENKO’S WORKS

Tatiana Miachkova

Postgraduate Student at the Department of Theory and History of Art
National Academy of Fine Arts and Architecture (Kyiv, Ukraine)

ORCID ID: 0000-0003-4315-2349

Anotation. The article confidently shows the national component of Ukrainian artist and graphic artist I. Driapachenko’s artistic heritage, reveals the potential of it in the development of Ukrainian fine art of the first third of the ХХ century. Images of works by I. Driapachenko “On a swing (Rural fun)” (1920, private collection, Russian Federation) and portrait of Y. Ponomarenko (1931, private collection, Ukraine) are published for the first time. The name of the woman depicted in the painting “Parasca on the Holiday Day” (1915, location unknown) is published for the first time.
Keywords: The article confidently shows the national component of Ukrainian artist and graphic artist I. Driapachenko’s artistic heritage, reveals the potential of it in the development of Ukrainian fine art of the first third of the ХХ century. Images of works by I. Driapachenko “On a swing (Rural fun)” (1920, private collection, Russian Federation) and portrait of Y. Ponomarenko (1931, private collection, Ukraine) are published for the first time. The name of the woman depicted in the painting “Parasca on the Holiday Day” (1915, location unknown) is published for the first time.

THE LORD OF THE RINGS’ MUSICAL DRAMATURGY: MAIN PRINCIPLES

Anastasiia-Olena Pozharska

PhD Student at the Department of Musicology and Music Education
Institute of Arts
Borys Grinchenko Kyiv University (Kyiv, Ukraine)

ORCID ID: 0000-0002-9879-4771

Anotation. The article considers the musical dramaturgy basic features of the Lord of the Rings’ film. Studying the fantasy cinema music the scientists focus on stylistic, harmonic and melodic features, leaving the musical dramaturgy out of consideration. The article aims to identify the types and principles of the Lord of the Rings’ film. In the analysis of musical dramaturgy the author used the method of complex cinema music analysis, proposed by T. Shak, as well as the methods of musical dramaturgy analysis by V. Bobrovskyj, T. Chernova, L. Kazantseva, I. Sollertinskyj. The study revealed that the Lord of the Rings’ musical dramaturgy identifies as the epico-dramatic contrast-and-conflict plot-and-montage romantic symphonic type. The article formed the Lord of the Rings’ musical dramaturgy main principles. Firstly, the intonation-and syntactic level of perception is the most memorable. Secondly, the musical themes contrast and conflict within each other. Thirdly, the musical conflict has a direction from major to minor mode. Fourth, the themes have a musical evolution. Fifth, the musical layer is integral which a symphony’s feature is. Sixth, an important principle is leitthematism. These principles could be found in the other fantasy films musical dramaturgy, but it requires the further studying.
Keywords: The article considers the musical dramaturgy basic features of the Lord of the Rings’ film. Studying the fantasy cinema music the scientists focus on stylistic, harmonic and melodic features, leaving the musical dramaturgy out of consideration. The article aims to identify the types and principles of the Lord of the Rings’ film. In the analysis of musical dramaturgy the author used the method of complex cinema music analysis, proposed by T. Shak, as well as the methods of musical dramaturgy analysis by V. Bobrovskyj, T. Chernova, L. Kazantseva, I. Sollertinskyj. The study revealed that the Lord of the Rings’ musical dramaturgy identifies as the epico-dramatic contrast-and-conflict plot-and-montage romantic symphonic type. The article formed the Lord of the Rings’ musical dramaturgy main principles. Firstly, the intonation-and syntactic level of perception is the most memorable. Secondly, the musical themes contrast and conflict within each other. Thirdly, the musical conflict has a direction from major to minor mode. Fourth, the themes have a musical evolution. Fifth, the musical layer is integral which a symphony’s feature is. Sixth, an important principle is leitthematism. These principles could be found in the other fantasy films musical dramaturgy, but it requires the further studying.

AVANT-GARDE AND REVOLUTION IN UKRAINIAN AND EUROPEAN ART IN THE 1910S–1930S

Anna Puzyrkova

Applicant at the Department of Theory and History of Art National Academy of Fine Arts and Architecture (Kyiv, Ukraine), Head of the Department for the Study of Life and Work of Mykhailo Staritsky
Museum of Outstanding Figures of Ukrainian Culture (Kyiv, Ukraine)

ORCID ID: 0000-0001-8183-7731

Anotation. The unique period from the late 1910s until the early 1930s became the time of groundbreaking artistic revolutionary changes that finally changed the paradigm of art development in both Ukraine and Europe. However, that revolution was manifested in different ways. Using the comparative, systematic and structural analysis methods, the article presents the characteristics of revolutionary art of the period from the late 1910s until the early 1930s in the context of Ukrainian avant-garde art of the post-revolutionary period and European artistic movements of the same time. Special attention was given to European Dadaism. The results of the study revealed both the fundamental differences between the revolutionary and artistic trends in Europe and Soviet Ukraine caused by the historical context and their common features in different ways aimed at the social restructuring of society. Despite its active and rapid development in the 1920s, in the 1930s Ukrainian revolutionary art, which accumulated agitprop, the avant-garde search of Kubofuturists, Suprematists and constructivists, as well as the search of the boichukists, ceased its development under the pressure of state policy, while the Dadaist movement, the most radical example of European modernism and a fundamentally left-wing movement, had independently exhausted itself. However, the study allows for the conclusion that even under favourable historical circumstances Ukrainian art would not have been able to follow the typical Dadaist or surrealist path due to the fundamental difference of its socio-ethical orientation. Therefore, these European movements are minimally represented in Ukrainian art. In this context, the study of separate motives of Dadaism and Surrealism in Ukrainian avantgarde art remains promising.
Keywords: The unique period from the late 1910s until the early 1930s became the time of groundbreaking artistic revolutionary changes that finally changed the paradigm of art development in both Ukraine and Europe. However, that revolution was manifested in different ways. Using the comparative, systematic and structural analysis methods, the article presents the characteristics of revolutionary art of the period from the late 1910s until the early 1930s in the context of Ukrainian avant-garde art of the post-revolutionary period and European artistic movements of the same time. Special attention was given to European Dadaism. The results of the study revealed both the fundamental differences between the revolutionary and artistic trends in Europe and Soviet Ukraine caused by the historical context and their common features in different ways aimed at the social restructuring of society. Despite its active and rapid development in the 1920s, in the 1930s Ukrainian revolutionary art, which accumulated agitprop, the avant-garde search of Kubofuturists, Suprematists and constructivists, as well as the search of the boichukists, ceased its development under the pressure of state policy, while the Dadaist movement, the most radical example of European modernism and a fundamentally left-wing movement, had independently exhausted itself. However, the study allows for the conclusion that even under favourable historical circumstances Ukrainian art would not have been able to follow the typical Dadaist or surrealist path due to the fundamental difference of its socio-ethical orientation. Therefore, these European movements are minimally represented in Ukrainian art. In this context, the study of separate motives of Dadaism and Surrealism in Ukrainian avantgarde art remains promising.

COPING OF MARRIAGE PARTNERS AS A FACTOR OF PERSON’S SUBJECTIVE WELL-BEING IN MARRIAGE: AN EMPIRICAL MEASUREMENT

Olena Abramiuk

Postgraduate Student at the Department of Psychology
Ivan Franko National University of Lviv (Lviv, Ukraine)

ORCID ID: 0000-0002-0391-8568

Anotation. The article presents an analysis of the results of our own empirical study of the impact of coping of marriage partners on the subjective well-being (SWB) of a person in marriage. The diagnostic tools contain two blocks: measuring the person’s SWB in marriage and the spectrum of individual and dyadic coping of the spouses. It has been established that marriage partners with a high level of SWB have a wide range of individual and dyadic coping. The determining strategies of coping in the formation of the person’s SWB in marriage are dyadic and proactive coping, coping-strategies of “positive reappraisal” and “problem-solving planning”. It has been found that persons with a high level of SWB are not inclined to apply the coping-strategy of “escape-avoidance”. It has been confirmed that the positive effect of proactive coping of marital partners will be achieved in the absence of competition in the couple. At the same time, the constructive activity of each of the marriage partners in the form of individual coping promotes personal growth and allows avoiding overloading the partner, thereby preventing their emotional burnout. It has been summarized that coping of marriage partners, realizing through conscious and active actions to mitigate or overcome their own stress and balanced use of resources and opportunities of each other to cope with stressful situations together, has a direct positive impact on the quality of marital relations and the person’s subjective well-being in marriage.
Keywords: The article presents an analysis of the results of our own empirical study of the impact of coping of marriage partners on the subjective well-being (SWB) of a person in marriage. The diagnostic tools contain two blocks: measuring the person’s SWB in marriage and the spectrum of individual and dyadic coping of the spouses. It has been established that marriage partners with a high level of SWB have a wide range of individual and dyadic coping. The determining strategies of coping in the formation of the person’s SWB in marriage are dyadic and proactive coping, coping-strategies of “positive reappraisal” and “problem-solving planning”. It has been found that persons with a high level of SWB are not inclined to apply the coping-strategy of “escape-avoidance”. It has been confirmed that the positive effect of proactive coping of marital partners will be achieved in the absence of competition in the couple. At the same time, the constructive activity of each of the marriage partners in the form of individual coping promotes personal growth and allows avoiding overloading the partner, thereby preventing their emotional burnout. It has been summarized that coping of marriage partners, realizing through conscious and active actions to mitigate or overcome their own stress and balanced use of resources and opportunities of each other to cope with stressful situations together, has a direct positive impact on the quality of marital relations and the person’s subjective well-being in marriage.

THE PARADIGM USED TO TEXTUAL / CONTEXTUAL STUDIES OF GENERATIONS’ SOCIAL-CULTURAL INTERACTIONS

Natalia Dovgan

Ph. D. in Psychological Sciences, Senior Researcher at the Laboratory of Psychology of Political and Legal Relations
Institute of Social and Political Psychology of the National Academy of Educational Sciences of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0001-6150-5211

Anotation. The article presents the paradigm used for textual / contextual studies of generations’ social-cultural interactions. A generation’s perception of the reality is influenced by its dominant social-cultural styles used in its spacetime. The textual / contextual bases to analyze the (non-) congruence between texts developed by a generation and socialcultural contexts are described according to the aspects proposed within the constructivist paradigm. The ontological aspect of the constructivist paradigm is viewed as a base for the theoretical construction of a generation’s social-cultural reality. It is emphasized within the epistemological aspect that interacting actors are formed during interactions, and generations’ textual constructions form the context for the historical reality. As for the methodological aspect, the general criteria for quality assessment are used to specify the requirements for textual / contextual research methods. These criteria are: the evaluating qualities for data; the impact of social-historical situations; the qualities of developed generalizations; the historical correspondence. Thus, the selected research methods should correspond the criteria of quality assessment, which is substantiated.
Keywords: The article presents the paradigm used for textual / contextual studies of generations’ social-cultural interactions. A generation’s perception of the reality is influenced by its dominant social-cultural styles used in its spacetime. The textual / contextual bases to analyze the (non-) congruence between texts developed by a generation and socialcultural contexts are described according to the aspects proposed within the constructivist paradigm. The ontological aspect of the constructivist paradigm is viewed as a base for the theoretical construction of a generation’s social-cultural reality. It is emphasized within the epistemological aspect that interacting actors are formed during interactions, and generations’ textual constructions form the context for the historical reality. As for the methodological aspect, the general criteria for quality assessment are used to specify the requirements for textual / contextual research methods. These criteria are: the evaluating qualities for data; the impact of social-historical situations; the qualities of developed generalizations; the historical correspondence. Thus, the selected research methods should correspond the criteria of quality assessment, which is substantiated.

ANALYSIS OF THE LEVEL AND FEATURES OF SELF-EFFICACY OF SPECIALISTS OF THE STATE EMPLOYMENT SERVICE OF UKRAINE

Yana Dubyaga

Postgraduate Student at the Department of Psychology
Ukrainian State Employment Service Training Institute (Kyiv, Ukraine)

ORCID ID: 0000-0001-8046-3811

Anotation. In modern conditions of instability and uncertainty, to ensure effective professional activity, employment service specialists of Ukraine need to have certain internal resources. In our opinion, self-efficacy is an important internal resource of a specialist’s personality. The purpose of the study was to determine the level and characteristics of selfefficacy of specialists of the state employment service. To conduct the study, we used the method “The general selfefficacy scale of R. Schwarzer and M. Jerusalem”. In the process of empirical study it was established that the self-efficacy of specialists of the state employment service of Ukraine has its own characteristics in terms of gender, age, length of service and specifics of professional activity. Differences in the level of self-efficacy between men and women, as well as age groups of specialists were revealed. The dynamics of changes in the level of self-efficacy depending on the length of service in the state employment service of Ukraine is analyzed. It is established that specialists who provide services to the unemployed have the highest level of self-efficacy than other specialists. However, there is a problem of low level of self-efficacy, which clearly has a negative impact on the effectiveness of professional activities and professional selfrealization of the specialists. Further studies will be aimed at developing technologies to increase the level of self-efficacy of specialists of the State Employment Service of Ukraine.
Keywords: In modern conditions of instability and uncertainty, to ensure effective professional activity, employment service specialists of Ukraine need to have certain internal resources. In our opinion, self-efficacy is an important internal resource of a specialist’s personality. The purpose of the study was to determine the level and characteristics of selfefficacy of specialists of the state employment service. To conduct the study, we used the method “The general selfefficacy scale of R. Schwarzer and M. Jerusalem”. In the process of empirical study it was established that the self-efficacy of specialists of the state employment service of Ukraine has its own characteristics in terms of gender, age, length of service and specifics of professional activity. Differences in the level of self-efficacy between men and women, as well as age groups of specialists were revealed. The dynamics of changes in the level of self-efficacy depending on the length of service in the state employment service of Ukraine is analyzed. It is established that specialists who provide services to the unemployed have the highest level of self-efficacy than other specialists. However, there is a problem of low level of self-efficacy, which clearly has a negative impact on the effectiveness of professional activities and professional selfrealization of the specialists. Further studies will be aimed at developing technologies to increase the level of self-efficacy of specialists of the State Employment Service of Ukraine.

PECULIARITIES OF THE INFLUENCE OF SOCIO-PSYCHOLOGICAL FACTORS ON THE FORMATION OF ETHNON-NATIONAL SELF-CONSCIOUSNESS

Oksana Martyniuk

Graduate Student at the Department of Psychology and Pedagogy
Private Higher Education Institution “University of Modern Knowledge” (Kyiv, Ukraine)

ORCID ID: 0000-0001-8905-3819

Anotation. World globalization processes, the widespread spread of mass culture in the world, including in Ukraine, negatively affect the ethno-national identity of individuals. Therefore, one of the urgent tasks of modern science is the study of those socio-psychological factors that affect the formation of ethno-national identity of individuals and contribute to its preservation. Given the relevance of this scientific issue, the article analyzes the impact of socio-psychological factors “observance of ethno-national tradition”, “awareness of ethno-national expediency”, “the desire for ethno-national consolidation” and “nurturing ethno-national identity” on ethno-national identity. It is a question of revealing of their displays in ethnonational self-consciousness of respondents from empirical materials of scientists. Scientific researches of domestic and foreign scientists are used in the research. The results of the study confirmed the influence of the above socio-psychological factors on the formation of ethno-national identity of respondents from the empirical scientific materials of scientists and the feasibility of their separation. Done further clarification of the content of these sociopsychological factors.
Keywords: World globalization processes, the widespread spread of mass culture in the world, including in Ukraine, negatively affect the ethno-national identity of individuals. Therefore, one of the urgent tasks of modern science is the study of those socio-psychological factors that affect the formation of ethno-national identity of individuals and contribute to its preservation. Given the relevance of this scientific issue, the article analyzes the impact of socio-psychological factors “observance of ethno-national tradition”, “awareness of ethno-national expediency”, “the desire for ethno-national consolidation” and “nurturing ethno-national identity” on ethno-national identity. It is a question of revealing of their displays in ethnonational self-consciousness of respondents from empirical materials of scientists. Scientific researches of domestic and foreign scientists are used in the research. The results of the study confirmed the influence of the above socio-psychological factors on the formation of ethno-national identity of respondents from the empirical scientific materials of scientists and the feasibility of their separation. Done further clarification of the content of these sociopsychological factors.

THE CONTENT OF REHABILITATION IN THE CONTEXT OF PSYCHOLOGICAL ASSISTANCE TO THE PARTICIPANTS OF THE ANTI-TERRORIST OPERATION IN UKRAINE

Nataliia Mateiko

Candidate of Psychological Sciences, Associate Professor, Associate Professor at the Department of General and Clinical Psychology
Vasyl Stefanyk Precarpathian National University (Ivano-Frankivsk, Ukraine)

ORCID ID: 0000-0002-1807-9939

Anotation. Research of the content of rehabilitation in the context of psychological assistance occupies a central place in the modern psychological rehabilitation of servicemen, as military stress has a chronic cause and a tendency to gradual deterioration over time. Used questionnaire of K. Leonhard – G. Shmishek, Mississippi scale of assessment of posttraumatic reactions for the military, questionnaire of severity of psychological symptoms, scale of assessment of intensity of combat experience, projective method “Suicidal tendency”. It was found that servicemen in the anti-terrorist operation zone most often had hyperthymic, exalted and demonstrative types of accentuations, obsessive-compulsive symptoms, depression, interpersonal sensitivity, paranoid tendencies, psychosis. Continuity of the rehabilitation process is possible provided the formation of sanogenic dispositions in the participants of hostilities, which will contribute work with post-traumatic mental disorders, overcoming negative emotions and mental recovery, developing the ability to cope with adverse life circumstances through awareness of unconstructive strategies.
Keywords: Research of the content of rehabilitation in the context of psychological assistance occupies a central place in the modern psychological rehabilitation of servicemen, as military stress has a chronic cause and a tendency to gradual deterioration over time. Used questionnaire of K. Leonhard – G. Shmishek, Mississippi scale of assessment of posttraumatic reactions for the military, questionnaire of severity of psychological symptoms, scale of assessment of intensity of combat experience, projective method “Suicidal tendency”. It was found that servicemen in the anti-terrorist operation zone most often had hyperthymic, exalted and demonstrative types of accentuations, obsessive-compulsive symptoms, depression, interpersonal sensitivity, paranoid tendencies, psychosis. Continuity of the rehabilitation process is possible provided the formation of sanogenic dispositions in the participants of hostilities, which will contribute work with post-traumatic mental disorders, overcoming negative emotions and mental recovery, developing the ability to cope with adverse life circumstances through awareness of unconstructive strategies.

PARADIGMATIC ASPECTS OF THE OSTRACISM ORIGINS IN DEVELOPMENTAL THEORIES

Victoria Nazarevych

Ph.D. in Psychology, Associate Professor at the Department of Age and Pedagogical Psychology
Rivne State University of Humanities (Rivne, Ukraine)

ORCID ID: 0000-0002-0111-7070

Anotation. The article deals with the paradigm aspects of the ostracism origins in the theories of personality development. Particular attention is paid to the analysis of the basic psychological theories on the topic and their systematization to extend the differential features of the phenomenon formation. An attempt is made to analyze the peculiarities and regularities of the factors and manifestations of ostracism in different paradigmatic directions, which influence the formation of the mentioned phenomenon and can be defined as the root causes of manifestations of social rejection. In this context, instincts are considered as a particular class of unexplored non-learning behaviors; the phenomenon of imprinting and the peculiarities of a child's relationship with parents as an example of the imitation of family behaviors are analyzed. The basic scientific views on the consideration of personality formation theories as a method of understanding the sociocultural formation of an individual and the process of its active interaction with society are highlighted. It has been determined that ostracism is a special kind of interrelation of personality with a new, unmanaged space of existence, realization in the conditions of socio-cultural space, mechanism of personality formation; is a qualitatively new driving force for development, due to manifestations of contradictions between the achieved level of ambitions and the type of communication of the individual with the outside world. The interdependence of development peculiarities and formation of ostracisation tendencies is indicated, the importance of studying the phenomena in the context of systematic analysis of manifestations and patterns and the consideration of the concept in a multidimensional, dynamic, open professional and educational space are confirmed. Aspects of prosociality from A. Bandura's learning theories, such as practice and guidelines, self-regulation, selfefficacy, are considered as a basis for the prevention of ostracism. Conclusions have been made in the system of paradigmatic aspects of the origins of ostracism that theoretical achievements of psychological science should be studied and taken into account for proper theoretical and methodological substantiation of the phenomenon of ostracism. Further consideration of the problem can be seen in a more extensive study of the psychological features of becoming an individual and the impact of the passage of these stages on the formation of the ostracism phenomenon.
Keywords: The article deals with the paradigm aspects of the ostracism origins in the theories of personality development. Particular attention is paid to the analysis of the basic psychological theories on the topic and their systematization to extend the differential features of the phenomenon formation. An attempt is made to analyze the peculiarities and regularities of the factors and manifestations of ostracism in different paradigmatic directions, which influence the formation of the mentioned phenomenon and can be defined as the root causes of manifestations of social rejection. In this context, instincts are considered as a particular class of unexplored non-learning behaviors; the phenomenon of imprinting and the peculiarities of a child's relationship with parents as an example of the imitation of family behaviors are analyzed. The basic scientific views on the consideration of personality formation theories as a method of understanding the sociocultural formation of an individual and the process of its active interaction with society are highlighted. It has been determined that ostracism is a special kind of interrelation of personality with a new, unmanaged space of existence, realization in the conditions of socio-cultural space, mechanism of personality formation; is a qualitatively new driving force for development, due to manifestations of contradictions between the achieved level of ambitions and the type of communication of the individual with the outside world. The interdependence of development peculiarities and formation of ostracisation tendencies is indicated, the importance of studying the phenomena in the context of systematic analysis of manifestations and patterns and the consideration of the concept in a multidimensional, dynamic, open professional and educational space are confirmed. Aspects of prosociality from A. Bandura's learning theories, such as practice and guidelines, self-regulation, selfefficacy, are considered as a basis for the prevention of ostracism. Conclusions have been made in the system of paradigmatic aspects of the origins of ostracism that theoretical achievements of psychological science should be studied and taken into account for proper theoretical and methodological substantiation of the phenomenon of ostracism. Further consideration of the problem can be seen in a more extensive study of the psychological features of becoming an individual and the impact of the passage of these stages on the formation of the ostracism phenomenon.

STUDY OF THE MUSIC THERAPY INFLUENCE ON CHILDREN WITH AUTISM

Roksolyana Pryzvanska

Assistant at the Department of Special Education and Social Work
Ivan Franko National University of Lviv (Lviv, Ukraine)

ORCID ID: 0000-0001-7635-1227

Anotation. The article presents an analysis of the results of the study of features of music therapy impact on the autistic performance by a preschool child. It is noted that children with autistic disorders respond positively to music, are motivated to be included in music content and interaction with other children and adults. There have been determined key parameters and features of constructing of therapeutic content regarding autistic children’s mental disorders. It has been proved that autistic phobias, fears, aggression, negativism are leveled by means of music therapy, also some positive psychological new forms arise, namely: imitation, the ability to copy, attention, memory – all that is included in cognitive processes. Basic paradigms of formation in autistic children of intellectual and playing activities to which they were indifferent have been analyzed. In particular, high rates of mental activity as a result of conducted by the author research showed the need for systemic music therapy effects in all spheres of a child's life. Attention is focused on the importance and necessity of studying and implementing in corrective work group on overcoming neurotic and psychoanatomical occurrences that block self-control of the child’s behavior. It has been determined that those children who passed psycho-correctional classes, received in result a high level of emotional interaction, balance and tolerance. There have also been revealed ways of music lessons modernization at preschools with autistic children. There have been introduced statistical data of comparative and multi-factor analysis with considering the positive dynamics of psychological and therapeutic effects of music in overcoming anxiety, nervousness, suffering, self-aggression in children with autistic disorders. Music content for conducting special classes in the system of preschool institutions has been selected.
Keywords: The article presents an analysis of the results of the study of features of music therapy impact on the autistic performance by a preschool child. It is noted that children with autistic disorders respond positively to music, are motivated to be included in music content and interaction with other children and adults. There have been determined key parameters and features of constructing of therapeutic content regarding autistic children’s mental disorders. It has been proved that autistic phobias, fears, aggression, negativism are leveled by means of music therapy, also some positive psychological new forms arise, namely: imitation, the ability to copy, attention, memory – all that is included in cognitive processes. Basic paradigms of formation in autistic children of intellectual and playing activities to which they were indifferent have been analyzed. In particular, high rates of mental activity as a result of conducted by the author research showed the need for systemic music therapy effects in all spheres of a child's life. Attention is focused on the importance and necessity of studying and implementing in corrective work group on overcoming neurotic and psychoanatomical occurrences that block self-control of the child’s behavior. It has been determined that those children who passed psycho-correctional classes, received in result a high level of emotional interaction, balance and tolerance. There have also been revealed ways of music lessons modernization at preschools with autistic children. There have been introduced statistical data of comparative and multi-factor analysis with considering the positive dynamics of psychological and therapeutic effects of music in overcoming anxiety, nervousness, suffering, self-aggression in children with autistic disorders. Music content for conducting special classes in the system of preschool institutions has been selected.

COMPONENT CORRELATION ON THE LEVEL OF SENSE-FORMATION OF PROFESSIONAL SELF-CONSCIOUSNESS OF FUTURE SPECIAL EDUCATORS

Olha Sydorovych

Assistant at the Department Special Education and Social Work of the Faculty of Pedagogical Education
Ivan Franko National University of Lviv (Lviv, Ukraine)

ORCID ID: 0000-0003-4420-5748

Anotation. The article presents the author’s comparative model of professional self-consciousness of future special educators and reveals the essential characteristics of the components of the sense-formation level: personal orientations, self-efficacy, and innovation. The proposed theoretical hierarchical model of professional self-consciousness of future special educators contains three levels. The basic level of professional self-consciousness contains a number of moral attitudes, or attitudes of “individual self-consciousness to the moral values of life”, the next, its second level is value orientation (reflexivity, integral self-attitude, empathy), the third level is the sense-formation (personal orientations, selfefficacy, and innovation). The results of an empirical study of the components of the sense-formation level in students of different specializations (“speech therapy”, “special pedagogy”, “orthopedagogy”) are presented. The connection between such components of professional self-consciousness at the level of sense-formation as self-efficacy, readiness for personal development and innovations, personal orientations depending on the specialization of future special educators has been revealed. It has been found that in groups of future speech therapists and orthopedagogue, self-efficacy promotes the development of other components of the sense-formation level of professional self-consciousness. In the group of future orthopedagogue, empirical results show that self-efficacy is not related to the indicators of the components of the sense-formation of professional self-consciousness, except for cognitive openness and readiness for assimilation of new knowledge. The principles of constructing a developmental psychological program of components of professional self-consciousness of future special educators are outlined.
Keywords: The article presents the author’s comparative model of professional self-consciousness of future special educators and reveals the essential characteristics of the components of the sense-formation level: personal orientations, self-efficacy, and innovation. The proposed theoretical hierarchical model of professional self-consciousness of future special educators contains three levels. The basic level of professional self-consciousness contains a number of moral attitudes, or attitudes of “individual self-consciousness to the moral values of life”, the next, its second level is value orientation (reflexivity, integral self-attitude, empathy), the third level is the sense-formation (personal orientations, selfefficacy, and innovation). The results of an empirical study of the components of the sense-formation level in students of different specializations (“speech therapy”, “special pedagogy”, “orthopedagogy”) are presented. The connection between such components of professional self-consciousness at the level of sense-formation as self-efficacy, readiness for personal development and innovations, personal orientations depending on the specialization of future special educators has been revealed. It has been found that in groups of future speech therapists and orthopedagogue, self-efficacy promotes the development of other components of the sense-formation level of professional self-consciousness. In the group of future orthopedagogue, empirical results show that self-efficacy is not related to the indicators of the components of the sense-formation of professional self-consciousness, except for cognitive openness and readiness for assimilation of new knowledge. The principles of constructing a developmental psychological program of components of professional self-consciousness of future special educators are outlined.

COMPANY REPUTATION MANAGEMENT IN SEARCH ENGINES AS ONE OF THE DIRECTION OF ORM

Mykola Maranchak

Competitor of Scientific Degree of Candidate of Sciences, Lecturer at the Department of Information Technologies
Kyiv National University of Culture and Arts (Kyiv, Ukraine)

ORCID ID: 0000-0001-5062-0759

Anotation. As a result of the development of internet technologies in recent decades, high-speed online information opportunities have become able to manage public opinion. For every company for which this opinion is significant, this factor has led to the need for tireless work on maintaining an online reputation, because it often consists not of evaluating good faith, but of what potential customers see on the first pages of Google when they search for information about the company on the web-reviews. Today, reviews are not just information for reflection, but a powerful tool that affects the company’s reputation, brand loyalty, and sales. Because of this, such a concept as SERM (Search Engine Reputation Management) has appeared in reputation management – Reputation Management in search engines, which is a set of measures to adjust the social assessment and public opinion about the company’s reputation by influencing the results of search results. SERM is one of the directions of a broader and more complex concept of online reputation management, namely ORM (Online Reputation Management). In this article, the author identifies SERM as one of the main elements of Reputation Management, and based on the results of the analysis of scientific literature and the described experience of SERM specialists, justifies the role of this method in online reputation management. In addition, the author explores the practical tools of SERM and its features, because today Reputation Management in search engines is becoming an extremely necessary component of Reputation control in an uncontrolled virtual space.
Keywords: As a result of the development of internet technologies in recent decades, high-speed online information opportunities have become able to manage public opinion. For every company for which this opinion is significant, this factor has led to the need for tireless work on maintaining an online reputation, because it often consists not of evaluating good faith, but of what potential customers see on the first pages of Google when they search for information about the company on the web-reviews. Today, reviews are not just information for reflection, but a powerful tool that affects the company’s reputation, brand loyalty, and sales. Because of this, such a concept as SERM (Search Engine Reputation Management) has appeared in reputation management – Reputation Management in search engines, which is a set of measures to adjust the social assessment and public opinion about the company’s reputation by influencing the results of search results. SERM is one of the directions of a broader and more complex concept of online reputation management, namely ORM (Online Reputation Management). In this article, the author identifies SERM as one of the main elements of Reputation Management, and based on the results of the analysis of scientific literature and the described experience of SERM specialists, justifies the role of this method in online reputation management. In addition, the author explores the practical tools of SERM and its features, because today Reputation Management in search engines is becoming an extremely necessary component of Reputation control in an uncontrolled virtual space.

VALUE COMPONENT OF STATE POLICY IN THE FIELD OF STATE BORDER SECURITY

Volodymyr Nikiforenko

PhD in Public Administration, First Deputy Head
State Border Service of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0003-1452-2312

Anotation. The article is devoted to the current problem of identifying risks and threats to the security of state borders. Systems and models of risk management and threat prevention are analyzed, each of which examines risks and threats according to certain parameters: the likelihood of a certain threat, possible consequences, their severity, and the like. It is concluded that a structured and systematized risk analysis model, which involves the assessment of its aggregate components, as a function of threats, vulnerability and impact, makes it possible to set the necessary priorities for the formation and implementation of state policy at all levels of the border security system. It is concluded that the improvement of the risk analysis and assessment system provides both an effective response to threats to the security of the state border, and the unhindered or maximally simplified and quick passage of formalities for persons, goods and vehicles that legally move across the state border.
Keywords: The article is devoted to the current problem of identifying risks and threats to the security of state borders. Systems and models of risk management and threat prevention are analyzed, each of which examines risks and threats according to certain parameters: the likelihood of a certain threat, possible consequences, their severity, and the like. It is concluded that a structured and systematized risk analysis model, which involves the assessment of its aggregate components, as a function of threats, vulnerability and impact, makes it possible to set the necessary priorities for the formation and implementation of state policy at all levels of the border security system. It is concluded that the improvement of the risk analysis and assessment system provides both an effective response to threats to the security of the state border, and the unhindered or maximally simplified and quick passage of formalities for persons, goods and vehicles that legally move across the state border.

METHODS OF ADMINISTRATIVE AND LEGAL SUPPORT IN THE FIELD OF PRODUCTION AND CIRCULATION OF ORGANIC PRODUCTS

Natalia Novak

Doctor of Economics, Doctoral Student
Scientific Institute of Public and Space Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-9929-1391

Anotation. With the active development of production and circulation of organic products in Ukraine, it is necessary to assess the combination of various factors and resources in this area and more. In the global public dimension, there is a need for administrative and legal support in this area so that consumers receive truly safe, wholesome food that meets high standards. The formation of theory and practical recommendations in this area is carried out using certain methods of research – methods of administrative and legal support in the field of production and circulation of organic products, which in today's conditions are not systematized. In addition, no specific methods are inherent in the analyzed subject. In other words, it is urgent to identify, systematize and form special methods of administrative and legal support in the field of production and circulation of organic products in Ukraine. The article examines some methods of administrative and legal support in the field of production and circulation of organic products. It is determined that the methods of application are a wide range, taking into account various branches of law, including economics, and all of them are typical for application in the field of organic production. It is emphasized that an important complex in the field of production and circulation of organic products is the method of valuation. The so-called fair value must be determined by an expert assessment carried out on a professional basis by marketers. However, the disadvantage of this method is that it is very difficult to predict the market price of agricultural products, because such prices can often change under the influence of supply and demand, the product has the property of rapid deterioration and loss of appearance. It is concluded that the methods of administrative and legal support of production and circulation of organic products is a set of general and special methods of theory of administrative and legal support of production and circulation of organic products aimed at strengthening the authority of the executive branch to inspire real confidence in it as leading factor in ensuring their rights, freedoms and legitimate interests and become an effective factor in improving the effectiveness of these activities.
Keywords: With the active development of production and circulation of organic products in Ukraine, it is necessary to assess the combination of various factors and resources in this area and more. In the global public dimension, there is a need for administrative and legal support in this area so that consumers receive truly safe, wholesome food that meets high standards. The formation of theory and practical recommendations in this area is carried out using certain methods of research – methods of administrative and legal support in the field of production and circulation of organic products, which in today's conditions are not systematized. In addition, no specific methods are inherent in the analyzed subject. In other words, it is urgent to identify, systematize and form special methods of administrative and legal support in the field of production and circulation of organic products in Ukraine. The article examines some methods of administrative and legal support in the field of production and circulation of organic products. It is determined that the methods of application are a wide range, taking into account various branches of law, including economics, and all of them are typical for application in the field of organic production. It is emphasized that an important complex in the field of production and circulation of organic products is the method of valuation. The so-called fair value must be determined by an expert assessment carried out on a professional basis by marketers. However, the disadvantage of this method is that it is very difficult to predict the market price of agricultural products, because such prices can often change under the influence of supply and demand, the product has the property of rapid deterioration and loss of appearance. It is concluded that the methods of administrative and legal support of production and circulation of organic products is a set of general and special methods of theory of administrative and legal support of production and circulation of organic products aimed at strengthening the authority of the executive branch to inspire real confidence in it as leading factor in ensuring their rights, freedoms and legitimate interests and become an effective factor in improving the effectiveness of these activities.

SUBJECT COMPOSITION OF PUBLIC AND LEGAL DISPUTES IN THE FIELD OF PROTECTION OF SOCIO-ECONOMIC HUMAN RIGHTS

Arina Oliynyk

Applicant at the Department of Public Administration and Customs Administration
University of Customs and Finance (Dnipro, Ukraine)

ORCID ID: 0000-0002-3583-8458

Anotation. The paper describes the subject composition of public law disputes in the field of protection of socioeconomic human rights. The author has classified subjects according to the content of functional competence; in accordance with the procedure for establishing authorized bodies, the activities of which determine the implementation of socio-economic human rights; on the content of relations related to the implementation of socio-economic rights; by the nature of the administrative proceedings and other criteria. The study substantiates the feasibility of revising the legislative approach to understanding such an administrative-procedural category as "plaintiff in a public law dispute" in terms of establishing the possibility of filing an administrative application not only to protect their rights or legally protected interests, but also to ensure rights. and the interests of a particular social community, which determines the need for amendments to the current Code of Administrative Procedure of Ukraine.
Keywords: The paper describes the subject composition of public law disputes in the field of protection of socioeconomic human rights. The author has classified subjects according to the content of functional competence; in accordance with the procedure for establishing authorized bodies, the activities of which determine the implementation of socio-economic human rights; on the content of relations related to the implementation of socio-economic rights; by the nature of the administrative proceedings and other criteria. The study substantiates the feasibility of revising the legislative approach to understanding such an administrative-procedural category as "plaintiff in a public law dispute" in terms of establishing the possibility of filing an administrative application not only to protect their rights or legally protected interests, but also to ensure rights. and the interests of a particular social community, which determines the need for amendments to the current Code of Administrative Procedure of Ukraine.

CIRCUMSTANCES TO BE ESTABLISHED TIME OF INTERROGATION OF PARTICIPANTS OF ORGANIZED CRIMINAL GROUPS AND CRIMINAL ORGANIZATIONS

Artem Ploskonos

Adjunct at the Department of Forensics and Forensic Medicine
National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0002-5216-0255

Anotation. The article is devoted to the study of the circumstances that need to be established during the interrogation of members of organized criminal groups and criminal organizations. The issues that will help the investigator to form an idea of the subject of the interrogation and the circumstances that need to be established during the investigation are outlined. Their classification according to the corresponding criteria is offered: 1. Circumstances which are subject to proof and the list of which, is exhaustively resulted in Art. 91 of the Criminal Procedure Code of Ukraine. 2. Circumstances that form the content of the forensic characteristics of the crime (typical and specific elements of the forensic characteristics and correlations between them): information about the participants of the OCG (personal characteristics, distribution of roles, functions performed, duration of participation in the OCG, involvement in other episodes of criminal activities); information about the victim or victims; information on the manner of committing a criminal offense (preparation for a crime, its direct commission, concealment of the criminal result and its consequences); information on material traces of the crime (the possibility of obtaining evidentiary information or information that will be indicative); information on the means and tools used to commit the crime (legality of their acquisition, place of storage); information on the time and place of commission of crimes (established in accordance with each specific episode of criminal activity); information on material damage caused by criminal activity. 3. Circumstances that form the content of the criminal-legal characteristics of a specific crime or type (group) of crimes: the composition of the crime (subject, object, subjective and objective side of the crime); qualifying and especially qualifying features of the crime; nature (type and amount) of punishment for the crime; special types of exemption from criminal liability or circumstances that exclude the criminality of the act. 4. Specific circumstances that shape the content of the indicative information, but have legal significance (ie allow the investigator to visit the versions and plan individual SRDs in order to verify them, such as the p resence of an alibi).
Keywords: The article is devoted to the study of the circumstances that need to be established during the interrogation of members of organized criminal groups and criminal organizations. The issues that will help the investigator to form an idea of the subject of the interrogation and the circumstances that need to be established during the investigation are outlined. Their classification according to the corresponding criteria is offered: 1. Circumstances which are subject to proof and the list of which, is exhaustively resulted in Art. 91 of the Criminal Procedure Code of Ukraine. 2. Circumstances that form the content of the forensic characteristics of the crime (typical and specific elements of the forensic characteristics and correlations between them): information about the participants of the OCG (personal characteristics, distribution of roles, functions performed, duration of participation in the OCG, involvement in other episodes of criminal activities); information about the victim or victims; information on the manner of committing a criminal offense (preparation for a crime, its direct commission, concealment of the criminal result and its consequences); information on material traces of the crime (the possibility of obtaining evidentiary information or information that will be indicative); information on the means and tools used to commit the crime (legality of their acquisition, place of storage); information on the time and place of commission of crimes (established in accordance with each specific episode of criminal activity); information on material damage caused by criminal activity. 3. Circumstances that form the content of the criminal-legal characteristics of a specific crime or type (group) of crimes: the composition of the crime (subject, object, subjective and objective side of the crime); qualifying and especially qualifying features of the crime; nature (type and amount) of punishment for the crime; special types of exemption from criminal liability or circumstances that exclude the criminality of the act. 4. Specific circumstances that shape the content of the indicative information, but have legal significance (ie allow the investigator to visit the versions and plan individual SRDs in order to verify them, such as the p resence of an alibi).

ORGANIZATIONAL AND LEGAL FORMS OF IMPLEMENTATION OF THE CLUSTER APPROACH IN THE FIELD OF RAILWAY TRANSPORT

Roman Prokopiev

Applicant at the Department of Economic Law
Yaroslav Mudryi National Law University (Kharkiv, Ukraine)

ORCID ID: 0000-0001-9981-8483

Anotation. In the provisions of the scientific article the author explores the possibility of applying a cluster approach in the field of railway transport, because the railway market in modern conditions must be cost-effective in meeting public transport needs and ensure the individual interest of market participants. The analysis of features of organizational and legal forms of railway microclusters depending on their territorial location is carried out, namely tourist railway cluster, railway-industrial cluster, railway agro-industrial cluster, railway microcluster of restoration and development of temporarily occupied territories of Ukraine, cross-border microcluster. The legal form of the organization of cooperation of subjects within the limits of a railway cluster – public-private partnership is offered. It is emphasized that the triangle of public-municipal-private partnership should ensure the development of regions, the formation of a competitive market and ensure the effective participation of private partners in business activities.
Keywords: In the provisions of the scientific article the author explores the possibility of applying a cluster approach in the field of railway transport, because the railway market in modern conditions must be cost-effective in meeting public transport needs and ensure the individual interest of market participants. The analysis of features of organizational and legal forms of railway microclusters depending on their territorial location is carried out, namely tourist railway cluster, railway-industrial cluster, railway agro-industrial cluster, railway microcluster of restoration and development of temporarily occupied territories of Ukraine, cross-border microcluster. The legal form of the organization of cooperation of subjects within the limits of a railway cluster – public-private partnership is offered. It is emphasized that the triangle of public-municipal-private partnership should ensure the development of regions, the formation of a competitive market and ensure the effective participation of private partners in business activities.

METHODS OF FRAUD THAT ARE USING ELECTRONIC COMPUTERS AS AN ELEMENT OF THEIR FORENSIC CHARACTERISTICS

Tetiana Romanenko

Associate Professor at the Department Forensics and Forensic Medicine
National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0003-2073-3466

Anotation. The peculiarities of the methods of fraud committed by illegal operations using electronic computers have been studied. It is concluded that the methods of fraud committed by illegal operations using electronic computers – is a set of actions of the offender, which consists in a certain order, sequence and specific method of activity of the person of the fraudster aimed at preparing, committing and concealing a specific crime. There is no exhaustive list of ways to commit this crime, but the most widespread in recent years have been the following: fraudulent seizure of citizens’ money; creation of online auctions by providing inaccurate data and offers to sell non-existent goods; creation and maintenance of the online store; transfer of funds from bank cards by fraudulently obtaining confidential data; fraudulent seizure of money of foreign citizens; fraudulent misappropriation of funds by creating or using the sites of charitable organizations, the creation and operation of fictitious financial exchanges.
Keywords: The peculiarities of the methods of fraud committed by illegal operations using electronic computers have been studied. It is concluded that the methods of fraud committed by illegal operations using electronic computers – is a set of actions of the offender, which consists in a certain order, sequence and specific method of activity of the person of the fraudster aimed at preparing, committing and concealing a specific crime. There is no exhaustive list of ways to commit this crime, but the most widespread in recent years have been the following: fraudulent seizure of citizens’ money; creation of online auctions by providing inaccurate data and offers to sell non-existent goods; creation and maintenance of the online store; transfer of funds from bank cards by fraudulently obtaining confidential data; fraudulent seizure of money of foreign citizens; fraudulent misappropriation of funds by creating or using the sites of charitable organizations, the creation and operation of fictitious financial exchanges.

THE PROBLEM OF BALANCING THE CREDITORS AND DEBTORS’ INTERESTS WITHIN FIDUCIA FOR SECURITY PURPOSES LEGAL CONSTRACTION

Anastasia Riabchynska

Postgraduate at the Department of Civil and Labour Law
Law Institute
Kyiv National Economic University named after Vadym Hetman (Kyiv, Ukraine)

ORCID ID: 0000-0002-7727-8559

Anotation. The urgent problem of ensuring the balancing of interests between creditor (fiduciar) and debtor (fiducia founder) within legal relationship of fiducia for security purposes is investigated in the article. The application of analysis and synthesis methods allowed the author to highlight the shortcomings of national civil law governing the right of fiducia ownership as a means of ensuring the fulfillment of the obligation. The using comparative method helps the author to express her own suggestion for improving certain provisions of the Civil Code of Ukraine, taking into account the provisions of foreign legislation. The necessity of securing the interests of the debtor as a weak party in the fiduciary transfer of ownership relationships who is not able to satisfy her own proprietary interest to property transferred to fiduciary ownership as a returning of such property in case of violation of fiducia contract terms by the fiduciar is substantiated in the article.
Keywords: The urgent problem of ensuring the balancing of interests between creditor (fiduciar) and debtor (fiducia founder) within legal relationship of fiducia for security purposes is investigated in the article. The application of analysis and synthesis methods allowed the author to highlight the shortcomings of national civil law governing the right of fiducia ownership as a means of ensuring the fulfillment of the obligation. The using comparative method helps the author to express her own suggestion for improving certain provisions of the Civil Code of Ukraine, taking into account the provisions of foreign legislation. The necessity of securing the interests of the debtor as a weak party in the fiduciary transfer of ownership relationships who is not able to satisfy her own proprietary interest to property transferred to fiduciary ownership as a returning of such property in case of violation of fiducia contract terms by the fiduciar is substantiated in the article.

DISCOVERED WORK OF A SERVICE DOG AS ONE OF THE FORMS OF CYNOLOGICAL ACTIVITY

Vadym Seliukov

Candidate of Legal Sciences, Associate Professor, Associate Professor at the Department of Police Activity and Public Administration
Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0002-6690-6484

Anotation. Law enforcement is directly related to the activities of certain entities. In turn, the features of the functions of the present of the subjects most often consist in countering illegal manifestations, identifying them, as well as identifying persons involved in one or another action. The history of dog breeding dates back to ancient times, modern historians have not yet determined the exact date, and apparently will not. But the main thing is known: the domestication of the wolf was due to the fact that a person highly appreciated his hunting qualities. In the same way, by joint hunting, the taming of an ancient wolf by prehistoric man took place. And until now, the hunting qualities of a dog are the most valuable in service cynology. A dog is able to find a person involved in some event in a matter of minutes only when he comes to the place of the event. Such a dog will find a person in any situation: when searching for a criminal who fled from the scene, when finding an illegal migrant or a scout who is hiding, when pursuing a person, runs away and in many other situations, including the search for a person lost in a forest or city. The development of a dog's ability to search for people is based solely on the hunting instinct, therefore its development in a service dog is extremely important. And there is currently no generalized material that would contain the main provisions of the search cynological activity in Ukraine. It is worth noting that our research is based mainly on the provisions of regulations and recommendations, however, given the specificity of the topic, a number of other literatures have been analyzed.
Keywords: Law enforcement is directly related to the activities of certain entities. In turn, the features of the functions of the present of the subjects most often consist in countering illegal manifestations, identifying them, as well as identifying persons involved in one or another action. The history of dog breeding dates back to ancient times, modern historians have not yet determined the exact date, and apparently will not. But the main thing is known: the domestication of the wolf was due to the fact that a person highly appreciated his hunting qualities. In the same way, by joint hunting, the taming of an ancient wolf by prehistoric man took place. And until now, the hunting qualities of a dog are the most valuable in service cynology. A dog is able to find a person involved in some event in a matter of minutes only when he comes to the place of the event. Such a dog will find a person in any situation: when searching for a criminal who fled from the scene, when finding an illegal migrant or a scout who is hiding, when pursuing a person, runs away and in many other situations, including the search for a person lost in a forest or city. The development of a dog's ability to search for people is based solely on the hunting instinct, therefore its development in a service dog is extremely important. And there is currently no generalized material that would contain the main provisions of the search cynological activity in Ukraine. It is worth noting that our research is based mainly on the provisions of regulations and recommendations, however, given the specificity of the topic, a number of other literatures have been analyzed.

JUDGE INDEPENDENCE: ORGANIZATIONAL GUARANTEES

Volodymyr Serdynskiy

Postgraduate Student at the Department of Criminal Law, Criminology and Judiciary
V. M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0001-6674-019X

Anotation. The author of the article analyzes various doctrinal approaches to defining the concept of judicial independence. Despite the recent large-scale judicial reform, it is necessary to state a number of problems regarding the organization and functioning of the judicial branch, as well as problems related to the right of citizens to access to justice and a fair trial. The article provides a broad analysis of a number of Conclusions of the Consultative Council of European Judges, which are only advisory in nature, but at the same time lay the foundations for pan-European standards of guarantees for the independence of judges and the judiciary. Council of Europe documents, as well as the CCEJ conclusions, highlight the main aspects of the independence of judges, which must be clearly and properly regulated in national law, such as the procedures for the appointment, career advancement of judges, requirements for independent decision-makers appointment to office, responsibility of judges. The author of the article concludes that the main European and international standards of judicial independence are taken into account by national legislation, but problems remain in practice, and it is still not possible to restore public confidence in the judiciary.
Keywords: The author of the article analyzes various doctrinal approaches to defining the concept of judicial independence. Despite the recent large-scale judicial reform, it is necessary to state a number of problems regarding the organization and functioning of the judicial branch, as well as problems related to the right of citizens to access to justice and a fair trial. The article provides a broad analysis of a number of Conclusions of the Consultative Council of European Judges, which are only advisory in nature, but at the same time lay the foundations for pan-European standards of guarantees for the independence of judges and the judiciary. Council of Europe documents, as well as the CCEJ conclusions, highlight the main aspects of the independence of judges, which must be clearly and properly regulated in national law, such as the procedures for the appointment, career advancement of judges, requirements for independent decision-makers appointment to office, responsibility of judges. The author of the article concludes that the main European and international standards of judicial independence are taken into account by national legislation, but problems remain in practice, and it is still not possible to restore public confidence in the judiciary.

COMPARATIVE ANALYSIS OF THE JURY TRIAL IN CIVIL PROCESS OF UKRAINE, EUROPE AND THE USA

Vika Smirnova

Graduate Student at the Department of Civil Law and Procedure
National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0003-0096-1461

Anotation. The article is devoted to a comparative analysis of the jury in the civil proceedings of European countries, the United States of America and Ukraine, highlighting the functioning of the institution of public representation in various national legal systems, exploring the possibilities of legal implementation of European and international experience in the judicial system of Ukraine in order to improve the functioning of the jury. It is concluded that the foreign experience of involving jurors in civil cases can be partially applied, but taking into account the peculiarities of the national legal system and the readiness of the judiciary to work in the new regime. In our opinion, taking into account the case law of European countries, the most effective is the introduction of a mixed jury in the civil proceedings of Ukraine, but not only in a separate proceeding, but also in litigation. Given the above, more detailed scientific research is needed on those categories of civil cases in which it is appropriate and effective to involve jurors.
Keywords: The article is devoted to a comparative analysis of the jury in the civil proceedings of European countries, the United States of America and Ukraine, highlighting the functioning of the institution of public representation in various national legal systems, exploring the possibilities of legal implementation of European and international experience in the judicial system of Ukraine in order to improve the functioning of the jury. It is concluded that the foreign experience of involving jurors in civil cases can be partially applied, but taking into account the peculiarities of the national legal system and the readiness of the judiciary to work in the new regime. In our opinion, taking into account the case law of European countries, the most effective is the introduction of a mixed jury in the civil proceedings of Ukraine, but not only in a separate proceeding, but also in litigation. Given the above, more detailed scientific research is needed on those categories of civil cases in which it is appropriate and effective to involve jurors.

THE PROSECUTOR IN THE ADMINISTRATIVE PROCESS: THE PROBLEMS OF REALIZING HIS PROCESSUAL STATUS

Iryna Sobolieva

Graduate Student at the Department of Administrative Law Zaporizhzhia National University, Prosecutor Ensuring the Litigation Activities
Representative Office of the State Interests in the Court of the Prosecutor’s Office of Zaporizhzhia Region (Zaporizhzhia, Ukraine)

ORCID ID: 0000-0003-2678-1952

Anotation. The article analyzes the problems of exercising the powers of the prosecutor at the stage of reviewing court decisions in the administrative court, suggests ways to eliminate them. The issue of submission of additional evidence by the prosecutor in the appellate instance in case of appeal by the prosecutor of the decision of the court of first instance, in which he did not participate, was studied. The need for additional regulation of the prosecutor’s acquaintance with the materials of the administrative case in court, as well as a clear definition of the procedure for the prosecutor’s entry into the administrative case, the possibility of appealing such entry by other participants in the process. The problems of returning the court fee for satisfied claims of the prosecutor are outlined, the necessity of exemption from payment of the court fee when applying to the administrative court by all public authorities is substantiated.
Keywords: The article analyzes the problems of exercising the powers of the prosecutor at the stage of reviewing court decisions in the administrative court, suggests ways to eliminate them. The issue of submission of additional evidence by the prosecutor in the appellate instance in case of appeal by the prosecutor of the decision of the court of first instance, in which he did not participate, was studied. The need for additional regulation of the prosecutor’s acquaintance with the materials of the administrative case in court, as well as a clear definition of the procedure for the prosecutor’s entry into the administrative case, the possibility of appealing such entry by other participants in the process. The problems of returning the court fee for satisfied claims of the prosecutor are outlined, the necessity of exemption from payment of the court fee when applying to the administrative court by all public authorities is substantiated.

THE DEFINITION OF ASYLUM-SEEKERS IN INTERNATIONAL LAW

Ihor Soroka

PhD Candidate at the Department of International and European Law
National University “Odessa Law Academy” (Odesa, Ukraine)

ORCID ID: 0000-0003-2122-7936

Anotation. Modern international law distinguishes the institution of asylum law, which is closely related to the institution of asylum. At the same time, there is a contradiction between the right of a person to seek asylum and the lack of a corresponding obligation on States to grant asylum. The article explores the concept of an asylum seeker in international law using the methods of analysis and synthesis and the comparative legal method. Because of this, an increasing number of people moving across state borders will in future be seen as asylum seekers, but not refugees. The article considers the concept of asylum seekers in international law. There are specific elements of the right of asylum. It turns out that asylum seekers are a special category in international law.
Keywords: Modern international law distinguishes the institution of asylum law, which is closely related to the institution of asylum. At the same time, there is a contradiction between the right of a person to seek asylum and the lack of a corresponding obligation on States to grant asylum. The article explores the concept of an asylum seeker in international law using the methods of analysis and synthesis and the comparative legal method. Because of this, an increasing number of people moving across state borders will in future be seen as asylum seekers, but not refugees. The article considers the concept of asylum seekers in international law. There are specific elements of the right of asylum. It turns out that asylum seekers are a special category in international law.

INFLUENCE OF LEGISLATIVE TECHNICAL ON THE QUALITY OF CRIMINAL LAW OF UKRAINE

Anna Sokhikian

Applicant at the Department of Criminal Law
Yaroslav Mudryi National Law University (Kharkiv, Ukraine)

ORCID ID: 0000-0002-3555-9512

Anotation. The article is devoted to the study of the influence of legislative technical on the quality of criminal law of Ukraine. The rules, methods and means of legislative technical which is used to ensure the quality of the criminal law of Ukraine are considered. The author pays special attention to the means of legislative technique, namely legal construct, definitions, presumptions, fictions and axioms. It is concluded that the quality of criminal law is an integral part of it. It is inherent in both the form and content of criminal law. Achieving a quality criminal law is possible through the application of rules, techniques and means of legislative technique. Rules and techniques of legislative technique are more inherent in the form of criminal law, while the formation of the qualitative content of criminal law is possible only with the use of legislative techniques. Such means are legal constructions, definitions, fictions, presumptions and axioms. Legislative technique is an integral part of legislative activity, because without following its guidelines, the form of the legal act will be damaged, which in turn will lead to changes in the content and ultimately affect the quality of the law. It is concluded that the quality of criminal law is an integral part of it. It is inherent in both the form and content of criminal law. Achieving a quality criminal law is possible through the application of rules, techniques and means of legislative technique. Rules and techniques of legislative technique are more inherent in the form of criminal law, while the formation of the qualitative content of criminal law is possible only with the use of legislative techniques. Such means are legal constructions, definitions, fictions, presumptions and axioms. Legislative technique is an integral part of legislative activity, because without following its guidelines, the form of the legal act will be damaged, which in turn will lead to changes in the content and ultimately affect the quality of the law.
Keywords: The article is devoted to the study of the influence of legislative technical on the quality of criminal law of Ukraine. The rules, methods and means of legislative technical which is used to ensure the quality of the criminal law of Ukraine are considered. The author pays special attention to the means of legislative technique, namely legal construct, definitions, presumptions, fictions and axioms. It is concluded that the quality of criminal law is an integral part of it. It is inherent in both the form and content of criminal law. Achieving a quality criminal law is possible through the application of rules, techniques and means of legislative technique. Rules and techniques of legislative technique are more inherent in the form of criminal law, while the formation of the qualitative content of criminal law is possible only with the use of legislative techniques. Such means are legal constructions, definitions, fictions, presumptions and axioms. Legislative technique is an integral part of legislative activity, because without following its guidelines, the form of the legal act will be damaged, which in turn will lead to changes in the content and ultimately affect the quality of the law. It is concluded that the quality of criminal law is an integral part of it. It is inherent in both the form and content of criminal law. Achieving a quality criminal law is possible through the application of rules, techniques and means of legislative technique. Rules and techniques of legislative technique are more inherent in the form of criminal law, while the formation of the qualitative content of criminal law is possible only with the use of legislative techniques. Such means are legal constructions, definitions, fictions, presumptions and axioms. Legislative technique is an integral part of legislative activity, because without following its guidelines, the form of the legal act will be damaged, which in turn will lead to changes in the content and ultimately affect the quality of the law.

RESPECT FOR THE COURT AS A NECESSARY CONDITION FOR JUDICIAL INDEPENDENCE

Nadiya Stashkiv

Judge, Ternopil City District Court of the Ternopil Region, Graduate Student at the Department of Theory and History of State and Law
Western Ukrainian National University (Ternopil, Ukraine)

ORCID ID: 0000-0002-7832-5388

Anotation. In the scientific article, the author explores the category of “respect for the court”, based on the fact that respect for the court is the most important condition for the independence of the court. The article analyzes the level of legislative definition of the principle of respect for the court in Ukraine. The content of this category is disclosed in terms of two components – psychological-sociological and legal, using the analysis of the legal positions of the ECtHR on this issue. From a psychological-sociological point of view, respect for the court forms the justice of court decisions; honesty, objectivity and impartiality of the judge in the eyes of the parties; efficiency of justice (execution of court decisions); informational influence of mass media, etc. In the legal field, respect for the court in Ukraine is not fully enshrined in law, as responsibilities for discrediting, defaming judges, extrajudicial pressure on them and other actions intentionally committed to humiliate the court and undermine its authority (so-called scandalization of justice), not legally established. Emphasis is placed on the expediency of legislative consolidation of the presumption of good faith of a judge, which will provide a credit of public trust for a court decision. Only ensuring a high level of respect for the court in the judicial process and in society will make it possible to achieve real judicial independence and thus guarantee the rule of law.
Keywords: In the scientific article, the author explores the category of “respect for the court”, based on the fact that respect for the court is the most important condition for the independence of the court. The article analyzes the level of legislative definition of the principle of respect for the court in Ukraine. The content of this category is disclosed in terms of two components – psychological-sociological and legal, using the analysis of the legal positions of the ECtHR on this issue. From a psychological-sociological point of view, respect for the court forms the justice of court decisions; honesty, objectivity and impartiality of the judge in the eyes of the parties; efficiency of justice (execution of court decisions); informational influence of mass media, etc. In the legal field, respect for the court in Ukraine is not fully enshrined in law, as responsibilities for discrediting, defaming judges, extrajudicial pressure on them and other actions intentionally committed to humiliate the court and undermine its authority (so-called scandalization of justice), not legally established. Emphasis is placed on the expediency of legislative consolidation of the presumption of good faith of a judge, which will provide a credit of public trust for a court decision. Only ensuring a high level of respect for the court in the judicial process and in society will make it possible to achieve real judicial independence and thus guarantee the rule of law.

PUBLIC SERVICE CONTRACT AS A BASIS FOR EMERGENCE OF PUBLIC SERVICE RELATIONS

Oleg Stets

PhD in Law, Associate Professor, Head of the Department of Constitutional, International and Private Law Kryvyi Rih Faculty
National University “Odesa Law Academy” (Kryvyi Rih, Dnipropetrovsk region, Ukraine)

ORCID ID: 0000-0003-4211-2687

Anotation. The article is devoted to establishing the essence of the contract on public service as a basis for the emergence of public service relations. It is determined that a public service contract is an agreement between a person appointed to a public service position and a subject of appointment / head of public service, under which a person undertakes to perform state tasks and achieve certain indicators of effectiveness, efficiency and quality of their performance, and the subject of appointment / head of the public service – to create appropriate working conditions, timely and in full to provide the person with material and technical resources necessary for the performance of his official duties, as provided by the Law of Ukraine “On Public Service” and other regulations acts governing relations in the public service. The features that are inherent in the contract of public service as the basis for the emergence of public service relations are identified: 1) is a legally established prerequisite for holding a public service position; 2) is part of the act of appointment to the position of public service and relates to a specific area of employment – service in a public body; 3) is an individual act, as it concerns the implementation of the rights and obligations of specific subjects of public service relations; 4) is a consequential act, because it provides for the occurrence of factual and legal consequences, defining their spatial and temporal boundaries; 5) is a fixed-term contract that may be extended in certain cases for a period established by the legislation on public service; 6) is the basis for establishing additional conditions of public service. The procedure for concluding a public service contract is defined as a procedure regulated by the norms of official law for holding a public service position, which is aimed at making effective decisions on personnel management in public bodies to perform tasks and functions of such bodies and / or their structural units. nature.
Keywords: The article is devoted to establishing the essence of the contract on public service as a basis for the emergence of public service relations. It is determined that a public service contract is an agreement between a person appointed to a public service position and a subject of appointment / head of public service, under which a person undertakes to perform state tasks and achieve certain indicators of effectiveness, efficiency and quality of their performance, and the subject of appointment / head of the public service – to create appropriate working conditions, timely and in full to provide the person with material and technical resources necessary for the performance of his official duties, as provided by the Law of Ukraine “On Public Service” and other regulations acts governing relations in the public service. The features that are inherent in the contract of public service as the basis for the emergence of public service relations are identified: 1) is a legally established prerequisite for holding a public service position; 2) is part of the act of appointment to the position of public service and relates to a specific area of employment – service in a public body; 3) is an individual act, as it concerns the implementation of the rights and obligations of specific subjects of public service relations; 4) is a consequential act, because it provides for the occurrence of factual and legal consequences, defining their spatial and temporal boundaries; 5) is a fixed-term contract that may be extended in certain cases for a period established by the legislation on public service; 6) is the basis for establishing additional conditions of public service. The procedure for concluding a public service contract is defined as a procedure regulated by the norms of official law for holding a public service position, which is aimed at making effective decisions on personnel management in public bodies to perform tasks and functions of such bodies and / or their structural units. nature.

THE PRINCIPLE OF PROPORTIONALITY IN ADMINISTRATIVE PROCEEDINGS ABOUT USING SANCTIONS TO ENTITIES

Oleksandr Tanchyk

Graduate Student at the Department of State and Legal Disciplines
V. N. Karazin Kharkiv National University (Kharkiv, Ukraine)

ORCID ID: 0000-0003-2912-0324

Anotation. The article is dedicated to the definition of content and ways of realization of the principle of proportionality in administrative proceedings about using sanctions to entities. The principle of proportionality that is based on the analysis of doctrinal provisions considered as a demand to keep the necessary balance between any adverse consequences for rights, freedoms, and interests of legal entity in administrative proceedings, and purposes to be achieved by applying administrative sanctions to it. In article is made a conclusion about that there is no established approach about creating mechanism of providing realization of the principle of proportionality in administrative proceedings concerning using sanctions to entities for today in the science of administrative law and administrative legislation. The most of normative constructions about using sanctions in administrative order does not provide at all or provides the realization of the principle of proportionality in a very limited form. In the article there is highlighted and described five main ways of realization of the principle of proportionality in administrative proceedings about using sanctions to entities, especially the way of conditional (quantitative) proportionality, the way of discretionary proportionality, the way of stepwise proportionality, the way of integral proportionality. the most effective and easy in realization is the way of “stepwise proportionality” that consists in using sanctions gradually from relatively mild to the most cruel provided that the previous one are not effective and further to the absolute achievement of the purpose.
Keywords: The article is dedicated to the definition of content and ways of realization of the principle of proportionality in administrative proceedings about using sanctions to entities. The principle of proportionality that is based on the analysis of doctrinal provisions considered as a demand to keep the necessary balance between any adverse consequences for rights, freedoms, and interests of legal entity in administrative proceedings, and purposes to be achieved by applying administrative sanctions to it. In article is made a conclusion about that there is no established approach about creating mechanism of providing realization of the principle of proportionality in administrative proceedings concerning using sanctions to entities for today in the science of administrative law and administrative legislation. The most of normative constructions about using sanctions in administrative order does not provide at all or provides the realization of the principle of proportionality in a very limited form. In the article there is highlighted and described five main ways of realization of the principle of proportionality in administrative proceedings about using sanctions to entities, especially the way of conditional (quantitative) proportionality, the way of discretionary proportionality, the way of stepwise proportionality, the way of integral proportionality. the most effective and easy in realization is the way of “stepwise proportionality” that consists in using sanctions gradually from relatively mild to the most cruel provided that the previous one are not effective and further to the absolute achievement of the purpose.

CERTAIN ASPECTS OF THE SOCIAL FACTOR IN PROVIDING CYBER SECURITY OF SOCIETY

Anatoliy Tarasyuk

Candidate of Law, Chief Researcher at the Scientific Laboratory for Information and Cyber Security
Research Institute of Informatics and Law of the National Academy of Pedagogical Sciences of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0002-0479-0666

Anotation. This paper defines the place in the system of scientific knowledge of the general theory of information security, which consolidates all parts of the information-cognitive whole in the system of information and cyber security, as well as the specifics of its development and main tasks. The extraordinary importance of protecting society from information and cybernetic challenges and threats necessitates the formation of a general theory of information security, especially its socio-philosophical foundations. At the same time, the social information and security measures considered in the article will become a guarantee of dissemination and approval in society, within the framework of the newly created general scientific theory of information and cyber security, the corresponding socio-philosophical concept. The peculiarities of the general theory of cyber security, which is at the stage of its formation, are clarified. The place in the system of scientific knowledge and the main tasks of this theory, designed to integrate all information and cognitive components in the information and security system, are determined. The special importance and significance of protection against challenges and threats in the information sphere determine the urgent need to lay the socio-philosophical foundations of the general theory of information and cyber security. At the same time, social information and security measures will promote and popularize the social and philosophical concept of information and cybersecurity in the public consciousness. These principles, in our opinion, will concretize this theory, give impetus to its development, paving the humanistic direction. And this, in turn, will lead to appropriate transformations of public consciousness to understand the essence of information and cybersecurity, its features and significance.
Keywords: This paper defines the place in the system of scientific knowledge of the general theory of information security, which consolidates all parts of the information-cognitive whole in the system of information and cyber security, as well as the specifics of its development and main tasks. The extraordinary importance of protecting society from information and cybernetic challenges and threats necessitates the formation of a general theory of information security, especially its socio-philosophical foundations. At the same time, the social information and security measures considered in the article will become a guarantee of dissemination and approval in society, within the framework of the newly created general scientific theory of information and cyber security, the corresponding socio-philosophical concept. The peculiarities of the general theory of cyber security, which is at the stage of its formation, are clarified. The place in the system of scientific knowledge and the main tasks of this theory, designed to integrate all information and cognitive components in the information and security system, are determined. The special importance and significance of protection against challenges and threats in the information sphere determine the urgent need to lay the socio-philosophical foundations of the general theory of information and cyber security. At the same time, social information and security measures will promote and popularize the social and philosophical concept of information and cybersecurity in the public consciousness. These principles, in our opinion, will concretize this theory, give impetus to its development, paving the humanistic direction. And this, in turn, will lead to appropriate transformations of public consciousness to understand the essence of information and cybersecurity, its features and significance.

CONCEPT-CATEGORIAL APPARATUS OF ADMINISTRATIVE-LEGAL REGULATION OF CREATION OF A STATE SYSTEM OF THE CRITICAL INFRASTRUCTURE PROTECTION

Serhii Telenyk

Candidate of Law Science

ORCID ID: 0000-0002-1328-7595

Anotation. The creation of a state system of the critical infrastructure protection simultaneously acts as a scientific, law making and law enforcement problem. Therefore, the study of this sphere is of particular importance. The logic of the article provides for the transition from the general to the particular. First, the author considers such key elements of the methodology of science as a concept (legal concept), category (legal category). Then he formulates his own definition of the essence of the conceptual-categorical apparatus of science. Under it, he proposes to understand the constantly updated result of scientific knowledge and systematization of existing scientifically confirmed information in a certain field of knowledge with a projection on the theory and practice of activity. Among the functions of the conceptual-categorical apparatus, he singles out as especially important: ontological, epistemological, nominative, accumulative, instrumental-technological, heuristic, expert-evaluative, regulatory and managerial. The scientist proposed to establish a set of procedures that make it possible to analyze the conceptualcategorical apparatus most fully. The scientist also conducted a content analysis of the texts of the most significant doctrinal and legal sources. As a result, he revealed the breadth of the range of the conceptual-categorical apparatus of the chosen topic and classified the terminology into nine groups. Further logical and semantic analysis of key terms revealed what exactly needs to be improved in the current regulatory framework of Ukraine in the field of the critical infrastructure protection.
Keywords: The creation of a state system of the critical infrastructure protection simultaneously acts as a scientific, law making and law enforcement problem. Therefore, the study of this sphere is of particular importance. The logic of the article provides for the transition from the general to the particular. First, the author considers such key elements of the methodology of science as a concept (legal concept), category (legal category). Then he formulates his own definition of the essence of the conceptual-categorical apparatus of science. Under it, he proposes to understand the constantly updated result of scientific knowledge and systematization of existing scientifically confirmed information in a certain field of knowledge with a projection on the theory and practice of activity. Among the functions of the conceptual-categorical apparatus, he singles out as especially important: ontological, epistemological, nominative, accumulative, instrumental-technological, heuristic, expert-evaluative, regulatory and managerial. The scientist proposed to establish a set of procedures that make it possible to analyze the conceptualcategorical apparatus most fully. The scientist also conducted a content analysis of the texts of the most significant doctrinal and legal sources. As a result, he revealed the breadth of the range of the conceptual-categorical apparatus of the chosen topic and classified the terminology into nine groups. Further logical and semantic analysis of key terms revealed what exactly needs to be improved in the current regulatory framework of Ukraine in the field of the critical infrastructure protection.

METHODOLOGY OF RESEARCH OF LEGAL REGULATION OF POLICE ACTIVITY

Lina Tovpyha

Postgraduate Student at the Department of Theory of State and Law National Academy of Internal Affairs, Teacher of Law
Kyiv Municipal Medical College (Kyiv, Ukraine)

ORCID ID: 0000-0003-0625-1188

Anotation. In the provisions of the scientific article, considers modern views on the problematic issues of the methodology of legal science, definition and application of methodological approaches and methods of scientific knowledge in the process of studying the legal regulation of policing in Ukraine and continental Europe. Thus, based on the analysis, we found that there is a problem of understanding the pluralism of scientific approaches to the methodology itself as a subject of scientific research. Since Ukraine has taken a vector for Europe, it is extremely important to strive for order in the laws and peculiarities of formation, development of different types of law, as well as the legal regulation of policing. To establish and determine the patterns of development of legal regulation of police activities and legal regulation of police activities in continental Europe, it is appropriate to consider a comparative method of research. It is with his help, we will be able to establish patterns of development, by identifying common and different, in the study of comparable legal systems, learn from foreign countries and introduce a positive experience in the legal regulation of policing.
Keywords: In the provisions of the scientific article, considers modern views on the problematic issues of the methodology of legal science, definition and application of methodological approaches and methods of scientific knowledge in the process of studying the legal regulation of policing in Ukraine and continental Europe. Thus, based on the analysis, we found that there is a problem of understanding the pluralism of scientific approaches to the methodology itself as a subject of scientific research. Since Ukraine has taken a vector for Europe, it is extremely important to strive for order in the laws and peculiarities of formation, development of different types of law, as well as the legal regulation of policing. To establish and determine the patterns of development of legal regulation of police activities and legal regulation of police activities in continental Europe, it is appropriate to consider a comparative method of research. It is with his help, we will be able to establish patterns of development, by identifying common and different, in the study of comparable legal systems, learn from foreign countries and introduce a positive experience in the legal regulation of policing.

FOREIGN EXPERIENCE OF ADMINISTRATIVE AND LEGAL PROTECTION OF INVESTMENTS AND POSSIBILITIES OF ITS USE IN UKRAINE

Oleksandr Fesenko

Candidate of Law, PhD Student
Scientific Institute of Public and Space Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-3279-484X

Anotation. The relevance of the article is that the administrative and legal protection of investors' rights, as well as the entire legal mechanism of investment protection, necessitates consideration of the relationship between administrative and financial rules of investment law, including rules governing the protection of investors in different countries. The fact is that the problems of administrative-legal and financial-legal regulation of investment relations are not exclusively Ukrainian. Assessing the reasons for this situation and studying the world experience of countries that successfully solve these problems will provide an opportunity to analyze the investment activities of countries and draw on their experience. The article analyzes and summarizes the foreign experience of administrative and legal protection of investments and the possibility of its use in Ukraine. Attention is focused on the fact that the mechanism of legal regulation of investment protection in foreign countries, the functioning of the system of Executive bodies that protect investors, which differ in diversity. Foreign experience in investment protection is considered on the example of China and the United States. It was found that the practice of foreign legislation also shows that the institutional approach to investment is given in a more unambiguous form, and the main attention is paid to the description of a specific mechanism of benefits, which allows to take into account and eliminate gaps in legal regulation of investors. The difficulty of establishing an effective model of investor protection lies in the dispersion of its regulatory material. At the moment, regulations on investments and the procedure for their state support are in dire need of systematization. It is concluded that there are a number of regulations restricting foreign capital access to their markets, especially with regard to strategic assets, stateowned investors, and an in-depth understanding of the administrative procedure for reviewing foreign investment for threats to national security and understanding (possibly, and legislative consolidation) the creation of a system for reviewing such investments to clarify the subjects, objectives and evaluation criteria.
Keywords: The relevance of the article is that the administrative and legal protection of investors' rights, as well as the entire legal mechanism of investment protection, necessitates consideration of the relationship between administrative and financial rules of investment law, including rules governing the protection of investors in different countries. The fact is that the problems of administrative-legal and financial-legal regulation of investment relations are not exclusively Ukrainian. Assessing the reasons for this situation and studying the world experience of countries that successfully solve these problems will provide an opportunity to analyze the investment activities of countries and draw on their experience. The article analyzes and summarizes the foreign experience of administrative and legal protection of investments and the possibility of its use in Ukraine. Attention is focused on the fact that the mechanism of legal regulation of investment protection in foreign countries, the functioning of the system of Executive bodies that protect investors, which differ in diversity. Foreign experience in investment protection is considered on the example of China and the United States. It was found that the practice of foreign legislation also shows that the institutional approach to investment is given in a more unambiguous form, and the main attention is paid to the description of a specific mechanism of benefits, which allows to take into account and eliminate gaps in legal regulation of investors. The difficulty of establishing an effective model of investor protection lies in the dispersion of its regulatory material. At the moment, regulations on investments and the procedure for their state support are in dire need of systematization. It is concluded that there are a number of regulations restricting foreign capital access to their markets, especially with regard to strategic assets, stateowned investors, and an in-depth understanding of the administrative procedure for reviewing foreign investment for threats to national security and understanding (possibly, and legislative consolidation) the creation of a system for reviewing such investments to clarify the subjects, objectives and evaluation criteria.

NORTH ATLANTIC TREATY ORGANIZATION DISPUTE RESOLUTION SYSTEM

Pavlo Fomin

Graduate Student at the Department of International and European Law of the Faculty of Law
V. N. Karazin Kharkiv National University (Kharkiv, Ukraine)

ORCID ID: 0000-0002-1951-9860

Anotation. The article analyzes the provisions of the statutory and internal acts (NATO Civilian Personnel Regulations, annexes to it, etc.) of the North Atlantic Treaty Organization on the protection of labor rights of current or former staff of the Organization. It has been established that the reform of NATO’s domestic judicial system has resulted in a number of changes to the procedure for reviewing administrative decisions that may infringe on the rights of staff assigned to them in the terms of their appointment or the Civilian Personnel Regulations. In particular, it is stated that the system of resolving labor disputes is two-tier; applicants are given the opportunity to resolve the dispute by applying to the informal level represented by the administrative review procedure, mediation and the possibility of filing a complaint and the Administrative Tribunal, which functions as an internal judicial body. Emphasis is placed on the fact that the dispute resolution procedure at the informal level is independent, voluntary, confidential and impartial.
Keywords: The article analyzes the provisions of the statutory and internal acts (NATO Civilian Personnel Regulations, annexes to it, etc.) of the North Atlantic Treaty Organization on the protection of labor rights of current or former staff of the Organization. It has been established that the reform of NATO’s domestic judicial system has resulted in a number of changes to the procedure for reviewing administrative decisions that may infringe on the rights of staff assigned to them in the terms of their appointment or the Civilian Personnel Regulations. In particular, it is stated that the system of resolving labor disputes is two-tier; applicants are given the opportunity to resolve the dispute by applying to the informal level represented by the administrative review procedure, mediation and the possibility of filing a complaint and the Administrative Tribunal, which functions as an internal judicial body. Emphasis is placed on the fact that the dispute resolution procedure at the informal level is independent, voluntary, confidential and impartial.

THE DOCTRINE OF LEGAL REGULATION OF ALTERNATIVE ENERGY IN UKRAINE: CURRENT DEVELOPMENT TRENDS

Tetiana Kharytonova, Khrystyna Hryhorieva

Tetiana Kharytonova. Doctor of Legal Science, Professor, Head of Agrarian, Land and Environmental Law Department National University “Odesa Law Academy” (Odesa, Ukraine)
Khrystyna Hryhorieva. Doctor of Legal Science, Associate Professor at the Department of Agrarian, Land and Environmental Law National University “Odesa Law Academy” (Odesa, Ukraine)

ORCID ID: 0000-0002-7998-5089, ORCID ID: 0000-0001-7659-2178

Anotation. The article is devoted to the identification of current trends in the doctrine of legal regulation of alternative energy in Ukraine. To perform the tasks, philosophical (general scientific) and some scientific methods of cognition were used, in particular, the method of system-structural analysis, historical, comparative-legal methods, methods of interpretation of legal norms, logical-structural and other scientific methods of research of legal phenomena. The main features of the development of scientific thought in the field of legal regulation of alternative energy in Ukraine, including: 1) in the methodological aspect – an acute lack of scientific and methodological developments; 2) in the terminological aspect – a fairly short period of research in this area (limited to the period of independence of Ukraine); 3) in the substantive aspect – a) focus on harmonization with EU legislation; b) a significant share of comparative legal research; c) a significant number of essentially non-legal research aimed at proving the need and feasibility of the transition to alternative energy; d) industry fragmentation. The main trends in the development of modern legal science, which deals with the study of alternative energy, namely: a) the tendency to intensify research in this area; b) the tendency towards European integration transformation. According to the results of the analysis, the authors state that the doctrine of legal regulation of alternative energy in Ukraine is at the initial level (stage of formation).
Keywords: The article is devoted to the identification of current trends in the doctrine of legal regulation of alternative energy in Ukraine. To perform the tasks, philosophical (general scientific) and some scientific methods of cognition were used, in particular, the method of system-structural analysis, historical, comparative-legal methods, methods of interpretation of legal norms, logical-structural and other scientific methods of research of legal phenomena. The main features of the development of scientific thought in the field of legal regulation of alternative energy in Ukraine, including: 1) in the methodological aspect – an acute lack of scientific and methodological developments; 2) in the terminological aspect – a fairly short period of research in this area (limited to the period of independence of Ukraine); 3) in the substantive aspect – a) focus on harmonization with EU legislation; b) a significant share of comparative legal research; c) a significant number of essentially non-legal research aimed at proving the need and feasibility of the transition to alternative energy; d) industry fragmentation. The main trends in the development of modern legal science, which deals with the study of alternative energy, namely: a) the tendency to intensify research in this area; b) the tendency towards European integration transformation. According to the results of the analysis, the authors state that the doctrine of legal regulation of alternative energy in Ukraine is at the initial level (stage of formation).

ANALYSIS OF THE SCIENTIFIC THEORY DEVELOPMENT OF SOCIAL REHABILITATION ORGANIZATION OF CONVICTS AND RELEASED

Ihor Chalyi

Judge
Second Administrative Appeal Court (Kharkiv, Ukraine)

ORCID ID: 0000-0003-4185-2472

Anotation. The article is devoted to the social rehabilitation issue of convicted and released persons as means of crime prevention. The positions of scholars concerning the definition of the term “rehabilitation” in various scientific and practical spheres, including law, medicine, psychology, sociology and pedagogy are analyzed. The structure, types and methods of rehabilitation are also investigated. Particular attention is focused on the tendency of the necessity to ensure the rehabilitation of convicts both internationally and in Ukraine. The main components of rehabilitation aimed at adjusting to the existing living conditions and adapting them to society are indicated. The article provides a brief overview of international legal acts and relevant national legislation on the rehabilitation of convicted persons. Ways of improving rehabilitation measures according to their nature and essence are proposed.
Keywords: The article is devoted to the social rehabilitation issue of convicted and released persons as means of crime prevention. The positions of scholars concerning the definition of the term “rehabilitation” in various scientific and practical spheres, including law, medicine, psychology, sociology and pedagogy are analyzed. The structure, types and methods of rehabilitation are also investigated. Particular attention is focused on the tendency of the necessity to ensure the rehabilitation of convicts both internationally and in Ukraine. The main components of rehabilitation aimed at adjusting to the existing living conditions and adapting them to society are indicated. The article provides a brief overview of international legal acts and relevant national legislation on the rehabilitation of convicted persons. Ways of improving rehabilitation measures according to their nature and essence are proposed.

COMMON AND DISTINCTIVE SIGNS OF ELECTRONIC MEANS OF PAYMENT

Serhii Chaplian

Graduate Student at the Department of Business Law
F. H. Burchak Sсіеntific Research Institute of Рrіvаtе Law and Business of Nationality Academy of Law Sciences of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0002-1765-1323

Anotation. This article is about exploring the characteristics of electronic means of payment, primarily electronic money and virtual currencies. Despite the large number of studies on the issuance and circulation of these objects, almost all of them study either cryptocurrencies or electronic money, without paying attention to a comprehensive approach to electronic means of payment. As a result, scientific sources do not provide a holistic view of electronic means of payment as a set of specific objects that exist in electronic form and, along with money, are used to make payments. In addition, scientists do not understand which objects belong to this set. This article contains an analysis of the key characteristics of electronic money and virtual currencies, their legal nature and legal regime in circulation. The result is a generalization of common and distinctive features of these objects and the conclusion that there are sufficient grounds for their comprehensive regulation. The obtained results provide grounds both for further joint research of these legal institutions, and lay the direction for the development of relevant regulations on the regulation of the issuance and circulation of electronic means of payment.

TYPES OF ELECTRONIC EVIDENCE IN CIVIL PROCEDURE

Sergiy Chvankin

Doctor of Philosophy, Associate Professor, Chairman of the Association of Investigating Judges of Ukraine, Chairman
Kyiv District Court of Odesa (Odesa, Ukraine)

ORCID ID: 0000-0002-9800-854Х

Anotation. The scientific article describes the types of electronic evidence enshrined in civil procedural law. The content of an electronic document as a type of electronic proof is revealed. The issue of classifying a website and webpages as evidence in civil proceedings has been studied. The electronic message is characterized as a type of electronic evidence, the theoretical and practical aspects of its recognition as admissible evidence in civil proceedings are highlighted. The content of metadata and databases as an independent type of electronic evidence is revealed, and their significance in the process of proof is determined. The classification of electronic evidence according to the source of their receipt, the form of expression (reproduction) of evidentiary information that can be perceived by a person, and the nature of the content of electronic evidence. The significance of the classification of electronic evidence for establishing the procedural features of their collection, research and evaluation is analyzed.
Keywords: The scientific article describes the types of electronic evidence enshrined in civil procedural law. The content of an electronic document as a type of electronic proof is revealed. The issue of classifying a website and webpages as evidence in civil proceedings has been studied. The electronic message is characterized as a type of electronic evidence, the theoretical and practical aspects of its recognition as admissible evidence in civil proceedings are highlighted. The content of metadata and databases as an independent type of electronic evidence is revealed, and their significance in the process of proof is determined. The classification of electronic evidence according to the source of their receipt, the form of expression (reproduction) of evidentiary information that can be perceived by a person, and the nature of the content of electronic evidence. The significance of the classification of electronic evidence for establishing the procedural features of their collection, research and evaluation is analyzed.

RULE OF PRESUMPTIONS OF FAMILY LAW OF UKRAINE

Vitalii Cherneha

Ph. D, Associate Professor, Associate Professor at the Department of Business Law and Corporate Law
Kyiv National Economic University named after Vadym Hetman (Kyiv, Ukraine)

ORCID ID: 0000-0002-9118-6562

Anotation. The article is devoted to the rule of presumptions of family law of Ukraine. The work uses both general and special legal methods of scientific knowledge, in particular: formal-logical – during the development of the definition of rule of presumptions of family law, the study of analytical materials, certain scientific provisions; system-functional – to form a system of presumptions in family law, as well as to determine the place and meaning of rule presumptions of of family law in the mechanism of legal regulation of family relations; logical-semantic – helps to clarify the conceptual and categorical apparatus on the subject of research; technical and legal – to model proposals for improving family legal in Ukraine. The scientific work provides an author’s vision of the concept of rule of presumptions of family law, as well as an attempt to update the system of presumptions in family law of Ukraine. It is proved that in the Family Code of Ukraine it is expedient to enshrine the following presumptions of legality: presumption of legitimateness family law agreement, presumption of legitimateness family law verbal arrangement, presumptions of legitimateness adoption.
Keywords: The article is devoted to the rule of presumptions of family law of Ukraine. The work uses both general and special legal methods of scientific knowledge, in particular: formal-logical – during the development of the definition of rule of presumptions of family law, the study of analytical materials, certain scientific provisions; system-functional – to form a system of presumptions in family law, as well as to determine the place and meaning of rule presumptions of of family law in the mechanism of legal regulation of family relations; logical-semantic – helps to clarify the conceptual and categorical apparatus on the subject of research; technical and legal – to model proposals for improving family legal in Ukraine. The scientific work provides an author’s vision of the concept of rule of presumptions of family law, as well as an attempt to update the system of presumptions in family law of Ukraine. It is proved that in the Family Code of Ukraine it is expedient to enshrine the following presumptions of legality: presumption of legitimateness family law agreement, presumption of legitimateness family law verbal arrangement, presumptions of legitimateness adoption.

ANALYSIS OF METHODOLOGICAL APPROACHES TO THE ADVANCEMENT OF THE PROBLEMS OF OPERATIVE SERVICING BY CHILDREN OF THE CRIMINAL POLICE DEPARTMENT OF ECONOMICS, LINE OF ROBOTS, CLOSED ENTERPRISES AND TERRITORIES

Serhii Chyzh

Ph.D in Law, Doctoral Student
Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0003-4296-3246

Anotation. In the statistics, the analysis of dissertational advances at the scientific level of the Doctor of Law in Law was considered in which the nutrition of the operational service by the staff of the criminal polices of the economy of the economy, the history of the robotics The methodological approaches used by the authors to solve the tasks set before their research are established.
Keywords: In the statistics, the analysis of dissertational advances at the scientific level of the Doctor of Law in Law was considered in which the nutrition of the operational service by the staff of the criminal polices of the economy of the economy, the history of the robotics The methodological approaches used by the authors to solve the tasks set before their research are established.

INTERNATIONAL EXPERIENCE IN COUNTERACTING THE CIRCULATION OF PORNOGRAPHIC OBJECTS ON THE INTERNET AND ITS USE IN THE ACTIVITIES OF OPERATIONAL AND INVESTIGATIVE DEPARTMENTS NATIONAL POLICE OF UKRAINE

Alona Shraho

Graduate Student at the Department of Operational Search Activity
Dnipropetrovsk State University of Internal Affairs (Dnipro, Ukraine)

ORCID ID: 0000-0002-2375-8231

Anotation. The relevance of the article is that the wide publicity of the numerous facts of lewd acts committed while using the Internet, the great public response and the increased attention of the international community forced the state to recognize the existence of the problem of web-pornography. The distribution of pornography on the Internet guarantees anonymity to the distributor and the consumer, and the relative availability of ways to publish and obtain it. Widespread demand for criminal products makes it difficult to find distributors and sellers of such products, especially among foreigners. The content of the article analyzes some provisions of international and domestic legislation on combating cybercrime and pornography. Emphasis is placed on the need to develop relevant specialized software and hardware for conducting operational and investigative activities in cyberspace using international experience. The priority directions of counteraction by the units of the National Police of Ukraine to the manifestations of sale and distribution of pornographic objects on the Internet have been determined. The conclusion is made about the necessity: 1) development of actual specialized software and hardware for carrying out operative-search activity in cyberspace with the use of international experience; 2) improvement of the system of information and analytical support (creation of the Unified information and analytical system of law enforcement agencies with subsystems by areas, including a separate unit for cybercrime control units); 3) amendments to the Criminal Procedure Code and other regulations in the field of combating cybercrime at the state level; 4) development at the international level and implementation into national legislation of procedural standards that allow to effectively investigate crimes in global information networks, to obtain, investigate and present electronic evidence taking into account the cross-border problem; 5) establishing cooperation between law enforcement agencies in the investigation of cybercrime at the operational level; 6) improvement of mechanisms for joining materials and using electronic evidence in criminal proceedings in this category of criminal proceedings; 7) the obligation of companies to keep backup copies of electronic data to increase the efficiency of investigation of such crimes; 9) facilitating access of law enforcement agencies to electronic data banks.
Keywords: The relevance of the article is that the wide publicity of the numerous facts of lewd acts committed while using the Internet, the great public response and the increased attention of the international community forced the state to recognize the existence of the problem of web-pornography. The distribution of pornography on the Internet guarantees anonymity to the distributor and the consumer, and the relative availability of ways to publish and obtain it. Widespread demand for criminal products makes it difficult to find distributors and sellers of such products, especially among foreigners. The content of the article analyzes some provisions of international and domestic legislation on combating cybercrime and pornography. Emphasis is placed on the need to develop relevant specialized software and hardware for conducting operational and investigative activities in cyberspace using international experience. The priority directions of counteraction by the units of the National Police of Ukraine to the manifestations of sale and distribution of pornographic objects on the Internet have been determined. The conclusion is made about the necessity: 1) development of actual specialized software and hardware for carrying out operative-search activity in cyberspace with the use of international experience; 2) improvement of the system of information and analytical support (creation of the Unified information and analytical system of law enforcement agencies with subsystems by areas, including a separate unit for cybercrime control units); 3) amendments to the Criminal Procedure Code and other regulations in the field of combating cybercrime at the state level; 4) development at the international level and implementation into national legislation of procedural standards that allow to effectively investigate crimes in global information networks, to obtain, investigate and present electronic evidence taking into account the cross-border problem; 5) establishing cooperation between law enforcement agencies in the investigation of cybercrime at the operational level; 6) improvement of mechanisms for joining materials and using electronic evidence in criminal proceedings in this category of criminal proceedings; 7) the obligation of companies to keep backup copies of electronic data to increase the efficiency of investigation of such crimes; 9) facilitating access of law enforcement agencies to electronic data banks.

THE CLASSIFICATION OF SOCIALLY DANGEROUS CONSEQUENCES OF THE CRIMINAL VIOLATION OF LAW

Iryna Shcherbinina

PhD Student at the Department of Criminal Law № 2
Yaroslav Mudryi National Law University (Kharkiv, Ukraine)

ORCID ID: 0000-0001-6376-3951

Anotation. The article is devoted to the investigation of challenging issues in the classification of socially dangerous consequences of the criminal violation of law. The particular attention of the author is dedicated to the necessity of setting up a full accurate and universal system of socially dangerous consequences of the criminal violation of law classification, which would certainly reflect the principles of science and the rules of regular logic. It was figured out that during the selection of classification criteria for division of socially dangerous consequences of the criminal violation of law, one has to be guided with the most crucial and universal points. These points would give a chance to divide all socially dangerous consequences by one or other crucial criteria. The author went through different approaches and criteria of socially dangerous consequences classification, which were provided by national and foreign crime scientists. It was figured out that not all criteria of division could be considered as realistic and essential characteristics of the explored phenomena. On the basis of deep analysis of legislative and dogmatic provisions, the author offered the updated system of division of socially dangerous consequences of the criminal violation of law. This division is able to fully and objectively expose the most important qualitative and quantitative characteristics of the explored phenomena. Besides, the division is also able to demonstrate the relations between socially dangerous consequences and objects of criminal violation of law.
Keywords: The article is devoted to the investigation of challenging issues in the classification of socially dangerous consequences of the criminal violation of law. The particular attention of the author is dedicated to the necessity of setting up a full accurate and universal system of socially dangerous consequences of the criminal violation of law classification, which would certainly reflect the principles of science and the rules of regular logic. It was figured out that during the selection of classification criteria for division of socially dangerous consequences of the criminal violation of law, one has to be guided with the most crucial and universal points. These points would give a chance to divide all socially dangerous consequences by one or other crucial criteria. The author went through different approaches and criteria of socially dangerous consequences classification, which were provided by national and foreign crime scientists. It was figured out that not all criteria of division could be considered as realistic and essential characteristics of the explored phenomena. On the basis of deep analysis of legislative and dogmatic provisions, the author offered the updated system of division of socially dangerous consequences of the criminal violation of law. This division is able to fully and objectively expose the most important qualitative and quantitative characteristics of the explored phenomena. Besides, the division is also able to demonstrate the relations between socially dangerous consequences and objects of criminal violation of law.