Journal №4 (32) vol. 1 / 2020|KELM

LIST OF FILES

SYSTEMS AND METHODS FOR ASSESSMENT OF HIGHER EDUCATION AND ACADEMIC STAFF PROFESSIONAL DEVELOPMENT: WORLD AND EUROPEAN EXPERIENCES

Oksana Babakina

Candidate of Pedagogical Sciences, Associate Professor, Professor at the Department of Pedagogy, Psychology, Primary Education and Education Management
Municipal Establishment “Kharkiv Humanitarian Pedagogical Academy” of the Kharkiv Regional Council (Kharkiv, Ukraine)

ORCID ID: 0000-0001-6900-6513

Anotation. The article analyzes the experience of the systems and methods of assessing higher education within the national and international experience; national and international experiences in the assessment of state universities and academic staff professional development are compared; identified differences in the assessment process.
Keywords: The article analyzes the experience of the systems and methods of assessing higher education within the national and international experience; national and international experiences in the assessment of state universities and academic staff professional development are compared; identified differences in the assessment process.

CATEGORICAL DISTINCTION OF THE CONCEPTS “INTERACTIVE TECHNOLOGY” AND “INTERACTIVE METHOD”

Yulia Bondar

Postgraduate Student at the Faculty of Pedagogy and Psychology
Ternopil Volodymyr Hnatiuk National Pedagogical University (Ternopil, Ukraine)

ORCID ID: 0000-0003-4184-5424

Anotation. The article is devoted to the problem of categorical distinction between the concepts of “interactive technology” and “interactive method of teaching”, because in pedagogy they are often identified. The author notes that in order to distinguish between these terms, it is necessary to clearly define their structural features. The aim of the research is to establish the differences between the concepts of “interactive technology” and “interactive teaching method”. In order to reveal the theoretical foundations of the outlined research problem, the methods determine the theoretical analysis and generalization of literature sources. In particular, the author reveals the meaning of the concepts “technology” and “pedagogical technology”. The criteria of manufacturability, which must be met by pedagogical technology and their essence is revealed. It is established that interactive learning technologies belong to pedagogical, as they correspond to all the features of the system. The essence of the concept “pedagogical technology of interactive learning” is revealed. Emphasis is placed on the technological approach, which is the basis for building a lesson using interactive technologies. Peculiar features of interactive pedagogical technologies are singled out. Attention is drawn to the lack of a single classification of interactive learning technologies. The conditional classification depending on forms of the organization of educational activity of pupils, the purpose of a lesson and on distribution of interactive methods is offered. The essence of the concept of “teaching method” is highlighted and different interpretations of the “interactive teaching method” are given. The main functions of teaching methods are defined, such as motivational, educational, developmental, educational, organizational. The classification of interactive methods according to the principle of interaction is given. Emphasis is placed on the focus of interactive methods on the realization of cognitive needs and interests of the individual. The difference between learning technology and teaching method is determined. Attention is drawn to the fact that interactive technology is a holistic system, the subsystems of which are instruction, action and reflection. The component structure of the interactive method of teaching is presented, which includes the purpose, content, way of organizing the activities of teachers and students, forms of interaction of learning subjects, reflection and result. It is concluded that in order to obtain a learning outcome in each component of learning technology, one or more methods must be used.
Keywords: The article is devoted to the problem of categorical distinction between the concepts of “interactive technology” and “interactive method of teaching”, because in pedagogy they are often identified. The author notes that in order to distinguish between these terms, it is necessary to clearly define their structural features. The aim of the research is to establish the differences between the concepts of “interactive technology” and “interactive teaching method”. In order to reveal the theoretical foundations of the outlined research problem, the methods determine the theoretical analysis and generalization of literature sources. In particular, the author reveals the meaning of the concepts “technology” and “pedagogical technology”. The criteria of manufacturability, which must be met by pedagogical technology and their essence is revealed. It is established that interactive learning technologies belong to pedagogical, as they correspond to all the features of the system. The essence of the concept “pedagogical technology of interactive learning” is revealed. Emphasis is placed on the technological approach, which is the basis for building a lesson using interactive technologies. Peculiar features of interactive pedagogical technologies are singled out. Attention is drawn to the lack of a single classification of interactive learning technologies. The conditional classification depending on forms of the organization of educational activity of pupils, the purpose of a lesson and on distribution of interactive methods is offered. The essence of the concept of “teaching method” is highlighted and different interpretations of the “interactive teaching method” are given. The main functions of teaching methods are defined, such as motivational, educational, developmental, educational, organizational. The classification of interactive methods according to the principle of interaction is given. Emphasis is placed on the focus of interactive methods on the realization of cognitive needs and interests of the individual. The difference between learning technology and teaching method is determined. Attention is drawn to the fact that interactive technology is a holistic system, the subsystems of which are instruction, action and reflection. The component structure of the interactive method of teaching is presented, which includes the purpose, content, way of organizing the activities of teachers and students, forms of interaction of learning subjects, reflection and result. It is concluded that in order to obtain a learning outcome in each component of learning technology, one or more methods must be used.

TECHNOLOGY ОF FORMATION ОF INNOVATIVE IDENTITY ОF FUTURE TEACHERS ОF MUSIC ART

Anzhelika Bondarenko

Candidate of Pedagogical Sciences, Senior Lecturer at the Department of Methods of Music Education, Singing and Choral Conducting of the Faculty of Arts
Kryvyi Rih State Pedagogical University (Kryvyi Rih, Dnipropetrovsk region, Ukraine)

ORCID ID: 0000-0002-9068-9264

Anotation. The transition from the traditional to the innovative paradigm of teaching places the new demands to a teacher of music art in accordance with the models of a professional, worked out by a society. The understanding of the concepts of “innovation”, “identity” made it possible to consider the essence of the teacher’s innovative pedagogical activity. We have developed the concept of “pedagogically-innovative identity of the teacher of musical art” and specified the factors of the formation of the pedagogically-innovative identity. There have been specified the factors for the formation of the pedagogically innovative identity as an integrated quality of a teacher of music art. There have been analized the peculiarities of the innovative pedagogical technologies in music education. The content of the technology for the formation of the innovative identity of the future teachers of music art in the professional training process in the higher educational institution has been considered. The organization and the implementation of the coordinative influence defined by the certain educational methods, ways, and means. The expediency of using the didactic approaches in the process of the formation of the innovative identity of the future teachers of music. The stages for the realization of the pedagogical technology for the formation of the innovative identity of the future teachers of music art have been specified. An example of an instruction card to organize the individual academic activities with students has been presented. The author has provided the system of teaching methods, forms, means and ways, which includes three blocks.
Keywords: The transition from the traditional to the innovative paradigm of teaching places the new demands to a teacher of music art in accordance with the models of a professional, worked out by a society. The understanding of the concepts of “innovation”, “identity” made it possible to consider the essence of the teacher’s innovative pedagogical activity. We have developed the concept of “pedagogically-innovative identity of the teacher of musical art” and specified the factors of the formation of the pedagogically-innovative identity. There have been specified the factors for the formation of the pedagogically innovative identity as an integrated quality of a teacher of music art. There have been analized the peculiarities of the innovative pedagogical technologies in music education. The content of the technology for the formation of the innovative identity of the future teachers of music art in the professional training process in the higher educational institution has been considered. The organization and the implementation of the coordinative influence defined by the certain educational methods, ways, and means. The expediency of using the didactic approaches in the process of the formation of the innovative identity of the future teachers of music. The stages for the realization of the pedagogical technology for the formation of the innovative identity of the future teachers of music art have been specified. An example of an instruction card to organize the individual academic activities with students has been presented. The author has provided the system of teaching methods, forms, means and ways, which includes three blocks.

PHASED METHODOLOGY OF FORMATION OF READYNESS OF FUTURE TEACHERS OF MUSIC ART FOR CREATIVE INTERPRETIVE WORK WITH TEAM OF STUDENTS

Wang Hailong

Postgraduate Student at the Department of Theory and Methods of Music Education, Choral Singing and Conducting of the Faculty of Arts named after Anatoly Avdievsky
National Pedagogical Dragomanov University (Kyiv, Ukraine)

ORCID ID: 0000-0002-7350-5566

Anotation. The article reveals the peculiarities of the methodology of forming the readiness of future teachers of music to creatively interpretative work with school groups during the study of conducting and choral disciplines. The importance of creative interpretive work of future music teachers on educational works for the acquisition of the ability to create interpretations of musical works, and the acquisition of skills of musical and pedagogical work with different types of school groups is substantiated. The structure of readiness of future teachers of music art for creative interpretive work with school groups includes: content-logical, operational-procedural, creative-activity components. The phased methodology is presented, which includes stages, namely: organizational-cognitive, technologically-in-depth, research-effective. A special course is included in the methodology “Creative interpretive work with school teams”. The effectiveness of the introduction of formative methods in the developed stages is confirmed experimentally, and proves the integrity of the scientific and methodological concept of forming the readiness of future teachers of music to creatively interpretative work with school groups.
Keywords: The article reveals the peculiarities of the methodology of forming the readiness of future teachers of music to creatively interpretative work with school groups during the study of conducting and choral disciplines. The importance of creative interpretive work of future music teachers on educational works for the acquisition of the ability to create interpretations of musical works, and the acquisition of skills of musical and pedagogical work with different types of school groups is substantiated. The structure of readiness of future teachers of music art for creative interpretive work with school groups includes: content-logical, operational-procedural, creative-activity components. The phased methodology is presented, which includes stages, namely: organizational-cognitive, technologically-in-depth, research-effective. A special course is included in the methodology “Creative interpretive work with school teams”. The effectiveness of the introduction of formative methods in the developed stages is confirmed experimentally, and proves the integrity of the scientific and methodological concept of forming the readiness of future teachers of music to creatively interpretative work with school groups.

FUNCTIONS OF VOCAL AND PERFORMING EXPERIENCE OF FUTURE TEACHERS OF MUSICAL ART

Hаo Ming

Postgraduate Student at the Faculty of Arts named after Anatoly Avdievsky
National Pedagogical Dragomanov University (Kyiv, Ukraine)

ORCID ID: 0000-0003-2794-6181

Anotation. In the article the author substantiates the relevance of the problems of formation of vocal-performing experience of the future teachers of musical art in the context of a successful professional performance; generalizes the definition of the vocal-performing experience; during the functional analysis justifies and defines didactic, hedonic, cathartic and reflexive-corrective functions of the examined phenomenon; on the basis of integration of these functions with musical art and art education functions concretizes.
Keywords: In the article the author substantiates the relevance of the problems of formation of vocal-performing experience of the future teachers of musical art in the context of a successful professional performance; generalizes the definition of the vocal-performing experience; during the functional analysis justifies and defines didactic, hedonic, cathartic and reflexive-corrective functions of the examined phenomenon; on the basis of integration of these functions with musical art and art education functions concretizes.

PROCEDURAL-FUNCTIONAL ANALYSIS OF ARTISTIC PERCEPTION BY FUTURE TEACHERS OF MUSIC AND CHOREOGRAPHY OF ART WORKS

Andriana Dzhumelia

Lecturer at the Faculty of Arts named after Anatoly Avdievsky
National Pedagogical Dragomanov University (Kyiv, Ukraine)

ORCID ID: 0000-0002-6190-8210

Anotation. The article presents a procedural and functional analysis of artistic and figurative perception of art works by students of faculties of arts of pedagogical universities by means of plastic intonation. The specifics of artistic and figurative perception of future teachers of music and choreography by means of plastic intonation are revealed. The cognitive, communicative, projective-creative functions of artistic and figurative perception by students of faculties of arts of pedagogical universities of works of art by means of plastic intonation are analyzed. Cognitive function provides the formation of worldview and moral and ethical holistic perception of the world. The communicative function is associated with the great influence that the teacher’s personality, his moral culture, the ability to establish and maintain friendly relations with students, his own example to awaken them to further active practice. The projective and creative function is manifested in the creative application of valuable pedagogical and methodological ideas in specific pedagogical conditions. The implementation of the above functions in the practice of future teachers of music and choreography contributes to the development of their aesthetic taste and figurative perception of works of art by means of plastic intonation.
Keywords: The article presents a procedural and functional analysis of artistic and figurative perception of art works by students of faculties of arts of pedagogical universities by means of plastic intonation. The specifics of artistic and figurative perception of future teachers of music and choreography by means of plastic intonation are revealed. The cognitive, communicative, projective-creative functions of artistic and figurative perception by students of faculties of arts of pedagogical universities of works of art by means of plastic intonation are analyzed. Cognitive function provides the formation of worldview and moral and ethical holistic perception of the world. The communicative function is associated with the great influence that the teacher’s personality, his moral culture, the ability to establish and maintain friendly relations with students, his own example to awaken them to further active practice. The projective and creative function is manifested in the creative application of valuable pedagogical and methodological ideas in specific pedagogical conditions. The implementation of the above functions in the practice of future teachers of music and choreography contributes to the development of their aesthetic taste and figurative perception of works of art by means of plastic intonation.

WAYS OF FORMATION OF REALISTIC PROFESSIONAL ACHIEVEMENTS OF STUDENTS – FUTURE PSYCHOLOGISTS

Diana Koval

Postgraduate Student at the Department of Innovative Technologies in Pedagogy, Psychology and Social Work
Alfred Nobel University (Dnipro, Ukraine)

ORCID ID: 0000-0003-1816-6992

Anotation. In the provisions of the scientific article, the author presents an analysis of the scientists’ opinions about the problem of forming realistic professional achievements of the individual on the example of students who are future psychologists. The concept of “professional achievements” is defined as the transformation of a special type of “life achievements” which correlate with the concepts of “expectations” and “hopes” in content. Their adequacy (realism, objectivity) is associated with an individual’s awareness of the objective content of social norms and sanctions for their violation which affects a kind of system of his expectations, predictions about a particular professional perspective. Public expectations according to the image of a psychologist are presented in his professional description which is detailed in the qualities of analyticalness, prudence, insight; sociability, ability to experiment (take risks); ability to form and manage a group; courtesy, tact, good memory for names and appearance; obligation, responsibility, good faith; stress resistance. The ways of adequate professional demands formation of future psychologists are determined: application of reflexive interrogation; web quest technologies; acquaintance with the content of the most important documents governing the activities of a practical psychologist; comparative analysis of the content of vacancies and resumes by profile.
Keywords: In the provisions of the scientific article, the author presents an analysis of the scientists’ opinions about the problem of forming realistic professional achievements of the individual on the example of students who are future psychologists. The concept of “professional achievements” is defined as the transformation of a special type of “life achievements” which correlate with the concepts of “expectations” and “hopes” in content. Their adequacy (realism, objectivity) is associated with an individual’s awareness of the objective content of social norms and sanctions for their violation which affects a kind of system of his expectations, predictions about a particular professional perspective. Public expectations according to the image of a psychologist are presented in his professional description which is detailed in the qualities of analyticalness, prudence, insight; sociability, ability to experiment (take risks); ability to form and manage a group; courtesy, tact, good memory for names and appearance; obligation, responsibility, good faith; stress resistance. The ways of adequate professional demands formation of future psychologists are determined: application of reflexive interrogation; web quest technologies; acquaintance with the content of the most important documents governing the activities of a practical psychologist; comparative analysis of the content of vacancies and resumes by profile.

SUCCESS IN US HIGHER EDUCATION (RETROSPECTIVE ANALYSIS)

Olena Kozmenko

Candidate of Pedagogical Sciences, Associate Professor, Associate Professor at the Foreign Languages and Professional Communication Department, Doctoral Student at the Department of Pedagogy
Volodymyr Dahl East Ukrainian National University (Sievierodonetsk, Luhansk region, Ukraine)

ORCID ID: 0000-0002-7063-2324

Anotation. The retrospective analysis of the definition of success in the system of higher education in the United States of America is given in this article. This state has been demonstrating a high level of higher education for many decades for a long time, what can be the evidence of its effectiveness and high standards. But, according to American educators, certain shortcomings of the higher education system can`t provide the proper conditions for the student success. The historical development of the United States demonstrates the different attitudes of society to this construct and to its definition in the terms of the training in American colleges and universities. The analysis of the scientific research of American authors is proposed in this article. The significance of the work “Ethics of Success, Education and the American Dream”, which aims to highlight the features of the ethics of success in different periods of the United States is discussed. The article describes four different types of attitudes to success, such as, ethics of character, ethics of power of mind, ethics of personality and ethics of service, which since the creation of countries, affected the formation of culture and education of the USA. At those periods the formation of the value orientations of young people was conducted under the influence of many factors. Scientific approach about the determining the success of educational research was appeared in the late XX-th century. The general trend of this period was to use a comprehensive approach to the study of success in higher education, because developments within individual scientific schools provided only incomplete particular information about success in education, however, the concept of the “expectation of success” as a factor, which increases learning efficiency is very important. The combination of external and internal factors that influence success becomes a productive method of studying this topic. R. Moos`s theory about the development of a socio-ecological model for evaluating the work of higher education institutions offers a new perspective on the interaction of these factors. The study of K. Arnold (USA) provides the importance of using the method of longitudinal research of the levels of success. Theoretical knowledge and experience of the US educators is of practical interest for the Ukrainian higher education system.
Keywords: The retrospective analysis of the definition of success in the system of higher education in the United States of America is given in this article. This state has been demonstrating a high level of higher education for many decades for a long time, what can be the evidence of its effectiveness and high standards. But, according to American educators, certain shortcomings of the higher education system can`t provide the proper conditions for the student success. The historical development of the United States demonstrates the different attitudes of society to this construct and to its definition in the terms of the training in American colleges and universities. The analysis of the scientific research of American authors is proposed in this article. The significance of the work “Ethics of Success, Education and the American Dream”, which aims to highlight the features of the ethics of success in different periods of the United States is discussed. The article describes four different types of attitudes to success, such as, ethics of character, ethics of power of mind, ethics of personality and ethics of service, which since the creation of countries, affected the formation of culture and education of the USA. At those periods the formation of the value orientations of young people was conducted under the influence of many factors. Scientific approach about the determining the success of educational research was appeared in the late XX-th century. The general trend of this period was to use a comprehensive approach to the study of success in higher education, because developments within individual scientific schools provided only incomplete particular information about success in education, however, the concept of the “expectation of success” as a factor, which increases learning efficiency is very important. The combination of external and internal factors that influence success becomes a productive method of studying this topic. R. Moos`s theory about the development of a socio-ecological model for evaluating the work of higher education institutions offers a new perspective on the interaction of these factors. The study of K. Arnold (USA) provides the importance of using the method of longitudinal research of the levels of success. Theoretical knowledge and experience of the US educators is of practical interest for the Ukrainian higher education system.

INTRODUCTION OF PERSONALITY-ORIENTED TECHNOLOGIES INTO THE PEDAGOGICAL PROCESS OF HIGHER EDUCATIONAL INSTITUTIONS

Mariana Lukianchuk

Candidate of Pedagogical Sciences, Teacher of Foreign Languages
Municipal Higher Educational Institution “Lutsk Pedagogical College” of Volyn Regional Council (Lutsk, Ukraine)

ORCID ID: 0000-0002-0196-7737

Anotation. The article considers the issue of introduction of personality-oriented technologies in the pedagogical process of higher educational institutions, in particular, the issue of application of these technologies in pedagogical institutions is covered. The introduction of basic principles of personality-oriented technologies of student learning particular has the most importance in this regard. These principles are: subject-subject interaction of participants in the educational process; life orientation of education and upbringing, variability. The functioning of this system of education is based on the leading ideas of national pedagogy and psychology and provides diverse development of the future teacher and the formation of a highly educated person who is able to exist harmoniously in a multicultural world and able to competently carry out professional activities. The article also considers the concept of “pedagogical technology” and its structure, which allowed to define personality-oriented learning as pedagogical technology on the main features. After analyzing the historical aspect of this issue, we conclude that these technologies can be called liberal pedagogy, becuse personality-oriented technologies are based on the main issues of humanistic pedagogy, neo-pragmatism, existentialism, pedocentrism and pedagogy of cooperation. The article notes a number of contradictions in the introduction of personality-oriented technologies in the pedagogical process of higher education institutions: between the system of teacher training and the need to develop innovative didactic approaches and methods; between creative and personal qualities of the future teacher and modern requirements, norms, standards of professional and pedagogical activity. Overcoming these contradictions provides an answer to question of defining a system of measures for implementation of person-centered approach to the training of future teachers and the professionally significant qualities formation which is necessary for the successful solution of professional and pedagogical tasks.
Keywords: The article considers the issue of introduction of personality-oriented technologies in the pedagogical process of higher educational institutions, in particular, the issue of application of these technologies in pedagogical institutions is covered. The introduction of basic principles of personality-oriented technologies of student learning particular has the most importance in this regard. These principles are: subject-subject interaction of participants in the educational process; life orientation of education and upbringing, variability. The functioning of this system of education is based on the leading ideas of national pedagogy and psychology and provides diverse development of the future teacher and the formation of a highly educated person who is able to exist harmoniously in a multicultural world and able to competently carry out professional activities. The article also considers the concept of “pedagogical technology” and its structure, which allowed to define personality-oriented learning as pedagogical technology on the main features. After analyzing the historical aspect of this issue, we conclude that these technologies can be called liberal pedagogy, becuse personality-oriented technologies are based on the main issues of humanistic pedagogy, neo-pragmatism, existentialism, pedocentrism and pedagogy of cooperation. The article notes a number of contradictions in the introduction of personality-oriented technologies in the pedagogical process of higher education institutions: between the system of teacher training and the need to develop innovative didactic approaches and methods; between creative and personal qualities of the future teacher and modern requirements, norms, standards of professional and pedagogical activity. Overcoming these contradictions provides an answer to question of defining a system of measures for implementation of person-centered approach to the training of future teachers and the professionally significant qualities formation which is necessary for the successful solution of professional and pedagogical tasks.

COGNITIVE AND INFORMATION DIRECTION OF THE DEVELOPMENT OF TEMBRAL HEARING OF FUTURE TEACHERS OF MUSIC ART

Pen Siyue

Postgraduate Student at the Faculty of Arts named after Anatoly Avdievsky
National Pedagogical Dragomanov University (Kyiv, Ukraine)

ORCID ID: 0000-0001-8657-7668

Anotation. The article reveals the specifics of the cognitive and informational direction of the development of timbre hearing of students of the faculties of arts of pedagogical universities. Timbre hearing is seen as the ability of an individual to fully perceive works of musical art. Peculiarities of students' ability to develop timbre-auditory perception are considered. The author considers the main aspects of the process of forming students' timbre hearing during instrumental learning. Features of instrumental music as an abstract art form are analyzed. The author considers the cognitive and informational direction of the formation of timbre hearing of future teachers of music as an important component of educational and instrumental activities that help increase their performance level. The process of formation of timbre hearing of future music teachers in the process of instrumental learning is characterized by a multilevel structure that contains components: cognitive-informational, cognitive-operational, evaluative-empathic, productive-activity. The article reveals the features of the stages of the formative experiment of research work aimed at encouraging future teachers of music to a motivated desire to develop timbre hearing as a reflection in their own minds of the constituent elements of the sound palette. Such purposeful pedagogical activity contributes to the increase of the performing and instrumental level of students and covers the formation of their value artistic orientations by means of musical art.
Keywords: The article reveals the specifics of the cognitive and informational direction of the development of timbre hearing of students of the faculties of arts of pedagogical universities. Timbre hearing is seen as the ability of an individual to fully perceive works of musical art. Peculiarities of students' ability to develop timbre-auditory perception are considered. The author considers the main aspects of the process of forming students' timbre hearing during instrumental learning. Features of instrumental music as an abstract art form are analyzed. The author considers the cognitive and informational direction of the formation of timbre hearing of future teachers of music as an important component of educational and instrumental activities that help increase their performance level. The process of formation of timbre hearing of future music teachers in the process of instrumental learning is characterized by a multilevel structure that contains components: cognitive-informational, cognitive-operational, evaluative-empathic, productive-activity. The article reveals the features of the stages of the formative experiment of research work aimed at encouraging future teachers of music to a motivated desire to develop timbre hearing as a reflection in their own minds of the constituent elements of the sound palette. Such purposeful pedagogical activity contributes to the increase of the performing and instrumental level of students and covers the formation of their value artistic orientations by means of musical art.

VOCAL-TECHNICAL SKILLS OF A FUTURE MUSIC TEACHER AS A HOLISTIC INTEGRATIVE-DYNAMIC COMPLEX

Tian Lin

Postgraduate Student at the Faculty of Arts named after Anatoly Avdievsky
National Pedagogical Dragomanov University (Kyiv, Ukraine)

ORCID ID: 0000-0001-9854-0926

Anotation. In the article the author investigates the contents of the vocal-technical skills of the future music teachers on the basis of the complex approach, concretizes the vocal-technical skills according to three groups (technological-positional skills, communicative-expressive skills, interpretative skills), outlines the basic phases of the interpretative activity. Defines the coordination function of vocal phonation and auditory perceptions, function of musical communication, function of setting and performing musical-performance tasks of artistic interpretation and function of reflection as the factors responsible for the vector of changes in the dynamics of the formation of the complex of vocal-technical skills.
Keywords: In the article the author investigates the contents of the vocal-technical skills of the future music teachers on the basis of the complex approach, concretizes the vocal-technical skills according to three groups (technological-positional skills, communicative-expressive skills, interpretative skills), outlines the basic phases of the interpretative activity. Defines the coordination function of vocal phonation and auditory perceptions, function of musical communication, function of setting and performing musical-performance tasks of artistic interpretation and function of reflection as the factors responsible for the vector of changes in the dynamics of the formation of the complex of vocal-technical skills.

MONODRAMA IN POSTMODERN THEATRE: SPECIFICITY OF GENRE MODIFICATIONS

Iryna Bosak

Postgraduate Student at the Department of Musical Ukrainian Studies and Folk Instrumental Art
Educational and Scientific Institute of Arts of Vasyl Stefanyk Precarpathian National University (Ivano-Frankivsk, Ukraine)

ORCID ID: 0000-0002-6172-3398

Anotation. The article explores the specifics of the genre of monodrama in theatrical art of the postmodern period on the basis of the analysis of three productions of the early 2000-s based on the prose works of the Ukrainian writer, winner of the Taras Shevchenko National Award Maria Matios. These are performances: “Sweet” (“Solodka”) director by Malgorzata Pashker- Wojciechosnek (Małgorzata Paszkier-Wojcieszonek) and actress Marta Pogrebny (Marta Pohrebny) (Poland); monodrama “Never cry for me” (“Ne plachte za mnoiu nikoly”) joint project of the Ivan Franko National Theater and Kherson Regional Academic Music and Drama Theater named after Mykola Kulish, director Serhiy Pavliuk and People’s Artist of Ukraine Larysa Kadyrova, monodrama “Never cry for me” (“Ne plachte za mnoiu nikoly”) staged by the Chernihiv Regional Academic Music and Drama Theater named after Taras Shevchenko, directed by Tetyana Shumeiko and actress Olena Bondarenko (Ukraine). The main components of a dramatic performance are considered: musical design, organization of stage space, specifics of interpretation of theatrical scenery. The interaction between the actor and the audience in the monodrama is investigated. The creative characteristics of the stage embodiment of the original source in the performance are analyzed.
Keywords: The article explores the specifics of the genre of monodrama in theatrical art of the postmodern period on the basis of the analysis of three productions of the early 2000-s based on the prose works of the Ukrainian writer, winner of the Taras Shevchenko National Award Maria Matios. These are performances: “Sweet” (“Solodka”) director by Malgorzata Pashker- Wojciechosnek (Małgorzata Paszkier-Wojcieszonek) and actress Marta Pogrebny (Marta Pohrebny) (Poland); monodrama “Never cry for me” (“Ne plachte za mnoiu nikoly”) joint project of the Ivan Franko National Theater and Kherson Regional Academic Music and Drama Theater named after Mykola Kulish, director Serhiy Pavliuk and People’s Artist of Ukraine Larysa Kadyrova, monodrama “Never cry for me” (“Ne plachte za mnoiu nikoly”) staged by the Chernihiv Regional Academic Music and Drama Theater named after Taras Shevchenko, directed by Tetyana Shumeiko and actress Olena Bondarenko (Ukraine). The main components of a dramatic performance are considered: musical design, organization of stage space, specifics of interpretation of theatrical scenery. The interaction between the actor and the audience in the monodrama is investigated. The creative characteristics of the stage embodiment of the original source in the performance are analyzed.

EDUCATIONAL DRAWINGS OF THE KYIV SCHOOL-WORKSHOP OF THE XVIII CENTURY: SUBJECTS, ARTISTIC FEATURES

Taras Veremeenko

Postgraduate Student at the Department of Fine and Decorative-Applied Arts
Institute of Art Criticism, Folkloristics and Ethnology named after M. T. Rylsky of the National Academy of Sciences of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0002-6753-9583

Anotation. The article is devoted to the 18th century drawings from the Kyiv icon workshop situated in the Kyiv-Lavra of the Caves. The author accentuates the peculiarities of interaction between text and image in the works of art. He describes the process of apprenticeship within the workshop and underlines the role of its principals and teachers. As it was found out Ivan, Feokist Pavlovskiy, Olimpiy, Roman, Ignat, Pakhomiy, Vladimir, Zakhariya headed the Lavra workshop during the 18th century. It was discovered that the workshop produced different types of the books called “kuzhbushky” (“the art books” in corrupted German). The author defines the current location of these “kuzhbushky” (Kunstbuch-collections) and their quantity. He comes to conclusion, that Lavra painters took samples from the European collections of prints and pictures published by the foreign Academies of Arts. Names of pigments and substances were borrowed mostly from Western languages. It is stated that in most cases the drawings treated religious subjects. Nevertheless, several drawings addressed exclusively secular topics and they differ significantly from other drawing studies. The examination of the accompanying text leads author to conclusion that it describes the image in every detail. All now published drawings are unique. Drawings could be considered mainly as sketches rather than just exercises, that is, ordinary student works. Therefore, we should keep on researching this unique art school at the monastery of worldwide significance.
Keywords: The article is devoted to the 18th century drawings from the Kyiv icon workshop situated in the Kyiv-Lavra of the Caves. The author accentuates the peculiarities of interaction between text and image in the works of art. He describes the process of apprenticeship within the workshop and underlines the role of its principals and teachers. As it was found out Ivan, Feokist Pavlovskiy, Olimpiy, Roman, Ignat, Pakhomiy, Vladimir, Zakhariya headed the Lavra workshop during the 18th century. It was discovered that the workshop produced different types of the books called “kuzhbushky” (“the art books” in corrupted German). The author defines the current location of these “kuzhbushky” (Kunstbuch-collections) and their quantity. He comes to conclusion, that Lavra painters took samples from the European collections of prints and pictures published by the foreign Academies of Arts. Names of pigments and substances were borrowed mostly from Western languages. It is stated that in most cases the drawings treated religious subjects. Nevertheless, several drawings addressed exclusively secular topics and they differ significantly from other drawing studies. The examination of the accompanying text leads author to conclusion that it describes the image in every detail. All now published drawings are unique. Drawings could be considered mainly as sketches rather than just exercises, that is, ordinary student works. Therefore, we should keep on researching this unique art school at the monastery of worldwide significance.

UKRAINIAN AUTHOR’S JEWELRY AS AN OBJECT OF SOCIO-CULTURAL INFLUENCE OF THE SOVIET AUTHORITY IN 1917–1929

Oksana Kukhtiy

Postgraduate Student at the Department of Event Management and Leisure Industry
Kyiv National University of Culture and Arts (Kyiv, Ukraine)

ORCID ID: 0000-0003-0407-4157

Anotation. The article highlights the main trends in the development of Ukrainian author's jewelry in the conditions of the formation of Soviet power. Circumstances that influenced on the state of jeweller affairs in 1917-1929 are shown in detail. The author chronologically reproduces the various stages of the evolution of jewelry. In particular, outlined reasons of decline of jeweller affairs in 1918, associated with the closure of the factory of art-jewelry J. Marshak, and the circumstances that contributed to some improvement in the state of jewelry in the USSR during the NEP (y). The activities of individual representatives of the jewelry industry who worked during this period are represented.
Keywords: The article highlights the main trends in the development of Ukrainian author's jewelry in the conditions of the formation of Soviet power. Circumstances that influenced on the state of jeweller affairs in 1917-1929 are shown in detail. The author chronologically reproduces the various stages of the evolution of jewelry. In particular, outlined reasons of decline of jeweller affairs in 1918, associated with the closure of the factory of art-jewelry J. Marshak, and the circumstances that contributed to some improvement in the state of jewelry in the USSR during the NEP (y). The activities of individual representatives of the jewelry industry who worked during this period are represented.

ORCHESTRAL WRITING OF A. SCHOENBERG AS A UNITY OF AESTHETIC IDEAS AND PRACTICAL PRINCIPLES

Hanna Savchenko

Candidate of Art Criticism (PhD in Musicology), Associate Professor, Associate Professor at the Composition and Instrumentation Department
Kharkiv National I. P. Kotlyarevsky University of Arts (Kharkiv, Ukraine)

ORCID ID: 0000-0002-9845-0450

Anotation. The author of given article generalizes aesthetic views of A. Schoenberg on orchestration, which he wanted to be determined by thought process, conditioned by material, clear, suitable, succinct. Basing on the analysis of the Chamber symphony, op. 9 and Second chamber symphony op. 38, author reveals constant principles of composer’s orchestral writing and shows how do they correlate with his aesthetic beliefs (such as idea of high eventfulness in horizontal and vertical axes, reconsideration of functional structure of orchestral texture through its thematization and polyphony, active tempo-rhythm of changes of orchestral functions between different parts, avoidance of figurative and ornamental passages, incarnation of spatiality, attention to details of orchestral texture). These principles tend to have somewhat different realization, described in the article, due to the fact that these works belong to different stages of composer’s evolution (“tonal” and “postdodecaphonic”, respectively). A very significant factor, shaping the character of orchestral writing and realization of stated above principles, is a dominance of non-imitational polyphony (with different themes) in the Chamber Symphony, op. 9, and imitational polyphony in the Second one, op. 38. The perspective of further research lies in examination of atonal and dodecaphonic works by A. Schoenberg in aspect of orchestral thinking and orchestral writing.
Keywords: The author of given article generalizes aesthetic views of A. Schoenberg on orchestration, which he wanted to be determined by thought process, conditioned by material, clear, suitable, succinct. Basing on the analysis of the Chamber symphony, op. 9 and Second chamber symphony op. 38, author reveals constant principles of composer’s orchestral writing and shows how do they correlate with his aesthetic beliefs (such as idea of high eventfulness in horizontal and vertical axes, reconsideration of functional structure of orchestral texture through its thematization and polyphony, active tempo-rhythm of changes of orchestral functions between different parts, avoidance of figurative and ornamental passages, incarnation of spatiality, attention to details of orchestral texture). These principles tend to have somewhat different realization, described in the article, due to the fact that these works belong to different stages of composer’s evolution (“tonal” and “postdodecaphonic”, respectively). A very significant factor, shaping the character of orchestral writing and realization of stated above principles, is a dominance of non-imitational polyphony (with different themes) in the Chamber Symphony, op. 9, and imitational polyphony in the Second one, op. 38. The perspective of further research lies in examination of atonal and dodecaphonic works by A. Schoenberg in aspect of orchestral thinking and orchestral writing.

THE CONCEPT OF “OBLIGATION” IN MODERN ARABIC

Ali Arnautov

2nd year Master’s Student at the Department of Oriental Philology
Educational and Scientific Institute of Philology and Journalism of V. I. Vernadsky Taurida National University (Kyiv, Ukraine)

ORCID ID: 0000-0002-9340-6039

Anotation. The article discusses the semantics of the concept of “obligation” in Arabic language. To achieve this goal, the author considers the very notion of “concept” and “conceptosphere”, the definition of human cognitive activity; definition of the simplest and the most complex concepts. The method of conceptual analysis is considered, which is important, in particular, in cognitive linguistics, to restore the structure of the concept and its place in the linguistic picture of the world of the studied cultural society, allows you to discover the secrets of the linguistic consciousness of carriers of a particular culture and facilitate research within the framework of cultural studies, the theory of intercultural communication, translation studies, etc. The object of research is the dictionary articles of the lexeme واجب and فرض in explanatory and historical-etymological dictionaries of the Arabic language. And the core of the concept “obligation” is the conceptual component of the notion, formed by the results of the analysis of the lexicographic sources of the corresponding languages, and the periphery – the figurative component, which is formed on the basis of the analysis of the use of lexemes in the Arab worldview. This approach made it possible to identify the features of the studied language of the perception of the mental state of “obligation” for native speakers. As a result of the research, we came to the conclusion that the considered concepts in the Arabic language regulate all spheres of life in the Arabic linguistic culture.
Keywords: The article discusses the semantics of the concept of “obligation” in Arabic language. To achieve this goal, the author considers the very notion of “concept” and “conceptosphere”, the definition of human cognitive activity; definition of the simplest and the most complex concepts. The method of conceptual analysis is considered, which is important, in particular, in cognitive linguistics, to restore the structure of the concept and its place in the linguistic picture of the world of the studied cultural society, allows you to discover the secrets of the linguistic consciousness of carriers of a particular culture and facilitate research within the framework of cultural studies, the theory of intercultural communication, translation studies, etc. The object of research is the dictionary articles of the lexeme واجب and فرض in explanatory and historical-etymological dictionaries of the Arabic language. And the core of the concept “obligation” is the conceptual component of the notion, formed by the results of the analysis of the lexicographic sources of the corresponding languages, and the periphery – the figurative component, which is formed on the basis of the analysis of the use of lexemes in the Arab worldview. This approach made it possible to identify the features of the studied language of the perception of the mental state of “obligation” for native speakers. As a result of the research, we came to the conclusion that the considered concepts in the Arabic language regulate all spheres of life in the Arabic linguistic culture.

PUBLICITY AND THE PUBLIC PERSON IN THE DETERMINANTS OF THE POSITIVE FREEDOM OF MODERN COMMUNICATION SPACE

Lyudmila Vasylieva

Candidate of Philosophy Science, Associate Professor, Associate Professor at the Department of Philosophy and Social Sciences
National Aerospace University “Kharkiv Aviation Institute” (Кharkiv, Ukraine)

ORCID ID: 0000-0003-1183-6471

Anotation. The article examines the phenomenon of publicity in the modern communicative space through the concept of “positive” freedom. The author proves that “positive” freedom, as a value self-realization in a crisis, has its cautions – the excessive activity of a public person can turn into antisocial behavior, while their self-realization becomes negative towards the environment itself. The developed intentional self-awareness of a public person can become a regulator of “positive” freedom. Furthermore, it is publicity that becomes the environment for the free manifestation of this demanded aspiration and the accumulator of all permissible legal, economic, social, and humanitarian efforts of modern society. In today’s communicative space, not only control and protection of information itself and various technical means but also protection of a person from the information itself and conformist conflict, suppressing the manifestation of “positive” freedom, are already needed. The author emphasizes that in the recent scientific literature, there is no unified philosophical and anthropological concept of the phenomenon of publicity with a focus on the modern public person. Instead, all scientific and theoretical searches are based mainly on the general philosophical methodology of studying the theory of communication. Philosophical conceptualization of the phenomenon of publicity and the public person needs not so much a new methodological expression but an expanded search for a non-standard approach to obtaining scientific results. The methodology of the philosophy of publicity should be the doctrine of the synergistically formed scientific and integrative experience of the entire philosophical community.
Keywords: The article examines the phenomenon of publicity in the modern communicative space through the concept of “positive” freedom. The author proves that “positive” freedom, as a value self-realization in a crisis, has its cautions – the excessive activity of a public person can turn into antisocial behavior, while their self-realization becomes negative towards the environment itself. The developed intentional self-awareness of a public person can become a regulator of “positive” freedom. Furthermore, it is publicity that becomes the environment for the free manifestation of this demanded aspiration and the accumulator of all permissible legal, economic, social, and humanitarian efforts of modern society. In today’s communicative space, not only control and protection of information itself and various technical means but also protection of a person from the information itself and conformist conflict, suppressing the manifestation of “positive” freedom, are already needed. The author emphasizes that in the recent scientific literature, there is no unified philosophical and anthropological concept of the phenomenon of publicity with a focus on the modern public person. Instead, all scientific and theoretical searches are based mainly on the general philosophical methodology of studying the theory of communication. Philosophical conceptualization of the phenomenon of publicity and the public person needs not so much a new methodological expression but an expanded search for a non-standard approach to obtaining scientific results. The methodology of the philosophy of publicity should be the doctrine of the synergistically formed scientific and integrative experience of the entire philosophical community.

CEREMONIAL SPEECH AS A TRANSLATION CHALLENGE

Oksana Halych

Candidate of Philology Science, Associate Professor, Associate Professor at the Department of English and German Philology and Translation named after Professor I. V. Korunets
Kyiv National Linguistic University (Kyiv, Ukraine)

ORCID ID: 0000-0002-8800-9792

Anotation. The article suggests to consider ceremonial speech as the translation challenge in the process of investigation the public discourse. Particular attention is drawn to the translation peculiarities of linguistic and stylistic means of modern ceremonial speeches. It deals with the complex of verbal and non-verbal communicative components and diversification of political discourse as a result of IT development. In the present article ceremonial speech is viewed as kind of speaking commemorating a ceremony marking an important event in the life of a community. These are special occasions when nations celebrate and reinforce common aims, benefits, and aspirations. Ceremonial speech stresses upon sharing the identities and values that unite people into communities. It creates a shared space for remembering, so called collective memory. Collective memory is integral to the formation of power and influence that constitute social interactions and involvements. To achieve both the purposes of informing and inspiring the audience, the speaker should be creative with his explanations and descriptions rather than simply informative. Thus, to incorporate linguistic and stylistic aspects of translation the public discourse one should primarily consider lexical and semantic, morphological and syntactic means, the function of pragmatic markers in political speeches.
Keywords: The article suggests to consider ceremonial speech as the translation challenge in the process of investigation the public discourse. Particular attention is drawn to the translation peculiarities of linguistic and stylistic means of modern ceremonial speeches. It deals with the complex of verbal and non-verbal communicative components and diversification of political discourse as a result of IT development. In the present article ceremonial speech is viewed as kind of speaking commemorating a ceremony marking an important event in the life of a community. These are special occasions when nations celebrate and reinforce common aims, benefits, and aspirations. Ceremonial speech stresses upon sharing the identities and values that unite people into communities. It creates a shared space for remembering, so called collective memory. Collective memory is integral to the formation of power and influence that constitute social interactions and involvements. To achieve both the purposes of informing and inspiring the audience, the speaker should be creative with his explanations and descriptions rather than simply informative. Thus, to incorporate linguistic and stylistic aspects of translation the public discourse one should primarily consider lexical and semantic, morphological and syntactic means, the function of pragmatic markers in political speeches.

THE AGREEMENT OF THE VICTIM AS A COMPONENT OF THE PREREQUISITES FOR CONCLUDING A PLEA BARGAIN IN CRIMINAL PROCEEDINGS

Maksym Hloba

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

ORCID ID: 0000-0002-7463-6664

Anotation. In the provisions of the scientific article, the author analyzes the current criminal procedure legislation of Ukraine, as well as the views of scholars on determining the elements of the precondition for sentencing on the basis of a plea agreement. Summarizing the results of this study, which determine the preconditions for concluding an agreement in criminal proceedings, it is concluded that such an agreement may be concluded in the case of a criminal offense that harms the state or public interests. At the same time, if the committed criminal offense harms both public and private interests, the conclusion of a plea agreement is possible only with the consent of the victim to formulate suspicion or accusation, legal qualification, agreed punishment and the procedure for eliminating the consequences. In this regard, it is proposed to make appropriate amendments to the Criminal Procedure Code of Ukraine.
Keywords: In the provisions of the scientific article, the author analyzes the current criminal procedure legislation of Ukraine, as well as the views of scholars on determining the elements of the precondition for sentencing on the basis of a plea agreement. Summarizing the results of this study, which determine the preconditions for concluding an agreement in criminal proceedings, it is concluded that such an agreement may be concluded in the case of a criminal offense that harms the state or public interests. At the same time, if the committed criminal offense harms both public and private interests, the conclusion of a plea agreement is possible only with the consent of the victim to formulate suspicion or accusation, legal qualification, agreed punishment and the procedure for eliminating the consequences. In this regard, it is proposed to make appropriate amendments to the Criminal Procedure Code of Ukraine.

THE LANGUAGE WORLD OF IVAN PEREPELYAK’S POETIC IDIOSTYLE

Viktoriia Horenko

Postgraduate Student at the Department of Ukrainian Language and Literature
H.S. Skovoroda Kharkiv National Pedagogical University (Kharkiv, Ukraine)

ORCID ID: 0000-0003-2697-2214

Anotation. The article embodies the idea to explore the artistic and creative potential of the linguistic personality of Ivan Perepelyak, which is perceived in the diverse accumulation of ideas, images, situational scenes, emotions and more. Analyzing the idiosyncrasy of the artist’s word, we should not forget the unity and integrity of the literary concept, against the background of the artistic and semantic fabric of creativity, take into account the organic internal interconnectedness and interdependence of its elements. Artistic paths play an important functional role in I. Perepelyak’s poems. Epitization, metaphoricity are most often associated with associations in the mind of the lyrical hero, and this comparison gives rise to metaphor, metonymy, synecdoche, symbol, comparison, artistic parallelism, and so on.
Keywords: The article embodies the idea to explore the artistic and creative potential of the linguistic personality of Ivan Perepelyak, which is perceived in the diverse accumulation of ideas, images, situational scenes, emotions and more. Analyzing the idiosyncrasy of the artist’s word, we should not forget the unity and integrity of the literary concept, against the background of the artistic and semantic fabric of creativity, take into account the organic internal interconnectedness and interdependence of its elements. Artistic paths play an important functional role in I. Perepelyak’s poems. Epitization, metaphoricity are most often associated with associations in the mind of the lyrical hero, and this comparison gives rise to metaphor, metonymy, synecdoche, symbol, comparison, artistic parallelism, and so on.

THE LIFE IN THE GREAT WORLD: THE WAY TO SUCCESS OF SAMUEL RICHARDSON’S HEROINE

Nataliia Kaliberda

Lecturer at the Department of English for Non-Philological Specialities
Oles Honchar Dnipro National University (Dnipro, Ukraine)

ORCID ID: 0000-0002-9503-8006

Anotation. The article highlights the poetics of the texts written by Richardson as a continuation of the novel “Pamela, or Virtue Rewarded”. It denotes the approaches to describing the shifts and the expansion of the possibilities of the epistolary form in the third and the fourth volumes of the book about Pamela. The concepts of the characters, the methods of creating the world of heroes, as well as the mechanism of the plot, are examined. Attention is focused on the ways of deploying of artistic space and time in the novels, the spatial and temporal markers as symbols. It is argued that while Volume I allows for mobility within the social structure for Pamela as long as she is virtuous, Volume II is simply about redirecting that power back in the domestic sphere of a socially controlled male ordered society. The fact that the postmarital parts of “Pamela” deal seriously with a broad range of social issues, centered on the corruption and reform of the aristocracy and the tension between sexuality and social stability, is also stressed.
Keywords: The article highlights the poetics of the texts written by Richardson as a continuation of the novel “Pamela, or Virtue Rewarded”. It denotes the approaches to describing the shifts and the expansion of the possibilities of the epistolary form in the third and the fourth volumes of the book about Pamela. The concepts of the characters, the methods of creating the world of heroes, as well as the mechanism of the plot, are examined. Attention is focused on the ways of deploying of artistic space and time in the novels, the spatial and temporal markers as symbols. It is argued that while Volume I allows for mobility within the social structure for Pamela as long as she is virtuous, Volume II is simply about redirecting that power back in the domestic sphere of a socially controlled male ordered society. The fact that the postmarital parts of “Pamela” deal seriously with a broad range of social issues, centered on the corruption and reform of the aristocracy and the tension between sexuality and social stability, is also stressed.

KYIV AS A TRADE AND INDUSTRIAL CENTER IN THE FIRST HALF OF THE 19TH CENTURY

Olena Kokhan

Master’s Degree, Research Fellow at the Department of the History of Ukraine of the 20th century
National Museum of the History of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0003-2150-928Х

Anotation. Since 1797 till the middle of the 19th century, Kyiv became a huge trade center. Especially because of the “Contract Fair”, which was visited by merchants from different cities of the Russian Empire and some European countries. A lot of goods were sold at the Fair, so this made Podil (a part of Kyiv) one of the richest parts in the city. Also, in the first half of the 19th century, industry started its development, and this gave positive effect for the development of the city too. So, there appeared factories, a lot of new buildings and bridges, development of shipping and railway stations started. One of the main industries became sugar industry. Also, the paper shows the development of different parts of Kyiv, which became bigger, because of the industrial development and growth of population of the city.
Keywords: Since 1797 till the middle of the 19th century, Kyiv became a huge trade center. Especially because of the “Contract Fair”, which was visited by merchants from different cities of the Russian Empire and some European countries. A lot of goods were sold at the Fair, so this made Podil (a part of Kyiv) one of the richest parts in the city. Also, in the first half of the 19th century, industry started its development, and this gave positive effect for the development of the city too. So, there appeared factories, a lot of new buildings and bridges, development of shipping and railway stations started. One of the main industries became sugar industry. Also, the paper shows the development of different parts of Kyiv, which became bigger, because of the industrial development and growth of population of the city.

CINEMATIC TECHNIQUES IN THE NOVEL “PERVERZIYA” BY YU. ANDRUKHOVYCH

Lubov Pecherskyh

PhD in Philology, Doctorate Student at the Department of Ukrainian Literature and Journalism named after Leonid Ushkalov
H. S. Skovoroda Kharkiv National Pedagogical University (Kharkiv, Ukraine)

ORCID ID: 0000-0003-1377-4462

Anotation. The genesis of borrowing of film structures in fiction is traced in the work. The article is devoted to the film poetics of the novel “Perversion” by Yu. Andrukhovych as a system of expressive and pictorial techniques that have a cinematic origin. The study pays attention to the consideration of a close-up to describe the appearance in combination with detailed lighting, light in the descriptions of landscapes and buildings, the specifics of the methods of listing, panning, ellipse, detailing objects and more.
Keywords: The genesis of borrowing of film structures in fiction is traced in the work. The article is devoted to the film poetics of the novel “Perversion” by Yu. Andrukhovych as a system of expressive and pictorial techniques that have a cinematic origin. The study pays attention to the consideration of a close-up to describe the appearance in combination with detailed lighting, light in the descriptions of landscapes and buildings, the specifics of the methods of listing, panning, ellipse, detailing objects and more.

THE ESSENCE OF EVIL PROBLEM IN THE WORKS OF METROPOLITAN ANTHONY OF SOUROZH

Syvak Mykhailo

Candidate of Theology, Associate Professor, Associate Professor at the Biblical and Philological Disciplines
Lviv Orthodox Theological Academy (Lviv, Ukraine)

ORCID ID: 0000-0003-0120-1368

Anotation. This article is devoted to the theme of understanding of the evil problems by Metropolitan Anthony of Sourozh (Bloom), an outstanding Christian thinker and theologist. Bishop Antony worked as a doctor for a very long time. Therefore, his understanding of the evil phenomenon is enriched not only by theological experience, but also by the one of medical practice. The object of the scientific article is the theological thought of Metropolitan Anthony of Sourozh. The subject of the study is the ontological aspect of the category of evil in its invariant manifestations in the philosophical and religious paradigms of the philosophical and theological thought of Metropolitan Anthony of Sourozh. The main purpose of the study is to carry out a historical and philosophical analysis of the category of evil in its ontological aspect based on the philosophical and theological concepts of Metropolitan Anthony of Sourozh.
Keywords: This article is devoted to the theme of understanding of the evil problems by Metropolitan Anthony of Sourozh (Bloom), an outstanding Christian thinker and theologist. Bishop Antony worked as a doctor for a very long time. Therefore, his understanding of the evil phenomenon is enriched not only by theological experience, but also by the one of medical practice. The object of the scientific article is the theological thought of Metropolitan Anthony of Sourozh. The subject of the study is the ontological aspect of the category of evil in its invariant manifestations in the philosophical and religious paradigms of the philosophical and theological thought of Metropolitan Anthony of Sourozh. The main purpose of the study is to carry out a historical and philosophical analysis of the category of evil in its ontological aspect based on the philosophical and theological concepts of Metropolitan Anthony of Sourozh.

ROMANY, JEWS AND SLOVENIANS IN ETHNOGRAPHIC RESEARCH OF MYKHAILО ZUBRYTS’KYI

Mykola Tuhai

Postgraduate Student at the Chair of Archeology and Ethnology
Vasyl Stefanyk Precarpatian National University (Ivano-Frankivsk, Ukraine)

ORCID ID: 0000-0001-5540-2953

Anotation. The article analyzes the ethnographic achievements of the Ukrainian ethnographer the priest Mykhailo Zubryts’kyі regarding certain features of the material and spiritual culture of Gypsies, Jews and Slovenes. The purpose of the article is to study and analyze ethnographic materials in which some ethnographic features of these peoples are highlighted. The methodological basis of scientific research is based on an interdisciplinary approach. Methods of philosophical, general scientific and concrete-historical character as well as the method of critical analysis of documentary material are used. For the first time, the ethnographic investigations of Priest Mykhailo Zubryts’kyi were analyzed, which reflected certain ethnographic features of certain peoples (Jews, Gypsies and Slovenes). In them, the researcher noted the features of family and calendar rituals, traditional features of economic structure and employment, as well as housing and other features. It is concluded that in addition to the study of the Boyko population, priest Mykhailo Zubryts’kyі studied and recorded the traditional features of the spiritual and material culture of peoples living alongside Ukrainians (Jews, Gypsies) and the people among whom the researcher lived for a long time (Slovenes).
Keywords: The article analyzes the ethnographic achievements of the Ukrainian ethnographer the priest Mykhailo Zubryts’kyі regarding certain features of the material and spiritual culture of Gypsies, Jews and Slovenes. The purpose of the article is to study and analyze ethnographic materials in which some ethnographic features of these peoples are highlighted. The methodological basis of scientific research is based on an interdisciplinary approach. Methods of philosophical, general scientific and concrete-historical character as well as the method of critical analysis of documentary material are used. For the first time, the ethnographic investigations of Priest Mykhailo Zubryts’kyi were analyzed, which reflected certain ethnographic features of certain peoples (Jews, Gypsies and Slovenes). In them, the researcher noted the features of family and calendar rituals, traditional features of economic structure and employment, as well as housing and other features. It is concluded that in addition to the study of the Boyko population, priest Mykhailo Zubryts’kyі studied and recorded the traditional features of the spiritual and material culture of peoples living alongside Ukrainians (Jews, Gypsies) and the people among whom the researcher lived for a long time (Slovenes).

INVESTIGATING CONCEPT OF AMBIGUITY (AIMAI) IN THE JAPANESE LINGVOCULTURE: CONCEPTUAL FIELD AND COGNITIVE MAPPING METHODS

Nataliia Shcherban

PhD Student at the Department of Eastern Languages
Kyiv National Linguistic University (Kyiv Ukraine)

ORCID ID: 0000-0003-1522-9193

Anotation. The following article provides a detailed analysis of the verbal realization of the Japanese concept of ambiguity, “aimai” while employing the methods of conceptual mapping and construal of the conceptual field of the said concept. The shortness of Japanese haiku is mendacious: apart from that a lot of its meaning is lost in translation, even more is decoded in particular phonetic and graphic Japanese language forms. The essential feature of hieroglyphic writing is that each hieroglyph consists of one or more “keys” – idiograms used for the designation of one concept, or, when combined, for the designation of a new word or concept, thus, has more than one reading. Ambiguity is expressed not only in polyphony of signs of a poetic piece, written ones as well as those said aloud, but also in that a reader has to decode for himself an implied mood of a lyrical character by analyzing special seasonal key words, ‘kigo’. By using the methods of cognitive linguistics and stylistics such as a conceptual field and a method of cognitive mapping one can learn how ambiguity, created by an author and that one contained in a language, lets a reader project his own senses onto a text canvas. The following research suggests there are a few primary ways how the concept of ambiguity is expressed in the Japanese poetry: i) the prevalence of nominative sentence use in haiku with only grammatical particle that suggest the direction and manner of action; ii) the sign and the object of the perceived reality have a lot more ties that are not, since a hieroglyph visually resembles the object it denotes. Merower, it is the author’s decision what alphabet will be used in a poem, therefore, the possibility for the interpretations widens.
Keywords: The following article provides a detailed analysis of the verbal realization of the Japanese concept of ambiguity, “aimai” while employing the methods of conceptual mapping and construal of the conceptual field of the said concept. The shortness of Japanese haiku is mendacious: apart from that a lot of its meaning is lost in translation, even more is decoded in particular phonetic and graphic Japanese language forms. The essential feature of hieroglyphic writing is that each hieroglyph consists of one or more “keys” – idiograms used for the designation of one concept, or, when combined, for the designation of a new word or concept, thus, has more than one reading. Ambiguity is expressed not only in polyphony of signs of a poetic piece, written ones as well as those said aloud, but also in that a reader has to decode for himself an implied mood of a lyrical character by analyzing special seasonal key words, ‘kigo’. By using the methods of cognitive linguistics and stylistics such as a conceptual field and a method of cognitive mapping one can learn how ambiguity, created by an author and that one contained in a language, lets a reader project his own senses onto a text canvas. The following research suggests there are a few primary ways how the concept of ambiguity is expressed in the Japanese poetry: i) the prevalence of nominative sentence use in haiku with only grammatical particle that suggest the direction and manner of action; ii) the sign and the object of the perceived reality have a lot more ties that are not, since a hieroglyph visually resembles the object it denotes. Merower, it is the author’s decision what alphabet will be used in a poem, therefore, the possibility for the interpretations widens.

PSYCHOLOGICAL WELL-BEING OF THE SUBJECT OF FAMILY AND PROFESSIONAL INTERACTION

Vera Kramchenkova, Lyudmila Zhukova

Vera Kramchenkova, Doctor of Psychological Sciences, Associate Professor at the Psychology Department H. S. Skovoroda Kharkiv National Pedagogical University (Kharkiv, Ukraine)
Lyudmila Zhukova, Postgraduate Student at the Department of Psychology H. S. Skovoroda Kharkiv National Pedagogical University (Kharkiv, Ukraine)

ORCID ID: 0000-0003-1179-8540, ORCID ID: 0000-0003-4170-8606

Anotation. The article is devoted to the consideration of the professional well-being of the individual as a subject of interpersonal interaction in the family and professional spheres. An overview of theoretical approaches to the study of psychological well-being is presented. The main directions in research on this topic by foreign and domestic authors are considered. Studies of factors that contribute to the achievement of a sense of well-being are presented. The choice of this problem is due to the fact that in the scientific literature, this topic is developed mainly in isolation from the subjectivity of the individual in the activity. The importance of involving the categories of interpersonal interaction in the study of psychological well-being in the family and professional spheres is determined. The interdeterminacy of psychological well-being and the ability to create effective interpersonal relationships is substantiated. The expediency of studying the phenomenon of psychological well-being in the family and professional sphere, taking into account the systemic and subjective content of interpersonal interaction, is emphasized.
Keywords: The article is devoted to the consideration of the professional well-being of the individual as a subject of interpersonal interaction in the family and professional spheres. An overview of theoretical approaches to the study of psychological well-being is presented. The main directions in research on this topic by foreign and domestic authors are considered. Studies of factors that contribute to the achievement of a sense of well-being are presented. The choice of this problem is due to the fact that in the scientific literature, this topic is developed mainly in isolation from the subjectivity of the individual in the activity. The importance of involving the categories of interpersonal interaction in the study of psychological well-being in the family and professional spheres is determined. The interdeterminacy of psychological well-being and the ability to create effective interpersonal relationships is substantiated. The expediency of studying the phenomenon of psychological well-being in the family and professional sphere, taking into account the systemic and subjective content of interpersonal interaction, is emphasized.

SIGNS AND CAUSE OF SOCIAL SPLIT

Denуs Popkov

PhD Student at the Department of Political Science of the Faculty of Philosophy
V. N. Karazin Kharkiv National University (Kharkiv, Ukraine)

ORCID ID: 0000-0003-3200-6098

Anotation. The article continues the author’s scientific research on the divided society in order to develop approaches to effective political and institutional means of its consolidation. The immanent properties of the ethnos and the causes of interethnic conflicts are distinguished. By combining the methods of systematic analysis and the results of research in the fields of ethnosociology and psychology, the irrationality and cruelty of such conflicts are explained by the influence of archaic patterns. The preservation of ethnic collective identity and the significance of its influence in modern conditions are noted and substantiated. The relationship between the proposed explanation and the political science concepts of statebuilding and nation-building is established. The author’s reservations about the applicability of such concepts, aimed at their universalization. Discrimination by (in favor of) the titular ethnic group is identified as the cause of conflicts in a polyethnic state that threaten the preservation of its integrity.
Keywords: The article continues the author’s scientific research on the divided society in order to develop approaches to effective political and institutional means of its consolidation. The immanent properties of the ethnos and the causes of interethnic conflicts are distinguished. By combining the methods of systematic analysis and the results of research in the fields of ethnosociology and psychology, the irrationality and cruelty of such conflicts are explained by the influence of archaic patterns. The preservation of ethnic collective identity and the significance of its influence in modern conditions are noted and substantiated. The relationship between the proposed explanation and the political science concepts of statebuilding and nation-building is established. The author’s reservations about the applicability of such concepts, aimed at their universalization. Discrimination by (in favor of) the titular ethnic group is identified as the cause of conflicts in a polyethnic state that threaten the preservation of its integrity.

THE ORIGIN OF THE DEMOCRATIC MOVEMENT IN THE KHARKIV REGION (1988 – 1990)

Vitaliy Shevchenko

Master of History, Postgraduate Student at the Department of History and Cultural Studies
O. M. Beketov National University of Urban Economy in Kharkiv (Kharkiv, Ukraine)

ORCID ID: 0000-0002-1291-4059

Anotation. The democratic movement fought against the totalitarian regime of the CPSU. The democratic movement was established in 1988 – 1990 by a number of public organizations. The article covers the emergence of the democratic movement in the Kharkiv region. Without a democratic political regime, Ukraine would not be able to win independence. The study of the history of the democratic movement is necessary in the study of today’s political system of Ukraine. When writing the article, the task was to determine the causes of the democratic movement, to learn the features of the democratic movement in the Kharkiv region. As a result of the study, the important role of the elections of people’s deputies of the USSR in 1989 for the democratization of Soviet society was established. Based on the data of the article, it is possible to conduct a study of opposition NGOs that operated in 1988 – 1990.
Keywords: The democratic movement fought against the totalitarian regime of the CPSU. The democratic movement was established in 1988 – 1990 by a number of public organizations. The article covers the emergence of the democratic movement in the Kharkiv region. Without a democratic political regime, Ukraine would not be able to win independence. The study of the history of the democratic movement is necessary in the study of today’s political system of Ukraine. When writing the article, the task was to determine the causes of the democratic movement, to learn the features of the democratic movement in the Kharkiv region. As a result of the study, the important role of the elections of people’s deputies of the USSR in 1989 for the democratization of Soviet society was established. Based on the data of the article, it is possible to conduct a study of opposition NGOs that operated in 1988 – 1990.

PECULIARITIES OF THE IMPLEMENTATION OF THE JUDICIAL REFORM OF 1864 IN THE NADPRIANSK REGION

Oleksandr Byrkovych

Candidate of Law Science, Associate Professor, Associate Professor at the Department of Theory and History of State and Law
Uzhhorod National University (Uzhhorod, Ukraine)

ORCID ID: 0000-0003-3880-359X

Anotation. The article describes the preconditions, features and content of the judicial reform of 1864. The introduced system of justice is defined not only as innovative, but also as one that changed the entire legal system of the Russian Empire. The key to this was the introduction of the principles of adversarial proceedings, publicity, equality of citizens before the courts and the guaranteed right to defense. The procedure of prosecutorial supervision, separation of court and pre-trial investigation, introduction of a jury trial, clear delineation of powers of the defense and prosecution, establishment of the presumption of innocence had an exclusively positive effect on the minds of ordinary citizens. On the territory of Ukraine, the introduction of judicial reform had its own specific features, which consisted in faster implementation, as in other regions of the empire of justices of the peace, except for the Right Bank, where zemstvos were established only at the turn of XIX–XX centuries. An exception was also the leveling of procedural requirements for candidates for magistrates’ courts, which resulted in the appointment of well-known public and political figures, leaders of public opinion. Justices of the peace (lower), district (higher), subordinated to the Senate, and the head of the entire judicial system remained the emperor.
Keywords: The article describes the preconditions, features and content of the judicial reform of 1864. The introduced system of justice is defined not only as innovative, but also as one that changed the entire legal system of the Russian Empire. The key to this was the introduction of the principles of adversarial proceedings, publicity, equality of citizens before the courts and the guaranteed right to defense. The procedure of prosecutorial supervision, separation of court and pre-trial investigation, introduction of a jury trial, clear delineation of powers of the defense and prosecution, establishment of the presumption of innocence had an exclusively positive effect on the minds of ordinary citizens. On the territory of Ukraine, the introduction of judicial reform had its own specific features, which consisted in faster implementation, as in other regions of the empire of justices of the peace, except for the Right Bank, where zemstvos were established only at the turn of XIX–XX centuries. An exception was also the leveling of procedural requirements for candidates for magistrates’ courts, which resulted in the appointment of well-known public and political figures, leaders of public opinion. Justices of the peace (lower), district (higher), subordinated to the Senate, and the head of the entire judicial system remained the emperor.

LEGAL NATURE OF THE PROSECUTOR’S ACTIVITIES AT THE TERMINATION OF CRIMINAL PROCEEDINGS

Ivan Gafych

Postgraduate Student at the Department of Judicial Organization and Prosecutorial Activities
Yaroslav Mudryi National Law University (Kharkiv, Ukraine)

ORCID ID: 0000-0001-7520-6538

Anotation. The scientific article considers the main components that determine the legal nature of the prosecutor’s activities to close criminal proceedings at the stage of pre-trial investigation. The disclosure of the nature of this activity allows us to determine its essence and outline the range of issues that the prosecutor decides on the closure of criminal proceedings. Thus, it becomes possible to ascertain the role of the prosecutor at the end of the preliminary investigation. The purpose of the article is to determine the legal nature of the prosecutor’s activity to close criminal proceedings as a form of ending a preliminary investigation. It is justified that it is the prosecutor who is the key and in most cases exclusive subject who decides to end the pre-trial investigation in one of the forms prescribed by law. It is argued that in the situation of closure of criminal proceedings, the prosecutor implements several forms of procedural leadership of a pre-trial investigation: 1) personal adoption of a procedural decision to close criminal proceedings; 2) control over the relevant procedural decision of the investigator; 3) initiating the adoption of this procedural decision by the investigating judge. Thus, the activities of the prosecutor in closing criminal proceedings can be defined as a complex and multidimensional direction of the procedural direction of the pre-trial investigation, which consists in the termination of criminal procedural activities if there are appropriate grounds that prevent its continuation and the referral of criminal proceedings to the court. This activity is derived from the prosecution of the prosecutor and is determined by the procedural status of the prosecutor as the entity authorized to administer the public prosecution of criminal proceedings.
Keywords: The scientific article considers the main components that determine the legal nature of the prosecutor’s activities to close criminal proceedings at the stage of pre-trial investigation. The disclosure of the nature of this activity allows us to determine its essence and outline the range of issues that the prosecutor decides on the closure of criminal proceedings. Thus, it becomes possible to ascertain the role of the prosecutor at the end of the preliminary investigation. The purpose of the article is to determine the legal nature of the prosecutor’s activity to close criminal proceedings as a form of ending a preliminary investigation. It is justified that it is the prosecutor who is the key and in most cases exclusive subject who decides to end the pre-trial investigation in one of the forms prescribed by law. It is argued that in the situation of closure of criminal proceedings, the prosecutor implements several forms of procedural leadership of a pre-trial investigation: 1) personal adoption of a procedural decision to close criminal proceedings; 2) control over the relevant procedural decision of the investigator; 3) initiating the adoption of this procedural decision by the investigating judge. Thus, the activities of the prosecutor in closing criminal proceedings can be defined as a complex and multidimensional direction of the procedural direction of the pre-trial investigation, which consists in the termination of criminal procedural activities if there are appropriate grounds that prevent its continuation and the referral of criminal proceedings to the court. This activity is derived from the prosecution of the prosecutor and is determined by the procedural status of the prosecutor as the entity authorized to administer the public prosecution of criminal proceedings.

A COMPOSITE WRONGFUL ACT OF THE STATE: NOTION AND EXTENSION IN TIME

Tatiana Hrabovych

Candidate of Juridical Sciences

ORCID ID: 0000-0001-6819-0486

Anotation. The article reveals the concept of a composite act and its extension in time. The following methods are used: legal-historical, comparative-legal, systemic, formal-legal and dialectical. It is established that a composite act consists of a series of actions or omissions defined in aggregate as a breach of a certain obligation. Composite acts give rise to continuing breaches, which extend in time from the first of the actions or omissions in the series of acts making up the wrongful conduct. It is proved that the state must be bound by an international obligation at the time when a series of acts constituting a breach is committed. The international jurisprudence (International Court of Justice, European Court of Human Rights, international arbitration) on this matter is analyzed.
Keywords: The article reveals the concept of a composite act and its extension in time. The following methods are used: legal-historical, comparative-legal, systemic, formal-legal and dialectical. It is established that a composite act consists of a series of actions or omissions defined in aggregate as a breach of a certain obligation. Composite acts give rise to continuing breaches, which extend in time from the first of the actions or omissions in the series of acts making up the wrongful conduct. It is proved that the state must be bound by an international obligation at the time when a series of acts constituting a breach is committed. The international jurisprudence (International Court of Justice, European Court of Human Rights, international arbitration) on this matter is analyzed.

QUALIFICATION REQUIREMENTS FOR THE PERSONNEL POTENTIAL OF THE EUROPEAN UNION AND UKRAINE JUDICIAL SYSTEMS

Kateryna Inozemtseva

Postgraduate Student at the Department of Administrative, Economic Law and Financial and Economic Security
Educational and Scientific Institute of Law of Sumy State University (Sumy, Ukraine)

ORCID ID: 0000-0003-3606-3575

Anotation. Globalization processes, strategies of professions and tendencies to increase the role of artificial intelligence, including its introduction into the judiciary, are increasingly drawing attention to the human resources of the judiciary. Qualification requirements are a fundamental system of admission of candidates to the position of a judge. The practice of EU countries varies in terms of qualification requirements for candidates for the position of judge, from general (citizenship, age, higher legal education, experience in the field of law) to special (requirements for specialized education, internship). Ukraine, as a developing country, contains a system of general requirements for candidates for the position of judges, with the exception of the newly created High Court of Intellectual Property, for which candidates for the position contain special requirements.
Keywords: Globalization processes, strategies of professions and tendencies to increase the role of artificial intelligence, including its introduction into the judiciary, are increasingly drawing attention to the human resources of the judiciary. Qualification requirements are a fundamental system of admission of candidates to the position of a judge. The practice of EU countries varies in terms of qualification requirements for candidates for the position of judge, from general (citizenship, age, higher legal education, experience in the field of law) to special (requirements for specialized education, internship). Ukraine, as a developing country, contains a system of general requirements for candidates for the position of judges, with the exception of the newly created High Court of Intellectual Property, for which candidates for the position contain special requirements.

STRATEGIC DIRECTIONS AND PROSPECTS OF IMPROVING THE ACTIVITIES OF THE HIGH COURT ON INTELLECTUAL PROPERTY

Viktoriia Kuryava

Postgraduate Student at the Department of Administrative, Commercial Law and Financial and Economic Security
Educational and Scientific Institute of Law of the Sumy State University (Sumy, Ukraine)

ORCID ID: 0000-0002-0422-4605

Anotation. The article considers the prospect of implementation in practice, provided by the national legislation of the Supreme Court on intellectual property, as a guarantee of strategic goals to ensure a highly effective system of protection and judicial protection of intellectual property rights in Ukraine. The key directions and stages of implementation of the National Strategy for the Development of Intellectual Property in Ukraine as the main factor in solving the problem of the Supreme Court on intellectual property issues are analyzed. Some recommendations have been formed, aimed at eliminating the problems of the practical implementation of the creation of the court and determined by the prospect of further study of the issues.
Keywords: The article considers the prospect of implementation in practice, provided by the national legislation of the Supreme Court on intellectual property, as a guarantee of strategic goals to ensure a highly effective system of protection and judicial protection of intellectual property rights in Ukraine. The key directions and stages of implementation of the National Strategy for the Development of Intellectual Property in Ukraine as the main factor in solving the problem of the Supreme Court on intellectual property issues are analyzed. Some recommendations have been formed, aimed at eliminating the problems of the practical implementation of the creation of the court and determined by the prospect of further study of the issues.

SECURING THE RIGHT TO THE CONFIDENTIALITY OF CORRESPONDENCE IN THE CONDITIONS OF A STATE OF EMERGENCY: FOREIGN EXPERIENCE FOR UKRAINE

Alina Levchenko

PhD Student at the Department of Constitutional, Administrative and Criminal Law
Kyiv National Economic University named after Vadym Hetman (Kyiv, Ukraine)

ORCID ID: 0000-0002-0221-3937

Anotation. The main task of every democratic state is to ensure human rights and freedoms, including the right to the confidentiality of correspondence. Ensuring this right is of the utmost importance in the conditions of a state of emergency. The basis of this study uses an interdisciplinary approach using dialectical, comparative-legal, systemic methods, method of analysis, normative-legal, formal-logical methods and forecasting in order to investigate the normative provision of the right to the confidentiality of correspondence in the conditions of a state of emergency in Ukraine and abroad. Scientific works, as well as national and foreign legislation on the research topic laid groundwork for the theoretical-methodological and normative bases of the research. The article analyzes national and foreign legislation the restriction of human right, in particular the right to the confidentiality of correspondence, in the conditions of a state of emergency. There are three models of constitutional regulation of restrictions of human rights and freedoms in the conditions of a state of emergency, each of them is characterized in accordance with the norms of the constitutions of foreign countries. The most optimal among these models, that meets the requirements of the rule of law, is identified. It is defined that Ukraine has a different model of constitutional regulation of restrictions of human rights in the conditions of a state of emergency, and it is recommended to adapt the existing in Ukraine model to the more optimal and widespread one among foreign countries. The author suggests to make appropriate changes to the Ukrainian Constitution and the Law of Ukraine “On the legal regime of a state of emergency”, taking into consideration the foreign countries legislation operating in the conditions of a state of emergency. As a result of the study, the author ascertained that it can effectively secure and protect human rights, in particular the right to the confidentiality of correspondence in the conditions of a state of emergency.
Keywords: The main task of every democratic state is to ensure human rights and freedoms, including the right to the confidentiality of correspondence. Ensuring this right is of the utmost importance in the conditions of a state of emergency. The basis of this study uses an interdisciplinary approach using dialectical, comparative-legal, systemic methods, method of analysis, normative-legal, formal-logical methods and forecasting in order to investigate the normative provision of the right to the confidentiality of correspondence in the conditions of a state of emergency in Ukraine and abroad. Scientific works, as well as national and foreign legislation on the research topic laid groundwork for the theoretical-methodological and normative bases of the research. The article analyzes national and foreign legislation the restriction of human right, in particular the right to the confidentiality of correspondence, in the conditions of a state of emergency. There are three models of constitutional regulation of restrictions of human rights and freedoms in the conditions of a state of emergency, each of them is characterized in accordance with the norms of the constitutions of foreign countries. The most optimal among these models, that meets the requirements of the rule of law, is identified. It is defined that Ukraine has a different model of constitutional regulation of restrictions of human rights in the conditions of a state of emergency, and it is recommended to adapt the existing in Ukraine model to the more optimal and widespread one among foreign countries. The author suggests to make appropriate changes to the Ukrainian Constitution and the Law of Ukraine “On the legal regime of a state of emergency”, taking into consideration the foreign countries legislation operating in the conditions of a state of emergency. As a result of the study, the author ascertained that it can effectively secure and protect human rights, in particular the right to the confidentiality of correspondence in the conditions of a state of emergency.

GENESIS OF A LEGITIMATE EXPECTATIONS CONCEPT IN THE CONTEXT OF MODERN TRENDS IN THE EUROPEAN LAW

Maryna Mahrelo

Law Clerk at the Department for Elaboration of Legal Positions of the Grand Chamber and Courts of Cassation
Ukrainian Supreme Court(Kiev, Ukraine)

ORCID ID: 0000-0002-4592-1693

Anotation. The concept of legitimate expectations today is one of the most controversial legal issues, which is widely discussed by public law scholars. Despite the large number of publications, currently there is no systematic or at least consistent theory accepted by the scientific community that would reflect the nature, purpose and working mechanism of the principle of legitimate expectations in the relationships between a person and public administration as a bearer of discretion. This article is an attempt to analyze the origin of legitimate expectations concept in the context of multifaceted public law issues of European legal order. It argues that only comprehensive, systematic approach to viewing legitimate expectations as a phenomenon of public law, namely concerning the close ties of this phenomenon with the main trends in European law, can ensure an adequate understanding of the former.
Keywords: The concept of legitimate expectations today is one of the most controversial legal issues, which is widely discussed by public law scholars. Despite the large number of publications, currently there is no systematic or at least consistent theory accepted by the scientific community that would reflect the nature, purpose and working mechanism of the principle of legitimate expectations in the relationships between a person and public administration as a bearer of discretion. This article is an attempt to analyze the origin of legitimate expectations concept in the context of multifaceted public law issues of European legal order. It argues that only comprehensive, systematic approach to viewing legitimate expectations as a phenomenon of public law, namely concerning the close ties of this phenomenon with the main trends in European law, can ensure an adequate understanding of the former.

THE PRINCIPLE OF DUE DILIGENCE IN TAX LEGISLATION AND JUDICIAL PRACTICE OF EU COUNTRIES AND UKRAINE: COMPARATIVE ANALYSIS

Viktor Moroz

Applicant at the Faculty of Law National Aviation University, Managing Partner
Law Firm “Suprema Lex”

ORCID ID: 0000-0002-7070-0104

Anotation. The article is devoted to the issues of comparative analysis of tax legislation and case law of the EU and Ukraine in terms of the principle of due diligence. The article examines the concept of tax administration, tax administration in the EU countries and Ukraine, identifies the essence of the principle of due diligence, analyzes the application of due diligence in litigation in the EU and domestic case law in Ukraine and prospects for the development of Ukrainian legislation to avoid existing risks the principle of due diligence. In addition, the article states that the essence of the principle (doctrine) of due diligence is that the taxpayer – the buyer is not liable in the form of deprivation of the right to a tax credit or the cost of tax abuse of its supplier or its counterparties only if he showed due diligence and caution and he was not aware of the abuse of his counterparties. Moreover, the regulation of the principle of due diligence in the legislation of the EU countries in comparison with the domestic regulation of Ukraine of this principle is analyzed and recommendations are made to eliminate gaps in the legal regulation of the principle of due diligence in the domestic legislation of Ukraine. The results of the study substantiate the need to strike a balance between the principle of due diligence and the principles of proportionality and efficiency by prohibiting procedural rules that would make it impossible to exercise the rights conferred on taxpayer.
Keywords: The article is devoted to the issues of comparative analysis of tax legislation and case law of the EU and Ukraine in terms of the principle of due diligence. The article examines the concept of tax administration, tax administration in the EU countries and Ukraine, identifies the essence of the principle of due diligence, analyzes the application of due diligence in litigation in the EU and domestic case law in Ukraine and prospects for the development of Ukrainian legislation to avoid existing risks the principle of due diligence. In addition, the article states that the essence of the principle (doctrine) of due diligence is that the taxpayer – the buyer is not liable in the form of deprivation of the right to a tax credit or the cost of tax abuse of its supplier or its counterparties only if he showed due diligence and caution and he was not aware of the abuse of his counterparties. Moreover, the regulation of the principle of due diligence in the legislation of the EU countries in comparison with the domestic regulation of Ukraine of this principle is analyzed and recommendations are made to eliminate gaps in the legal regulation of the principle of due diligence in the domestic legislation of Ukraine. The results of the study substantiate the need to strike a balance between the principle of due diligence and the principles of proportionality and efficiency by prohibiting procedural rules that would make it impossible to exercise the rights conferred on taxpayer.

LEGAL BASIS OF ELECTRONIC DEMOCRACY IN UKRAINE

Anna Mkhitarian

Postgraduate Student at the Department of Constitutional Law and Justice
Odessa I. I. Mechnikov National University (Odesa, Ukraine)

ORCID ID: 0000-0002-1581-8812

Anotation. The article examines the theoretical and legal foundations of e-democracy in Ukraine. The social preconditions of information society development and legal regulation of this sphere are considered. The article describes the most famous theories of e-democracy – “participatory democracy” by J. Masuda, “semi-direct democracy” by E. Toffler and “monitoring democracy” by J. Keane. The main problems of modern post-representative democracy were also identified. The main part of the work is devoted to the analysis of Ukrainian legislation in the field of information society development and e-democracy. n addition to national legislation, Recommendation CM/Rec (2009) 1 of the Committee of Ministers of the Council of Europe on e-Democracy and its main provisions on e-democracy and its sectors are considered.
Keywords: The article examines the theoretical and legal foundations of e-democracy in Ukraine. The social preconditions of information society development and legal regulation of this sphere are considered. The article describes the most famous theories of e-democracy – “participatory democracy” by J. Masuda, “semi-direct democracy” by E. Toffler and “monitoring democracy” by J. Keane. The main problems of modern post-representative democracy were also identified. The main part of the work is devoted to the analysis of Ukrainian legislation in the field of information society development and e-democracy. n addition to national legislation, Recommendation CM/Rec (2009) 1 of the Committee of Ministers of the Council of Europe on e-Democracy and its main provisions on e-democracy and its sectors are considered.

CONCEPTUAL APPROACHES IN LAW TO THE CONCEPT OF THE AGRARIAN MARKET DEFINITION

Yuliia Pavluchenko

Ph. D. in Law, Associate Professor, Associate Professor at the Department of Commercial Law
Vasyl’ Stus Donetsk National University (Vinnytsya, Ukraine)

ORCID ID: 0000-0003-1504-8384

Anotation. The agrarian market is the subject of legal regulation, so there is a necessety to its clear legal definition. The research is based on the approach that the concept of the agrarian market is the developing one and it was derived from the concept of the market. During the research, using the system method, the method of analysis and synthesis and the formal-legal method, the determination of the definition of the concept of the market and the agrarian market from the variety of the scientific sources, the legislation of Ukraine and some other countries, was carried out. Among the available scientific approaches to the definition of the market, it was found that in the legal science, the agrarian market is mostly understood as a sphere of trade, a system (set) of social relations or a mechanism of regulation. It was proved that for the general legislative definition of the agrarian market it is possible to consider the understanding of this concept as a system of social relations regulated by the rules of law that arise in relation to the sale of agricultural products as a principle. At the same time, in the context of improving the legal regulation of the agrarian market, it is also necessary to take into account the defining approaches to the agrarian market as a sector of commodity circulation and a mechanism for regulating the interaction between the potential sellers and buyers.
Keywords: The agrarian market is the subject of legal regulation, so there is a necessety to its clear legal definition. The research is based on the approach that the concept of the agrarian market is the developing one and it was derived from the concept of the market. During the research, using the system method, the method of analysis and synthesis and the formal-legal method, the determination of the definition of the concept of the market and the agrarian market from the variety of the scientific sources, the legislation of Ukraine and some other countries, was carried out. Among the available scientific approaches to the definition of the market, it was found that in the legal science, the agrarian market is mostly understood as a sphere of trade, a system (set) of social relations or a mechanism of regulation. It was proved that for the general legislative definition of the agrarian market it is possible to consider the understanding of this concept as a system of social relations regulated by the rules of law that arise in relation to the sale of agricultural products as a principle. At the same time, in the context of improving the legal regulation of the agrarian market, it is also necessary to take into account the defining approaches to the agrarian market as a sector of commodity circulation and a mechanism for regulating the interaction between the potential sellers and buyers.

INFORMATIZATION OF EDUCATION IN THE CONTEXT OF FORMATION GLOBAL EDUCATIONAL SPACE

Inna Kapush

Postgraduate Student
Lviv University of Business and Law (Lviv, Ukraine)

ORCID ID: 0000-0002-1672-0999

Anotation. The article analyzes the issues of informatization of education in the context of the formation of the global educational space. It is noted that the process of informatization of society requires an indisputable process of informatization of education. After all, education as a social institution cannot but feels the changes taking place in society. It is stated that in modern society the amount of information is so large that working with it, the usual ways of searching and transmitting it become ineffective. With the advent of new technical means, the possibilities of working with information have changed qualitatively and significantly expanded. Informatization of society is a process of active use of information technology for the production, processing, storage and dissemination of information and especially knowledge. Modern powerful computers and means of communication allow you to quickly find, transmit and process the necessary information. And for this you need to be able to use these tools, ie to have the appropriate technologies, which today are called «new information technologies». It is indicated that in order to improve the quality parameters of the entire education system, the problem of improving the quality of training in educational institutions comes to the fore. The prerequisites for this process are the following provisions: the transformation of pedagogy itself; a sharp increase in the amount of information; ongoing social changes in society; organizational measures; the need to move from frontal to individual and differentiated learning, which necessitates the fastest and widest possible process of informatization of education. It is emphasized that the informatization of education is the creation and use of information technology to increase the efficiency of activities carried out in the education system.
Keywords: The article analyzes the issues of informatization of education in the context of the formation of the global educational space. It is noted that the process of informatization of society requires an indisputable process of informatization of education. After all, education as a social institution cannot but feels the changes taking place in society. It is stated that in modern society the amount of information is so large that working with it, the usual ways of searching and transmitting it become ineffective. With the advent of new technical means, the possibilities of working with information have changed qualitatively and significantly expanded. Informatization of society is a process of active use of information technology for the production, processing, storage and dissemination of information and especially knowledge. Modern powerful computers and means of communication allow you to quickly find, transmit and process the necessary information. And for this you need to be able to use these tools, ie to have the appropriate technologies, which today are called «new information technologies». It is indicated that in order to improve the quality parameters of the entire education system, the problem of improving the quality of training in educational institutions comes to the fore. The prerequisites for this process are the following provisions: the transformation of pedagogy itself; a sharp increase in the amount of information; ongoing social changes in society; organizational measures; the need to move from frontal to individual and differentiated learning, which necessitates the fastest and widest possible process of informatization of education. It is emphasized that the informatization of education is the creation and use of information technology to increase the efficiency of activities carried out in the education system.

ENSURING LEGALITY IN THE FIELD OF ACTIVITY PUBLIC ADMINISTRATION IN MODERN CONDITIONS

Oleksii Marushii

Postgraduate Student
Lviv University of Business and Law (Lviv, Ukraine)

ORCID ID: 0000-0002-2677-7577

Anotation. The article analyzes the approaches to understanding the concept of “legality” in the field of public administration. It is noted that this category is considered in a narrow and broad sense, because legality is a fairly broad multifaceted phenomenon, which permeates the essence of all the processes of society, state and life of people governed by law. A kind of chain of single-order phenomena, which reflects the content and purpose of legality allowed us to argue that it is impossible to oppose the stages and forms of expression of legality. They are all important, interdependent, and only their implementation in general can ensure a clear and correct implementation of the law by all parties. Thus, legality is a kind of process of transition from legal possibility to legal reality. This is the manifestation of the dictatorship of the law. It is emphasized that legality in executive bodies is, in fact, the core principle of their activity. It is indicated that the main principles of legality in the field of public administration are: the rule of law in the system of regulations; unity of legality; indisputability of the law in social practice; the real nature of legality; ensuring human rights; the inevitability of liability for the offense; the relationship between legality and expediency, legality and culture, legality and justice, etc.
Keywords: The article analyzes the approaches to understanding the concept of “legality” in the field of public administration. It is noted that this category is considered in a narrow and broad sense, because legality is a fairly broad multifaceted phenomenon, which permeates the essence of all the processes of society, state and life of people governed by law. A kind of chain of single-order phenomena, which reflects the content and purpose of legality allowed us to argue that it is impossible to oppose the stages and forms of expression of legality. They are all important, interdependent, and only their implementation in general can ensure a clear and correct implementation of the law by all parties. Thus, legality is a kind of process of transition from legal possibility to legal reality. This is the manifestation of the dictatorship of the law. It is emphasized that legality in executive bodies is, in fact, the core principle of their activity. It is indicated that the main principles of legality in the field of public administration are: the rule of law in the system of regulations; unity of legality; indisputability of the law in social practice; the real nature of legality; ensuring human rights; the inevitability of liability for the offense; the relationship between legality and expediency, legality and culture, legality and justice, etc.

FEATURES OF USING MODERN INFORMATION TECHNOLOGIES IN THE ACTIVITIES OF ADMINISTRATIVE SERVICES CENTERS

Serhii Fedorishchev

applicant of the Department of Administrative and Customs Law
University of Customs and Finance (Dnipro, Ukraine)

ORCID ID: 0000-0001-9134-8499

Anotation. The essence of the use of modern information technologies in the activities of administrative service centers is covered in the scientific article. It is established that the use of modern information technology in the provision of administrative municipal services is characterized not only by the quantity and quality of information posted on websites, but also by ensuring the operation of certain electronic services: the ability to receive advice by e-mail or op-1ipe download forms and samples of applications and other documents required to receive the service; make a preliminary appointment through the site; the possibility of service through a "personal account", for example: to send scanned copies of documents for the service for their preliminary verification by the responsible employees of the CNAP or the subject of the service for their compliance with the law; check the status of the procedure for providing the service at the request of the client; send an application with documents and receive the result of the service (in some possible cases, taking into account the rules of applicable law); to take part in op-1ipe survey on the quality of service; the ability to monitor the situation in the CNAP through WEB-cameras; the ability to obtain statistical information, for example, to learn about the periods of greatest or least busy CNAP; view the history of the progress of the queue; get acquainted with the most popular administrative services, etc.
Keywords: The essence of the use of modern information technologies in the activities of administrative service centers is covered in the scientific article. It is established that the use of modern information technology in the provision of administrative municipal services is characterized not only by the quantity and quality of information posted on websites, but also by ensuring the operation of certain electronic services: the ability to receive advice by e-mail or op-1ipe download forms and samples of applications and other documents required to receive the service; make a preliminary appointment through the site; the possibility of service through a "personal account", for example: to send scanned copies of documents for the service for their preliminary verification by the responsible employees of the CNAP or the subject of the service for their compliance with the law; check the status of the procedure for providing the service at the request of the client; send an application with documents and receive the result of the service (in some possible cases, taking into account the rules of applicable law); to take part in op-1ipe survey on the quality of service; the ability to monitor the situation in the CNAP through WEB-cameras; the ability to obtain statistical information, for example, to learn about the periods of greatest or least busy CNAP; view the history of the progress of the queue; get acquainted with the most popular administrative services, etc.

CONCEPTS AND SIGNS OF PROVISION OF PUBLIC SERVICES IN THE FIELD OF STATE REGISTRATION OF PROPERTY RIGHTS ON REAL ESTATE

Natalia Martyniuk

Applicant for the Department of Administrative and Customs Law
University of Customs and Finance (Dnipro, Ukraine)

ORCID ID: 0000-0001-9134-8499

Anotation. The scientific article is devoted to the coverage of the category of public services provided in Ukraine. The main approaches to defining the concept of public services are considered. Taking into account the normative legal acts and the state of scientific development, the features of public services in the field of state registration of real rights to immovable property are singled out. Proposed under the public service in the field of state registration of real property rights should be understood regulated by legal acts of the public administration on real property rights from the application of a natural or legal person for the issuance of an administrative act (permit (license), certificate, certificate etc.), aimed at ensuring its rights and legitimate interests and / or to perform a person's duties under the law. Taking into account the opinions of scientists on the understanding of the essence of public services, the features of public services for the state registration of real rights to immovable property include: the subject of legal relations; direct initiative (application) of a natural and / or legal entity; clear regulations in accordance with the legislation on the provision of public services in this area; an individual administrative act, which is the end result of the service.
Keywords: The scientific article is devoted to the coverage of the category of public services provided in Ukraine. The main approaches to defining the concept of public services are considered. Taking into account the normative legal acts and the state of scientific development, the features of public services in the field of state registration of real rights to immovable property are singled out. Proposed under the public service in the field of state registration of real property rights should be understood regulated by legal acts of the public administration on real property rights from the application of a natural or legal person for the issuance of an administrative act (permit (license), certificate, certificate etc.), aimed at ensuring its rights and legitimate interests and / or to perform a person's duties under the law. Taking into account the opinions of scientists on the understanding of the essence of public services, the features of public services for the state registration of real rights to immovable property include: the subject of legal relations; direct initiative (application) of a natural and / or legal entity; clear regulations in accordance with the legislation on the provision of public services in this area; an individual administrative act, which is the end result of the service.

PROBLEMS OF CONCEPTUAL DEVELOPMENT OF ARCHIVAL LAW AND ARCHIVAL LEGISLATION IN THE TECHNOTRONIC AGE SUMMARY

Mariia Horishnia

Applicant at the Department of Administrative and Customs Law
University of Customs and Finance (Dnipro, Ukraine)

ORCID ID: 0000-0001-5067-6138

Anotation. The article examines the intersectoral nature of archival law, its relationship with information law as an integrated category and the problems of forming doctrinal approaches at the turn of the phases of the information age. Attention was focused on the legal aspects related to the peculiarities of the formation of archival affairs in the latest conditions of digitalization. It is determined that the principles of activity of the national archival service are established by the archival legislation. The subject of legislative regulation in the field of archival affairs are the relations that arise in the process of organizing the storage, acquisition, accounting and use of archival documents, which is carried out in the interests of society, the state and the citizen. It is proved that the archival industry performs an administrative function in the state, so it can not do without the appropriate regulatory support, and the relations arising from access to archival information need to improve regulation. It is observed that the foundations of the formation of archival law are formed in the plane of information law, covering a range of issues – the rights of the individual, property, administrative and international law, the right to information or its restrictions. It was found that one of the main functions of archival law is to develop a methodology for legal support of acquisition, registration, storage of retrospective documents, including digital format, and informing about them. The “family” relationships of archival law with information law are shown and it is substantiated that the science of archival law is becoming more and more interdisciplinary. The conclusions formulate the main function of archival law as a sub-branch of law and the institution of information law, which follows from the subject and priorities of objects of legal regulation – development of methods of legal support of acquisition, registration, storage of retrospective repository documents and informing about them.
Keywords: The article examines the intersectoral nature of archival law, its relationship with information law as an integrated category and the problems of forming doctrinal approaches at the turn of the phases of the information age. Attention was focused on the legal aspects related to the peculiarities of the formation of archival affairs in the latest conditions of digitalization. It is determined that the principles of activity of the national archival service are established by the archival legislation. The subject of legislative regulation in the field of archival affairs are the relations that arise in the process of organizing the storage, acquisition, accounting and use of archival documents, which is carried out in the interests of society, the state and the citizen. It is proved that the archival industry performs an administrative function in the state, so it can not do without the appropriate regulatory support, and the relations arising from access to archival information need to improve regulation. It is observed that the foundations of the formation of archival law are formed in the plane of information law, covering a range of issues – the rights of the individual, property, administrative and international law, the right to information or its restrictions. It was found that one of the main functions of archival law is to develop a methodology for legal support of acquisition, registration, storage of retrospective documents, including digital format, and informing about them. The “family” relationships of archival law with information law are shown and it is substantiated that the science of archival law is becoming more and more interdisciplinary. The conclusions formulate the main function of archival law as a sub-branch of law and the institution of information law, which follows from the subject and priorities of objects of legal regulation – development of methods of legal support of acquisition, registration, storage of retrospective repository documents and informing about them.

HISTORY OF THE TAX LEXIS IN THE UKRAINIAN LANGUAGE OF THE XX – THE BEGINNING OF THE XXI CENTURY

Rybak Kateryna

postgraduate student of the Department of Ukrainian language
Zaporizhzhya National University (Zaporizhzhia, Ukraine)

ORCID ID: 0000-0001-7995-8454

Anotation. The nomination of the tax sphere in the Ukrainian language of the XX – the begginnig of the XXI century is analyzed in this article. The subgroups of the lexico-semantic group «taxes names» are distinguished by objects and subjects of taxation in relation to the socio-economic processes that took place in the process of state formation. The structural-semantic features and dynamics of the functioning of taxes names during the specified period in the context of the history of the Ukrainian language are investigated. Among the taxes names are ancient words dating back to Slavic origin. However, in the language they most often function in the form of passive vocabulary, such as historicisms and archaisms. Much of the Ukrainian language token has been learned from other languages through the mediation of Russian and Polish. There has also been an increase in internationalism. As in previous language periods, derivatives of –ина and –ник, substantive adjectives, proved to be productive. Part of the tumors are difficult shortening. The number of names of features that characterize the taxation process is noticeably increasing. In conjunction with nouns, such tokens form substantive-addictive phrases.
Keywords: The nomination of the tax sphere in the Ukrainian language of the XX – the begginnig of the XXI century is analyzed in this article. The subgroups of the lexico-semantic group «taxes names» are distinguished by objects and subjects of taxation in relation to the socio-economic processes that took place in the process of state formation. The structural-semantic features and dynamics of the functioning of taxes names during the specified period in the context of the history of the Ukrainian language are investigated. Among the taxes names are ancient words dating back to Slavic origin. However, in the language they most often function in the form of passive vocabulary, such as historicisms and archaisms. Much of the Ukrainian language token has been learned from other languages through the mediation of Russian and Polish. There has also been an increase in internationalism. As in previous language periods, derivatives of –ина and –ник, substantive adjectives, proved to be productive. Part of the tumors are difficult shortening. The number of names of features that characterize the taxation process is noticeably increasing. In conjunction with nouns, such tokens form substantive-addictive phrases.

INDEMNITY OBLIGATIONS AS A FORM IMPLEMENTATION OF TORT LIABILITY

Yuliya Borysova

postgraduate student
Odesa I.I. Mechnikov National University

ORCID ID: 0000-0002-7046-0016

Anotation. In the article there are explored the peculiarities of the indemnity obligation as a form of realization of tort liability through the use of such an algorithm: the definition of the concept of tort liability; the disclosure of the nature and elements of the indemnity obligation; the defining the mechanism for implementing tort liability under the indemnity obligation as a protective legal relationship. It is established that tort liability as a type of civil liability is realized within the framework of obligations for reparation of injury and represents a new relative obligation, is assigned to the perpetrator of injury (subject of tort liability) in case of violation by him of absolute passive debt in absolute legal relations. Its purpose is to renew the violated absolute right, and in case of impossibility – compensation for the losses caused, compensation for non-pecuniary (moral) damage. Attention is drawn to the fact that only the offender is the subject of tort liability, since it is the person who is responsible for the intangible property consequences of the offense. The basis of the requirement for a person to be subject to tort liability is its delicacy. In the event that the latter is absent from the obligation to cause injury and, accordingly, the subject of tort liability is the person responsible for the conduct of the injury. If the subject fulfills tort responsibility assigned to him as part of the obligation to compensate for damage, tort responsibility is realized.
Keywords: In the article there are explored the peculiarities of the indemnity obligation as a form of realization of tort liability through the use of such an algorithm: the definition of the concept of tort liability; the disclosure of the nature and elements of the indemnity obligation; the defining the mechanism for implementing tort liability under the indemnity obligation as a protective legal relationship. It is established that tort liability as a type of civil liability is realized within the framework of obligations for reparation of injury and represents a new relative obligation, is assigned to the perpetrator of injury (subject of tort liability) in case of violation by him of absolute passive debt in absolute legal relations. Its purpose is to renew the violated absolute right, and in case of impossibility – compensation for the losses caused, compensation for non-pecuniary (moral) damage. Attention is drawn to the fact that only the offender is the subject of tort liability, since it is the person who is responsible for the intangible property consequences of the offense. The basis of the requirement for a person to be subject to tort liability is its delicacy. In the event that the latter is absent from the obligation to cause injury and, accordingly, the subject of tort liability is the person responsible for the conduct of the injury. If the subject fulfills tort responsibility assigned to him as part of the obligation to compensate for damage, tort responsibility is realized.

CONCERNING THE CONCEPT AND MEANING OF CONTRACTS IN THE SYSTEM OG LEGAL REGULATION OF RELATIONS ARISING FROM CARRIAGE BY RAIL

Rostyslav Sirko

PhD in Juridical sciences, ass. prof. Associate Professor at the Department Jurisprudence
Chernivtsi Institute of International Humanitarian University

ORCID ID: 0000-0002-9698-5865

Anotation. The contract of carriage by rail is by far one of the most common types of transport contracts. Despite the sufficiently detailed legal regulation in civil law, there are some problems in the practice of applying some of its rules. This is due primarily to the existence of numerous special laws and codes governing certain types of contract of carriage. At present, the transport legislation, as well as the civil legislation, is in the process of recodification, so the purpose of the article is first and foremost to determine the basic prerequisites and features of the contract of carriage by rail. The methodology of research is the general scientific methods of cognition: dialectical-materialistic, comparative, historical, systemic and others. Conclusions have been made regarding the amendments to the current legislation on the carriage of goods, as well as certain elements necessary for its conclusion.
Keywords: The contract of carriage by rail is by far one of the most common types of transport contracts. Despite the sufficiently detailed legal regulation in civil law, there are some problems in the practice of applying some of its rules. This is due primarily to the existence of numerous special laws and codes governing certain types of contract of carriage. At present, the transport legislation, as well as the civil legislation, is in the process of recodification, so the purpose of the article is first and foremost to determine the basic prerequisites and features of the contract of carriage by rail. The methodology of research is the general scientific methods of cognition: dialectical-materialistic, comparative, historical, systemic and others. Conclusions have been made regarding the amendments to the current legislation on the carriage of goods, as well as certain elements necessary for its conclusion.

RELEVANCE OF CORPUS APPROACHES TO RESEARCHING THE POLITICAL DISCOURSE

Vitalii Stepanov

PhD student of the Department for Theory and Practice of Translation from the English Language
Zaporizhzhia National University (Zaporizhzhia, Ukraine)

ORCID ID: 0000-0002-8169-7908

Anotation. The article reveals the mechanism of reconstructing linguistic corpora as an authentic base for research of modern processes in the political discourse. Key criteria of compiling corpora are stated that differ them from a random text set – representativeness, electronic format, annotation, program software. Each criterion and its role in corpus structure are described. The author focuses on the fact that corpora are a simplified compact model of modern discourse as a limitless communicative environment for political process objectification. Additionally, the most popular corpus approaches to studying processes within the modern political discourse are represented – content analysis, critical analysis, descriptive analysis, cognitive analysis (including conceptual metaphor, component analysis, semantics of lingual networks, quantitative analysis, associating experiment).
Keywords: The article reveals the mechanism of reconstructing linguistic corpora as an authentic base for research of modern processes in the political discourse. Key criteria of compiling corpora are stated that differ them from a random text set – representativeness, electronic format, annotation, program software. Each criterion and its role in corpus structure are described. The author focuses on the fact that corpora are a simplified compact model of modern discourse as a limitless communicative environment for political process objectification. Additionally, the most popular corpus approaches to studying processes within the modern political discourse are represented – content analysis, critical analysis, descriptive analysis, cognitive analysis (including conceptual metaphor, component analysis, semantics of lingual networks, quantitative analysis, associating experiment).

BETWEEN LAW AND CORRUPTION. PEOPLE’S DEPUTIES OF UKRAINE: STATUS ROLES, SOCIAL ORIGIN, NUMBER, PARTICIPATION IN THE LEGISLATIVE ACTIVITY OF THE VERKHOVNA RADA (SUPREME COUNCIL) OF UKRAINE, SECOND TO EIGHTH CONVOCATIONS

Igor Artyushenko

Applicant
Institute of History of Ukraine of the National Academy of Sciences of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0003-1036-1697

Anotation. The purpose of the article. Based on a range of sources and literature, changes in the social status of people’s deputies of Ukraine and their participation in legislative activities are analyzed. Research methodology – the principles of scientific objectivity of historicism. Scientific literature on the problems of the history of social relations during the independence of Ukraine only partially characterizes the topic of corruption in the highest echelons of state power. The author considers the status of people’s deputies of Ukraine in the article. He concludes that he caused the spread of corruption in the Verkhovna Rada of Ukraine, hindered the professionalization of the legislature. The spread of corruption among the deputies was due to the breakdown of previous social values and the emergence of pseudovalues, which justified rapid enrichment, including on the basis of conflict of personal and public interests. Deputies became subject to political corruption because they were directly involved in the distribution of public resources in order to benefit in the form of personal or group enrichment, or to gain the expansion of political power. They acted as intermediaries between capital and public policy. Deputies’ activity in Ukraine remained sacralized. From election to election there was an increase in the number of deputies who were associated with business structures. Activities in the Verkhovna Rada were of a lobbying nature for a large number of deputies. Corruption among deputies had a number of manifestations. Ukraine’s political life was regularly filled with information about their corruption offenses. Corruption has become a defining element of a deputy’s behavior. Deputies’ participation in commercial activities has become a new type of corruption. The combination of parliamentary and commercial activities was a conflict of interest. The manner of behavior of deputies has changed, it has become increasingly demagogic and populist. The problem of deputies’ ties with voters became more acute. Opportunities for formal accountability to voters allowed a deputy to change political power with some economic gain. There was a decline in the general culture of deputies. People’s deputies of Ukraine were practically not politically responsible for their activities. The presence of parliamentary immunity was a deterrent to combating corruption.
Keywords: The purpose of the article. Based on a range of sources and literature, changes in the social status of people’s deputies of Ukraine and their participation in legislative activities are analyzed. Research methodology – the principles of scientific objectivity of historicism. Scientific literature on the problems of the history of social relations during the independence of Ukraine only partially characterizes the topic of corruption in the highest echelons of state power. The author considers the status of people’s deputies of Ukraine in the article. He concludes that he caused the spread of corruption in the Verkhovna Rada of Ukraine, hindered the professionalization of the legislature. The spread of corruption among the deputies was due to the breakdown of previous social values and the emergence of pseudovalues, which justified rapid enrichment, including on the basis of conflict of personal and public interests. Deputies became subject to political corruption because they were directly involved in the distribution of public resources in order to benefit in the form of personal or group enrichment, or to gain the expansion of political power. They acted as intermediaries between capital and public policy. Deputies’ activity in Ukraine remained sacralized. From election to election there was an increase in the number of deputies who were associated with business structures. Activities in the Verkhovna Rada were of a lobbying nature for a large number of deputies. Corruption among deputies had a number of manifestations. Ukraine’s political life was regularly filled with information about their corruption offenses. Corruption has become a defining element of a deputy’s behavior. Deputies’ participation in commercial activities has become a new type of corruption. The combination of parliamentary and commercial activities was a conflict of interest. The manner of behavior of deputies has changed, it has become increasingly demagogic and populist. The problem of deputies’ ties with voters became more acute. Opportunities for formal accountability to voters allowed a deputy to change political power with some economic gain. There was a decline in the general culture of deputies. People’s deputies of Ukraine were practically not politically responsible for their activities. The presence of parliamentary immunity was a deterrent to combating corruption.

CRIMINAL LAW PARADIGMS AND THEIR IMPACT ON DEVELOPING AN INTERSTATE EUROPEAN SYSTEM OF ECONOMIC CRIME PREVENTION

Illia Vitiuk

Postgraduate Student at the Department of Criminal Law and Criminology University of the State Fiscal Service of Ukraine (Irpin, Kyiv region, Ukraine)

ORCID ID: 0009-0004-2621-8048

Anotation. The article establishes that information provision and analytical work are among the priority areas of activity of law enforcement agencies of European countries in the prevention of economic crime. The foreign experience of accumulating, analyzing and using information in criminal proceedings confirms that a successful legal framework in combination with modern software and technical solutions allows you to obtain masses of valuable information from various sources, which, in the case of qualified processing, are the main means of identifying and stopping the activities of organized groups in the field of economy, establishing the flow of funds and other assets obtained through criminal means. Therefore, a separate strategic direction for the improvement of information provision and analytical work is the introduction of an activity model led by analytics - "Intelligence Led Policing". It is based on the systematic collection and assessment of operational information within a clearly defined analytical process, obtaining high-quality strategic and tactical analytical products and their competent use for management decision-making.
Keywords: The article establishes that information provision and analytical work are among the priority areas of activity of law enforcement agencies of European countries in the prevention of economic crime. The foreign experience of accumulating, analyzing and using information in criminal proceedings confirms that a successful legal framework in combination with modern software and technical solutions allows you to obtain masses of valuable information from various sources, which, in the case of qualified processing, are the main means of identifying and stopping the activities of organized groups in the field of economy, establishing the flow of funds and other assets obtained through criminal means. Therefore, a separate strategic direction for the improvement of information provision and analytical work is the introduction of an activity model led by analytics - "Intelligence Led Policing". It is based on the systematic collection and assessment of operational information within a clearly defined analytical process, obtaining high-quality strategic and tactical analytical products and their competent use for management decision-making.