Journal №3 (31) vol. 1 / 2020|KELM

LIST OF FILES

JUS TIFYING THE CULTUROLOGICAL BASES OF THE SCHOOL LITERARY EDUCATION CONTENT: METHODOLOGICAL PRINCIPLES

Nataliya Hohol’

Candidate of Pedagogical Sciences (PhD), Associate Professor, Doctoral Student at the Department of History and Philosophy of Education
Institute of Pedagogy
National Academy of Pedagogical Sciences of Ukraine (Kyiv, Ukraine)
ORCID ID: 0000-0003-0780-6237
Anotation. The article is concerned with the methodological principles of justifying the culturological bases of the school literary education content in the historical and pedagogical context: dialectical, historicism, unity of logical and historical, systemic, objectivity, comprehensiveness, meaningful analysis, progression (succession). The author has established the fact that examining the culturological bases of the school literary education content is conducted on the basis of the systemic analysis of normative documents, educational and methodological literature, and numerous sources, which present information about the genesis of school literary education proceeding from culturological approach. The paper emphasizes that the use of these methodological principles allows illustrating the genesis of researchers’ pedagogical and methodological ideas on this issue in the historical and pedagogical context. The constructive-critical comprehension of the historical and pedagogical origins of this problem necessitates the use of productive theoretical and methodological achievements of researchers for effective developing the modern theory and practice of teaching literature on the basis of culturological approach in general secondary education institutions.
Keywords: The article is concerned with the methodological principles of justifying the culturological bases of the school literary education content in the historical and pedagogical context: dialectical, historicism, unity of logical and historical, systemic, objectivity, comprehensiveness, meaningful analysis, progression (succession). The author has established the fact that examining the culturological bases of the school literary education content is conducted on the basis of the systemic analysis of normative documents, educational and methodological literature, and numerous sources, which present information about the genesis of school literary education proceeding from culturological approach. The paper emphasizes that the use of these methodological principles allows illustrating the genesis of researchers’ pedagogical and methodological ideas on this issue in the historical and pedagogical context. The constructive-critical comprehension of the historical and pedagogical origins of this problem necessitates the use of productive theoretical and methodological achievements of researchers for effective developing the modern theory and practice of teaching literature on the basis of culturological approach in general secondary education institutions.

MEDICAL TRAINING OF MASTERS IN LEADING UNIVERSITIES OF CHINA

Oksana Dudina

Candidate of Pedagogical Sciences, Lecturer at the Department of Languages and Humanities
Donetsk National Medical University (Lyman, Donetsk region, Ukraine)
ORCID ID: 0000-0003-0405-5837
Anotation. The scientific article analyzes the pedagogical and scientific-methodical works of the domestic and foreign scientists in medicine at the leading Chinese universities and identifies the theoretical foundations of such training, including the content and peculiarities of professional medical training of masters in medicine. The study describes the organization of training of masters in medicine in the universities of China, in particular, the structure of teaching and training of specialists in medicine. Medical training of masters in China has a goal, which is realized in the content of education – the development of professional competences, the ability to apply advanced medical experience in professional activities. The curricula of Chinese higher education institutions for masters’ training in medicine were analyzed and found to consist of three blocks: basic medical education, clinical medical education, elective courses in basic sciences and clinical education, and internship training. The article theoretically substantiates the main structural features of academic training of masters in medicine at leading universities in China and summarizes the experience of training masters in medicine, which revealed a wide range of disciplines and specific features of university training programs at the master’s level.
Keywords: The scientific article analyzes the pedagogical and scientific-methodical works of the domestic and foreign scientists in medicine at the leading Chinese universities and identifies the theoretical foundations of such training, including the content and peculiarities of professional medical training of masters in medicine. The study describes the organization of training of masters in medicine in the universities of China, in particular, the structure of teaching and training of specialists in medicine. Medical training of masters in China has a goal, which is realized in the content of education – the development of professional competences, the ability to apply advanced medical experience in professional activities. The curricula of Chinese higher education institutions for masters’ training in medicine were analyzed and found to consist of three blocks: basic medical education, clinical medical education, elective courses in basic sciences and clinical education, and internship training. The article theoretically substantiates the main structural features of academic training of masters in medicine at leading universities in China and summarizes the experience of training masters in medicine, which revealed a wide range of disciplines and specific features of university training programs at the master’s level.

DEVELOPMENT OF INNOVATION ACTIVITY IN AMERICAN MEDICAL COLLEGES (1914–1980S): A BRIEF REVIEW

Alla Kulichenko

Candidate of Pedagogical Sciences, Associate Professor, Associate Professor at the Department of Foreign Languages, Zaporizhzhia State Medical University (Zaporizhzhia, Ukraine), Postdoctoral Researcher at the Department of Pedagogy
Sumy State Pedagogical University named after A. S. Makarenko (Sumy, Ukraine)
ORCID ID: 0000-0003-1469-3816
Anotation. In the 20th century within the intensive development of innovations, the USA became a world leader in the field of medical education. To describe the best innovation activity we have used such research methods as analysis, synthesis, systematization, generalization of scientific and pedagogical sources of different years of the 20th and 21st centuries, as well as the method of pedagogical reconstruction and the problem-chronological one. In the article, we have highlighted three periods of the 20th century. Thus, the period of education (1914–1939) marked mandatory admission to internship; emergence of residency; in the 1930s there was a combination of education and research. The research period (1939–1965) dealt with increased attention to mental health; reducing the period of study from 4 to 3 years without reducing the curriculum; reducing the length of internship and residency; grants for basic research; the emergence of biomedical research; curriculum development, based on the study of organs and systems of the human body; the emergence of the term “multiversity”; short-term independence of medical colleges from universities. The period of medical care (1965 – the 1980s) revealed the Medicare and the Medicaid, the emergence of a new speciality – family practice; family medicine development; curriculum for future doctors of primary health care in rural areas; development and implementation of the New Pathway curriculum. In the future, we will cover the innovative activity of American medical colleges in the late 20th century and at the beginning of the 21st century.
Keywords: In the 20th century within the intensive development of innovations, the USA became a world leader in the field of medical education. To describe the best innovation activity we have used such research methods as analysis, synthesis, systematization, generalization of scientific and pedagogical sources of different years of the 20th and 21st centuries, as well as the method of pedagogical reconstruction and the problem-chronological one. In the article, we have highlighted three periods of the 20th century. Thus, the period of education (1914–1939) marked mandatory admission to internship; emergence of residency; in the 1930s there was a combination of education and research. The research period (1939–1965) dealt with increased attention to mental health; reducing the period of study from 4 to 3 years without reducing the curriculum; reducing the length of internship and residency; grants for basic research; the emergence of biomedical research; curriculum development, based on the study of organs and systems of the human body; the emergence of the term “multiversity”; short-term independence of medical colleges from universities. The period of medical care (1965 – the 1980s) revealed the Medicare and the Medicaid, the emergence of a new speciality – family practice; family medicine development; curriculum for future doctors of primary health care in rural areas; development and implementation of the New Pathway curriculum. In the future, we will cover the innovative activity of American medical colleges in the late 20th century and at the beginning of the 21st century.

MODEL OF FORMATION OF ART-THERAPEUTIC COMPETENCE OF FUTURE TEACHERS OF MUSIC ART

Erika Kutsin

Senior Lecturer at the Department of Theory and Methods of Music Education
Mukachevo State University (Mukachevo, Transcarpathian region, Ukraine)
ORCID ID: 0000-0002-1901-7422
Anotation. The provisions of the scientific article analyze the opinions of scientists on possible models of arttherapeutic competence in higher education students in the field of “music teacher”. The term “art therapy” (art therapy) means healing through creativity in order to express a person’s psycho-emotional state. The use of art therapy in music lessons is a very effective mechanism for setting students to calm down, relax, rest and transition from nervous to calm. The article proposes conceptual provisions for the formation of art-therapeutic competence of future music teachers at the stages of higher education. For effective learning, modern teachers must use the latest tools. Given the heavy burden on the psycho-emotional state of modern students, it is worth testing the methods of atr-therapeutic competence.
Keywords: The provisions of the scientific article analyze the opinions of scientists on possible models of arttherapeutic competence in higher education students in the field of “music teacher”. The term “art therapy” (art therapy) means healing through creativity in order to express a person’s psycho-emotional state. The use of art therapy in music lessons is a very effective mechanism for setting students to calm down, relax, rest and transition from nervous to calm. The article proposes conceptual provisions for the formation of art-therapeutic competence of future music teachers at the stages of higher education. For effective learning, modern teachers must use the latest tools. Given the heavy burden on the psycho-emotional state of modern students, it is worth testing the methods of atr-therapeutic competence.

FEATURES OF COMMUNICATION OF THE EDUCATOR WITH CHILDREN OF INTERNALLY DISPLACED PERSONS

Mariana Nezamay

Graduate Student at the Department of Theory and Methods of Preschool and Special Education
Vasyl Stefanyk Precarpathian National University (Ivano-Frankivsk, Ukraine)
ORCID ID: 0000-0003-3358-3372
Anotation. The article reveals the features of pedagogical communication; in particular, the specifics and basic conditions of the organization of communication between the educator of the preschool institution and internally displaced children are analyzed. The appearance of this category of children, due to forced displacement due to hostilities in the eastern part of Ukraine, involves taking into account this aspect in the organization of communication. The efficiency of the communication process, in our opinion, will ensure that a number of conditions are taken into account. Among them we distinguish: positive, emotionally colored attitude of the educator; perfect mastery of verbal and nonverbal means of communication and active listening skills; correct expression of one's feelings and emotions; dialogic communication with the dominant on the companion; taking into account age and individual characteristics; ability to notice and adequately respond to nonverbal signals of preschoolers; teachers have communicative qualities of speech (correctness, expressiveness, accuracy, clarity, expediency); application of humanistic and personality oriented approach; creating a comfortable pedagogical atmosphere.
Keywords: The article reveals the features of pedagogical communication; in particular, the specifics and basic conditions of the organization of communication between the educator of the preschool institution and internally displaced children are analyzed. The appearance of this category of children, due to forced displacement due to hostilities in the eastern part of Ukraine, involves taking into account this aspect in the organization of communication. The efficiency of the communication process, in our opinion, will ensure that a number of conditions are taken into account. Among them we distinguish: positive, emotionally colored attitude of the educator; perfect mastery of verbal and nonverbal means of communication and active listening skills; correct expression of one's feelings and emotions; dialogic communication with the dominant on the companion; taking into account age and individual characteristics; ability to notice and adequately respond to nonverbal signals of preschoolers; teachers have communicative qualities of speech (correctness, expressiveness, accuracy, clarity, expediency); application of humanistic and personality oriented approach; creating a comfortable pedagogical atmosphere.

DECONSTRUCTION OF THE CONCEPT “CULTURE”

Kateryna Bieliakova, Karim El Guessab

Kateryna Bieliakova. Postgraduate at the Department of Social Philosophy and Administration, Zaporizhzhia National University (Zaporizhzhia, Ukraine)
Karim El Guessab. PhD, Associate Professor, Associate Professor at the Department of Social Philosophy and Administration, Zaporizhzhia National University (Zaporizhzhia, Ukraine)
ORCID ID: 0000-0002-4636-1157, ORCID ID: 0000-0002-4636-1157
Anotation. The article is an attempt to conceptualize the socio-philosophical concept of “culture”. According to the authors, this goal can be achieved using the dialectical method by means of deconstruction. By overcoming the binary opposition of nature and culture, the authors show how in the process of transforming the natural environment by combining its various elements into complexes that form practical tools and practical objects and bringing them into interaction, sufficiently highly developed natural beings transform natural resources into artifacts that make up material, spiritual and anthropic branches of culture, transforming themselves in this process into beings of a different kind than animals, that is people. It is shown that during this process, as the mass of cultural artifacts increases, the volume of culture development increases as well, which, as a rule, leads to an increase in the level of its development. The very process of cultural development, considered from the point of view of its intensity, is defined as the pace of its development.
Keywords: The article is an attempt to conceptualize the socio-philosophical concept of “culture”. According to the authors, this goal can be achieved using the dialectical method by means of deconstruction. By overcoming the binary opposition of nature and culture, the authors show how in the process of transforming the natural environment by combining its various elements into complexes that form practical tools and practical objects and bringing them into interaction, sufficiently highly developed natural beings transform natural resources into artifacts that make up material, spiritual and anthropic branches of culture, transforming themselves in this process into beings of a different kind than animals, that is people. It is shown that during this process, as the mass of cultural artifacts increases, the volume of culture development increases as well, which, as a rule, leads to an increase in the level of its development. The very process of cultural development, considered from the point of view of its intensity, is defined as the pace of its development.

ACTUALIZATION OF ETHNOCONCEPTS IN THE IMAGE OF THE NARRATOR OF MODERN ENGLISH AMERINDIAN PROSE

Liana Varchuk

PhD Student
Kyiv National Linguistic University (Kyiv, Ukraine)
ORCID ID: 0000-0002-8122-5142
Anotation. In the article, based on the textual interpretation of fragments and conceptual analysis of the semantics of modern Amerindian prose texts, in which the narrator ornamentally tells about the life, culture, worldview, ethnorealities and attitudes of modern Americans with Indian roots, we found ethnoconcepts: NATURE, BALANCE, EQUILIBRIUM, MEMORY, as well as verbal means of their actualization. In this paper, ethnocultural concepts are functionally considered as forms of actualization of modern Americans to the realities of ethnocultural value, as well as their conceptual dominants, which are based on values, as well as material or spiritual embodiment of objects of ethnocultural values. In the process of their analysis we use the method of reconstruction of the influence of the surrounding reality (cultural, geographical, existential) on their formation. Ethnocultural concepts have a symbolic nature and are manifested in the field of semantic value orientations.
Keywords: In the article, based on the textual interpretation of fragments and conceptual analysis of the semantics of modern Amerindian prose texts, in which the narrator ornamentally tells about the life, culture, worldview, ethnorealities and attitudes of modern Americans with Indian roots, we found ethnoconcepts: NATURE, BALANCE, EQUILIBRIUM, MEMORY, as well as verbal means of their actualization. In this paper, ethnocultural concepts are functionally considered as forms of actualization of modern Americans to the realities of ethnocultural value, as well as their conceptual dominants, which are based on values, as well as material or spiritual embodiment of objects of ethnocultural values. In the process of their analysis we use the method of reconstruction of the influence of the surrounding reality (cultural, geographical, existential) on their formation. Ethnocultural concepts have a symbolic nature and are manifested in the field of semantic value orientations.

NARODOWA SAMOIDENTYFIKACJA UKRAIŃCÓW NA LINII OGNIA I PO OBU STRONACH FRONTU (NA MATERIALE WSPÓŁCZESNEJ PROZY O WYDARZENIACH WOJSKOWYCH NA WSCHODZIE UKRAINY)

Ivanna Volosianko

aspirantka Podkarpackiego Uniwersytetu Narodowego im. Wasyla Stefanika, asystentka Katedry Tłumaczeń i Filologii
Uniwersytetu Króla Daniela (Iwano-Frankiwsk, Ukraina)
ORCID ID: 0000-0003-0761-1587
Anotation. Wojna hybrydowa jest nowoczesną odmianą wojny domowej, ale za jej kulisami zawsze znajduje się cyniczny lalkarz. W tym samym czasie wojna na Wschodzie dokonała własnych korekt w świadomości obywateli ukraińskich. Na podstawie materiałów współczesnej ukraińskiej prozy o wydarzeniach wojskowych na Ukrainie, w szczególności powieści „W Szarej Strefie” J. Struciuka, powieści „Dzikie Pole” L. Kapelusznego i „Proces Mariupolski” G. Wdowiczenki, powieści w nowelach „Muśka” G. Arsenich-Baran, badania popularnonaukowego „Niebratni” Maksa Kindruka, opowiadania filmowego „UKRY” B. Żołdaka dokonano analizy cech powstawania świadomości narodowej i narodowej tożsamości głównych bohaterów i jasnych postaci drugorzędnych. Przez pryzmat markerów samoidentyfikacji Ukraińców na linii ognia i po obu stronach frontu (zarówno wśród ludności cywilnej, jak i wśród wojskowych) ustalono, że interesy ukraińsko-centrystyczne stają się coraz bardziej dominujące w środowisku pewnej części ukraińskiej młodzieży, która znalazła się w szeregach separatystów. Tak więc w powieści G. Wdowiczenki „Proces Mariupolski” opisano Ukrainkę z Donbasu Olgę i Galiczanina Romana, którzy bardzo szybko przekonują się, że między nimi jest więcej wspólnego niż odmiennego, a tym bardziej – wrażego; z powodu miłości znikają bariery między potencjalnymi wrogami. Za pomocą metodologicznych narzędzi badawczych – hermeneutycznego, opisowego, porównawczo-typologicznego, systemowo-funkcjonalnego – ujawniono problematyczny aspekt współczesnej ukraińskiej prozy antymilitarnej. W powieści Leonida Kapelusznego „Dzikie Pole” wyjaśniono, że obraz Pawła Gorłacza jest neoromantyczny, ponieważ samo dzieło jest napisane w stylu modernizmu, a nawet megamodernizmu. Jednak młody człowiek jest czasami bardzo ufny, a starsze pokolenie w tym samym dziele ma bardziej wyważoną opinię. Na przykład wujek Sergij słusznie mówi, że po zakończeniu II wojny światowej prawie cała Europa została wykluczona z faszyzmu z wielkim bólem, ponieważ była pod wpływem propagandy hitlerowskiej. Z przygód Pawła Gorłacza na okupowanym terytorium czytelnikom staje się jasne, że na kształtowanie się młodej osobowości, a mianowicie tacy są uczestnicy operacji antyterrorystycznej (ATO) i ich rówieśnicy po przeciwnej stronie barykad, wpływa wiele czynników, wśród których najważniejsze jest wiek. Na podstawie badań okazało się, że we współczesnej ukraińskiej prozie o wojnie na Wschodzie dominują idee antyhumanizmu i alogiczności wojny, dlatego ważne stało się ujawnienie passionarności i ucieleśnienie idei państwa w warunkach współczesnych wyzwań naszej niezależności i soborności.
Keywords: Wojna hybrydowa jest nowoczesną odmianą wojny domowej, ale za jej kulisami zawsze znajduje się cyniczny lalkarz. W tym samym czasie wojna na Wschodzie dokonała własnych korekt w świadomości obywateli ukraińskich. Na podstawie materiałów współczesnej ukraińskiej prozy o wydarzeniach wojskowych na Ukrainie, w szczególności powieści „W Szarej Strefie” J. Struciuka, powieści „Dzikie Pole” L. Kapelusznego i „Proces Mariupolski” G. Wdowiczenki, powieści w nowelach „Muśka” G. Arsenich-Baran, badania popularnonaukowego „Niebratni” Maksa Kindruka, opowiadania filmowego „UKRY” B. Żołdaka dokonano analizy cech powstawania świadomości narodowej i narodowej tożsamości głównych bohaterów i jasnych postaci drugorzędnych. Przez pryzmat markerów samoidentyfikacji Ukraińców na linii ognia i po obu stronach frontu (zarówno wśród ludności cywilnej, jak i wśród wojskowych) ustalono, że interesy ukraińsko-centrystyczne stają się coraz bardziej dominujące w środowisku pewnej części ukraińskiej młodzieży, która znalazła się w szeregach separatystów. Tak więc w powieści G. Wdowiczenki „Proces Mariupolski” opisano Ukrainkę z Donbasu Olgę i Galiczanina Romana, którzy bardzo szybko przekonują się, że między nimi jest więcej wspólnego niż odmiennego, a tym bardziej – wrażego; z powodu miłości znikają bariery między potencjalnymi wrogami. Za pomocą metodologicznych narzędzi badawczych – hermeneutycznego, opisowego, porównawczo-typologicznego, systemowo-funkcjonalnego – ujawniono problematyczny aspekt współczesnej ukraińskiej prozy antymilitarnej. W powieści Leonida Kapelusznego „Dzikie Pole” wyjaśniono, że obraz Pawła Gorłacza jest neoromantyczny, ponieważ samo dzieło jest napisane w stylu modernizmu, a nawet megamodernizmu. Jednak młody człowiek jest czasami bardzo ufny, a starsze pokolenie w tym samym dziele ma bardziej wyważoną opinię. Na przykład wujek Sergij słusznie mówi, że po zakończeniu II wojny światowej prawie cała Europa została wykluczona z faszyzmu z wielkim bólem, ponieważ była pod wpływem propagandy hitlerowskiej. Z przygód Pawła Gorłacza na okupowanym terytorium czytelnikom staje się jasne, że na kształtowanie się młodej osobowości, a mianowicie tacy są uczestnicy operacji antyterrorystycznej (ATO) i ich rówieśnicy po przeciwnej stronie barykad, wpływa wiele czynników, wśród których najważniejsze jest wiek. Na podstawie badań okazało się, że we współczesnej ukraińskiej prozie o wojnie na Wschodzie dominują idee antyhumanizmu i alogiczności wojny, dlatego ważne stało się ujawnienie passionarności i ucieleśnienie idei państwa w warunkach współczesnych wyzwań naszej niezależności i soborności.

MENTALITY OF SERBIA’S RUTHENIANS AND ITS INFLUENCE ON PERSONALITY FORMATION OF FR. HAVRIIL KOSTELNYK

Volodymyr Ivasikiv

Ph. D. Student at the Department of Source Studies and Special Historical Disciplines
National Pedagogical Dragomanov University (Kyiv, Ukraine)
ORCID ID: 0000-0001-7895-4793
Anotation. The article is dedicated to the mentality of the Ruthenians of Bachka and Ruski Kerestur, their behavioral stereotypes, traditions, habits, public consciousness and psychology, attitude to other ethnic groups and nationalities and coexistence with them. Also the author focuses on the problem of assimilative influences of other nationalities (Serbs, Croats, Hungarians) on the Ruthenians, which manifested itself in their unique, specific language, as well as in material and spiritual culture. The confessional situation in Southern Hungary in the XIX and early XX centuries and its influences on the processes of ethnic consolidation, assimilation and national self-identification of Ruthenians have been studied. Using the methods of historical prosopography and biography, we reconstructed the influence of the Ruthenian mentality on the person of Fr. Havriil Kostelnyk, on the formation of his worldview, temperament, psychology, social communication and behavioral stereotypes. Based on the source base and achievements of historiography, the author concludes that the ethnopsychological influence of Rusynism on the person of Fr. Havriil Kostelnyk was founded in childhood and manifests in his character, temperament and behavior throughout his life. In addition, the study analyzed the scientific contribution of Fr. Havriil on the issue of popularization of the phenomenon of Rusynism in Serbian Vojvodina among the scientific community of Europe and Galicia, because the scientist was the first who codified and systematized the Bachvan-Ukrainian dialect, and also entered the history of the Ruthenians of Bachka and Ruski Kerestur as the first historiographer, which makes him one of the most authoritative scholars and public figures of the Ruthenians.
Keywords: The article is dedicated to the mentality of the Ruthenians of Bachka and Ruski Kerestur, their behavioral stereotypes, traditions, habits, public consciousness and psychology, attitude to other ethnic groups and nationalities and coexistence with them. Also the author focuses on the problem of assimilative influences of other nationalities (Serbs, Croats, Hungarians) on the Ruthenians, which manifested itself in their unique, specific language, as well as in material and spiritual culture. The confessional situation in Southern Hungary in the XIX and early XX centuries and its influences on the processes of ethnic consolidation, assimilation and national self-identification of Ruthenians have been studied. Using the methods of historical prosopography and biography, we reconstructed the influence of the Ruthenian mentality on the person of Fr. Havriil Kostelnyk, on the formation of his worldview, temperament, psychology, social communication and behavioral stereotypes. Based on the source base and achievements of historiography, the author concludes that the ethnopsychological influence of Rusynism on the person of Fr. Havriil Kostelnyk was founded in childhood and manifests in his character, temperament and behavior throughout his life. In addition, the study analyzed the scientific contribution of Fr. Havriil on the issue of popularization of the phenomenon of Rusynism in Serbian Vojvodina among the scientific community of Europe and Galicia, because the scientist was the first who codified and systematized the Bachvan-Ukrainian dialect, and also entered the history of the Ruthenians of Bachka and Ruski Kerestur as the first historiographer, which makes him one of the most authoritative scholars and public figures of the Ruthenians.

IMAGE-SCHEMATIC MODELLING OF IRRATIONAL VOCABULARY SEMANTICS (BASED ON THE UKRAINIAN, ENGLISH, AND GERMAN LANGUAGES)

Anastasiia Kinashchuk

PhD Student at the Department of Romanсe and Germanic Philology of the Faculty of Foreign Philology
Rivne State University of the Humanities (Rivne, Ukraine)
ORCID ID: 0000-0002-5675-240X
Anotation. The paper focuses on the image-scheme modelling of irrational vocabulary in the Ukrainian, English and German languages. The study presents irrational vocabulary as a semantic class of words denoting those aspects of human’s world perception that are not connected with rational thinking. Image-schematic modelling proceeds from the assumption that it is an abstract model that underlies a basic characteristic of human’s comprehension of the world in the process of cognition. The study outlines fourteen types of image-schemes according to M. Johnson’s classification dealing with main special relations between vectors of different powers represented as rational and irrational ones. The paper concludes that irrational vocabulary serves as a powerful resource to be implemented in image-schemes and interpreted in similar and different ways in the Ukrainian, English and German languages.
Keywords: The paper focuses on the image-scheme modelling of irrational vocabulary in the Ukrainian, English and German languages. The study presents irrational vocabulary as a semantic class of words denoting those aspects of human’s world perception that are not connected with rational thinking. Image-schematic modelling proceeds from the assumption that it is an abstract model that underlies a basic characteristic of human’s comprehension of the world in the process of cognition. The study outlines fourteen types of image-schemes according to M. Johnson’s classification dealing with main special relations between vectors of different powers represented as rational and irrational ones. The paper concludes that irrational vocabulary serves as a powerful resource to be implemented in image-schemes and interpreted in similar and different ways in the Ukrainian, English and German languages.

ABBREVIATION AS ONE OF THE LEXICOGENESIC RESOURCES OF THE FOOTBALL LANGUAGE (BASED ON THE MATERIALS OF THE SPANISH NEWSPAPERS)

Serhii Lysiuk

Postgraduate Student at the Department of French Philology
Ivan Franko National University of Lviv (Lviv, Ukraine)
ORCID ID: 0000-0001-7265-0772
Anotation. The XX – XXI centuries are marked by great transformations and new challenges in social life. The growing development of new technologies and the rapid diffusion of the media lead the world to informational overload, in the face of which human interaction limited in time and space undergoes changes, being forced to seek new ways of presenting daily reality in short and concise manner. The lexicogenic process that best corresponds to these pragmatic purposes is abbreviation. The objective of this article is to present the analysis of abbreviation as one of the productive resources of lexical creation, which is used by the sports press when presenting events in the world of football. In the present work, a detailed classification of the abbreviated procedures involved in the soccer language of the Spanish press is carried out.
Keywords: The XX – XXI centuries are marked by great transformations and new challenges in social life. The growing development of new technologies and the rapid diffusion of the media lead the world to informational overload, in the face of which human interaction limited in time and space undergoes changes, being forced to seek new ways of presenting daily reality in short and concise manner. The lexicogenic process that best corresponds to these pragmatic purposes is abbreviation. The objective of this article is to present the analysis of abbreviation as one of the productive resources of lexical creation, which is used by the sports press when presenting events in the world of football. In the present work, a detailed classification of the abbreviated procedures involved in the soccer language of the Spanish press is carried out.

FORMATION OF HIGHER EDUCATION IN UKRAINЕ: RECEPTION OF KYIV ACADEMIC HISTORIANS OF 19tH – EARLY 20th CENTURY

Luidmila Pastushenko

PhD, Associate Professor at the Department of Philosophy and Religion Studies
National University of “Kyiv-Mohyla Academy” (Kyiv, Ukraine)
ORCID ID: 0000-0002-0619-7321
Anotation. The article presents the analysis of Kyiv academic historians views of the nineteenth – early 19th century on educational and scientific traditions in Kyiv-Mohyla Academy. It was established that the study of this issue in the works of Kiev historians took place through the prism of a more general problem of interfaith relations in Ukraine in the XVII century. The European context of researches of Kyiv academic historians, which was expressed in the consideration of education and science at the Academy in the perspective of the discussion problem of relations between Western European and domestic traditions, has been proved. Demonstrated the presence in the Kyiv academic environment of two opposing positions (pro-Western and pro-Russian) on the interpretation of the place and importance of European influences on the formation of Ukrainian higher education and science. The analysis of Kyiv historians views distinguishes the specific consideration of the history of education and science in Ukraine in the Kiev academic environment, proves the difference in the interpretation of education and culture events within the framework of the Kiev historical school from the Russian historiography in the 19th century.
Keywords: The article presents the analysis of Kyiv academic historians views of the nineteenth – early 19th century on educational and scientific traditions in Kyiv-Mohyla Academy. It was established that the study of this issue in the works of Kiev historians took place through the prism of a more general problem of interfaith relations in Ukraine in the XVII century. The European context of researches of Kyiv academic historians, which was expressed in the consideration of education and science at the Academy in the perspective of the discussion problem of relations between Western European and domestic traditions, has been proved. Demonstrated the presence in the Kyiv academic environment of two opposing positions (pro-Western and pro-Russian) on the interpretation of the place and importance of European influences on the formation of Ukrainian higher education and science. The analysis of Kyiv historians views distinguishes the specific consideration of the history of education and science in Ukraine in the Kiev academic environment, proves the difference in the interpretation of education and culture events within the framework of the Kiev historical school from the Russian historiography in the 19th century.

THE CATEGORY OF NEGATION AS A COMPONENT OF MENTALITY AND LANGUAGE: CONTRASTIVE DIMENSION

Tetiana Chrdileli

PhD. in Philology, Associate Professor, Associate Professor at the Translation Department
Kremenchuk Mykhailo Ostrohradskyi National University (Kremenchuk, Poltava region, Ukraine)
ORCID ID: 0000-0002-8257-9911
Anotation. The paper deals with the problems of logic-psychological and lingual-cognitive basics of negation category. This approach determined the purpose of our research – to highlight the variability of means to express negations in English in comparison with Ukrainian focusing on their pragmatic functionality. The comprehensive study of the negation presupposes the usage of such linguistic methods as: the functionalsemantic analysis to determine the function of negative constructs in the unity of their form and meaning considering the explicit and implicit expression of negative semantics; the descriptive method to single out, classify and interpret the units of analyses; the contrastive method to determine the differences between the negative constructs in English and Ukrainian. The peculiarities of using negative constructs by representatives of different linguistic and cultural communities are defined within the framework of logical and psychological methods, including a psycholinguistic experiment, to determine the correlation of the linguistic units with the units of thinking. The findings of the research prove that the usage of negation, especially in argumentation, is a cognitive problem which to some extent complicates the act of communication. Logical negation is a language universal pertaining to all languages, but expressed by different means. Specific negative quantifiers are employed to form the focus of negation explicitly, and in this way to increase the categorical aspect of an utterance. The usage of implicit negation is stipulated by the situation and it demands certain language and communicative competence to interpret. This assertion has been proved in the course of our experiment. Conclusion. The peculiarity of the category of negation is viewed in its duality: on the one hand, it is a linguistic category, which manifests itself through different linguistic units at different linguistic levels; on the other hand, it is a mental category that reflects the existing norms of consciousness in a certain linguistic and cultural community
Keywords: The paper deals with the problems of logic-psychological and lingual-cognitive basics of negation category. This approach determined the purpose of our research – to highlight the variability of means to express negations in English in comparison with Ukrainian focusing on their pragmatic functionality. The comprehensive study of the negation presupposes the usage of such linguistic methods as: the functionalsemantic analysis to determine the function of negative constructs in the unity of their form and meaning considering the explicit and implicit expression of negative semantics; the descriptive method to single out, classify and interpret the units of analyses; the contrastive method to determine the differences between the negative constructs in English and Ukrainian. The peculiarities of using negative constructs by representatives of different linguistic and cultural communities are defined within the framework of logical and psychological methods, including a psycholinguistic experiment, to determine the correlation of the linguistic units with the units of thinking. The findings of the research prove that the usage of negation, especially in argumentation, is a cognitive problem which to some extent complicates the act of communication. Logical negation is a language universal pertaining to all languages, but expressed by different means. Specific negative quantifiers are employed to form the focus of negation explicitly, and in this way to increase the categorical aspect of an utterance. The usage of implicit negation is stipulated by the situation and it demands certain language and communicative competence to interpret. This assertion has been proved in the course of our experiment. Conclusion. The peculiarity of the category of negation is viewed in its duality: on the one hand, it is a linguistic category, which manifests itself through different linguistic units at different linguistic levels; on the other hand, it is a mental category that reflects the existing norms of consciousness in a certain linguistic and cultural community

PRINCIPAL STRUCTURAL LAYOUT MODEL AS A TYPICAL APPROACH IN THE FORMATION OF TELEVISION ISSUES

Dmytro Telenkov

Honoured Journalist of Ukraine, Graduate Student at the Department of Publishing and Editing Institute of Journalism
Taras Shevchenko National University of Kyiv (Kyiv, Ukraine)
ORCID ID: 0000-0001-9615-0342
Anotation. In the provisions of the scientific article the author analyzes the opinions of scientists on the problems of social communications and journalism in Ukraine and abroad on the modern interpretation of the concept “the basic structural model of the layout of new television”. The author uses general scientific methods: analysis, synthesis, method of fact selection, classification, modelling. As well as conducting an empirical study – a survey of graduates and editors-in-chief of Ukrainian TV channels. The author offers an author’s definition of the concept of TV news model. The author comes to the conclusion that the layout model is a typical approach in the formation of TV news releases. The structure of the TV news layout model includes the principles of selecting and ranking topics, ways of presenting information and broadcast techniques. In turn, the principles of selection and ranking of topics are related to the guiding approaches to the selection and ranking of topics, the fundamental ideological principles of news production. Ways of presenting information are related to the leading approaches to the formation of TV news, systems of techniques that provide an opportunity to make a full-fledged news release. The techniques of TV news layout are related to the guiding approaches of the techniques, thanks to which the news program has a structured look, formed layout. Thus, in the conditions of modern television production, the developed model of news layout is the basis for operative and coordinated preparation of the issue, management of the TV channel’s discourse.
Keywords: In the provisions of the scientific article the author analyzes the opinions of scientists on the problems of social communications and journalism in Ukraine and abroad on the modern interpretation of the concept “the basic structural model of the layout of new television”. The author uses general scientific methods: analysis, synthesis, method of fact selection, classification, modelling. As well as conducting an empirical study – a survey of graduates and editors-in-chief of Ukrainian TV channels. The author offers an author’s definition of the concept of TV news model. The author comes to the conclusion that the layout model is a typical approach in the formation of TV news releases. The structure of the TV news layout model includes the principles of selecting and ranking topics, ways of presenting information and broadcast techniques. In turn, the principles of selection and ranking of topics are related to the guiding approaches to the selection and ranking of topics, the fundamental ideological principles of news production. Ways of presenting information are related to the leading approaches to the formation of TV news, systems of techniques that provide an opportunity to make a full-fledged news release. The techniques of TV news layout are related to the guiding approaches of the techniques, thanks to which the news program has a structured look, formed layout. Thus, in the conditions of modern television production, the developed model of news layout is the basis for operative and coordinated preparation of the issue, management of the TV channel’s discourse.

PUBLIC COERCION AS A CATEGORY OF LAW: A CONTEMPORARY APPROACH

Razmik Arakelian

Graduate Student at the Department of General Theoretical Jurisprudence
National University “Odessa Law Academy” (Odessa, Ukraine)
ORCID ID: 0000-0002-8547-8833
Anotation. Public coercion is one of the main instruments by which the rule of law is implemented. The right without coercion is powerless, and turns into nothing more than a declaration of good intentions. There are many studies that examine the public coercion in certain areas of law, but there is a lack of scientific publications that would explore the concept of public coercion as a special legal category. The aim of the article is to identify modern views on the concept of public coercion in the theory of law. Using the analytical, synthetic, hermeneutic and axiological methods, the article reveals the place of public coercion in law. It is established that public coercion consists in the realization of the state will by encouraging individuals to choose only lawful options for behaviour. It is emphasized that the effectiveness of public coercion is determined by its use only by authorized entities, and in accordance with the procedure established by law, which determines the legitimacy of public coercion.
Keywords: Public coercion is one of the main instruments by which the rule of law is implemented. The right without coercion is powerless, and turns into nothing more than a declaration of good intentions. There are many studies that examine the public coercion in certain areas of law, but there is a lack of scientific publications that would explore the concept of public coercion as a special legal category. The aim of the article is to identify modern views on the concept of public coercion in the theory of law. Using the analytical, synthetic, hermeneutic and axiological methods, the article reveals the place of public coercion in law. It is established that public coercion consists in the realization of the state will by encouraging individuals to choose only lawful options for behaviour. It is emphasized that the effectiveness of public coercion is determined by its use only by authorized entities, and in accordance with the procedure established by law, which determines the legitimacy of public coercion.

TASKS OF TECHNICAL-FORENSIC RESEARCH IN CRIME INVESTIGATION

Vitalii Areshonkov

Candidate of Law Science, Senior Researcher, Leading Researcher of the Scientific Laboratory on the Problems of Combating Crime
National Academy of Internal Affairs (Kyiv, Ukraine)
ORCID ID: 0000-0003-1776-1220
Anotation. The article is devoted to the analysis of problems that can be solved with the help of technical-forensic research. It states that since such a category as “technical-forensic research” is new to domestic criminalistics, their tasks have not been outlined so far. Based on the views of scientists on the general tasks of certain types of technical-forensic research, the general task of technical-forensic research as a separate category of forensic technology is defined. It consists in collecting indicative or evidentiary information that can be obtained by searching, identifying and studying objects during (as a result of) investigative (search) actions and outside them using special forensic knowledge and forensic methods and tools. It is emphasized that the separate tasks of technical and forensic researches are the general tasks of their separate varieties. In general, these include: search, which is carried out in order to identify trace information; its subsequent review – in order to establish the characteristics and properties of objects; preliminary research and verification of records – in order to obtain indicative and investigative information; as well as criminalistic examinations – in order to obtain evidentiary information about the event of the crime and the person who committed it or is involved in it. It is determined that the specific tasks of technical-forensic research mean the solution of specific issues of these studies. It is emphasized that the logical sequence of individual tasks of technical-forensic research is manifested in the fact that without performing the task of the previous type of technical-forensic research it is impossible to implement the next. According to the authors, the close relationship and clear sequence of implementation of the tasks of technical-forensic research is an important factor in justifying that these studies are a holistic technology. It is noted that starting from the level of specific tasks of technical-forensic research, they can be divided by the nature of the tasks into identification, classification, diagnostic and situational.
Keywords: The article is devoted to the analysis of problems that can be solved with the help of technical-forensic research. It states that since such a category as “technical-forensic research” is new to domestic criminalistics, their tasks have not been outlined so far. Based on the views of scientists on the general tasks of certain types of technical-forensic research, the general task of technical-forensic research as a separate category of forensic technology is defined. It consists in collecting indicative or evidentiary information that can be obtained by searching, identifying and studying objects during (as a result of) investigative (search) actions and outside them using special forensic knowledge and forensic methods and tools. It is emphasized that the separate tasks of technical and forensic researches are the general tasks of their separate varieties. In general, these include: search, which is carried out in order to identify trace information; its subsequent review – in order to establish the characteristics and properties of objects; preliminary research and verification of records – in order to obtain indicative and investigative information; as well as criminalistic examinations – in order to obtain evidentiary information about the event of the crime and the person who committed it or is involved in it. It is determined that the specific tasks of technical-forensic research mean the solution of specific issues of these studies. It is emphasized that the logical sequence of individual tasks of technical-forensic research is manifested in the fact that without performing the task of the previous type of technical-forensic research it is impossible to implement the next. According to the authors, the close relationship and clear sequence of implementation of the tasks of technical-forensic research is an important factor in justifying that these studies are a holistic technology. It is noted that starting from the level of specific tasks of technical-forensic research, they can be divided by the nature of the tasks into identification, classification, diagnostic and situational.

PECULIARITIES OF SERVING NOTICE OF SUSPICION TO PERSON STAYING IN THE TERRITORY OF THE AUTONOMOUS REPUBLIC OF CRIMEA

Oleksandr Atamanov

Postgraduate Student at the Department of Pre-Trial Investigation Educational and Scientific Institute No. 1
National Academy of Internal Affairs (Kyiv, Ukraine)
ORCID ID: 0000-0002-7637-6392
Anotation. During the research, a system of methods of scientific cognition has been applied: the formal logic (abstraction, analogy, deduction, induction, synthesis) – to study the content of the matter under consideration; the systematic analysis – to outline directions of improvement of criminal procedure legislation of Ukraine; the theoretical approach – in the process of study of scientific, educational and methodological literature. The scientific novelty consists in the systematic analysis of the criminal procedure legislation of Ukraine, taking into account the requirements of international treaties, the consent to binding force of which has been granted by the Verkhovna Rada of Ukraine, as well as determination of theoretical and practical problems, which, if not solved, may lead to non-compliance of the procedural activity of the prosecution when serving a written notice of suspicion to a person who resides and/or stays in the Autonomous Republic of Crimea and the city of Sevastopol, with the objectives of criminal proceeding and the warrantees set out by the international treaties. The ways of solving the given practical problem have been suggested. Based on the results of the conducted research, the following conclusions have been drawn: 1) since the obligation to serve a written notice of suspicion, as an integral part of notifying a person of suspicion, is entrusted with the prosecution, after establishment by whom of the data on the person’s location, residing and/or staying in the Autonomous Republic of Crimea and the city of Sevastopol, it is the obligation of the state of Ukraine to take all available measures to promote and protect the rights of its citizens being temporary beyond its control, by applying the provisions of Section IX of the Criminal Procedure Code of Ukraine by an investigator or prosecutor; 2) when the prosecution establishes data on the person’s location, who resides and/or stays in the Autonomous Republic of Crimea and the city of Sevastopol, an investigator, prosecutor undertakes to apply to the Russian Federation for international legal assistance, for carrying out the relevant procedural actions, namely serving a person with a notice of suspicion, as at present the Russian Federation exercises “effective control” over the temporarily occupied territory of Ukraine, in connection with which it is obliged to guarantee the implementation of Article 1 of the Convention; 3) the procedure for serving a notice of suspicion to a person located in the territory of the Autonomous Republic of Crimea requires legal improvement, taking into account the case law of the European Court of Human Rights and requirements of international treaties, approved by the Verkhovna Rada of Ukraine.
Keywords: During the research, a system of methods of scientific cognition has been applied: the formal logic (abstraction, analogy, deduction, induction, synthesis) – to study the content of the matter under consideration; the systematic analysis – to outline directions of improvement of criminal procedure legislation of Ukraine; the theoretical approach – in the process of study of scientific, educational and methodological literature. The scientific novelty consists in the systematic analysis of the criminal procedure legislation of Ukraine, taking into account the requirements of international treaties, the consent to binding force of which has been granted by the Verkhovna Rada of Ukraine, as well as determination of theoretical and practical problems, which, if not solved, may lead to non-compliance of the procedural activity of the prosecution when serving a written notice of suspicion to a person who resides and/or stays in the Autonomous Republic of Crimea and the city of Sevastopol, with the objectives of criminal proceeding and the warrantees set out by the international treaties. The ways of solving the given practical problem have been suggested. Based on the results of the conducted research, the following conclusions have been drawn: 1) since the obligation to serve a written notice of suspicion, as an integral part of notifying a person of suspicion, is entrusted with the prosecution, after establishment by whom of the data on the person’s location, residing and/or staying in the Autonomous Republic of Crimea and the city of Sevastopol, it is the obligation of the state of Ukraine to take all available measures to promote and protect the rights of its citizens being temporary beyond its control, by applying the provisions of Section IX of the Criminal Procedure Code of Ukraine by an investigator or prosecutor; 2) when the prosecution establishes data on the person’s location, who resides and/or stays in the Autonomous Republic of Crimea and the city of Sevastopol, an investigator, prosecutor undertakes to apply to the Russian Federation for international legal assistance, for carrying out the relevant procedural actions, namely serving a person with a notice of suspicion, as at present the Russian Federation exercises “effective control” over the temporarily occupied territory of Ukraine, in connection with which it is obliged to guarantee the implementation of Article 1 of the Convention; 3) the procedure for serving a notice of suspicion to a person located in the territory of the Autonomous Republic of Crimea requires legal improvement, taking into account the case law of the European Court of Human Rights and requirements of international treaties, approved by the Verkhovna Rada of Ukraine.

COMPARATIVE LEGAL CHARACTERISTICS OF THE LEGISLATION ON REGULATION OF PORT MANAGEMENT

Natalia Ayahut

Adjunct at the Department of Economic Law Disciplines
Donetsk Law Institute of the Ministry of Internal Affairs of Ukraine (Mariupol, Donetsk region, Ukraine)
ORCID ID: 0000-0003-1357-6853
Anotation. The aim of this article is to examine the features of seaport management in different countries. In order to identify current trends in port management, the various approaches and concepts used by economically developed countries, such as the United States (hereinafter – the United States), China, Great Britain, are analyzed. It is established that the most common model of the Port Administration Models in the countries listed above is the landlord port model. Under this model, the port authority acts as regulatory body and as landlord, while port operations (especially cargo handling) are carried out by private companies (The World Bank, 2007: 83). At the same time, there are various options for using this model, which differ significantly from each other. As a result of the study, the problematic aspects faced by the countries in question in the field of seaport management are identified. The main problematic aspect described in the scientific works of foreign researchers of the US and UK control systems is the lack of proper control over the quality of port services, as well as the proper organization of state control over the port sector in general. The above-mentioned problematic aspects, as well as the positive trends in the port management system in the countries considered, should be taken into account at the next stages of the port reform that is currently taking place in Ukraine. In order to, using international experience, avoid mistakes in building a domestic seaport management system. As a result, the directions for improving legislation on the regulation of port management in Ukraine were identified.
Keywords: The aim of this article is to examine the features of seaport management in different countries. In order to identify current trends in port management, the various approaches and concepts used by economically developed countries, such as the United States (hereinafter – the United States), China, Great Britain, are analyzed. It is established that the most common model of the Port Administration Models in the countries listed above is the landlord port model. Under this model, the port authority acts as regulatory body and as landlord, while port operations (especially cargo handling) are carried out by private companies (The World Bank, 2007: 83). At the same time, there are various options for using this model, which differ significantly from each other. As a result of the study, the problematic aspects faced by the countries in question in the field of seaport management are identified. The main problematic aspect described in the scientific works of foreign researchers of the US and UK control systems is the lack of proper control over the quality of port services, as well as the proper organization of state control over the port sector in general. The above-mentioned problematic aspects, as well as the positive trends in the port management system in the countries considered, should be taken into account at the next stages of the port reform that is currently taking place in Ukraine. In order to, using international experience, avoid mistakes in building a domestic seaport management system. As a result, the directions for improving legislation on the regulation of port management in Ukraine were identified.

STAGES AND FEATURES OF THE JUDICIARY AND JUDICIAL PROCEDURE OF THE HETMANITY (SECOND HALF OF XVII – END OF XVIII CENTURY)

Oleksandr Byrkovych

Candidate of Law Science, Associate Professor, Associate Professor at the Department of Theory and History of State and Law
Uzhhorod National University (Uzhhorod, Ukraine)
ORCID ID: 0000-0003-3880-359X
Anotation. The article identifies and characterizes the main stages of formation and transformation of the judicial system and the judiciary of the Hetmanate. Generalized conclusions were reached through the application of the principles of objectivity, scientificity, comprehensiveness, historicism, priority of fact, as well as historical-comparative, heuristic, interpretive-legal, comparative-legal and instrumental-legal methods of scientific knowledge. Thanks to a comprehensive approach, it was established that starting from 1648, the process of institutionalization of the judicial system of the Hetmanate began. The most expressive periods of its transformation can be considered the Constitution of P. Orlyk of 1710, which, although proclaimed the independence of the judiciary, quite fragmentarily defined its powers. Structural reforms took place in 1760–1763, when K. Razumovsky not only formed a clear structure of the judiciary, but also introduced the principle of equality of all citizens before the court, which was new even for the then European practice. The study of historical and legal aspects of the formation and development of justice in the Ukrainian lands is important in view of proving the established tradition of state formation, the presence of traditional approaches to the organization of state power and the dominance of the liberal type of legal ideology.
Keywords: The article identifies and characterizes the main stages of formation and transformation of the judicial system and the judiciary of the Hetmanate. Generalized conclusions were reached through the application of the principles of objectivity, scientificity, comprehensiveness, historicism, priority of fact, as well as historical-comparative, heuristic, interpretive-legal, comparative-legal and instrumental-legal methods of scientific knowledge. Thanks to a comprehensive approach, it was established that starting from 1648, the process of institutionalization of the judicial system of the Hetmanate began. The most expressive periods of its transformation can be considered the Constitution of P. Orlyk of 1710, which, although proclaimed the independence of the judiciary, quite fragmentarily defined its powers. Structural reforms took place in 1760–1763, when K. Razumovsky not only formed a clear structure of the judiciary, but also introduced the principle of equality of all citizens before the court, which was new even for the then European practice. The study of historical and legal aspects of the formation and development of justice in the Ukrainian lands is important in view of proving the established tradition of state formation, the presence of traditional approaches to the organization of state power and the dominance of the liberal type of legal ideology.

ADMINISTRATIVE AND LEGAL PRINCIPLES REGARDING COMPREHENSIVE AND OTHER TYPES OF MEDICAL EXAMINATIONS OF NATIONAL POLICE EMPLOYEES

Liliia Bobrishova

Graduate Student
Dnipropetrovsk State University of Internal Affairs (Dnipro, Ukraine)
ORCID ID: 0000-0001-8258-7084
Anotation. The article analyzes the legal framework for various types of medical examinations by police. Covers the categories of police officers who are subject to medical examinations (current police officers, retired, candidates for the National Police, higher education institutions at the Ministry of Internal Affairs of Ukraine). It is stated that according to the current legislation, police officers are obliged to undergo a comprehensive medical examination (medical examination), targeted medical examinations, psychophysiological examinations and tests, as well as preventive periodic narcological and psychiatric examinations. The issues of tasks and functions of special medical (military-medical) commissions at the Ministry of Internal Affairs, the reasons and categories of police officers in respect of whom the commission exercises its powers are considered. We are talking about the rules of a comprehensive medical examination, in which institutions it should be conducted (the presence of certain standards and requirements), the frequency of preventive medical examination. The main aspects of undergoing mandatory narcological and psychiatric periodic medical examinations are also determined according to the existing legal framework (periodicity and specifics for certain categories of police officers are provided). Emphasis is also placed on the police passing a medical examination conducted by medical commissions. The study also discusses some existing contradictions, inaccuracies in regulations governing these issues. It is concluded that in the field of medical care for police there is a practice of a number of medical examinations, which are conducted periodically, due to the fact that such a profession involves the police officer important responsibilities (including the personification of one of the features of the state coercion). According to the current legal framework, police officers must undergo a comprehensive medical examination (medical examination) every year, if necessary, targeted medical examinations and psychophysiological examinations and tests. The legal framework determines the categories of persons who must undergo such examinations. At the same time, some by-laws no longer correspond to the current changes that have taken place in recent years and require amendments or the adoption of new by-laws that would regulate, for example, drug and psychiatric examinations in the system of the Ministry of Internal Affairs.
Keywords: The article analyzes the legal framework for various types of medical examinations by police. Covers the categories of police officers who are subject to medical examinations (current police officers, retired, candidates for the National Police, higher education institutions at the Ministry of Internal Affairs of Ukraine). It is stated that according to the current legislation, police officers are obliged to undergo a comprehensive medical examination (medical examination), targeted medical examinations, psychophysiological examinations and tests, as well as preventive periodic narcological and psychiatric examinations. The issues of tasks and functions of special medical (military-medical) commissions at the Ministry of Internal Affairs, the reasons and categories of police officers in respect of whom the commission exercises its powers are considered. We are talking about the rules of a comprehensive medical examination, in which institutions it should be conducted (the presence of certain standards and requirements), the frequency of preventive medical examination. The main aspects of undergoing mandatory narcological and psychiatric periodic medical examinations are also determined according to the existing legal framework (periodicity and specifics for certain categories of police officers are provided). Emphasis is also placed on the police passing a medical examination conducted by medical commissions. The study also discusses some existing contradictions, inaccuracies in regulations governing these issues. It is concluded that in the field of medical care for police there is a practice of a number of medical examinations, which are conducted periodically, due to the fact that such a profession involves the police officer important responsibilities (including the personification of one of the features of the state coercion). According to the current legal framework, police officers must undergo a comprehensive medical examination (medical examination) every year, if necessary, targeted medical examinations and psychophysiological examinations and tests. The legal framework determines the categories of persons who must undergo such examinations. At the same time, some by-laws no longer correspond to the current changes that have taken place in recent years and require amendments or the adoption of new by-laws that would regulate, for example, drug and psychiatric examinations in the system of the Ministry of Internal Affairs.

TYPES AND FORMS OF INTERACTION OF THE INVESTIGATOR WITH OFFICIALS AND UNITS OF THE NATIONAL POLICE

Mykola Borisenko

Candidate for the degree of Doctor of Philosophy at the Department of Criminal Procedure
National Academy of Internal Affairs (Kyiv, Ukraine)
ORCID ID: 0000-0003-4953-1227
Anotation. The article analyzes the scientific and practical approaches to determining the types and forms of interaction of the investigator with officials and units of the National Police. The classification of types and forms of interaction is carried out. It is determined that the forms of interaction of the investigator should be divided into procedural and non-procedural (organizational). It is concluded that procedural forms of interaction are the type of criminal procedure relations that are regulated by current criminal procedure legislation, and non-procedural (organizational) regulated by departmental regulations (orders, instructions, procedures, instructions, etc.) and norms of professional ethics, which are formed by practice
Keywords: The article analyzes the scientific and practical approaches to determining the types and forms of interaction of the investigator with officials and units of the National Police. The classification of types and forms of interaction is carried out. It is determined that the forms of interaction of the investigator should be divided into procedural and non-procedural (organizational). It is concluded that procedural forms of interaction are the type of criminal procedure relations that are regulated by current criminal procedure legislation, and non-procedural (organizational) regulated by departmental regulations (orders, instructions, procedures, instructions, etc.) and norms of professional ethics, which are formed by practice

INTERNATIONAL LEGAL REGULATION OF THE SAFETY OF JOURNALISTS- DEFENDERS

Karolina Varnavska

Postgraduate Student at the Department of International and European Law of the Faculty of Law
V.N. Karazin Kharkiv National University (Kharkiv, Ukraine)
ORCID ID: 0000-0002-1257-089
Anotation. The article analyzes the provisions of international legal acts of a universal nature regarding the safety of journalists who carry out human rights activities, provides a detailed description of the following acts: Report of the Office of the United Nations High Commissioner for Human Rights (Safety of Journalists) A/HRC/24/23, General UN Assemblies, Reports of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Reports of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, UN Action Plan on the Safety of Journalists and the Issue of Impunity, Reports of the Office of the United Nations High Commissioner for Human Rights, Human Rights Council Resolutions on the Safety of Journalists, Medellin Declaration on Ensuring the Safety of Journalists and Fighting Impunity). The attention is focused on the fact that the activities of journalists are closely associated with significant risks in connection with the dissemination of “inconvenient” information both from state actors and representatives of the private sector, which in its turn poses a threat not only to life, health and reputation, but also for a democratic society, the rule of law and respect for human rights in general. Thus, in order to prevent and suppress existing violations of the rights of journalists, the international community calls on states to create and improve legislative measures in this area; to raise public awareness of the rights and obligations of journalists; condemn attacks on journalists and prosecute those responsible. In addition, in case of crimes against journalists, states are encouraged to create special units (independent commissions) to carry out investigations; approve clear protocols and methods of prosecution; provide for the creation of early warning and rapid response mechanisms for journalists etc. The corresponding conclusions are drawn.
Keywords: The article analyzes the provisions of international legal acts of a universal nature regarding the safety of journalists who carry out human rights activities, provides a detailed description of the following acts: Report of the Office of the United Nations High Commissioner for Human Rights (Safety of Journalists) A/HRC/24/23, General UN Assemblies, Reports of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Reports of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, UN Action Plan on the Safety of Journalists and the Issue of Impunity, Reports of the Office of the United Nations High Commissioner for Human Rights, Human Rights Council Resolutions on the Safety of Journalists, Medellin Declaration on Ensuring the Safety of Journalists and Fighting Impunity). The attention is focused on the fact that the activities of journalists are closely associated with significant risks in connection with the dissemination of “inconvenient” information both from state actors and representatives of the private sector, which in its turn poses a threat not only to life, health and reputation, but also for a democratic society, the rule of law and respect for human rights in general. Thus, in order to prevent and suppress existing violations of the rights of journalists, the international community calls on states to create and improve legislative measures in this area; to raise public awareness of the rights and obligations of journalists; condemn attacks on journalists and prosecute those responsible. In addition, in case of crimes against journalists, states are encouraged to create special units (independent commissions) to carry out investigations; approve clear protocols and methods of prosecution; provide for the creation of early warning and rapid response mechanisms for journalists etc. The corresponding conclusions are drawn.

INTERACTION OF SUBJECTS OF NOTARIAL ACTIVITY WITH STATE AND NON-STATE BODIES

Yuliia Vasylyk

Graduate Student at the Department of Public Administration
National Academy of Internal Affairs (Kyiv, Ukraine)
ORCID ID: 0000-0003-0703-0643
Anotation. This article will discuss the interaction of governmental and non-governmental bodies with the subjects of notarial activity. We must immediately note that the very title of the article shows that the issues raised in it are more practical and focused. However, these issues undoubtedly have their own scientific and theoretical basis, because any problem in legal science is first, in most cases, solved in the theoretical plane and only then is its practical testing.
Keywords: This article will discuss the interaction of governmental and non-governmental bodies with the subjects of notarial activity. We must immediately note that the very title of the article shows that the issues raised in it are more practical and focused. However, these issues undoubtedly have their own scientific and theoretical basis, because any problem in legal science is first, in most cases, solved in the theoretical plane and only then is its practical testing.

THE COVERAGE OF THE CIRCUMSTANCES TO BE CLARIFIED DURING THE INVESTIGATION OF THE HOSTAGE-TAKING

Ivan Vigivsky

Applicant
Kharkiv University of Internal Affairs (Kharkiv, Ukraine)
ORCID ID: 0000-0002-1293-5810
Anotation. The scientific article is devoted to the coverage of the circumstances to be clarified during the investigation of the hostage-taking. Scientists’ approaches to this concept are analyzed and on the basis of classifications of circumstances to be clarified during the investigation of related criminal offenses investigated by scientists, a list of circumstances to be established in criminal proceedings on hostage-taking is grouped into groups: circumstances relate to the event of a criminal offense; personal circumstances; consequential circumstances; other circumstances, each of which includes the circumstances of this group to be proved. It is established that the formation of circumstances to be established is due to three factors: the subject of proof (provided for in Article 91 of the CPC of Ukraine), criminal law and forensic characteristics of a particular criminal offense. At the same time, the circumstances to be proved are reflected in the norms of the current CPC and are decisive, basic for all criminal acts without exception, as well as for the organization of the investigation, so they are of great importance.
Keywords: The scientific article is devoted to the coverage of the circumstances to be clarified during the investigation of the hostage-taking. Scientists’ approaches to this concept are analyzed and on the basis of classifications of circumstances to be clarified during the investigation of related criminal offenses investigated by scientists, a list of circumstances to be established in criminal proceedings on hostage-taking is grouped into groups: circumstances relate to the event of a criminal offense; personal circumstances; consequential circumstances; other circumstances, each of which includes the circumstances of this group to be proved. It is established that the formation of circumstances to be established is due to three factors: the subject of proof (provided for in Article 91 of the CPC of Ukraine), criminal law and forensic characteristics of a particular criminal offense. At the same time, the circumstances to be proved are reflected in the norms of the current CPC and are decisive, basic for all criminal acts without exception, as well as for the organization of the investigation, so they are of great importance.

ORGANIZATION OF MEASURES TO SEARCH FOR STOLEN PROPERTY AT THE INITIAL STAGE OF INVESTIGATION OF THEFT

Yuliia Vysotenko

Applicant at the Department of Criminology and Forensic Medicine
National Academy of Internal Affairs (Kyiv, Ukraine)
ORCID ID: 0000-0002-0933-6884
Anotation. In the scientific article, the author explores issues related to the organization of measures to search for stolen property at the initial stage of the investigation. To this end, the article analyzes various approaches to determining the subject of criminal encroachment as the main element of the forensic characterization of theft and identifies a typical list of property to be seized by the intent of the offender. Conducted comparison of different categories of objects of criminal encroachment depending on the method of the crime, age characteristics of the subject of the criminal offense and his needs, place and time of theft. It is proposed to consider the search for stolen property at the initial stage of the investigation in several aspects: as a process of interaction of pre-trial investigation bodies with other bodies and units of the National Police of Ukraine, aimed at establishing location of stolen property, its seizure and return to the owner; as a tactical method of individual investigative (search) actions; as a tactical operation “Search for stolen property”; as an operational and investigative measure.
Keywords: In the scientific article, the author explores issues related to the organization of measures to search for stolen property at the initial stage of the investigation. To this end, the article analyzes various approaches to determining the subject of criminal encroachment as the main element of the forensic characterization of theft and identifies a typical list of property to be seized by the intent of the offender. Conducted comparison of different categories of objects of criminal encroachment depending on the method of the crime, age characteristics of the subject of the criminal offense and his needs, place and time of theft. It is proposed to consider the search for stolen property at the initial stage of the investigation in several aspects: as a process of interaction of pre-trial investigation bodies with other bodies and units of the National Police of Ukraine, aimed at establishing location of stolen property, its seizure and return to the owner; as a tactical method of individual investigative (search) actions; as a tactical operation “Search for stolen property”; as an operational and investigative measure.

ARTIFICIAL INTELLIGENCE AS A SUBJECT OF CIVIL LAW

Alina Goncharova, Dmytro Murach

Alina Goncharova. Candidate of Law, Associate Professor, Associate Professor at the Department of Criminal Law and Judiciary Educational and Scientific Institute of Law of the Sumy State University (Sumy, Ukraine)
Dmytro Murach. Applicant for Higher Education Educational and Scientific Institute of Law of the Sumy State University (Sumy, Ukraine)
ORCID ID: 0000-0002-9815-0394, ORCID ID: 0000-0002-4645-1275
Anotation. In the provisions of the scientific article, the author analyzes the opinions of scientists on the modern interpretation of the concept of artificial intelligence. Two concepts of understanding the will of artificial intelligence are analyzed. An aspect is made on the division of artificial intelligence into two types: those that have a will and complex involuntary mechanisms. The scientific vision of artificial intelligence in the legal system of the European Union and the world in general is studied. Examples of robotic equipment as a full-fledged subject of law are given. The possible place of artificial intelligence in the current legal system of Ukraine is analyzed. There are three ways to separate artificial intelligence into the legal system of Ukraine: separation as an independent electronic person, identification with some mines of an individual and artificial intelligence in the field of civilization, recognition of artificial intelligence as an object of civil relations. It is proposed to define the term “electronic person” in the context of European integration. In the research, the author proposes a specific modification of the current legislation of Ukraine in accordance with a certain way to overcome the problem of formal settlement of relations related to the activities of artificial intelligence.
Keywords: In the provisions of the scientific article, the author analyzes the opinions of scientists on the modern interpretation of the concept of artificial intelligence. Two concepts of understanding the will of artificial intelligence are analyzed. An aspect is made on the division of artificial intelligence into two types: those that have a will and complex involuntary mechanisms. The scientific vision of artificial intelligence in the legal system of the European Union and the world in general is studied. Examples of robotic equipment as a full-fledged subject of law are given. The possible place of artificial intelligence in the current legal system of Ukraine is analyzed. There are three ways to separate artificial intelligence into the legal system of Ukraine: separation as an independent electronic person, identification with some mines of an individual and artificial intelligence in the field of civilization, recognition of artificial intelligence as an object of civil relations. It is proposed to define the term “electronic person” in the context of European integration. In the research, the author proposes a specific modification of the current legislation of Ukraine in accordance with a certain way to overcome the problem of formal settlement of relations related to the activities of artificial intelligence.

THE MAIN STRUCTURES OF THE PERSONNEL POLICY REALIZATION IN THE BODIES OF THE NATIONAL POLICY

Ruslan Horiachenko

Graduate Student at the Scientific Laboratory on Problems Preventive Activities and Prevention of Corruption
National Academy of Internal Affairs (Kyiv, Ukraine)
ORCID ID: 0000-0001-9269-9717
Anotation. The article is devoted to the study of the essence of the main directions of personnel policy implementation in the bodies of the National Police of Ukraine. The content and correlation of the concepts “personnel policy” and “staffing” are analyzed. The analysis of the existing scientific researches devoted to clarification of the concept of “personnel policy in bodies of National police” is carried out and the author’s definition of this term is given. The Strategy for the Development of System Bodies of the Ministry of Internal Affairs for the period up to 2020 is considered. One of its priorities is the development of human resources and social protection of employees in order to form a stable and highly professional staff of the Ministry of Internal Affairs. The main current challenges and threats in this area are highlighted, including the lack of an effective and modern system of training, selection and management of personnel, transparent mechanisms for career growth; lack of a proper system of social protection, professional growth and motivation of employees of the Ministry of Internal Affairs, low level of initiative of employees and their vulnerability to corruption risks; the lack of a well-established system of internal communications that need to be overcome in order to form a highly professional staff of the Ministry of Internal Affairs, which is able to respond appropriately to modern challenges and threats. The Action Plan for the implementation of the Strategy for the Development of Systems of the Ministry of Internal Affairs for the period up to 2020, approved by the order of the Cabinet of Ministers of Ukraine dated August 21, 2019 № 693-r. Based on the analyzed research and regulations, a list and description of the content of the main areas of modern personnel policy in the National Police of Ukraine, which are key to its effective implementation, determine its current state and take into account prospects for improvement.
Keywords: The article is devoted to the study of the essence of the main directions of personnel policy implementation in the bodies of the National Police of Ukraine. The content and correlation of the concepts “personnel policy” and “staffing” are analyzed. The analysis of the existing scientific researches devoted to clarification of the concept of “personnel policy in bodies of National police” is carried out and the author’s definition of this term is given. The Strategy for the Development of System Bodies of the Ministry of Internal Affairs for the period up to 2020 is considered. One of its priorities is the development of human resources and social protection of employees in order to form a stable and highly professional staff of the Ministry of Internal Affairs. The main current challenges and threats in this area are highlighted, including the lack of an effective and modern system of training, selection and management of personnel, transparent mechanisms for career growth; lack of a proper system of social protection, professional growth and motivation of employees of the Ministry of Internal Affairs, low level of initiative of employees and their vulnerability to corruption risks; the lack of a well-established system of internal communications that need to be overcome in order to form a highly professional staff of the Ministry of Internal Affairs, which is able to respond appropriately to modern challenges and threats. The Action Plan for the implementation of the Strategy for the Development of Systems of the Ministry of Internal Affairs for the period up to 2020, approved by the order of the Cabinet of Ministers of Ukraine dated August 21, 2019 № 693-r. Based on the analyzed research and regulations, a list and description of the content of the main areas of modern personnel policy in the National Police of Ukraine, which are key to its effective implementation, determine its current state and take into account prospects for improvement.

THE SUBJECTIVE ELEMENT OF THE INTERNATIONALLY WRONGFUL ACT

Tetiana Hrabovych

Candidate of Juridical Sciences
ORCID ID: 0000-0001-6819-0486
Anotation. The article clarifies the content of the subjective element of the internationally wrongful act, outlines the rules of attribution of conduct to the state, discusses issues of state responsibility for the conduct of private actors, highlights the concept of state «fault». The following methods are used: legal-historical, comparative-legal, systemic, formal-legal and dialectical. It is established that the subjective element is a necessary condition for establishing the existence of an internationally wrongful act of the state. The conduct of state and non-state actors can be attributed to the state according to the rules of the Articles on Responsibility of States for Internationally Wrongful Acts (2001) (articles 4–11), but the Articles do not contain rules on attribution to the state the conduct of private actors who are not in connection with such a state. It is substantiated that the state should take the necessary measures in accordance with the principle of due diligence in order to prevent violations of the provisions of the international obligations of the state, not only by public organs but also by non-state (private) actors. The question of whether the existence of a state’s fault is a necessary condition for the international responsibility of such a state should be based on the primary international obligations of the state.
Keywords: The article clarifies the content of the subjective element of the internationally wrongful act, outlines the rules of attribution of conduct to the state, discusses issues of state responsibility for the conduct of private actors, highlights the concept of state «fault». The following methods are used: legal-historical, comparative-legal, systemic, formal-legal and dialectical. It is established that the subjective element is a necessary condition for establishing the existence of an internationally wrongful act of the state. The conduct of state and non-state actors can be attributed to the state according to the rules of the Articles on Responsibility of States for Internationally Wrongful Acts (2001) (articles 4–11), but the Articles do not contain rules on attribution to the state the conduct of private actors who are not in connection with such a state. It is substantiated that the state should take the necessary measures in accordance with the principle of due diligence in order to prevent violations of the provisions of the international obligations of the state, not only by public organs but also by non-state (private) actors. The question of whether the existence of a state’s fault is a necessary condition for the international responsibility of such a state should be based on the primary international obligations of the state.

SOCIAL POLICY OF THE STATE

Maria Danilina

Graduate Student at the Department of Constitutional Law
National University “Odesa Law Academy” (Odesa, Ukraine)
ORCID ID: 0000-0002-9531-4605
Anotation. In the article on the basis of the analysis of scientific views of scientists, norms of the current legislation of Ukraine the concept and features of formation, realization of social policy of the state are investigated and characterized. It is determined that in the activity of the state the implementation of social policy occupies one of the leading places. It was found that the subjects of social policy are: the state (national and regional levels), civil society, private corporations. It is determined that one of the main tasks of social policy is social protection, which is a system of state measures to ensure a decent material and social situation of citizens. At the stage of social policy formation it is necessary to take into account the priority of social protection problems in market conditions; a significant increase in the role compared to the Soviet period of personal labor contribution in meeting the material, household and socio-cultural needs of the population; formation of growing demand for social partnership throughout the country; increasing the importance of coordination of actions of the state center, regions and local self-government aimed at social development.
Keywords: In the article on the basis of the analysis of scientific views of scientists, norms of the current legislation of Ukraine the concept and features of formation, realization of social policy of the state are investigated and characterized. It is determined that in the activity of the state the implementation of social policy occupies one of the leading places. It was found that the subjects of social policy are: the state (national and regional levels), civil society, private corporations. It is determined that one of the main tasks of social policy is social protection, which is a system of state measures to ensure a decent material and social situation of citizens. At the stage of social policy formation it is necessary to take into account the priority of social protection problems in market conditions; a significant increase in the role compared to the Soviet period of personal labor contribution in meeting the material, household and socio-cultural needs of the population; formation of growing demand for social partnership throughout the country; increasing the importance of coordination of actions of the state center, regions and local self-government aimed at social development.

CUSTOMS LEGISLATION EU IN THE FIELD OF SIMPLIFICATION OF CUSTOMS PROCEDURES AS A BASIC LEGAL MODEL FOR FURTHER EUROPEAN INTERGRATION OF UKRAINE

Sergii Denysenko, Vladyslav Dudchenko

Sergii Denysenko. Candidate of Legal Sciences, Associate Professor, Senior Lecturer at the Department of International, European and Civil Law Sumy State University (Sumy, Ukraine)
Vladyslav Dudchenko. Ph. D. Student at the Department of International, European and Civil Law Sumy State University (Sumy, Ukraine)
ORCID ID: 0000-0001-8639-7501, ORCID ID: 0000-0003-3357-5321
Anotation. The current stage of development of the customs sphere of Ukraine is characterized by its reform. Moreover, the traditional approaches and methods that were introduced earlier, act only in fragments and do not change the overall picture. Therefore, the only way is to bring the country’s customs legislation in line with the requirements of the European Union. The main purpose of harmonization of customs legislation is the implementation of legal and safe trade between countries on the basis of common legal standards and principles. Simplification and harmonization of customs procedures and practices are an important factor in the withdrawal of international trade and direct the customs authorities of different countries to act in the same plane. Therefore, the establishment of individual national customs rules leads to the deterioration of foreign economic activity of the country in terms of trade procedures. The article analyzes the EU regulations governing the simplification of customs procedures. Based on this, we conclude that the harmonization of national customs legislation with EU law is impossible without understanding the specifics of the legal nature of European Union law. The article also considers the progress of harmonization of customs legislation of Ukraine to the norms and standards of the European Union in the simplification of customs procedures and provides proposals for its effective implementation.
Keywords: The current stage of development of the customs sphere of Ukraine is characterized by its reform. Moreover, the traditional approaches and methods that were introduced earlier, act only in fragments and do not change the overall picture. Therefore, the only way is to bring the country’s customs legislation in line with the requirements of the European Union. The main purpose of harmonization of customs legislation is the implementation of legal and safe trade between countries on the basis of common legal standards and principles. Simplification and harmonization of customs procedures and practices are an important factor in the withdrawal of international trade and direct the customs authorities of different countries to act in the same plane. Therefore, the establishment of individual national customs rules leads to the deterioration of foreign economic activity of the country in terms of trade procedures. The article analyzes the EU regulations governing the simplification of customs procedures. Based on this, we conclude that the harmonization of national customs legislation with EU law is impossible without understanding the specifics of the legal nature of European Union law. The article also considers the progress of harmonization of customs legislation of Ukraine to the norms and standards of the European Union in the simplification of customs procedures and provides proposals for its effective implementation.

AS TO THE STATE SUPPORTING FOR SMALL AND MEDIUM ENTERPRISES IN THE CONDOMINATION OF A CORONAVIRUS DISEASE PANDEMIC (COVID-19) IN THE REPUBLIC OF POLAND AND UKRAINE

Oleksandr Diakunovskyi

Applicant at the Department of Business Law
Vasyl Stus Donetsk National University (Vinnytsia, Ukraine)
ORCID ID: 0000-0003-3264-4882
Anotation. In the provisions of the scientific article the author analyzes the positions of scientists on the role of state support for small and medium enterprises in general and during the pandemic of coronavirus disease (COVID-19). It is noted that the pandemic is a factor that has an extremely negative impact on the possibility of doing business in the Republic of Poland and Ukraine. Therefore, in a pandemic government support for small and medium-sized enterprises is of the great importance. This state support is implemented by the governments of Poland and Ukraine in the manner of adopting legislation that determines its types, size, criteria for recipients, deadlines, etc. The basis of the research methodology was formal-legal, comparative-legal and method of interpretation. The main normative legal acts of Ukraine and the Republic of Poland, which regulate the issues of state support of small and medium enterprises in the conditions of the coronavirus pandemic (COVID-19), are analyzed. A short description of state support measures implemented in Ukraine and Poland on the basis of specially approved legislation is studied and given. It is concluded that the state support measures used in Ukraine and Poland are similar. However, in such measures there is a certain emphasis on certain social relations, that one or another state primarily tries to maintain. It is emphasized that in Ukraine it is expedient to use the legal institution of stopping business activity at the initiative of an entrepreneur that is actively used in Poland. Emphasis is placed on the significant impact of information support of businesses during a pandemic. Some proposals on optimizing the provision of state aid to small and medium enterprises in Ukraine during the quarantine restrictions related to the COVID-19 pandemic, and after their completion during the recovery of the economy are substantiated.
Keywords: In the provisions of the scientific article the author analyzes the positions of scientists on the role of state support for small and medium enterprises in general and during the pandemic of coronavirus disease (COVID-19). It is noted that the pandemic is a factor that has an extremely negative impact on the possibility of doing business in the Republic of Poland and Ukraine. Therefore, in a pandemic government support for small and medium-sized enterprises is of the great importance. This state support is implemented by the governments of Poland and Ukraine in the manner of adopting legislation that determines its types, size, criteria for recipients, deadlines, etc. The basis of the research methodology was formal-legal, comparative-legal and method of interpretation. The main normative legal acts of Ukraine and the Republic of Poland, which regulate the issues of state support of small and medium enterprises in the conditions of the coronavirus pandemic (COVID-19), are analyzed. A short description of state support measures implemented in Ukraine and Poland on the basis of specially approved legislation is studied and given. It is concluded that the state support measures used in Ukraine and Poland are similar. However, in such measures there is a certain emphasis on certain social relations, that one or another state primarily tries to maintain. It is emphasized that in Ukraine it is expedient to use the legal institution of stopping business activity at the initiative of an entrepreneur that is actively used in Poland. Emphasis is placed on the significant impact of information support of businesses during a pandemic. Some proposals on optimizing the provision of state aid to small and medium enterprises in Ukraine during the quarantine restrictions related to the COVID-19 pandemic, and after their completion during the recovery of the economy are substantiated.

FREE DISCRETION IN THE ACTIVITY OF LOCAL SELF-GOVERNMENT BODIES TO RESOLVE LAND ISSUES AND WAYS TO RESTRICT IT

Vladyslav Zalievskyi

Graduate Student at the Department of State and Legal Disciplines of the Faculty of Law
V.N. Karazin Kharkiv National University (Kharkiv, Ukraine)
ORCID ID: 0000 0002 3440 9440
Anotation. The article is devoted to the problem of free discretion and discretionary powers in the activities of local self-government bodies in resolving land issues. It is shown that the specificity of discretionary powers exercise by local governments in the process of resolving land issues is the availability of two types free discretion, namely intellectual and volitional. The first is implemented during the preparation of the draft decision on granting permission to develop a land management project for the allocation of land, and the second is implemented during the vote for the draft decision. Possibilities of free discretion restriction in activity of local governments at the decision of land issues are considered. It is ascertained that the restriction of free discretion is carried out by establishing an exclusive list of grounds for a negative decision, the introduction of the acquiescence principle in case of the consideration terms violation, as well as the possibility of appealing a negative decision in court.
Keywords: The article is devoted to the problem of free discretion and discretionary powers in the activities of local self-government bodies in resolving land issues. It is shown that the specificity of discretionary powers exercise by local governments in the process of resolving land issues is the availability of two types free discretion, namely intellectual and volitional. The first is implemented during the preparation of the draft decision on granting permission to develop a land management project for the allocation of land, and the second is implemented during the vote for the draft decision. Possibilities of free discretion restriction in activity of local governments at the decision of land issues are considered. It is ascertained that the restriction of free discretion is carried out by establishing an exclusive list of grounds for a negative decision, the introduction of the acquiescence principle in case of the consideration terms violation, as well as the possibility of appealing a negative decision in court.

CONCEPTUAL PRINCIPLES OF THE FORMATION OF STATE INFRASTRUCTURE POLICY

Heorhii Zubko

Candidate of Juridical Sciences, External Doctoral Candidate
Zaporizhzhia National University (Zaporizhzhia, Ukraine)
ORCID ID: 0000-0003-2395-1629
Anotation. The process of formation and legitimization of state infrastructure policy requires the definition of its conceptual principles. In this regard, the purpose of the article is the author’s interpretation of the key concept of “conceptual principle”, the definition of its legal status, as well as the representation of principles at the doctrinal and official levels. The author believes that the conceptual principle is succinctly formulated universal guidelines that serve as the basis for the legal regulation of ways of managerial activity in a certain area. The logic of the study involves a comparative analysis of scientific works in the field of state economic, informational, social, accounting, legal, budgetary policies with the practice of defining conceptual principles in by-laws that govern infrastructure policy issues. The diachronic aspect of the study includes a statistical analysis of the number of “Concepts” adopted (approved) by the Verkhovna Rada of Ukraine, the President of Ukraine and the Cabinet of Ministers of Ukraine for the period from 1991 to 2019. The author of the article convincingly proves that it is the Cabinet of Ministers of Ukraine is the authority forms the basis of public policy and highlights its conceptual principles. The researcher introduces into the scientific circulation his own classification of the principles of public policy formation. This classification includes criteria such as level of approval, duration, purpose, disposition, language model, scope of use. The results of the study allow the author of the article to formulate proposals for improving the procedures of the legal rule-making technique.
Keywords: The process of formation and legitimization of state infrastructure policy requires the definition of its conceptual principles. In this regard, the purpose of the article is the author’s interpretation of the key concept of “conceptual principle”, the definition of its legal status, as well as the representation of principles at the doctrinal and official levels. The author believes that the conceptual principle is succinctly formulated universal guidelines that serve as the basis for the legal regulation of ways of managerial activity in a certain area. The logic of the study involves a comparative analysis of scientific works in the field of state economic, informational, social, accounting, legal, budgetary policies with the practice of defining conceptual principles in by-laws that govern infrastructure policy issues. The diachronic aspect of the study includes a statistical analysis of the number of “Concepts” adopted (approved) by the Verkhovna Rada of Ukraine, the President of Ukraine and the Cabinet of Ministers of Ukraine for the period from 1991 to 2019. The author of the article convincingly proves that it is the Cabinet of Ministers of Ukraine is the authority forms the basis of public policy and highlights its conceptual principles. The researcher introduces into the scientific circulation his own classification of the principles of public policy formation. This classification includes criteria such as level of approval, duration, purpose, disposition, language model, scope of use. The results of the study allow the author of the article to formulate proposals for improving the procedures of the legal rule-making technique.

TENDENCIES OF MODERNIZATION OF THE INSTITUTE OF PROSECUTOR’S OFFICE IN THE COUNTRIES OF THE POST-SUDDEN SPACE

Serhii Ionushas

People’s Deputy of Ukraine
ORCID ID: 0000-0002-0217-0682
Anotation. In the light of permanent constitutional and judicial reforms in Ukraine, the issue of the constitutional institution of the prosecutor’s office remains relevant. In this regard, given the common political and legal past, it may be useful to study the experience of reforming state and legal institutions, in particular, the institution of the prosecutor’s office in the countries of the former Soviet Union. The purpose of the article is to analyze the trends of modernization of the prosecutor’s office in the member states of the former USSR in the context of the transformation of their forms of government and systems of separation of state power. It is noted that today in most of these countries the search for the optimal model of the prosecutor’s office is not complete. Since gaining independence, the Baltic States have been more stable in modernizing the legal status of the prosecutor’s office and moving closer to European standards. In Estonia and Latvia (parliamentary republics), the prosecutor’s office is essentially outside the constitutional institution, while in Lithuania (mixed form of government) the prosecutor’s office has a clearer place in the constitutional field. It is noted that the reform of the prosecutor’s office in most countries is based on different methodological guidelines. In Russia and Belarus, the model of a “strong” Soviet-style general supervisory prosecutor’s office has been preserved. Similar models of the prosecutor’s office operate in the republics – Azerbaijan, Kazakhstan, Tajikistan, Uzbekistan (presidential systems of government of the post-Soviet type). Their characteristic features are: strict centralization and subordination to the presidential power of the organizational structure of the prosecutor’s office and, mainly, the general supervisory type. Changes in the constitutional and legal status of the prosecutor’s office in Moldova, Armenia, and Georgia indicate that they are significantly closer to the European standards of the prosecutor’s office and the democratization of their political and legal systems. The conclusions state that from the point of view of the functions performed by the prosecutor’s office, defined in the constitutions and special laws in the territory of the former USSR, as a general rule, the prosecutor’s office implements the function of criminal prosecution. The function of general supervision is exercised by the prosecutor’s office in centralized presidential countries, Belarus, Russia, Central Asian republics – Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan. Modernization of the institution of the prosecutor’s office in the former USSR is not only based on the transformation of the entire state organization, but, to a large extent, on the basis of the appropriate level of legal culture, political, ethno-social, moral and others, traditions and tasks set by society at the appropriate stage of its development. The transformation of the model of the prosecutor’s office as a constitutional institution generally depends on the need to ensure a system of separation of powers and checks and balances. The model of the institute of the prosecutor’s office in the parliamentary republics (Baltic countries – Estonia, Latvia) can be described as flexible, as in such countries there is no need to design and define the functions of this body in constitutional acts. Such bodies exercise their competence in cooperation with the bodies of all branches of government. A characteristic feature of the prosecutor’s office in countries with presidential systems of the post-Soviet type (Russia, Belarus, Central Asian republics) is: strict centralization and subordination to the presidential power of the organizational structure and above all supervisory type, as well as clearly recognized constitutional status. In general, in mixed systems of government, the institution of the prosecutor’s office is usually objectified in constitutional acts, so the constitutional status of the prosecutor’s office serves as a kind of guarantee of balance between the bodies of all branches of government.
Keywords: In the light of permanent constitutional and judicial reforms in Ukraine, the issue of the constitutional institution of the prosecutor’s office remains relevant. In this regard, given the common political and legal past, it may be useful to study the experience of reforming state and legal institutions, in particular, the institution of the prosecutor’s office in the countries of the former Soviet Union. The purpose of the article is to analyze the trends of modernization of the prosecutor’s office in the member states of the former USSR in the context of the transformation of their forms of government and systems of separation of state power. It is noted that today in most of these countries the search for the optimal model of the prosecutor’s office is not complete. Since gaining independence, the Baltic States have been more stable in modernizing the legal status of the prosecutor’s office and moving closer to European standards. In Estonia and Latvia (parliamentary republics), the prosecutor’s office is essentially outside the constitutional institution, while in Lithuania (mixed form of government) the prosecutor’s office has a clearer place in the constitutional field. It is noted that the reform of the prosecutor’s office in most countries is based on different methodological guidelines. In Russia and Belarus, the model of a “strong” Soviet-style general supervisory prosecutor’s office has been preserved. Similar models of the prosecutor’s office operate in the republics – Azerbaijan, Kazakhstan, Tajikistan, Uzbekistan (presidential systems of government of the post-Soviet type). Their characteristic features are: strict centralization and subordination to the presidential power of the organizational structure of the prosecutor’s office and, mainly, the general supervisory type. Changes in the constitutional and legal status of the prosecutor’s office in Moldova, Armenia, and Georgia indicate that they are significantly closer to the European standards of the prosecutor’s office and the democratization of their political and legal systems. The conclusions state that from the point of view of the functions performed by the prosecutor’s office, defined in the constitutions and special laws in the territory of the former USSR, as a general rule, the prosecutor’s office implements the function of criminal prosecution. The function of general supervision is exercised by the prosecutor’s office in centralized presidential countries, Belarus, Russia, Central Asian republics – Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan. Modernization of the institution of the prosecutor’s office in the former USSR is not only based on the transformation of the entire state organization, but, to a large extent, on the basis of the appropriate level of legal culture, political, ethno-social, moral and others, traditions and tasks set by society at the appropriate stage of its development. The transformation of the model of the prosecutor’s office as a constitutional institution generally depends on the need to ensure a system of separation of powers and checks and balances. The model of the institute of the prosecutor’s office in the parliamentary republics (Baltic countries – Estonia, Latvia) can be described as flexible, as in such countries there is no need to design and define the functions of this body in constitutional acts. Such bodies exercise their competence in cooperation with the bodies of all branches of government. A characteristic feature of the prosecutor’s office in countries with presidential systems of the post-Soviet type (Russia, Belarus, Central Asian republics) is: strict centralization and subordination to the presidential power of the organizational structure and above all supervisory type, as well as clearly recognized constitutional status. In general, in mixed systems of government, the institution of the prosecutor’s office is usually objectified in constitutional acts, so the constitutional status of the prosecutor’s office serves as a kind of guarantee of balance between the bodies of all branches of government.

CHOICE OF THE APPLICABLE SUBSTANTIVE LAW BY THE PARTIES TO THE MERITS OF THE DISPUTE

Yuliia Kabrera

Graduate Student at the Department of International Law and Comparative Law
International Humanitarian University (Odesa, Ukraine)
ORCID ID: 0000-0002-7357-1491
Anotation. After a long evolutionary path, the autonomy of the will in the choice of substantive law to the essence of the dispute in international commercial arbitration has become almost unlimited. This means that with its help, the parties have the opportunity to choose any system of law, any legal norm, or even a combination of them. The range of substantive law in the choice of substantive law is wide, diverse and virtually inexhaustible. This can be the national law of any country or the doctrine of the general principle, various stabilization clauses, neutral law, the application of several laws to different parts of the contract – dispatch, transnational law, trade customs. Moreover, the parties may even choose not the substantive law itself, but only the method of choosing it for the arbitrators, so that the latter determine such a right to the substance of the dispute.
Keywords: After a long evolutionary path, the autonomy of the will in the choice of substantive law to the essence of the dispute in international commercial arbitration has become almost unlimited. This means that with its help, the parties have the opportunity to choose any system of law, any legal norm, or even a combination of them. The range of substantive law in the choice of substantive law is wide, diverse and virtually inexhaustible. This can be the national law of any country or the doctrine of the general principle, various stabilization clauses, neutral law, the application of several laws to different parts of the contract – dispatch, transnational law, trade customs. Moreover, the parties may even choose not the substantive law itself, but only the method of choosing it for the arbitrators, so that the latter determine such a right to the substance of the dispute.

SUSPECT ABSCONDING FROM INVESTIGATION AGENCIES AND COURT AS A PREREQUISITE FOR CARRYING OUT SPECIAL PRE-TRIAL INVESTIGATION IN ABSENTIA

Oleksii Kalinnikov

Lawyer, Postgraduate Student at the Department of Criminal Procedure
National Academy of Internal Affairs (Kyiv, Ukraine)
ORCID ID: 0000-0003-4337-833X
Anotation. The article analyses suspect absconding from investigation agencies and court in order to evade criminal liability as a prerequisite for carrying out special pre-trial investigation (in absentia). The analysis of the provisions of the criminal procedure legislation of Ukraine and case law has been carried out. The problems of law enforcement of the given legal category have been established and proposals for elimination of legislative gaps in legal regulation of the concept of the special pre-trial investigation (in absentia) have been made. Based on the results of the investigation, the following conclusions were drawn: 1) suspect absconding from investigation agencies and court in order to evade criminal liability shall be deemed a prerequisite for carrying out the special pre-trial investigation (in absentia); 2) the question of non-determination of the concept of “suspect absconding from investigation agencies and court in order to evade criminal liability as a prerequisite for carrying out special pre-trial investigation” causes problems in enforcement of the “in absentia” concept; 3) the only way to solve this problem is to introduce the relevant amendments to the Criminal Procedure Code of Ukraine, using the experience of scientists and taking into account the case law, which is necessary for further reforming of the “in absentia” concept in Ukraine and bringing it to high standards in Europe.
Keywords: The article analyses suspect absconding from investigation agencies and court in order to evade criminal liability as a prerequisite for carrying out special pre-trial investigation (in absentia). The analysis of the provisions of the criminal procedure legislation of Ukraine and case law has been carried out. The problems of law enforcement of the given legal category have been established and proposals for elimination of legislative gaps in legal regulation of the concept of the special pre-trial investigation (in absentia) have been made. Based on the results of the investigation, the following conclusions were drawn: 1) suspect absconding from investigation agencies and court in order to evade criminal liability shall be deemed a prerequisite for carrying out the special pre-trial investigation (in absentia); 2) the question of non-determination of the concept of “suspect absconding from investigation agencies and court in order to evade criminal liability as a prerequisite for carrying out special pre-trial investigation” causes problems in enforcement of the “in absentia” concept; 3) the only way to solve this problem is to introduce the relevant amendments to the Criminal Procedure Code of Ukraine, using the experience of scientists and taking into account the case law, which is necessary for further reforming of the “in absentia” concept in Ukraine and bringing it to high standards in Europe.

ON THE ISSUE OF SUBJECTS OF CRIMES THAT ENCROACH ON THE PROFESSIONAL ACTIVITIES OF LAW ENFORCEMENT OFFICERS

Oleh Kyrbiatiev

Candidate of Law, Doctoral Student
National Academy of Internal Affairs (Kyiv, Ukraine)
ORCID ID: 0000-0002-6949-7049
Anotation. The article examines the characteristics of the subjects of crimes that encroach on the professional activities of law enforcement officers. It is established that the subject of criminal offenses that encroach on the professional activitie of law enforcement officers, depending on the specific type of crime or criminal offense, may be the following categories of persons: 1) a natural sane person who has committed a criminal offense and who has reached the age of 16 before committing this socially dangerous act – for criminal offenses under Articles 342, 343, Part 1 of Art. 345, part 4 of Art. 345, part 1 of Art. 347 of the Criminal Code of Ukraine; 2) a natural sane person who has committed a criminal offense at the age of 14 years – for crimes under Art. 2–3 tbsp. 345 of the Criminal Code of Ukraine, Part 2 of Art. 347, Art. 348–349 of the Criminal Code of Ukraine; 3) a natural sane person who has committed a criminal offense at an age from which criminal liability may arise, the subject of which may be only an official (Part 2 of Article 343 of the Criminal Code of Ukraine – in the case of a criminal offense under Part 1 Article 343 of the Criminal Code of Ukraine by an official using his official position).
Keywords: The article examines the characteristics of the subjects of crimes that encroach on the professional activities of law enforcement officers. It is established that the subject of criminal offenses that encroach on the professional activitie of law enforcement officers, depending on the specific type of crime or criminal offense, may be the following categories of persons: 1) a natural sane person who has committed a criminal offense and who has reached the age of 16 before committing this socially dangerous act – for criminal offenses under Articles 342, 343, Part 1 of Art. 345, part 4 of Art. 345, part 1 of Art. 347 of the Criminal Code of Ukraine; 2) a natural sane person who has committed a criminal offense at the age of 14 years – for crimes under Art. 2–3 tbsp. 345 of the Criminal Code of Ukraine, Part 2 of Art. 347, Art. 348–349 of the Criminal Code of Ukraine; 3) a natural sane person who has committed a criminal offense at an age from which criminal liability may arise, the subject of which may be only an official (Part 2 of Article 343 of the Criminal Code of Ukraine – in the case of a criminal offense under Part 1 Article 343 of the Criminal Code of Ukraine by an official using his official position).

CHARACTERISTICS OF LABOR LEGAL PERSONALITY POLICE OFFICER AND ITS ELEMENTS

Bohdan Korolchuk

Postgraduate
Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)
ORCID ID: 0000-0003-3277-4986
Anotation. The article is devoted to the study of labor legal personality of police officers on the basis of the characteristics of the elements of this legal construction. It is emphasized that the legal personality of a police officer has legal and social properties that are interrelated because the legal properties defined by law are the result of crystallization of social demand of society to establish legal requirements for persons who intend to exercise their natural right to work in the National police. It is argued that the employment status of police officers in answering questions about the legal capacity of a person to enter the service also indicates the peculiarities of the legal regulation of police work. Service-labor relations, being a kind of labor relations, confirm the need for special legal regulation of police work and stipulate the establishment of additional conditions for employment in the National Police on the basis of state policy in the field of labor. It is substantiated that the key elements of the labor legal personality of a police officer are: citizenship of Ukraine; reaching 18 years of age; availability of complete general secondary education; knowledge of the state language; health status, namely the absence of diseases identified in the relevant List; calisthenics; impeccable reputation; political neutrality. It is alleged that police officers have a special legal personality, and this is fully in line with the normative principles of legal regulation of labor on the basis of “unity and differentiation”. It is concluded that taking into account the special labor legal personality of police officers, further legal differentiation of their working conditions and definition of specific job responsibilities is natural, which together significantly affects the legal status of a police officer in the process of exercising his right to work in bodies National Police and Police Units.
Keywords: The article is devoted to the study of labor legal personality of police officers on the basis of the characteristics of the elements of this legal construction. It is emphasized that the legal personality of a police officer has legal and social properties that are interrelated because the legal properties defined by law are the result of crystallization of social demand of society to establish legal requirements for persons who intend to exercise their natural right to work in the National police. It is argued that the employment status of police officers in answering questions about the legal capacity of a person to enter the service also indicates the peculiarities of the legal regulation of police work. Service-labor relations, being a kind of labor relations, confirm the need for special legal regulation of police work and stipulate the establishment of additional conditions for employment in the National Police on the basis of state policy in the field of labor. It is substantiated that the key elements of the labor legal personality of a police officer are: citizenship of Ukraine; reaching 18 years of age; availability of complete general secondary education; knowledge of the state language; health status, namely the absence of diseases identified in the relevant List; calisthenics; impeccable reputation; political neutrality. It is alleged that police officers have a special legal personality, and this is fully in line with the normative principles of legal regulation of labor on the basis of “unity and differentiation”. It is concluded that taking into account the special labor legal personality of police officers, further legal differentiation of their working conditions and definition of specific job responsibilities is natural, which together significantly affects the legal status of a police officer in the process of exercising his right to work in bodies National Police and Police Units.

FEATURES OF INFORMATION AND ANALYTICAL SUPPORT OF REFORMS IN THE NATIONAL POLICE

Mykhailo Kocherov

Senior Lecturer at the Department of Administrative Law
Interregional Academy of Personnel Management (Kyiv, Ukraine)
ORCID ID: 0000-0001-8687-8604
Anotation. In the article the author conducts research of information and analytical support of reforms in police bodies. The provisions of the article also contain an analysis of the legislation on information and analytical support of reforms in the police. The author notes that the information and analytical support of reforms in the police is directly related to the collection, systematization, analysis, redistribution of information and concludes that these processes allow to allocate such activities in the independent direction of the police.
Keywords: In the article the author conducts research of information and analytical support of reforms in police bodies. The provisions of the article also contain an analysis of the legislation on information and analytical support of reforms in the police. The author notes that the information and analytical support of reforms in the police is directly related to the collection, systematization, analysis, redistribution of information and concludes that these processes allow to allocate such activities in the independent direction of the police.

PROSECUTOR ACTIVITIES IN CRIMINAL PROCEEDINGS AFTER THE INDICTMENT WITH THE SIGNED AGREEMENT ARE SENT TO COURT

Viktor Koshchynets, Yevhenii Nalyvaiko

Viktor Koshchynets. Doctor of Law, Associate Professor (Kyiv, Ukraine)
Yevhenii Nalyvaiko. Candidate of Law (Kyiv, Ukraine)
ORCID ID: 0000-0002-3694-4586, ORCID ID: 0000-0002-7597-8762
Anotation. The institute of agreements is a relatively new institution in Ukrainian legislation, which is why it is paid attention by many scholars, and during its practical application, it is actively formed and adapted to the legal consciousness of our society. However, compared to European countries, the United States of America, and many of our immediate neighbors, it is still not fully implemented and needs to be improved. Thus, this research deals with prosecutor activities in criminal proceeding after the indictment with the signed agreement are sent to court. In particular, attention is paid to the participation of the prosecutor in the preparatory hearing during the court’s consideration of the agreement concluding possibility. Consideration features in comparison with the preparatory proceedings general order are allocated (voluntariness questions of the agreement conclusion, non-observance of the agreement conditions, etc. are considered). The issues of narrowing procedural rights of the parties to the agreement are analyzed and based on current national legislation in comparison with the case-law of the European Court of Human Rights a conclusion is offered on the possibility of restriction of appeal against the court verdict on the basis of the agreement in case of observance of procedural norms which are regulated in art. 474 of the Criminal Procedure Code of Ukraine. In addition, the prosecutor’s procedural activity during the application of the agreements institute with the procedural legislation of neighboring state Republic of Moldova is compared, which emphasizes the positive experience and the possibility of borrowing some rules for the procedural legislation of Ukraine, the need to introduce the institution of mediation in the nearest future. The procedural activity of the prosecutor is considered in case of non-compliance by the convicts with the terms of the agreement, the prosecutor’s ability to justify the need to revoke the court verdict, which approved the agreement. Problematic issues in this regard are presented, in particular, concerning the proof of a violation by the convicts of the cooperation conditions and material damages compensation or non-payment of the fine within the term established under the agreement terms. The importance of specifying the conditions of cooperation, with the condition of specific actions of the convict, the terms of their beginning and end, i.e. the fact that the essence of cooperation should be reflected in the content load.
Keywords: The institute of agreements is a relatively new institution in Ukrainian legislation, which is why it is paid attention by many scholars, and during its practical application, it is actively formed and adapted to the legal consciousness of our society. However, compared to European countries, the United States of America, and many of our immediate neighbors, it is still not fully implemented and needs to be improved. Thus, this research deals with prosecutor activities in criminal proceeding after the indictment with the signed agreement are sent to court. In particular, attention is paid to the participation of the prosecutor in the preparatory hearing during the court’s consideration of the agreement concluding possibility. Consideration features in comparison with the preparatory proceedings general order are allocated (voluntariness questions of the agreement conclusion, non-observance of the agreement conditions, etc. are considered). The issues of narrowing procedural rights of the parties to the agreement are analyzed and based on current national legislation in comparison with the case-law of the European Court of Human Rights a conclusion is offered on the possibility of restriction of appeal against the court verdict on the basis of the agreement in case of observance of procedural norms which are regulated in art. 474 of the Criminal Procedure Code of Ukraine. In addition, the prosecutor’s procedural activity during the application of the agreements institute with the procedural legislation of neighboring state Republic of Moldova is compared, which emphasizes the positive experience and the possibility of borrowing some rules for the procedural legislation of Ukraine, the need to introduce the institution of mediation in the nearest future. The procedural activity of the prosecutor is considered in case of non-compliance by the convicts with the terms of the agreement, the prosecutor’s ability to justify the need to revoke the court verdict, which approved the agreement. Problematic issues in this regard are presented, in particular, concerning the proof of a violation by the convicts of the cooperation conditions and material damages compensation or non-payment of the fine within the term established under the agreement terms. The importance of specifying the conditions of cooperation, with the condition of specific actions of the convict, the terms of their beginning and end, i.e. the fact that the essence of cooperation should be reflected in the content load.

ADMINISTRATIVE AND LEGAL REGULATION OF THE FUNCTIONING OF THE MECHANISM OF PROTECTION OF CRITICAL INFRASTRUCTURE OBJECTS IN UKRAINE

Viacheslav Krykun

Candidate of Law, Associate Professor at the Department of Law Enforcement and Police
Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)
ORCID ID: 0000-0002-5722-8968
Anotation. In the article, it has been emphasized that a separate and the most numerous groups of normative legal acts, on the basis of which the legal support of the functioning of the mechanism of protection of critical infrastructure objects is made, are acts of by-laws. It has been noted that it is in the provisions of bylaws that the norms of administrative law are most concentrated. It has been emphasized that administrative legal regulation of the functioning of the mechanism of protection of critical infrastructure objects occupies a special place within the legal framework of this sphere of public relations. The positions of legal scholars on the interpretation of the term “administrative and legal regulation” have been considered. It has been established that the special place of administrative and legal regulation during the implementation of legal support for the functioning of the mechanism of protection of critical infrastructure is due to the specifics of administrative law, through which such regulation of this area of public relations. First, such norms permeate almost all social relations, and therefore have their impact not only on the studied but also on related social relations. Secondly, most of the administrative and legal regulation is carried out through bylaws, which are the most numerous among those on the basis of which the legal support of the mechanism of protection of critical infrastructure. It has been noted that, being a part of the system of normative-legal regulation of the corresponding sphere of public relations, by-laws in their totality also form a peculiar system of legal regulation with its characteristic components – separate acts and way of their connection – legal force. It has been analyzed bylaws, on the basis of which the legal support of the mechanism of protection of critical infrastructure. Among the bylaws on the basis of which the administrative and legal regulation of the mechanism of protection of critical infrastructure has been highlighted: acts of the President of Ukraine, the Cabinet of Ministers of Ukraine and central executive bodies.
Keywords: In the article, it has been emphasized that a separate and the most numerous groups of normative legal acts, on the basis of which the legal support of the functioning of the mechanism of protection of critical infrastructure objects is made, are acts of by-laws. It has been noted that it is in the provisions of bylaws that the norms of administrative law are most concentrated. It has been emphasized that administrative legal regulation of the functioning of the mechanism of protection of critical infrastructure objects occupies a special place within the legal framework of this sphere of public relations. The positions of legal scholars on the interpretation of the term “administrative and legal regulation” have been considered. It has been established that the special place of administrative and legal regulation during the implementation of legal support for the functioning of the mechanism of protection of critical infrastructure is due to the specifics of administrative law, through which such regulation of this area of public relations. First, such norms permeate almost all social relations, and therefore have their impact not only on the studied but also on related social relations. Secondly, most of the administrative and legal regulation is carried out through bylaws, which are the most numerous among those on the basis of which the legal support of the mechanism of protection of critical infrastructure. It has been noted that, being a part of the system of normative-legal regulation of the corresponding sphere of public relations, by-laws in their totality also form a peculiar system of legal regulation with its characteristic components – separate acts and way of their connection – legal force. It has been analyzed bylaws, on the basis of which the legal support of the mechanism of protection of critical infrastructure. Among the bylaws on the basis of which the administrative and legal regulation of the mechanism of protection of critical infrastructure has been highlighted: acts of the President of Ukraine, the Cabinet of Ministers of Ukraine and central executive bodies.

LEGAL REGULATION OF CUSTOMS REGIMES IN THE EUROPEAN UNION: A POSITIVE EXPERIENCE FOR UKRAINE

Rostislav Lemekha

Candidate of Law Science, Candidate of the Degree of Doctor of Laws
Zaporizhzhya National University (Zaporizhzhya, Ukraine)
ORCID ID: 0000-0001-9013-8318
Anotation. The scientific publication is devoted to the current state of legal regulation of customs regimes in the European Union. It is noted that given Ukraine’s desire to become a full member of the European Union, the adaptation of national legislation to EU law is one of the main tasks of public administration. The importance of bringing the customs law of Ukraine in line with the norms and principles of EU law in order to develop international trade and the national economy is emphasized. The research methodology is based on an organic combination of philosophical, general scientific and special legal research methods. Among the latter, methods of comparative jurisprudence, legal dogma, statistics and methods of legal modeling are used. There are positive trends in the process of bringing national customs legislation in line with the norms and principles of EU law, the implementation of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other. However, there are also facts of inhibition of legislative activity in this direction. It is concluded that the prospects for further research on this topic is due to the need for scientific generalization of results and issues of adaptation of national legislation to the norms and principles of EU law, as well as the need to formulate specific proposals for amendments to the current Customs Code and other laws.
Keywords: The scientific publication is devoted to the current state of legal regulation of customs regimes in the European Union. It is noted that given Ukraine’s desire to become a full member of the European Union, the adaptation of national legislation to EU law is one of the main tasks of public administration. The importance of bringing the customs law of Ukraine in line with the norms and principles of EU law in order to develop international trade and the national economy is emphasized. The research methodology is based on an organic combination of philosophical, general scientific and special legal research methods. Among the latter, methods of comparative jurisprudence, legal dogma, statistics and methods of legal modeling are used. There are positive trends in the process of bringing national customs legislation in line with the norms and principles of EU law, the implementation of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other. However, there are also facts of inhibition of legislative activity in this direction. It is concluded that the prospects for further research on this topic is due to the need for scientific generalization of results and issues of adaptation of national legislation to the norms and principles of EU law, as well as the need to formulate specific proposals for amendments to the current Customs Code and other laws.

RIGHT TO A FAIR TRIAL AND ITS IMPLICATIONS FOR ADMINISTRATIVE TORT LAW INTERPRETATION

Vladyslav Lipynskyi

Candidate of Legal Sciences, Associate Professor, Director
Educational and Scientific Institute of Law and International Legal Relations of the University of Customs and Finance (Dnipro, Ukraine)
ORCID ID: 0000-0002-4373-3330
Anotation. Availing on normative-dogmatic and systemic methods of scientific research as a set of interrelated universally binding legal standards the article studies the guarantees of a fair trial enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms in terms of their impact on the interpretation of administrative tort law. The outcomes of the research make it possible to conclude that one of the most important tasks of interpretation of administrativetort legal rules in cases of administrative offenses of criminal nature is to ensure compliance with the fair trial guarantees, which requires, in particular: 1) the adversarial nature of the trial and the equality of its participants, which prescribes that a “criminal charge” during the administrative-tort proceedings must be upheld by a prosecutor or other authorized official, as well as that the person should be able to have access to all case materials and obtain evidence with the help of the court, except in cases where the evidence is not relevant to the case or the statement of their demand is not accompanied by a proper justification; 2) the proper reasoning of court decisions, which imposes an obligation on court, bearing in mind the “beyond reasonable doubt” standard of proof, to assess those arguments and evidence of the person prosecuted, which may affect the conclusion regarding his or her guilt and administrative-tort consequences of committed administrative offense; 3) right not to incriminate oneself, which makes it impossible to give weight to the evidence that the person prosecuted created under duress of legal obligation and the threat of sanctions for its enforcement; 4) compliance with the presumption of innocence, which provides, first of all, placing the burden of proof on the prosecution, the interpretation of any doubts in favour of the accused; 5) providing the person being prosecuted with the time and facilities necessary to prepare a defence, which consists, in particular, of reviewing the charges and available evidence, as well as of their proper assessment and determination of ways to defend against the prosecution, including the use of legal assistance.
Keywords: Availing on normative-dogmatic and systemic methods of scientific research as a set of interrelated universally binding legal standards the article studies the guarantees of a fair trial enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms in terms of their impact on the interpretation of administrative tort law. The outcomes of the research make it possible to conclude that one of the most important tasks of interpretation of administrativetort legal rules in cases of administrative offenses of criminal nature is to ensure compliance with the fair trial guarantees, which requires, in particular: 1) the adversarial nature of the trial and the equality of its participants, which prescribes that a “criminal charge” during the administrative-tort proceedings must be upheld by a prosecutor or other authorized official, as well as that the person should be able to have access to all case materials and obtain evidence with the help of the court, except in cases where the evidence is not relevant to the case or the statement of their demand is not accompanied by a proper justification; 2) the proper reasoning of court decisions, which imposes an obligation on court, bearing in mind the “beyond reasonable doubt” standard of proof, to assess those arguments and evidence of the person prosecuted, which may affect the conclusion regarding his or her guilt and administrative-tort consequences of committed administrative offense; 3) right not to incriminate oneself, which makes it impossible to give weight to the evidence that the person prosecuted created under duress of legal obligation and the threat of sanctions for its enforcement; 4) compliance with the presumption of innocence, which provides, first of all, placing the burden of proof on the prosecution, the interpretation of any doubts in favour of the accused; 5) providing the person being prosecuted with the time and facilities necessary to prepare a defence, which consists, in particular, of reviewing the charges and available evidence, as well as of their proper assessment and determination of ways to defend against the prosecution, including the use of legal assistance.

HISTORY OF ESTABLISHMENT OF THE INSTITUTE OF SPECIAL CONFISCATION IN THE LEGISLATION OF UKRAINE AND OF CERTAIN EUROPEAN STATES

Anastasia Lukomska

Graduate Student at the Department of Criminal Procedure and Criminology
Academy of Advocacy of Ukraine (Kyiv, Ukraine)
ORCID ID: 0000-0001-9159-5553
Anotation. Ukraine’s determination of its vector of foreign policy development in favor of the European Union has led to many processes, including the adaptation of national legislation to the European standards. One of the steps aimed at adapting the legislation was the legislative consolidation of the special confiscation institute. Adaptation of legislation is a long and painstaking process of constant changes and additions. This process is not possible without an analysis of the historical experience of regulation and the use of special confiscation. The study of the genesis of the institute of special confiscation makes it possible to formulate the basic principles underlying the institute. At the same time, the analysis of the historical experience of regulating special confiscation in some European states makes it possible to formulate a European concept of special confiscation, which is undoubtedly a necessary element for the realization of the European integration process in Ukraine.
Keywords: Ukraine’s determination of its vector of foreign policy development in favor of the European Union has led to many processes, including the adaptation of national legislation to the European standards. One of the steps aimed at adapting the legislation was the legislative consolidation of the special confiscation institute. Adaptation of legislation is a long and painstaking process of constant changes and additions. This process is not possible without an analysis of the historical experience of regulation and the use of special confiscation. The study of the genesis of the institute of special confiscation makes it possible to formulate the basic principles underlying the institute. At the same time, the analysis of the historical experience of regulating special confiscation in some European states makes it possible to formulate a European concept of special confiscation, which is undoubtedly a necessary element for the realization of the European integration process in Ukraine.

LEGAL REGULATION OF LAND RELATIONS IN VOLHYN IN 1939 – 1941 AS A MEANS OF ECONOMIC DEROGATION OF INDIVIDUAL PEASANTS’ FARMSTEADS

Мykhailo Makharynets

Postgraduate Student at the Department of History of State and Law
National Academy of Internal Affairs (Kyiv, Ukraine)
ORCID ID: 0000-0003-1478-1306
Anotation. In the statements of the scientific article author analyses influence and consequences of the legal regulation of land relations which was conducted by soviet government in relation to individual peasants farmsteads in Volhyn in 1939-1941. The system of methods of scientific cognition is used: formal logic, empirical, comparative and source study methods – to find out in detail content of studied questions. Method of system analysis is used for generalization of peculiarities of legal regulation of land relations. Analysis of statistic data was conducted on the basis of comparison parallel data and analytic assortment methods. Aim of article. Based on the analysis of the organizational and legal grounds of activity of soviet government as a participant of legal relations to refute a dominant thesis in scientific literature about the transfer of majority of confiscated in 1939-1941 years landlord and church lands to a landless or partially landless peasants for the purpose of developing their material welfare and establishment of social justice. As a result of agricultural transformations in 1939-1941years in Volhyn there was not enough confiscated land transferred to landless or partially landless peasants for conducting self-sustaining farmstead. While the middle farmsteads because of the dispossession of the lands which was stepping out from the established by soviet government limiting measures of individual land use were turned to economically weak. Actions taken by soviet government in the sphere of legal regulation of land relations pursued a goal not to establish social justice and improve welfare of rural population, but to transfer majority of the peasants’ farmsteads to economically weak which won’t be able to stand tax bargain with the strict regimentation and intensified state control. Most of the confiscated land was transferred to soviet government through its commercial entities – collective and state farms, state land fund and not to peasants farmsteads.
Keywords: In the statements of the scientific article author analyses influence and consequences of the legal regulation of land relations which was conducted by soviet government in relation to individual peasants farmsteads in Volhyn in 1939-1941. The system of methods of scientific cognition is used: formal logic, empirical, comparative and source study methods – to find out in detail content of studied questions. Method of system analysis is used for generalization of peculiarities of legal regulation of land relations. Analysis of statistic data was conducted on the basis of comparison parallel data and analytic assortment methods. Aim of article. Based on the analysis of the organizational and legal grounds of activity of soviet government as a participant of legal relations to refute a dominant thesis in scientific literature about the transfer of majority of confiscated in 1939-1941 years landlord and church lands to a landless or partially landless peasants for the purpose of developing their material welfare and establishment of social justice. As a result of agricultural transformations in 1939-1941years in Volhyn there was not enough confiscated land transferred to landless or partially landless peasants for conducting self-sustaining farmstead. While the middle farmsteads because of the dispossession of the lands which was stepping out from the established by soviet government limiting measures of individual land use were turned to economically weak. Actions taken by soviet government in the sphere of legal regulation of land relations pursued a goal not to establish social justice and improve welfare of rural population, but to transfer majority of the peasants’ farmsteads to economically weak which won’t be able to stand tax bargain with the strict regimentation and intensified state control. Most of the confiscated land was transferred to soviet government through its commercial entities – collective and state farms, state land fund and not to peasants farmsteads.

SYNERGY AND ITS INFLUENCE ON RELATIONSHIPS OCCURRING UNDER TIME OF INTERROGATION OF A MINOR VICTIM IN THE CRIMINAL PROCEEDINGS OF UKRAINE

Oksana Melnyk, Myroslav Popovych

Oksana Melnyk. Candidate of Law, Associate Professor, Associate Professor at the Department of Criminal Procedure National Academy of Internal Affairs (Kyiv, Ukraine)
Myroslav Popovych. Head of the Forensic Laboratory named aftter Hans Gross Yuriy Fedkovych Chernivtsi National University (Chernivtsi, Ukraine)
ORCID ID: 0000-0003-1805-830X, ORCID ID: 0000-0003-4807-6621
Anotation. This article is devoted to a comprehensive study of the concept of interrogation of a minor victim in criminal proceedings in Ukraine in today’s conditions. Emphasis is placed on synergies and their impact on criminal procedural relations that arise during the interrogation of a child. The high axiological significance of an integrated approach to solving the problem of effective interrogation in today’s conditions, especially during the worldwide distribution of Covid-19, has been determined. It is concluded that given the priority of children’s rights in criminal proceedings, the task of applying the best methods of interrogation should be a consequence, with the help of special equipment to create a child’s sense of physical and psychological security, reduce possible mental trauma during investigative (procedural) and procedural actions. In addition, in matters relating to justice involving child victims and witnesses to crime, the rights of children to childfriendly procedures are proclaimed, including by providing rooms for child-specific interviews, creation of interdisciplinary services for child victims in the same area, adaptation of court premises to the interests of child witnesses, establishment of breaks in the process of testifying by a child, setting of hearings at a time of day appropriate to the child’s age and maturity, establishment of an appropriate system notifications, which ensures that the child is summoned to court only if necessary, the adoption of other measures to facilitate the process of giving evidence by the child.
Keywords: This article is devoted to a comprehensive study of the concept of interrogation of a minor victim in criminal proceedings in Ukraine in today’s conditions. Emphasis is placed on synergies and their impact on criminal procedural relations that arise during the interrogation of a child. The high axiological significance of an integrated approach to solving the problem of effective interrogation in today’s conditions, especially during the worldwide distribution of Covid-19, has been determined. It is concluded that given the priority of children’s rights in criminal proceedings, the task of applying the best methods of interrogation should be a consequence, with the help of special equipment to create a child’s sense of physical and psychological security, reduce possible mental trauma during investigative (procedural) and procedural actions. In addition, in matters relating to justice involving child victims and witnesses to crime, the rights of children to childfriendly procedures are proclaimed, including by providing rooms for child-specific interviews, creation of interdisciplinary services for child victims in the same area, adaptation of court premises to the interests of child witnesses, establishment of breaks in the process of testifying by a child, setting of hearings at a time of day appropriate to the child’s age and maturity, establishment of an appropriate system notifications, which ensures that the child is summoned to court only if necessary, the adoption of other measures to facilitate the process of giving evidence by the child.

RESPONSIBILITY OF INDIVIDUALS IN THE FIELD OF ADULT GUARDIANSHIP

Mykhailo Mertsalov

Postgraduate Student at the Department of Civil, Labour and Commercial Law
Oles Honchar Dnipro National University (Dnipro, Ukraine)
ORCID ID: 0000-0001-6756-9494
Anotation. The author of this article analyzed legislation of Ukraine on the responsibility of guardians of incapacity and limited capacity persons for breach of their duties. Also, was establishing statistical information of law enforcement on the criminal incident as non-compliance with obligations for child care or person on the established guardianship. Has been found to be associated using in other norms law imprecise terms, lack of criminalizing on the actions of guardian of wards, which are not suppose severe consequences for failure to comply with their obligations. Proposed solutions to analyzed deficiencies, such as add a new norm to the Code of Ukraine on Administrative Offenses.
Keywords: The author of this article analyzed legislation of Ukraine on the responsibility of guardians of incapacity and limited capacity persons for breach of their duties. Also, was establishing statistical information of law enforcement on the criminal incident as non-compliance with obligations for child care or person on the established guardianship. Has been found to be associated using in other norms law imprecise terms, lack of criminalizing on the actions of guardian of wards, which are not suppose severe consequences for failure to comply with their obligations. Proposed solutions to analyzed deficiencies, such as add a new norm to the Code of Ukraine on Administrative Offenses.

THE PROBLEMATIC ASPECTS OF DETERMINING THE ADMINISTRATIVE AND LEGAL STATUS OF A JUDGE OF THE SUPREME ANTI-CORRUPTION COURT OF UKRAINE

Oleksandr Mieniailov

PhD Student at the Department of Administrative Law
University of Modern Knowledge (Kyiv, Ukraine)
ORCID ID: 0000-0002-7877-305Х
Anotation. The article analyzes the features and problems of determining the administrative and legal status of a judge of the Supreme Anti-Corruption Court (HACC) of Ukraine in terms of specific requirements for such a person, which are not identical to the requirements for other judges. The current legislation provides for special powers of WACS judges, which are disclosed at the legislative level through the institution of jurisdiction. The analysis of the current regulations allowed to establish the discrepancies between the jurisdiction of the WACS and the jurisdiction of anti-corruption bodies, which reduces the efficiency of their operation and “blurs” the understanding of its administrative and legal status. The study revealed duplication of legal norms in the provisions of the law on special training of judges in order to increase their competence. The need to strengthen the role of the Public Council of International Experts as an important element of the mechanism for selecting WACS judges is substantiated. It is proposed to solve the identified problematic issues by the method of bringing jurisdiction in line by amending the existing provisions of regulations, namely Article 33 of the Criminal Procedure Code of Ukraine; to Article 12 of the Law of Ukraine “On the Supreme Anti-Corruption Court” in accordance with the Law “On the Judiciary and the Status of Judges”. At the same time, strengthening the role of the Public Council of International Experts seems to be an expedient way both to improve the procedure of its formation and to introduce a separate stage of the candidate’s interview with the members of the Council.
Keywords: The article analyzes the features and problems of determining the administrative and legal status of a judge of the Supreme Anti-Corruption Court (HACC) of Ukraine in terms of specific requirements for such a person, which are not identical to the requirements for other judges. The current legislation provides for special powers of WACS judges, which are disclosed at the legislative level through the institution of jurisdiction. The analysis of the current regulations allowed to establish the discrepancies between the jurisdiction of the WACS and the jurisdiction of anti-corruption bodies, which reduces the efficiency of their operation and “blurs” the understanding of its administrative and legal status. The study revealed duplication of legal norms in the provisions of the law on special training of judges in order to increase their competence. The need to strengthen the role of the Public Council of International Experts as an important element of the mechanism for selecting WACS judges is substantiated. It is proposed to solve the identified problematic issues by the method of bringing jurisdiction in line by amending the existing provisions of regulations, namely Article 33 of the Criminal Procedure Code of Ukraine; to Article 12 of the Law of Ukraine “On the Supreme Anti-Corruption Court” in accordance with the Law “On the Judiciary and the Status of Judges”. At the same time, strengthening the role of the Public Council of International Experts seems to be an expedient way both to improve the procedure of its formation and to introduce a separate stage of the candidate’s interview with the members of the Council.

THE INFLUENCE OF POSITIVE LEGAL REGULATION ON THE STATE OF SATISFACTION OF HUMAN NEEDS AND INTERESTS

Anna Nakonechna

Assistant Professor at the Department of Theory and Philosophy of Law
Ivan Franko National University of Lviv (Lviv, Ukraine)
ORCID ID: 0000-0003-0622-9386
Anotation. In the article a question is analyzed in relation to forms of influence of positive legal regulation on the state of satisfaction of human needs and interests, namely: a) a direct that relates to the legal needs itself. It consists that through these or other remedies such needs (interests) can be fully satisfied (one hundred percent) b) indirect, which addresses all other needs and consists in promotion and satisfaction human needs and interests through a variety of legal means. It has also been reviewed the basic directions of indirect influence of legal regulation on the state of satisfaction of human needs and interests: 1) descriptive (objectifying) (defining the content of human needs and interests); 2) orientation (indicating the person what tools and in what order it should use to satisfy a particular need and interest); 3) comparable (influencing the formation of a hierarchy of needs and interests according to their importance to the subject); 4) distribution (legal regulation serves as one of the means of distribution of basic social goods); 5) security (regulation of activities on safeguard and protection of values, and in case of their damage or destruction, the establishment of procedures for their rehabilitation). It is emphasized that the level of realization of such directions of indirect influence by such regulation depends on a number of circumstances, among which decisive role is played by its social essence: it is the interest of the dominant part of society, whose will is usually expressed by such legal regulation (and sometimes by the interest of the whole society), the corresponding values determine how the state uses its right as an instrument (means of distribution and protection of the latter).
Keywords: In the article a question is analyzed in relation to forms of influence of positive legal regulation on the state of satisfaction of human needs and interests, namely: a) a direct that relates to the legal needs itself. It consists that through these or other remedies such needs (interests) can be fully satisfied (one hundred percent) b) indirect, which addresses all other needs and consists in promotion and satisfaction human needs and interests through a variety of legal means. It has also been reviewed the basic directions of indirect influence of legal regulation on the state of satisfaction of human needs and interests: 1) descriptive (objectifying) (defining the content of human needs and interests); 2) orientation (indicating the person what tools and in what order it should use to satisfy a particular need and interest); 3) comparable (influencing the formation of a hierarchy of needs and interests according to their importance to the subject); 4) distribution (legal regulation serves as one of the means of distribution of basic social goods); 5) security (regulation of activities on safeguard and protection of values, and in case of their damage or destruction, the establishment of procedures for their rehabilitation). It is emphasized that the level of realization of such directions of indirect influence by such regulation depends on a number of circumstances, among which decisive role is played by its social essence: it is the interest of the dominant part of society, whose will is usually expressed by such legal regulation (and sometimes by the interest of the whole society), the corresponding values determine how the state uses its right as an instrument (means of distribution and protection of the latter).

URBAN GOVERNMENT OF UKRAINIAN CITIES IN THE MIDDLE AGES

Vitalii Nestor

Candidate of Law Sciences
ORCID ID: 0000-0002-8194-1392
Anotation. The aim of the article is to study city government during the Middle Ages and to formulate conclusions and proposals that will be useful in analyzing the current state of the city government in Ukraine. The tasks aimed at achieving this goal are to analyze the positions of modern Ukrainian scholars on Magdeburg law. The study is based on the prevalence of the historical method. Methods inherent in legal science, such as analysis, synthesis, induction, deduction, are also used. In conducting the study, the author relied on hermeneutic and axiological approaches to selected issues. It is necessary to emphasize the following important provisions for the study of the current state of city government in Ukraine: a) in each place of self-government was unique, uniqueness was determined by the characteristics, needs of the city; b) in each city, self-government was self-sufficient in terms of the presence of representative bodies, their executive bodies (officials with executive functions), as well as judicial bodies. Finally, it should be emphasized that not all cities in modern Ukraine had the right to organize self-government in accordance with the charters issued under the Magdeburg or Helminth law. Such diplomas were received only by the most significant in terms of population or their political, economic and other functions of the city. Small, undocumented cities used a less complex system of municipal self-government. As a rule, it included a collegial representative body (such as the council), its head (such as the mayor, the voit) and the executive body. For the most part, the absence of the Magdeburg charter meant the absence of a city court – a bench in the city. At present, it is advisable in Ukraine to introduce an approach according to which city government should not be unified, but adapted to the challenges facing territorial communities.
Keywords: The aim of the article is to study city government during the Middle Ages and to formulate conclusions and proposals that will be useful in analyzing the current state of the city government in Ukraine. The tasks aimed at achieving this goal are to analyze the positions of modern Ukrainian scholars on Magdeburg law. The study is based on the prevalence of the historical method. Methods inherent in legal science, such as analysis, synthesis, induction, deduction, are also used. In conducting the study, the author relied on hermeneutic and axiological approaches to selected issues. It is necessary to emphasize the following important provisions for the study of the current state of city government in Ukraine: a) in each place of self-government was unique, uniqueness was determined by the characteristics, needs of the city; b) in each city, self-government was self-sufficient in terms of the presence of representative bodies, their executive bodies (officials with executive functions), as well as judicial bodies. Finally, it should be emphasized that not all cities in modern Ukraine had the right to organize self-government in accordance with the charters issued under the Magdeburg or Helminth law. Such diplomas were received only by the most significant in terms of population or their political, economic and other functions of the city. Small, undocumented cities used a less complex system of municipal self-government. As a rule, it included a collegial representative body (such as the council), its head (such as the mayor, the voit) and the executive body. For the most part, the absence of the Magdeburg charter meant the absence of a city court – a bench in the city. At present, it is advisable in Ukraine to introduce an approach according to which city government should not be unified, but adapted to the challenges facing territorial communities.