Journal №3/4 (27/28) / 2019|KELM

WYKAZ ZAŁĄCZONYCH PLIKÓW

THE CRIMINALISTICS CHARACTERISTICS OF A PERSON WHO IS SERVING SENTENCE AT THE PLACES OF DEPRIVATION OF LIBERTY IN UKRAINE

Oleg Batiuk

Candidate of Law Science, Associate Professor,
Professor of the Department of Criminal Law, Procedure and Criminalistics Kyiv Institute of Intellectual Property and Law,
‘Odessa Law Academy’ National University, (Kyiv, Ukraine)
batiukolegkiivponua@gmail.com
ORCID ID: 0000-0002-2291-4247
Anotation. In the provisions of the scientific article, the author analyzes the opinions of the criminalistics regarding the forensic characteristics of the persons, who committed the crime, on this basis, the author determines his own vision of the forensic characteristics of the person, who is serving the sentence in the places of deprivation of liberty. It is proposed by the author to include in the forensic characteristics of a person, who is serving a sentence in the places of the deprivation of liberty the following elements: the data that contain such socio-demographic features as social origin and status, marital status and position, national and professional affiliation, level of material security; the data that determine the level of intellectual development, educational and cultural level, knowledge, skills, abilities; the data which include moral qualities, value orientations and aspirations of the personality of human, his social positions and communications, interests, needs, inclinations, habits; the data that form mental processes, properties and states of personality; the data that consist of the social content and manifestation of such bio physiological features as gender, age, health status, features of the physical constitution, etc. According to the author of the article, the data about the personality of the convict, which is the forensic characteristics of the person, will serve as an element of the execution of the practical task of law enforcement agencies, regarding the prediction of the committing the crimes in the institutions of the execution of sentences of Ukraine.
Keywords: The criminalistics, the crime, the convict, the institutions of the execution of sentences, the investigation.

ABOUT SOME REGULARITY OF EMERGENCE OF LEGAL GAPS AND COLLISIONS IN THE CRIMINAL AND EXECUTIVE LEGISLATION OF UKRAINE

Dina Belkina

Graduate student
of department of criminal law and process
Lesya Ukrainka Eastern European National University, (Lutsk, Ukraine)
d.belkina@i.ua
ORCID ID: 0000-0002-6275-4612
Anotation. As shown by the results of this research, in the legislative and regulatory activities in Ukraine related to the improvement of criminal law, including through the elimination of legal conflicts and gaps, can be divided into three interrelated and interdependent periods, namely: a) the first of these dates from 1991-2003, when in the sphere of punishment, criminal-legal relations were regulated by the Correctional Labor Code (VTK) of Ukraine, which was adopted in December 1970 and which, despite the amendments made in since 1991, changes and additions, in its essence, reflected the ideology and psychology of a totalitarian state - the USSR, which also included bodies and institutions of execution of penalties (PEC); b) the second period began with effect from January 1, 2004, adopted in July 2003 by the Criminal Enforcement Code (KVC) of Ukraine and ended in April 2014 in connection with the adoption of the Law of Ukraine “On Amendments to the Criminal Enforcement Code Ukraine on adapting the legal status of a convicted person to European standards ”; c) the third period, “starting” in April 2014, is still ongoing. At the same time, it should be noted that the basis of this periodization is the criterion of legislative regulation of public relations, which resulted in the amendment of the criminal law of Ukraine, as well as eliminated the existing legal conflicts and gaps. The aforementioned periodization made it possible to clearly identify patterns of occurrence and development of legal conflicts and gaps that were directly related to the regulation of public relations in the sphere of execution of penalties, as well as being determinants in the present day, as determinants that negatively affect the status of criminal enforcement activities and the protection of foundations rights and legitimate interests of convicts. Thus, there is a complex applied problem that needs to be solved at the theoretical level, which has led to the choice of topic, purpose and objectives of this scientific article, the main of which is the development of scientifically sound ways of eliminating legal gaps and conflicts existing in the criminal law of Ukraine.
Keywords: legal gap; legal conflict; criminal law enforcement; determinants; regulatory legal sources; sphere of execution of punishments; subjects of rulemaking; rulemaking principles.

THE ESSENCE AND FOCUS OF MODERN SCIENTIFIC INVESTIGATION CONCERNING THE ISSUES OF APPLICATION OF PHYSICAL FORCE, SPECIAL MEANS AND WEAPON TO OFFENDERS

Andrii Borovyk

candidate of legal sciences, associate professor,
associate professor, of the department of criminal law and justice
of International economic-humanitarian University named after academician Stepan Demyanchuk, (Rivne, Ukraine)
aborovychok@gmail.com
ORCID ID: 0000-0003-1834-404X
Anotation. The author of the scientific article analyzes of the scientific literature and regulatory and legal acts concerning the content of the activity, which is related to the application of preventive measures to convicted, who were held in places of deprivation of liberty (closed type Punishment execution institutions and Investigative isolation ward) p. 3 of the art. 11 of the Criminal executive code of Ukraine. The author provided an opportunity to distinguish several periods of formation of legal foundations and scientific opinion on the designated problematic. However, as the results of this study showed, in such a situation there was no intensification of scientific searches regarding the problems of applying restraint measures to persons, who were held in the places of deprivation of liberty – as a rule, administrative and criminal law professionals continued to address these issues, the subject of development of which was the activity not of the personnel of the State Criminal Executive Service of Ukraine, but of the employees of police and other law enforcement agencies. So, the analysis of the state of the scientific developments that are related to the application to convicts that are deprived of liberty, of the of the physical influence, special means and weapon, as well as studying of regulatory legal sources on the specified problematic give reason to argue that this research topic is an urgent issue of the present and is of theoretical and applied nature, and therefore requires the activation of scientists in this direction.
Keywords: penal institution, personnel, condemned, criminal-executive activities.

COMPONENTS OF GENDER COMPETENCE OF SOCIAL SERVICE PROVIDERS

Svitlana Cherneta, Iryna Bychuk

Svitlana Cherneta. Candidate of pedagogical sciences, associate professor Associate Professor of the Department of Social Work and Pedagogy of the Higher School Lesya Ukrainka Eastern European National University, (Lutsk, Ukraine)
Iryna Bychuk. Candidate of philosophy science, associate professor Associate Professor of the Department of Social Work and Pedagogy of the Higher School Lesya Ukrainka Eastern European National University, (Lutsk, Ukraine)
svetlanachernetasu@gmail.com, irinabychuk@gmail.com
ORCID ID: ORCID ID: 0000-0002-9939-7591, ORCID ID: 0000-0003-4838-3939
Anotation. Modern European Integration Processes foresee necessity of providing gender equality in our society, which require new ideology, according to that the stereotypical perception of women and men should be replaced by the idea of developing their personal potential. Gender competence is considered as ability and readiness to interact with people of different sex on the basis of gender equality and also is mediate through individual-psychological gender characteristics, which manifest in daily life, in communication and behavior with persons of different sex. There are such basic components of gender competence as content component (knowledge of different questions of gender pedagogy and phycology), reflexive component (personal attitude to different gender issues), and organizational component (ability to manage the process of gender socialization).
Keywords: Competence, gender competence, social service provider, components, social sphere specialist

THE INFLUENCE OF THE USE OF ELECTRONIC TEXTBOOKS AND MANUALS ON THE FORMATION OF THE PROFESSIONAL COMPETENCE OF THE FUTURE TEACHERS OF THE HISTORY

Andriy Hrytsenko

Candidate of Pedagogical Sciences
doctoral student in the Department of Computer Engineering and Educational Measurement, Faculty of Informatics
of the National Pedagogical Dragomanov University (Kyiv, Ukraine)
metodistandre@gmail.com
ORCID ID: 0000-0002-9107-1394
Anotation. The article explores the conditions and principles of the use of electronic textbooks and e-learning aids in the process of preparing future teachers of history in higher education institutions, which contribute to improving the effectiveness of educational activities of future history teachers and the formation of their professional competence. Analyzing scientific approaches, it has been interpreted the terms "electronic textbooks and manuals" as complex multimedia educational tools structured with the help of hypertext, multimedia and hypermedia texts, biographies and portraits of historical figures, maps, historical documents, chronological tables, illustrations, video clips, a test program to test knowledge and skills. The author also determined that the combination of modern multimedia technologies and the specifics of the discipline leads to an intensification of this process, because through the use of multimedia technologies, electronic textbooks and e-learning guides have several advantages over traditional resources due to the realization of the principle of connection non-linear (hypertext) presentation of information, possibility of receiving additional information in the form of tips, managing them afterwards completeness and speed of presentation, not inherent in paper manuals, ensuring the ability to respond to students' actions, engage in dialogue with them, as well as use the principles of multimedia, interactivity, hypertext, which acquire educational function and contribute to the formation of information and communication skills, as a complex provided that the teacher creates a pedagogical scenario in a specific subject. It has been confirmed that certain historical and subject specificities must be adhered to in order to formulate certain competence in future history teachers, integration of social and humanitarian disciplines, historicism (use of the historical approach in the teaching of educational material) and cultural principle, which is realized in study of social and historical disciplines at a pedagogical university: acquainting students with the historical past and spiritual values of the Ukrainian people and other peoples of the world; formation of a whole, spiritually mature person by means of cognition and assimilation by the youth of centuries-old historical heritage, features of the development of the states that existed in the past and peculiarities of their legal systems; formation of respectful attitude to national and world history. In addition, examples of electronic history books and manuals that have been created have been analyzed and identified as providing a modern level of history teaching in educational settings.
Keywords: e-textbooks, e-learning guides, multimedia technologies, professional competence, future history teachers.

PRESSING QUESTIONS OF CLASSIFICATION OF JUDICIAL EXAMINATIONS

Alexsandr Humenskyi

chief expert of justice
Chernihiv separation of the Kyiv Research institute of judicial examinations
of Ministry of Justice of Ukraine (Chernihiv, Ukraine)
robingum@meta.ua
ORCID ID: 0000-0001-6860-4925
Anotation. The author explores the relevant problems of the classification of the forensic examinations on various grounds and the value of classifications for the administration of justice in the science article. The author pays the special attention to the classification of the forensic examinations by the substantive grounds. The article draws attention to the fact that until recently the classification of the forensic examinations was carried out on the basis of those sciences the methods of which were used for researching of a certain set of objects, in particular, the author critically analyzes the attribution of certain types of the examinations, in particular of the linguistic, of the examination of materials and substances, of the examination of special technical means of the secretly obtaining information to the forensic ones. The attention is drawn to the fact that the integration and the differentiation that occur in modern science, affect the formation and use of the methods and tools of the expert research, affecting also the scope of their application – the specific types and kinds of the forensic examination, their nature and, as a consequence, the classification of the forensic examinations. The author considers the most famous classification of the forensic examinations, which is based on their distribution according to the degree of the commonality and the subordination into the four main levels – the classes, the genera, the types and the varieties (the groups) of the forensic examinations in the article. It is based on the nature of the field of the special knowledge, which are used in the holding the examination. The author emphasizes that a comprehensive criterion that allows more or less clearly to distinguish between different types of the examinations during their classification, in addition to the objects of examination, also includes an idea about the subject and objectives of this type of the examination, its methods and the nature of the substantiating knowledge and takes into account the genesis of its development. The scientific classification of forensic examinations is of direct importance for the correct evaluating of the validity of the conclusion of the expert.
Keywords: Classification, special knowledge, object, object, methodology of expert research, genesis of development.

CIVIL INVOLVEMENT AND PARTICIPATION AS AN IMPORTANT INSTRUMENT IN WORKING WITH YOUTH

Viktoriіa Karpuk

Ph.D. student
Department of Social Work and Pedagogy of Higher School
Lesya Ukrainka East-European National University (Lutsk, Ukraine)
vika.karpuk21@gmail.com
ORCID ID: 0000-0002-9087-5980
Anotation. An important factor for successful development of civic society and socio-cultural processes is the involvement of young people in making socially important decisions. These are young people who have to resolve problems that directly affect them, and other participants should support them, but not order what to do. The aim of the article is to investigate civil involvement and participation as an important instrument of the work with youth. On the basis of literature sources analysis the article determines that civic engagement and participation is the involvement of young people in volunteer and community activities, increase of youth participation in decision making processes, creation of advisory board, formation of enabling mechanisms for the implementation of civic education etc. There are many forms of youth participation in public decision-making processes: participation in elections; social councils; public hearings; local initiatives; participation in the activities of civil society organizations; youth social projects; interest clubs; peer-to-peer networking etc. Youth participation can also be viewed as a form of youth-adult partnership. The advantage of partnership between young people and adults is that it benefits from the young people's skills and talents, as well as from the experience and knowledge of adults. The article determines that civic engagement among young people can be developed with the introduction of civic education. Civic education helps young people to be well-informed active citizens involved in policy-making and democratic governance. In order to work with young people effectively it has been suggested to improve their participation in democratic structures and processes, expressing of opinions with the help of advisory boards formed at the organs of local self-government from the youth representatives for advising, development and realization of youth politics at local level. Therefore youth councils creation is an effective form of youth participation in addressing issues that directly affect young people.
Keywords: youth; youth participation; civic engagement; civil society; democracy.

PECULIARITIES OF TEACHERS’ ATTITUDES TOWARDS INTEGRATION: A REVIEW OF THE LITERATURE

Tetiana Martyniuk

Candidate of Pedagogical Sciences, Associate Professor,
Associate Professor Faculty of Pedagogical Education and Social Work,
East European National University named after Lesia Ukrainka (Lutsk, Ukraine)
martynyuk.t@gmail.com
ORCID ID: 0000-0002-9288-8179
Anotation. On the assumption that the successful implementation of any inclusive policy is largely dependent on educators being positive about it, a great deal of research has sought to examine teachers’ attitudes towards the integration and, more recently, the inclusion of children with special educational needs in the mainstream school. This paper reviews this large body of research and, in so doing, explores a host of factors that might impact upon teacher acceptance of the inclusion principle. The analyses showed evidence of positive attitudes, but no evidence of acceptance of a total inclusion or “zero reject” approach to special educational provision. Teachers’ attitudes were found to be strongly influenced by the nature and severity of the disabling condition presented to them (child-related variables) and less by teacher-related variables. Further, educational environment-related variables, such as the availability of physical and human support, were consistently found to be associated with attitudes to inclusion.
Keywords: Integration, inclusion, teacher attitudes, inclusive education, attitude measurement methods.

THE DISTINCTION OF THE CATEGORIES ‘THE FORCE MAJEURE’ AND ‘THE IRRESISTIBLE FORCE’ IN THE CONCEPTUAL APPARATUS OF THE CIVIL LEGISLATION OF UKRAINE

Olga Melnyk

Candidate of Law Science,
lecturer of the Chair of Intellectual Property and Civil Legal Subjects of Kyiv Institute of Intellectual Property and Law,
‘Odessa Law Academy’ National University, (Kyiv, Ukraine)
olgamelnik_1987@ukr.net
ORCID ID: 0000-0002-0089-6535
Anotation. The methodology of research is based on the use as a general scientific (dialectical, logical, systemic-structural, etc.), and special methods (historical, comparative, etc.), which in the complex were applied to clarify the nature and features of the force majeure (the irresistible force) by the civil legislation of Ukraine. The purpose of this article is a complex research of theoretical and practical problems of the civil law categories of the force majeure and the irresistible force, as well as the forming of proposals regarding the improving the civil legislation of Ukraine in this area, the definition of the places of the categories of the force majeure and the irresistible force in the conceptual apparatus of the civil law and legislation of Ukraine. To analyze the existing doctrinal theories of the force majeure and the irresistible force, defining the features of these concepts, to determine their ratios and offer their definitions. To make a distinction of the force majeure and the irresistible force with the related concepts (the impossibility of performance, the reservation on invariability of circumstances of the contract, the case). The object of research is the legal relations that arise in the field of the application of the force majeure (the irresistible force). The subject of research is the force majeure (the irresistible force) as the civil legal category.
Keywords: The civil legislation, ‘the force majeure’, ‘the irresistible force’, ‘the force majeure caution’.

THE PROBLEM ISSUES OF THE DETERMINATION OF THE JURISDICTION IN THE IMPLEMENTATION OF THE JUDICIAL PROTECTION OF THE RIGHTS OF INTELLECTUAL PROPERTY ON THE INTERNET AND THE WAYS TO SOLVE THEM

Kateryna Midnytska

lecturer
of the Chair of Intellectual Property and Civil Legal Subjects of Kyiv Institute of Intellectual Property and Law,
‘Odessa Law Academy’ National University, (Kyiv, Ukraine)
mudritckaya@ukr.net
ORCID ID: 0000-0003-3759-8897
Anotation. The article examines the problem issues of the determination of the jurisdiction of the courts in the implementation of the protection of the rights of the intellectual property given the establishment of a specialized judicial institution in Ukraine for consideration and settlement of disputes in this area – The High Court of the issues of the intellectual property, however, which has not begun its work yet. The ambiguous interpretation and law is the application of the legislation, which regulates the jurisdiction of the cases of the specified category, is connected, first of all, with the different interpretation both by judges and persons, who apply for protection of the rights of the intellectual property of the p. 16 of the Transitional provisions of the Commercial Procedural Code of Ukraine, which provides that ‘before the beginning of the work of the High Court on the issues of the intellectual property case regarding the rights of the intellectual property are considered under the rules that are in force after the entry into force of this version of the Code, by the courts in accordance with the rules of jurisdiction (criminality), which operated before the entry into force of this version of the Code’. In this regard, the problems and contradictions of the current legislation of Ukraine and judicial practice are analyzed regarding the jurisdiction of the cases about the protection of the rights of the intellectual property to the courts in order to avoid such contradictions at the present stage of development of the judiciary under the influence of the judicial legal reform, in the framework of reforming the judiciary, the procedure and other related legal institutions, for the possibility of further improvement namely of the institute of judicial protection, the solution of problematic aspects and for the proper provision of judicial protection of the rights of intellectual property in Ukraine.
Keywords: The High Court on the issues of the intellectual property, the intellectual property, the protection of the rights of the intellectual property, the Internet, the court that is established by law, the judicial protection.

SOCIAL PROJECTS AS A FORM OF COLLABORATION BETWEEN SCHOOLS AND TERRITORIAL COMMUNITIES

Olena Nezbrytska

Ph.D. student
Department of Social Work and Pedagogy of Higher School
Lesya Ukrainka East-European National University (Lutsk, Ukraine)
nezbrytska@ukr.net
ORCID ID: 0000-0002-5924-2405
Anotation. The article is devoted to the analysis of the of OGT cooperation forms development, assessment of the current state and projects implementation in the social sphere on the example of educational institutions. First of all, the author analyzed the basis of existence of such concept as territorial communities cooperation, normative legal regulation of cooperation contained in the Law of Ukraine “About cooperation of territorial communities”, as well as the Law “About local self-government in Ukraine”. Information on the forms and areas in which cooperation between territorial communities can be structured. The author analyzed in more detail the cooperation on the example of united territorial communities and educational institutions. In particular: were determined trends in the number of contracts concluded for the period 2015-2019, the structure of the number of contracts in terms of cooperation forms, as well as the distribution of contracts according to the spheres of implementation, by regional distribution, etc. were considered. The author concludes that the largest number of projects concerns the development and improvement of the educational institutionsinfrastructure, the development of inclusive education, the development of extracurricular education, projects concerning the development of pre-school education, delegation of tasks, joint financing, and the establishment of a joint institution. To evaluate the quality of cooperation projects between territorial communities and educational institutions, the author analyzed the project “Reconstruction of a preschool educational institution / nursery-school № 6” Sonechko” of the combined type of the Semenovsk city council of Chernihiv region. In particular, the author describes the characteristics of the project and the evaluation of its success. In the final part of the article the author concludes on the positive tendencies in development territorial communities cooperationand its extraordinary weight in the aspect of influence on regional development and development of the state as a whole.
Keywords: decentralization, united territorial community, social sphere, educational institutions, mechanisms and forms of cooperation, joint projects.

CLASSIFICATION OF COMPETENCIES OF EMPLOYEE FOR SOCIAL RESPONSIBILITY ENTERPRISES OF THE PROCESSING INDUSTRY

Tetyana Panyuk

PhD in Economics, Аssociate Рrofessor,
Рrofessor of the Department of Economic Theory,
Rivne State University of Humanitarian, (Rivne, Ukraine)
panjuk@ukr.net
ORCID ID: 0000-0002-2494-6111
Anotation. The article investigated the classification of competencies of employees of socially responsible enterprises of the processing industry, which will act as a basis for defining indicators and methods their assessment. Determined that the level of competences and skills of employee depends on maximizing profits interprises from their minimal costs. Found that one of the most important tasks of managers is the choice of tools to assess competence of the employee. so this requires understanding of classifications of competences of the employee socially responsible processing enterprises and allocation of their features. Allocated to different classification features of competence of the employees, the refined nature of some their and supplemented a new classification features, which are caused by the demands of modernity. The improved integrated classification of competencies adapted to the socially responsible processing enterprises, the classification characteristics of which are: in versatility (General and professional); in the field of manifestation (instrumental, interpersonal, systemic); in the subject specialization (production, managerial, financial-economic, intellectual, diagnostic, methodological, psychological and others); in the social responsibility (social, innovation, investment and others); the type of situation which applied competencies (competencies which are used to resolve the planning situation; competences, which are used for the solution of a random situation); the level of autonomy of the formation (simple, complex); cycle training ( competence that arise as a result of obtaining secondary education; competences that result from higher education); during work activities ( competence at an early stage of employment, competence in the later stage of work); the level of development of the employee (high, above average, average, low); place of occurrence ( workplace, as a result of the trainings, seminars, courses); the periodicity of the application ( periodic, lump sum). Such a classification sign, as social responsibility is separated in a separate important component.
Keywords: competence, competence, classification competence, employee, social responsibility, enterprise, processing industry.

INCLUSION AS A NEW SOCIO-EDUCATIONAL PHENOMENON

Iryna Sadova

Ph.D (Psychology), Docent
of Pedagogic and Methods of Primary Education
Drohobych Ivan Franko State Pedagogical University, (Drohobych, Ukraine)
iryna-sadova@ukr.net
ORCID ID: 0000-0003-2570-5392
Anotation. In the scientific article, the author gives the definition of a new social and pedagogical phenomenon – “inclusive education” on the basis of the analysis of the basic research and the legislative and regulatory framework. The term “inclusive education” is interpreted from different perspectives in the organization of the pedagogical process in various sources devoted to the education of children with special educational needs (SEN). The author offers one of her most common interpretations: “Inclusive education is a term used to describe the process of teaching children with SEN in the institutions of general secondary education”. Generalization of the most significant characteristics of inclusive education makes it possible to formulate the author's definition of the concept of “inclusive education” in the context of cultural and axiological approaches: “Inclusive education is a multidimensional pedagogical phenomenon, the fundamental basis of which is the determination of the value, uniqueness and the diversity of all children and the elimination of all forms of discrimination against them, with a view to ensure the productive inclusion of each child in the general education system, which contributes to its further full socialization”. The author has made a retrospective analysis of the problem of inclusive education on the basis of the generalization of domestic and foreign experience; the inclusive educational environment of the school as an educational space for the development of students' sociality has been characterized; the complex of pedagogical conditions of upbringing the children with SEN in inclusive educational environment has been revealed.
Keywords: children with special educational needs, inclusive education, inclusive school, socialization.

THE ENVIRONMENT OF PRE-SCHOOL INSTITUTIONS – THE THIRD EDUCATOR

Nataliya Semenova, Olena Gnirovska

Nataliya Semenova. Docent of the department of the general pedagogy and pre-school education of Lesya Ukrainka Eastern European National University (Lutsk, Ukraine)
Olena Gnirovska. Educator- methodist of the institution of the pre-school education № 10 ‘Volynyanochka’ (Lutsk, Ukraine)
natsemenova@ukr.net
ORCID ID: 0000-0002-5247-7439
Anotation. The article reveals the need for timely transformation and enrichment of the educational space and environment in which pupils of a preschool education institution are. In particular, opportunities for engaging in TalkingWalls preschool education as a multimedia resource for children, educators, and parents are disclosed. The role and methodological value of the introduction of the international pedagogical technology “Walls that speak” as such, which provides the child with the opportunity to be a full master of his personal space, is revealed. The factors that contribute to the creation of educational space and environment in kindergarten are highlighted. The proposed technology is relevant for the modernization of the educational space of Ukraine. It is proved that the main characteristics of the educational environment of a modern preschool education institution are: safety, multifunctionality, convenience, openness, variability, creativity, adaptability, cultural orientation. It is expedient to educate and develop preschoolers in such a space of educational environment, which includes the material and technical support of the educational process, the professionalism of teachers, the formation of partnership relations between adults and children.
Keywords: environment, educational environment, development environment, objective environment, personal space, educational space, developmental living space, world educational space, educational process, multifunctional system, international pedagogical technology, educational need.

THE PHENOMENON OF EUPHEMISM IN DISPLAYING COMMUNICATIVE PRINCIPLE OF TOLERANCE IN THE DISCOURSE OF UKRAINIANS

Iryna Skovronska, Bohdana Yuskiv

Iryna Skovronska. Candidate of Philological Sciences, Docent, Department of Foreign Languages and Culture of Professional Speech Lviv State University of Internal Affairs, (Lviv, Ukraine)
Bohdana Yuskiv. Senior Teacher of the Department of Foreign Languages and Culture of Professional Speech of Department of Foreign Languages and Culture of Professional Speech Lviv State University of Internal Affairs, (Lviv, Ukraine)
sdfortissimo@gmail.com, dexter@mail.lviv.ua
ORCID ID: ORCID ID 0000-0002-6261-3393, ORCID ID 0000-0002-0602-0630
Anotation. The article is devoted to clarifying the communicative principle of tolerance in the Ukrainian discourse, which is realized by the representation of the phenomena of euphemization, taboo and related to the attitude of Ukrainians to the realities of life, law, morality. The implementation of the communicative principle of tolerance is expressed in the pursuit of maximum correctness, the prediction of situations that may be related to conflict, abuse, misunderstanding. Euphemisation as a component of language culture can also make it hypercorrect - in line with representations of native speakers about ideal forms of expression that act as important social markers, stereotypes. In the broad sense, "euphemism" is a word or expression that serves in appropriate conditions, situations, that is, discourse, to replace such notations that the speaker interprets as undesired, not at all polite, too harsh; or an emotionally neutral word or expression that is used instead of synonymous words or expressions that the speaker perceives as obscene, rude, or tactless. In narrow interpretation, it is a word or expression that replaces taboo words. The euphemism is expressed only in connection with the relevant topics and fields of activity - in particular: the names of the parts of the body; nakedness; physiological processes; sex life; politics and something related to it; illnesses and something related to them; death; people's shortcomings (deception, stupidity, drinking, smoking, drugs, drug addiction); physical signs of a person, his faults; finance and related to it actions; brutality, curses, nicknames; punishment, guilt. In the language of every society there are realities, signs, objects, phenomena, outlined above, which require encoding, darkening, cover. Euphemisms not only illustrate the peculiarities of the national linguistic picture of the world. They are expressive stylistic means that allow to vary the language depending on different conditions, to veil and conceal their intentions when necessary, to avoid communicative conflicts that may arise in the direct communication of different persons, objects and properties, and to be eloquent artistic means of expressiveness of speech in the aspect of creation different meaningful connotations. The dynamics of euphemistic processes are explained by the person's desire for successful communication, by the timely evaluation and reassessment of the forms of expression that fulfill the function of the implicitness of the negative evaluation in order to improve communication. Euphemisms have become a subject of interest for researchers in connection with political communication, in the field of media discourse.
Keywords: communicative principle, euphemism, taboo, discourse, tolerance.

THE RIGHT TO REPRODUCTION IN THE CONTEXT OF THE MODERN DOCTRINE OF CONSTITUTIONALISM

Yuriy Turiansky

Doctor of Economics,
Member of the SAC
of Constitutional Court of Ukraine, (Kyiv, Ukraine)
tur2020@i.ua
ORCID ID: 0000-0002-4892-0653
Anotation. The development of biomedical technologies has enabled the procreation using the latest reproductive technologies, among which the method of surrogacy is the most radical. Therefore, qualitative legal regulation of this issue is essential to avoid the problems that accompany it, in particular, human trafficking, exploitation of women and children, discrimination on various grounds, failure to fulfill obligations by the parties to such legal relations, violation of the fundamentals of legal identity of the child born with the help of this method. Therefore, this article is intended to provide a legal analysis of the use of the right to reproduction by the method of surrogacy. Thus, we reveal the legal nature and formation of the institution of surrogacy. In the next part of this study, we reveal the basic foundational principles of commercial surrogacy as the most controversial form of reproduction. Surrogate motherhood is a chance not only for infertile couples to become parents, but also for same-sex couples (if such relations are legalized in the country domestic law), or couples where one of the partners has health problems other than infertility, which makes it difficult for a person to carry a baby on their own. Analyzing different countries of the world where commercial surrogacy is used, we see an extremely large difference in pricing for services provided. Generally, it depends on the economic development and welfare in the country of the surrogate mother. Ukraine could potentially become a center for surrogacy, which is related both to the economic accessibility of the procedure, the loyalty of the legislation, and the relatively high supply. We pay special attention to legal regulation of confidentiality that will be guaranteed for each subject of these relations. It is also the responsibility of the doctors and medical staff involved in the process to comply with this principle and there is the need to impose legislative sanctions for the dissemination of personal information regarding the procedure. We believe that the principle needs special attention from the state, since the method of reproduction affects the moral and ethical elements of a person and must be protected.
Keywords: biomedicine, child rights, surrogacy, infertility, human rights.

ASSESSMENT OF THE ROLE OF THE BUDGET COMPONENT IN FINANCIAL SECURITY

Iryna Zaichko

Senior Lecturer,
Research Institute
Kyiv National University of Culture and Arts (Kyiv, Ukraine)
zkiv26@gmail.com
ORCID ID: 0000-0002-6080-2959
Anotation. The presentation of opinions and statements of financial security in the modern national and world economy is considered. It has been established that the term «financial security» has been used relatively recently and its development is conditioned by threats in the financial system of Ukraine. The analysis of the formulation of financial security from the point of view of ensuring equilibrium, resource-functional approach, stability of the financial system, protection of financial interests, a component of economic security in the context of regulatory and legal regulation has been carried out. A matrix of approaches to the definition of financial security components has been developed based on the scientists' statements regarding the determination of financial security components. Frequent crises and uncertainties that influence changes in society have been proven. The necessity of managing change as a tool for economic development and growth of the manufacturing and non-productive sectors with the branching and methodological adaptation to each branch that needs to be substantiated is substantiated. it is determined that, by their very nature and content, financial security is a complex multilevel dynamic process consisting of a number of subsystems, each of which has its own structure and logic for development. The study of the prevalence of the budget component in the structure and level of financial security of Ukraine, which speaks about the importance of budget policy in the system of ensuring the financial security of the state, and stated that the most important element of the budget policy of the country in modern conditions, should be financial security.
Keywords: security, economic security, financial security, budget component, budget policy.