Journal №8 (52) / 2022|KELM

USING AUTHENTIC TEXTS WHILE LEARNING A FOREIGN LANGUAGE (ON THE EXAMPLE OF THE GAGAUZ LANGUAGE)

Fedora Arnaut, Kateryna Teleshun

Fedora Arnaut, PhD, Associated Professor of the Department of Turkology Educational and Scientific Institute of Philology Taras Shevchenko National University of Kyiv (Kyiv, Ukraine)
Kateryna Teleshun, PhD, Associated Professor of the Department of Turkology Educational and Scientific Institute of Philology Taras Shevchenko National University of Kyiv (Kyiv, Ukraine)

ORCID ID: 0000-0001-7291-0239; ORCID ID: 0000-0003-0091-8252

Anotation. The article examines the role of authentic texts in teaching the Gagauz language as a foreign language. A classification of authentic materials is presented, while the functions they perform are considered, and their advantages as a valuable resource for teaching and independent work of students are highlighted. Methodological recommendations for the use of authentic materials are given. Particular attention is paid to determine the goals of using the authentic materials and the results of their systematic use in learning the Gagauz language. The use of authentic materials is necessary at all stages of learning a foreign language in all types of speaking activities, because the authentic texts are what allows you to join the natural language environment, introduce students to the culture and everyday life of the people for whom this language is native, and form students - future teachers of Gagauz language intercultural communicative competence.
Keywords: The article examines the role of authentic texts in teaching the Gagauz language as a foreign language. A classification of authentic materials is presented, while the functions they perform are considered, and their advantages as a valuable resource for teaching and independent work of students are highlighted. Methodological recommendations for the use of authentic materials are given. Particular attention is paid to determine the goals of using the authentic materials and the results of their systematic use in learning the Gagauz language. The use of authentic materials is necessary at all stages of learning a foreign language in all types of speaking activities, because the authentic texts are what allows you to join the natural language environment, introduce students to the culture and everyday life of the people for whom this language is native, and form students - future teachers of Gagauz language intercultural communicative competence.

CONCEPT ASPECTS OF DEVELOPING THE PEDAGOGICAL SKILLFULNESS OF THE GENERAL EDUCATION SUBJECTS TEACHER OF THE VOCATIONAL

Maryna Кabysh

Candidate of Philological Sciences, Doctoral Student Institute of the Professional Education of the National Academy of Sciences of Ukraine(Кyiv, Ukraine)

ORCID ID: 0000-0002-0454-6065

Anotation. The concept provisions of forming the pedagogical skillfulness of general education subjects teacher of the professional education institution were highlighted. The results of analysing the definition of the pedagogical skillfiulness of general education subjects teacher of the vocational education institution were presented. The constituents of the pedagogical skillfulness of the vocational education institution teacher, the main methodological approaches, principles, factors, pedagogical conditions of forming the pedagogical skillfulness of general education subjects teacher of the professional education institution were singled out. The main constituents of the process of forming the pedagogical skillfulness of general education subjects teacher of the professional education institution were characterized and the model of the specified process was presented as the structure uniting the five interrelated blocks: target, concept and methodological, subject, content and technological, diagnostic and result. The structural model of developing the teacher’s pedagogical skillfulness reflects the grounded tasks, methodological approaches, principles, factors, pedagogical conditions, stages, structural constituents, criteria, indicators regarding the projected phenomenon. It was concluded that the highlighted provisions of purposeful developing the pedagogical skillfulness of general education subjects teacher of the professional education institution based on the grounded directions and stages of solving the problem make up the attempt to develop the theoretical and methodological concepts of developing this integrative property of the personality.
Keywords: The concept provisions of forming the pedagogical skillfulness of general education subjects teacher of the professional education institution were highlighted. The results of analysing the definition of the pedagogical skillfiulness of general education subjects teacher of the vocational education institution were presented. The constituents of the pedagogical skillfulness of the vocational education institution teacher, the main methodological approaches, principles, factors, pedagogical conditions of forming the pedagogical skillfulness of general education subjects teacher of the professional education institution were singled out. The main constituents of the process of forming the pedagogical skillfulness of general education subjects teacher of the professional education institution were characterized and the model of the specified process was presented as the structure uniting the five interrelated blocks: target, concept and methodological, subject, content and technological, diagnostic and result. The structural model of developing the teacher’s pedagogical skillfulness reflects the grounded tasks, methodological approaches, principles, factors, pedagogical conditions, stages, structural constituents, criteria, indicators regarding the projected phenomenon. It was concluded that the highlighted provisions of purposeful developing the pedagogical skillfulness of general education subjects teacher of the professional education institution based on the grounded directions and stages of solving the problem make up the attempt to develop the theoretical and methodological concepts of developing this integrative property of the personality.

THE LIFE AND SCIENTIFIC WAY UKRAINIAN DEFECTOLOGISTS OF RUDOLF KRAJEWSKI

Oleksandr Kozynets

Candidate of Pedagogical Sciences (PhD), Associate Professor, Lecturer at the Department of Speech Therapy, Associate Professor at the Department of Speech Therapy and Psychology of Speech National Pedagogical Drahomanov University (Kyiv, Ukraine)

ORCID ID: 0000-0002-6325-4783

Anotation. Study describes life and creative path of the famous Ukrainian defectologist of Soviet period Rudolf Genrikhovich Krajewski (1897-1980), whose name is known to the scientific community in several images: as doctor’s assistant, theoretician and practitioner of psychiatry, educationist, scientist-defectologist in fields of Surdo-pedagogics and Speech therapy. Retrospective analysis of the prerequisites of becoming R.G. Krajewski as a scientist is done, the main directions of scientific-organizational activity and social life of the teacher are outlined. Study also talks about a historical time period when R.G. Krajewski worked at Defectology Department of the M. Gorky Kiev State Pedagogical University. Main points of his biography and scientific works are represented and published for the first time. The article talks about the most important scientific works, including the manuals «Sign Language of the Deaf» and «Speech disturbances and their elimination».
Keywords: Study describes life and creative path of the famous Ukrainian defectologist of Soviet period Rudolf Genrikhovich Krajewski (1897-1980), whose name is known to the scientific community in several images: as doctor’s assistant, theoretician and practitioner of psychiatry, educationist, scientist-defectologist in fields of Surdo-pedagogics and Speech therapy. Retrospective analysis of the prerequisites of becoming R.G. Krajewski as a scientist is done, the main directions of scientific-organizational activity and social life of the teacher are outlined. Study also talks about a historical time period when R.G. Krajewski worked at Defectology Department of the M. Gorky Kiev State Pedagogical University. Main points of his biography and scientific works are represented and published for the first time. The article talks about the most important scientific works, including the manuals «Sign Language of the Deaf» and «Speech disturbances and their elimination».

REFLEXIVE APPROACH AS A BASIS FOR THE FORMATION OF STRATEGIC COMPETENCE OF FUTURE PRIMARY SCHOOL TEACHERS

Olena Konotop

Ph.D. in Pedagogical Sciences, Associate Professor, Associate Professor of the Department of Languages and Methods of Teaching Faculty of Preschool, Primary Education and Arts T.H. Shevchenko National University “Chernihiv Colehium”(Chernihiv, Ukraine)

ORCID ID: 0000-0002-8451-357X

Anotation. One of the important tasks of modern institutions of higher education in Ukraine is the training of competent specialists in accordance with the levels of world standards, socially and professionally mobile. The purpose of the article is to highlight the reflexive approach as a basis for the formation of strategic competence of future primary school teachers. The result of the formation of future teachers’ strategic competence should be personal and professional development, students’ readiness for constant reflective activity, analysis, interpretation of their own achievements, which throughout life will contribute to the formation of their own reflective strategies and serve as a basis for constant professional growth and self-improvement. The prospects for further scientific research should be the use of the reflection approach to forming of strategic competence in the educational process.
Keywords: One of the important tasks of modern institutions of higher education in Ukraine is the training of competent specialists in accordance with the levels of world standards, socially and professionally mobile. The purpose of the article is to highlight the reflexive approach as a basis for the formation of strategic competence of future primary school teachers. The result of the formation of future teachers’ strategic competence should be personal and professional development, students’ readiness for constant reflective activity, analysis, interpretation of their own achievements, which throughout life will contribute to the formation of their own reflective strategies and serve as a basis for constant professional growth and self-improvement. The prospects for further scientific research should be the use of the reflection approach to forming of strategic competence in the educational process.

ROADMAP FOR THE IMPLEMENTATION OF THE PROFESSIONAL STANDARD «EDUCATOR OF PRESCHOOL EDUCATION INSTITUTION»

Olha Kosenchuk, Olha Stiahunova

Olha Kosenchuk, Candidate of Pedagogical Sciences, Associate Professor, Head of the Department of Preschool Education State Institution “Ukrainian Institute for Education Development” (Kyiv, Ukraine)
Olha Stiahunova, Сandidate of Pedagogical Sciences, Methodologist of the Preschool Education Department State Institution “Ukrainian Institute for Education Development” (Kyiv, Ukraine)

ORCID ID: 0000-0002-1733-5937; ORCID ID: 0000-0001-7374-9686

Anotation. The article is devoted to the problem of implementation of the professional standard «Preschool Educator». The authors analyze the current state of the problem, analyze the current regulatory documents; characterize the conceptual framework of the studied issues; focus on the development of a roadmap for the implementation of the professional standard “Preschool educator”. The components of the roadmap are designed, the main ways and directions of implementation of the Professional Standard in practice at different local levels of education are outlined: state, regional, local, local (preschool education institution) at the personal level. Attention is focused on designing an individual professional development trajectory. Five priority areas of activity are presented, the necessary conditions at a particular local level are characterized, their content and structural elements are outlined. All priority areas of activity are interconnected, forming a single end-to-end system, creating a continuous process. Effective solutions for the implementation of the professional standard «Preschool teacher» are predicted. The approaches to the professional development of pedagogical workers in the process of implementing the professional standard “Preschool teacher” are substantiated.
Keywords: The article is devoted to the problem of implementation of the professional standard «Preschool Educator». The authors analyze the current state of the problem, analyze the current regulatory documents; characterize the conceptual framework of the studied issues; focus on the development of a roadmap for the implementation of the professional standard “Preschool educator”. The components of the roadmap are designed, the main ways and directions of implementation of the Professional Standard in practice at different local levels of education are outlined: state, regional, local, local (preschool education institution) at the personal level. Attention is focused on designing an individual professional development trajectory. Five priority areas of activity are presented, the necessary conditions at a particular local level are characterized, their content and structural elements are outlined. All priority areas of activity are interconnected, forming a single end-to-end system, creating a continuous process. Effective solutions for the implementation of the professional standard «Preschool teacher» are predicted. The approaches to the professional development of pedagogical workers in the process of implementing the professional standard “Preschool teacher” are substantiated.

CHALLENGES OF STEM EDUCATION

Iryna Nikitina, Tetyana Ishchenko

Iryna Nikitina, Senior Teacher of the Department of International Relations, Social and Humanitarian Sciences Dnipropetrovsk State University of Internal Affairs (Dnipro, Ukraine)
Tetyana Ishchenko, Senior Teacher of the Department of International Relations, Social and Humanitarian Sciences Dnipropetrovsk State University of Internal Affairs (Dnipro, Ukraine)

ORCID ID: 0000-0003-3767-7034; ORCID ID: 0000-0002-3103-978X

Anotation. Any nation who takes care about its future should provide the young generation with a good education. It is essential to provide them with the skills and knowledge they’ll need to be successful innovators in a XXI century. The article analyzes the main aspects of a learning strategy STEM which provides students mainly with an interdisciplinary approach to learning. Both the advantageous and disadvantageous issues of this learning approach are revealed in the article. The peculiarities of STEAM learning method have also been emphasized. The article notes the specific practices of applying STEM/STEAM learning in the USA, European Union and Ukraine, specified by educational and professional training programs. Special emphasis is put upon the perspectives of these approaches to education. Modern STEM education promotes not only skills such as critical thinking, problem solving, higher-order thinking, design but also behavioral competencies such as perseverance, adaptability, cooperation, organization, and responsibility.
Keywords: Any nation who takes care about its future should provide the young generation with a good education. It is essential to provide them with the skills and knowledge they’ll need to be successful innovators in a XXI century. The article analyzes the main aspects of a learning strategy STEM which provides students mainly with an interdisciplinary approach to learning. Both the advantageous and disadvantageous issues of this learning approach are revealed in the article. The peculiarities of STEAM learning method have also been emphasized. The article notes the specific practices of applying STEM/STEAM learning in the USA, European Union and Ukraine, specified by educational and professional training programs. Special emphasis is put upon the perspectives of these approaches to education. Modern STEM education promotes not only skills such as critical thinking, problem solving, higher-order thinking, design but also behavioral competencies such as perseverance, adaptability, cooperation, organization, and responsibility.

METHODS, METHODOLOGICAL TECHNIQUES OF FORMING PROFESSIONAL COMPETENCE OF FUTURE ELECTRICAL TECHNICIANS IN AGRICULTURAL COLLEGES

Liubov Yarosh

Postgraduate Student at the Institute of Vocational Education of the National Academy of Sciences of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0002-7150-9053

Anotation. In the new socio-economic conditions of the labor market, society and employers put forward higher requirements for the quality of training of specialists of various levels, who must not only have the necessary knowledge in their professional field, but also possess the skills of their complex application in solving production tasks from the first days of independent professional activity. For purposeful formation of the professional competence of future electrical technicians in agricultural colleges, it is necessary to pedagogically competently build a system of methods, forms, and technologies of learning for systematic, permanent acquisition of knowledge at higher, creative levels. The article substantiates the effectiveness of the application of methods and methodological techniques for the formation of the professional competence of future electrical technicians in agricultural colleges, which is achieved through the reproduction of real conditions of professional activity, active personal inclusion of the student in the educational situation, intensive interpersonal communication, as well as emotional experiences of success or failure. Thus, we can say that the use of characterized methods and methodological techniques aimed at the development of the individual as a whole, creative, creative thinking contributes to the formation of professional competence of future electrical technicians in agricultural colleges.
Keywords: In the new socio-economic conditions of the labor market, society and employers put forward higher requirements for the quality of training of specialists of various levels, who must not only have the necessary knowledge in their professional field, but also possess the skills of their complex application in solving production tasks from the first days of independent professional activity. For purposeful formation of the professional competence of future electrical technicians in agricultural colleges, it is necessary to pedagogically competently build a system of methods, forms, and technologies of learning for systematic, permanent acquisition of knowledge at higher, creative levels. The article substantiates the effectiveness of the application of methods and methodological techniques for the formation of the professional competence of future electrical technicians in agricultural colleges, which is achieved through the reproduction of real conditions of professional activity, active personal inclusion of the student in the educational situation, intensive interpersonal communication, as well as emotional experiences of success or failure. Thus, we can say that the use of characterized methods and methodological techniques aimed at the development of the individual as a whole, creative, creative thinking contributes to the formation of professional competence of future electrical technicians in agricultural colleges.

SPECIFICITY OF GUITAR PERFORMANCE IN THE CONTEXT OF SPIRITUAL AND ARTISTIC CULTURE OF UKRAINE

Bohdan Burlachenko

Postgraduate Student Vasyl Stefanyk Precarpathian National University (Ivano-Frankivsk, Ukraine)

ORCID ID: 0000-0003-2194-584X

Anotation. The article deals with historical events that influenced the development of guitar performance in the period of the XX – early XXI century in Ukraine. The method of actualization and systematization of information contributed to the analysis of the creative path of prominent teachers and performers, the identification of parallels in the development of guitar performance in Europe and Ukraine, the influence of foreign performance on the functioning of contemporary guitar art, the activities of various ensemble music groups and the emergence of the national competition and festival movement. According to the chronology, the activities of Ukrainian leading guitar performers and composers, including V. Dotsenko, Z. Kipchenko, A. Shevchenko, M. Gelis, M. Mykhailenko, and V. Manilov, are systematized. The article highlights the stages of development of the festival and competition movements in Ukraine. It is proved that today the subject of the research is covered sporadically.
Keywords: The article deals with historical events that influenced the development of guitar performance in the period of the XX – early XXI century in Ukraine. The method of actualization and systematization of information contributed to the analysis of the creative path of prominent teachers and performers, the identification of parallels in the development of guitar performance in Europe and Ukraine, the influence of foreign performance on the functioning of contemporary guitar art, the activities of various ensemble music groups and the emergence of the national competition and festival movement. According to the chronology, the activities of Ukrainian leading guitar performers and composers, including V. Dotsenko, Z. Kipchenko, A. Shevchenko, M. Gelis, M. Mykhailenko, and V. Manilov, are systematized. The article highlights the stages of development of the festival and competition movements in Ukraine. It is proved that today the subject of the research is covered sporadically.

OPERA STUDIO OF UKRAINIAN NATIONAL TCHAIKOVSKY ACADEMY OF MUSIC AS A STARTING PLATFORM FOR THE PROFESSIONAL CAREER OF YOUNG MUSICAL THEATRE’S STAGE DIRECTORS

Iryna Dats, Mykola Hamkalo

Iryna Dats, People's Artist of Ukraine, Professor at the Department of the Opera Training and Music Directing Ukrainian National Tchaikovsky Academy of Music (Kyiv, Ukraine)
Mykola Hamkalo, Docent at the Department of the Opera Training and Music Directing Ukrainian National Tchaikovsky Academy of Music(Kyiv, Ukraine)

ORCID ID: 0000-0003-3851-2047; ORCID ID: 0000-0001-5919-2099

Anotation. The purpose of the article is to trace the role of the Opera Studio of Ukrainian National Tchaikovsky Academy of Music, in particular the big stage named after Hero of Ukraine V. Slipak in the context of educational program for the formation of new theatre art specialists, particularly stage directors at the Department of Opera Training and Music Direction of the Ukrainian National Tchaikovsky Academy of Music. Considered performances of the graduates of this department, that differ in genres, styles of music and the origin of drama, proved the importance of gaining empirical experience by young specialists. It is predicted that the prospects for the further development of stage variations by young specialists will be movement towards multimedia searches, taking into account the socio-cultural components of today. It has been proven that the possibility of staging a performance on a big stage, in particular, the Great Hall named after Hero of Ukraine V. Slipak, is a necessary component of the educational process program for stage directors of musical theatre. It allows to master the principles of this multi-vector profession in full.
Keywords: The purpose of the article is to trace the role of the Opera Studio of Ukrainian National Tchaikovsky Academy of Music, in particular the big stage named after Hero of Ukraine V. Slipak in the context of educational program for the formation of new theatre art specialists, particularly stage directors at the Department of Opera Training and Music Direction of the Ukrainian National Tchaikovsky Academy of Music. Considered performances of the graduates of this department, that differ in genres, styles of music and the origin of drama, proved the importance of gaining empirical experience by young specialists. It is predicted that the prospects for the further development of stage variations by young specialists will be movement towards multimedia searches, taking into account the socio-cultural components of today. It has been proven that the possibility of staging a performance on a big stage, in particular, the Great Hall named after Hero of Ukraine V. Slipak, is a necessary component of the educational process program for stage directors of musical theatre. It allows to master the principles of this multi-vector profession in full.

THE SPECIFICS OF PRESERVING THE TRADITIONS OF THE BUKOVINIAN CARNIVAL ON THE MATERIAL OF THE MALANKA FEST FESTIVAL

Yaroslav Osypenko

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

ORCID ID: 0000-0001-8207-4852

Anotation. The article reveals the festival space as an indicator of the development of artistic life in Bukovyna. The history of the emergence and functioning of the international folklore and ethnographic festival called “Malanka Fest” in the cultural and artistic context is analyzed. The methodology of the research is based on the methodological principles of analysis of cultural and artistic phenomena. A theoretical approach was applied, which made it possible to reveal the specifics of the celebration of the Malanka festival in the Chernivtsi region on the basis of source material and personal observations. It is found that the phenomenon of Bukovyna's Pereberia has a dynamic development due to the dedicated work of the festival participants and the support of local residents of the region who protect, honor and adequately present Ukrainian traditions. It is proved that holding the international festival “Malanka Fest” contributes to the revival and preservation of the ancient traditions of malanka in Bukovyna.
Keywords: The article reveals the festival space as an indicator of the development of artistic life in Bukovyna. The history of the emergence and functioning of the international folklore and ethnographic festival called “Malanka Fest” in the cultural and artistic context is analyzed. The methodology of the research is based on the methodological principles of analysis of cultural and artistic phenomena. A theoretical approach was applied, which made it possible to reveal the specifics of the celebration of the Malanka festival in the Chernivtsi region on the basis of source material and personal observations. It is found that the phenomenon of Bukovyna's Pereberia has a dynamic development due to the dedicated work of the festival participants and the support of local residents of the region who protect, honor and adequately present Ukrainian traditions. It is proved that holding the international festival “Malanka Fest” contributes to the revival and preservation of the ancient traditions of malanka in Bukovyna.

ACTUALIZATION OF FOLK DANCE IN FAMILY TRADITIONS

Lilia Savchyn

Candidate of Historical Sciences, Associate Professor, Honored Worker of Arts of Ukraine, Doctoral Student of the National Academy of Managers of Culture and Arts 034 – cultural studies (Kyiv, Ukraine)

ORCID ID: 0000-0002-8537-142Х

Anotation. The article considers a number of issues that actualize folk dance in the traditions of family content. The important cultural importance of folk dance and ritual actions in the traditions of the family content necessitates in-depth theoretical development of such issues. In particular, the question of the practical use of dance in family traditions in the modern historical and cultural process should be theoretically understood. Along with this, the substantive content of Ukrainian dance needs to be analyzed, which is undergoing changes, therefore, the form of their preservation and reproduction needs to be improved. With this in mind, the scientific works of philosophers, ethnographers, culturologists, and historians of the 19th and 20th centuries have been analyzed in the perspective of the modern era.
Keywords: The article considers a number of issues that actualize folk dance in the traditions of family content. The important cultural importance of folk dance and ritual actions in the traditions of the family content necessitates in-depth theoretical development of such issues. In particular, the question of the practical use of dance in family traditions in the modern historical and cultural process should be theoretically understood. Along with this, the substantive content of Ukrainian dance needs to be analyzed, which is undergoing changes, therefore, the form of their preservation and reproduction needs to be improved. With this in mind, the scientific works of philosophers, ethnographers, culturologists, and historians of the 19th and 20th centuries have been analyzed in the perspective of the modern era.

ACADEMIC CHAMBER CHOIR “KHRESHCHATYK”: “CHORAL GOSPEL” BY PAVLO MURAVSKYI IN THE CREATIVE PRACTICE OF LARYSA BUKHONSKA

Anna Sirash

Senior Lecturer of the Department of Orchestral Conducting and Instrumentation Petro Tchaikovsky National Music Academy of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0002-8930-550X

Anotation. The creative activity of the outstanding Ukrainian conductor Larysa Bukhonska is considered. It is proved that the professional formation of the Academic Chamber Choir “Khreshchatyk” took place in the direction of determinative, programmatic creative settings of the conductor. “Nature of the sound”, “timbral dramaturgy” are the main components of the “Choral Gospel” of her Teacher, Professor Pavlo Muravskyi, who inspired L. Bukhonska of constant search in the field of choral art. The creative work of the conductor with the “Khreshchatyk” choir has always been aimed at revealing the chamber style of modern choral performance through the prism of national traditions, which was primarily reflected in the repertoire concept of the collective. The choir has been working in three areas: spiritual music of Ukrainian composers, contemporary Ukrainian music, folklore. The expansion of repertoire boundaries has led to a new mindset in choral performance. The chamber choir began to acquire certain permanent features related to the timbre palette, technical perfection, methods of stage behavior, etc.
Keywords: The creative activity of the outstanding Ukrainian conductor Larysa Bukhonska is considered. It is proved that the professional formation of the Academic Chamber Choir “Khreshchatyk” took place in the direction of determinative, programmatic creative settings of the conductor. “Nature of the sound”, “timbral dramaturgy” are the main components of the “Choral Gospel” of her Teacher, Professor Pavlo Muravskyi, who inspired L. Bukhonska of constant search in the field of choral art. The creative work of the conductor with the “Khreshchatyk” choir has always been aimed at revealing the chamber style of modern choral performance through the prism of national traditions, which was primarily reflected in the repertoire concept of the collective. The choir has been working in three areas: spiritual music of Ukrainian composers, contemporary Ukrainian music, folklore. The expansion of repertoire boundaries has led to a new mindset in choral performance. The chamber choir began to acquire certain permanent features related to the timbre palette, technical perfection, methods of stage behavior, etc.

THE CONCEPT OF ANTINOMY IN THE THEOLOGY OF VLADIMIR LOSSKY

Mykhailo Antonyuk, Priest

Postgraduate Student Kyiv Theological Academy (Kyiv, Ukraine)

ORCID ID: 0000-0002-9343-3539

Anotation. The article explains the meaning of the concept of “antinomy” according to the works of the theologian of the 20th century Vladimir Lossky. The concept is considered in a theological context only. V. Lossky calls Orthodox theology “antinomian”, and in his theological system the concept of “antinomy” has an exclusively ontological nature and carries only a positive meaning. It is used to underline a mysterious character of dogmas and has a form of thesis + antithesis. Lossky analyzes a number of antinomies of Orthodox theology (the Unity and Trinity of God, the transcendence and immanence of God, the antinomy of knowledge of God, the union of the divine and human natures in Christ). According to Lossky, an antinomian link exists between apophatic and cataphatic theology. The researcher also points at significance of antinomian statements in Orthodox theology as well as at the danger of disturbing the balance between these statements.
Keywords: The article explains the meaning of the concept of “antinomy” according to the works of the theologian of the 20th century Vladimir Lossky. The concept is considered in a theological context only. V. Lossky calls Orthodox theology “antinomian”, and in his theological system the concept of “antinomy” has an exclusively ontological nature and carries only a positive meaning. It is used to underline a mysterious character of dogmas and has a form of thesis + antithesis. Lossky analyzes a number of antinomies of Orthodox theology (the Unity and Trinity of God, the transcendence and immanence of God, the antinomy of knowledge of God, the union of the divine and human natures in Christ). According to Lossky, an antinomian link exists between apophatic and cataphatic theology. The researcher also points at significance of antinomian statements in Orthodox theology as well as at the danger of disturbing the balance between these statements.

THE DIPHTHONGS OF CONTEMPORARY CHINESE: AN EVOLUTION AND A PROBLEM OF DEFINITION

Nadiia Kirnosova

Candidate of Philology Science, Associate Professor, Associate Professor of the Department of Far East and South-East Asia Languages and Literature Taras Shevchenko National University of Kyiv (Kyiv, Ukraine)

ORCID ID: 0000-0001-7721-5630

Anotation. This article argues that the diphthongs of Modern Chinese are actually diphthongoids. The method of gestalt-analisis, applied to the process of evolution of these diphthongs, enables to light up a derivational connection between one of the vowels in a diphthong and the field of consonants, so this vowel usually is reduced, and the other one becomes prominent. Transition of sounds from the field of consonants to the field of vowels and vice versa has been realised according to the principle of contiguity and only through two ports – i/j and u/w, and only these two vowels are realized in modern diphthongs in Chinese language as reduced vowels. This consideration is very important in case of creating a practical transcription from Chinese into Ukrainian, as it motivates a using of consonants й and в (bilabial) in transcription of these complex sounds.
Keywords: This article argues that the diphthongs of Modern Chinese are actually diphthongoids. The method of gestalt-analisis, applied to the process of evolution of these diphthongs, enables to light up a derivational connection between one of the vowels in a diphthong and the field of consonants, so this vowel usually is reduced, and the other one becomes prominent. Transition of sounds from the field of consonants to the field of vowels and vice versa has been realised according to the principle of contiguity and only through two ports – i/j and u/w, and only these two vowels are realized in modern diphthongs in Chinese language as reduced vowels. This consideration is very important in case of creating a practical transcription from Chinese into Ukrainian, as it motivates a using of consonants й and в (bilabial) in transcription of these complex sounds.

STRUCTURAL-SEMANTIC AND PRAGMATIC STYLISTIC FEATURES OF THE FUNCTIONING OF UNARTICULATED SENTENCES IN IVAN FRANKO'S FICTION

Alona Kucher

Postgraduate Student at the Department of Ukrainian Language Borys Hrinchenko University of Kyiv (Kyiv, Ukraine)

ORCID ID: 0000-0002-9056-7697

Anotation. The article is devoted to the analysis of one of the syntactic means of expressiveness – non-articulated sentences. The historiography of the study of sentences of this type and the main prerequisite for their emergence and functioning are briefly considered. The leading features of their semantic and grammatical nature are described. It was determined that non-articulated sentences is the result of the deconstruction of the formal expression of thought, which is related to the linear extent and number of components. It is noted that the different part-language status of indicators of such sentences contributes to the expansion of their pragmatic potential. Semantic classification of all found types of nonarticulated sentences (affirmative, interrogative, negative, persuasive, appellative, emotional-evaluative (exclamatory, noun), etiquette, onomatopoeia) was carried out. The most used are affirmative (22%) and emotionally evaluative (22%), the least – appellative (1.5%). The results of the quantitative and statistical analysis demonstrated the dynamics of the functioning of the unarticulated sentences in the works of different periods of I. Franko's work. Unarticulated sentences are more characteristic of characters' speech, which is a reproduction of the process of live communication.
Keywords: The article is devoted to the analysis of one of the syntactic means of expressiveness – non-articulated sentences. The historiography of the study of sentences of this type and the main prerequisite for their emergence and functioning are briefly considered. The leading features of their semantic and grammatical nature are described. It was determined that non-articulated sentences is the result of the deconstruction of the formal expression of thought, which is related to the linear extent and number of components. It is noted that the different part-language status of indicators of such sentences contributes to the expansion of their pragmatic potential. Semantic classification of all found types of nonarticulated sentences (affirmative, interrogative, negative, persuasive, appellative, emotional-evaluative (exclamatory, noun), etiquette, onomatopoeia) was carried out. The most used are affirmative (22%) and emotionally evaluative (22%), the least – appellative (1.5%). The results of the quantitative and statistical analysis demonstrated the dynamics of the functioning of the unarticulated sentences in the works of different periods of I. Franko's work. Unarticulated sentences are more characteristic of characters' speech, which is a reproduction of the process of live communication.

THE IMPORTANCE OF THE FIGURE OF ROMAN INGARDEN FOR THE PHILOSOPHICAL AND ARTISTIC ENVIRONMENT OF INTERWAR PERIOD IN LVIV (1925–1944)

Olha Mukha

Doctor of Philosophy, Associate Professor, Head of the Information and Education Department Memorial Museum «Territory of Terror» (Lviv, Ukraine)

ORCID ID: 0000-0001-8823-0510

Anotation. The article presents the main stages of Roman Ingarden's life and professional events in Lviv and introduces the figures and trends that shaped his professional style of philosophizing, and later left their mark on his students, participants in his seminars and the Lviv School of philosophy in general, from the historical, philosophical, and cultural perspective. The main aim is to supplement historical knowledge with an emphasis on hitherto unknown factual data and to recreate the contemporary context of the philosophical and cultural environment.
Keywords: The article presents the main stages of Roman Ingarden's life and professional events in Lviv and introduces the figures and trends that shaped his professional style of philosophizing, and later left their mark on his students, participants in his seminars and the Lviv School of philosophy in general, from the historical, philosophical, and cultural perspective. The main aim is to supplement historical knowledge with an emphasis on hitherto unknown factual data and to recreate the contemporary context of the philosophical and cultural environment.

THE USE OF MULTILEVEL LINGUISTIC MEANS OF THE VERBALIZATION OF THE ASSESSMENT OF THE SPANISH IMAGE IN ENGLISH AND RUSSIAN (CONTRASTIVE ASPECT)

Nataliia Turchaninova

Postgraduate Student at the Department of Slavic Languages, Foreign Philology Faculty, National Pedagogical Dragomanov University (Kyiv, Ukraine)

ORCID ID: 0000-0003-0987-6474

Anotation. The article deals with the verbalization of the assessment of the Spanish image during the Spanish revolution 1936–1939, multilevel linguostylistical means of realization, types and main functions in the fiction novels of the American writer E. Hemingway “For whom the bell tolls” and the Soviet publicist M. Koltsov “Spanish diary”. Nowadays it is hard to imagine intercultural dialogue regardless of assessment of one nations by others for the process of assessment involves mental comprehension and assessment of ‘strange’ through the prism of one’s own ethnonational features and characteristics. The literature review and analysis have been held where the category of assessment is studied in different aspects together with the theoretical basics of this linguistic category. The study of main linguistic means of realization of the category of assessment of the Spanish image in the English and Russian texts in a contrastive aspect has been done. In the process of the investigation a descriptive method, a method of linguistic interpretation, a quantitative and contrastive methods have been used. The main linguistic means of verbalizing the assessment of the image of Spain have been identified and grouped.
Keywords: The article deals with the verbalization of the assessment of the Spanish image during the Spanish revolution 1936–1939, multilevel linguostylistical means of realization, types and main functions in the fiction novels of the American writer E. Hemingway “For whom the bell tolls” and the Soviet publicist M. Koltsov “Spanish diary”. Nowadays it is hard to imagine intercultural dialogue regardless of assessment of one nations by others for the process of assessment involves mental comprehension and assessment of ‘strange’ through the prism of one’s own ethnonational features and characteristics. The literature review and analysis have been held where the category of assessment is studied in different aspects together with the theoretical basics of this linguistic category. The study of main linguistic means of realization of the category of assessment of the Spanish image in the English and Russian texts in a contrastive aspect has been done. In the process of the investigation a descriptive method, a method of linguistic interpretation, a quantitative and contrastive methods have been used. The main linguistic means of verbalizing the assessment of the image of Spain have been identified and grouped.

GERMAN PHRASEOLOGICAL UNITS (CHRONONYM) AND THEIR REPRODUCTION IN THE UKRAINIAN LANGUAGE

Zinaida Chepurna

Senior Teacher at the Department of Theory, Practice and Translation for German National Technical University of Ukraine “Ihor Sikorsky Kyiv Polytechnic Institute” (Kyiv, Ukraine)

ORCID ID: 0000-0002-5133-7629

Anotation. The pursuit of translation accuracy should not be reduced to tracing, since tracing and literal translation provoke the distortion of the content of the phraseology and lead to the loss of its originality, authenticity. When working with translation, their main content cannot be translated without taking into account the form, because the very form of the phraseological unit also has a certain color and carries certain information and often determines it. The information contained in the phraseology is sometimes perceived only through the form itself. There is no doubt that the practice of translation studies and a detailed analysis of existing translations will be able to reveal a large number of correct and incorrect options. The article is an attempt to study the complex problems associated with the translation of German idioms in Ukrainian language, there are ways to translate of the hrononim intoUkrainian. The goal is to explore the possibility of playing with idioms and hrononims as one of the sub-system phraseology German Ukrainian. Translating idioms associated with serious difficulties, so it is particularly important that the translator knew the basic types of idiomatic equivalents and methods of their use. In the German calendar important are religious holidays, as reflected in the language. The names of religious holidays are part of much phraseology. Onomastics components have not only a function of the hrononim, but have semantic transformations based on metaphorical transfer of the saint or feast. Authentic translation of phraseological units causes significant difficulties, as they are characterized by colloquial coloring, aphorism, imagery, laconicism. The use of phraseological units is characteristic both for fiction and journalism, and for live broadcasting.
Keywords: The pursuit of translation accuracy should not be reduced to tracing, since tracing and literal translation provoke the distortion of the content of the phraseology and lead to the loss of its originality, authenticity. When working with translation, their main content cannot be translated without taking into account the form, because the very form of the phraseological unit also has a certain color and carries certain information and often determines it. The information contained in the phraseology is sometimes perceived only through the form itself. There is no doubt that the practice of translation studies and a detailed analysis of existing translations will be able to reveal a large number of correct and incorrect options. The article is an attempt to study the complex problems associated with the translation of German idioms in Ukrainian language, there are ways to translate of the hrononim intoUkrainian. The goal is to explore the possibility of playing with idioms and hrononims as one of the sub-system phraseology German Ukrainian. Translating idioms associated with serious difficulties, so it is particularly important that the translator knew the basic types of idiomatic equivalents and methods of their use. In the German calendar important are religious holidays, as reflected in the language. The names of religious holidays are part of much phraseology. Onomastics components have not only a function of the hrononim, but have semantic transformations based on metaphorical transfer of the saint or feast. Authentic translation of phraseological units causes significant difficulties, as they are characterized by colloquial coloring, aphorism, imagery, laconicism. The use of phraseological units is characteristic both for fiction and journalism, and for live broadcasting.

LEXICO-SEMANTIC CHARACTERISTICS OF THE UKRAINIAN TERM SYSTEM OF GENDER LINGUISTICS (BASED ON THE ANALYTICAL CONSTRUCTIONS CONTENT)

Oksana Chuieshkova

Candidate of Filology Science, Assistant Professor, Associate Professor of Local History and Tourism, Social Sciences and Humanities Ukrainian Engineering Pedagogics Academy (Kharkiv, Ukraine)

ORCID ID: 0000-0002-7995-6608

Anotation. The article deals with the consideration of the structural and semantic parameters of the analytical terms of the Ukrainian term system of gender linguistics. It is emphasized that the analysed terminology system, being at the intersection of linguistics and gender studies as an interdisciplinary scientific direction, is actively developing, involving term units of these scientific fields to its structure. It is emphasized that all analytical terms are characterized by stability, reproducibility and semantic integrity, as they are the expression of a single, well-researched scientific concept, but the degree of semantic integrity depends on the lexicalsubsystem to which their components belong. The classification of terminological phrases according to the degree of semantic integrity based on the “term – non-term” opposition is proposed, two groups are distinguished. The first one includes terms that have a lower degree of semantic integrity, are characterized by formal decomposability and externally resemble free word combinations; all components of such term units are used in the terminological sense. A higher degree of semantic integritybelongs to the second group, represented by term combinations in which one or more components are terms, and the rest components are borrowed from other lexical subsystems.
Keywords: The article deals with the consideration of the structural and semantic parameters of the analytical terms of the Ukrainian term system of gender linguistics. It is emphasized that the analysed terminology system, being at the intersection of linguistics and gender studies as an interdisciplinary scientific direction, is actively developing, involving term units of these scientific fields to its structure. It is emphasized that all analytical terms are characterized by stability, reproducibility and semantic integrity, as they are the expression of a single, well-researched scientific concept, but the degree of semantic integrity depends on the lexicalsubsystem to which their components belong. The classification of terminological phrases according to the degree of semantic integrity based on the “term – non-term” opposition is proposed, two groups are distinguished. The first one includes terms that have a lower degree of semantic integrity, are characterized by formal decomposability and externally resemble free word combinations; all components of such term units are used in the terminological sense. A higher degree of semantic integritybelongs to the second group, represented by term combinations in which one or more components are terms, and the rest components are borrowed from other lexical subsystems.

SPECIFICS AND TRENDS OF BROADCASTING CULTURAL AND ARTISTIC TOPICS ON UKRAINIAN TELEVISION

Anastasiya Lytvynenko, Alina Mysechko

Anastasiya Lytvynenko, Candidate of Science in Social Communications, Assistant of the Educational and Scientific Institute of Journalism, Taras Shevchenko National University of Kyiv (Kyiv, Ukraine)
Alina Mysechko, Candidate of Science in Social Communications, Lecturer of the Educational and Scientific Institute of Journalism, Taras Shevchenko National University of Kyiv (Kyiv, Ukraine)

ORCID ID: 0000-0003-1375-5202; ORCID ID: 0000-0002-5103-8872

Anotation. The article reveals aspects of cultural and artistic news broadcasting on nationwide commercial Ukrainian TV channels in infotainment programs segment. It also investigates trends of culture and art events coverage at TV programs “Zhyttya vidomykh liudei” (“1+1” channel) and “Zirkovyi shlyach” (TV channel “Ukraine”). Method of survey gives possibility to show audience preferences and requests about cultural and art topics. Detailed content analysis of TV programs, issued during 2019–2022 is strengthened by comparison method and reveals what is common and what is different in the content, genre features, form, timing of the plots about theater, cinema, showbiz etc. Thus, the research gives understanding for its readers, what has changed for the last three years in the sphere of broadcasting cultural and artistic events, highlights specifics of covering this type of news on TV and analyzes the newest trends in the investigated field.
Keywords: The article reveals aspects of cultural and artistic news broadcasting on nationwide commercial Ukrainian TV channels in infotainment programs segment. It also investigates trends of culture and art events coverage at TV programs “Zhyttya vidomykh liudei” (“1+1” channel) and “Zirkovyi shlyach” (TV channel “Ukraine”). Method of survey gives possibility to show audience preferences and requests about cultural and art topics. Detailed content analysis of TV programs, issued during 2019–2022 is strengthened by comparison method and reveals what is common and what is different in the content, genre features, form, timing of the plots about theater, cinema, showbiz etc. Thus, the research gives understanding for its readers, what has changed for the last three years in the sphere of broadcasting cultural and artistic events, highlights specifics of covering this type of news on TV and analyzes the newest trends in the investigated field.

MEDIATIZATION AS AN ELEMENT OF THE MECHANISM OF BRAND ORIENTED MANAGEMENT OF HIGHER EDUCATION IN UKRAINE

Anna Volosheniuk

Postgraduate student of the Department of Social and Humanitarian Sciences Educational and Scientific Institute of Public Service and Management Odesa National Polytechnic University (Odesa, Ukraine)

ORCID ID: 0000-0002-4528-3767

Anotation. The article discusses the principles of formation and implementation of branding of higher education institutions in the context of mediatization. The reasons that determine the need for branding, the role and place of the process of marketization and mediatization in the system of higher education are determined. The features of communication of the educational and media environment are reflected. Channels and models of communication are presented. The difference between internal and external mediatization as an element of the brand mechanism in the higher education system is revealed.
Keywords: The article discusses the principles of formation and implementation of branding of higher education institutions in the context of mediatization. The reasons that determine the need for branding, the role and place of the process of marketization and mediatization in the system of higher education are determined. The features of communication of the educational and media environment are reflected. Channels and models of communication are presented. The difference between internal and external mediatization as an element of the brand mechanism in the higher education system is revealed.

ADMINISTRATIVELY-LEGAL SUPPORT OF EXECUTIVE GOVERNMENT BODIES AND LOCAL GOVERNMENT BODIES COMPETENCIES

Vitaliy Deneha

Deputy Mayor for the Activities of the Council's Executive Bodies Yavoriv city council of Lviv region, Postgraduate Student of the Lviv Regional Institute of Public Administration of the National Academy of Public Administration under the President of Ukraine (Lviv, Ukraine)

ORCID ID: 0000-0001-5217-2486

Anotation. The regulatory and legal principles of the formation of the competence of state authorities and local selfgovernment in Ukraine have been studied. The contents of the key laws of Ukraine regarding local self-government bodies and modern concepts of their activities are revealed. It was found that there is no unified conceptual vision of the status, competencies, and responsibilities of local self-government bodies in Ukraine. It has been established that the legal framework for the functioning and development of local self-government bodies in Ukraine is formed from regulatory acts of different levels. It is noted that the regulatory and legal support for the activities of local self-government bodies needs improvement, in particular by finding effective and rational means of managerial influence on their functioning. These include the improvement of the competent regulatory and legal framework for the activities of local self-government entities, which will contribute to the satisfaction of the economic, political, and social needs of people, and the creation of conditions for their harmonious development.
Keywords: The regulatory and legal principles of the formation of the competence of state authorities and local selfgovernment in Ukraine have been studied. The contents of the key laws of Ukraine regarding local self-government bodies and modern concepts of their activities are revealed. It was found that there is no unified conceptual vision of the status, competencies, and responsibilities of local self-government bodies in Ukraine. It has been established that the legal framework for the functioning and development of local self-government bodies in Ukraine is formed from regulatory acts of different levels. It is noted that the regulatory and legal support for the activities of local self-government bodies needs improvement, in particular by finding effective and rational means of managerial influence on their functioning. These include the improvement of the competent regulatory and legal framework for the activities of local self-government entities, which will contribute to the satisfaction of the economic, political, and social needs of people, and the creation of conditions for their harmonious development.

THE ROLE OF SITUATIONAL MARKETING IN THE CONTENT STRATEGY OF LIBRARIES

Nadiya Maranchak

Senior Lecturer at the Department of Computer Science Kyiv National University of Culture and Arts (Kyiv, Ukraine)

ORCID ID: 0000-0002-1772-1854

Anotation. In this study, the expediency of using situational marketing as a promising component of the content strategy of libraries is substantiated by determining the specifics of its effective implementation. On the basis of theoretical analysis, the essence and principles of using this tool in the context of its implementation in the content strategy of libraries are clarified and characterized, among which: increasing the activity of libraries in the information space, constant operational use of trends and information guides of social networks, as well as artistic playing and adaptation of content relevant to users, which can bring the library to a new level of recognition and will lead to improved marketing statistics and overall performance of official library accounts in interaction with target audiences. The author of the article conducted a selective search and definition of situational content on the pages of libraries in social networks and provides examples of publications by libraries of Ukraine of situational content, which confirm the relevance of using this tool in promoting libraries. The most common formats of situational marketing presentation, which can be used by libraries in working with informational occasions, are highlighted.
Keywords: In this study, the expediency of using situational marketing as a promising component of the content strategy of libraries is substantiated by determining the specifics of its effective implementation. On the basis of theoretical analysis, the essence and principles of using this tool in the context of its implementation in the content strategy of libraries are clarified and characterized, among which: increasing the activity of libraries in the information space, constant operational use of trends and information guides of social networks, as well as artistic playing and adaptation of content relevant to users, which can bring the library to a new level of recognition and will lead to improved marketing statistics and overall performance of official library accounts in interaction with target audiences. The author of the article conducted a selective search and definition of situational content on the pages of libraries in social networks and provides examples of publications by libraries of Ukraine of situational content, which confirm the relevance of using this tool in promoting libraries. The most common formats of situational marketing presentation, which can be used by libraries in working with informational occasions, are highlighted.

THE ROLE AND PLACE OF REPRESENTATIVES OF PUBLIC ASSOCIATIONS IN THE ACTIVITIES OF THE NATIONAL PREVENTIVE MECHANISM OF UKRAINE

Pavlo Garasim

Candidate of Law, Doctoral Student of the Department of Criminal Law and Procedure Lviv Polytechnic National University (Lviv, Ukraine)

ORCID ID: 0000-0002-0336-4710

Anotation. The article clarifies the content of the legal mechanism and the effectiveness of its implementation in the field of execution of punishments and probation, which relates to public participation in the activities of the National Preventive Mechanism of Ukraine, as well as established in this connection the existing problems and developed the author's scientifically based ways of solving them essentially In particular, the fact that, despite the presence of the National Preventive Mechanism in Ukraine, other forms and types of public control over the execution process – the serving of punishments, according to the results of the annual special reports of the Commissioner of the Verkhovna Rada of Ukraine on Human Rights and the results of public monitoring, there was no not a single criminal proceeding has been instituted on the facts of torture or inhumane treatment of prisoners in custody and convicts by the personnel of the bodies and institutions for the execution of punishments, which, in particular, foreign experts are paying attention to.
Keywords: The article clarifies the content of the legal mechanism and the effectiveness of its implementation in the field of execution of punishments and probation, which relates to public participation in the activities of the National Preventive Mechanism of Ukraine, as well as established in this connection the existing problems and developed the author's scientifically based ways of solving them essentially In particular, the fact that, despite the presence of the National Preventive Mechanism in Ukraine, other forms and types of public control over the execution process – the serving of punishments, according to the results of the annual special reports of the Commissioner of the Verkhovna Rada of Ukraine on Human Rights and the results of public monitoring, there was no not a single criminal proceeding has been instituted on the facts of torture or inhumane treatment of prisoners in custody and convicts by the personnel of the bodies and institutions for the execution of punishments, which, in particular, foreign experts are paying attention to.

IMPLEMENTATION OF ECTHR DECISIONS IN UKRAINE: INTERNATIONAL LEGAL DIMENSION

Mykhailo Darmin

Postgraduate Student State Educational Institution “Uzhgorod National University” (Uzhgorod, Ukraine)

ORCID ID: 0000-0002-4241-7694

Anotation. In the article, the author summarizes that when researching international judicial institutions in general and the ECtHR in particular, experts in international law often formulate those issues that need to be resolved – in the opinion of these scientists – at the national level. In relation to the implementation of ECtHR decisions in Ukraine, this is a question of defining the term “decision” of this court; insufficient attention to how the ECtHR interprets this or that principle of the law of the Council of Europe, which is also present in the Constitution of Ukraine of 1996, as well as the existence of a special procedure for the execution of decisions of the ECtHR, which differs from the procedure for the execution of decisions of national courts. The article summarizes that Ukrainian specialists in international law have not studied the issue of implementation of ECtHR decisions for a long time at the monographic level (an exception is the work analyzed in the article by L.V. Pastuhova on the topic “Effectiveness of international legal means of ensuring the implementation of the Convention on the Protection of Rights and Fundamental Freedoms of a person” in 2003).
Keywords: In the article, the author summarizes that when researching international judicial institutions in general and the ECtHR in particular, experts in international law often formulate those issues that need to be resolved – in the opinion of these scientists – at the national level. In relation to the implementation of ECtHR decisions in Ukraine, this is a question of defining the term “decision” of this court; insufficient attention to how the ECtHR interprets this or that principle of the law of the Council of Europe, which is also present in the Constitution of Ukraine of 1996, as well as the existence of a special procedure for the execution of decisions of the ECtHR, which differs from the procedure for the execution of decisions of national courts. The article summarizes that Ukrainian specialists in international law have not studied the issue of implementation of ECtHR decisions for a long time at the monographic level (an exception is the work analyzed in the article by L.V. Pastuhova on the topic “Effectiveness of international legal means of ensuring the implementation of the Convention on the Protection of Rights and Fundamental Freedoms of a person” in 2003).

Olga Zinsu

Postgraduate Student at the Department of Doctoral and Postgraduate School National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0003-3801-6203

Anotation. The relevance of the research topic is determined by the increase interest in the problem of domestic violence and the need for study public opinion on this issue. The scientific article presents the results conducted theoretical and empirical research. Methodological the toolkit was made up of scientific concepts of domestic and foreign scientists about domestic violence as a phenomenon and illegal act. In process methods of theoretical and empirical level were used for scientific research scientific knowledge, which gave the research results complexity and complementarity. At the theoretical level, such methods were used as: analysis, synthesis, generalization, systematization, modeling. Empirically levels- conversation, observation, questionnaire, quantitative and qualitative analysis received data. According to the results of the research, it was found out that it is preferable part of all respondents (70.0%) adheres to the position of «accusation victim», who endures bullying, aggression, violence from the offender. It is well-founded that domestic violence is a complex and profound polyphonic conflict, the basis of which are social, economic, psychological factors. Prospects for further scientific research are related to studying the locus of control and coping strategies of victim behavior in victims domestic violence.
Keywords: The relevance of the research topic is determined by the increase interest in the problem of domestic violence and the need for study public opinion on this issue. The scientific article presents the results conducted theoretical and empirical research. Methodological the toolkit was made up of scientific concepts of domestic and foreign scientists about domestic violence as a phenomenon and illegal act. In process methods of theoretical and empirical level were used for scientific research scientific knowledge, which gave the research results complexity and complementarity. At the theoretical level, such methods were used as: analysis, synthesis, generalization, systematization, modeling. Empirically levels- conversation, observation, questionnaire, quantitative and qualitative analysis received data. According to the results of the research, it was found out that it is preferable part of all respondents (70.0%) adheres to the position of «accusation victim», who endures bullying, aggression, violence from the offender. It is well-founded that domestic violence is a complex and profound polyphonic conflict, the basis of which are social, economic, psychological factors. Prospects for further scientific research are related to studying the locus of control and coping strategies of victim behavior in victims domestic violence.

THE NATIONAL POLICE OF UKRAINE AS THE SUBJECT OF THE IMPLEMENTATION OF THE PREVENTIVE FUNCTION OF THE POWER: THE CONCEPT OF THE ADMINISTRATIVE LEGAL STATUS AND THE BASIC ELEMENTS

Ivan Ishchenko

Candidate of Law, Head of the Main Directorate of the National Police in Vinnytsia Region (Vinnytsia, Ukraine)

ORCID ID: 0000-0003-0873-5207

Anotation. Scientific articles clarify the scientific positions of scientists regarding the understanding and content of the administrative-legal status of public authorities and the National Police, in particular. The analysis of scientific positions of scientists provided an opportunity to consider the administrative-legal status of the National Police of Ukraine as a subject of implementation of the preventive function of the state, from the standpoint of the corresponding legal construction, which determines the appropriate hierarchical place in the system of public authorities and security and defense sector bodies, regulated by administrative by legal norms, the activity is aimed at the implementation of the preventive function of the state and is represented by structural elements – target, organizational and competent blocks, which collectively constitute a functional component, which the latter uses in the process of ensuring and protecting the rights and freedoms of man and citizen, public safety and order, as well as combating criminal offenses. The main elements of the administrative and legal status of the National Police of Ukraine as a subject of implementation of the preventive function of the state are highlighted, which are combined into the following blocks: 1) target (goals, tasks, functions); 2) structural and organizational (structure, order of interaction, external and internal connections); 3) competent; 4) responsibility.
Keywords: Scientific articles clarify the scientific positions of scientists regarding the understanding and content of the administrative-legal status of public authorities and the National Police, in particular. The analysis of scientific positions of scientists provided an opportunity to consider the administrative-legal status of the National Police of Ukraine as a subject of implementation of the preventive function of the state, from the standpoint of the corresponding legal construction, which determines the appropriate hierarchical place in the system of public authorities and security and defense sector bodies, regulated by administrative by legal norms, the activity is aimed at the implementation of the preventive function of the state and is represented by structural elements – target, organizational and competent blocks, which collectively constitute a functional component, which the latter uses in the process of ensuring and protecting the rights and freedoms of man and citizen, public safety and order, as well as combating criminal offenses. The main elements of the administrative and legal status of the National Police of Ukraine as a subject of implementation of the preventive function of the state are highlighted, which are combined into the following blocks: 1) target (goals, tasks, functions); 2) structural and organizational (structure, order of interaction, external and internal connections); 3) competent; 4) responsibility.

THE INCITEMENT OF RELIGIOUS ENMITY AND HATRED IS ONE OF THE THREATS TO THE NATIONAL SECURITY OF UKRAINE IN THE CONDITIONS OF MARTIAL LAW

Oleksandr Kolb

Doctor of Legal Sciences, Professor, Honored Lawyer of Ukraine, Head of the Working Group of Volunteers of the NGO «Union of Disabled People of Chornobyl Volyn» of the All-Ukrainian Public Organization of the Disabled «Chernobyl Union of Ukraine» (Lutsk, Ukraine)

ORCID ID: 0000-0003-1792-4739

Anotation. This scientific article analyzes the activities of some law enforcement agencies and religious organizations, which, in the conditions of the war of the Russian Federation against Ukraine, to a certain extent violates the natural right of citizens to freedom of religion, guaranteed at the legislative level, as well as the scientifically based measures proposed in this regard , aimed at solving the specified problem. In particular, it was established that some people's deputies and representatives of religious organizations, in violation of the Constitution of Ukraine and other normative legal acts that regulate the specified sphere of social relations, using the potential legal capabilities of individual law enforcement agencies, in the conditions of wartime in our country, commit various acts of intentional nature of inciting religious enmity and hatred, thus creating a real danger to the national security of Ukraine. In addition, it has been proven that such illegal activity creates an appropriate “evidence” base for the aggressor state, which it uses to justify its war in Ukraine in the international arena (UN, OSCE, “G-20”, etc.), appealing in in connection with this to the violation of the fundamental rights of a person and a citizen, enshrined in the norms of international law.
Keywords: This scientific article analyzes the activities of some law enforcement agencies and religious organizations, which, in the conditions of the war of the Russian Federation against Ukraine, to a certain extent violates the natural right of citizens to freedom of religion, guaranteed at the legislative level, as well as the scientifically based measures proposed in this regard , aimed at solving the specified problem. In particular, it was established that some people's deputies and representatives of religious organizations, in violation of the Constitution of Ukraine and other normative legal acts that regulate the specified sphere of social relations, using the potential legal capabilities of individual law enforcement agencies, in the conditions of wartime in our country, commit various acts of intentional nature of inciting religious enmity and hatred, thus creating a real danger to the national security of Ukraine. In addition, it has been proven that such illegal activity creates an appropriate “evidence” base for the aggressor state, which it uses to justify its war in Ukraine in the international arena (UN, OSCE, “G-20”, etc.), appealing in in connection with this to the violation of the fundamental rights of a person and a citizen, enshrined in the norms of international law.

CURRENT PROBLEMS OF ENSURING THE EFFICIENCY OF OBTAINING AND USING ELECTRONIC EVIDENCE DURING THE INVESTIGATION OF CYBER CRIMES. USA EXPERIENCE

Oleksandr Kolosov

Postgraduate Student at the Department of Criminal Justice Educational and Scientific Institute of Law of the State Tax University (Irpin, Ukraine)

ORCID ID: 0000-0003-0128-5565

Anotation. The article studies the actual problems of ensuring the efficiency of obtaining and using electronic evidence in the investigation of cybercrime. The study is based on the experience of the United States. The concepts, content and stages of digital forensics are investigated. The issues of admissibility of evidence based on the Daubert standard are considered. The issues of improving the collection and processing of digital evidence are considered, in particular, by creating File Toolkit for Selective Analysis Reconstruction (FileTSAR). Proposals have been formulated for: 1) defining the concept of electronic evidence and the criteria for their admissibility in the Criminal Procedure Code of Ukraine; 2) the need to use the experience of the United States in the development of an analogue of the File Toolkit for Selective Analysis Reconstruction FileTSAR that follows the Computer Forensics Field Triage Process Model for the on-the-scene acquisition of probative data.
Keywords: The article studies the actual problems of ensuring the efficiency of obtaining and using electronic evidence in the investigation of cybercrime. The study is based on the experience of the United States. The concepts, content and stages of digital forensics are investigated. The issues of admissibility of evidence based on the Daubert standard are considered. The issues of improving the collection and processing of digital evidence are considered, in particular, by creating File Toolkit for Selective Analysis Reconstruction (FileTSAR). Proposals have been formulated for: 1) defining the concept of electronic evidence and the criteria for their admissibility in the Criminal Procedure Code of Ukraine; 2) the need to use the experience of the United States in the development of an analogue of the File Toolkit for Selective Analysis Reconstruction FileTSAR that follows the Computer Forensics Field Triage Process Model for the on-the-scene acquisition of probative data.

CONCEPT AND ESSENCE OF PROCEDURES FOR PRE-COURT SETTLEMENT OF ADMINISTRATIVE AND LEGAL DISPUTES

Ihor Kritsak

Postgraduate Student at the Department of Administrative and Economic Law Zaporizhia National University (Zaporizhzhya, Ukraine)

ORCID ID: 0009-0006-4996-8989

Anotation. In the article, a legal analysis of the concept, content and types of administrative procedures was carried out, the essence of the procedures for pre-trial settlement of administrative-legal disputes was clarified, and the types of such procedures were distinguished. As a result of the study, it was established that the administrative procedure should be understood as the activity of a subject of power or a person authorized by him to ensure the realization of the rights of citizens by applying to the latter, or activity at the initiative of a subject of power is aimed at ensuring the establishment of the legality of activity in a certain sphere or industry and bringing persons to justice. The following types of pre-trial settlement of administrative-legal disputes are distinguished: general administrative procedure, which is regulated by the general Law “On Appeals of Citizens” and the special Law “On Administrative Procedures”; a general non-administrative procedure for applying to a mediator and with his participation, which is regulated by the Law “On Mediation”; a special administrative procedure for out-of-court appeal of decisions in cases of administrative offenses, regulated by the Criminal Procedure Code, the Customs and Tax Codes of Ukraine; their content is disclosed.
Keywords: In the article, a legal analysis of the concept, content and types of administrative procedures was carried out, the essence of the procedures for pre-trial settlement of administrative-legal disputes was clarified, and the types of such procedures were distinguished. As a result of the study, it was established that the administrative procedure should be understood as the activity of a subject of power or a person authorized by him to ensure the realization of the rights of citizens by applying to the latter, or activity at the initiative of a subject of power is aimed at ensuring the establishment of the legality of activity in a certain sphere or industry and bringing persons to justice. The following types of pre-trial settlement of administrative-legal disputes are distinguished: general administrative procedure, which is regulated by the general Law “On Appeals of Citizens” and the special Law “On Administrative Procedures”; a general non-administrative procedure for applying to a mediator and with his participation, which is regulated by the Law “On Mediation”; a special administrative procedure for out-of-court appeal of decisions in cases of administrative offenses, regulated by the Criminal Procedure Code, the Customs and Tax Codes of Ukraine; their content is disclosed.

SPECIFICS OF RESTRICTION AND DEPRIVATION OF PROPERTY RIGHTS DURING CRIMINAL PROCEEDINGS

Viktoriia Markelova

Postgraduate Student at the Department of Criminal Procedure and Criminology Academy of Advocacy of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0002-7927-0374

Anotation. The issue of respect for human rights and freedoms during criminal proceedings has been investigated. The legal basis for the admissibility of limiting constitutional human rights has been determined. Based on the analysis of the criminal procedural legislation of Ukraine, the issue of restriction and deprivation of property rights was investigated, the results of the case law of the European Court of Human Rights on this issue were analyzed. Procedural actions during which the ownership is most limited are singled out. The stages of confiscation procedure during criminal proceedings are disclosed. The mechanism of application of special confiscation, which includes special methods and procedure of legal regulation, which are determined by the relevant features of both criminal and criminal procedural legislation, is singled out. Emphasis is placed on the differences between confiscation and special confiscation. The author analyzes the court practice in criminal proceedings on the application of special confiscation and its evolution under martial law.
Keywords: The issue of respect for human rights and freedoms during criminal proceedings has been investigated. The legal basis for the admissibility of limiting constitutional human rights has been determined. Based on the analysis of the criminal procedural legislation of Ukraine, the issue of restriction and deprivation of property rights was investigated, the results of the case law of the European Court of Human Rights on this issue were analyzed. Procedural actions during which the ownership is most limited are singled out. The stages of confiscation procedure during criminal proceedings are disclosed. The mechanism of application of special confiscation, which includes special methods and procedure of legal regulation, which are determined by the relevant features of both criminal and criminal procedural legislation, is singled out. Emphasis is placed on the differences between confiscation and special confiscation. The author analyzes the court practice in criminal proceedings on the application of special confiscation and its evolution under martial law.

SPECIFICS OF BAIL APPLICATION DURING CRIMINAL PROCEEDINGS IN FOREIGN COUNTRIES

Viktor Nazarov, Alexey Sitailo

Viktor Nazarov, Doctor of Law, Professor, Professor of the Department of Criminal Procedure and Criminalistics of the Academy of Advocacy of Ukraine (Kyiv, Ukraine)
Alexey Sitailo, Candidate of Law, Chairman of the Seredyna-Buda District Court of Sumy Region (Seredyna-Buda, Ukraine)

ORCID ID: 0000-0002-3725-7745; ORCID ID: 0000-0003-4600-9708

Anotation. The author examines the institution of bail in criminal proceedings and its procedural regulation. It is proved that this measure of coercion is applied by an entity on behalf of the government which is authorized to exercise power, and therefore has a public nature. It is noted that this measure is primarily associated with certain legal restrictions in the area of material interests of a person, and the application of sanctions established by criminal procedural rules aimed at fulfilling a number of procedural obligations. A comparative legal study of the procedural mechanism of bail application in post-Soviet countries, some countries of the European Union, the USA and England is carried out. It is proved that the criminal procedure legislation of post- Soviet countries has both common and distinctive trends in the development of the bail institution, understanding of this concept, grounds and procedure for its application, the subject matter of bail, the subjects applying this measure of restraint, identification of pledgers, peculiarities of bail return, etc. The author emphasizes both positive aspects of post-Soviet countries' legislation on the application of bail and negative aspects which affect the regulation, practice and dynamics of bail application by public authorities.
Keywords: The author examines the institution of bail in criminal proceedings and its procedural regulation. It is proved that this measure of coercion is applied by an entity on behalf of the government which is authorized to exercise power, and therefore has a public nature. It is noted that this measure is primarily associated with certain legal restrictions in the area of material interests of a person, and the application of sanctions established by criminal procedural rules aimed at fulfilling a number of procedural obligations. A comparative legal study of the procedural mechanism of bail application in post-Soviet countries, some countries of the European Union, the USA and England is carried out. It is proved that the criminal procedure legislation of post- Soviet countries has both common and distinctive trends in the development of the bail institution, understanding of this concept, grounds and procedure for its application, the subject matter of bail, the subjects applying this measure of restraint, identification of pledgers, peculiarities of bail return, etc. The author emphasizes both positive aspects of post-Soviet countries' legislation on the application of bail and negative aspects which affect the regulation, practice and dynamics of bail application by public authorities.

REGULATORY AND LEGAL BASIS OF THE IMPLEMENTATION OF THE ADMINISTRATIVE AND LEGAL MECHANISM FOR ENSURING THE NATIONAL SECURITY OF UKRAINE IN THE CONDITIONS OF EUROPEAN INTEGRATION

Iryna Nakonechna

Candidate of Legal Sciences, Associate Professor, Professor of the Department of General Legal Disciplines National Academy of the Security Service of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0001-9405-4621

Anotation. The article is devoted to the disclosure of varieties of administrative procedures for ensuring national security in the context of European integration. It has been established that organizational (intrasystem) administrative procedures are designed to establish efficiency, consistency, responsibility and accountability. Examples of an administrative organizational procedure are information and analytical procedures for ensuring national security in the context of European integration. The type of administrative non-organizational procedures for ensuring national security in the conditions of European integration is permitting procedures. Such procedures as communication and control and supervision are characterized as those that can have a mixed functional orientation. In particular, communication procedures are designed to create a feedback between interacting subjects, and control and supervisory procedures are designed to maintain the rule of law in this are a.
Keywords: The article is devoted to the disclosure of varieties of administrative procedures for ensuring national security in the context of European integration. It has been established that organizational (intrasystem) administrative procedures are designed to establish efficiency, consistency, responsibility and accountability. Examples of an administrative organizational procedure are information and analytical procedures for ensuring national security in the context of European integration. The type of administrative non-organizational procedures for ensuring national security in the conditions of European integration is permitting procedures. Such procedures as communication and control and supervision are characterized as those that can have a mixed functional orientation. In particular, communication procedures are designed to create a feedback between interacting subjects, and control and supervisory procedures are designed to maintain the rule of law in this are a.

COURT PRECEDENT AS A SOURCE OF CRIMINAL LAW POLICY IN UKRAINE

Oleksandr Ostrohliad

Ph.D in Law, Associate Professor of Law and Law enforcement activity Department, State University “Zhytomyr Polytechnic”, Professor of Law and Public Management Department, Higher Education Institution “King Danylo University” (Ivano-Frankivsk, Ukraine)

ORCID ID: 0000-0003-0003-3075

Anotation. In the article, based on the theoretical analysis of the concepts of “criminal legal policy”, “source of law” and “judicial precedent”, as well as practical decisions of the Constitutional Court of Ukraine, the Supreme Court and the European Court of Human Rights, the expediency of understanding judicial precedent as a source of law in general and criminal enforcement policy in particular. On the basis of comparative and comparative legal methods, it was established that in recent years there has been a gradual abandonment of the normativist approach in understanding the sources of law, and as a result, legislators and representatives of judicial authorities use the results of judicial lawmaking in practical activities, thus eliminating certain inaccuracies in the norms of law . In the Ukrainian criminalexecutive policy, it seems promising to use judicial precedent both to solve individual issues and to improve current legislation, regulate social relations, and even develop the legal culture of the population. It also seems promising to expand the list of sources of judicial precedent, which are used in the study to determine the decision of the Constitutional Court of Ukraine, the Resolution of the Plenum of the Supreme Court of Ukraine, as well as the decision of the European Court of Human Rights.
Keywords: In the article, based on the theoretical analysis of the concepts of “criminal legal policy”, “source of law” and “judicial precedent”, as well as practical decisions of the Constitutional Court of Ukraine, the Supreme Court and the European Court of Human Rights, the expediency of understanding judicial precedent as a source of law in general and criminal enforcement policy in particular. On the basis of comparative and comparative legal methods, it was established that in recent years there has been a gradual abandonment of the normativist approach in understanding the sources of law, and as a result, legislators and representatives of judicial authorities use the results of judicial lawmaking in practical activities, thus eliminating certain inaccuracies in the norms of law . In the Ukrainian criminalexecutive policy, it seems promising to use judicial precedent both to solve individual issues and to improve current legislation, regulate social relations, and even develop the legal culture of the population. It also seems promising to expand the list of sources of judicial precedent, which are used in the study to determine the decision of the Constitutional Court of Ukraine, the Resolution of the Plenum of the Supreme Court of Ukraine, as well as the decision of the European Court of Human Rights.

LEGAL REGULATION OF THE CONCLUSION OF EMPLOYMENT CONTRACT ACCORDING TO THE CURRENT LEGISLATION OF UKRAINE

Olha Potopakhina

Candidate of Juridical Sciences, Associate Professor of the Department of Civil Law Disciplines Odessa I.I. Mechnikov National University (Odessa, Ukraine)

ORCID ID: 0009-0002-6321-7488

Anotation. The research article carries out a theoretical and legal study of the legal regulation of concluding an employment contract under the current legislation of Ukraine. The procedure for concluding an employment contract according to the current legislation of Ukraine is characterized. The changes in the legal regulation of the procedure for concluding an employment contract during the period of martial law in Ukraine, which were introduced by the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law” dated March 15, 2022. No. 2136-1X, etc., have been identified and analyzed. Based on the above, we can conclude that the procedure for concluding an employment contract should be considered as a procedure defined by law, consisting of certain consecutive actions of both the person entering the job and the employer. A clear legal regulation of this procedure, the rights and obligations of its participants ensures the normal functioning of labor relations and prevents the occurrence of labor disputes. The legal regulation of concluding an employment contract under the current Labor Code of Ukraine is imperfect, which is reflected in the insufficiently clear and consistent nature of such regulation.
Keywords: The research article carries out a theoretical and legal study of the legal regulation of concluding an employment contract under the current legislation of Ukraine. The procedure for concluding an employment contract according to the current legislation of Ukraine is characterized. The changes in the legal regulation of the procedure for concluding an employment contract during the period of martial law in Ukraine, which were introduced by the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law” dated March 15, 2022. No. 2136-1X, etc., have been identified and analyzed. Based on the above, we can conclude that the procedure for concluding an employment contract should be considered as a procedure defined by law, consisting of certain consecutive actions of both the person entering the job and the employer. A clear legal regulation of this procedure, the rights and obligations of its participants ensures the normal functioning of labor relations and prevents the occurrence of labor disputes. The legal regulation of concluding an employment contract under the current Labor Code of Ukraine is imperfect, which is reflected in the insufficiently clear and consistent nature of such regulation.

ADMINISTRATIVE PROCEDURES OF THE STATE MARKET SUPERVISION CARRIED OUT BY THE SECURITY SERVICE OF UKRAINE

Olena Ptukhina

Postgraduate Student at the Department of Organization of Educational and Scientific Training Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0001-7507-2023

Anotation. The scientific article examines the activities of the State Medical Service of Ukraine as the leading subject of state market supervision. The latter is considered from the standpoint of the activity of the State Medical Service of Ukraine regarding the adoption of restrictive (corrective) measures with relevant public information regarding products that, when used for their intended purpose or under reasonably foreseeable conditions and with proper installation and maintenance, pose a threat to public interests or which otherwise the method does not meet the established requirements. Taking into account the separate spheres of responsibility of the State Medical Service, as well as the established measures of market supervision, certain stages of the procedure of state market supervision are distinguished in the current legislation: 1) the stage of violation of market supervision; 2) direct implementation of market supervision and decision-making; 3) execution of decisions.
Keywords: The scientific article examines the activities of the State Medical Service of Ukraine as the leading subject of state market supervision. The latter is considered from the standpoint of the activity of the State Medical Service of Ukraine regarding the adoption of restrictive (corrective) measures with relevant public information regarding products that, when used for their intended purpose or under reasonably foreseeable conditions and with proper installation and maintenance, pose a threat to public interests or which otherwise the method does not meet the established requirements. Taking into account the separate spheres of responsibility of the State Medical Service, as well as the established measures of market supervision, certain stages of the procedure of state market supervision are distinguished in the current legislation: 1) the stage of violation of market supervision; 2) direct implementation of market supervision and decision-making; 3) execution of decisions.

HISTORICAL DEVELOPMENT OF THE MECHANISM OF OPERATIONAL AND INVESTIGATIVE SUPPORT OF CONDUCTING COVERT INVESTIGATIVE (SEARCH) ACTIONS

Artem Rоdyhin

Applicant at the Scientific Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-1609-4879

Anotation. The article signifies the historical stages, each of which is characterized by certain achievements from the point of view of the development of the mechanism of operational and investigative support of conducting covert investigative (search) actions, their legal, organizational and tactical content, from the formation of a primitive mechanism of direct use of the results of clandestine activities for the implementation of justice, without controlling, restraining fuses, to the radical c hange of criminal procedural legislation, consolidation of the system of covert actions (covert investigative (search) actions), which in fact ensured the merger of two separate types of state-authority activity until now: operativesearch activity and criminal-procedural activity, as a result of which the procedure for recording the progress and results of the covert investigative (search) actions is established by law, which ensures the use of documents, based on the results of their conducting (with appropriate support by the forces and means of the operative-search activity) when proving on the same grounds as the results of other investigative actions.
Keywords: The article signifies the historical stages, each of which is characterized by certain achievements from the point of view of the development of the mechanism of operational and investigative support of conducting covert investigative (search) actions, their legal, organizational and tactical content, from the formation of a primitive mechanism of direct use of the results of clandestine activities for the implementation of justice, without controlling, restraining fuses, to the radical c hange of criminal procedural legislation, consolidation of the system of covert actions (covert investigative (search) actions), which in fact ensured the merger of two separate types of state-authority activity until now: operativesearch activity and criminal-procedural activity, as a result of which the procedure for recording the progress and results of the covert investigative (search) actions is established by law, which ensures the use of documents, based on the results of their conducting (with appropriate support by the forces and means of the operative-search activity) when proving on the same grounds as the results of other investigative actions.

NOTARIAL ADMINISTRATION: CONCEPT AND SPECIFICS

Oleksandra Rudchenko

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

ORCID ID: 0000-0002-1218-8712

Anotation. The article analyzes the concepts and specifics of notarial administration in Ukraine, which were derived by combining the general principles of public administration and the peculiarities of the Ukrainian notary model. The main features that characterize notarial administration, as well as the purpose of notarial administration, are defined and disclosed. It is emphasized that the objects of notarial administration should include: 1) notarial actions; 2) registration actions, which consist in making entries in a book, journal, register, etc. for the purpose of accounting and confirmation of validity; 3) actions that are mandatory for a notary or other authorized person, which are carried out before the performance of a notarial act, and on the results of which its performance depends; 4) provision of consultations on matters of notarial acts. Along with this, each of the indicated areas of notary administration has a complex internal structure, which is reflected in the specifics of its implementation. The author focuses on the fact that notarial administration is: favorable (which is mediated by the specifics of the duties of a notary) and protective (which is mediated by the specifics of the purpose of the functioning of notarial and quasi-notarial bodies, as well as that which is associated with the provision of notarial services to individuals and legal entities by the subjects of notarial activity).
Keywords: The article analyzes the concepts and specifics of notarial administration in Ukraine, which were derived by combining the general principles of public administration and the peculiarities of the Ukrainian notary model. The main features that characterize notarial administration, as well as the purpose of notarial administration, are defined and disclosed. It is emphasized that the objects of notarial administration should include: 1) notarial actions; 2) registration actions, which consist in making entries in a book, journal, register, etc. for the purpose of accounting and confirmation of validity; 3) actions that are mandatory for a notary or other authorized person, which are carried out before the performance of a notarial act, and on the results of which its performance depends; 4) provision of consultations on matters of notarial acts. Along with this, each of the indicated areas of notary administration has a complex internal structure, which is reflected in the specifics of its implementation. The author focuses on the fact that notarial administration is: favorable (which is mediated by the specifics of the duties of a notary) and protective (which is mediated by the specifics of the purpose of the functioning of notarial and quasi-notarial bodies, as well as that which is associated with the provision of notarial services to individuals and legal entities by the subjects of notarial activity).

RIGHTS PROTECTION BY THE EUROPEAN COURT OF HUMAN RIGHTS IN THE SYSTEM OF JUDICIAL PROTECTION OF FAMILY RIGHTS AND LEGAL INTERESTS

Petro Saliuk

Postgraduate Student of Khmelnytskyi University of Management and Law named after Leonid Yuzkov (Khmelnytskyi, Ukraine)

ORCID ID: 0000-0002-9858-9356

Anotation. The research article examines the features of protection of family rights and interests by the European Court of Human Rights, determination of the place of protection of rights by the European Court of Human Rights in the system of judicial protection of family rights and legitimate interests. On the basis of the conducted scientific research, the author came to the conclusion that the protection of family rights and interests by the European Court of Human Rights is carried out in the context of consideration of violations of other rights provided for in the Convention on the Protection of Rights and Fundamental Freedoms (in particular, the right to respect for private and family life ; the right to a fair trial; the right to an effective method of legal protection) or in the context of solving the issue of the application of anti-discrimination norms. The application of this form of protection of family rights and interests and this international level is possible only after the person has used all the methods and means of protection provided for by law at the national level. The methods of protection of family rights and interests applied by the European Court of Human Rights require an interested person to apply to the Supreme Court with an application for review of the relevant court decision, i.e. the renewal of the violated right in the future actually takes place at the national level.
Keywords: The research article examines the features of protection of family rights and interests by the European Court of Human Rights, determination of the place of protection of rights by the European Court of Human Rights in the system of judicial protection of family rights and legitimate interests. On the basis of the conducted scientific research, the author came to the conclusion that the protection of family rights and interests by the European Court of Human Rights is carried out in the context of consideration of violations of other rights provided for in the Convention on the Protection of Rights and Fundamental Freedoms (in particular, the right to respect for private and family life ; the right to a fair trial; the right to an effective method of legal protection) or in the context of solving the issue of the application of anti-discrimination norms. The application of this form of protection of family rights and interests and this international level is possible only after the person has used all the methods and means of protection provided for by law at the national level. The methods of protection of family rights and interests applied by the European Court of Human Rights require an interested person to apply to the Supreme Court with an application for review of the relevant court decision, i.e. the renewal of the violated right in the future actually takes place at the national level.

PSYCHOLOGICAL FEATURES OF THE ACTIVITY OF THE FORENSIC EXPERT WITHIN THE CURRENT LEGISLATION OF UKRAINE

Dmytro Safiian

Postgraduate Student at the Department of General Psychology Donbas State Pedagogical University (Slovyansk, Ukraine)

ORCID ID: 0000-0002-2849-3885

Anotation. The article highlights the psychological features of a forensic expert in the course of his professional activity. Analysis of the psychological structure of a certain activity is a prerequisite for establishing such mental qualities that ensure the most successful implementation of this activity. In recent years, the psychological aspects of the investigator’s and judge’s work have been the subject of special training, but the psychological aspects of forensic expert activity in Ukraine have not yet been studied. Meanwhile, the conditions and nature of the activity of a forensic expert are significantly different from the activity of an investigator, judge, prosecutor and lawyer, although they have some common features. This is related to the place of the forensic examination in the criminal (civil) process. The purpose of the examination is not the investigation and administration of justice, but the discovery of new evidentiary facts as a result of the application of the expert’s special knowledge to the object of research. The special nature, the special purpose of the research performed by the forensic expert, the legal regulation of the grounds and procedure for their conduct distinguish forensic expert activity from other types of research work.
Keywords: The article highlights the psychological features of a forensic expert in the course of his professional activity. Analysis of the psychological structure of a certain activity is a prerequisite for establishing such mental qualities that ensure the most successful implementation of this activity. In recent years, the psychological aspects of the investigator’s and judge’s work have been the subject of special training, but the psychological aspects of forensic expert activity in Ukraine have not yet been studied. Meanwhile, the conditions and nature of the activity of a forensic expert are significantly different from the activity of an investigator, judge, prosecutor and lawyer, although they have some common features. This is related to the place of the forensic examination in the criminal (civil) process. The purpose of the examination is not the investigation and administration of justice, but the discovery of new evidentiary facts as a result of the application of the expert’s special knowledge to the object of research. The special nature, the special purpose of the research performed by the forensic expert, the legal regulation of the grounds and procedure for their conduct distinguish forensic expert activity from other types of research work.

GAPS AS A CAUSE OF DISAGREEMENTS IN LEGAL INTERPRETATION ACTIVITY

Vitaliy Seredyuk

Candidate of Legal Sciences, Associate Professor, Head of the territorial service center, № 8049 Regional Service Center of the Main service center of the Ministry of Internal Affairs in Kyiv (branch of the Main service center of the Ministry of Internal Affairs) (Kyiv, Ukraine)

ORCID ID: 0000-0002-2423-4931

Anotation. The article highlights the specifics of narrow and broad approaches to understanding the gap in legislative acts and its impact on the interpretation of legal norms. For the purpose of comprehensive analysis, a number of methods of scientific knowledge were used: induction and deduction, formal-logical method (dogmatic), comparative-legal. It was found that the causes of gaps in the legislation are both objective and subjective factors. Gaps are eliminated through the law-making and law-enforcement process. Subjects of law enforcement, filling in the missing normative prescription, often allow different interpretations of legal norms. Therefore, only the law-interpreting activity of higher courts can guarantee consistency in judicial practice. The author takes a broad approach to understanding gaps, distinguishing between gaps and axiological defects. The gap is connected with the lack of necessary prescriptions, legal institutions, non-adoption of regulatory legal acts to which there are references, contradictions, as well as ambiguity and uncertainty of legal norms.
Keywords: The article highlights the specifics of narrow and broad approaches to understanding the gap in legislative acts and its impact on the interpretation of legal norms. For the purpose of comprehensive analysis, a number of methods of scientific knowledge were used: induction and deduction, formal-logical method (dogmatic), comparative-legal. It was found that the causes of gaps in the legislation are both objective and subjective factors. Gaps are eliminated through the law-making and law-enforcement process. Subjects of law enforcement, filling in the missing normative prescription, often allow different interpretations of legal norms. Therefore, only the law-interpreting activity of higher courts can guarantee consistency in judicial practice. The author takes a broad approach to understanding gaps, distinguishing between gaps and axiological defects. The gap is connected with the lack of necessary prescriptions, legal institutions, non-adoption of regulatory legal acts to which there are references, contradictions, as well as ambiguity and uncertainty of legal norms.

PECULIARITIES OF CARRYING OUT ACTIVITIES FOR THE ADOPTION OF CHILDREN WHO ARE ABROAD UNDER MARTIAL LAW

Albina Solovei

Postgraduate Student of Khmelnytskyi University of Management and Law named after Leonid Yuzkov (Khmelnytskyi, Ukraine)

ORCID ID: 0000-0003-1337-1604

Anotation. In the scientific article, a study of the peculiarities of the adoption of children by citizens of Ukraine living abroad and foreigners under martial law was carried out. Based on the conducted scientific research, the author came to the conclusion regarding the restriction of adoption of children by citizens living abroad or by foreigners during the period of martial law, with the exception of the adoption of a child by her relative or a person who has already adopted her brother or sister; adoption of a child who met and established contact with the candidate for adoption. In all these cases, adoption of a child is possible after the child's return to the territory of Ukraine. Implementation of activities related to adoption, registration of children and candidates for adoption, supervision of adopted children in the case of their residence abroad did not undergo significant changes in connection with the introduction of martial law, except for the settlement of the issue if the move abroad was caused by the need to evacuate the child from combat zones. It is necessary to limit the possibility of adopting a child by citizens of Ukraine who live on the territory of the aggressor state, as well as by foreigners who are citizens of the aggressor state.
Keywords: In the scientific article, a study of the peculiarities of the adoption of children by citizens of Ukraine living abroad and foreigners under martial law was carried out. Based on the conducted scientific research, the author came to the conclusion regarding the restriction of adoption of children by citizens living abroad or by foreigners during the period of martial law, with the exception of the adoption of a child by her relative or a person who has already adopted her brother or sister; adoption of a child who met and established contact with the candidate for adoption. In all these cases, adoption of a child is possible after the child's return to the territory of Ukraine. Implementation of activities related to adoption, registration of children and candidates for adoption, supervision of adopted children in the case of their residence abroad did not undergo significant changes in connection with the introduction of martial law, except for the settlement of the issue if the move abroad was caused by the need to evacuate the child from combat zones. It is necessary to limit the possibility of adopting a child by citizens of Ukraine who live on the territory of the aggressor state, as well as by foreigners who are citizens of the aggressor state.

METHODS OF COMMITTING CRIMINAL OFFENSES IN THE SPHERE OF ECONOMIC ACTIVITY IN UKRAINE

Serhiy Trach

Candidate of Juridical Sciences, Associate Professor, Associate Professor of the Department of Criminal Procedure National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0000-0002-7548-1027

Anotation. The article found that the method of committing criminal offense in the sphere of economic activity is determined by a number of circumstances, in particular: the circumstances of committing criminal offense; its mode of operation, type of production, features of control and reporting; the availability of the criminal's direct powers, the possibility of committing specific criminal acts as a result of occupying a certain position; the features of the criminal's personal qualities; goals and motives for committing a criminal offense; the behaviour of other persons related to the criminal, the peculiarity of the relationship. It is found that criminal activity is carried out with the help of fictitious (offshore) firms (legal entities that have signs of fictitiousness, conversion centres) that are characterized by high technical security, using of modern means of obtaining data, the involvement of highly qualified specialists, the recruitment of bank employees or employment of “their” people in banking and non-banking financial institutions, constant search for new methods of committing criminal offenses, a high level of conspiracy, efficiency and flexibility, urgent reaction to identify gaps in bank protection, migration of illegal activities from one market to another.
Keywords: The article found that the method of committing criminal offense in the sphere of economic activity is determined by a number of circumstances, in particular: the circumstances of committing criminal offense; its mode of operation, type of production, features of control and reporting; the availability of the criminal's direct powers, the possibility of committing specific criminal acts as a result of occupying a certain position; the features of the criminal's personal qualities; goals and motives for committing a criminal offense; the behaviour of other persons related to the criminal, the peculiarity of the relationship. It is found that criminal activity is carried out with the help of fictitious (offshore) firms (legal entities that have signs of fictitiousness, conversion centres) that are characterized by high technical security, using of modern means of obtaining data, the involvement of highly qualified specialists, the recruitment of bank employees or employment of “their” people in banking and non-banking financial institutions, constant search for new methods of committing criminal offenses, a high level of conspiracy, efficiency and flexibility, urgent reaction to identify gaps in bank protection, migration of illegal activities from one market to another.

LEGAL REGULATION OF ENSURING PERSONAL SAFETY OF POLICE OFFICER

Oksana Shevchenko, Tikhin Shevchenko

Oksana Shevchenko, Adjunct at the Department of the Organization of Educational and Scientific Training Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)
Tikhin Shevchenko, Candidate of Law Sciences, Docent instructor of the Department of Tactical and Special Physical Training Kharkiv University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0003-0366-7217

Anotation. In the article, the concept of legal regulation of ensuring the personal safety of a police officer is formed, as well as the current state of legal regulation of ensuring the personal safety of a police officer in typical and extreme situations of official activity is reflected. The article provides an analysis of the regulatory and legal framework, a study of the terminological apparatus with an indication of the appropriate interpretation, as well as an analysis of the publication of domestic scientists that consider the personal safety of a police officer in official and extreme situations, its current state, existing problems and ways to solve them, as well as development prospects. On the basis of the conducted analysis, a classification of ensuring the personal safety of police officers in official and extreme situations is provided for the purpose of their further classification. The article provides meaningful conclusions and identifies further directions of scientific research.
Keywords: In the article, the concept of legal regulation of ensuring the personal safety of a police officer is formed, as well as the current state of legal regulation of ensuring the personal safety of a police officer in typical and extreme situations of official activity is reflected. The article provides an analysis of the regulatory and legal framework, a study of the terminological apparatus with an indication of the appropriate interpretation, as well as an analysis of the publication of domestic scientists that consider the personal safety of a police officer in official and extreme situations, its current state, existing problems and ways to solve them, as well as development prospects. On the basis of the conducted analysis, a classification of ensuring the personal safety of police officers in official and extreme situations is provided for the purpose of their further classification. The article provides meaningful conclusions and identifies further directions of scientific research.

PROSPECTS OF CRIMINAL LAW PROTECTION OF LAND RESOURCES OF UKRAINE IN THE CONDITIONS OF RUSSIAN MILITARY AGGRESSION

Andrii Shulha

Doctor of Law, Professor, Professor of the Department of Criminal Law and Criminology Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0003-3745-4869

Anotation. The article considers the current legal problems of land resources protection, taking into account their current state and existing realities. It is noted that land resources, acting as an object of legal relations, perform the following functions: a) political; b) economic; c) social. The methodological basis is the traditional provisions of the theory of knowledge as a general scientific fundamental means of knowing reality. Research methods were chosen taking into account the goal and tasks of the article. The main one used is the dialectical method, thanks to which the essence of the concepts characterizing the processes of formation, transformation and modern provision of the mechanism of criminal legal protection of land resources from socially dangerous encroachments was most fully clarified. The present state of the current criminal legislation in the field of protection of land resources of Ukraine in the conditions of unjustified military aggression by rusia is analyzed and its shortcomings are pointed out. A conclusion is made about the need to introduce an effective mechanism of criminal legal protection of Ukraine's land resources, including by strengthening the legal responsibility of persons guilty of committing land offenses in the conditions of rusian military aggression.
Keywords: The article considers the current legal problems of land resources protection, taking into account their current state and existing realities. It is noted that land resources, acting as an object of legal relations, perform the following functions: a) political; b) economic; c) social. The methodological basis is the traditional provisions of the theory of knowledge as a general scientific fundamental means of knowing reality. Research methods were chosen taking into account the goal and tasks of the article. The main one used is the dialectical method, thanks to which the essence of the concepts characterizing the processes of formation, transformation and modern provision of the mechanism of criminal legal protection of land resources from socially dangerous encroachments was most fully clarified. The present state of the current criminal legislation in the field of protection of land resources of Ukraine in the conditions of unjustified military aggression by rusia is analyzed and its shortcomings are pointed out. A conclusion is made about the need to introduce an effective mechanism of criminal legal protection of Ukraine's land resources, including by strengthening the legal responsibility of persons guilty of committing land offenses in the conditions of rusian military aggression.

THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS AND THE COMMITTEE ON COMPLIANCE WITH THE ORGUS CONVENTION ON THE PROTECTION OF THE RIGHT TO A HEALTHY ENVIRONMENT

Oleksandr Shulga

Postgraduate Student at the Department of Administrative and Economic Law Zaporizhzhya National University (Zaporizhzhya, Ukraine)

ORCID ID: 0009-0007-8974-3204

Anotation. The article examines the practice of the ECtHR and the Committee on Observance of the Aarhus Convention regarding the protection of the right to a healthy environment. It is indicated that the right to a healthy environment as such is not enshrined in the European Convention on Human Rights. Accordingly, environmental rights are considered indirectly, in fact through the interpretation of the Convention by the European Court of Human Rights, providing limited protection through already recognized human rights. It is stated that despite the fact that the European Convention on Human Rights does not enshrine any right to a healthy environment as such, the European Court of Human Rights has been called upon to develop its practice in environmental matters in view of the fact that the realization of some Convention rights may be undermined by the presence damage to the environment and the impact of environmental risks. It was concluded that the existence of environmental human rights is an indisputable fact. Such rights are enshrined in international treaties and within the national legislation of states. Within the framework of the Convention on the Protection of Human Rights and Fundamental Freedoms, environmental rights are not directly guaranteed, but the human rights enshrined in the Convention are a condition and guarantee for the observance of environmental rights through the interpretation of the rights guaranteed by the Convention.
Keywords: The article examines the practice of the ECtHR and the Committee on Observance of the Aarhus Convention regarding the protection of the right to a healthy environment. It is indicated that the right to a healthy environment as such is not enshrined in the European Convention on Human Rights. Accordingly, environmental rights are considered indirectly, in fact through the interpretation of the Convention by the European Court of Human Rights, providing limited protection through already recognized human rights. It is stated that despite the fact that the European Convention on Human Rights does not enshrine any right to a healthy environment as such, the European Court of Human Rights has been called upon to develop its practice in environmental matters in view of the fact that the realization of some Convention rights may be undermined by the presence damage to the environment and the impact of environmental risks. It was concluded that the existence of environmental human rights is an indisputable fact. Such rights are enshrined in international treaties and within the national legislation of states. Within the framework of the Convention on the Protection of Human Rights and Fundamental Freedoms, environmental rights are not directly guaranteed, but the human rights enshrined in the Convention are a condition and guarantee for the observance of environmental rights through the interpretation of the rights guaranteed by the Convention.

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