Journal №2 (38) vol. 2 / 2021|KELM

LIST OF FILES

CREATION OF A UNIFIED “SCHOOL – HOUSE” INFORMATION SPACE IN THE CONTEXT OF STUDENTS' ICT-CULTURE FORMATION IN THE EDUCATIONAL PROCESS

Tetiana Svystunova

Postgraduate Student at the Department of Education and Innovative Pedagogy
H. S. Skovoroda Kharkiv National Pedagogical University (Kharkiv, Ukraine)

ORCID ID: 0000-0002-2442-8824

Anotation. In the article it is found out that every modern school needs its own website where the interaction with parents will be intelligently organized with the implementation of such forms as the Internet parent meetings, forums, conferences and a parent internet club. In addition, the modern school has all the necessary tools for building educational work with parents, and this educational work should be in two directions: the implementation of the educational course «Problems of students’ information culture formation» for all parents, and educational work, differentiated depending on parents' level of computer skills. For building a unified information environment of the school, it is necessary to build the interaction between all participants of the educational process, using all modern means of computer communication: e-mail, Viber, Zoom, Telegram, ICQ, Google Meet, Skype, WhatsApp and giving the parents access to electronic journals.
Keywords: In the article it is found out that every modern school needs its own website where the interaction with parents will be intelligently organized with the implementation of such forms as the Internet parent meetings, forums, conferences and a parent internet club. In addition, the modern school has all the necessary tools for building educational work with parents, and this educational work should be in two directions: the implementation of the educational course «Problems of students’ information culture formation» for all parents, and educational work, differentiated depending on parents' level of computer skills. For building a unified information environment of the school, it is necessary to build the interaction between all participants of the educational process, using all modern means of computer communication: e-mail, Viber, Zoom, Telegram, ICQ, Google Meet, Skype, WhatsApp and giving the parents access to electronic journals.

STANDARDS IN FUTURE EDUCATORS’ READINESS TO WORK IN INCLUSIVE PRESCHOOL EDUCATION INSTITUTION

Oksana Smotrova

Assistant at the Department of Special and Inclusive Education
Kamianets-Podilskyi Ivan Ohiienko National University (Kamianets-Podilskyi, Khmelnytsk region, Ukraine)

ORCID ID: 0000-0003-4592-3899

Anotation. The article is devoted to the topical problem of readiness of future educators to carrying out their own professional activity in an inclusive educational process. In particular, a description of the results of the study of the levels of readiness of higher education applicants to work in inclusive institutions of higher education is provided. The article describes the following objectives of the study: determining the attitude of future educators to the problems of inclusive education; identifying the level of readiness of future educators towards working in the system of preschool inclusive education (psychological and methodological (pedagogical) aspect); studying the level of difficulties of future educators regarding inclusive education; identifying the causes and shortcomings in the preparation of future educators to work in an inclusive preschool. The used research methods for the analysis of results are specified; the components of professional competence and levels of readiness of future professionals to work with children with special educational needs are identified and described. Based on the outcomes of the study, the results are summed up, conclusions are formulated; promising areas of research are identified.
Keywords: The article is devoted to the topical problem of readiness of future educators to carrying out their own professional activity in an inclusive educational process. In particular, a description of the results of the study of the levels of readiness of higher education applicants to work in inclusive institutions of higher education is provided. The article describes the following objectives of the study: determining the attitude of future educators to the problems of inclusive education; identifying the level of readiness of future educators towards working in the system of preschool inclusive education (psychological and methodological (pedagogical) aspect); studying the level of difficulties of future educators regarding inclusive education; identifying the causes and shortcomings in the preparation of future educators to work in an inclusive preschool. The used research methods for the analysis of results are specified; the components of professional competence and levels of readiness of future professionals to work with children with special educational needs are identified and described. Based on the outcomes of the study, the results are summed up, conclusions are formulated; promising areas of research are identified.

CONCEPT OF CADETS’ INDEPENDENT STUDY AS A FORM OF EDUCATIONAL ORGANIZATION AT MILITARY HIGHER ESTABLISHMENTS

Yuulia Suprunchuk

Associate Professor at Foreign Languages Department
Korolyov Zhytomyr Military Institute (Zhytomyr, Ukraine)

ORCID ID: 0000-0003-3600-505X

Anotation. The article deals with the concept and importance of organizing cadets’ independent study at military higher establishments. Independent study is viewed from the competency approach, as it determines the learning outcomes. A comparison of the organization and concept of independent study in civilian and military institutions of higher education is being held. The functions and peculuarities of cadets’ independent study at military higher establishments are determined. The difference between the notions “cadets’ independent work” and “cadets’ independent study” is distinguished. The role and functions of cadets’ independent study as a form of educational organization at military higher establishments are analyzed. It is defined that cadets’ independent study provides the following important skills: the independent analysis of the information obtained, the reception of the necessary information, the proper evaluation and application of the raw data in order to solve tasks given effectively, the development of creative and reflective abilities of cadets.
Keywords: The article deals with the concept and importance of organizing cadets’ independent study at military higher establishments. Independent study is viewed from the competency approach, as it determines the learning outcomes. A comparison of the organization and concept of independent study in civilian and military institutions of higher education is being held. The functions and peculuarities of cadets’ independent study at military higher establishments are determined. The difference between the notions “cadets’ independent work” and “cadets’ independent study” is distinguished. The role and functions of cadets’ independent study as a form of educational organization at military higher establishments are analyzed. It is defined that cadets’ independent study provides the following important skills: the independent analysis of the information obtained, the reception of the necessary information, the proper evaluation and application of the raw data in order to solve tasks given effectively, the development of creative and reflective abilities of cadets.

FORMATION OF SKILLS OF ARTISTIC AND PERFORMANCE THINKING IN FUTURE TEACHERS OF MUSIC ART (INSTRUMENTAL CLASS OF BASSOON)

Yurii Fedorkiv

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

ORCID ID: 0000-0001-5809-6234

Anotation. The article presents the results of theoretical analysis of the phenomenon of artistic and performing thinking from the standpoint of teaching future teachers of music and outlines aspects of the formation of individual performance styles as individual models of the author’s idea. The purpose of the study is to theoretically substantiate the specifics of the system of artistic, aesthetic and pedagogical thinking by future teachers of music, education of students’ skills of pedagogical and performing comprehension of artistic tasks. The problem is presented from the theoretical and methodological standpoint of analytical-conceptual and executive methods of modern pedagogy and performing musicology. It is revealed that pedagogical education at the faculties of arts of pedagogical universities is based on the principles of a practical approach to the formation of a consistently high level of play (instrumental bassoon class) in future teachers of music, attention is paid to physiological, technical aspects pedagogical endurance, complex solution of individual technological tasks of the student and specific pedagogical and methodical educational problems.
Keywords: The article presents the results of theoretical analysis of the phenomenon of artistic and performing thinking from the standpoint of teaching future teachers of music and outlines aspects of the formation of individual performance styles as individual models of the author’s idea. The purpose of the study is to theoretically substantiate the specifics of the system of artistic, aesthetic and pedagogical thinking by future teachers of music, education of students’ skills of pedagogical and performing comprehension of artistic tasks. The problem is presented from the theoretical and methodological standpoint of analytical-conceptual and executive methods of modern pedagogy and performing musicology. It is revealed that pedagogical education at the faculties of arts of pedagogical universities is based on the principles of a practical approach to the formation of a consistently high level of play (instrumental bassoon class) in future teachers of music, attention is paid to physiological, technical aspects pedagogical endurance, complex solution of individual technological tasks of the student and specific pedagogical and methodical educational problems.

IVAN FRANKO ABOUT THE PERFORMANCES OF THE POLISH THEATER IN LVIV (ON THE MATERIALS OF THE DAILY NEWSPAPER “KURJER LWOWSKI”, 1888–1892)

Ulyana Roy

Applicant, Senior Lecturer at the Department of Theater Studies and Acting
Ivan Franko National University of Lviv (Lviv, Ukraine)

ORCID ID: 0000-0002-7697-3533

Anotation. The article singles out for the first time the theatrical-critical block of I. Franko's articles about the performances of the Polish theater in Lviv (1888–1892). I. Franko’s note about the Polish comedian Gustav Fischer was first introduced into scientific circulation. The texts of I. Franko’s articles highlight the moments that testify to the origin of the style and manner of writing theatrical reviews at the end of the XIX century, attempts at dialogue between the critic and the director, manifestations of analytical understanding of the play's impact on the audience. Attention was drawn to and commented on the availability of information about the author in the articles, analysis of the play, characteristics of the acting, comments on the presence of the audience. The author's activity and theatrical-critical work are inscribed in the context of the Polish theatrical-cultural process and the development of theatrical-critical journalism of that time.
Keywords: The article singles out for the first time the theatrical-critical block of I. Franko's articles about the performances of the Polish theater in Lviv (1888–1892). I. Franko’s note about the Polish comedian Gustav Fischer was first introduced into scientific circulation. The texts of I. Franko’s articles highlight the moments that testify to the origin of the style and manner of writing theatrical reviews at the end of the XIX century, attempts at dialogue between the critic and the director, manifestations of analytical understanding of the play's impact on the audience. Attention was drawn to and commented on the availability of information about the author in the articles, analysis of the play, characteristics of the acting, comments on the presence of the audience. The author's activity and theatrical-critical work are inscribed in the context of the Polish theatrical-cultural process and the development of theatrical-critical journalism of that time.

ART SCHOOL INTERNATIONAL “MONTESSORI CENTER” – EUROPEAN VECTOR OF OUT-OF-SCHOOL EDUCATION IN UKRAINE

Ganna Rosenko

Director Art School International “Montessori Center”, President Public Organization “All-Ukrainian Music Olympiad”, Postgraduate Student at the Department of Academic and Variety Vocal and Sound Directing
National Academy of Culture and Arts Management (Kyiv, Ukraine)

ORCID ID: 0000-0002-3503-6420

Anotation. The author of the research reveals the concept of the modern Art School International «Montessori Center» as a model and platform for the development of the author's approaches and methods of art education for children, as well as the practical use of the principles of Maria Montessori in primary art education. The scientific methods are based on hands-on experience introducing Maria Montessori's methods into primary art education in Ukraine, namely music, art, and fundamental choreographic education. The research of scientific literature uses historiographic, biographical, and source study research methods. The study reveals the possibility of the practical use of Maria Montessori's methods in primary art education and the author's concept of creating a multi-stage reward system in education: from the boundaries of the art school to the All-Ukrainian art competitions. Within the framework of organizing such competitions, in our practice, we implement Maria Montessori's principles to stimulate the craving for self-development and self-education of a child through art.
Keywords: The author of the research reveals the concept of the modern Art School International «Montessori Center» as a model and platform for the development of the author's approaches and methods of art education for children, as well as the practical use of the principles of Maria Montessori in primary art education. The scientific methods are based on hands-on experience introducing Maria Montessori's methods into primary art education in Ukraine, namely music, art, and fundamental choreographic education. The research of scientific literature uses historiographic, biographical, and source study research methods. The study reveals the possibility of the practical use of Maria Montessori's methods in primary art education and the author's concept of creating a multi-stage reward system in education: from the boundaries of the art school to the All-Ukrainian art competitions. Within the framework of organizing such competitions, in our practice, we implement Maria Montessori's principles to stimulate the craving for self-development and self-education of a child through art.

PROBLEMS OF FUNCTIONING OF CLUB CULTURAL INSTITUTIONS IN UKRAINE

Ivanna Svyryd

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

ORCID ID: 0000-0003-2838-9188

Anotation. The article defines the actual problems of the functioning of cultural institutions and proposes the prospects for their solution. An integral part of sociocultural, artistic and public life of Ukraine are modern (modernized) club cultural institutions, the preservation of which is extremely important, because today we have a real danger of losing a significant part of the network of club institutions. An important precondition for their preservation is a developed cultural environment, improvement in the quality of productive forces, increasing the efficiency of the cultural institution. In the process of implementing a large-scale transformation of the reform of the economic system, the problems of the cultural area were pointed out, in particular, at the regional level (reduction of budget financing, inconsistency of the network of cultural institutions with approved standards, insufficiently improved material and technical support, reduction of a significant number of employees, etc.). After the analysis of the main problems in the activities of club cultural institutions of Ukraine there are some important prospects of the system of functioning, which need to be changed and improved. In particular: the legislative and financial framework; logistical support; social and cultural services; the image and prestige of club cultural institutions as sociocultural institutions are to be formed; increasing the level of management of clubs; implementation of the latest approaches in the field of management; activities of rural club institutions in united local communities; personnel support.
Keywords: The article defines the actual problems of the functioning of cultural institutions and proposes the prospects for their solution. An integral part of sociocultural, artistic and public life of Ukraine are modern (modernized) club cultural institutions, the preservation of which is extremely important, because today we have a real danger of losing a significant part of the network of club institutions. An important precondition for their preservation is a developed cultural environment, improvement in the quality of productive forces, increasing the efficiency of the cultural institution. In the process of implementing a large-scale transformation of the reform of the economic system, the problems of the cultural area were pointed out, in particular, at the regional level (reduction of budget financing, inconsistency of the network of cultural institutions with approved standards, insufficiently improved material and technical support, reduction of a significant number of employees, etc.). After the analysis of the main problems in the activities of club cultural institutions of Ukraine there are some important prospects of the system of functioning, which need to be changed and improved. In particular: the legislative and financial framework; logistical support; social and cultural services; the image and prestige of club cultural institutions as sociocultural institutions are to be formed; increasing the level of management of clubs; implementation of the latest approaches in the field of management; activities of rural club institutions in united local communities; personnel support.

STEREOTYPICAL THINKING AS A PRODUCT OF MASS MEDIA INFLUENCE

Olga Primachenko

Postgraduate Student at the Department of Law, Philosophy and Political Science
Educational and Scientific Institute of History and Sociohumanities O. M. Lazarevsky T. H. Shevchenko National University “Chernihiv Colehium” (Chernihiv, Ukraine)

ORCID ID: 0000-0002-4223-4812

Anotation. The article is devoted to the study of the concept of stereotypical thinking and the role of the media in the formation of stereotypes of the individual and society as a whole. The problem of influence on the audience of mass media, psychological features of formation of stereotypes is considered. Stereotypical thinking in the daily practice of mass media activity as an archetype of influence on the audience and, at the same time, a means of arousing interest in the activity of mass media is analyzed. The future of Ukrainian society depends on the level of formation of the personal cognitive-emotional sphere in many aspects: worldview, psychological, communicative. That is why the study of the relationship between stereotypical thinking and various manifestations of the influence of the media on the consciousness of the individual is relevant and promising. The article outlines the functions of the state and individual public institutions to overcome the phenomenon of stereotyping.
Keywords: The article is devoted to the study of the concept of stereotypical thinking and the role of the media in the formation of stereotypes of the individual and society as a whole. The problem of influence on the audience of mass media, psychological features of formation of stereotypes is considered. Stereotypical thinking in the daily practice of mass media activity as an archetype of influence on the audience and, at the same time, a means of arousing interest in the activity of mass media is analyzed. The future of Ukrainian society depends on the level of formation of the personal cognitive-emotional sphere in many aspects: worldview, psychological, communicative. That is why the study of the relationship between stereotypical thinking and various manifestations of the influence of the media on the consciousness of the individual is relevant and promising. The article outlines the functions of the state and individual public institutions to overcome the phenomenon of stereotyping.

COMPONENTS OF VOLODYMYR VYNNYCHENKO’S NEUROSIS IN THE NOVEL S. PROTSIUK “MASKS FALL SLOWLY”

Anna Chernysh

Candidate of Philology Science, Doctoral Student at the Department of Ukrainian Literature
National Pedagogical Dragomanov University (Kyiv, Ukraine)

ORCID ID: 0000-0001-6183-7312

Anotation. The article is dedicated to the analysis of neurosis as a psychoanalytic dominant of Volodymyr Vynnychenko’s psychoanalytic worldview and behavioral patterns on the material of S. Protsiuk’s psychobiographical novel “Masks Fall Slowly”. It is determined that the neurosis of the Ukrainian writer is determined by the complex mechanism of appearance of various masks-myths, carefully debunked by S. Protsiuk. The textualization of the neurosis accept on dislike complex, maternal coolness in relation to the son, incompatibility of genetically inherited parental traits of luck, traumas and traumatic situations, eccentricity and accentuation of nature, loneliness, desolation, despair, rage, despair, subdued aggression, narcissism etc. Numerous love affairs, difficult relations with colleagues, emigration, political collapse significantly added to the complication of neurotic behavior. States of hopelessness and frustration, brief depression, and infrequent bouts of rage and aggression are caused by the Cursed Ball and the Dwarf as symbols of anxiety and a complex of dislike that fundamentally shapes the neurosis of the protagonist in the novel.
Keywords: The article is dedicated to the analysis of neurosis as a psychoanalytic dominant of Volodymyr Vynnychenko’s psychoanalytic worldview and behavioral patterns on the material of S. Protsiuk’s psychobiographical novel “Masks Fall Slowly”. It is determined that the neurosis of the Ukrainian writer is determined by the complex mechanism of appearance of various masks-myths, carefully debunked by S. Protsiuk. The textualization of the neurosis accept on dislike complex, maternal coolness in relation to the son, incompatibility of genetically inherited parental traits of luck, traumas and traumatic situations, eccentricity and accentuation of nature, loneliness, desolation, despair, rage, despair, subdued aggression, narcissism etc. Numerous love affairs, difficult relations with colleagues, emigration, political collapse significantly added to the complication of neurotic behavior. States of hopelessness and frustration, brief depression, and infrequent bouts of rage and aggression are caused by the Cursed Ball and the Dwarf as symbols of anxiety and a complex of dislike that fundamentally shapes the neurosis of the protagonist in the novel.

TYPOLOGY OF MASCULINITY IN THE POETIC WORKS OF O. LIATURYNSKA

Oleksandr Shaboldov

Postgraduate Student at the Department of Ukrainian Literature
Luhansk Taras Shevchenko National University (Starobilsk, Luhansk region, Ukraine)

ORCID ID: 0000-0003-0667-2038

Anotation. The article analyzes and classifies the manifestations of masculinity in the poetic works of O. Liaturynska. The research uses various methods, including descriptive, historical-biographical, comparative-historical, archetypal and textual analysis, elements of masculine studies, etc. In the course of the research it was established that chivalrous, or hegemonic, masculinity dominates in O. Liaturynska's works. At the same time, it presents alternative types of masculinity: spiritual masculinity, artisan masculinity, etc. Along with different types of masculinity, the writer’s works depict situations of the crisis of masculinity, which is manifested in the inability of the masculine subject to perform traditional stereotypical roles. It is shown that the cultivation of hegemonic masculinity is directly related to the ideological guidelines for the heroic national myth creation, while the depiction of the crisis of masculinity is due mainly to historical and biographical circumstances. Studies of gender issues in the work of the prominent representative of the «Prague School» O. Liaturynska allow us to form a more complete picture of this phenomenon and the Ukrainian national myth and need to be continued and deepened.
Keywords: The article analyzes and classifies the manifestations of masculinity in the poetic works of O. Liaturynska. The research uses various methods, including descriptive, historical-biographical, comparative-historical, archetypal and textual analysis, elements of masculine studies, etc. In the course of the research it was established that chivalrous, or hegemonic, masculinity dominates in O. Liaturynska's works. At the same time, it presents alternative types of masculinity: spiritual masculinity, artisan masculinity, etc. Along with different types of masculinity, the writer’s works depict situations of the crisis of masculinity, which is manifested in the inability of the masculine subject to perform traditional stereotypical roles. It is shown that the cultivation of hegemonic masculinity is directly related to the ideological guidelines for the heroic national myth creation, while the depiction of the crisis of masculinity is due mainly to historical and biographical circumstances. Studies of gender issues in the work of the prominent representative of the «Prague School» O. Liaturynska allow us to form a more complete picture of this phenomenon and the Ukrainian national myth and need to be continued and deepened.

THE NAMES OF THE ROAD IN UKRAINIAN SUBDIALECTS OF TRANSCSRPATHIA

Halyna Shkurko

Master of Philology, Assistant at the Ukrainian Language Department of the Faculty of Philology
Uzhhorod National University (Uzhhorod, Ukraine)

ORCID ID: 0000-0003-4872-3809

Anotation. The study of dialectal speech is an important task of modern linguistics, as dialects retain some archaic features that are not common in a literary language. In addition, dialects reflect live speech in the context of globalization. The article describes the name of transport communications in the Ukrainian dialects of Transcarpathia. The main methods for the research are expeditionary, descriptive, comparative-historical, structural and linguistic-geographical. Based on such traditional methods for linguistics, nomens characterizing the road were collected. It was made an attempt to analyze these names in lexical-etymological and word-forming aspects. Their distribution within the Ukrainian dialect area and in other languages was traced. The collected names contribute to the expansion of the empirical base of the Ukrainian dialect vocabulary, give an understanding of the structural differentiation of the dialect system, and show the unity of the Ukrainian dialect continuum.
Keywords: The study of dialectal speech is an important task of modern linguistics, as dialects retain some archaic features that are not common in a literary language. In addition, dialects reflect live speech in the context of globalization. The article describes the name of transport communications in the Ukrainian dialects of Transcarpathia. The main methods for the research are expeditionary, descriptive, comparative-historical, structural and linguistic-geographical. Based on such traditional methods for linguistics, nomens characterizing the road were collected. It was made an attempt to analyze these names in lexical-etymological and word-forming aspects. Their distribution within the Ukrainian dialect area and in other languages was traced. The collected names contribute to the expansion of the empirical base of the Ukrainian dialect vocabulary, give an understanding of the structural differentiation of the dialect system, and show the unity of the Ukrainian dialect continuum.

POLITICAL POWER AND POLITICAL RESPONSIBILITY IN EUROPEAN UNION

Bella Tkach

Postgraduate Student at the Political Sciences Department
Taras Shevchenko National University of Kyiv (Kyiv, Ukraine)

ORCID ID: 0000-0002-0392-3770

Anotation. The article highlights the problem of the functioning of political power in the European Union in terms of the paradigm of responsibility. It is determined that political power within intergovernmental organizations is exercised both at the level of interstate relations and directly within the political system of such organizations. Such issues predetermine a detailed study of the sources, types and features of political power in the EU as a fundamental principle of political responsibility. Based on the analysis of the modern political researchers’ studies and the treaties of the EU, the main sources of political power in the EU are identified. They are: rational-legal legitimacy, control over technical expertise and information and the EU citizens directly. The types of power in the EU are outlined: power through coercion, institutional power and ideational power. The leading features of political power in the EU are identified: the principle of the primacy of EU law, certainty of competencies, legality, public nature, polycentrism.
Keywords: The article highlights the problem of the functioning of political power in the European Union in terms of the paradigm of responsibility. It is determined that political power within intergovernmental organizations is exercised both at the level of interstate relations and directly within the political system of such organizations. Such issues predetermine a detailed study of the sources, types and features of political power in the EU as a fundamental principle of political responsibility. Based on the analysis of the modern political researchers’ studies and the treaties of the EU, the main sources of political power in the EU are identified. They are: rational-legal legitimacy, control over technical expertise and information and the EU citizens directly. The types of power in the EU are outlined: power through coercion, institutional power and ideational power. The leading features of political power in the EU are identified: the principle of the primacy of EU law, certainty of competencies, legality, public nature, polycentrism.

DEVELOPMENT OF PARTICIPATORY DEMOKRACY IN THE DIGITAL AGE (CZECH EXPERIENCE FOR UKRAINE)

Orysia Kharytoniuk

Postgraduate Student at the Department of Political Science, Management and State Security
Lesya Ukrainka Volyn National University (Lutsk, Ukraine)

ORCID ID: 0000-0003-4542-9591

Anotation. In order to develop local self-government and ensure the territorial integrity of Ukraine, it is necessary to develop participatory democracy and involve residents of territorial communities in solving local issues. Due to the implementation of decentralization reform in 2014, much of the power has shifted from central governments directly to local communities. Important issues for Ukraine are the transparency of local budgets, informing and active involvement of Ukrainians in the management of local problems in order to implement to the principle of good governance. The countries of the Visegrad Group are characterized by a high level of digitalization of public services and informing citizens. It is important to analyze the digital tools of civic participation, which allow improving the relations between the residents of Ukrainian territorial communities and local authorities (on the example of the Czech digital involvement). The concept of participatory democracy is analyzed, the opinions of the main ideologues and opponents of the theory of participatory democracy are singled out. Also, using the methods of analysis and deduction, the digital possibilities of involving Czech citizens in solving local problems are considered.
Keywords: In order to develop local self-government and ensure the territorial integrity of Ukraine, it is necessary to develop participatory democracy and involve residents of territorial communities in solving local issues. Due to the implementation of decentralization reform in 2014, much of the power has shifted from central governments directly to local communities. Important issues for Ukraine are the transparency of local budgets, informing and active involvement of Ukrainians in the management of local problems in order to implement to the principle of good governance. The countries of the Visegrad Group are characterized by a high level of digitalization of public services and informing citizens. It is important to analyze the digital tools of civic participation, which allow improving the relations between the residents of Ukrainian territorial communities and local authorities (on the example of the Czech digital involvement). The concept of participatory democracy is analyzed, the opinions of the main ideologues and opponents of the theory of participatory democracy are singled out. Also, using the methods of analysis and deduction, the digital possibilities of involving Czech citizens in solving local problems are considered.

FORMATION AND DEVELOPMENT OF LEGAL REGULATION OF INFORMATION RELATIONS IN THE PUBLISHING INDUSTRY (FROM GENESIS TO THE DECLARATION OF UKRAINE’S INDEPENDENCE)

Tetiana Aheienko

External Postgraduate Student at the Department of Administrative, Criminal Law and Procedure
International University of Business and Law (Kherson, Ukraine)

ORCID ID: 0000-0002-5404-5234

Anotation. The article examines the origins of the development of legal regulation in the publishing industry from ancient times to 1991. It emphasizes the feasibility of identifying the defining features of legal regulation of relations in the field of publishing and distribution of printed information during the Russian Empire and the Soviet era to restore Ukrainian statehood. Particular attention is paid to the analysis of censorship legislation in this area. It is established that the development of the national publishing business throughout its history has been accompanied by the formation of a set of special rules governing its activities as an element of the information system. It is determined that the state of regulations adopted during the entire period of formation of the publishing business, reflects the specifics of informational changes about the attitude of the state to book publishing: the relative freedom of publishing houses in the XVII–XVIII centuries changed the era of constant strengthening of state control in the XIX century, and the period of strict total control in the Soviet period since the “perestroika” changed to the expansion of freedoms in the organization of book publishing in the late 1980s. Based on a generalized analysis of historical and legal sources, it was found that the development of book publishing was accompanied by the formation of a special set of legal documents governing information relations in the field of publishing and printing. The conclusions formulate the main stages of development of legal regulation of book publishing in the Ukrainian lands. It is concluded that the book publishing sphere is a set of information relations, which consist of many aspects. This area of information activities determines the functioning of a special mechanism of legal regulation, taking into account the development of historical experience in this area.
Keywords: The article examines the origins of the development of legal regulation in the publishing industry from ancient times to 1991. It emphasizes the feasibility of identifying the defining features of legal regulation of relations in the field of publishing and distribution of printed information during the Russian Empire and the Soviet era to restore Ukrainian statehood. Particular attention is paid to the analysis of censorship legislation in this area. It is established that the development of the national publishing business throughout its history has been accompanied by the formation of a set of special rules governing its activities as an element of the information system. It is determined that the state of regulations adopted during the entire period of formation of the publishing business, reflects the specifics of informational changes about the attitude of the state to book publishing: the relative freedom of publishing houses in the XVII–XVIII centuries changed the era of constant strengthening of state control in the XIX century, and the period of strict total control in the Soviet period since the “perestroika” changed to the expansion of freedoms in the organization of book publishing in the late 1980s. Based on a generalized analysis of historical and legal sources, it was found that the development of book publishing was accompanied by the formation of a special set of legal documents governing information relations in the field of publishing and printing. The conclusions formulate the main stages of development of legal regulation of book publishing in the Ukrainian lands. It is concluded that the book publishing sphere is a set of information relations, which consist of many aspects. This area of information activities determines the functioning of a special mechanism of legal regulation, taking into account the development of historical experience in this area.

ON THE QUESTION OF IMPLEMENTATION INTO PRACTICAL ACTIVITY OF THE DEFINITION “TAX AMNESTY”

Vadym Anokhin

Senior Lecturer at the Department of Law
Alfred Nobel University (Dnipro, Ukraine)

ORCID ID: 0000-0002-7255-0920

Anotation. The relevance of the article is that law is a social science that operates with specific concepts and terms that should not allow double or multiple understanding. If society begins to call the phenomena that replace some concepts with others, then the understanding of such phenomena is distorted, which in turn leads to incorrect, distorted regulation of such phenomena. It is concluded that the use of the term “tax amnesty” in the context of recent amendments to the Tax Code of Ukraine requires a very cautious attitude. Arbitrary use of this term may, on the one hand, degrade potential declarants in that they seem to “confess” to an uncommitted offense, and on the other hand, “cast a shadow” on a state that allegedly recognizes illegal activities and promotes money laundering of dubious or illegal origin.
Keywords: The relevance of the article is that law is a social science that operates with specific concepts and terms that should not allow double or multiple understanding. If society begins to call the phenomena that replace some concepts with others, then the understanding of such phenomena is distorted, which in turn leads to incorrect, distorted regulation of such phenomena. It is concluded that the use of the term “tax amnesty” in the context of recent amendments to the Tax Code of Ukraine requires a very cautious attitude. Arbitrary use of this term may, on the one hand, degrade potential declarants in that they seem to “confess” to an uncommitted offense, and on the other hand, “cast a shadow” on a state that allegedly recognizes illegal activities and promotes money laundering of dubious or illegal origin.

NATIONAL POLICE AS A SUBJECT TO PREVENTION AND CONTROL GENDER-BASED VIOLENCE

Antonina Druzenko

Postgraduate Student
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0001-1057-4426

Anotation. The purpose of the article is to reveal the status of the National Police as a subject of prevention and counteraction to gender-based violence on the basis of a comprehensive and systematic analysis of normative principles and theoretical foundations of administrative law. The article stipulates that the National Police is the main subject of prevention and counteraction to gender-based violence, and by its legal status and social purpose is an executive body that implements comprehensive preventive, law enforcement, human rights, jurisdictional, control and administrative activities. application of police preventive and coercive measures, jurisdictional tools to prevent, combat and stop genderbased violence, protection and restoration of gender rights and freedoms of individuals, maintenance of law and order while respecting the ideas of gender equality and freedom.
Keywords: The purpose of the article is to reveal the status of the National Police as a subject of prevention and counteraction to gender-based violence on the basis of a comprehensive and systematic analysis of normative principles and theoretical foundations of administrative law. The article stipulates that the National Police is the main subject of prevention and counteraction to gender-based violence, and by its legal status and social purpose is an executive body that implements comprehensive preventive, law enforcement, human rights, jurisdictional, control and administrative activities. application of police preventive and coercive measures, jurisdictional tools to prevent, combat and stop genderbased violence, protection and restoration of gender rights and freedoms of individuals, maintenance of law and order while respecting the ideas of gender equality and freedom.

THEORETICAL AND LEGAL APPROACH TO UNDERSTANDING THE ESSENCE CATEGORIES “NATIONAL INTERESTS OF UKRAINE”

Taras Zhuk

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0001-5712-033X

Anotation. The article is devoted to revealing the essence of the legal category “national interests of Ukraine”. Based on the analysis of scholars’ opinions and the provisions of current legislation, the conclusion is formed that the national interests of Ukraine are a phenomenon of legal reality, formed by the values (interests) of the citizens of Ukraine in the manifestation of priorities and goals of the state. They have a dynamic nature of development, adapted to the modern needs of the historical and cultural tradition of the nation and the state of its internal security environment and foreign policy relations with other states, to achieve balance of basic institutions of political regulation, human life and personality. It is a fundamental component of national security, encroachment on which violates the established regime of its safety. The author argues that the national interests of Ukraine are the values (interests) of the citizens of Ukraine, which are formalized in the priorities and goals of the state to create and provide appropriate conditions for which are tools to protect Ukraine from internal and external threats to its national security. It is specified that the categories of values and interests in this context are not only related, but almost identical (example, value – freedom; interest – to be free).
Keywords: The article is devoted to revealing the essence of the legal category “national interests of Ukraine”. Based on the analysis of scholars’ opinions and the provisions of current legislation, the conclusion is formed that the national interests of Ukraine are a phenomenon of legal reality, formed by the values (interests) of the citizens of Ukraine in the manifestation of priorities and goals of the state. They have a dynamic nature of development, adapted to the modern needs of the historical and cultural tradition of the nation and the state of its internal security environment and foreign policy relations with other states, to achieve balance of basic institutions of political regulation, human life and personality. It is a fundamental component of national security, encroachment on which violates the established regime of its safety. The author argues that the national interests of Ukraine are the values (interests) of the citizens of Ukraine, which are formalized in the priorities and goals of the state to create and provide appropriate conditions for which are tools to protect Ukraine from internal and external threats to its national security. It is specified that the categories of values and interests in this context are not only related, but almost identical (example, value – freedom; interest – to be free).

TO THE PROBLEM OF DEFINING THE PRINCIPLES OF CONDUCTING OFFICIAL INVESTIGATIONS IN LABOR LAW

Yuliia Zaitseva

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

ORCID ID: 0000-0001-7155-192X

Anotation. The relevance of the article is that the official investigation is a complex and at the same time responsible process, the effectiveness and efficiency of which directly depends on the future of the employee, in particular his career in the institution, enterprise, organization. In view of this, these activities should be based on a system of relevant principles, which are an important legal element. The purpose of the article is: to determine the range of principles of official investigations in labor law and give them a meaningful description. The article, based on the analysis of scientific views of scientists, proposes the author’s definition of the concept of the principles of official investigations in labor law. The range of relevant principles was singled out, which included: rule of law, legality, equality, procedurality, efficiency; and the principle of education. The expediency of legislative consolidation of the principles outlined in the article of conducting official investigations in labor law is substantiated.
Keywords: The relevance of the article is that the official investigation is a complex and at the same time responsible process, the effectiveness and efficiency of which directly depends on the future of the employee, in particular his career in the institution, enterprise, organization. In view of this, these activities should be based on a system of relevant principles, which are an important legal element. The purpose of the article is: to determine the range of principles of official investigations in labor law and give them a meaningful description. The article, based on the analysis of scientific views of scientists, proposes the author’s definition of the concept of the principles of official investigations in labor law. The range of relevant principles was singled out, which included: rule of law, legality, equality, procedurality, efficiency; and the principle of education. The expediency of legislative consolidation of the principles outlined in the article of conducting official investigations in labor law is substantiated.

TO THE CHARACTERISTICS OF FORMS AND METHODS OF APPLICATION OF ADMINISTRATIVE COERCION BY THE BODIES OF THE NATIONAL POLICE OF UKRAINE

Rostyslav Volynets

Applicant Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-1805-8933

Anotation. The relevance of the article is that the creation of the National Police was an important step towards reforming the law enforcement sector of our state. At the same time, declaring the police a service body that works with the population on a partnership basis, in its activities, it implements a number of measures, including administrative and coercive. The purpose of the article is to clarify the scope and disclose the content of forms and methods of application of administrative coercion by the National Police of Ukraine. The article, based on the analysis of scientific views of scientists, elaborates the content and features of the concept of “form”. The author’s definition of the term “forms of application of administrative coercion in the activities of the National Police” is proposed. The meaning and significance of the term “method” are described, as well as its interpretation depending on the form of administrative coercion. The definition of methods of application of administrative coercion in police activity is given, and also their list is given.
Keywords: The relevance of the article is that the creation of the National Police was an important step towards reforming the law enforcement sector of our state. At the same time, declaring the police a service body that works with the population on a partnership basis, in its activities, it implements a number of measures, including administrative and coercive. The purpose of the article is to clarify the scope and disclose the content of forms and methods of application of administrative coercion by the National Police of Ukraine. The article, based on the analysis of scientific views of scientists, elaborates the content and features of the concept of “form”. The author’s definition of the term “forms of application of administrative coercion in the activities of the National Police” is proposed. The meaning and significance of the term “method” are described, as well as its interpretation depending on the form of administrative coercion. The definition of methods of application of administrative coercion in police activity is given, and also their list is given.

EFFICIENCY OF LABOR RIGHT REGULATION IN A PANDEMIC CONDITION (COVID-19)

Lyudmila Kupina

Candidate of Law, Professor at the Law and Branch Legal Disciplines Department of the Faculty of Political Science and Law
National Pedagogical Dragomanov University (Kyiv, Ukraine)

ORCID ID: 0000-0002-5091-8333

Anotation. The purpose of the study is to identify areas for strengthening the effectiveness of legal regulation of remote and home-based work. Based on this goal, the author set such tasks as: 1) to determine the essence of the category "remote work", "home work" in the mechanism of realization of the right of a person to work; 2) describe the features of payment for remote work or home work; 3) to establish directions of increase of efficiency of realization of principles of payment of work in the investigated sphere. The validity and reliability of the obtained scientific results are ensured by the use of a system of general philosophical, general scientific and special scientific methods of cognition. The decisive role in the study was played by general philosophical methods, among which the leading place is occupied by the dialectical method, the system-forming method, the method of forecasting. It is concluded that the level of wages is influenced by a set of macroeconomic and microeconomic external and internal factors, where the role of the latter is played by the level of labor productivity, scale and profitability of the enterprise, wage costs. It is emphasized that the achievement of the appropriate level of efficiency of labor law, which determines the mechanism of legal regulation of wages, should be based on the introduction of a system of public management of labor standards.
Keywords: The purpose of the study is to identify areas for strengthening the effectiveness of legal regulation of remote and home-based work. Based on this goal, the author set such tasks as: 1) to determine the essence of the category "remote work", "home work" in the mechanism of realization of the right of a person to work; 2) describe the features of payment for remote work or home work; 3) to establish directions of increase of efficiency of realization of principles of payment of work in the investigated sphere. The validity and reliability of the obtained scientific results are ensured by the use of a system of general philosophical, general scientific and special scientific methods of cognition. The decisive role in the study was played by general philosophical methods, among which the leading place is occupied by the dialectical method, the system-forming method, the method of forecasting. It is concluded that the level of wages is influenced by a set of macroeconomic and microeconomic external and internal factors, where the role of the latter is played by the level of labor productivity, scale and profitability of the enterprise, wage costs. It is emphasized that the achievement of the appropriate level of efficiency of labor law, which determines the mechanism of legal regulation of wages, should be based on the introduction of a system of public management of labor standards.

SELF-EDUCATION AS A WAY TO INCREASE THE PROFESSIONAL COMPETENCE OF CIVIL SERVANTS: CONCEPTS, FEATURES, LEGAL REGULATION

Serhii Kushnir

Postgraduate Student at the Department of Administrative and Financial Law
National University “Odessa Law Academy” (Odessa, Ukraine)

ORCID ID: 0000-0003-1485-7251

Anotation. The article is devoted to the study of self-education in the civil service as a way to increase the professional competence of civil servants. The concept of self-education is defined and specific features as forms of professional training of civil servants are singled out. Particular attention is paid to the issue of legal regulation of self-education of civil servants. It is established that the regulation of self-education of civil servants at the legislative level is carried out in three directions: a) as a separate type of education in Ukraine; b) as a component of professional development of employees regardless of the field of employment; c) as a form of professional training of civil servants. It is determined that the mandatory nature of self-education is a component of the principle of continuity of professional training of civil servants. It was found that the legislation limits the total amount of self-education among other types of vocational training: the share of self-education of civil servants should be not less than 10 and not more than 20 percent of the total number of ECTS credits received as a result of the individual program. It is determined that the content of self-education covers both general professional issues (functioning of a separate state body and its individual activities, changes in civil service legislation, improving foreign language proficiency) and a significant amount of special information on governance, state formation, policy. The experience of foreign countries (Germany, France, the Kingdom of the Netherlands) in defining self-education as a separate area of professionalization of the civil service is described. Emphasis is placed on the possibility of using in Ukraine such a form of self-education of a civil servant as conducting cyclically significant scientific efforts to order a state body.
Keywords: The article is devoted to the study of self-education in the civil service as a way to increase the professional competence of civil servants. The concept of self-education is defined and specific features as forms of professional training of civil servants are singled out. Particular attention is paid to the issue of legal regulation of self-education of civil servants. It is established that the regulation of self-education of civil servants at the legislative level is carried out in three directions: a) as a separate type of education in Ukraine; b) as a component of professional development of employees regardless of the field of employment; c) as a form of professional training of civil servants. It is determined that the mandatory nature of self-education is a component of the principle of continuity of professional training of civil servants. It was found that the legislation limits the total amount of self-education among other types of vocational training: the share of self-education of civil servants should be not less than 10 and not more than 20 percent of the total number of ECTS credits received as a result of the individual program. It is determined that the content of self-education covers both general professional issues (functioning of a separate state body and its individual activities, changes in civil service legislation, improving foreign language proficiency) and a significant amount of special information on governance, state formation, policy. The experience of foreign countries (Germany, France, the Kingdom of the Netherlands) in defining self-education as a separate area of professionalization of the civil service is described. Emphasis is placed on the possibility of using in Ukraine such a form of self-education of a civil servant as conducting cyclically significant scientific efforts to order a state body.

MEASURES OF PROCEDURAL COERCION IN THE CATEGORY APPARATUS OF ADMINISTRATIVE LAW

Olga Lavrenchuk

Applicant at the Department of Administrative and Commercial Law
Zaporizhzhia National University (Zaporizhzhia, Ukraine)

ORCID ID: 0000-0002-8289-1219

Anotation. The paper considers scientific approaches to determining the content and system of administrative sanctions, among which a special place is occupied by measures of coercion; it also reveals the features that are endowed with measures of procedural coercion. The paper identifies a range of problems that hinder determining the place of measures of procedural coercion in the general system of measures of administrative coercion. It has been found that the problems that prevent determining the place of measures of procedural coercion in the categorical apparatus of administrative law include the following: 1) the lack of comprehensive scientific works that would reveal the content and scientifically sound system of measures of procedural coercion; 2) unsystematic use of terminology in administrative procedural legislation, which, in turn, shakes the permanent theoretical ties that have formed in the doctrine of administrative law. It is established that the term “measures of procedural coercion” used in the CAS of Ukraine does not coincide in content and meaning with the term “procedural and precautionary measures”, which is proposed in the scientific literature in the classification of measures of administrative coercion. The opinion is substantiated that the measures of procedural coercion, which are provided in the CAS of Ukraine, are a complex legal entity, which combines both procedural and security measures, and measures of legal responsibility.
Keywords: The paper considers scientific approaches to determining the content and system of administrative sanctions, among which a special place is occupied by measures of coercion; it also reveals the features that are endowed with measures of procedural coercion. The paper identifies a range of problems that hinder determining the place of measures of procedural coercion in the general system of measures of administrative coercion. It has been found that the problems that prevent determining the place of measures of procedural coercion in the categorical apparatus of administrative law include the following: 1) the lack of comprehensive scientific works that would reveal the content and scientifically sound system of measures of procedural coercion; 2) unsystematic use of terminology in administrative procedural legislation, which, in turn, shakes the permanent theoretical ties that have formed in the doctrine of administrative law. It is established that the term “measures of procedural coercion” used in the CAS of Ukraine does not coincide in content and meaning with the term “procedural and precautionary measures”, which is proposed in the scientific literature in the classification of measures of administrative coercion. The opinion is substantiated that the measures of procedural coercion, which are provided in the CAS of Ukraine, are a complex legal entity, which combines both procedural and security measures, and measures of legal responsibility.

FORCED INTERNAL MIGRATION: COMPARATIVE AND LEGAL CHARACTERISTICS OF THE CONCEPTUAL AND CATEGORY APPARATUS

Sergey Mandziy

Postgraduate Student
Institute of Legislation of the Verkhovna Rada of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0002-5575-0613

Anotation. The purpose of this article is to characterize the concepts of “refugee”, “internally displaced person”, “internally displaced person”, “environmental migrant” in relation to the essence and legal meaning of the definition of “internally displaced person”. The article is devoted to a comparative analysis of basic terms in the field of internal forced migration. The author proposes a description of the concepts of “refugee”, “internally displaced person”, “displaced person”, “environmental emigrant” in relation to the essence and legal meaning of the definition of “internally displaced person”. It is concluded that “internal environmental migrant” can be defined as – a natural person who is in Ukraine legally and has the right to permanent residence in Ukraine and who due to objective negative factors of natural or man-made nature has changed his place of residence in within the administrative-territorial units of one country without crossing internationally recognized state borders and may acquire the appropriate legal status in accordance with the legislation of Ukraine.
Keywords: The purpose of this article is to characterize the concepts of “refugee”, “internally displaced person”, “internally displaced person”, “environmental migrant” in relation to the essence and legal meaning of the definition of “internally displaced person”. The article is devoted to a comparative analysis of basic terms in the field of internal forced migration. The author proposes a description of the concepts of “refugee”, “internally displaced person”, “displaced person”, “environmental emigrant” in relation to the essence and legal meaning of the definition of “internally displaced person”. It is concluded that “internal environmental migrant” can be defined as – a natural person who is in Ukraine legally and has the right to permanent residence in Ukraine and who due to objective negative factors of natural or man-made nature has changed his place of residence in within the administrative-territorial units of one country without crossing internationally recognized state borders and may acquire the appropriate legal status in accordance with the legislation of Ukraine.

CHARACTERISTICS OF THE MECHANISM OF ADMINISTRATIVE AND LEGAL SUPPORT OF STATE SOCIAL POLICY

Vyacheslav Medyanik

Candidate of Political Sciences, Applicant
Zaporizhzhia National University (Zaporizhzhia, Ukraine)

ORCID ID: 0000-0003-3456-4472

Anotation. In the article with the help of methods of dialectical materialism, forecasting and modeling, logical-semantic method the essence, features of application, problems of the mechanism of administrative and legal regulation of the state social policy are considered. Based on the study of the doctrinal positions of scientists, an analysis of the definitions of “mechanism”, “mechanism of administrative and legal regulation”. The author’s definition of the concept “mechanism of administrative and legal regulation” is offered. The normative-legal component of the mechanism of administrative-legal support of the state social policy is determined. The types of normative-legal component of the mechanism of administrativelegal provision are singled out: legislative acts; normative-administrative acts; organizational and economic acts. The problems of the current state of the normative-legal component of the administrative-legal mechanism of regulation of the state social policy are outlined. It is theoretically substantiated that the success of the formation and implementation of state social policy directly depends on the quality of law governing the powers of entities in this area, administrative procedures for developing state policy and create a legal basis for its implementation.
Keywords: In the article with the help of methods of dialectical materialism, forecasting and modeling, logical-semantic method the essence, features of application, problems of the mechanism of administrative and legal regulation of the state social policy are considered. Based on the study of the doctrinal positions of scientists, an analysis of the definitions of “mechanism”, “mechanism of administrative and legal regulation”. The author’s definition of the concept “mechanism of administrative and legal regulation” is offered. The normative-legal component of the mechanism of administrative-legal support of the state social policy is determined. The types of normative-legal component of the mechanism of administrativelegal provision are singled out: legislative acts; normative-administrative acts; organizational and economic acts. The problems of the current state of the normative-legal component of the administrative-legal mechanism of regulation of the state social policy are outlined. It is theoretically substantiated that the success of the formation and implementation of state social policy directly depends on the quality of law governing the powers of entities in this area, administrative procedures for developing state policy and create a legal basis for its implementation.

LEGAL STATUS OF THE STATE JUDICIAL ADMINISTRATION OF UKRAINE AS A SUBJECT OF ORGANIZATIONAL SUPPORT OF THE ACTIVITY OF ADMINISTRATIVE COURTS

Iryna Pavliuk

Applicant for the Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-1218-6658

Anotation. The article is devoted to the study of the legal status of the state judicial administration of Ukraine as a subject of organizational support for the activities of administrative courts. It is fixed that the State Judicial Administration of Ukraine, in order to act as a subject of administrative management, must have legal personality, ie be a bearer of subjective rights and responsibilities. The author notes that its structure includes functions and tasks, subjective administrative rights, legal obligations (administrative competence) and administrative responsibility in this area. Based on the legal analysis of the SJA’s powers, the following groups of administrative and legal relations have been identified to ensure the organization of administrative courts: organizational and service, internal control, automation of the document management system in courts and computerization of courts, staffing of courts and territorial offices control over the implementation of appropriate measures, record keeping, statistical judicial activity, creation of appropriate conditions for the activity of state judicial bodies, formation or termination (liquidation) of courts, organization and control of the Judicial Protection Service, international interaction, work with citizens.
Keywords: The article is devoted to the study of the legal status of the state judicial administration of Ukraine as a subject of organizational support for the activities of administrative courts. It is fixed that the State Judicial Administration of Ukraine, in order to act as a subject of administrative management, must have legal personality, ie be a bearer of subjective rights and responsibilities. The author notes that its structure includes functions and tasks, subjective administrative rights, legal obligations (administrative competence) and administrative responsibility in this area. Based on the legal analysis of the SJA’s powers, the following groups of administrative and legal relations have been identified to ensure the organization of administrative courts: organizational and service, internal control, automation of the document management system in courts and computerization of courts, staffing of courts and territorial offices control over the implementation of appropriate measures, record keeping, statistical judicial activity, creation of appropriate conditions for the activity of state judicial bodies, formation or termination (liquidation) of courts, organization and control of the Judicial Protection Service, international interaction, work with citizens.

THE RIGHT OF CITIZENS TO OFFICIAL INFORMATION: THE CONCEPT AND MECHANISM OF IMPLEMENTATION

Angelina Pogoriletska

Senior Lecturer at the Department of Criminal Law
Kryvyi Rih Faculty of the National University “Odesa Law Academy” (Kryvyi Rih, Dnipropetrovsk region, Ukraine)

ORCID ID: 0000-0002-8335-6066

Anotation. The article explores the concept of «citizens' right to official information». It is noted that the right of citizens to official information is a subjective right, which has the appropriate powers. The constituent elements of information legal relations in the realization of citizens' right to official information are singled out and characterized, namely: the right to freely receive official information, the right to freely use official information, the right to freely disseminate official information, the right to freely store official information, the right to free protection of official information. Based on theoretical and empirical research, the concept of «citizens' right to information» is analyzed and the definition of «citizens' right to official information» is proposed. The forms of realization of the right of citizens to official information are determined. The problems of the mechanism of realization of the right of citizens to official information are covered, the definition of this concept is carried out and the ways of improvement of functioning are offered. The activity of subjects of power in the mechanism of realization of the right of citizens to official information is considered.
Keywords: The article explores the concept of «citizens' right to official information». It is noted that the right of citizens to official information is a subjective right, which has the appropriate powers. The constituent elements of information legal relations in the realization of citizens' right to official information are singled out and characterized, namely: the right to freely receive official information, the right to freely use official information, the right to freely disseminate official information, the right to freely store official information, the right to free protection of official information. Based on theoretical and empirical research, the concept of «citizens' right to information» is analyzed and the definition of «citizens' right to official information» is proposed. The forms of realization of the right of citizens to official information are determined. The problems of the mechanism of realization of the right of citizens to official information are covered, the definition of this concept is carried out and the ways of improvement of functioning are offered. The activity of subjects of power in the mechanism of realization of the right of citizens to official information is considered.

ADMINISTRATIVE RESPONSIBILITY FOR HUMAN VIOLENCE IN UKRAINE: PROBLEMS OF APPLICATION

Oksana Poshtarenko

Judge
Samara District Court of Dnipro (Dnipro, Ukraine)

ORCID ID: 0000-0003-2242-961X

Anotation. The scientific article is devoted to the research of the problems of application of administrative responsibility for committing violence against a person in Ukraine. Its stated that administrative liability fof violence against another person in Ukraine is provided by certain provision of the Code of Administrative Offenses of Ukraine, in particular Article 173 «Minor hooliganism» (in the form of insulting citizens), Article 173-2 «Committing domestic violence, gender-based violence, failure to comply with an urgent injunction or failure to notify the place of his temporary residence», Article 173-4 «Bullying (harassment) of a participant in the educational process». Thanks to the research, the author’s definition of the concept of violence against another person and administrative liability as one of the types of legal liability has been developed and proposed. The analysis of modern problems of application of administrative responsibility for commission of the offenses provided by the listed articles is carried out, and offers concerning possibility of improvement of legal regulation in this sphere are expressed.
Keywords: The scientific article is devoted to the research of the problems of application of administrative responsibility for committing violence against a person in Ukraine. Its stated that administrative liability fof violence against another person in Ukraine is provided by certain provision of the Code of Administrative Offenses of Ukraine, in particular Article 173 «Minor hooliganism» (in the form of insulting citizens), Article 173-2 «Committing domestic violence, gender-based violence, failure to comply with an urgent injunction or failure to notify the place of his temporary residence», Article 173-4 «Bullying (harassment) of a participant in the educational process». Thanks to the research, the author’s definition of the concept of violence against another person and administrative liability as one of the types of legal liability has been developed and proposed. The analysis of modern problems of application of administrative responsibility for commission of the offenses provided by the listed articles is carried out, and offers concerning possibility of improvement of legal regulation in this sphere are expressed.

PROBLEMATIC ISSUES OF APPLICATION OF THE PROVISIONS OF ARTICLE 233 OF THE CRIMINAL PROCEDURE CODE OF UKRAINE IN CRIMINAL PROCEDURAL PROVING

Oleksandr Starenkyi

Candidate of Law, Professor at the Department of Criminal Procedure
National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0002-4517-726X

Anotation. Based on the analysis of the current criminal procedural legislation of Ukraine, materials of law enforcement practice, scientific literature, the article reveals the problematic issues of application of the provisions of Article 233 of the CPC of Ukraine in criminal procedural evidence and provides scientifically sound proposals for their solution. It was found that the investigator, coroner, prosecutor has the right to enter the dwelling or other property of a person only in urgent cases related to saving lives and / or property or directly prosecuting persons suspected of committing a decision of the investigating judge. criminal offense, or in order to prevent the risks of destruction of things, objects and documents that are relevant to criminal proceedings.
Keywords: Based on the analysis of the current criminal procedural legislation of Ukraine, materials of law enforcement practice, scientific literature, the article reveals the problematic issues of application of the provisions of Article 233 of the CPC of Ukraine in criminal procedural evidence and provides scientifically sound proposals for their solution. It was found that the investigator, coroner, prosecutor has the right to enter the dwelling or other property of a person only in urgent cases related to saving lives and / or property or directly prosecuting persons suspected of committing a decision of the investigating judge. criminal offense, or in order to prevent the risks of destruction of things, objects and documents that are relevant to criminal proceedings.

LEGAL PROTECTION OF GREEN TECHNOLOGIES WITHIN THE CONCEPT OF OPEN INNOVATIONS

Oksana Starovit, Anastasiia Yarmoliuk

Oksana Starovit, Postgraduate Student Scientific Research Institute of Intellectual Property of National Academy of Law Sciences of Ukraine (Kyiv, Ukraine)
Anastasiia Yarmoliuk, Postgraduate Student at the Intellectual Property and Information Law Department Institute of Law of Taras Shevchenko National University of Kyiv (Kyiv, Ukraine)

ORCID ID: 0000-0002-9465-3381, ORCID ID: 0000-0002-2844-9040

Anotation. The article provides the detailed review of the innovative activities’ peculiarities in the field of green technologies under the concept of open innovations. The role of intellectual property is analyzed as a component of innovative activity, and the balance of the intellectual property rights between the stakeholders having a partnership. Based on the research results of the key characteristics of open innovations model, the authors came to conclusion that the given concept is vital to implement by the intellectual property parties for development of green technologies in Ukraine, that is reasoned by those technologies’ substantial influence on the environment as well as on society. Referring to the successful international experience, establishment of platforms for open innovations is proposed, aimed at enhancement of partnership between the parties of intellectual property rights in order to facilitate the attraction of investments, spreading the knowledge and interchange of innovative technologies. Additionally, the authors have defined that development of innovative activities in the field of green technologies should be set up under condition of creation of an efficient interaction environment for the open technologies, where all the partners shall strictly follow the agreements on the intellectual property rights.
Keywords: The article provides the detailed review of the innovative activities’ peculiarities in the field of green technologies under the concept of open innovations. The role of intellectual property is analyzed as a component of innovative activity, and the balance of the intellectual property rights between the stakeholders having a partnership. Based on the research results of the key characteristics of open innovations model, the authors came to conclusion that the given concept is vital to implement by the intellectual property parties for development of green technologies in Ukraine, that is reasoned by those technologies’ substantial influence on the environment as well as on society. Referring to the successful international experience, establishment of platforms for open innovations is proposed, aimed at enhancement of partnership between the parties of intellectual property rights in order to facilitate the attraction of investments, spreading the knowledge and interchange of innovative technologies. Additionally, the authors have defined that development of innovative activities in the field of green technologies should be set up under condition of creation of an efficient interaction environment for the open technologies, where all the partners shall strictly follow the agreements on the intellectual property rights.

CRIMINAL LEGAL ASPECTS OF ORGANIZED CRIME IN CRIMINAL-EXECUTIVE INSTITUTIONS

Ian Streliuk

Candidate of Law, Applicant at the Department of Law Enforcement and Anti-Corruption Activities
Interregional Academy of Personnel Management (Kyiv, Ukraine)

ORCID ID: 0000-0002-4209-2017

Anotation. The purpose of the article is to reveal the qualification of organized crime offenses in closed penitentiary institutions by analyzing the scientific works of foreign and domestic scientists on this issue and study the shortcomings of the legislation implemented in the problem of their law enforcement. The article reveals the criminal law principles of organized crime in closed penitentiary institutions. The positions of domestic and foreign scientists of criminal law on this problem are analyzed. Some issues of qualification of actions that disorganize the work of penitentiary institutions are singled out. It was found that organized criminal groups differ from ordinary organized groups by a larger number (usually more than ten people), the presence of a pronounced internal structure and leadership, as well as a special criminal orientation. The latter is that all crimes committed, despite their differences in the nature and degree of public danger, ultimately aim to ensure the informal power of the group in the penitentiary and the constant extraction on this basis of various benefits and advantages, creating favorable conditions to lead an anti-social lifestyle.
Keywords: The purpose of the article is to reveal the qualification of organized crime offenses in closed penitentiary institutions by analyzing the scientific works of foreign and domestic scientists on this issue and study the shortcomings of the legislation implemented in the problem of their law enforcement. The article reveals the criminal law principles of organized crime in closed penitentiary institutions. The positions of domestic and foreign scientists of criminal law on this problem are analyzed. Some issues of qualification of actions that disorganize the work of penitentiary institutions are singled out. It was found that organized criminal groups differ from ordinary organized groups by a larger number (usually more than ten people), the presence of a pronounced internal structure and leadership, as well as a special criminal orientation. The latter is that all crimes committed, despite their differences in the nature and degree of public danger, ultimately aim to ensure the informal power of the group in the penitentiary and the constant extraction on this basis of various benefits and advantages, creating favorable conditions to lead an anti-social lifestyle.

ESSENCE AND CONCEPT OF THE NATIONAL SECURITY OF UKRAINE WITHIN THE SPHERE OF MARITIME ACTIVITIES

Bohdan Ustymenko

Attorney-at-Law, Postgraduate Student at the Department of Theory and History of State and Law National Pedagogical Dragomanov University (Kyiv, Ukraine)

ORCID ID: 0000-0001-9151-9438

Anotation. The author analyzes Ukraine’s national security legislation, the US Maritime Security Sector Reform Guide, the Report of the UN Secretary General “Oceans and the law of the sea” and the positions of scholars on the essence and concept of maritime security. It was established that the current legislation of Ukraine does not contain definitions of the terms “national security of Ukraine within the sphere of maritime activities” or “maritime security of Ukraine”. The article reveals the essence of Ukraine's national security within the sphere of maritime activities. The author makes a conclusion that Ukraine should add the term “national security of Ukraine within the sphere of maritime activities” to its legislation and defines national security of Ukraine within the sphere of maritime activities (maritime security of Ukraine) as protection of Ukraine's national maritime interests from real and potential threats, as well as ensuring the sustainable development of Ukraine as a maritime nation.
Keywords: The author analyzes Ukraine’s national security legislation, the US Maritime Security Sector Reform Guide, the Report of the UN Secretary General “Oceans and the law of the sea” and the positions of scholars on the essence and concept of maritime security. It was established that the current legislation of Ukraine does not contain definitions of the terms “national security of Ukraine within the sphere of maritime activities” or “maritime security of Ukraine”. The article reveals the essence of Ukraine's national security within the sphere of maritime activities. The author makes a conclusion that Ukraine should add the term “national security of Ukraine within the sphere of maritime activities” to its legislation and defines national security of Ukraine within the sphere of maritime activities (maritime security of Ukraine) as protection of Ukraine's national maritime interests from real and potential threats, as well as ensuring the sustainable development of Ukraine as a maritime nation.

INTERNATIONAL MECHANISM OF PROTECTING THE HUMAN RIGHT TO HOUSING

Oleh Chaikovskyi

Senior Lecturer at the Department of Philosophy, Political Science, Psychology and Law
Odesa State Academy of Civil Engineering and Architecture (Odesa, Ukraine)

ORCID ID: 0000-0001-9694-3406

Anotation. Constitutional protection of the rights of parties to housing relationships is one of the priority objectives of legislation. The existence of a right without the possibility to protect it loses external support and becomes nominal. That’s why every right, including the right to housing, is provided with eligibility for protection in the event of violation of the said right. The rights protection mechanism becomes activated when there is an obstacle to exercising, or a violation of, or a threat of violating the right to housing. However, the methods of protecting the right to housing in Ukraine are not always effective. After exhausting all national methods of legal protection, a citizen has the right under Article 55 (3) of the Constitution of Ukraine to apply for protection of their rights and freedoms to international institutions concerned or to bodies concerned of international organizations of which Ukraine is a member or a signatory party. The system of international (interstate) bodies and organizations concerned with implementing international standards on human rights and freedoms or with restoring these rights and freedoms in the event of violation thereof constitutes a mechanism of international protection of human rights.
Keywords: Constitutional protection of the rights of parties to housing relationships is one of the priority objectives of legislation. The existence of a right without the possibility to protect it loses external support and becomes nominal. That’s why every right, including the right to housing, is provided with eligibility for protection in the event of violation of the said right. The rights protection mechanism becomes activated when there is an obstacle to exercising, or a violation of, or a threat of violating the right to housing. However, the methods of protecting the right to housing in Ukraine are not always effective. After exhausting all national methods of legal protection, a citizen has the right under Article 55 (3) of the Constitution of Ukraine to apply for protection of their rights and freedoms to international institutions concerned or to bodies concerned of international organizations of which Ukraine is a member or a signatory party. The system of international (interstate) bodies and organizations concerned with implementing international standards on human rights and freedoms or with restoring these rights and freedoms in the event of violation thereof constitutes a mechanism of international protection of human rights.

THE CONCEPT AND GENERAL ESSENCE OF STATE POLICY IN THE FIELD OF WEAPONS IN UKRAINE

Tetiana Shumeiko

Candidate of Law, Doctoral Student at the Department of Police Law
National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0003-0103-300X

Anotation. The article clarifies the essence and formulates the concept of state policy in the field of arms circulation in Ukraine. Based on the analysis of formal, substantive and predictive-strategic interpretive approaches to understanding public policy, it is proved that it is a socio-legal, political and economic phenomenon: it has a clear legal form filled with specific content; is objectified on the grounds and conditions determined by the legislation; assumes the existence of an administrative and legal mechanism for its formation and implementation in accordance with certain strategies and programs, as well as the urgent needs of society and the state. On the basis of the form, the state policy in the sphere of weapons circulation in Ukraine is objectified in the decisions and managerial actions (inaction) of the entity of this state policy formation and implementation. Based on content, the state policy in the sphere of arms circulation in Ukraine is manifested in the conceptual basis of this state policy – the modern doctrine of administrative law of Ukraine, principles of state policy in the weapons circulation area. It is substantiated that the state policy in the field of arms turnover in Ukraine based on the norms of the current legislation is purposeful, organized and relatively stable management activity (in the form of actions or inaction) of the state power entities in order to streamline, develop and solve the problems of the social relations and processes proper course in the sphere of arms circulation. The conclusions to the article summarize the results of the study.
Keywords: The article clarifies the essence and formulates the concept of state policy in the field of arms circulation in Ukraine. Based on the analysis of formal, substantive and predictive-strategic interpretive approaches to understanding public policy, it is proved that it is a socio-legal, political and economic phenomenon: it has a clear legal form filled with specific content; is objectified on the grounds and conditions determined by the legislation; assumes the existence of an administrative and legal mechanism for its formation and implementation in accordance with certain strategies and programs, as well as the urgent needs of society and the state. On the basis of the form, the state policy in the sphere of weapons circulation in Ukraine is objectified in the decisions and managerial actions (inaction) of the entity of this state policy formation and implementation. Based on content, the state policy in the sphere of arms circulation in Ukraine is manifested in the conceptual basis of this state policy – the modern doctrine of administrative law of Ukraine, principles of state policy in the weapons circulation area. It is substantiated that the state policy in the field of arms turnover in Ukraine based on the norms of the current legislation is purposeful, organized and relatively stable management activity (in the form of actions or inaction) of the state power entities in order to streamline, develop and solve the problems of the social relations and processes proper course in the sphere of arms circulation. The conclusions to the article summarize the results of the study.

CRIMINAL AND LEGAL PROTECTION OF THE NORMAL WORK OF THE AUTOMATED COURT DOCUMENTATION SYSTEM: THE EXPERIENCE OF CIS MEMBER COUNTRIES

Artem Shcherbina

Postgraduate Student
Donetsk State University of Internal Affairs (Mariupol, Donetsk region, Ukraine)

ORCID ID: 0000-0001-8600-1829

Anotation. In the article, the author of the review of the criminal legislation of the provinces-members of the Union of Independent Powers. Emphasize respect for that. Also, there is a large number of other special statutes that have transferred bi-criminal information for the failure of a normal robotic automated system and document processing to the court. The author notes that in the territories of the SND, the legislator does not need a criminal law-enforcer, which has a special role in the damaged normal robotic automated systems and document management courts. In the case of the criminal code of law, there is no wish for similar norms for the distribution assigned to criminal law-enforcers against justice. Tse allow it to state that our country is more serious about suspiciously not safe work, it’s not safe to destroy the system of the court, and also negatively embed the criminal situation on the backbone of the Ukrainian situation.
Keywords: In the article, the author of the review of the criminal legislation of the provinces-members of the Union of Independent Powers. Emphasize respect for that. Also, there is a large number of other special statutes that have transferred bi-criminal information for the failure of a normal robotic automated system and document processing to the court. The author notes that in the territories of the SND, the legislator does not need a criminal law-enforcer, which has a special role in the damaged normal robotic automated systems and document management courts. In the case of the criminal code of law, there is no wish for similar norms for the distribution assigned to criminal law-enforcers against justice. Tse allow it to state that our country is more serious about suspiciously not safe work, it’s not safe to destroy the system of the court, and also negatively embed the criminal situation on the backbone of the Ukrainian situation.

SYSTEM OF SUBJECTS OF PUBLIC POLICY IMPLEMENTATION IN THE FIELD OF INFORMATION PROTECTION OF UKRAINE

Yurii Shchyhol

Applicant
Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0001-1487-1162

Anotation. The article defines the range of subjects of formation and implementation of state policy in the field of information protection of Ukraine. The role of each state body in the formation and implementation of state policy in the field of information protection of Ukraine is considered. In particular, it is determined that the main role of technical and technological protection of information of Ukraine is played by the State Service for Special Communications and Information Protection of Ukraine. There are proposed definition of categori “subject of implementation of state policy in the field of information protection” which should be understood as a state body or authorized person who is a participant in specific information relations, endowed with legal rights and responsibilities to perform set challenges and achieve relevant goals set by the state information protection policy, using certain methods of administrative and legal regulation. It is proposed the subjects of formation and implementation of state policy in the field of information protection are classified into: 1) subjects of formation of state policy in the field of information protection and 2) subjects of implementation of state policy in the field of information protection.
Keywords: The article defines the range of subjects of formation and implementation of state policy in the field of information protection of Ukraine. The role of each state body in the formation and implementation of state policy in the field of information protection of Ukraine is considered. In particular, it is determined that the main role of technical and technological protection of information of Ukraine is played by the State Service for Special Communications and Information Protection of Ukraine. There are proposed definition of categori “subject of implementation of state policy in the field of information protection” which should be understood as a state body or authorized person who is a participant in specific information relations, endowed with legal rights and responsibilities to perform set challenges and achieve relevant goals set by the state information protection policy, using certain methods of administrative and legal regulation. It is proposed the subjects of formation and implementation of state policy in the field of information protection are classified into: 1) subjects of formation of state policy in the field of information protection and 2) subjects of implementation of state policy in the field of information protection.