Journal №2 (14) / 2016|KELM

LIST OF FILES

THE CONCEPT OF THE JUDICIAL POWER FUNCTIONS (THEORETICAL AND LEGAL ASPECT)

M. BULKAT

Dr., kerownik rządu prawnego wsparcia sądu
Wyższego Specjalisowanego Sądu Ukrainy spraw cywilnych i karnych (Kijów, Ukraina)

Anotation. The article presents the results of a scientific analysis of the features of formation of theoretical and legal foundations of the concept of the functions of the judicial power. An algorithm for the study of the functions of the judicial power, in particular the analysis of doctrinal approaches to the definition of the legal nature of the state and its functionality (as in the general scientific context and in relation to the specific approaches of the Ukrainian legal science); historical and legal research the specifics of the development and transformation of the functional purpose of the courts and other organs of the judicial power (as in the general context of the evolution of the state and as specific organs of the judicial power to the territory of modern Ukraine); the use of theoretical and legal analysis of the reception of the primary categories for the concept of the functions of the judicial power. The primary categories for the formation of the concept of the functions of the judicial power identified «power», «state power», «function», «public function». On the basis of applying this specified algorithm, the author’s approach to the determination of the theoretical and legal foundations of the concept of the functions of the judicial power as a set of activities of a single component of the state power in the concrete particular sphere of her power-regulation – on the establishment of justice, in accordance with the specified, authentic values and guidelines; which is correlated with an understanding of the destination (goal) of the state in society; its objectives; the content of the functions, performed by the state in society (state functions); the objectives, set by the society to the state and state power at every stage of development; is implemented in the respective shapes and forms, specific methods, techniques, tools.
Keywords: The article presents the results of a scientific analysis of the features of formation of theoretical and legal foundations of the concept of the functions of the judicial power. An algorithm for the study of the functions of the judicial power, in particular the analysis of doctrinal approaches to the definition of the legal nature of the state and its functionality (as in the general scientific context and in relation to the specific approaches of the Ukrainian legal science); historical and legal research the specifics of the development and transformation of the functional purpose of the courts and other organs of the judicial power (as in the general context of the evolution of the state and as specific organs of the judicial power to the territory of modern Ukraine); the use of theoretical and legal analysis of the reception of the primary categories for the concept of the functions of the judicial power. The primary categories for the formation of the concept of the functions of the judicial power identified «power», «state power», «function», «public function». On the basis of applying this specified algorithm, the author’s approach to the determination of the theoretical and legal foundations of the concept of the functions of the judicial power as a set of activities of a single component of the state power in the concrete particular sphere of her power-regulation – on the establishment of justice, in accordance with the specified, authentic values and guidelines; which is correlated with an understanding of the destination (goal) of the state in society; its objectives; the content of the functions, performed by the state in society (state functions); the objectives, set by the society to the state and state power at every stage of development; is implemented in the respective shapes and forms, specific methods, techniques, tools.

FOREIGN EXPERIENCE OF ORGANIZATION OF SOCIAL WORK WITH CONVICTED PERSONS AS A KIND OF RESOCIALIZATION

O. BATIUK

doktor nauk prawnych, wykładowca
Koledżu TBP Wschodnioeuropejskiego Narodowego Uniwersytetu im. Lesi Ukrainki (m. Łuck, Ukraina)

Anotation. The provisions of the scientific article, the authors conducted a study of foreign experience of introduction of social work with convicted persons as a kind of re-socialization. Describes the major directions of social work as a profession that emerged at the turn of XIX and XX centuries in many countries: USA, UK, Germany, the Netherlands, Sweden, France and other countries. The authors propose the use of positive experience of implementation of social work with convicted persons as a kind of re socialization to improve the provisions of current legislation of Ukraine. Served actually the author's definition of social work with persons serving sentences.
Keywords: The provisions of the scientific article, the authors conducted a study of foreign experience of introduction of social work with convicted persons as a kind of re-socialization. Describes the major directions of social work as a profession that emerged at the turn of XIX and XX centuries in many countries: USA, UK, Germany, the Netherlands, Sweden, France and other countries. The authors propose the use of positive experience of implementation of social work with convicted persons as a kind of re socialization to improve the provisions of current legislation of Ukraine. Served actually the author's definition of social work with persons serving sentences.

PROBLEMS OF FORMATION OF TOURISM-EXCURSION MODEL OF EDUCATION AS A COMPONENT OF XIX - MID XX CENTURY

Т. DUDKA

kandydat nauk pedaqoqicznych,
Uniwersytet pedagogiczny imienia H.P.Drahomanowa (m. Kyjiv, Ukraina)

Anotation. In this article the problem of forming excursion and tourism, as one of the fundamental elements of the model training XIX - midtwentieth century, by analyzing the creative heritage of local educators and social events historically.
Keywords: In this article the problem of forming excursion and tourism, as one of the fundamental elements of the model training XIX - midtwentieth century, by analyzing the creative heritage of local educators and social events historically.

SELECTED ASPECTS OF THE CHANGE IN CONTEMPORARY POLISH SPECIAL EDUCATION IDENTITY FROM THE PERSPECTIVE OF CIVILIZATION TRANSFORMATION

M. DYCHT

dr hab. prof.
UKSW (Warszawa, Polska)

Anotation. One of the determinants of a given scientific discipline’s development is a continuous determination of its identity, its status and the role it should play to serve humanity as fully as possible. At the time of profound social changes which are taking place in Poland at present, it seems especially important to give consideration to the tasks, functions and perspectives of modern special education. Today, a new determination of the duties of special education as a scientific subdiscipline is conditioned by the multiplicity, complexity and dissimilarity of paradigms and theoretical contexts which define it. It is necessary to specify anew its theoretical and methodological identity. The article is an effort to explore in theory the modern – new – research scope of special education. It emphasizes the need to determine a new cognitive subject and object (subject-object identity of special education) that would be appropriate to special education in the light of civilization transformations which are taking place at present.
Keywords: One of the determinants of a given scientific discipline’s development is a continuous determination of its identity, its status and the role it should play to serve humanity as fully as possible. At the time of profound social changes which are taking place in Poland at present, it seems especially important to give consideration to the tasks, functions and perspectives of modern special education. Today, a new determination of the duties of special education as a scientific subdiscipline is conditioned by the multiplicity, complexity and dissimilarity of paradigms and theoretical contexts which define it. It is necessary to specify anew its theoretical and methodological identity. The article is an effort to explore in theory the modern – new – research scope of special education. It emphasizes the need to determine a new cognitive subject and object (subject-object identity of special education) that would be appropriate to special education in the light of civilization transformations which are taking place at present.

THE SOCIAL AND PSYCHOLOGICAL ASSISTANCE RESOCIALIZATION DURING PARTY IN GERMANY

S. CHERNETA, T. Martyniuk

S. CHERNETA docent katedry pedagogiki socjalnej oraz pedagogiki szkoły wyższej Wschodnioeuropejskiego Narodowego Uniwersytetu im. Lesi Ukrainki doktor nauk pedagogicznych, docent (m. Łuck, Ukraina)
T. Martyniuk docent katedry pedagogiki socjalnej oraz pedagogiki szkoły wyższej Wschodnioeuropejskiego Narodowego Uniwersytetu im. Lesi Ukrainki doktor nauk pedagogicznych, docent (m. Łuck, Ukraina)

Anotation. In the article the features and the role of social and psychological work with convicted in Germany, its components, stages, directions and content. Particular attention is drawn on the experience of re socialization of prisoners in Germany and the prospects of its implementation in Ukraine.
Keywords: In the article the features and the role of social and psychological work with convicted in Germany, its components, stages, directions and content. Particular attention is drawn on the experience of re socialization of prisoners in Germany and the prospects of its implementation in Ukraine.

DISCUSSION OF SUBJECTIVITY VERSUS DISABILITY – AT THE ORIGINS OF THE CONTEMPORARY APPROACH AND INTERDISCIPLINARY PERSPECTIVE

J. GŁODKOWSKA

Prof.
Akademia Pedagogiki Specjalnej im. Marii Grzegorzewskiej (m. Warszawa, Polska)

Anotation. The article discusses subjectivity as a dimension that integrates human functioning and gives an individual an identity, individuality in relationships with the environment. The Author refers to interdisciplinary perspectives, which makes it possible to perform analyses that take into consideration – among other things – such factors as: abilities and developmental potential, activity connected with the improvement of the life environment and with self-construction, uniqueness and self-realization, independence and cognitive control. As far as pedagogy is concerned, the discussion points to education as a process of subjectivity formation. In terms of special education, the article emphasizes the importance of subjectivity in forming one of the important paradigms of this theoretical and practical area.
Keywords: The article discusses subjectivity as a dimension that integrates human functioning and gives an individual an identity, individuality in relationships with the environment. The Author refers to interdisciplinary perspectives, which makes it possible to perform analyses that take into consideration – among other things – such factors as: abilities and developmental potential, activity connected with the improvement of the life environment and with self-construction, uniqueness and self-realization, independence and cognitive control. As far as pedagogy is concerned, the discussion points to education as a process of subjectivity formation. In terms of special education, the article emphasizes the importance of subjectivity in forming one of the important paradigms of this theoretical and practical area.

SOME ELEMENTS OF THE LEGAL MECHANISM TO ENSURE THE RIGHTS OF MINORS IN UKRAINE TO PERSONAL SECURITY

O. JAWORSKA

doktorant
katedry prawa administracyjnego i procesu
Międzynarodowego uniwersytetu "Ukraina" (Kijów, Ukraina )

Anotation. The article analyzes the legal guarantees to ensure the rights of minors to personal security in prisons, by theoretical and applied problems relating to their content, and developed sciencebased proposals for solving them on the merits.
Keywords: The article analyzes the legal guarantees to ensure the rights of minors to personal security in prisons, by theoretical and applied problems relating to their content, and developed sciencebased proposals for solving them on the merits.

HOW TO PROTECT DYING DIALECT AND DIALECTS

H. KARAŚ

prof. dr hab.
Instytut Języka Polskiego Uniwersytet Warszawski (Warszawa, Polska)

Anotation. Dialect folk is an important element of national and regional identity - a relationship that feels hu age with his "little homeland". Dialect creates a feeling for the local community, and therefore is an indicator of belonging to "their", not "foreign." Polish folk dialect also create real wealth of knowledge about the past, they wear Nik culture, traditions and customs. In dialect - as in a mirror - we can look at folk culture. That it was a fixed whole vocabulary naming the products of this culture (both material and spiritual). We follow the story of the culture, the history of communities who speak a particular dialect. For example - slang terminology paster American (buzz lane mountain) tells us a lot, not only about the habits of pastoral methods of farming, but also about the history of settlement in these lands and dealing with other nations and their languages. Of these contacts provide words from different languages: the Romanian Parliament (eg. Straits, cap male goats klag 'rennet to acidify milk, parades) and Hungarian (eg. Gazda, harnaś, juhas), Ruthenian (eg. perednica 'about the cow-reaching headed sta da), German (eg. kierniczka 'Churns; wooden utensil for making butter, putnia 'kind of wooden buckets to carry water') and the Slovak-Czech (eg. hall, flock, moccasins).

SOME SUBSTANTIAL ELEMENTS OF METHODS OF ASSESSMENT OF ACTIVITIES TO PREVENT CRIMES

I. KOLB, D. SUPRUNENKO

I. KOLB doktor nauk prawnych, prokurator wydziału nadzoru nad przestrzeganiem prawa podczas wykonania wyroków sądowych w sprawach karnych, jak również podczas użycia innych środków przymusu związanych z ograniczeniem wolności obywateli Prokuratury obwodu Kijowskiego (m. Kijów, Ukraina)
D. SUPRUNENKO adiunkt katedry kryminologii oraz prawa karnowykonawczego Narodowej Akademii Spraw Wewnętrznych (m. Kijów, Ukraina)

Anotation. The article analyzes the scientific literature and regulatory acts relating to assess the effectiveness of prosecution in supervisory activities, identified issues and developed evidencebased proposals for improving the performance indicators of prosecutors related to preventing and combating crime.
Keywords: The article analyzes the scientific literature and regulatory acts relating to assess the effectiveness of prosecution in supervisory activities, identified issues and developed evidencebased proposals for improving the performance indicators of prosecutors related to preventing and combating crime.

FEATURES OF INDIVIDUAL MEASURES TO PREVENT CORRUPTION AMONG THE STAFF OF THE STATE PENITENTIARY SERVICE OF UKRAINE

O. KOLB, Y. LIHOWITSKIY

O. KOLB doktor habilitowany nauk prawnych, profesor katedry kryminologii oraz prawa karnowykonawczego Narodowej Akademii Spraw Wewnętrznych (m. Kijów, Ukraina)
Y. LIHOWITSKIY doktor nauk prawnych docent katedry karnego prawa Użgorodskiego Uniwersytetu (m. Użgorod, Ukraina)

Anotation. In the article on the basis of the analysis of the content of individual prevention of corruption in Ukraine, identifies key issues that require development on research and improvement of the regulatory levels, including taking into account the positive international experience.
Keywords: In the article on the basis of the analysis of the content of individual prevention of corruption in Ukraine, identifies key issues that require development on research and improvement of the regulatory levels, including taking into account the positive international experience.

SCIENTIFIC-PEDAGOGICAL IDEA OF THE UKRAINIAN SCIENTIST A. M. ALEXUKA ON TRAINING AND EDUCATION IN A SOVEREIGN STATE

N. KUZMENKO, A. MARUSZKEWICZ

N. KUZMENKO Dr.hab., doc. katedry pedagogiki, Kyjiwski Uniwersytet Narodowy Imienia Tarasa Szewczenko (m. Kijów, Ukraina)
A. MARUSZKEWICZ Dr.hab., prof., kerownik katedry pedagogiki, Kyjiwski Uniwersytet Narodowy imienia Tarasa Szewczenko (m. Kijów, Ukraina)

Anotation. The article deals with points of view on personality of A.M. Aleksyuk as a teacher and a scholar, a manager in educational sphere, the author of works about History of Pedagogy and Higher Education in Ukraine, General Pedagogy, Didactics, Theory of Upbringing, methodology of teaching pedagogical disciplines. His pedagogical ideas about updating the content of teaching, increasing its educational, developmental and educational functions, as well as improving methods and forms of organization of educational training, the formation of new educational technologies to improve the efficiency of the educational process at all stages of education in the conditions of Ukraine as an independent and democratic state have been considered.
Keywords: The article deals with points of view on personality of A.M. Aleksyuk as a teacher and a scholar, a manager in educational sphere, the author of works about History of Pedagogy and Higher Education in Ukraine, General Pedagogy, Didactics, Theory of Upbringing, methodology of teaching pedagogical disciplines. His pedagogical ideas about updating the content of teaching, increasing its educational, developmental and educational functions, as well as improving methods and forms of organization of educational training, the formation of new educational technologies to improve the efficiency of the educational process at all stages of education in the conditions of Ukraine as an independent and democratic state have been considered.

SOCIAL INEQUALITIES VERSUS SOCIAL AND MORAL CRISIS The

T. MICHALCZYK

Prof. dr hab.
Zakład Socjologii Katedra Nauk Humanistycznych SGGW (m. Warszawa, Polska)

Anotation. The analysis of social inequalities in a view of social and moral crisis represented by its most frequently mentioned indications in the sociological literature has been presented in this article. Fourteen indications were split into three groups differentiated by a degree of their comprehensiveness. The analysis of these three groups of crisis indications in a view of social inequalities has been performed using three theories: functional stratification theory, elite theory and theory of conflict. This analysis enables the author to state that crisis situations defined by above mentioned indications may influence social inequalities. In this article a reader will find also definitions of social inequalities and social and moral crisis.

ANALYSIS OF THE PSYCHOSOCIAL FUNCTION OF SPORT FOR PEOPLE WITH DISABILITIES

J. NIEDBALSKI

Doktor nauk
humanistycznych w zakresie socjologii, absolwent Wydziału Prawa i Administracji
UŁ oraz Wydziału Ekonomiczno- Socjologicznego UŁ (m. Łódz, Polska)

Anotation. People with disabilities constitute a significant proportion of the population of Poland. Despite its number, this is a group of people that repeatedly feel the effects of existing stereotypes and, in consequence, are exposed to social marginalization. For this reason, attempts are continually made to counteract their exclusion and to include them in the mainstream of social life. Physical activity promotion among people with disabilities is one of such attempts. The aim of the study is to identify the role of sport in the lives of people with physical disabilities as well as to determine how playing sports affects the change in the perception of people with disabilities by nondisabled people. The role of sport was determined within a few selected psychosocial functions that were distinguished as analytical categories based on the study. The study used qualitative data which were collected using unstructured interview techniques and undisguised observation conducted among people with disabilities playing sports. The analytical framework of the study was the theory of symbolic interactionism located in the interpretative paradigm.
Keywords: People with disabilities constitute a significant proportion of the population of Poland. Despite its number, this is a group of people that repeatedly feel the effects of existing stereotypes and, in consequence, are exposed to social marginalization. For this reason, attempts are continually made to counteract their exclusion and to include them in the mainstream of social life. Physical activity promotion among people with disabilities is one of such attempts. The aim of the study is to identify the role of sport in the lives of people with physical disabilities as well as to determine how playing sports affects the change in the perception of people with disabilities by nondisabled people. The role of sport was determined within a few selected psychosocial functions that were distinguished as analytical categories based on the study. The study used qualitative data which were collected using unstructured interview techniques and undisguised observation conducted among people with disabilities playing sports. The analytical framework of the study was the theory of symbolic interactionism located in the interpretative paradigm.

THE PROBLEMS OF FUNCTIONING SECTOR RESORT TREATMENT IN POLAND - SOME ASPECTS

D. REŚKO

Dr. ekonomista,
Akademii Rolniczej w Krakowie (m. Krakow, Polska)

Anotation. The article introduces selected aspects of functioning of the health resort sector in Poland. The content focuses on the main problems of economic situation of this sector. The important part of the article is the description of previous activity of polish government in the health resort sector area, during the period of economic transformation. Moreover, there is the review of general situation of the health resort enterprises in Poland. The conclusion of this paper is suggestion privatization all of polish health resort companies, as only way ensuring their development in actual legal requirements.
Keywords: The article introduces selected aspects of functioning of the health resort sector in Poland. The content focuses on the main problems of economic situation of this sector. The important part of the article is the description of previous activity of polish government in the health resort sector area, during the period of economic transformation. Moreover, there is the review of general situation of the health resort enterprises in Poland. The conclusion of this paper is suggestion privatization all of polish health resort companies, as only way ensuring their development in actual legal requirements.

USE CLOUD COMPUTING SERVICES IN TRAINING

S. SHILO

magistrant
teoria i metodyka nauczania fizyki i astronomii
(m. Kijów, Ukraina)

Anotation. The article discusses the prospects of cloud technologies in the educational process of modern school. Expands the definition of cloud computing, describes cloud model. The basic services based on cloud computing, and the possibility of their use in the classroom.
Keywords: The article discusses the prospects of cloud technologies in the educational process of modern school. Expands the definition of cloud computing, describes cloud model. The basic services based on cloud computing, and the possibility of their use in the classroom.

THE PRICE CONTROL IN THE SERVICE OF HOSPITALITY AND TOURISM MANAGEMENT

J. WOJNAROWSKI

Dr. wykładowca,
Wyższej Szkoły Biznesu – NLU (m. Nowy Sącz, Małopolska, Polska)

Anotation. The article underscores the importance of price as a marketing factor and looks at what the pricing policy should be like, not only as a result of the external forces operating on the market and the market situation of a given product, but also as a result of internal actions of a tourism company itself. In order to know how to prepare, determine and use pricing as a marketing tool, we need to have a complete image of the market and a clear idea of consumer behaviour and their notion of product/service value, as well as their interpretation before the purchase of the product-service. Tourism companies and hotels, depending on external and internal factors, can and should apply various concepts and pricing strategies, to allow them to stay afloat in the market, launch new cost-effective products, enter new market segments, compete with others and ensure positive economic relations.
Keywords: The article underscores the importance of price as a marketing factor and looks at what the pricing policy should be like, not only as a result of the external forces operating on the market and the market situation of a given product, but also as a result of internal actions of a tourism company itself. In order to know how to prepare, determine and use pricing as a marketing tool, we need to have a complete image of the market and a clear idea of consumer behaviour and their notion of product/service value, as well as their interpretation before the purchase of the product-service. Tourism companies and hotels, depending on external and internal factors, can and should apply various concepts and pricing strategies, to allow them to stay afloat in the market, launch new cost-effective products, enter new market segments, compete with others and ensure positive economic relations.

INTERNATIONAL STANDARDS IN THE SPHERE OF PROTECTING THE VICTIMS OF CRIMES

Tserkunyk Liliana

wykładowca
Katedry dyscyplin karnoprawnych oraz międzynarodowego prawa karnego
Wydziału Prawa (m. Użgorod, Ukraina)

Anotation. In the article have been analyzed International regulatory legal Acts of protecting the victims of crimes and international standards for compensation of damages to the injured persons from the crimes in the countries of Western Europe and the USA. The author brings Tserkunyk Liliana wykładowca Katedry dyscyplin karnoprawnych oraz międzynarodowego prawa karnego Wydziału Prawa (m. Użgorod, Ukraina) the attention to taking into consideration the useful foreign experience and its correct use can really help in avoiding certain kinds of crimes (especially those of the perforce character) and help in protecting the victims of crimes, respecting their rights and bringing them back to normal full life.
Keywords: In the article have been analyzed International regulatory legal Acts of protecting the victims of crimes and international standards for compensation of damages to the injured persons from the crimes in the countries of Western Europe and the USA. The author brings Tserkunyk Liliana wykładowca Katedry dyscyplin karnoprawnych oraz międzynarodowego prawa karnego Wydziału Prawa (m. Użgorod, Ukraina) the attention to taking into consideration the useful foreign experience and its correct use can really help in avoiding certain kinds of crimes (especially those of the perforce character) and help in protecting the victims of crimes, respecting their rights and bringing them back to normal full life.

FORMATION OF THE READINESS OF MASTERS IN INTERNATIONAL INFORMATION TO THE REALIZATION OF A PROFESSIONAL CAREER

Bohush Liudmyla

zdobywca stopnia naukowego
Katedry Pedagogiki
Wschodnioeuropejskieg o Uniwersytetu Narodowego Narodowego imienia Łesi Ukrainki, (m.Lutsk, Ukraina)

Anotation. The article analyzed the concept of professional career, defines the main components of future specialists in international information for successful realization of a professional career. Defined pedagogical conditions that ensure the effective formation of the readiness of future specialists to the successful realization of the professional career and revealed the main stages of a specified process. Selected motifs, that are basic to professional orientation.
Keywords: The article analyzed the concept of professional career, defines the main components of future specialists in international information for successful realization of a professional career. Defined pedagogical conditions that ensure the effective formation of the readiness of future specialists to the successful realization of the professional career and revealed the main stages of a specified process. Selected motifs, that are basic to professional orientation.