Journal №6 (34) vol. 2 / 2020|KELM

LIST OF FILES

INTRODUCTION OF MODERN INNOVATIVE TECHNOLOGIES AS A MEANS OF DEVELOPING THE CREATIVE POTENTIAL OF TEACHERS MEDICAL STUDENTS

Iryna Pylypchuk, Vadym Flud

Iryna Pylypchuk, Candidate of Medical Sciences, Vice-Dean of Medical Faculty, Assistant Professor at the Department of Obstetriсs and Gynecology Danylo Halytsky Lviv National Medical University (Lviv, Ukraine)
Vadym Flud, Candidate of Medical Sciences, Head of the Simulation Training Center, Assistant Professor at the Department of Obstetriсs and Gynecology Danylo Halytsky Lviv National Medical University, (Lviv, Ukraine)

ORCID ID: 0000-0001-7205-3740, ORCID ID: 0000-0002-1563-604X

Anotation. The article reveals the significance and importance of the implementation and the use of modern simulation training in the preparation of medical students. The article considers the аdvantages and disadvantages, the ways of improving of training of medical students for the use of information technologies in their future profession. The basic directions and ways of application of information technologies in training and management of medical education are allocated. The advantages and disadvantages of introducing innovative technologies in the teaching process and proved. It is shown that the use of these technologies in education increases the motivation of students to the chosen specialty and promotes the formation of professional thinking and creative approach in practice. It is demonstrated that innovative technologies reveal the creative potential of teachers and students.
Keywords: The article reveals the significance and importance of the implementation and the use of modern simulation training in the preparation of medical students. The article considers the аdvantages and disadvantages, the ways of improving of training of medical students for the use of information technologies in their future profession. The basic directions and ways of application of information technologies in training and management of medical education are allocated. The advantages and disadvantages of introducing innovative technologies in the teaching process and proved. It is shown that the use of these technologies in education increases the motivation of students to the chosen specialty and promotes the formation of professional thinking and creative approach in practice. It is demonstrated that innovative technologies reveal the creative potential of teachers and students.

ANALYSIS OF LEADERSHIP QUALITIES OF FUTURE NURSING CARE SPECIALISTS IN THE ORGANIZATION OF PRIMARY HIV PREVENTION AMONG YOUNG STUDENTS

Olga Tkachuk

Teacher of the Highest Qualification Category, Teacher-Methodologist, Infectology Teacher
Khmelnytskyi Basic Medical College (Khmelnytskyi, Ukraine)

ORCID ID: 0000-0002-517783-01

Anotation. The article defines and analyses the leadership qualities of the future nursing care specialist in the organization of primary HIV prevention among young students. The selection and differentiation of the most important leadership qualities required in the organization of primary HIV prevention among young students was carried out in the following groups: general management, actual leadership and specific, specific to the medical field. The need for each of the selected qualities for the successful functioning of a leader in the organization of primary HIV prevention among young students is substantiated. The need to include the requirements for the training of future nursing care professionals – leaders in the organization of primary HIV prevention – in the educational process was proved. The possibility and the need for forming leadership qualities with medical college students, which should be taken as the basis of the educational ideal of the future nursing care specialist – a leader in order to successfully organize the primary prevention of HIV among young students were established.
Keywords: The article defines and analyses the leadership qualities of the future nursing care specialist in the organization of primary HIV prevention among young students. The selection and differentiation of the most important leadership qualities required in the organization of primary HIV prevention among young students was carried out in the following groups: general management, actual leadership and specific, specific to the medical field. The need for each of the selected qualities for the successful functioning of a leader in the organization of primary HIV prevention among young students is substantiated. The need to include the requirements for the training of future nursing care professionals – leaders in the organization of primary HIV prevention – in the educational process was proved. The possibility and the need for forming leadership qualities with medical college students, which should be taken as the basis of the educational ideal of the future nursing care specialist – a leader in order to successfully organize the primary prevention of HIV among young students were established.

INTEGRATION OF THE CONTENT OF THE EDUCATIONAL PROCESS AS THE MAIN FACTOR OF FORMATION OF FUNDAMENTALS OF HARMONIOUS WORLD PERCEPTION IN CHILDREN 5–8 YEARS OLD

Svitlana Yakymenko

Candidate of Pedagogical Sciences, Professor, Professor at the Department of Pedagogy of Primary Education
V. O. Sukhomlynskyi Mykolaiv National University (Mykolaiv, Ukraine)

ORCID ID: 0000-0002-6722-6333

Anotation. The article considers the problem of relevance of integration of the content of the educational process as the main factor in forming the foundations of worldview in children 5–8 years, which creates conditions for the full holistic development of the child’s personality. Different approaches of researchers to understanding the essence of the concept of “integration” and the impact of this phenomenon on the formation of children’s worldview on the basis of a holistic view of nature and society, the development of values, humanistic orientation of the individual. Emphasis is placed on the theoretical and methodological foundations of knowledge integration in education.
Keywords: The article considers the problem of relevance of integration of the content of the educational process as the main factor in forming the foundations of worldview in children 5–8 years, which creates conditions for the full holistic development of the child’s personality. Different approaches of researchers to understanding the essence of the concept of “integration” and the impact of this phenomenon on the formation of children’s worldview on the basis of a holistic view of nature and society, the development of values, humanistic orientation of the individual. Emphasis is placed on the theoretical and methodological foundations of knowledge integration in education.

MOTIVATIONAL COMPONENT IN EFL TRANSLATION CLASSROOM INSTRUCTIONAL DESIGN

Olena Yaremenko-Gasiuk

Candidate of Pedagogical Sciences, Associate Professor, Associate Professor at the Department of Foreign Languages
National Pedagogical Dragomanov University (Kyiv, Ukraine)

ORCID ID: 0000-0002-9544-4733

Anotation. The concept of motivation is defined as a system based on the unity of internal factors and external stimuli that determine human behavior. Motivation is considered to be an important factor for successful learning. That’s why, in this study we would like to explore motivational component in English as a foreign language (EFL) translation classrooms for the third and fourth-year students of non-philological departments and faculties at English Theory and Practice of Translation Education Program in a National Pedagogical University in Kyiv, Ukraine. The students’ questionnaires revealed some instructional design strategies (IDS) that can enhance the motivational component of the students in EFL translation classrooms instructional design from the future teachers’ point of view. The important issue is that there are some factors of which students of Teacher Training Institutions are aware and interested in due to profession they master and they can provide teachers of foreign languages with some ideas, so they, in turn, can increase their students’ level of motivation, particularly in their EFL translation classrooms. We should say that many international studies have already explored some strategies that teachers use in EFL contexts, moreover, some scientists classify them according to certain characteristic (Dornyei, Rost, Schmidt etc.), which was very helpful for our study to proceed and obtain positive results.
Keywords: The concept of motivation is defined as a system based on the unity of internal factors and external stimuli that determine human behavior. Motivation is considered to be an important factor for successful learning. That’s why, in this study we would like to explore motivational component in English as a foreign language (EFL) translation classrooms for the third and fourth-year students of non-philological departments and faculties at English Theory and Practice of Translation Education Program in a National Pedagogical University in Kyiv, Ukraine. The students’ questionnaires revealed some instructional design strategies (IDS) that can enhance the motivational component of the students in EFL translation classrooms instructional design from the future teachers’ point of view. The important issue is that there are some factors of which students of Teacher Training Institutions are aware and interested in due to profession they master and they can provide teachers of foreign languages with some ideas, so they, in turn, can increase their students’ level of motivation, particularly in their EFL translation classrooms. We should say that many international studies have already explored some strategies that teachers use in EFL contexts, moreover, some scientists classify them according to certain characteristic (Dornyei, Rost, Schmidt etc.), which was very helpful for our study to proceed and obtain positive results.

PHILOSOPHY OF CRITICAL THINKING AND REFLECTION IN THE AXIOLOGY OF CIVIL CULTURE DEVELOPMENT

Anna Nabokova

Postgraduate Student at the Department of Philosophy
Bogdan Khmelnitsky Melitopol State Pedagogical University (Melitopol, Zaporizhzhia region, Ukraine)

ORCID ID: 0000-0003-4079-0898

Anotation. The relevance and cognitive situation are due to the problem of modernization of modern higher education, which is insufficiently updated and used the methodological potential of the axiological, critical and reflective components of philosophy, in particular in the development of civic culture of higher education. At the same time, the analysis of the literature shows the presence of many theories, positions, experiences of social and personal practices of civic education. The aim of the article is to reveal the essence and constructive potential of the application of critical-reflective functions of philosophy in the implementation of the axiological approach to the development of civic culture of higher education. With the help of philosophical and general scientific approaches and functional-logical methods and cognitive procedures the creation of axiology of civic knowledge in scientificeducational process, role of critical thinking and philosophical reflection in providing fundamental value constants of civic culture is reflected. In this way the axiological approach to the development of civic culture as a construct of transforming knowledge, skills and abilities into ideological priorities of the individual and internalization of civic values is explained and the axiological paradigm is supplemented by philosophical support of transformative actions (critical-reflective procedures) of civic learning.
Keywords: The relevance and cognitive situation are due to the problem of modernization of modern higher education, which is insufficiently updated and used the methodological potential of the axiological, critical and reflective components of philosophy, in particular in the development of civic culture of higher education. At the same time, the analysis of the literature shows the presence of many theories, positions, experiences of social and personal practices of civic education. The aim of the article is to reveal the essence and constructive potential of the application of critical-reflective functions of philosophy in the implementation of the axiological approach to the development of civic culture of higher education. With the help of philosophical and general scientific approaches and functional-logical methods and cognitive procedures the creation of axiology of civic knowledge in scientificeducational process, role of critical thinking and philosophical reflection in providing fundamental value constants of civic culture is reflected. In this way the axiological approach to the development of civic culture as a construct of transforming knowledge, skills and abilities into ideological priorities of the individual and internalization of civic values is explained and the axiological paradigm is supplemented by philosophical support of transformative actions (critical-reflective procedures) of civic learning.

THE LIFE AND WORK OF SCIENTIST OLEKSII ZASUKHIN (1884‑1922) IN HISTORIOGRAPHICAL DEVELOPMENTS OF MODERN SCIENCE IN UKRAINE

Olga Osadcha

Postgraduate student
National Scientific Agricultural Library of the National Academy of Agrarian Sciences of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0001-7488-7829

Anotation. The purpose of this article was to conduct research on the history of scientific and practical activities of the scientist Oleksii Mykolaiovych Zasukhin (1884–1922). This paper uses historiographical analysis to show how the research of Zasukhin affected the development of agricultural science in Ukraine. This study used historicalcomparative, historical-systemic, as well as methods of source analysis and personalization. Individual publications were analyzed that documented the life and work of Zasukhin, one of the founders of agricultural research on the sandy soils of Polissya, Ukraine. Some aspects of his life and work – have already been studied in domestic historiography, but his research and organizational work has not yet received proper and sufficient coverage in the scientific literature. The historiography of the question is divided into two groups. The first includes scientific research on the way of life and scientific heritage of Zasukhin. The second group analyzed some brief reference works on the scientist. The analysis of the two groups revealed similar information; in most cases the literature does not go beyond biographical information. In particular, studies that would highlight the influence of Zasukhin on the development of agriculture in the research fields of the All-Russian Society of Sugar Producers, Bezenchuk Agricultural Research Station, Kharkiv Regional Agricultural Research Station and Radomysl Agricultural Research Station – has escaped the attention of researchers. The achievements of agrarian historians are analyzed and suggestions given for further research.
Keywords: The purpose of this article was to conduct research on the history of scientific and practical activities of the scientist Oleksii Mykolaiovych Zasukhin (1884–1922). This paper uses historiographical analysis to show how the research of Zasukhin affected the development of agricultural science in Ukraine. This study used historicalcomparative, historical-systemic, as well as methods of source analysis and personalization. Individual publications were analyzed that documented the life and work of Zasukhin, one of the founders of agricultural research on the sandy soils of Polissya, Ukraine. Some aspects of his life and work – have already been studied in domestic historiography, but his research and organizational work has not yet received proper and sufficient coverage in the scientific literature. The historiography of the question is divided into two groups. The first includes scientific research on the way of life and scientific heritage of Zasukhin. The second group analyzed some brief reference works on the scientist. The analysis of the two groups revealed similar information; in most cases the literature does not go beyond biographical information. In particular, studies that would highlight the influence of Zasukhin on the development of agriculture in the research fields of the All-Russian Society of Sugar Producers, Bezenchuk Agricultural Research Station, Kharkiv Regional Agricultural Research Station and Radomysl Agricultural Research Station – has escaped the attention of researchers. The achievements of agrarian historians are analyzed and suggestions given for further research.

BETWEEN THE FUTURE AND THE PAST: THE REGULARITY OF THE UKRAINIAN-RUSSIAN CIVILIZATIONAL CONFRONTATION

Oksana Patlaichuk, Olga Stupak

Oksana Patlaichuk, Candidate of Philosophy Science, Associate Professor, Associate Professor at the Department of Philosophy and Cultural Studies Admiral Makarov National University of Shipbuilding (Mykolaiv, Ukraine)
Olga Stupak, Lecturer at the Department of Philosophy and Cultural Studies Admiral Makarov National University of Shipbuilding (Mykolaiv, Ukraine)

ORCID ID: 0000-0002-1448-3360, ORCID ID: 0000-0001-7846-1489

Anotation. Given the urgency of the problem of Ukraine's civilized choice, in the context of Russia's implementation of an aggressive reintegration strategy in the post-Soviet space, the article briefly outlines the algorithms of the Russian political regime in the historical context. During five centuries Russia has been carrying out one and the same policy, applying technique of destabilization, intimidation and bribery, expanding its territory, drawing out resources to be used in their turn for a new expansion. It is shown that the analysis of the content of modern geopolitics of is impossible without taking into account the sociocultural basis of its creation and development, the real process of formation and approval of political and legal values, and finally, without understanding history as a reality filled with concrete actions, ideas, beliefs. Perfect example of intertemporal analogies are specific political judicial processes of 1940s and cases of Ukrainian political prisoners – Katyn case of 1940 and “Crimea case of February 26, 2014”. It is proved that cyclical isolation is one of the essential features of the way of life of the Russian Empire, and every attempt at modernization turns into a state of crisis and a new form of dogmatism.
Keywords: Given the urgency of the problem of Ukraine's civilized choice, in the context of Russia's implementation of an aggressive reintegration strategy in the post-Soviet space, the article briefly outlines the algorithms of the Russian political regime in the historical context. During five centuries Russia has been carrying out one and the same policy, applying technique of destabilization, intimidation and bribery, expanding its territory, drawing out resources to be used in their turn for a new expansion. It is shown that the analysis of the content of modern geopolitics of is impossible without taking into account the sociocultural basis of its creation and development, the real process of formation and approval of political and legal values, and finally, without understanding history as a reality filled with concrete actions, ideas, beliefs. Perfect example of intertemporal analogies are specific political judicial processes of 1940s and cases of Ukrainian political prisoners – Katyn case of 1940 and “Crimea case of February 26, 2014”. It is proved that cyclical isolation is one of the essential features of the way of life of the Russian Empire, and every attempt at modernization turns into a state of crisis and a new form of dogmatism.

EROTIC DISCOURSE IN THE MEN’S POSTMODERN NOVEL

Lubov Pecherskyh

Ph.D. in Philology, Doctorate Student at Leonid Ushkalov Department of Ukrainian Literature and Journalism
H. S. Skovoroda Kharkiv National Pedagogical University (Kharkiv, Ukraine)

ORCID ID: 0000-0003-1377-4462

Anotation. In the cource of the scientific article the author analyzes the artistic manifestations of the erotic category on the material of the novels by Yu. Andrukhovych, Yu. Vynnychuk, S. Zhadan. Using traditional general scientific methods of deconstruction, metatextuality, intertextuality, as well as the comparative-historical method, the fundamental differences in the vision of the erotic category in men's prose in comparison with women's are clarified. It is pointed out that the sacrament in the author's novels corresponds to the category of J. Batay's orgy, as it carries the burden of temporarily violating prohibitions as opposed to the total inexorability of the opposing situation, hostile forces or circumstances. It is observed that the synthetic female image is created in the texts by coloristic, graphic, dynamic, sound, kinesthetic, metaphorical, linguistic diminutive means. The most erotically colored are the images of hands, voice, sound image of rhythmic singing, salvation from excessive erotic impressions are the closed eyes of the hero. In the course of the research the manifestations of the erotic discourse of Yu. Vynnychuk are defined, ironic and sarcastic depiction of women, the image of the art of cooking, the cardinal anti-coercion of interaction, the desire to preserve their own boundaries are among them. It turns out that the images of infantile sexuality and immature eroticism were formed in the “Depeche Mode” and are preserved in the later texts by S. Zhadan.
Keywords: In the cource of the scientific article the author analyzes the artistic manifestations of the erotic category on the material of the novels by Yu. Andrukhovych, Yu. Vynnychuk, S. Zhadan. Using traditional general scientific methods of deconstruction, metatextuality, intertextuality, as well as the comparative-historical method, the fundamental differences in the vision of the erotic category in men's prose in comparison with women's are clarified. It is pointed out that the sacrament in the author's novels corresponds to the category of J. Batay's orgy, as it carries the burden of temporarily violating prohibitions as opposed to the total inexorability of the opposing situation, hostile forces or circumstances. It is observed that the synthetic female image is created in the texts by coloristic, graphic, dynamic, sound, kinesthetic, metaphorical, linguistic diminutive means. The most erotically colored are the images of hands, voice, sound image of rhythmic singing, salvation from excessive erotic impressions are the closed eyes of the hero. In the course of the research the manifestations of the erotic discourse of Yu. Vynnychuk are defined, ironic and sarcastic depiction of women, the image of the art of cooking, the cardinal anti-coercion of interaction, the desire to preserve their own boundaries are among them. It turns out that the images of infantile sexuality and immature eroticism were formed in the “Depeche Mode” and are preserved in the later texts by S. Zhadan.

THE PROBLEM OF THE ORIGIN OF COMPUTER TERMS

Inna Rohalska-Yakubova, Nataliia Chepelyuk

Inna Rohalska-Yakubova, Ph.D. in Philology, Senior Lecturer at the Language Training Department State University of Intellectual Technologies and Telecommunications (Odesa, Ukraine)
Nataliia Chepelyuk, Ph.D. in Pedagogy, Associate Professor at the Language Training Department State University of Intellectual Technologies and Telecommunications (Odesa, Ukraine)

ORCID ID: 0000-0002-7975-7801, ORCID ID: 0000-0002-6822-9691

Anotation. The article is devoted to the analysis of the origin and meaning of the most common computer termsanglicisms used in the Ukrainian language. The ways of creating terms in English, possible variants of motivation in the original language are investigated. Among the computer terms in the English language the most common are the ones with the international components (algorithm, process, peripherals, virus, Trojan, kilo-, mega-, tera-, etc.), terms formed from common words by metaphorical transfer (cluster, driver, utility, traffic, content, cache, master, bridge, bus, node, package, worm, etc.), various types of abbreviations (modem, codec, bit, spam), which are sometimes used without translation (www, IP, USB, DVD), derivatives with productive suffixes, the most common of which are -er-, lexical items formed by stem-compositions (hardware, software, gateway, login). Terms with international components known from other branches are the fastest to learn, while reinterpreted, complexly abbreviated derivatives are the most difficult to perceive, where folk etymology and distortion of meaning can take place.
Keywords: The article is devoted to the analysis of the origin and meaning of the most common computer termsanglicisms used in the Ukrainian language. The ways of creating terms in English, possible variants of motivation in the original language are investigated. Among the computer terms in the English language the most common are the ones with the international components (algorithm, process, peripherals, virus, Trojan, kilo-, mega-, tera-, etc.), terms formed from common words by metaphorical transfer (cluster, driver, utility, traffic, content, cache, master, bridge, bus, node, package, worm, etc.), various types of abbreviations (modem, codec, bit, spam), which are sometimes used without translation (www, IP, USB, DVD), derivatives with productive suffixes, the most common of which are -er-, lexical items formed by stem-compositions (hardware, software, gateway, login). Terms with international components known from other branches are the fastest to learn, while reinterpreted, complexly abbreviated derivatives are the most difficult to perceive, where folk etymology and distortion of meaning can take place.

METHODOLOGY OF CHOOSING TERTIUM COMPARATIONIS TO STUDY THE CATEGORY OF DIMINUTIVENESS IN DIFFERENT INDO-EUROPEAN LANGUAGES

Olha Romanenko

Postgraduate Student at Professor G.G. Pocheptsov Department of Germanic and Finno-Ugric Philology
Kyiv National Linguistic University (Kyiv, Ukraine)

ORCID ID: 0000-0003-4490-5533

Anotation. The article considers the methodology of choosing tertium comparationis for the study of the category of diminutiveness in different Indo-European languages. The main approaches of the basis of comparison in contrastive linguistics are given. The linguistic nature of the choice of the tertium comparationis of category of diminutiveness in interlingual comparison has been clarified, which can be interpreted by the nature of the categorized feature. Categorical features that are universal in nature and can be a reliable basis for comparison, providing a two-pronged approach to the study of linguistic phenomena. It is noted that the category of diminutiveness can be expressed at all language levels: phonological, grammatical, lexical-semantic and cognitive. The basis of comparison in terms of expression of form and content, as well as at the functional level is investigated. Particular attention is paid to the definition of tertium comparationis at the functional level, the structure of the functional-semantic field of diminutivity is studied.
Keywords: The article considers the methodology of choosing tertium comparationis for the study of the category of diminutiveness in different Indo-European languages. The main approaches of the basis of comparison in contrastive linguistics are given. The linguistic nature of the choice of the tertium comparationis of category of diminutiveness in interlingual comparison has been clarified, which can be interpreted by the nature of the categorized feature. Categorical features that are universal in nature and can be a reliable basis for comparison, providing a two-pronged approach to the study of linguistic phenomena. It is noted that the category of diminutiveness can be expressed at all language levels: phonological, grammatical, lexical-semantic and cognitive. The basis of comparison in terms of expression of form and content, as well as at the functional level is investigated. Particular attention is paid to the definition of tertium comparationis at the functional level, the structure of the functional-semantic field of diminutivity is studied.

ANTHROPOLOGICAL PRINCIPLES OF INFLUENCE OF NATIONAL CHARACTER ON POSITIVE LAW IN THE PHILOSOPHY OF LAW BY PAMFIL YURKEVYCH

Oleksandra Sokolova

Postgraduate Student at the Department of Philosophy and International Communication
National University of Life and Environmental Sciences of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0002-1820-9246

Anotation. The new period of Western European history is marked by deepening of philosophical and anthropological problems and is accompanied, in particular, by the developed philosophical and legal concepts, when the essence of man, needs, interests, goals of its life determine the content and orientation of legal studies and the formation of new ideas. The anthropology of philosophical and legal reflection of P. Yurkevych in the perspective of interaction of national character and positive law opens up new approaches to in-depth rethinking of law consciousness, legal law, the concept of justice, etc., contributing to the «filling» of the latter with human values not covered before. Thus, the understanding of legal anthropology as a philosophical and legal justification for the true significance of the national and cultural factors of the legal dimensions of human life of civilized, without constant improvement and development of which, taking into account the peculiarities of the national character, is de-energized by a person in its creative and self-creation conditions and prospects of socio-cultural existence. What, in turn, explicates legal anthropology as a constantly expanding and deepening polylogist, free “participants” of which should be full forms of consciousness and anthropological knowledge, the presumption of the latter, in a certain sense, carrying out “requests” to the first, outlines the necessary limits of humanity of the life of a national person, its existence in society in the necessary legal relations and manifestations of justice as a person, subject of cultural creativity. The novelty of the problem highlighted in the article is what is clarified: in the philosophical and legal reflection of P. Yurkevych with civilizational progress, the need for a meaningful rethinking of national substance in the system of philosophical and legal discourse is exacerbated; anthropological dimensions of the influence of the national spirit on the formation of a positive right manipulate the completeness of constant consideration of the personality of the essence of a person as a decisively oriented law-awareness and form of legality; the induction of a positive right with the values of the national spirit as a civilizationally synthesizing factor of the existential “space” for the realization of the anthropological needs of human life is updated, as a real opportunity to hear the language of “people’s genius”, when a positive right is vital for the people to demonstrate the right-mindedness and legal worldview formed by philosophy of law. The methodological basis of the study is the general principles of worldview pluralism and objectivity, concrete-historical, systematic approach and comparative-analytical method. Research methods are determined by descriptive analysis of national influences on lawmaking in combination with comparative-historical approach and critical discourse.
Keywords: The new period of Western European history is marked by deepening of philosophical and anthropological problems and is accompanied, in particular, by the developed philosophical and legal concepts, when the essence of man, needs, interests, goals of its life determine the content and orientation of legal studies and the formation of new ideas. The anthropology of philosophical and legal reflection of P. Yurkevych in the perspective of interaction of national character and positive law opens up new approaches to in-depth rethinking of law consciousness, legal law, the concept of justice, etc., contributing to the «filling» of the latter with human values not covered before. Thus, the understanding of legal anthropology as a philosophical and legal justification for the true significance of the national and cultural factors of the legal dimensions of human life of civilized, without constant improvement and development of which, taking into account the peculiarities of the national character, is de-energized by a person in its creative and self-creation conditions and prospects of socio-cultural existence. What, in turn, explicates legal anthropology as a constantly expanding and deepening polylogist, free “participants” of which should be full forms of consciousness and anthropological knowledge, the presumption of the latter, in a certain sense, carrying out “requests” to the first, outlines the necessary limits of humanity of the life of a national person, its existence in society in the necessary legal relations and manifestations of justice as a person, subject of cultural creativity. The novelty of the problem highlighted in the article is what is clarified: in the philosophical and legal reflection of P. Yurkevych with civilizational progress, the need for a meaningful rethinking of national substance in the system of philosophical and legal discourse is exacerbated; anthropological dimensions of the influence of the national spirit on the formation of a positive right manipulate the completeness of constant consideration of the personality of the essence of a person as a decisively oriented law-awareness and form of legality; the induction of a positive right with the values of the national spirit as a civilizationally synthesizing factor of the existential “space” for the realization of the anthropological needs of human life is updated, as a real opportunity to hear the language of “people’s genius”, when a positive right is vital for the people to demonstrate the right-mindedness and legal worldview formed by philosophy of law. The methodological basis of the study is the general principles of worldview pluralism and objectivity, concrete-historical, systematic approach and comparative-analytical method. Research methods are determined by descriptive analysis of national influences on lawmaking in combination with comparative-historical approach and critical discourse.

THE IMAGE OF ITALY IN INTERPRETATION OF MYKHAILO KOTSIUBYNSKYI (ON THE MATERIAL OF SHORT STORY “PRAISE TO LIFE” AND OF HIS LETTERS)

Hanna Tryfonova, Alina Grachova

Hanna Tryfonova, Ph.D. (Social Communication), Associate Professor, Head of the Italian Philology Chair Mariupol State University (Mariupol, Donetsk region, Ukraine)
Alina Grachova, Candidate of Philological Sciences, Senior Teacher at the Italian Philology Chair Mariupol State University (Mariupol, Donetsk region, Ukraine)

ORCID ID: 0000-0003-0426-2836, ORCID ID: 0000-0002-7235-1198

Anotation. The article is dedicated to the analysis of the original perception of Italy, described in the private letters and in the short story “Praise to life” by a prominent Ukrainian impressionist writer Mykhailo Kotsiubynskyi. The use of the biographical and structural methods together with observation and description made it possible to learn the role of Italy in the life of the prosaic and to define the image of Belpaese in his interpretation. In the research there were formulated the main figurative means used by the writer in his short story to express the idea of the triumph of life amidst the tragedy. Mykhailo Kotsiubynsky’s specific style of describing the mentality of the people, the atmosphere and the historical-cultural aspects in Italy was characterized.
Keywords: The article is dedicated to the analysis of the original perception of Italy, described in the private letters and in the short story “Praise to life” by a prominent Ukrainian impressionist writer Mykhailo Kotsiubynskyi. The use of the biographical and structural methods together with observation and description made it possible to learn the role of Italy in the life of the prosaic and to define the image of Belpaese in his interpretation. In the research there were formulated the main figurative means used by the writer in his short story to express the idea of the triumph of life amidst the tragedy. Mykhailo Kotsiubynsky’s specific style of describing the mentality of the people, the atmosphere and the historical-cultural aspects in Italy was characterized.

SEARCH FOR FREEDOM IN THE WORK NETWORKS: A SOCIOLOGICAL ANALYSIS OF LIFESTYLE AND PROBLEMS OF THE MODERN FREELANCER

Kateryna Nastoyashcha

Candidate of Sociological Sciences, Associate Professor, Doctoral Student at the Department of History and Theory of Sociology
Taras Shevchenko National University of Kyiv (Kyiv, Ukraine)

ORCID ID: 0000-0002-2338-9448

Anotation. The article is devoted to the analysis of new forms of employment that appear as a result of the influence of global trends. Systematizing the latter, the author pays particular attention to freelance as a new form of employment, which is becoming increasingly popular. In this context, the author analyses the lifestyle of freelancers, based on the results of recent parallel studies. The article concludes that today freelancing is becoming a new lifestyle, within which the boundary between home and work space and time becomes very flexible and almost disappearing. Therefore, freedom in choosing orders and forming a free schedule makes the freelancer free in some things but deprived of something in another. So, the external attractiveness, freedom and independence of the lifestyle of a freelancer is not without problems and difficulties.
Keywords: The article is devoted to the analysis of new forms of employment that appear as a result of the influence of global trends. Systematizing the latter, the author pays particular attention to freelance as a new form of employment, which is becoming increasingly popular. In this context, the author analyses the lifestyle of freelancers, based on the results of recent parallel studies. The article concludes that today freelancing is becoming a new lifestyle, within which the boundary between home and work space and time becomes very flexible and almost disappearing. Therefore, freedom in choosing orders and forming a free schedule makes the freelancer free in some things but deprived of something in another. So, the external attractiveness, freedom and independence of the lifestyle of a freelancer is not without problems and difficulties.

TOLERANCE OF UKRAINIAN SOCIETY: A CHALLENGE OF TODAY OR AN IMAGINARY GOOD?

Olena Stukal

Postgraduate Student at the Department of Social Psychology
Institute of Sociology of the National Academy of Sciences of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0001-6332-5943

Anotation. The article provides an overview of the studies’ results of tolerant aspects of the functioning of Ukrainian society. In particular, the answers to some questions of the World Values Survey, the annual Monitoring of the Institute of Sociology of the National Academy of Sciences of Ukraine, the study of interpersonal political and psychological tensions of the KIIS population are presented. The perception of tolerance of the population of Ukraine in the assessments of the student audience is characterized (according to the results of the author's research). Tolerance of the domestic society was marked by the respondents as a desirable, but not existing situation. At the same time, students had different assessments of the state of tolerance of Ukrainian society and noted the conditions and factors for achieving tolerance. In particular, it was about resolving the socio-economic situation in the country, overcoming conflicts, creating a favorable atmosphere for the development of individuals, ensuring the stability of society, expanding the cultural experience of citizens, raising public awareness of the benefits of tolerance. An important criterion is the education of the individual by various agents of socialization.
Keywords: The article provides an overview of the studies’ results of tolerant aspects of the functioning of Ukrainian society. In particular, the answers to some questions of the World Values Survey, the annual Monitoring of the Institute of Sociology of the National Academy of Sciences of Ukraine, the study of interpersonal political and psychological tensions of the KIIS population are presented. The perception of tolerance of the population of Ukraine in the assessments of the student audience is characterized (according to the results of the author's research). Tolerance of the domestic society was marked by the respondents as a desirable, but not existing situation. At the same time, students had different assessments of the state of tolerance of Ukrainian society and noted the conditions and factors for achieving tolerance. In particular, it was about resolving the socio-economic situation in the country, overcoming conflicts, creating a favorable atmosphere for the development of individuals, ensuring the stability of society, expanding the cultural experience of citizens, raising public awareness of the benefits of tolerance. An important criterion is the education of the individual by various agents of socialization.

PROJECT MANAGEMENT AS A TOOL OF LOCAL INNOVATIVE DEVELOPMENT: A COMPETENCE APPROACH

Alla Ushakova

Postgraduate Student at the Department of Project Management and Management
Dnipropetrovsk Regional Institute for Public Administration of the National Academy for Public Administration under the President of Ukraine (Dnipro, Ukraine)

ORCID ID: 0000-0003-1197-978X

Anotation. The need to increase the level of project competence of public servants, in particular, local government officials, as a necessary condition for ensuring the capacity of the territorial community and investment attractiveness of the territory in which it lives, through the implementation of relevant programtarget documents (strategies, programs, projects) with the direct participation of deputies and the public, are approved at the session of the local (village, town, city) council, and, unfortunately, do not always have the proper quality necessary to ensure the success of their implementation. Project competence is considered as a component of project-oriented management, the effectiveness and efficiency of which, in turn, is reflected in the level and quality of life of the community as a whole. The author's definition of the concept of "project competence" is given.
Keywords: The need to increase the level of project competence of public servants, in particular, local government officials, as a necessary condition for ensuring the capacity of the territorial community and investment attractiveness of the territory in which it lives, through the implementation of relevant programtarget documents (strategies, programs, projects) with the direct participation of deputies and the public, are approved at the session of the local (village, town, city) council, and, unfortunately, do not always have the proper quality necessary to ensure the success of their implementation. Project competence is considered as a component of project-oriented management, the effectiveness and efficiency of which, in turn, is reflected in the level and quality of life of the community as a whole. The author's definition of the concept of "project competence" is given.

TO THE ISSUE OF INTERPRETING OF THE DEFINITION “MARKERS OF AGRICULTURAL GOODS PRODUCER IN LEGAL AND REGULATORY TERMINOLOGY”

Yurii Yarmolenko

Chief State Auditor-Inspector at the Value Added Tax Reimbursement Control Department
Main Department of the State Tax Service in Khmelnytskyi region (Khmelnytskyi, Ukraine)

ORCID ID: 0000-0002-0628-4396

Anotation. With the active development of agriculture in Ukraine as a priority branch of the economy, the further development of the branch itself will depend on the state of taxation of the main subjects in agriculture – agricultural goods producers. The author has conducted a study of the concept of such legal, managerial and at the same time financial and economic category as an “agricultural goods producer” in various legislative, legal and regulatory documents of Ukraine. The attention has been drawn to the different approaches of scientists to the definition concept of the mentioned category, as well as the absence of the unified classification of types and forms of economic entities, which should be classified as agricultural producers. The above mentioned creates the difficulties both for their interpretation and practical application in the taxation of agricultural goods producers. It has been proposed to systematize and classify the agricultural goods producers by different areas of their activities according to three relevant criteria: organizational and legal forms of management (KOPFG), types of economic activities (KVED) and the nomenclature of agricultural products (PNSG). The classification of the agricultural producers proposed for the publication, enables to improve the collection, processing and analysis of such economic entities in order to further improve the state regulation of the taxation system for the agricultural goods producers. The latter will help to qualitatively perform the information function for the needs of the taxation mechanism management system, not only for the agricultural goods producers, but also in general when taxing all business entities involved in the agricultural sector of the country's economy.
Keywords: With the active development of agriculture in Ukraine as a priority branch of the economy, the further development of the branch itself will depend on the state of taxation of the main subjects in agriculture – agricultural goods producers. The author has conducted a study of the concept of such legal, managerial and at the same time financial and economic category as an “agricultural goods producer” in various legislative, legal and regulatory documents of Ukraine. The attention has been drawn to the different approaches of scientists to the definition concept of the mentioned category, as well as the absence of the unified classification of types and forms of economic entities, which should be classified as agricultural producers. The above mentioned creates the difficulties both for their interpretation and practical application in the taxation of agricultural goods producers. It has been proposed to systematize and classify the agricultural goods producers by different areas of their activities according to three relevant criteria: organizational and legal forms of management (KOPFG), types of economic activities (KVED) and the nomenclature of agricultural products (PNSG). The classification of the agricultural producers proposed for the publication, enables to improve the collection, processing and analysis of such economic entities in order to further improve the state regulation of the taxation system for the agricultural goods producers. The latter will help to qualitatively perform the information function for the needs of the taxation mechanism management system, not only for the agricultural goods producers, but also in general when taxing all business entities involved in the agricultural sector of the country's economy.

RETROSPECTIVE OF THE FORMATION OF SOURCES OF LAW IN DOMESTIC JUSTICE: FROM KIEVAN RUS TO THE COMMONWEALTH OF POLAND

Tetiana Arifkhodzhaieva

Associate Professor at the Department of Theory of State and Law and Constitutional Law
Educational and Scientific Institute of Law named after Prince Vladimir the Great of the Interregional Academy of Personnel Management (Kyiv, Ukraine)

ORCID ID: 0000-0002-1827-1699

Anotation. The article is devoted to the study of the retrospective of the origin and spread of sources of law in the domestic judiciary in the period of Kievan Rus. In the context of the study, the author considers the source of law as a material embodiment that manifests itself in the form of historical monuments of current law. It is determined that already at the time of become of the Rurikoviches to the prince's table in Kyiv, there was a limited monarchy, within the framework of which was customary law and the opinion of the People's Chamber. At the same time, one of the legal sources was the treaties of princes with the people, which were called «ryad», concluded mostly orally (rarely - in writing) between the prince and the chamber. On the basis of consideration of the approaches available in domestic legal and historical science, the main categories of sources of law in the field of justice, formed in the X-XV centuries, are singled out: the norms of customary law however, have not been documented); Russian Truth (in all its lists and editions); sources of law formed by approximating Byzantine and Roman law (for example - Helmsman's books, which took into account the provisions of the Byzantine collections «Nomocanon», «Eclogue» and «Prochiron»); international treaties (both Russia's treaties with Byzantium and the treaties probably existing at the time with other states), which contained the legal norms applied in the judiciary. It was found that the most important source of law for the proceedings of the period under study was Ruska Pravda, which partially retained its significance or found application in the Grand Duchy of Lithuania and the Polish-Lithuanian Commonwealth, as well as in the Moscow Kingdom. Special attention is paid to the Ecclesiastical Courts of Kievan Rus (which, in resolving cases, were guided by the norms of canonical (ecclesiastical) law, which almost always came from Byzantium).
Keywords: The article is devoted to the study of the retrospective of the origin and spread of sources of law in the domestic judiciary in the period of Kievan Rus. In the context of the study, the author considers the source of law as a material embodiment that manifests itself in the form of historical monuments of current law. It is determined that already at the time of become of the Rurikoviches to the prince's table in Kyiv, there was a limited monarchy, within the framework of which was customary law and the opinion of the People's Chamber. At the same time, one of the legal sources was the treaties of princes with the people, which were called «ryad», concluded mostly orally (rarely - in writing) between the prince and the chamber. On the basis of consideration of the approaches available in domestic legal and historical science, the main categories of sources of law in the field of justice, formed in the X-XV centuries, are singled out: the norms of customary law however, have not been documented); Russian Truth (in all its lists and editions); sources of law formed by approximating Byzantine and Roman law (for example - Helmsman's books, which took into account the provisions of the Byzantine collections «Nomocanon», «Eclogue» and «Prochiron»); international treaties (both Russia's treaties with Byzantium and the treaties probably existing at the time with other states), which contained the legal norms applied in the judiciary. It was found that the most important source of law for the proceedings of the period under study was Ruska Pravda, which partially retained its significance or found application in the Grand Duchy of Lithuania and the Polish-Lithuanian Commonwealth, as well as in the Moscow Kingdom. Special attention is paid to the Ecclesiastical Courts of Kievan Rus (which, in resolving cases, were guided by the norms of canonical (ecclesiastical) law, which almost always came from Byzantium).

SOCIAL DEVELOPMENT AND PUBLIC MORALS: PROBLEMS OF CRIMINALIZATION

Vitalii Boychenko

Assistant Professor at the Department of Criminal Law
National University “Odessa Law Academy” (Odessa, Ukraine)

ORCID ID: 0000-0002-1938-4943

Anotation. This issue is a study of the anthropological foundations of criminal law policy to ensure the security of morals in modern legal doctrine development. A concept of criminal law protection of public moralist is stressed that crimes against public morals due to overwhelming of net narratives on freedom of interaction should be changed in a way of decriminalization of some offences against distributing of violent and pornography issues. The study of criminal law protection of public morals and individual morality as socially and historically determined phenomenon of anthropogenesis is analyzed. The ideology of social justice is the highest goal of regulating criminal law counteraction to crimes against morals in terms of tools and mechanisms of modern legal anthropology.
Keywords: This issue is a study of the anthropological foundations of criminal law policy to ensure the security of morals in modern legal doctrine development. A concept of criminal law protection of public moralist is stressed that crimes against public morals due to overwhelming of net narratives on freedom of interaction should be changed in a way of decriminalization of some offences against distributing of violent and pornography issues. The study of criminal law protection of public morals and individual morality as socially and historically determined phenomenon of anthropogenesis is analyzed. The ideology of social justice is the highest goal of regulating criminal law counteraction to crimes against morals in terms of tools and mechanisms of modern legal anthropology.

PECULIARITIES OF PROCEEDINGS IN CASES OF ADMINISTRATIVE OFFENSES IN THE LAND AREA

Oleh Hermanov

Applicant at the Department of Administrative and Customs Law
University of Customs and Finance (Dnipro, Ukraine)

ORCID ID: 0000-0002-0446-4502

Anotation. The article analyzes the peculiarities of proceedings in cases of administrative offenses in the field of land relations. On the basis of scientific and educational administrative-legal and administrative-procedural literature the concept of “proceedings in cases of administrative offenses” was investigated and the author’s concept of “proceedings in cases of administrative offenses in the field of land relations” was formulated. Doctrinal approaches to the separation of stages of proceedings in administrative offenses are investigated and the classical approach to the separation of four stages (initiation of proceedings and administrative investigation; review of the case and appeal; resolution of the ruling; enforcement of the ruling) to characterize the stages of enforcement in cases land relations. Detailed individual aspects of proceedings in administrative offenses in the field of land relations are analyzed at each stage (bodies authorized to draw up a protocol on administrative offenses, requirements and requisites of the protocol, place and terms of consideration, list of authorities authorized to hear cases, specifics on administrative offense, specifics and procedure of appeal of the decision, rules of execution of the decision, etc.). The peculiarities inherent in the proceedings in cases of administrative offenses in the field of land relations are distinguished, in particular: complex legal regulation (mostly by the provisions of the codified act, but the peculiarities are also provided by by-laws); the existence of specific circumstances that must be envisaged in the protocol on administrative offenses in the field of land relations; regulatory detail of the stage of appeal against a decision on an administrative offense in the field of land relations.
Keywords: The article analyzes the peculiarities of proceedings in cases of administrative offenses in the field of land relations. On the basis of scientific and educational administrative-legal and administrative-procedural literature the concept of “proceedings in cases of administrative offenses” was investigated and the author’s concept of “proceedings in cases of administrative offenses in the field of land relations” was formulated. Doctrinal approaches to the separation of stages of proceedings in administrative offenses are investigated and the classical approach to the separation of four stages (initiation of proceedings and administrative investigation; review of the case and appeal; resolution of the ruling; enforcement of the ruling) to characterize the stages of enforcement in cases land relations. Detailed individual aspects of proceedings in administrative offenses in the field of land relations are analyzed at each stage (bodies authorized to draw up a protocol on administrative offenses, requirements and requisites of the protocol, place and terms of consideration, list of authorities authorized to hear cases, specifics on administrative offense, specifics and procedure of appeal of the decision, rules of execution of the decision, etc.). The peculiarities inherent in the proceedings in cases of administrative offenses in the field of land relations are distinguished, in particular: complex legal regulation (mostly by the provisions of the codified act, but the peculiarities are also provided by by-laws); the existence of specific circumstances that must be envisaged in the protocol on administrative offenses in the field of land relations; regulatory detail of the stage of appeal against a decision on an administrative offense in the field of land relations.

APPLICATIONS TO ADMINISTRATIVE COURTS: PRACTICAL ISSUES OF EFFECTIVE UKRAINIAN PROCEDURAL LEGISLATION IMPROVEMENT

Taras Ivanenko

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

ORCID ID: 0000-0002-8141-4971

Anotation. Author has discussed modern important issues of improvement of the effective procedural order for applications to administrative courts by private persons, has focused his attention on demands as to application submission, addendums thereof, proper proof of the copies for administrative procedural documents rendered by the applicant, as well as demands to court expenses. Methodological basis of the article constitute application of the following methods: induction, deduction, generalization, synthesis, comparative legal analysis, system approach. Here’ve been substantiated the following conclusions based on system approach, that modern practice of applications submission to administrative courts must be improved from the point of view of due protection of the violated citizen’s rights and providing proper procedural representation, especially as for socially unprotected groups of general public, minors. Procedural legislation of Ukraine needs significant simplification and shortening of obligatory demands as to procedural documents with the purpose to provide effective reaction for protection of violated human rights in public legal field. Court payments cannot be an obstacle to submission of application to administrative court and needs review of appropriate provisions of the special law and the Code of administrative adjudication of Ukraine, as well as check must not be submitted only in hard copy, as development of numeric technologies provides a wide range of alternatives.
Keywords: Author has discussed modern important issues of improvement of the effective procedural order for applications to administrative courts by private persons, has focused his attention on demands as to application submission, addendums thereof, proper proof of the copies for administrative procedural documents rendered by the applicant, as well as demands to court expenses. Methodological basis of the article constitute application of the following methods: induction, deduction, generalization, synthesis, comparative legal analysis, system approach. Here’ve been substantiated the following conclusions based on system approach, that modern practice of applications submission to administrative courts must be improved from the point of view of due protection of the violated citizen’s rights and providing proper procedural representation, especially as for socially unprotected groups of general public, minors. Procedural legislation of Ukraine needs significant simplification and shortening of obligatory demands as to procedural documents with the purpose to provide effective reaction for protection of violated human rights in public legal field. Court payments cannot be an obstacle to submission of application to administrative court and needs review of appropriate provisions of the special law and the Code of administrative adjudication of Ukraine, as well as check must not be submitted only in hard copy, as development of numeric technologies provides a wide range of alternatives.

FINE AS A FORM OF REALIZATION OF THE SECURITY FUNCTION OF TAX LAW

Dmytro Kobylnik

Ph.D. in Law, Associate Professor, Associate Professor at the Department of Financial Law
Yaroslav Mudryi National Law University (Kharkiv, Ukraine)

ORCID ID: 0000-0001-6777-7963

Anotation. In the article the author focuses on the study of the legal nature of penalty. It is emphasized that fine is one form of realization of the security function of tax law. It is argued that due to the implementation of the security function, observance of the behavior of subjects of tax relations, which are established by tax law, as well as the promotion of subjects of tax law to fulfill its norms, ensuring the implementation of assigned responsibilities, guaranteeing the possibility of restoring violated rights of interest authorities and obliged parties of relations. It is stated that the legal nature of penalty can be unlikely to be considered properly determined. This is due to the fact that in some acts, it is considered directly as a type of financial sanctions, and in accordance with the arrests of the Tax Code of Ukraine, penalty does not belong to measures of responsibility, and therefore has a completely different functional purpose.
Keywords: In the article the author focuses on the study of the legal nature of penalty. It is emphasized that fine is one form of realization of the security function of tax law. It is argued that due to the implementation of the security function, observance of the behavior of subjects of tax relations, which are established by tax law, as well as the promotion of subjects of tax law to fulfill its norms, ensuring the implementation of assigned responsibilities, guaranteeing the possibility of restoring violated rights of interest authorities and obliged parties of relations. It is stated that the legal nature of penalty can be unlikely to be considered properly determined. This is due to the fact that in some acts, it is considered directly as a type of financial sanctions, and in accordance with the arrests of the Tax Code of Ukraine, penalty does not belong to measures of responsibility, and therefore has a completely different functional purpose.

LEGAL ASSISTANCE COSTS IN ADMINISTRATIVE JUDICIARY: A TERMINOLOGICAL APPROACH

Serhii Kolisnyk

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

ORCID ID: 0000-0025-3589-4628

Anotation. The article attempts to generalize the regulations and case law on determining the content of legal aid costs in administrative proceedings and the mechanism of their calculation, proof, distribution and reimbursement. The author's definition of the costs of legal aid in administrative proceedings as established by the principles of reality, necessity, reasonableness, proportionality, reasonableness, coherence, good faith amounts of funds spent by the parties to pay for the work and services of a lawyer (or other legal professional). It was found that the practice of applying the CAS of Ukraine has identified a number of problematic issues that arise in the application of the institute of costs for professional legal assistance, which are due to the lack of scientifically sound content of the relevant concepts. The author finds that the guarantees of a fair determination of the amount of court costs are the legal requirement to provide a detailed description of the work, services provided by the lawyer, and the costs incurred by him; The basic principles of determining the amount, proof and distribution of costs for legal assistance in administrative proceedings are the principles of reality, necessity, reasonableness, proportionality, validity, coherence, good faith; The purpose of the institution of legal aid costs is to guarantee the right of access to justice regardless of the property status of the parties to the trial. The concept of the mechanism for determining, proving and allocating the costs of legal assistance in administrative proceedings is proposed to be defined as a set of rules of litigants defined by the Code of Administrative Procedure of Ukraine to determine the amount of money spent by the parties in obtaining services or work as a lawyer ( another specialist in the field of law) taking into account the indicators defined by law, establishing the ratio of the stated participants in the composition and the amount of costs of legal assistance with evidence in the case on the principles of reality, necessity, reasonableness and assignment to the parties on the basis of proportionality, reasonableness, reasonableness .
Keywords: The article attempts to generalize the regulations and case law on determining the content of legal aid costs in administrative proceedings and the mechanism of their calculation, proof, distribution and reimbursement. The author's definition of the costs of legal aid in administrative proceedings as established by the principles of reality, necessity, reasonableness, proportionality, reasonableness, coherence, good faith amounts of funds spent by the parties to pay for the work and services of a lawyer (or other legal professional). It was found that the practice of applying the CAS of Ukraine has identified a number of problematic issues that arise in the application of the institute of costs for professional legal assistance, which are due to the lack of scientifically sound content of the relevant concepts. The author finds that the guarantees of a fair determination of the amount of court costs are the legal requirement to provide a detailed description of the work, services provided by the lawyer, and the costs incurred by him; The basic principles of determining the amount, proof and distribution of costs for legal assistance in administrative proceedings are the principles of reality, necessity, reasonableness, proportionality, validity, coherence, good faith; The purpose of the institution of legal aid costs is to guarantee the right of access to justice regardless of the property status of the parties to the trial. The concept of the mechanism for determining, proving and allocating the costs of legal assistance in administrative proceedings is proposed to be defined as a set of rules of litigants defined by the Code of Administrative Procedure of Ukraine to determine the amount of money spent by the parties in obtaining services or work as a lawyer ( another specialist in the field of law) taking into account the indicators defined by law, establishing the ratio of the stated participants in the composition and the amount of costs of legal assistance with evidence in the case on the principles of reality, necessity, reasonableness and assignment to the parties on the basis of proportionality, reasonableness, reasonableness .

LEGAL NATURE AND QUALIFICATION OF ECONOMIC SANCTIONS AND THEIR IMPACT ON THE REGIME OF PRIVATE LAW CONTRACTS

Denys Kononenko

Postgraduate Student at the Department of International and European Law
National University “Odesa Law Academy” (Odesa, Ukraine)

ORCID ID: 0000-0003-0889-7601

Anotation. Economic sanctions, especially unilateral ones, are becoming an increasingly popular foreign policy tool. Against the background of sanctions regimes imposed after 2014 on Russia and its counter-sanctions, this article examines the legal qualification of economic sanctions and their possible impact on the implementation of private contracts as grounds for invalidity of contracts and obstacles that exempt debtors from fulfilling their obligations. It is emphasized that outside of situations where the sanction has been imposed by a UN Security Council resolution or by a country whose substantive law governs the contract, the legal characteristics of a foreign ban become particularly important. The article analyzes the differences between the application of sanctions by national courts and arbitral tribunals. The conclusions consider the possibility of further development of fundamental approaches in the practice of courts and arbitration. It is concluded that the legislation of Ukraine in the field of private international law, on such issues as the choice of law, invalidity of contracts and obstacles to their implementation, is very similar to European, and, undoubtedly, it was influenced by European legal tradition.
Keywords: Economic sanctions, especially unilateral ones, are becoming an increasingly popular foreign policy tool. Against the background of sanctions regimes imposed after 2014 on Russia and its counter-sanctions, this article examines the legal qualification of economic sanctions and their possible impact on the implementation of private contracts as grounds for invalidity of contracts and obstacles that exempt debtors from fulfilling their obligations. It is emphasized that outside of situations where the sanction has been imposed by a UN Security Council resolution or by a country whose substantive law governs the contract, the legal characteristics of a foreign ban become particularly important. The article analyzes the differences between the application of sanctions by national courts and arbitral tribunals. The conclusions consider the possibility of further development of fundamental approaches in the practice of courts and arbitration. It is concluded that the legislation of Ukraine in the field of private international law, on such issues as the choice of law, invalidity of contracts and obstacles to their implementation, is very similar to European, and, undoubtedly, it was influenced by European legal tradition.

INTEGRITY OF A PERSON IN EUROPEAN COURT OF HUMAN RIGHTS CASE LAW

Larysa Kurah

Judge
Mukachevo City District Court of Zakarpattia Region (Mukachevo, Zakarpattia Region, Ukraine)

ORCID ID: 0000-0002-8234-5111

Anotation. The article examines the case law of the European Court of Human Rights on the integrity of a person. It has been studied that personal integrity begins to appear in the decisions of the Strasbourg court in the late 80’s as a value protected by the prohibition of torture and other inhuman or degrading treatment. It is noted that special attention is paid to the protection of the rights of minors, as well as cases of violence and the integrity of detainees. It is determined that under Article 2 of the European Convention on Human Rights (right to life), the integrity of the individual was mentioned in cases of the mentally ill, involuntary medical treatment, and reproductive rights. It is established that the Court focuses on cases of abortion, sterilization procedures of the Roma population, as well as transgender people. Features of protection of integrity of the person within the limits of the right to respect for private and family life, including, and the right to respect for home are analyzed. It has been investigated that, although the European Court of Human Rights protects the physical, moral, mental and bodily integrity of the individual, it does not provide any interpretation of the meaning of these concepts and their conection.
Keywords: The article examines the case law of the European Court of Human Rights on the integrity of a person. It has been studied that personal integrity begins to appear in the decisions of the Strasbourg court in the late 80’s as a value protected by the prohibition of torture and other inhuman or degrading treatment. It is noted that special attention is paid to the protection of the rights of minors, as well as cases of violence and the integrity of detainees. It is determined that under Article 2 of the European Convention on Human Rights (right to life), the integrity of the individual was mentioned in cases of the mentally ill, involuntary medical treatment, and reproductive rights. It is established that the Court focuses on cases of abortion, sterilization procedures of the Roma population, as well as transgender people. Features of protection of integrity of the person within the limits of the right to respect for private and family life, including, and the right to respect for home are analyzed. It has been investigated that, although the European Court of Human Rights protects the physical, moral, mental and bodily integrity of the individual, it does not provide any interpretation of the meaning of these concepts and their conection.

LEGAL REGULATION AND ADMINISTRATION OF CUSTOMS REGIMES IN FOREIGN COUNTRIES: COMPARATIVE AND LEGAL ANALYSIS

Rostislav Lemekha

Candidate of Law Science, Candidate of the Degree of Doctor of Laws
Zaporizhzhia National University (Zaporizhzhia, Ukraine)

ORCID ID: 0000-0001-9013-8318

Anotation. The scientific publication is devoted to the comparative analysis of the legal regulation and administration of customs regimes in foreign countries and identifies the possibility and feasibility of introducing relevant positive foreign experience in national customs legislation and legal practice. 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 and methods of legal modeling are used to a greater extent. The positive experience of carrying out reforms of customs management systems and organization of activity of customs bodies in Great Britain, Italy and the USA is investigated. The conclusion about the necessity of further research of peculiarities of legal regulation of customs regimes in foreign countries and determination of possibility of borrowing the best positive experience for the purpose of its introduction in the national legislation and legal practice is formulated. It is concluded that the current areas of improvement of legal regulation and administration of customs regimes in Ukraine include maximum automation of customs procedures in the process of customs clearance of goods and customs control of compliance with customs and tax legislation (similar to the electronic customs clearance system in the UK, Italy and the United States). The role of the subjects of power of the State Customs Service of Ukraine in the decision-making process on the passage of goods across the customs border should be minimized. The use of «artificial intelligence» technology and robotic equipment for inspection of goods and vehicles will minimize corruption risks in the work of public administration and impartially identify violations of customs legislation by foreign economic entities. It is noted that the prospects for further research on this topic due to constant changes in foreign legal systems, the continuation of globalization and European integration, as well as the need to formulate specific proposals for amendments to national customs legislation taking into account the best practices of foreign countries and international standards in legal regulation. and customs administration.
Keywords: The scientific publication is devoted to the comparative analysis of the legal regulation and administration of customs regimes in foreign countries and identifies the possibility and feasibility of introducing relevant positive foreign experience in national customs legislation and legal practice. 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 and methods of legal modeling are used to a greater extent. The positive experience of carrying out reforms of customs management systems and organization of activity of customs bodies in Great Britain, Italy and the USA is investigated. The conclusion about the necessity of further research of peculiarities of legal regulation of customs regimes in foreign countries and determination of possibility of borrowing the best positive experience for the purpose of its introduction in the national legislation and legal practice is formulated. It is concluded that the current areas of improvement of legal regulation and administration of customs regimes in Ukraine include maximum automation of customs procedures in the process of customs clearance of goods and customs control of compliance with customs and tax legislation (similar to the electronic customs clearance system in the UK, Italy and the United States). The role of the subjects of power of the State Customs Service of Ukraine in the decision-making process on the passage of goods across the customs border should be minimized. The use of «artificial intelligence» technology and robotic equipment for inspection of goods and vehicles will minimize corruption risks in the work of public administration and impartially identify violations of customs legislation by foreign economic entities. It is noted that the prospects for further research on this topic due to constant changes in foreign legal systems, the continuation of globalization and European integration, as well as the need to formulate specific proposals for amendments to national customs legislation taking into account the best practices of foreign countries and international standards in legal regulation. and customs administration.

ADMINISTRATIVE AND LEGAL BASIS OF THE ORGANIZATION AND ACTIVITY OF THE REGIONAL PROSECUTOR’S OFFICE IN THE FEDERATIVE REPUBLIC OF BRAZIL

Roman Mazurik

Candidate of Law Science, Candidate of the Degree of Doctor of Laws
University of Customs and Finance (Dnipro, Ukraine)

ORCID ID: 0000-0001-9197-4844

Anotation. The scientific publication is devoted to the experience of administrative and legal support of the organization and activities of regional prosecutor’s offices in in the Federative Republic of Brazil. The research methodology is based on an organic combination of philosophical, general scientific and special legal research methods. Among the latter, the methods of comparative jurisprudence, legal dogma and methods of legal modeling are used to a greater extent. The publication analyzes the positive experience of the organization of the prosecutor’s office in the Federative Republic of Brazil, which has deep historical roots and formed over a long period of time a stable system of prosecutorial activity based on national traditions and a high level of respect to prosecutor’s in the society. It is noted that the experience of administrative and legal support of the organization and activities of regional prosecutors’ offices in foreign countries is important for Ukraine, as the positive experience of organizing the activities of prosecutors in other countries can be borrowed for implementation in national legal practice. In particular, it is advisable to borrow the Brazilian experience of organizing and operating regional prosecutor’s offices, taking into account the administrativeterritorial division of Federative Republic of Brazil and national legal traditions and customs, the level of legal awareness and legal culture of citizens. For Ukrainian public administration bodies in the context of administrative-territorial reform of decentralization, the experience of creating such an extensive system of prosecutorial bodies is important, which coincides with the system of judicial bodies and is available to citizens of the respective territorial community. The positive experience of the Brazilian prosecutor’s office in combating corruption and investigating high-profile corruption crimes committed by top officials and police agents deserves special attention. Despite the creation of special anti-corruption bodies in Ukraine, the role of the prosecutor’s office in the field of preventing and combating corruption remains crucial and needs to intensify this area of activity. The positive experience of administrative and legal provision of equal guarantees for judges and prosecutors in the Brazilian state deserves to be introduced into national legislation and legal practice by amending the current Law of Ukraine “On the Prosecutor’s Office”, especially since the institution of the prosecutor’s in the Constitution of Ukraine is situated in the section “Judiciary”. The conclusion about the need to bring the administrative and legal framework of the organization and activities of the prosecutor’s office of Ukraine as a whole and at the regional level in line with international standards, taking into account the best positive experience of foreign countries is formulated.
Keywords: The scientific publication is devoted to the experience of administrative and legal support of the organization and activities of regional prosecutor’s offices in in the Federative Republic of Brazil. The research methodology is based on an organic combination of philosophical, general scientific and special legal research methods. Among the latter, the methods of comparative jurisprudence, legal dogma and methods of legal modeling are used to a greater extent. The publication analyzes the positive experience of the organization of the prosecutor’s office in the Federative Republic of Brazil, which has deep historical roots and formed over a long period of time a stable system of prosecutorial activity based on national traditions and a high level of respect to prosecutor’s in the society. It is noted that the experience of administrative and legal support of the organization and activities of regional prosecutors’ offices in foreign countries is important for Ukraine, as the positive experience of organizing the activities of prosecutors in other countries can be borrowed for implementation in national legal practice. In particular, it is advisable to borrow the Brazilian experience of organizing and operating regional prosecutor’s offices, taking into account the administrativeterritorial division of Federative Republic of Brazil and national legal traditions and customs, the level of legal awareness and legal culture of citizens. For Ukrainian public administration bodies in the context of administrative-territorial reform of decentralization, the experience of creating such an extensive system of prosecutorial bodies is important, which coincides with the system of judicial bodies and is available to citizens of the respective territorial community. The positive experience of the Brazilian prosecutor’s office in combating corruption and investigating high-profile corruption crimes committed by top officials and police agents deserves special attention. Despite the creation of special anti-corruption bodies in Ukraine, the role of the prosecutor’s office in the field of preventing and combating corruption remains crucial and needs to intensify this area of activity. The positive experience of administrative and legal provision of equal guarantees for judges and prosecutors in the Brazilian state deserves to be introduced into national legislation and legal practice by amending the current Law of Ukraine “On the Prosecutor’s Office”, especially since the institution of the prosecutor’s in the Constitution of Ukraine is situated in the section “Judiciary”. The conclusion about the need to bring the administrative and legal framework of the organization and activities of the prosecutor’s office of Ukraine as a whole and at the regional level in line with international standards, taking into account the best positive experience of foreign countries is formulated.

THE CONTENT AND SIGNIFICANCE OF THE RELATIONS OF A SECURING NATURE IN TAX REGULATION

Oleksandr Mamalui

Candidate of Law Sciences, Judge
Supreme Court (Kyiv, Ukraine)

ORCID ID: 0000-0003-0667-4746

Anotation. In the scientific research the author considers the content and importance of the relations of a protective nature in tax regulation. Protective relations in tax law are described as guarantees of the subject’s performance of the legal obligations imposed upon him, including the payment of taxes and fees. During examining the content and significance of the protective relationship in the tax regulation, the existing tax legislation was analyzed, which includes a tax lien and the administrative arrest of the taxpayer’s property. Based on the separation of approaches to the definition of “means of ensuring the performance of tax obligation”, defining the list of types of such means, the Author proposes the definition of the phrase “protective relatio ns in tax and legal regulation”, gives the elements of such relations. In the scientific work in the process of doctrinal search and analysis of current tax legislation, the provisions in which the material and procedural aspects of the administrative arrest of the taxpayer’s property and tax lien are defined. In the scientific work, in the process of doctrinal search and analysis of the current tax legislation, the provisions in which material aspects of the administrative arrest of the property of the taxpayer and the tax lien are revealed. In the course of the research the author came to the conclusion that the functioning of the mechanism for the application of means of insuring depends on the proper consolidation of the rules of both substantive and procedural law.
Keywords: In the scientific research the author considers the content and importance of the relations of a protective nature in tax regulation. Protective relations in tax law are described as guarantees of the subject’s performance of the legal obligations imposed upon him, including the payment of taxes and fees. During examining the content and significance of the protective relationship in the tax regulation, the existing tax legislation was analyzed, which includes a tax lien and the administrative arrest of the taxpayer’s property. Based on the separation of approaches to the definition of “means of ensuring the performance of tax obligation”, defining the list of types of such means, the Author proposes the definition of the phrase “protective relatio ns in tax and legal regulation”, gives the elements of such relations. In the scientific work in the process of doctrinal search and analysis of current tax legislation, the provisions in which the material and procedural aspects of the administrative arrest of the taxpayer’s property and tax lien are defined. In the scientific work, in the process of doctrinal search and analysis of the current tax legislation, the provisions in which material aspects of the administrative arrest of the property of the taxpayer and the tax lien are revealed. In the course of the research the author came to the conclusion that the functioning of the mechanism for the application of means of insuring depends on the proper consolidation of the rules of both substantive and procedural law.

EXPERIENCE OF LEGAL PROVISION OF PROTECTION OF COMMERCIAL SECRETS ON THE INTERNET IN UKRAINE AND THE USA

Vladyslav Novytskyi

Postgraduate Student at the Department of Intellectual Property Law and Corporate Law
National University “Odesa Law Academy” (Odesa, Ukraine)

ORCID ID: 0000-0003-0796-311X

Anotation. The article is devoted to the analysis of information constituting a trade secret posted on the Internet, the study of legislative protection, provision, use and storage of such information, identification of current issues, conclusions, and proposals for improving the protection of trade secrets in Ukraine through comparative analysis of trade protection. secrets on the Internet in Ukraine and the United States. During the implementation of IT business, there are various communications – with customers, between partners, within the team. Therefore, there are risks of disclosing information with limited access in the process of such communications. At the same time, some information is extremely important and valuable, because due to its possession a particular business earns money, has certain competitive advantages. If such information is found by third parties, the business may suffer significant losses, or even the entire business model may be compromised. That is why the protection of trade secrets is one of the key needs of business.
Keywords: The article is devoted to the analysis of information constituting a trade secret posted on the Internet, the study of legislative protection, provision, use and storage of such information, identification of current issues, conclusions, and proposals for improving the protection of trade secrets in Ukraine through comparative analysis of trade protection. secrets on the Internet in Ukraine and the United States. During the implementation of IT business, there are various communications – with customers, between partners, within the team. Therefore, there are risks of disclosing information with limited access in the process of such communications. At the same time, some information is extremely important and valuable, because due to its possession a particular business earns money, has certain competitive advantages. If such information is found by third parties, the business may suffer significant losses, or even the entire business model may be compromised. That is why the protection of trade secrets is one of the key needs of business.

PROBLEMS OF RESEARCH OF ADMINISTRATIVE AND LEGAL REGULATION OF COMPETITION PROTECTION: PREREQUISITES FOR THE LATEST CONCEPT

Leonid Omelchenko

Applicant
Scientific Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0003-1762-9895

Anotation. The object of the study public relations in the field of state antimonopoly regulation. The subject of the study are public relations that arise in the process of implementing the public interest of protecting competition. The purpose of the article is to build a concept of administrative and legal support for the balance of public interest in the protection of competition and other public and private interests in the field of antimonopoly regulation, including a set of proposals that form the theoretical basis for improving administrative and legal antimonopoly regulation. The methodological basis of the article research is a complex of philosophical, general scientific and private scientific means (methods) of cognition. The theoretical concepts aimed at improving legal regulation are based on the understanding of the original legal idea as the basic principle of all law. The article describes the choice of the balance of interests as a subject-target basis for the study of administrative and legal antimonopoly regulation, the nature and content of interests that must be balanced by the norms of administrative law in order to achieve effective antimonopoly regulation. This article is the first comprehensive study aimed at building a theoretical concept that provides a systematic solution to the problems of administrative and legal support of the balance of interests in the field of antimonopoly regulation.
Keywords: The object of the study public relations in the field of state antimonopoly regulation. The subject of the study are public relations that arise in the process of implementing the public interest of protecting competition. The purpose of the article is to build a concept of administrative and legal support for the balance of public interest in the protection of competition and other public and private interests in the field of antimonopoly regulation, including a set of proposals that form the theoretical basis for improving administrative and legal antimonopoly regulation. The methodological basis of the article research is a complex of philosophical, general scientific and private scientific means (methods) of cognition. The theoretical concepts aimed at improving legal regulation are based on the understanding of the original legal idea as the basic principle of all law. The article describes the choice of the balance of interests as a subject-target basis for the study of administrative and legal antimonopoly regulation, the nature and content of interests that must be balanced by the norms of administrative law in order to achieve effective antimonopoly regulation. This article is the first comprehensive study aimed at building a theoretical concept that provides a systematic solution to the problems of administrative and legal support of the balance of interests in the field of antimonopoly regulation.

LEGAL REGULATION OF DIGITAL TRANSFORMATION IN UKRAINE

Halyna Podzihun

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

ORCID ID: 0000-0003-2230-8981

Anotation. The article analyses the state of legal regulation of digital transformation in Ukraine, which reflects the state and development of reforming various spheres of public life and the participation of public administration in this process. It is established that the digital transformation of public administration should be understood as a system of measures for transformation, improvement through integration of information and telecommunication technologies of public administration entities and their officials for the development of open information society, productivity, economic growth and quality of life of Ukrainian citizens. The main manifestations of digital transformation include: a) digitalization; b) development of digital economy, digital innovations and technologies; c) introduction of e-government and e-democracy; d) introduction of electronic document management and development of national electronic information resources, use of the principle of interoperability, etc. The normative-legal acts regulating digital transformation in Ukraine are classified by distinguishing: 1) normativelegal acts, which define digital transformation as an integral part of public administration reform; 2) regulations that determine the priority areas of digital transformation in Ukraine; 3) regulations that determine the legal status of public administration entities in the field of digital transformation. Attention is drawn to the fact that constitutional norms mediate the need to follow international trends in their law enforcement. The reformatting of the activities of public administration entities through the use of information and telecommunication technologies is no exception. It is established that international documents, on the one hand, set the main guidelines for human rights through the use of digital transformation mechanisms, and on the other - provide for the need for digital transformation in the provision of public services and cooperation between public administration and citizens.
Keywords: The article analyses the state of legal regulation of digital transformation in Ukraine, which reflects the state and development of reforming various spheres of public life and the participation of public administration in this process. It is established that the digital transformation of public administration should be understood as a system of measures for transformation, improvement through integration of information and telecommunication technologies of public administration entities and their officials for the development of open information society, productivity, economic growth and quality of life of Ukrainian citizens. The main manifestations of digital transformation include: a) digitalization; b) development of digital economy, digital innovations and technologies; c) introduction of e-government and e-democracy; d) introduction of electronic document management and development of national electronic information resources, use of the principle of interoperability, etc. The normative-legal acts regulating digital transformation in Ukraine are classified by distinguishing: 1) normativelegal acts, which define digital transformation as an integral part of public administration reform; 2) regulations that determine the priority areas of digital transformation in Ukraine; 3) regulations that determine the legal status of public administration entities in the field of digital transformation. Attention is drawn to the fact that constitutional norms mediate the need to follow international trends in their law enforcement. The reformatting of the activities of public administration entities through the use of information and telecommunication technologies is no exception. It is established that international documents, on the one hand, set the main guidelines for human rights through the use of digital transformation mechanisms, and on the other - provide for the need for digital transformation in the provision of public services and cooperation between public administration and citizens.

THE CONCEPT AND INTERRELATION BETWEEN ADMINISTRATIVE LEGAL PERSONALITY AND ADMINISTRATIVE LEGAL STATUS OF MIGRANTS

Veronika Posmitna

Postgraduate Student
National University “Odesa Law Academy” (Odesa, Ukraine)

ORCID ID: 0000-0003-2609-4263

Anotation. For many years there has been a scientific discussion on the definition and correlation of the concepts of legal status and legal personality in general and administrative legal status and administrative legal personality in particular. The concept of administrative legal personality is closely related to the concepts of the subject of administrative law and the subject of administrative legal relations. It is generally accepted to understand the subjects of administrative law as persons who have the rights and obligations enshrined in the rules of administrative law and can enter into administrative legal relations. In this case, unlike the subject of administrative-legal relations, the subject of administrative law has only the potential ability to enter into legal relations. Exercising the right to freedom of movement, a citizen of Ukraine may be outside it, in which case he does not actually take part in any administrative legal relations, will not be their subject, however, he is a subject of administrative law always, because as a citizen administrative legal norms endowed him with a set of rights and responsibilities. Important for this research is also the emphasis on the fact that the administrative legal status is different in terms of rights and responsibilities for citizens of Ukraine, foreigners, stateless persons, refugees and, accordingly, persons who represent our own scientific interest - migrants. The legal status of a migrant is ensured by a system of legal norms through which Ukraine exercises their rights. The article proposes the author’s definition of the concept of “administrative legal personality of migrants” and clarifies its relation with the administrative legal status.
Keywords: For many years there has been a scientific discussion on the definition and correlation of the concepts of legal status and legal personality in general and administrative legal status and administrative legal personality in particular. The concept of administrative legal personality is closely related to the concepts of the subject of administrative law and the subject of administrative legal relations. It is generally accepted to understand the subjects of administrative law as persons who have the rights and obligations enshrined in the rules of administrative law and can enter into administrative legal relations. In this case, unlike the subject of administrative-legal relations, the subject of administrative law has only the potential ability to enter into legal relations. Exercising the right to freedom of movement, a citizen of Ukraine may be outside it, in which case he does not actually take part in any administrative legal relations, will not be their subject, however, he is a subject of administrative law always, because as a citizen administrative legal norms endowed him with a set of rights and responsibilities. Important for this research is also the emphasis on the fact that the administrative legal status is different in terms of rights and responsibilities for citizens of Ukraine, foreigners, stateless persons, refugees and, accordingly, persons who represent our own scientific interest - migrants. The legal status of a migrant is ensured by a system of legal norms through which Ukraine exercises their rights. The article proposes the author’s definition of the concept of “administrative legal personality of migrants” and clarifies its relation with the administrative legal status.

LEGAL BASIS OF PERSONAL DATA PROTECTION IN THE JUDICIARY

Anastasiya Privalikhina

Postgraduate Student
Zaporizhia National University (Zaporizhia, Ukraine)

ORCID ID: 0000-0002-2523-5194

Anotation. The article analyzes the legal support in the judiciary. The opinions of scientists on the content of the concept of personal data are analyzed. Defined the need to create a special authorized unit or person who organizes the work related to the personal data protection during processing and publication of this information because the court itself is the institution where a large amount of personal data is collected and stored. Stated that a special procedure for the appointment on the position of a judge is provided and it includes certain disclosure of personal data of the candidate. During submission of documents by participants of the selection, the candidate gives written consent to the collection, storage, processing and use of information about himself as a candidate, but no consent about other persons who are his relatives and/or acquaintances. Therefore, needed a clear distinction between the personal data of a candidate for the position of a judge and the personal data of persons related to him by obtaining from such persons a separate consent to collect, store, process and use information about themselves.
Keywords: The article analyzes the legal support in the judiciary. The opinions of scientists on the content of the concept of personal data are analyzed. Defined the need to create a special authorized unit or person who organizes the work related to the personal data protection during processing and publication of this information because the court itself is the institution where a large amount of personal data is collected and stored. Stated that a special procedure for the appointment on the position of a judge is provided and it includes certain disclosure of personal data of the candidate. During submission of documents by participants of the selection, the candidate gives written consent to the collection, storage, processing and use of information about himself as a candidate, but no consent about other persons who are his relatives and/or acquaintances. Therefore, needed a clear distinction between the personal data of a candidate for the position of a judge and the personal data of persons related to him by obtaining from such persons a separate consent to collect, store, process and use information about themselves.

LEGAL INSTITUTES AS AN OBJECT OF LEGAL HERITAGE

Mykhailo Ryazanov

Candidate of Legal Sciences, Associate Professor, Associate Professor at the Department of General Theoretical Jurisprudence
National University “Odessa Law Academy” (Odesa, Ukraine)

ORCID ID: 0000-0003-0404-2841

Anotation. The multidimensionality of the notion “legal institution” has defined the issue of perception of institutionalization in law. It is noteworthy in this situation that the lack of a common approach is observed against the background of growing interest of many researchers in this category. However, this confirms the complexity and uniqueness of legal institutions, their dependence on both practical processes and the proper representation of them in science. It is no coincidence that a number of scholars consider legal institutions as a type of information about which relationships (goals, values) are sustainable and should be reflected in legislation. Thus, with the help of legal institutions, as objects of legal heritage, connection with past generations is preserved, and the formation of new legal institutions, as well as their recognition at the scientific and state level is a way to translate a special type of legal information to future generations. Thus, with the help of legal institutions, as objects of legal heritage, there is a connection with past generations and there is a further translation of law. Modern legal institutions are certainly not copied elements, but they can determine the trend of legal development, the formation of approaches and methods of legal regulation, the separation of the method of legal regulation, which form the basis of further, more complex constructions. It means, that through the legal institution, as well as through other objects of legal heritage, the process of legal inheritance is carried out.
Keywords: The multidimensionality of the notion “legal institution” has defined the issue of perception of institutionalization in law. It is noteworthy in this situation that the lack of a common approach is observed against the background of growing interest of many researchers in this category. However, this confirms the complexity and uniqueness of legal institutions, their dependence on both practical processes and the proper representation of them in science. It is no coincidence that a number of scholars consider legal institutions as a type of information about which relationships (goals, values) are sustainable and should be reflected in legislation. Thus, with the help of legal institutions, as objects of legal heritage, connection with past generations is preserved, and the formation of new legal institutions, as well as their recognition at the scientific and state level is a way to translate a special type of legal information to future generations. Thus, with the help of legal institutions, as objects of legal heritage, there is a connection with past generations and there is a further translation of law. Modern legal institutions are certainly not copied elements, but they can determine the trend of legal development, the formation of approaches and methods of legal regulation, the separation of the method of legal regulation, which form the basis of further, more complex constructions. It means, that through the legal institution, as well as through other objects of legal heritage, the process of legal inheritance is carried out.

CONCEPTS AND SIGNS OF PUBLIC ADMINISTRATION IN THE FIELD OF FUNCTIONING OF POLITICAL PARTIES IN UKRAINE

Svitlana Skrypchenko

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

ORCID ID: 0000-0001-8837-0003

Anotation. In the provisions of the scientific article, the author analyzes the opinions of scholars on the essence and content of the concept of «public administration in the field of functioning of political parties». Emphasis is placed on public administration as a legal phenomenon by identifying the most prominent theoretical and methodological approaches to its scientific justification. The author argues that political parties are a special political and legal institution, including in public administration, so this special type of public association with a special status needs more attention. It is considered that political parties are an instrument aimed at achieving political goals in the management of public affairs, the most effective mechanism for progressive reforms in the state, and is an object of public administration, the effectiveness of which greatly affects the stability of society. The general concept of «public administration» is described, which influences the formation of its separate varieties. A distinction is made between the concepts of «governance» and «public administration» in content. The author's definition of the concept of «public administration in the sphere of functioning of political parties is formulated» and the list of its main features is offered.
Keywords: In the provisions of the scientific article, the author analyzes the opinions of scholars on the essence and content of the concept of «public administration in the field of functioning of political parties». Emphasis is placed on public administration as a legal phenomenon by identifying the most prominent theoretical and methodological approaches to its scientific justification. The author argues that political parties are a special political and legal institution, including in public administration, so this special type of public association with a special status needs more attention. It is considered that political parties are an instrument aimed at achieving political goals in the management of public affairs, the most effective mechanism for progressive reforms in the state, and is an object of public administration, the effectiveness of which greatly affects the stability of society. The general concept of «public administration» is described, which influences the formation of its separate varieties. A distinction is made between the concepts of «governance» and «public administration» in content. The author's definition of the concept of «public administration in the sphere of functioning of political parties is formulated» and the list of its main features is offered.

VIEW OF EUROPEAN CONVENTION ON HUMAN RIGHTS ON A LANGUAGE QUESTION IN JUDICIAL PROCEEDINGS

Vasyl Slipeniuk

Attorney at Law, Postgraduate Student at the Department of Constitutional Law and Justice
Odesa I.I. Mechnikov National University (Odesa, Ukraine)

ORCID ID: 0000-0003-1879-5596

Anotation. In the scientific article the author examined European Convention of Human Rights regarding the presence in it a person's right to use a mother tongue or language, that person understands, in judicial proceedings, as an integral part of the right to a fair trial. Taking into the consideration conventional norms and interpretation of the decisions of the European Court of Human Rights, the subjective and objective understanding of the right mentioned above were highlighted and the peculiarities of its practical implementation were analyzed. The necessity to consolidate on the national level a person's right to use in judicial proceedings native language or language, that person understands, was emphasized, and the importance of its implementation for fair trial and further respect for other human rights and fundamental freedoms was underlined.
Keywords: In the scientific article the author examined European Convention of Human Rights regarding the presence in it a person's right to use a mother tongue or language, that person understands, in judicial proceedings, as an integral part of the right to a fair trial. Taking into the consideration conventional norms and interpretation of the decisions of the European Court of Human Rights, the subjective and objective understanding of the right mentioned above were highlighted and the peculiarities of its practical implementation were analyzed. The necessity to consolidate on the national level a person's right to use in judicial proceedings native language or language, that person understands, was emphasized, and the importance of its implementation for fair trial and further respect for other human rights and fundamental freedoms was underlined.

PECULIARITIES OF ACQUIRING THE STATUS OF A PARTICIPANT IN ADMINISTRATIVE PROCEEDINGS

Liubov Tokmilova

Judge Odesa District Administrative Court (Odesa, Ukraine), Postgraduate Student at the Department of Administrative and Financial Law
National University “Odesa Law Academy” (Odesa, Ukraine)

ORCID ID: 0000-0001-9189-9864

Anotation. The article researches the peculiarities of acquiring the status of a participant in administrative proceedings. It is established that persons belonging to different groups of participants in administrative proceedings will in fact be holders of different procedural rights that require different content of guarantees. In this case, a person in the presence of a legal basis for his participation in consideration and decision of administrative courts of a specific case in the trial acquires the legal status characteristic of a particular participant in administrative proceedings. It is determined that the same person can acquire both the same and different legal status of a participant in administrative proceedings during the consideration of different administrative cases. On the other hand, regardless of who acquires the legal status of a participant in administrative proceedings, the set of elements that determine it is not variable and depends solely on the structure of administrative procedural law.
Keywords: The article researches the peculiarities of acquiring the status of a participant in administrative proceedings. It is established that persons belonging to different groups of participants in administrative proceedings will in fact be holders of different procedural rights that require different content of guarantees. In this case, a person in the presence of a legal basis for his participation in consideration and decision of administrative courts of a specific case in the trial acquires the legal status characteristic of a particular participant in administrative proceedings. It is determined that the same person can acquire both the same and different legal status of a participant in administrative proceedings during the consideration of different administrative cases. On the other hand, regardless of who acquires the legal status of a participant in administrative proceedings, the set of elements that determine it is not variable and depends solely on the structure of administrative procedural law.

INSTITUTIONAL MECHANISM SUPPORTING THE TAXATION AS A METHOD OF ORGANIZATION AND PERFORMANCE OF THE AUTHORISED ENTITIES OF PUBLIC ADMINISTRATION

Iaroslav Ianushevich

Ph.D. in Economics

ORCID ID: 0000-0001-9532-3387

Anotation. The paper studies the institutional mechanism supporting the taxation. Described are the features of the institutional mechanism supporting the taxation as a method of organization and performance of the authorized entities of public administration in order to arrange and create the proper conditions for paying taxes, charges and other compulsory for all payments, which is aimed at achievement of the public interest. It was substantiated that an entity of public administration which function makes the core of the institutional mechanism supporting the taxation is a carrier of the authoritative powers required to perform executive activity and provision of the administrative services while administering taxes, charges and other compulsory payments to the state and local budgets and to the public target funds. It has been established that the institutional mechanism supporting the taxation should be formed so as to reflect the functions of individual public administration entities. The following public administration groups of entities which functioning presents a content element of the institutional mechanism of taxation: state executive authorities; local self-government bodies; subjects of the delegated authorities who, in the taxation sphere, may be civil society institutions; and entities not referred to the state executive authorities and local self-government bodies but still possess certain authority connected with provision of the management control in this sphere. It has been emphasized that the institutional mechanism supporting the taxation should always meet the objectives and tasks set by the state.
Keywords: The paper studies the institutional mechanism supporting the taxation. Described are the features of the institutional mechanism supporting the taxation as a method of organization and performance of the authorized entities of public administration in order to arrange and create the proper conditions for paying taxes, charges and other compulsory for all payments, which is aimed at achievement of the public interest. It was substantiated that an entity of public administration which function makes the core of the institutional mechanism supporting the taxation is a carrier of the authoritative powers required to perform executive activity and provision of the administrative services while administering taxes, charges and other compulsory payments to the state and local budgets and to the public target funds. It has been established that the institutional mechanism supporting the taxation should be formed so as to reflect the functions of individual public administration entities. The following public administration groups of entities which functioning presents a content element of the institutional mechanism of taxation: state executive authorities; local self-government bodies; subjects of the delegated authorities who, in the taxation sphere, may be civil society institutions; and entities not referred to the state executive authorities and local self-government bodies but still possess certain authority connected with provision of the management control in this sphere. It has been emphasized that the institutional mechanism supporting the taxation should always meet the objectives and tasks set by the state.

SCIENTIFIC AND PRACTICAL APPROACH TO THE FORMATION OF A STRATEGIC MECHANISM OF PUBLIC HEALTH MANAGEMENT

Anatolii Lebediev

Postgraduate Student
Classic Private University (Zaporizhzhia, Ukraine)

ORCID ID: 0000-0001-5947-8699

Anotation. The public health is one of the most important factors in the development of any country’s economy and the wellbeing of the population. Over the last fifty years, the ability of the health care system to influence the health of the population has increased several times. The modern health care system must ensure the availability of medical services for those who need them most, be of high quality and safety, and guarantee the best possible health outcomes at the population level. In his article, the author explores and analyzes the strategy for the development of the health care system, as various reforms in the field of health care have been repeatedly initiated in Ukraine during the years of independence. The author notes that in general they were characterized by the absence of clearly defined goals, lack of comprehensiveness of reforms, constant revision of reform strategy, clear policy to ensure implementation of decisions, ignoring scientifically proven or proven approaches, forms and methods of transformation, significant influence on lobbying groups, low implementation rates, inconsistency and inconsistency. In addition, the article highlights the main problems of the existing health care system in Ukraine, which need to be addressed urgently.
Keywords: The public health is one of the most important factors in the development of any country’s economy and the wellbeing of the population. Over the last fifty years, the ability of the health care system to influence the health of the population has increased several times. The modern health care system must ensure the availability of medical services for those who need them most, be of high quality and safety, and guarantee the best possible health outcomes at the population level. In his article, the author explores and analyzes the strategy for the development of the health care system, as various reforms in the field of health care have been repeatedly initiated in Ukraine during the years of independence. The author notes that in general they were characterized by the absence of clearly defined goals, lack of comprehensiveness of reforms, constant revision of reform strategy, clear policy to ensure implementation of decisions, ignoring scientifically proven or proven approaches, forms and methods of transformation, significant influence on lobbying groups, low implementation rates, inconsistency and inconsistency. In addition, the article highlights the main problems of the existing health care system in Ukraine, which need to be addressed urgently.

THE SUBSTANTIATION OF THE DISTRIBUTION OF TROOPS INTO FORMATIONS (UNITS) IN THE PEACE AND WAR TIME

Volodymyr Mozharovskyi, Sergii Godz

Volodymyr Mozharovskyi, Doctor of Military Science, Senior Researcher, Leading Researcher Central Research Institute of the Armed Forces of Ukraine (Kyiv, Ukraine)
Sergii Godz, Candidate of Military Science, Senior Researcher, Senior Research Fellow Central Research Institute of the Armed Forces of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0003-3542-5407, ORCID ID: 0000-0002-7860-2330

Anotation. The problem of the distribution of troops into formations (units) constant readiness (in the peace time) and those that are subject of demobilized during a special period (in the war time), it has always been an integral part of the process of building the аrmed forces of country. Such a problem is due to the contradiction, the essence of which is: on the one hand, there are justified attempts to keep the majority or even all formations (units) deployed in peacetime. It minimizes the total time for their readiness to perform assigned tasks. However, in this case, taking into account the average annual expenses (excluding the cost of weapons and military equipment) on the maintenance, completion and reducing into condition of readiness of one formation (units) considerably increase for the maintenance, and completion of these formations (units). These expenses may exceed the average annual financial resources allocated for this. On the other hand, one can also consider the other extreme, when during a special period most or even all formations (units) will be reduced into condition of readiness. Such a variant of their maintenance, taking into account the average annual expenses (without taking into account the cost of weapons and military equipment) on demobilization and reducing into combat readiness of one formations (units) minimizes the necessary expenses. But in this case, significantly increases the time to reduce these formations (units) into combat readiness and complicated the process of their combat coordination. As a result of this contradiction, in fact, there is a problem of finding a compromise solution, that is, the most acceptable variant of the distribution of the total number of military units of permanent readiness (those are deployed in peacetime) and formations (units) that are the subject of demobilization during a special period (shortened “staff”). Herewith, it takes into account restrictions on the average annual financial resources allocated and the necessary resources for the maintenance of formations (units), as well as the appropriate timeframes for their reducing into combat readiness. However, today the solution of this problem is carried out mainly empirically and without the necessary scientific substantiation. That is why, there is a need for the development of a methodical apparatus to justify such a distribution, which would take into account the main factors of influence on the level of combat capability of troops and their distribution according to the destination. The purpose of this article is to explain the essence and main content of one of the methods of methodical apparatus of research – the method of priorities. According to the authors, the proposed method will allow to justify the distribution of the troops – a predetermined number of formations (units) in the order of their maintenance (deployed in peacetime and demobilized during a special period).
Keywords: The problem of the distribution of troops into formations (units) constant readiness (in the peace time) and those that are subject of demobilized during a special period (in the war time), it has always been an integral part of the process of building the аrmed forces of country. Such a problem is due to the contradiction, the essence of which is: on the one hand, there are justified attempts to keep the majority or even all formations (units) deployed in peacetime. It minimizes the total time for their readiness to perform assigned tasks. However, in this case, taking into account the average annual expenses (excluding the cost of weapons and military equipment) on the maintenance, completion and reducing into condition of readiness of one formation (units) considerably increase for the maintenance, and completion of these formations (units). These expenses may exceed the average annual financial resources allocated for this. On the other hand, one can also consider the other extreme, when during a special period most or even all formations (units) will be reduced into condition of readiness. Such a variant of their maintenance, taking into account the average annual expenses (without taking into account the cost of weapons and military equipment) on demobilization and reducing into combat readiness of one formations (units) minimizes the necessary expenses. But in this case, significantly increases the time to reduce these formations (units) into combat readiness and complicated the process of their combat coordination. As a result of this contradiction, in fact, there is a problem of finding a compromise solution, that is, the most acceptable variant of the distribution of the total number of military units of permanent readiness (those are deployed in peacetime) and formations (units) that are the subject of demobilization during a special period (shortened “staff”). Herewith, it takes into account restrictions on the average annual financial resources allocated and the necessary resources for the maintenance of formations (units), as well as the appropriate timeframes for their reducing into combat readiness. However, today the solution of this problem is carried out mainly empirically and without the necessary scientific substantiation. That is why, there is a need for the development of a methodical apparatus to justify such a distribution, which would take into account the main factors of influence on the level of combat capability of troops and their distribution according to the destination. The purpose of this article is to explain the essence and main content of one of the methods of methodical apparatus of research – the method of priorities. According to the authors, the proposed method will allow to justify the distribution of the troops – a predetermined number of formations (units) in the order of their maintenance (deployed in peacetime and demobilized during a special period).

PROBLEMS OF RECALCULATION OF PENSIONS TO MILITARY PENSIONERS

Yaroslav Radchenko

Postgraduate Student
Classic Private University (Zaporizhzhia, Ukraine)

ORCID ID: 0000-0002-0331-7025

Anotation. The economic crisis, financial hardship and the bureaucratic mechanism of exercising any social right, including the right to a pension in Ukraine, contribute to the fact that the pension rights of servicemen and members of their families are not properly exercised, so such pensions are often not granted or are appointed much later than such a right arose. For example, during 2019, 47.4 thousand lawsuits were filed with the bodies of the Pension Fund of Ukraine regarding pension provision and other issues in the amount of UAH 527.1 million. The court satisfied 38.6 thousand lawsuits (85.1% of all cases considered by the courts) in the amount of UAH 458.11 million. Most lawsuits (almost 15,000) were filed on the appointment (recalculation) and payment of pensions to persons discharged from military service, 11.2 thousand lawsuits were satisfied, which is 83.2% of cases considered by courts in this category. These statistics only show that currently many servicemen who are entitled to a pension face the problem of correct, timely and fair calculation and recalculation of their own, well-deserved pension. The author emphasizes that the recalculation of the pension is a legally established procedure for reviewing the amount of the already assigned pension in connection with changes in circumstances, submission of new documents, adoption of new legislation, changes in state social standards, etc. The appointment of a pension, as part of the pension relationship, is a particularly important part of it, because it is at this stage that the establishment of those relationships that will only develop in the future.
Keywords: The economic crisis, financial hardship and the bureaucratic mechanism of exercising any social right, including the right to a pension in Ukraine, contribute to the fact that the pension rights of servicemen and members of their families are not properly exercised, so such pensions are often not granted or are appointed much later than such a right arose. For example, during 2019, 47.4 thousand lawsuits were filed with the bodies of the Pension Fund of Ukraine regarding pension provision and other issues in the amount of UAH 527.1 million. The court satisfied 38.6 thousand lawsuits (85.1% of all cases considered by the courts) in the amount of UAH 458.11 million. Most lawsuits (almost 15,000) were filed on the appointment (recalculation) and payment of pensions to persons discharged from military service, 11.2 thousand lawsuits were satisfied, which is 83.2% of cases considered by courts in this category. These statistics only show that currently many servicemen who are entitled to a pension face the problem of correct, timely and fair calculation and recalculation of their own, well-deserved pension. The author emphasizes that the recalculation of the pension is a legally established procedure for reviewing the amount of the already assigned pension in connection with changes in circumstances, submission of new documents, adoption of new legislation, changes in state social standards, etc. The appointment of a pension, as part of the pension relationship, is a particularly important part of it, because it is at this stage that the establishment of those relationships that will only develop in the future.