Journal №2 (6) / 2014|KELM

WYKAZ ZAŁĄCZONYCH PLIKÓW

THE FEATURES OF CREATIVE THINKING IN STUDENTS: VISUAL, AUDITORY, KINESTHETIC AND DIGITAL

М. Bojczuk

doktorant
katedry psychologii ogólnej fakultetu psychologii
ChUN im. W. Karazina m. Charków, Ukraina
Anotation. The article presented data of experimental research on development of the creative thinking properties (originality, flexibility) of students with various dominant representative systems (visual, auditory, kinesthetic and digital). The problem of expression of the creative potential of the individual, as well as "dominant" and "leading" representative systems is analyzed. The relationship between the domination of certain representative systems on the one hand and the level of originality and flexibility of thinking on the other is traced. Generally, the highest level of creative thinking in students identified visually and the lowest in kinesthetic. In general, on criterion of originality of thinking differences between groups of students with different dominant representative system slightly more contrast to criterion of flexibility of thinking.
Keywords: creative potential, originality of thinking, flexibility of thinking, representative of dominant representational systems, visual, visual, auditory, kinesthetic, digital, students.

SPECIAL FEATURES OF THE INVESTIGATOR AND OPERATIVE DIVISIONS’ INTERACTION DURING CRIMES INVESTIGATION IN BANKING

S. Bondar

Doktorant
katedry kryminalistyki Oraz medycyny sądowej
Narodowej Akademii Spraw Wewnętrznych m. Kijów, Ukraina
Anotation. The article is devoted to definition special features of the investigator and operative divisions’ interaction during crimes investigation in banking. The article deals with the problems of interaction between investigators and operational units that occur during individual investigations.
Keywords: cooperation, investigator, investigation of crimes, operative divisions.

katedry nauk karno-prawniczych wydziału prawa Państwowego

O. Bronewycka

docent
THE STRUCTURE AND ELEMENTS OF NECESSARY DEFENSE UNDER THE CRIMINAL LAW OF UKRAINE
Uniwersytetu Spraw Wewnętrznych we Lwowie, Ukraina
Anotation. Necessary defense refers to the circumstances precluding wrongfulness and social danger of the act. These are the actions that by their external characteristics although are similar to those or the other criminal acts (for example, taking life of a person, who infringes during the necessary defense, coincides with corpus delicti of murder), but in fact they are not socially dangerous and illegal and are recognized legitimate and usually socially useful. In this regard, the notion of necessary defense is examined in the article. The analysis of the composition of necessary defense, distinguishing of elements regarding both infringement and the defense against such attacks is made. A definition of necessary defense is given in the article.
Keywords: necessary defense, socially dangerous attack, the limits of necessary defense, circumstances of the defense.

TERRORISM - GENESIS OF THE PHENOMENON

Ł. Czebotar

Doktorant
Katolicki Uniwersytet Lubelski Jana Pawła II m. Lublin, Polska
Anotation. The purpose of the article is to present the most important issues concerning the history of terrorism. The article contains the analysis of the four various stages of the development of terrorism and explains the formation of the modern terrorism, considered as one of the most serious global threats. Furthermore, in the text of the article, it can also be found the key findings and conclusions concerning the issues raised in it.
Keywords: terrorism, history, criminal law, security, prevention.

DUTIES OF A NOTARY AS PART OF ITS CONSTITUTIONAL AND LEGAL STATUS.

K. Czyzhmar

doktor nauk prawnych, docent doktorant
katedry prawa konstytucyjnego oraz prawoznawstwa porównawczego wydziału prawa
Użhorodzkiego Uniwersytetu Narodowego m. Uzgorod, Ukraina
Anotation. The features in the legal category of "duty" as an element of the constitutional and legal status. The author pays special attention to the types and characteristics of the main duties of a notary public. Approaches revealed a number of domestic and foreign scientists investigated regarding category.
Keywords: notaries, notary institute, the notary, the constitutional and legal status, duties.

PREVENTIVE ACTIVITIES IN THE CRIMINAL PROCESS: THE NEED FOR THE TIME OR RELIC OF THE PAST?

А. Desiatnyk

doktorant
katedry postępowania karnego Odeskiego
Uniwersytetu Państwowego Spraw Wewnętrznych, detektyw do spraw szczególnie ważnych wydziału bezpieczeństwa wewnętrznego na Odeskiej Kolei Państwowej Departamentu Bezpieczeństwa Wewnętrznego MSW Ukrainy Podpułkownik policji m. Odessa, Ukraina
Anotation. The article considers the problem of implementation of preventive activities in the framework of the criminal procedural code of Ukraine. Based on the analysis of the content of articles of the criminal procedure codes of other States are formulated proposals on amendment of the criminal procedure code and articles on the implementation of preventive activities based on their content. Sets out the duty of the prosecution to establish the causes of crime and the conditions that facilitated the Commission, the right to make representation about elimination of these reasons and conditions set out the contents of the specified representations, the order of consideration set forth the proposed powers of the investigator, Prosecutor in specified activities
Keywords: causes of crime, the conditions that contributed to the crime.

CONCEPT "OF PROOF" IN CIVIL PROCEEDINGS

N.Fartuszok

Sekretarz
posiedzenia sądu Sądu Gospodarczego Obwodu Lwowskiego m. Lwow Ukraina
Anotation. The article presents the urgency of the concept "proof". The author draws a conditional ordering definitions of "proof." In forming the definition of proof in civil proceedings it should be taken into account the unity of the process of proof. The main aim of the article is to define the concept of posing the problem of securing evidence by law. The article presents a different definition of "proof" in the national and international legislation. We present the goals, objectives, objective evidence, and - determine the burden of proof. According to the results stated in the article the author concludes that the importance of research of the concept of "burden of proof", which defines the activity of the process is the criterion intensity of their activities, serves as a rules dispute, eliminates uncertainty in legal relations.
Keywords: evidence, procedural activities, evidence, knowledge, beliefs, objective evidencebased activities, civil procedure.

DEFINITION OF THE NOTION"WAGES"

T. Fartuszok

Sędzia Sąd Gospodarczy
Sąd Gospodarczy Obwodu Lwowskiego m. Lwow
Anotation. The article presents the urgency of the concept "salary", which is due to the constant genesis. The author states that the analyses of the essence of wages is a prerequisite for learning, understanding and the definition of "wages." The main aim of the article is the definition of the concept "wages", its relation with the concept "pay" and its basic elements. The author of this article presents the definition of "wages" in the national and international legislation. The author uderlines the absence of definition the concept of "wages in law." A specsal attention is paid to the relationship between the concepts of "wages" and "salaries"which is presented by diferent scientisns. The article presents the main features of wages, its classification, structure, basic features. The author underlines the importance of research of the concept of "wages" for lawmaking and law-making activity and improvsng welfare in the way of fixing the status of the rule of law.
Keywords: wages, salaries, wages function, the structure of wages, salary classification.

RUSSIAN SOCIAL POLICY: THEORETICAL AND METHODOLOGICAL ANALYSIS OF THE PROBLEM

S. Hrycaj

doktorant
na Ukraińskiej Akademii Dyplomatycznej przy Ministerstwie Spraw Zagranicznych Ukrainy m. Kijów, Ukraina
Anotation. This paper analyzes the theoretical views of scientists that had influence on formation of the content and functionality of the social policy, defi ned methods and principles of the investigation in the context of historical transformation, discloses a methodology of social policy in the partnership between the state and civil society.
Keywords: social policy, social development, principles, methods, research methodology, models of the welfare state, civil society.

ENVIRONMENTAL RISK ASSESSMENT OF DETERIORATION OF THE RIVER BASIN SERET IN TERNOPIL REGION

О. Kostiyk

doktorant
katedry ekologii i ochrony środowiska naturalnego
Wschodnioeuropejskiego Narodowego Uniwersytetu im. Lesi Ukrainki m. Łuck, Ukraina
Anotation. Suggested the new approach to the assessment of environmental risk deterioration of water ecosystems to prioritize the implementation of environmental protection measures. Qualitative analysis of the state of the Siret River Basin in the Ternopil region based on the environmental and of environmental risk index
Keywords: surface water, water ecosystems, environmental risk.

INFLUENCE OF PATERNAL FAMILY PATTERN ON THE ORIGIN OF GYNAECOLOGICAL PATHOLOGY IN TEENS

А. Hryszko

starszy wykładowca
katedry psychologii, wydziału nauk humanistycznych
Narodowego Uniwersytetu Lotnictwa i Kosmonautyki Im. N. Zukowskoho m. Charków, Ukraina
Anotation. In the article questions are examined in relation to the study of pathogeny of such violations of gynaecological sphere in teens as a juvenile uterine bleeding. The last have considerable prevalence among gynaecological diseases for girls-teenagers. On the basis of results researches are exposed, that sick girls have a specific paternal of family pattern, different from the group of healthy girls-teenagers. This is can become one of pathogenic factors of forming of diseases of gynaecological sphere, in particular juvenile uterine bleeding.
Keywords: juvenile period, juvenile uterine bleeding, pathogenic factors, family pattern, sexual role.

APPLYING BY INVESTIGATOR THE RESULTS OF OPERATIONAL INVESTIGATIVE COGNITION OF THE FACTUAL CIRCUMSTANCES COMMITTING A CRIME

J. Kolesnyk

doktorant
Narodowej Akademii Służb Bezpieczeństwa Ukrainy, m. Kijów, Ukraina
Anotation. the article deals with the problem of knowledge in the pre-trial investigation and investigative operations and the related issue of using certain results of operational units’ activity in the criminal proceedings.
Keywords: cognition; crime; pre-trial investigation; operational investigative activity.

ANALYSIS OF DYNAMICS OF THE PSYCHOLOGICAL EMOTIONAL STATE AND PHYSICAL FEEL OF PATIENTS, COMPLETING COURSE INDIVIDUAL PSYCHOTHERAPY

K. Maksymenko

Doktor nauk psychologicznych, docent, doktorant
Kijowskiego Narodowego Uniwersytetu Imienia Tarasa Szewczenka m. Kijów, Ukraina
Anotation. The author of the article analises the features of dynamics of psychological emotional аnd physical states of patients, completing the course of individual psychotherapy. A problem is considered in the context of possibilities of the personality-oriented psychotherapy of emotional disorders at somatic in practice of modern medicopsychology, in particular on material of clinic of gastroenterology diseases. Results over of empiric research are brought, the indexes of the conducted psychological diagnostics methods are interpreted.
Keywords: patients, psychological emotional and physical itself, individual psychotherapy.

GENERAL THEORY OF ECONOMIC CRISES OF M. I. TUGAN-BARANOVSKY

S. Neskorodew

doktor nauk ekonomicznych, docent
katedry ekonomii i zarządzania
Narodowego Uniwersytetu w Charkowie Im. W. Karazina m. Charków, Ukraina
Anotation. The article presents the main position theory of crises, proposed by prominent Ukrainian economist M.I. Tugan- Baranovsky. The author has summarized the basic ideas of scientist concerning causes of recurrence, problems of social reproduction, distribution of the national product. The focus of the article the mechanism of industrial cycles and economic crises identified M.I. Tugan-Baranovsky on the basis of studies of the world economy.
Keywords: The economic cycle, the crisis of overproduction, the capital, productive capital, loan capital.

SECRET INQUISITIONAL (INVESTIGATIVE) ACTIONS ON THE CRIMINAL PROCEDURE CODE OF UKRAINE

D. Neskoromnyj

doktorant
katedry postępowania śledczego
Narodowej Akademii Spraw Wewnętrznych m. Kijów, Ukraina
Anotation. The article deals with general provisions secret proceedings (investigation) search actions: concept and system secret (investigators) search actions, monitoring their proceedings, the rights and freedoms of citizens, execution of orders on their conduct, with the use of secret proceedings (investigation) search actions .
Keywords: Criminal Procedure Code of Ukraine, undercover investigators (ODA) activities prosecutor, operational units, warrants, rights and freedoms

THE HISTORICAL PROCESS OF CREATION AND INTRODUCTION THE USE OF THE POLYGRAPH IN THE OPERATIONAL-SEARCH ACTIVITY OF LAW ENFORCEMENT BODIES IN UKRAINE

О. Powstianyj

doktorant
Akademii Służby Bezpieczeństwa Ukrainy m. Kijów, Ukraina
Anotation. The article analyzes the historical process of creating and implementing the use of the polygraph in criminal law enforcement agencies in Ukraine.
Keywords: polygraph, polygraph interrogation, law enforcement, operational-search activity, historical development.

STATE AUTHORITIES IMAGE AS A SYSTEMATIC PHENOMENON

І. Pantelejczuk

doktor z nauk o administracji publicznej, docent
katedry zarządzania rozwojem społecznym
Narodowej Akademii Administracji Publicznej przy Prezydencie Ukrainy m. Kijów, Ukraina
Anotation. The structural analyses of the state authorities image was made and the interconnection among its different elements was defined in the article. The peculiarities of the state authorities image formation issues were highlighted as well as the main directions of the state authorities image positive formation were scientifically proved in the article.
Keywords: state authority’s image, civil service, service activity, professionalism, competence, professional identity, personnel policy.

DIRECTIONS OF LEGISLATIVE CHANGES IN POLISH MODEL OF CONSUMER RIGHTS PROTECTION

M. Paczyńska

doktorant
Uniwersytet Łódzki m. Łodź, Polska
Anotation. Consumer protection is a special area of interest in EU law, thereby exerting a huge influence on the national legislation of each Member State. This is due to the fact that consumption represents a basic sphere of the individual as well as society as a whole, which shows the evolution of the needs, conditions and circumstances of their realization. The market should guarantee the consumers opportunity to make rational and effective decisions. In this context, the aim must be to protect the interests of the consumer, while the elimination of how emerging threats, which is reflected in the Directive of the European Parliament and of the Council 2011/83/EU, exacerbating the obligations of entrepreneurs in the range of consumer rights, which until 13 June 2014 Member States of the European Union are required to implement. The purpose of the article is to introduce functioning system of consumer protection in Poland in the light of new regulations.
Keywords: consumer protection, consumer law, European Union law.

PSYCHOLOGICAL FEATURES OF DEVELOPMENT OF ACCENTUATIVE TEENAGERS IN THE CONDITIONS OF DEPRIVATION

W. Оros

aspirantka
katedry psychologii pedagogicznej i wiekowej
Wschodnioeuropejskiego narodowego uniwersytetu imienia Łesii Ukrainki Lutsk, Ukraina
Anotation. The article is devoted to the analyses of psychological specific features of teenagers with the different types of character accentuation, who aew influenced by different types of depivation. It is stated that depivation in school-boarding establishments stimulates the anxious and depressed tints of personality potential of pupil, reduces him adaptive possibilities, discomfort affects quality of socializing with surrounding people, appears in the superfluously frequent displays of accentuation character and complicates the processes of psychological rehabilitation and resocialisation.
Keywords: teenagers, to character accentuation, depivation, school-boarding establishments, resocialisation.

VISUAL MODELING IN THE PROCESS OF THE VOICE DEVELOPMENT OF PEDOGOGICAL UNIVERSITIES STUDENTS

SIa TsZIN

National Pedagogical Dragomanov University, Kyiv, Ukraina
Anotation. The article reveals the content of visual modeling as means of development of the singing voice of pedagogical universities students within the teacher-student communication through which the purposeful activation of the necessary parts of the phonation apparatus could be achieved through visual means. Adjusts the process of sound formation which leads to the improvement of the student's artistic and technical skills.
Keywords: visual modeling as a method: directions, stages, elements, features.

THE RETROSPECTIVE RESEARCH OF CRIMINAL JUDICIAL ACTIVITY OF THE PROSECUTOR AND THE PROBLEMS OF REFORMING THE PROSECUTOR'S OFFICE IN UKRAINE

І. Rohatiuk

doktor nauk
prawnych
m. Kiev Ukraina
Anotation. The paper presents a retrospective analysis of the functions and roles of the prosecutor's office in the state mechanism. The problems of development, gradual reform and destination prosecutors in relation to modern Ukrainian realities.
Keywords: criminal procedure; the prosecutor; reform of the Prosecutor's Office; supervision; procedural aspects of

HOMICIDE’S AGGRAVATING CIRCUMSTANCES IN A CIVIL LAW (ROMANO-GERMANIC / CONTINENTAL LEGISLATION)

О. Sotula

doktor nauk prawnych, docent, doktorant hab.
Narodowego Uniwersytetu im. Mecznykowa w Odessie m. Odessa, Ukraina
Anotation. Article is a research of the criminal legal norms that providing more strict liability for felonious homicides made under aggravating circumstances in the Civil Law ( Romano-Germanic/ Continental legislation). Based on a systematic analysis of national and international researches, legal acts, books and other literature there are identified featured qualification of the felonious homicides under aggravating circumstances that reflect either historical approach of national Legislation or European integration of Legislator
Keywords: Roman-Germanic legislation, Criminal Law, homocide aggravating circumstances.

BETWEEN LEGISLATION AND THE REALITIES OF LIFE: EVERYDAY LIFE OF FAMILIES OF THE PARISH CLERGY OF THE KHARKIV DIOCESE IN THE 19TH - EARLY 20TH CENTURIES.

J. Zacharczenko

doktorant wydziału nauk
historycznych
Narodowego Uniwersytetu w Charkowie Im. W. Karazina m. Charków, Ukraina
Anotation. The paper presents an attempt to analyze everyday life of families of the parish clergy in the Russian Empire in the 19th - early 20th centuries against the background of changes in secular and ecclesiastical legislation through the example of the Kharkiv diocese. Analysis of the patterns of everyday life of family members of the parish clergy makes it possible to reconstruct a certain life style of people belonging to the clerical order. Studies of features of life style of the clergy allow to determine how effective the efforts of church and secular authorities of the Russian Empire were to affect the everyday life of the representatives of the particular estate. Effectiveness of "reform from above" concerning the clergy, especially in the mid-19th century, enables the author to question the "comprehensive nature" of the Great Reforms of Alexander II, particularly with regard to certain estates, such as the clergy.
Keywords: patterns of everyday life, everyday practices, behavioral strategies, family of the parish priest.