Journal №3 (55) / 2023|KELM

LIST OF FILES

ARTISTRY OF CHILDREN OF PRIMARY SCHOOL AGE IN MUSICAL AND PERFORMING ACTIVITIES AS A PSYCHOLOGICAL AND PEDAGOGICAL PHENOMENON

Ren Wei

Postgraduate Student at the Department of Choreography and Musical Art Sumy State Pedagogical University named after A.S. Makarenko (Sumy, Ukraine)

ORCID ID: 0009-0005-6675-4950

Anotation. In the article, the author investigates the problem of the formation of artistry of children of primary school age in musical and performing activities. In this context, a psychological-pedagogical analysis of scientific literature was carried out, it was proved that one of the priority tasks is the formation and development of children's creative personality, since the relationship between the emotional and rational spheres of human activity is mostly broken in the direction of pragmatism and rationality. This leads to the strengthening of the role of art in child education, the involvement of various forms, methods and means of artistic education and education for the realization of this goal. It has been proven that the artistry of children of primary school age in musical and performing activities is a multi-component personal formation that contributes to the cognition, creation and reproduction of an artistic image through expressive means of musical and theatrical art with the participation of intellectual procedures in the field of instrumental performance.
Keywords: In the article, the author investigates the problem of the formation of artistry of children of primary school age in musical and performing activities. In this context, a psychological-pedagogical analysis of scientific literature was carried out, it was proved that one of the priority tasks is the formation and development of children's creative personality, since the relationship between the emotional and rational spheres of human activity is mostly broken in the direction of pragmatism and rationality. This leads to the strengthening of the role of art in child education, the involvement of various forms, methods and means of artistic education and education for the realization of this goal. It has been proven that the artistry of children of primary school age in musical and performing activities is a multi-component personal formation that contributes to the cognition, creation and reproduction of an artistic image through expressive means of musical and theatrical art with the participation of intellectual procedures in the field of instrumental performance.

E-COURSE “BASICS OF COMPUTER GRAPHICS” POWERED BY THE DISTANCE LEARNING SERVICE

Mykola Korets, Petro Korostel

Mykola Korets, Doctor of Pedagogical Sciences, Professor, Professor at the Department of Engineering and Production Technology Mykhailo Drahomanov State University (Kyiv, Ukraine)
Petro Korostel, Postgraduate Student at the Department of Engineering and Production Technology Mykhailo Drahomanov State University (Kyiv, Ukraine)

ORCID ID: 0000-0001-5552-7481, ORCID ID: 0000-0001-7869-9913

Anotation. The article justifies the development of an e-course on the basics of computer graphics using the “Google Classroom” learning service, which provides the implementation of distance learning for training Bachelors of Vocational Education. The expediency of using the Google Classroom educational platform (cloud-based learning environment), which is a framework for online learning and monitoring student knowledge, is proven. The main operation modes within the Google Classroom distance learning system are determined, which assist in tracking task performance step by step, assessing, making adjustments; an option of integrated assessment of student achievement is available. By relying on an empirical study of course effectiveness, it was found that the designed learning environment improves communication in the teacher-student system, and the educational process becomes more intelligible and effective as it appears from the advancement of students’ knowledge.
Keywords: The article justifies the development of an e-course on the basics of computer graphics using the “Google Classroom” learning service, which provides the implementation of distance learning for training Bachelors of Vocational Education. The expediency of using the Google Classroom educational platform (cloud-based learning environment), which is a framework for online learning and monitoring student knowledge, is proven. The main operation modes within the Google Classroom distance learning system are determined, which assist in tracking task performance step by step, assessing, making adjustments; an option of integrated assessment of student achievement is available. By relying on an empirical study of course effectiveness, it was found that the designed learning environment improves communication in the teacher-student system, and the educational process becomes more intelligible and effective as it appears from the advancement of students’ knowledge.

STREET ART AND ITS USE WHEN TEACHING FOREIGN LANGUAGES

Tetiana Poliakova, Viktoriia Samarina

Tetiana Poliakova, Candidate of Philology Science, Associate Professor, Associate Professor at the Department of Cross-Cultural Communication and Foreign languages National Technical University “Kharkiv Polytechnic Institute” (Ukraine, Kharkiv)
Viktoriia Samarina, Candidate of Philology Science, Associate Professor, Associate Professor of the Department of Business Foreign Language and Translation National Technical University “Kharkiv Polytechnic Institute” (Ukraine, Kharkiv)

ORCID ID: 0000-0002-3353-2228, ORCID ID: 0000-0003-1794-4879

Anotation. Currently, the education system is making use of not only traditional teaching methods, information technologies, but also methods based on the use of elements of modern art. The purpose of the article is to analyze street art and its potential in teaching foreign languages. The methods of information analysis, linguistic description, interpretation, systematization, generalization, etc. have been used. Involvement of street art in the process of learning foreign languages can include several stages – getting acquainted with the artist's work, comprehending his idea and conveying this idea in a foreign language. In addition, you can use such types of tasks as describing pictures, creating your own stories, discussing ideas, giving titles to your own artwork in a foreign language, etc. Thus, the use of elements of street art when teaching foreign languages makes it possible to implement the communicative function, to expand students` active and passive vocabulary, and form sociocultural competences.
Keywords: Currently, the education system is making use of not only traditional teaching methods, information technologies, but also methods based on the use of elements of modern art. The purpose of the article is to analyze street art and its potential in teaching foreign languages. The methods of information analysis, linguistic description, interpretation, systematization, generalization, etc. have been used. Involvement of street art in the process of learning foreign languages can include several stages – getting acquainted with the artist's work, comprehending his idea and conveying this idea in a foreign language. In addition, you can use such types of tasks as describing pictures, creating your own stories, discussing ideas, giving titles to your own artwork in a foreign language, etc. Thus, the use of elements of street art when teaching foreign languages makes it possible to implement the communicative function, to expand students` active and passive vocabulary, and form sociocultural competences.

APPLICATION OF INNOVATIVE TECHNOLOGIES IN PHYSICAL EDUCATION LESSONS

Iryna Khomenko, Inna Dudnyk

Iryna Khomenko, Candidate of Pedagogical Sciences (Ph.D), Associate Professor, Associate Professor at the Department of Theory and Method of Physical Education Bogdan Khmelnytsky National University of Cherkasy (Cherkasy, Ukraine)
Inna Dudnyk, Candidate of Pedagogical Sciences (Ph.D), Associate Professor, Associate Professor at the Department of Sports Disciplines Bohdan Khmelnytsky National University of Cherkasy (Cherkasy, Ukraine)

ORCID ID: 0000-0002-1330-3604, ORCID ID: 0000-0003-3150-8387

Anotation. Actuality of work consists in research of new technologies which will help to improve work of teachers and able to interest students. Planning of educational process taking into account new requirements foresees other going the teachers of physical culture not only near planning of results of studies but also to the choice of maintenance, methods, forms and technologies of studies. The paper discusses various innovative technologies that are used in physical education classes: a health is keepings technology, personality oriented studies, information and communications technology. Their significance for the formation of students ' sustainable interest in physical culture is determined; their influence on the quality of knowledge, the effectiveness of training and development. Certainly row of advantages of application of innovative technologies on the lessons of physical culture in relation to the traditional system of studies at school.
Keywords: Actuality of work consists in research of new technologies which will help to improve work of teachers and able to interest students. Planning of educational process taking into account new requirements foresees other going the teachers of physical culture not only near planning of results of studies but also to the choice of maintenance, methods, forms and technologies of studies. The paper discusses various innovative technologies that are used in physical education classes: a health is keepings technology, personality oriented studies, information and communications technology. Their significance for the formation of students ' sustainable interest in physical culture is determined; their influence on the quality of knowledge, the effectiveness of training and development. Certainly row of advantages of application of innovative technologies on the lessons of physical culture in relation to the traditional system of studies at school.

SCIENTIFIC-METHODICAL APPROACHES TO THE MANAGEMENT OF THE QUALITY OF TRAINING OF BACHELORS IN PHYSICAL EDUCATION IN THE CONDITIONS OF THE EDUCATIONAL ENVIRONMENT OF A HIGHER EDUCATION INSTITUTION

Zhang Liang

Postgraduate Student at the Department of Pedagogy, Foreign Philology and Translation Kharkiv National Semen Kuznets University of Economics (Kharkiv, Ukraine)

ORCID ID: 0000-0002-5750-2605

Anotation. The article examines the emergence and historical development of physical education, starting with primitive society, where elements of physical education arose during natural actions. In the future, physical education became an organized activity that includes special exercises and training to improve physical abilities and health. Modern physical education is an important component of the educational process, which contributes to the healthy development of young people and increases productivity in various spheres of life. The emergence of physical education refers to an early period in the history of human society. Elements of physical education arose in primitive society. People foraged for food, hunted, built dwellings, and during this natural, necessary activity, their physical abilities – strength, endurance, speed – spontaneously improved.
Keywords: The article examines the emergence and historical development of physical education, starting with primitive society, where elements of physical education arose during natural actions. In the future, physical education became an organized activity that includes special exercises and training to improve physical abilities and health. Modern physical education is an important component of the educational process, which contributes to the healthy development of young people and increases productivity in various spheres of life. The emergence of physical education refers to an early period in the history of human society. Elements of physical education arose in primitive society. People foraged for food, hunted, built dwellings, and during this natural, necessary activity, their physical abilities – strength, endurance, speed – spontaneously improved.

THE POLTAVA PERIOD OF THE GREAT TENOR IVAN KOZLOVSKY’S FORMATION: THE SOURCE STUDY ASPECT

Valentyna Andrieieva

Associate Professor at the Department of Opera Singing Tchaikovsky National Music Academy (Kyiv, Ukraine)

ORCID ID: 0000-0001-9511-4577

Anotation. The article focuses on the Poltava period of the creative development of Ivan Kozlovsky, one of the most outstanding singers of the twentieth century, which, according to the author, is fundamental. Due to the new facts that were found in archival materials, and based on newspaper periodicals of the period of the national liberation movement in Ukraine in 1917-1921 (which became available to researchers only recently), the author tried to recreate a more holistic and truthful picture of the Poltava period of the creativity of the singer. Three areas of Kozlovsky’s activity in Poltava have been singled out and highlighted: participation in the plays of the Ukrainian music and drama corpse, opera and concert activity.
Keywords: The article focuses on the Poltava period of the creative development of Ivan Kozlovsky, one of the most outstanding singers of the twentieth century, which, according to the author, is fundamental. Due to the new facts that were found in archival materials, and based on newspaper periodicals of the period of the national liberation movement in Ukraine in 1917-1921 (which became available to researchers only recently), the author tried to recreate a more holistic and truthful picture of the Poltava period of the creativity of the singer. Three areas of Kozlovsky’s activity in Poltava have been singled out and highlighted: participation in the plays of the Ukrainian music and drama corpse, opera and concert activity.

FEATURES OF MUSICAL IMPROVISATION IN JAZZ CULTURE

Alina Popova

Postgraduate Student at the Department of Academic and Variety Vocal and Sound Directing National Academy of Management of Culture and Arts(Kyiv, Ukraine)

ORCID ID: 0000-0001-5534-073Х

Anotation. The article examines and reveals the essence of the concept of improvisation. Its place and role in the system of jazz art is highlighted. The main features of the process of creating and reproducing jazz improvisation are clarified. The improvisational character is considered, namely how it caused the stylistic variety of jazz music. The system of formation, intonation, rhythmic organization, etc. in any improvisational style is covered. The main types of musical improvisation are analyzed. The main works related to improvisation and jazz time improvisation are covered. During the writing of the article, methods of analysis, synthesis, secondary processing of information were used. Conclusions are made about the essence and role of improv isation in jazz.
Keywords: The article examines and reveals the essence of the concept of improvisation. Its place and role in the system of jazz art is highlighted. The main features of the process of creating and reproducing jazz improvisation are clarified. The improvisational character is considered, namely how it caused the stylistic variety of jazz music. The system of formation, intonation, rhythmic organization, etc. in any improvisational style is covered. The main types of musical improvisation are analyzed. The main works related to improvisation and jazz time improvisation are covered. During the writing of the article, methods of analysis, synthesis, secondary processing of information were used. Conclusions are made about the essence and role of improv isation in jazz.

SUBGENRES OF CONTEMPORARY GERMAN AND ENGLISH PROSE

Inessa Anikina, Tetiana Melnyk

Inessa Anikina, PhD in Philology, Associate Professor at the Department of Slavic Languages and and World Literature Pavlo Tychyna Uman State Pedagogical University (Uman, Ukraine)
Tetiana Melnyk, PhD in Philology, Associate Professor at the Department of Intercultural Communication, World Literature and Translation Vinnytsia Mykhailo Kotsiubynskyi State Pedagogical University (Vinnytsia, Ukraine)

ORCID ID: 0000-0003-2760-8422, ORCID ID: 0000-0002-2258-7389

Anotation. The article attempts to classify the subgenres of contemporary German and English prose and provides their characteristics. It is noted that modern literary genres are a contamination of traditional genres and subgenres. In addition to general scientific research methods, the article uses the method of comparative analysis of the genre specificity of German and English prose. A comparative analysis of the modern subgenres of German and English prose has shown that they are identical, with most subgenres in German literature denoted by English terms. The authors of the article have established that the diversity of modern literary subgenres has become a problem for readers due to the discrepancy between the genre designation and the content of the work. It is proved that a characteristic feature of the literary process is genre instability, the crisis of traditional ideas and the transformation of almost all genre models.
Keywords: The article attempts to classify the subgenres of contemporary German and English prose and provides their characteristics. It is noted that modern literary genres are a contamination of traditional genres and subgenres. In addition to general scientific research methods, the article uses the method of comparative analysis of the genre specificity of German and English prose. A comparative analysis of the modern subgenres of German and English prose has shown that they are identical, with most subgenres in German literature denoted by English terms. The authors of the article have established that the diversity of modern literary subgenres has become a problem for readers due to the discrepancy between the genre designation and the content of the work. It is proved that a characteristic feature of the literary process is genre instability, the crisis of traditional ideas and the transformation of almost all genre models.

FOLKLORE PROJECTION OF EXISTENTIAL TIME IN THE ASPECT OF THE SPIRITUAL CONSTITUTION OF THE PERSONALITY

Alla Pavlova

Candidate of Philological Sciences, Associate Professor, Doctoral Student of the National Institute of Philology Taras Shevchenko Kyiv National University (Irpin, Ukraine)

ORCID ID: 0000-0001-6214-8738

Anotation. Using the example of folklore texts, the article analyzes the amibivalence of axiological meanings of the category of time, its role in structuring the anthropological model of non-ritual lyric-epic folklore, correlation with the problem of the immanent-transcendent dialectic. The author emphasizes that the relevance of the concepts of «time» and «cause-and-effect relationship» can be traced on the example of lyrical-epic folklore, since any action was determined by something or someone, it is understood and fixed in folklore consciousness. It is noted that the presence of the prerequisites of a certain event or act implies a time dimension. So, in the past tense, the conditioning of a certain situation is revealed, and in the present tense, the consequences are represented, and this dialectic becomes plausible both on the textual and non-textual levels.
Keywords: Using the example of folklore texts, the article analyzes the amibivalence of axiological meanings of the category of time, its role in structuring the anthropological model of non-ritual lyric-epic folklore, correlation with the problem of the immanent-transcendent dialectic. The author emphasizes that the relevance of the concepts of «time» and «cause-and-effect relationship» can be traced on the example of lyrical-epic folklore, since any action was determined by something or someone, it is understood and fixed in folklore consciousness. It is noted that the presence of the prerequisites of a certain event or act implies a time dimension. So, in the past tense, the conditioning of a certain situation is revealed, and in the present tense, the consequences are represented, and this dialectic becomes plausible both on the textual and non-textual levels.

THE IMAGE OF MYKHAILO BERNOV IN THE FRENCH-LANGUAGE PRESS OF THE 90S OF THE NINETEENTH CENTURY

Mykyta Pryhoda

Postgraduate Student at the Department of History of Ukraine Borys Grinchenko Kyiv University (Kyiv, Ukraine)

ORCID ID: 0000-0003-0038-3788

Anotation. The article, on the basis of the French-language press of the 1890s, examines the figure of Mykhailo Bernov, a famous traveller and pedestrian of the late nineteenth and early twentieth centuries. The characterisation of the figure is supplemented by brief biographical information presented at the beginning of the study. Travelling through the territory of Western Europe, North Africa and the Russian Empire in 1891–1897, M. Bernov, thanks to his own abilities, originality, active cultural, educational and lecturing activities, was in the focus of attention of many well-known magazines. Since 1889, M. Bernov’s active work in France has attracted the attention of numerous local press, which systematically and comprehensively portrays certain episodes of his life. In conclusion, according to the results of the study, on the basis of the information processed, two images of M. Bernov have been formed, which, in aggregate, testify to the uniqueness and originality of his figure.
Keywords: The article, on the basis of the French-language press of the 1890s, examines the figure of Mykhailo Bernov, a famous traveller and pedestrian of the late nineteenth and early twentieth centuries. The characterisation of the figure is supplemented by brief biographical information presented at the beginning of the study. Travelling through the territory of Western Europe, North Africa and the Russian Empire in 1891–1897, M. Bernov, thanks to his own abilities, originality, active cultural, educational and lecturing activities, was in the focus of attention of many well-known magazines. Since 1889, M. Bernov’s active work in France has attracted the attention of numerous local press, which systematically and comprehensively portrays certain episodes of his life. In conclusion, according to the results of the study, on the basis of the information processed, two images of M. Bernov have been formed, which, in aggregate, testify to the uniqueness and originality of his figure.

STYLISTIC MEANS OF EMPATHY IN CNN NEWS

Alona Serhiienko

Postgraduate Student at the Department of Germanic Philology Sumy State University (Sumy, Ukraine)

ORCID ID: 0000-0002-1805-4037

Anotation. The one, who owns the word art, has the greatest influence, since the result of informational influence depends on the way information is presented, which is currently relevant within the framework of research in various scientific paradigms, in particular linguistic. In connection with the above, the goal of this study is a linguopragmatic study of political news texts as a form of political discourse through a comprehensive analysis of stylistic means of expressing empathy. To solve the formulated goal, this paper uses a comprehensive method of research that combines methods of modern pragmastylistics, namely: analysis of political discourse in general, analysis of specific political texts, contextual, stylistic, pragmatic, structural-semantic, and lexical-semantic types of analysis. The continuous sampling method was used to select the material under consideration.
Keywords: The one, who owns the word art, has the greatest influence, since the result of informational influence depends on the way information is presented, which is currently relevant within the framework of research in various scientific paradigms, in particular linguistic. In connection with the above, the goal of this study is a linguopragmatic study of political news texts as a form of political discourse through a comprehensive analysis of stylistic means of expressing empathy. To solve the formulated goal, this paper uses a comprehensive method of research that combines methods of modern pragmastylistics, namely: analysis of political discourse in general, analysis of specific political texts, contextual, stylistic, pragmatic, structural-semantic, and lexical-semantic types of analysis. The continuous sampling method was used to select the material under consideration.

SPECIFICATION OF HOTELS NAMING IN DIFFERENT REGIONS OF ENGLAND

Olena Sydorenko

Candidate of Philological Sciences, Associate Professor, Researcher at the Faculty of Cultural Studies, Institute of German Studies and Comparative Literature, University of Paderborn (Germany)

ORCID ID: 0000-0001-9189-5994

Anotation. The purpose of the article is to analyze the names of hotels collected in the southern and northern regions of England, the city of London and its surroundings during the last twenty years, according to their lexical, semantic and structural features. The research was carried out using descriptive, areal and statistical scientific methods. Research covers 793 names. Most of the names are given in English. The main method of names’ formation in the south and north of England is appellativian, in the city of London and its surroundings is onymian. An attempt to classify these ergonyms is made. Names of objects are conditionally divided into subgroups. The analyzed names have a positive stylistic colour and perform an advertising function. Among onymian names, ergonyms formed by transonymization of anthroponyms, toponyms, mythonyms, poetonyms and pragmatonyms are analyzed. Toponymian and anthroponymian names are singled out as the most numerous among onymian ergonyms.
Keywords: The purpose of the article is to analyze the names of hotels collected in the southern and northern regions of England, the city of London and its surroundings during the last twenty years, according to their lexical, semantic and structural features. The research was carried out using descriptive, areal and statistical scientific methods. Research covers 793 names. Most of the names are given in English. The main method of names’ formation in the south and north of England is appellativian, in the city of London and its surroundings is onymian. An attempt to classify these ergonyms is made. Names of objects are conditionally divided into subgroups. The analyzed names have a positive stylistic colour and perform an advertising function. Among onymian names, ergonyms formed by transonymization of anthroponyms, toponyms, mythonyms, poetonyms and pragmatonyms are analyzed. Toponymian and anthroponymian names are singled out as the most numerous among onymian ergonyms.

THE MILITARY AND SECURITY CHOICE OF UKRAINE AFTER THE DISSOLUTION OF THE USSR AND ITS IMPACT ON RELATIONS WITH POLAND

Oleksii Furtes

Candidate of Historical Sciences, Senior Researcher, Full-time doctoral student of the scientific and organizational department Hetman Petro Sahaidachnyi National Army Academy (Lviv, Ukraine)

ORCID ID: 0000-0003-2993-626Х

Anotation. The article examines the process of formation of Ukraine’s military and security options after the collapse of the USSR. The historical prerequisites in which Ukraine found itself on the eve of the collapse of the USSR and in the first years after the declaration of its independence are analyzed. Ukraine’s desire to get out of the influence of the Russian Federation and become an active participant in the formation of the Central European zone of stability and security, especially against the background of Ukrainian-Polish relations, is considered. It is shown in which legal trap Ukraine has found itself regarding its military security, having declared itself a nonaligned and non-nuclear state, and what Ukraine’s multi-vector policy in international relations has led to. It was found out that at the beginning of the 90s of the last century, Ukraine made a fatal mistake – by making the country’s military and security choice in favor of neutrality and non-nuclear.
Keywords: The article examines the process of formation of Ukraine’s military and security options after the collapse of the USSR. The historical prerequisites in which Ukraine found itself on the eve of the collapse of the USSR and in the first years after the declaration of its independence are analyzed. Ukraine’s desire to get out of the influence of the Russian Federation and become an active participant in the formation of the Central European zone of stability and security, especially against the background of Ukrainian-Polish relations, is considered. It is shown in which legal trap Ukraine has found itself regarding its military security, having declared itself a nonaligned and non-nuclear state, and what Ukraine’s multi-vector policy in international relations has led to. It was found out that at the beginning of the 90s of the last century, Ukraine made a fatal mistake – by making the country’s military and security choice in favor of neutrality and non-nuclear.

CATALAN INDEPENDENCE REFERENDUM: POLITICAL AND SOCIAL BACKGROUND

Natalia Stetsyuk, Mariana Sheketa

Natalia Stetsyuk, Candidate of Historical Sciences, Associate Professor, Head of the Department of International Relations Vasyl Stefanyk Precarpathian National University (Ivano-Frankivsk, Ukraine)
Mariana Sheketa, Postgraduate Student at the Department of International Relations Vasyl Stefanyk Precarpathian National University (Ivano-Frankivsk,Ukraine)

ORCID ID: 0000-0002-6741-6057

Anotation. The aim of research is to explore the political and social confrontation between two concepts of Spain’s future – unionism and independence. On the one hand, the activities of supporters of independence regarding the holding of a legitimate referendum on the independence of Catalonia and the creation of its own state are analyzed, and on the other hand, the opposition to such a scenario by supporters of a single state – unionists. The dispute between the two concepts exists not only in Spain’s political life but also in Spain’s society, which reflects the general trends of the existence of a dialogue about the future of the Kingdom of Spain. The importance of fully understanding the internal political situation in Spain and finding a compromise between opposing opinions is substantiated. The repeated referendum on independence in Catalonia and subsequent plans for its legitimization prove the political tense between Madrid and the regions.
Keywords: The aim of research is to explore the political and social confrontation between two concepts of Spain’s future – unionism and independence. On the one hand, the activities of supporters of independence regarding the holding of a legitimate referendum on the independence of Catalonia and the creation of its own state are analyzed, and on the other hand, the opposition to such a scenario by supporters of a single state – unionists. The dispute between the two concepts exists not only in Spain’s political life but also in Spain’s society, which reflects the general trends of the existence of a dialogue about the future of the Kingdom of Spain. The importance of fully understanding the internal political situation in Spain and finding a compromise between opposing opinions is substantiated. The repeated referendum on independence in Catalonia and subsequent plans for its legitimization prove the political tense between Madrid and the regions.

THE IMPACT OF A FULL-SCALE WAR ON THE STRUCTURE OF ELECTORAL GROUPS OF UKRAINE AND THEIR SOCIO-PSYCHOLOGICAL CHARACTERISTICS

Kateryna Bezrukova

Postgraduate Student at the Faculty of Psychology Taras Shevchenko National University of Kyiv (Kyiv, Ukraine)

ORCID ID: 0000-0002-6230-8348

Anotation. The full-scale war has significantly affected the architecture of the electoral field of Ukraine. The article presents the results of an expert study of the typology of electoral groups in Ukraine conducted on the eve of the presidential elections in 2019. An attempt was made to identify new socio-psychological phenomena based on the analysis and synthesis of the results of wartime sociological research, which will make it possible to differentiate electoral groups in the future. It is shown that the system of values, assessment of the image of the state, the level of patriotism and social optimism, the structure of information sources, psycho-emotional changes and the demand for the military in power have undergone significant changes in Ukrainian society during the war. These changes should be taken into account during electoral research, which will allow us to see the current picture of electoral groups in Ukraine.
Keywords: The full-scale war has significantly affected the architecture of the electoral field of Ukraine. The article presents the results of an expert study of the typology of electoral groups in Ukraine conducted on the eve of the presidential elections in 2019. An attempt was made to identify new socio-psychological phenomena based on the analysis and synthesis of the results of wartime sociological research, which will make it possible to differentiate electoral groups in the future. It is shown that the system of values, assessment of the image of the state, the level of patriotism and social optimism, the structure of information sources, psycho-emotional changes and the demand for the military in power have undergone significant changes in Ukrainian society during the war. These changes should be taken into account during electoral research, which will allow us to see the current picture of electoral groups in Ukraine.

FOREIGN EXPERIENCE OF FORMATION AND MANAGEMENT OF THE STATE STRATEGIC RESERVES

Oleh Chechel, Yurii Lytvyn

Oleh Chechel, Doctor of Science in Public Administration, Associate Professor, Deputy Director of Ukrainian State Scientific Research Institute «Resource» State Reserve Agency of Ukraine (Kyiv, Ukraine)
Yurii Lytvyn, Doctor of Science in Public Administration, Director of Ukrainian State Scientific Research Institute «Resource» State Reserve Agency of Ukraine (Kyiv, Ukraine)

ORCID ID: 0000-0002-5092-9593, ORCID ID: 0009-0002-5078-2963

Anotation. The article is devoted to the problems of forming stocks of strategic materials and tangible assets in some foreign countries. The main trends and directions of the state policy in the field of formation of strategic reserves in the leading countries of the world are studied in comparison with the domestic approach to the creation of the state material reserve. The features of the extended involvement of private sector entities in the process of forming stocks of strategic materials are revealed. The essence of strategic materials and approaches to forming their nomenclature and list are determined. Reasoned advantages of applying the principles of deconcentration and decentralization in the management processes and use of the state reserve, taking into account current threat matrices. The experience of the European Union regarding the creation of appropriate funds, which finance the processes of formation, procurement and expansion of the nomenclature of material stocks, is highlighted separately. A comparative analysis of approaches to the creation of the state reserve according to the American or Anglo-Saxon model, in the EU countries and some countries of the former socialist camp, was carried out.
Keywords: The article is devoted to the problems of forming stocks of strategic materials and tangible assets in some foreign countries. The main trends and directions of the state policy in the field of formation of strategic reserves in the leading countries of the world are studied in comparison with the domestic approach to the creation of the state material reserve. The features of the extended involvement of private sector entities in the process of forming stocks of strategic materials are revealed. The essence of strategic materials and approaches to forming their nomenclature and list are determined. Reasoned advantages of applying the principles of deconcentration and decentralization in the management processes and use of the state reserve, taking into account current threat matrices. The experience of the European Union regarding the creation of appropriate funds, which finance the processes of formation, procurement and expansion of the nomenclature of material stocks, is highlighted separately. A comparative analysis of approaches to the creation of the state reserve according to the American or Anglo-Saxon model, in the EU countries and some countries of the former socialist camp, was carried out.

FORMS OF JUDICIAL PROTECTION OF THE RIGHTS OF PERSONS AGAINST ILLEGAL DECISIONS OF AUTHORITIES

Volodymyr Gorbalinskyi

Candidate of Law Science, Associate Professor at the Department of General Legal Disciplines Dnipropetrovsk State University of Internal Affairs (Dnipro, Ukraine)

ORCID ID: 0000-0002-6203-6151

Anotation. The article is devoted to highlighting the essence and content of forms of judicial protection of the rights of individuals against illegal decisions of subjects of power. The article carries out a scientific analysis of the doctrine of forms of judicial protection, types and methods of judicial protection of the rights of individuals against illegal decisions of subjects of authority. It is substantiated that the form of protection should be understood as a set of legal instruments, measures and means defined in the legislation, which are used by a person in order to restore his subjective rights or interests protected by law. Attention is drawn to the fact that in public-legal relations, the correctly selected method of protection of violated subjective rights will determine the effectiveness of such protection and subsequently affect the possibility of restoring the violated right.
Keywords: The article is devoted to highlighting the essence and content of forms of judicial protection of the rights of individuals against illegal decisions of subjects of power. The article carries out a scientific analysis of the doctrine of forms of judicial protection, types and methods of judicial protection of the rights of individuals against illegal decisions of subjects of authority. It is substantiated that the form of protection should be understood as a set of legal instruments, measures and means defined in the legislation, which are used by a person in order to restore his subjective rights or interests protected by law. Attention is drawn to the fact that in public-legal relations, the correctly selected method of protection of violated subjective rights will determine the effectiveness of such protection and subsequently affect the possibility of restoring the violated right.

TYPICAL INVESTIGATORS SITUATIONS DURING THE INVESTIGATION OF ILLEGAL SMUGGLING OF PERSONS ACROSS THE STATE BORDER OF UKRAINE

Mykhailo Horin

Applicant at the Department of Law Enforcement and Anti-Corruption Activities Interregional Academy Personnel Management (Kyiv, Ukraine)

ORCID ID: 0000-0001-9685-8315

Anotation. The article identifies the factors that most influence the peculiarities of investigative situations and investigations: the source of obtaining primary information and the subject of obtaining primary material. Depending on the variations of the information content, the following typical investigative situations are highlighted: 1) the person of the criminal, in particular, the organizer or (and) leader of the illegal transfer of persons across the state border of Ukraine (or the person who facilitated the illegal transfer), was detained at the scene, there are witnesses and material traces criminal offence; 2) a person (group of persons) was detained when using forged passports to cross the state border at checkpoints across the state border of Ukraine; 3) a person (group of persons) was detained without appropriate documents during an attempt to illegally cross the state border of Ukraine outside the checkpoints; 4) criminal proceedings have been initiated based on the data of investigative units that have at their disposal reliable but incomplete information about a criminal group whose activities are related to the illegal transportation of persons across the state border of Ukraine. For each investigative situation, investigative versions and action algorithms for their verification have been developed.
Keywords: The article identifies the factors that most influence the peculiarities of investigative situations and investigations: the source of obtaining primary information and the subject of obtaining primary material. Depending on the variations of the information content, the following typical investigative situations are highlighted: 1) the person of the criminal, in particular, the organizer or (and) leader of the illegal transfer of persons across the state border of Ukraine (or the person who facilitated the illegal transfer), was detained at the scene, there are witnesses and material traces criminal offence; 2) a person (group of persons) was detained when using forged passports to cross the state border at checkpoints across the state border of Ukraine; 3) a person (group of persons) was detained without appropriate documents during an attempt to illegally cross the state border of Ukraine outside the checkpoints; 4) criminal proceedings have been initiated based on the data of investigative units that have at their disposal reliable but incomplete information about a criminal group whose activities are related to the illegal transportation of persons across the state border of Ukraine. For each investigative situation, investigative versions and action algorithms for their verification have been developed.

INTERACTION OF DIFFERENT SUBDIVISIONS OF LAW ENFORCEMENT BODIES IN THE INVESTIGATION OF FRAUD IN THE FIELD OF THE USE OF BANKING ELECTRONIC PAYMENTS: CURRENT ISSUES

Artem Zhilin

Postgraduate Student of the Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0003-4267-2260

Anotation. The scientific article is devoted to some aspects of fraud investigation in the field of using bank electronic payments. It is noted that interaction is a mandatory component for any social process. During the investigation of criminal offenses, the specified category does not decrease its importance, but, on the contrary, the need for its application only increases. Especially in criminal proceedings for fraud in the field of using bank electronic payments. This is explained by the following factors. Thus, there is always a need to implement covert investigative (search) actions, which immediately indicates the mandatory involvement of specialists from various divisions of law enforcement agencies. In addition, the implementation of individual tactical operations also calls for the cooperation not only of the National Police, but also of other agencies.
Keywords: The scientific article is devoted to some aspects of fraud investigation in the field of using bank electronic payments. It is noted that interaction is a mandatory component for any social process. During the investigation of criminal offenses, the specified category does not decrease its importance, but, on the contrary, the need for its application only increases. Especially in criminal proceedings for fraud in the field of using bank electronic payments. This is explained by the following factors. Thus, there is always a need to implement covert investigative (search) actions, which immediately indicates the mandatory involvement of specialists from various divisions of law enforcement agencies. In addition, the implementation of individual tactical operations also calls for the cooperation not only of the National Police, but also of other agencies.

FEATURES OF THE LEGAL REGULATION OF SOCIAL RELATIONSHIP IN THE IT SPHERE

Daria Zaika

Postgraduate Student at the Department of Labor Law Yaroslav Mudriy National Law University (Khakriv, Ukraine)

ORCID ID: 0000-0002-9556-5148

Anotation. In the conditions of digitization, the IT sphere has become one of the most promising industries in Ukraine and the world, and has a significant number of specialists. The relevance of the topic of the article lies in the fact that the new conditions of life and work make it necessary to adapt the legal regulation of the leading sector of the economy of the Ukrainian state, to update legal institutions. The purpose of this article is to investigate the peculiarities of legal regulation of public relations in the IT sphere, in particular, public-law and private-law. The author of the article used the method of comparison, interdisciplinary synthesis, method of isolating abstraction, method of concretization, generalization, teleological method, comparative legal method. The paper analyzes the legal nature of public relations in the IT sphere, investigates the peculiarities of legal regulation of each of these components, argues the need for the implementation of a simplified regime of regulation of the IT sphere. These results of the study will allow further in-depth consideration of the legal regulation of platform employment.
Keywords: In the conditions of digitization, the IT sphere has become one of the most promising industries in Ukraine and the world, and has a significant number of specialists. The relevance of the topic of the article lies in the fact that the new conditions of life and work make it necessary to adapt the legal regulation of the leading sector of the economy of the Ukrainian state, to update legal institutions. The purpose of this article is to investigate the peculiarities of legal regulation of public relations in the IT sphere, in particular, public-law and private-law. The author of the article used the method of comparison, interdisciplinary synthesis, method of isolating abstraction, method of concretization, generalization, teleological method, comparative legal method. The paper analyzes the legal nature of public relations in the IT sphere, investigates the peculiarities of legal regulation of each of these components, argues the need for the implementation of a simplified regime of regulation of the IT sphere. These results of the study will allow further in-depth consideration of the legal regulation of platform employment.

GENERAL PRINCIPLES OF RESTRICTING THE RIGHT TO LEASE LAND

Nataliia Kysylytsia

Postgraduate Student at the Department of Labor, Environmental, and Agricultural Law of the Educational and Scientific Law Institute Vasyl Stefanyk Precarpathian National University (Ivano-Frankivsk, Ukraine)

ORCID ID: 0009-0007-9228-7123

Anotation. The article examines the general principles of establishing restrictions on the use of leased land. The main method used in the article is comparative legal analysis. In particular, an analysis of legislative acts regulating land lease relationships and conservation of land resources in the Federal Republic of Germany, the Republic of Lithuania, and the Republic of Poland is conducted. The current state of legal regulation of rational land use is analyzed. It is determined that the establishment of restrictions is necessary to ensure rational land use as an integral part of sustainable land management. The article suggests considering rational land use through the prism of restrictions imposed on the land plot. The conclusion is drawn that a way to protect land resources is the lessor’s ability to terminate lease relationships not only in case of violated rights but also to prevent violations.
Keywords: The article examines the general principles of establishing restrictions on the use of leased land. The main method used in the article is comparative legal analysis. In particular, an analysis of legislative acts regulating land lease relationships and conservation of land resources in the Federal Republic of Germany, the Republic of Lithuania, and the Republic of Poland is conducted. The current state of legal regulation of rational land use is analyzed. It is determined that the establishment of restrictions is necessary to ensure rational land use as an integral part of sustainable land management. The article suggests considering rational land use through the prism of restrictions imposed on the land plot. The conclusion is drawn that a way to protect land resources is the lessor’s ability to terminate lease relationships not only in case of violated rights but also to prevent violations.

CRIMINAL PROCEDURAL CAPABILITIES OF THE PROSECUTOR’S OFFICE IN PREVENTING CRIMINAL OFFENSES IN UKRAINE

Volodymyr Kovalchuk

Head of the Department for Maintaining the Unified Register Pre-Trial Investigations and Information and Analytical Work of the Volyn Regional Prosecutor’s Office (Lutsk, Ukraine)

ORCID ID: 0000-0002-6025-1608

Anotation. This scientific article analyzes the content of legislative and other normative legal acts of Ukraine, which regulate the activities of prosecutor’s offices in our country on the prevention of criminal offenses. In the course of their study, it was found that although tasks of this nature are not defined in terms of form in these legal sources, but according to its socio-legal essence and the content of its functions, the prosecutor’s office has the right and obligation to take measures provided for by law, aimed at preventing the commission of socially dangerous acts and other offenses, as well as regarding the elimination, blocking, neutralization, etc. of determinants (causes, conditions and correlates) that cause and condition the formation of illegal behavior of certain persons. In this context, prosecutor’s offices at the doctrinal (scientific) level are classified as subjects of special criminological prevention of criminal offenses, i.e., those state bodies that are specially created in any state to counteract the specified socially dangerous actions and consequences. Along with this, contrary to the constitutional provisions, tasks of a preventive nature for the prosecutor’s office are mainly fixed not at the legislative level, but in the departmental normative legal acts of Ukraine, which to a certain extent does not correlate with the content of the principle of legality, which is a priority for the specified subjects of social prevention. Based on today’s legal status of the prosecutor’s office and its overall focus on ensuring the tasks of criminal procedural legislation, this scientific work proves the need for its meaningful modification in order to increase the level of efficiency and create appropriate legal guarantees regarding the implementation by prosecutors of all levels of the functions of sociocriminological prevention of criminal offenses.
Keywords: This scientific article analyzes the content of legislative and other normative legal acts of Ukraine, which regulate the activities of prosecutor’s offices in our country on the prevention of criminal offenses. In the course of their study, it was found that although tasks of this nature are not defined in terms of form in these legal sources, but according to its socio-legal essence and the content of its functions, the prosecutor’s office has the right and obligation to take measures provided for by law, aimed at preventing the commission of socially dangerous acts and other offenses, as well as regarding the elimination, blocking, neutralization, etc. of determinants (causes, conditions and correlates) that cause and condition the formation of illegal behavior of certain persons. In this context, prosecutor’s offices at the doctrinal (scientific) level are classified as subjects of special criminological prevention of criminal offenses, i.e., those state bodies that are specially created in any state to counteract the specified socially dangerous actions and consequences. Along with this, contrary to the constitutional provisions, tasks of a preventive nature for the prosecutor’s office are mainly fixed not at the legislative level, but in the departmental normative legal acts of Ukraine, which to a certain extent does not correlate with the content of the principle of legality, which is a priority for the specified subjects of social prevention. Based on today’s legal status of the prosecutor’s office and its overall focus on ensuring the tasks of criminal procedural legislation, this scientific work proves the need for its meaningful modification in order to increase the level of efficiency and create appropriate legal guarantees regarding the implementation by prosecutors of all levels of the functions of sociocriminological prevention of criminal offenses.

SUBJECTS OF ADMINISTRATIVE AND LEGAL RELATIONS IN THE SPHERE OF PHYSICAL CULTURE AND SPORTS

Dmytro Konstantinov

Applicant of the Scientific Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0001-5396-5849

Anotation. The article is devoted to the analysis of the content and essence of the central and mandatory component of any administrative-legal relations – their subject structure in the field of physical culture and sports. It was found that, in general, a characteristic feature of a subject is that a characteristic is used to describe it due to a certain activity, that is, the subject carries out an activity or it is carried out in relation to him. Moreover, the categories “subject of administrative law” and “subject of administrative legal relations” are different categories that have a certain commonality, but indicate different facts of legal personality of individuals and legal entities. In the first case, it is about giving them the legislative opportunity to be the bearers of rights and obligations and their implementation in specific types of legal relationships. In turn, the category “subject of administrative legal relations” denotes a real participant in the relationship, who turns it into real actions from a potential opportunity to realize his legal opportunities.
Keywords: The article is devoted to the analysis of the content and essence of the central and mandatory component of any administrative-legal relations – their subject structure in the field of physical culture and sports. It was found that, in general, a characteristic feature of a subject is that a characteristic is used to describe it due to a certain activity, that is, the subject carries out an activity or it is carried out in relation to him. Moreover, the categories “subject of administrative law” and “subject of administrative legal relations” are different categories that have a certain commonality, but indicate different facts of legal personality of individuals and legal entities. In the first case, it is about giving them the legislative opportunity to be the bearers of rights and obligations and their implementation in specific types of legal relationships. In turn, the category “subject of administrative legal relations” denotes a real participant in the relationship, who turns it into real actions from a potential opportunity to realize his legal opportunities.

PROSPECTS FOR THE INTRODUCTION OF THE ENVIRONMENTAL OMBUDSMAN INSTITUTE IN UKRAINE AND DETERMINATION OF ITS ADMINISTRATIVE AND LEGAL STATUS

Ivan Kravchenko, Serhii Zhmakin

Ivan Kravchenko, Doctor of Legal Sciences, Associate Professor, Associate Professor at the Department of Administrative and Information Law Sumy National Agrarian University (Sumy, Ukraine)
Serhii Zhmakin, Postgraduate Student at the Department of Administrative and Information Law Sumy National Agrarian University (Sumy, Ukraine)

ORCID ID: 0000-0003-0235-0760, ORCID ID: 0009-0009-1526-8898

Anotation. The urgency of the problem described in the article is due to the negative anthropogenic impact on the surrounding natural environment, as well as the violation of human environmental rights, as evidenced by the annual number of registered criminal violations of environmental legislation. At the same time, traditional mechanisms for protecting citizens’ environmental rights do not always prove their effectiveness, which necessitates the search for alternative mechanisms for protecting citizens’ environmental rights. The purpose of the article is to substantiate the need to introduce the institution of the environmental ombudsman and determine its administrative and legal status. In order to achieve it, it is proposed to solve the following tasks: to identify traditional mechanisms for the protection of environmental rights, to establish the need to introduce the institute of the environmental ombudsman in Ukraine, to define the concept and content of the administrative-legal status of the environmental ombudsman. Achieving the set goal was made possible by the systematic approach, the dialectical method, the method of critical analysis, as well as the formallogical method. A conclusion was made about the need for the creation and operation of the Institution of Environmental Ombudsman, which meets the requirements of modernity and is based on positive foreign experience. The introduction of the environmental ombudsman institute as a state institution will contribute to democratic transformation.
Keywords: The urgency of the problem described in the article is due to the negative anthropogenic impact on the surrounding natural environment, as well as the violation of human environmental rights, as evidenced by the annual number of registered criminal violations of environmental legislation. At the same time, traditional mechanisms for protecting citizens’ environmental rights do not always prove their effectiveness, which necessitates the search for alternative mechanisms for protecting citizens’ environmental rights. The purpose of the article is to substantiate the need to introduce the institution of the environmental ombudsman and determine its administrative and legal status. In order to achieve it, it is proposed to solve the following tasks: to identify traditional mechanisms for the protection of environmental rights, to establish the need to introduce the institute of the environmental ombudsman in Ukraine, to define the concept and content of the administrative-legal status of the environmental ombudsman. Achieving the set goal was made possible by the systematic approach, the dialectical method, the method of critical analysis, as well as the formallogical method. A conclusion was made about the need for the creation and operation of the Institution of Environmental Ombudsman, which meets the requirements of modernity and is based on positive foreign experience. The introduction of the environmental ombudsman institute as a state institution will contribute to democratic transformation.

CHARACTERISTICS OF A CRIMINAL PERSON WHO COMMITS INTENTIONAL ATTACKS ON HUMAN LIFE

Ruslan Kushnirenko

Senior Teacher of the Department of Special Physical Training Kharkiv National University of Internal Affairs (Kharkiv, Ukraine)

ORCID ID: 0000-0003-3190-5964

Anotation. The article describes the identity of a criminal who commits deliberate encroachments on a person’s life. It has been established that it is characterized by rather extraordinary features. Until 2014, before the beginning of Russia’s invasion of Donbass and Crimea, the characteristics of the criminal were quite general, but the majority of intentional murders were registered mainly in the Donetsk region. After the occupation of parts of Luhansk and Donetsk regions, the situation changed a lot. Despite the decrease in the total number of intentional homicides over the past decades, changes in the structure of intentional homicides, and a decrease in the total number of homicides committed under certain aggravating circumstances, this area currently requires priority attention from law enforcement agencies, the state, the development of effective measures to prevent these dangerous encroachments, the creation of and implementation of effective measures to protect life and health of citizens.
Keywords: The article describes the identity of a criminal who commits deliberate encroachments on a person’s life. It has been established that it is characterized by rather extraordinary features. Until 2014, before the beginning of Russia’s invasion of Donbass and Crimea, the characteristics of the criminal were quite general, but the majority of intentional murders were registered mainly in the Donetsk region. After the occupation of parts of Luhansk and Donetsk regions, the situation changed a lot. Despite the decrease in the total number of intentional homicides over the past decades, changes in the structure of intentional homicides, and a decrease in the total number of homicides committed under certain aggravating circumstances, this area currently requires priority attention from law enforcement agencies, the state, the development of effective measures to prevent these dangerous encroachments, the creation of and implementation of effective measures to protect life and health of citizens.

CRIMINAL PROCEDURAL LAW OF UKRAINE AND EUROPEAN INTEGRATION PROCESSES: THE ISSUES OF METHODOLOGY OF RESEARCH

Alina Murzanovska

Ph.D., Associate Professor, Associate Professor at the Department of Criminal Procedure, Detective and Investigative Activities, National University «Odesa Law Academy» (Odessa, Ukraine)

ORCID ID: 0000-0001-8645-0261

Anotation. The article identifies specific problems of the methodology of research on the conformity of the criminal procedural law of Ukraine and the European Union, outlines the possible and necessary directions of its adaptation, and defines the prospects for the development of criminal procedural science in order to create a theoretical justification for the necessity and expediency of further changes in the Criminal Procedural Law. It is emphasised that the European integration processes of Ukraine requires the implementation of measures of both legislative and institutional and organizational nature. Among the main areas of adaptation, the following are highlighted: simplification of criminal proceedings; ensuring the safety of witnesses and victims and assistance to victims of criminal offenses; legal regulation of the fight against terrorism, cybercrime, corruption; the development of anti-corruption standards of the criminal procedural legislation of Ukraine, as well as the application of the Convention for the Protection of Human Rights and Fundamental Freedoms, and the practice of the ECtHR as sources of law.
Keywords: The article identifies specific problems of the methodology of research on the conformity of the criminal procedural law of Ukraine and the European Union, outlines the possible and necessary directions of its adaptation, and defines the prospects for the development of criminal procedural science in order to create a theoretical justification for the necessity and expediency of further changes in the Criminal Procedural Law. It is emphasised that the European integration processes of Ukraine requires the implementation of measures of both legislative and institutional and organizational nature. Among the main areas of adaptation, the following are highlighted: simplification of criminal proceedings; ensuring the safety of witnesses and victims and assistance to victims of criminal offenses; legal regulation of the fight against terrorism, cybercrime, corruption; the development of anti-corruption standards of the criminal procedural legislation of Ukraine, as well as the application of the Convention for the Protection of Human Rights and Fundamental Freedoms, and the practice of the ECtHR as sources of law.

COLLECTIVE AGREEMENTS AND COLLECTIVE CONTRACTS AS TYPES OF EMPLOYMENT CONTRACTS

Olha Potopakhina, Iryna Shvydchenko

Olha Potopakhina, Candidate of Juridical Sciences, Associate Professor at the Department of Civil Law Disciplines Odessa I.I. Mechnikov National University (Odessa, Ukraine)
Iryna Shvydchenko, Candidate of Juridical Sciences, Associate Professor at the Department of Environmental Law and Control Odessa State Environmental University (Odessa, Ukraine)

ORCID ID: 0009-0002-6321-7488, ORCID ID: 0000-0003-3031-9656

Anotation. The scientific article presents a theoretical and legal study of collective agreements and contracts as types of employment contracts, taking into account changes in the legal regulation of collective bargaining in labor and socioeconomic relations in the legislation of Ukraine on labor. The changes in the legal regulation of the content of the collective agreement as a type of labor contract, which were introduced by the Law of Ukraine “On Collective Contracts and Agreements” dated February 23, 2023, were studied. No. 2937-IX and other legislative acts. The article defines that labor contracts as a category of labor law combine various types of contracts: collective agreement, collective contracts, other types of agreements between parties to social dialogue in collective labor relations, labor contract and other types of contracts (agreements) between an employee and an employer in individual labor relations. A collective contract is a local legal act that regulates labor, social, and economic relations between an employer and employees of an enterprise, institution, organization, and its content is the conditions (provisions) agreed by the parties, designed to regulate labor, social, and economic relations between the employer and employees in this organization. The article emphasizes the special importance of the collective agreement in the collective contractual regulation of labor and socio-economic relations, which opens up new opportunities for the protection of rights and legitimate interests of employees and employers.
Keywords: The scientific article presents a theoretical and legal study of collective agreements and contracts as types of employment contracts, taking into account changes in the legal regulation of collective bargaining in labor and socioeconomic relations in the legislation of Ukraine on labor. The changes in the legal regulation of the content of the collective agreement as a type of labor contract, which were introduced by the Law of Ukraine “On Collective Contracts and Agreements” dated February 23, 2023, were studied. No. 2937-IX and other legislative acts. The article defines that labor contracts as a category of labor law combine various types of contracts: collective agreement, collective contracts, other types of agreements between parties to social dialogue in collective labor relations, labor contract and other types of contracts (agreements) between an employee and an employer in individual labor relations. A collective contract is a local legal act that regulates labor, social, and economic relations between an employer and employees of an enterprise, institution, organization, and its content is the conditions (provisions) agreed by the parties, designed to regulate labor, social, and economic relations between the employer and employees in this organization. The article emphasizes the special importance of the collective agreement in the collective contractual regulation of labor and socio-economic relations, which opens up new opportunities for the protection of rights and legitimate interests of employees and employers.

GERMAN HISTORIOGRAPHY OF THE 19–20TH CENTURIES OF MEDIEVAL CANON LAW

Valerii Sanzharov

Applicant at the Department of Public and Legal Disciplines University of Modern Knowledge (Kyiv, Ukraine)

ORCID ID: 0000-0003-4075-8572

Anotation. The article is devoted to the characteristics of the main concepts and trends in the study of medieval canon law in German historiography and their evolution in the 19th–20th centuries. The author stated that in the 19th century scientific study and publication of canon law sources was started. The opinion is expressed that these publications of sources and the data of source studies were based on generalizing works on the theory and history of canon law, its functions, place and significance in the Church and the social structure of medieval society. Approaches to the study of medieval church law, basic concepts and final generalizations of Friedrich Maasen and Johann Friedrich von Schulte are analyzed. It is proved that the work of the German school of church law researchers of the 19th century. is the basis of modern views of law historians on the development of canon law. It was noted that in the 20th century, there are many provisions of the German school of ecclesiastical law relating to the history of the creation of the Gratian ‘Decretum’, the early period of the history of decretalism, the assessment of the role of the University of Bologna in the formation of ecclesiastical law, the influence of the papal curia on this process, and the degree of control of the Roman throne over the activities of universities and the development of canonical rights, etc., have been revised, but the general pattern of the development of canon law still remains the same.
Keywords: The article is devoted to the characteristics of the main concepts and trends in the study of medieval canon law in German historiography and their evolution in the 19th–20th centuries. The author stated that in the 19th century scientific study and publication of canon law sources was started. The opinion is expressed that these publications of sources and the data of source studies were based on generalizing works on the theory and history of canon law, its functions, place and significance in the Church and the social structure of medieval society. Approaches to the study of medieval church law, basic concepts and final generalizations of Friedrich Maasen and Johann Friedrich von Schulte are analyzed. It is proved that the work of the German school of church law researchers of the 19th century. is the basis of modern views of law historians on the development of canon law. It was noted that in the 20th century, there are many provisions of the German school of ecclesiastical law relating to the history of the creation of the Gratian ‘Decretum’, the early period of the history of decretalism, the assessment of the role of the University of Bologna in the formation of ecclesiastical law, the influence of the papal curia on this process, and the degree of control of the Roman throne over the activities of universities and the development of canonical rights, etc., have been revised, but the general pattern of the development of canon law still remains the same.

PREVENTION OF EMERGENCY SITUATIONS AS AN OBJECT OF ADMINISTRATIVE AND LEGAL REGULATION AND SUBJECT OF ACTIVITY OF THE STATE EMERGENCY SERVICE OF UKRAINE

Oleksandr Chekrygin

Applicant of the Scientific Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0003-4450-240X

Anotation. It has been emphasized that the State Service of Ukraine for Emergency Situations, carrying out activities to prevent the occurrence of emergency situations, acquires the legal status of a subject of a significant number of public relations. Emphasis is placed on the need to exert a regulatory influence on social relations that arise and develop due to the implementation of the State Emergency Service of Ukraine’s activities to prevent the occurrence of emergency situations. It has been emphasized that the definition of the essence of emergency prevention as an object of administrative and legal regulation will allow to establish the peculiarities of social relations within which such activities are carried out and to characterize their main substantive components with an emphasis on the place and role of the State Emergency Service of Ukraine in them situations as the main subject of implementation of the researched function. The meaning and understanding of the terms “administrative and legal regulation”, “object of legal regulation”, “subject of legal regulation”, “subject of activity” has been revealed.
Keywords: It has been emphasized that the State Service of Ukraine for Emergency Situations, carrying out activities to prevent the occurrence of emergency situations, acquires the legal status of a subject of a significant number of public relations. Emphasis is placed on the need to exert a regulatory influence on social relations that arise and develop due to the implementation of the State Emergency Service of Ukraine’s activities to prevent the occurrence of emergency situations. It has been emphasized that the definition of the essence of emergency prevention as an object of administrative and legal regulation will allow to establish the peculiarities of social relations within which such activities are carried out and to characterize their main substantive components with an emphasis on the place and role of the State Emergency Service of Ukraine in them situations as the main subject of implementation of the researched function. The meaning and understanding of the terms “administrative and legal regulation”, “object of legal regulation”, “subject of legal regulation”, “subject of activity” has been revealed.

THE LEGAL NATURE OF COMMUNITY SERVICE AS A TYPE OF ADMINISTRATIVE PENALTY FOR NON-FULFILLMENT OF THE OBLIGATION TO PAY ALIMONY

Viktoriia Chokhrii

Postgraduate Student at the Department of Civil Law and Procedure Educational and Scientific Institute of Law, Psychology and Innovative Education Lviv Polytechnic National University, lawyer (Lviv, Ukraine)

ORCID ID: 0009-0007-7868-5715

Anotation. The article is devoted to the study of the legal nature of engaging a person in community service as a type of administrative penalty for non-fulfillment of the obligation to pay alimony. The author singled out two aspects of the legal nature of administrative responsibility for non-fulfillment of the obligation to pay alimony, namely, that socially useful works are, in their content: a) a form of administrative punishment, i.e. the reaction of the state in the form of authorized bodies to the offense committed; b) a legal instrument of legal regulation of relations, which concerns the issue of payment of alimony. The scientific article clarified the affiliation of socially useful works as a type of administrative penalty for non-fulfillment of the obligation to pay alimony to the institution of administrative responsibility and identified a number of features inherent in this type of responsibility.
Keywords: The article is devoted to the study of the legal nature of engaging a person in community service as a type of administrative penalty for non-fulfillment of the obligation to pay alimony. The author singled out two aspects of the legal nature of administrative responsibility for non-fulfillment of the obligation to pay alimony, namely, that socially useful works are, in their content: a) a form of administrative punishment, i.e. the reaction of the state in the form of authorized bodies to the offense committed; b) a legal instrument of legal regulation of relations, which concerns the issue of payment of alimony. The scientific article clarified the affiliation of socially useful works as a type of administrative penalty for non-fulfillment of the obligation to pay alimony to the institution of administrative responsibility and identified a number of features inherent in this type of responsibility.

ENSURING PUBLIC ORDER AND PUBLIC SAFETY BY THE NATIONAL POLICE OF UKRAINE

Oleg Yaroshak

Postgraduate Student of the Classical Private University (Zaporizhia,Ukraine)

ORCID ID: 0000-0001-9179-1837

Anotation. The article examines that the Constitution of Ukraine, as the main guarantor, enshrines the right of citizens of the state to freedom of thought and speech, to the free expression of their views and beliefs (Article 34), to the right to assemble peacefully, without weapons, and hold meetings, rallies, marches and demonstrations (Article 39) in accordance with the law. That is why the issues of ensuring public security and public order are given an extremely important place by state authorities. It was determined that the division of the National Police is tasked with ensuring proper conditions for the protection of public order and public safety through the use of various administrative forms and methods. Thus, ensuring public safety and in the order of the National Police of Ukraine is a certain complex of administrative and legal relations aimed at protecting the rights and freedoms of people and individuals, ensuring the protection of the rights and freedoms of citizens, their lives and health, respect for honor and the person dignity compliance with norms of social morality, normal conditions of human life, as well as compliance with the interests of society and the state.
Keywords: The article examines that the Constitution of Ukraine, as the main guarantor, enshrines the right of citizens of the state to freedom of thought and speech, to the free expression of their views and beliefs (Article 34), to the right to assemble peacefully, without weapons, and hold meetings, rallies, marches and demonstrations (Article 39) in accordance with the law. That is why the issues of ensuring public security and public order are given an extremely important place by state authorities. It was determined that the division of the National Police is tasked with ensuring proper conditions for the protection of public order and public safety through the use of various administrative forms and methods. Thus, ensuring public safety and in the order of the National Police of Ukraine is a certain complex of administrative and legal relations aimed at protecting the rights and freedoms of people and individuals, ensuring the protection of the rights and freedoms of citizens, their lives and health, respect for honor and the person dignity compliance with norms of social morality, normal conditions of human life, as well as compliance with the interests of society and the state.

STATE POLICY AS THE BASIS OF THE INTERACTION BETWEEN GOVERNMENT AND CIVIL SOCIETY

Heorhii Tsulaiia

External Postgraduate Student
International University of Business and Law (Kherson, Ukraina)

ORCID ID: 0009-0002-6256-6483

Anotation. The article examines issues of theoretical and scientific approaches to defining the content of the concept of «state policy». Concepts that reflect the connection between state policy and civil society are analyzed. It was found out that the criterion of statehood does not mean that state policy solves issues of a power nature, but is somehow related to the problems of society, depends on the conditions of its development and its content, and is fully aimed at solving its problems. It was determined that the formation and realization of state policy takes place under the condition of stable connection between the government and civil society. The constitutional prescriptions regarding the formation of state power in Ukraine were analyzed and the justification of the position that state policy is actually formed by the only source of power – the people, and the main problem that continues to be unresolved in modern Ukrainian society is the defense of the interests of pro-government subjects, instead of the interests of society, which negatively effects on the process of implementation of state policy. It was found that one of the disadvantages of the existing mechanisms of interaction of civil society on state policy is the lack of a control mechanism for the implementation and execution of public decisions.
Keywords: The article examines issues of theoretical and scientific approaches to defining the content of the concept of «state policy». Concepts that reflect the connection between state policy and civil society are analyzed. It was found out that the criterion of statehood does not mean that state policy solves issues of a power nature, but is somehow related to the problems of society, depends on the conditions of its development and its content, and is fully aimed at solving its problems. It was determined that the formation and realization of state policy takes place under the condition of stable connection between the government and civil society. The constitutional prescriptions regarding the formation of state power in Ukraine were analyzed and the justification of the position that state policy is actually formed by the only source of power – the people, and the main problem that continues to be unresolved in modern Ukrainian society is the defense of the interests of pro-government subjects, instead of the interests of society, which negatively effects on the process of implementation of state policy. It was found that one of the disadvantages of the existing mechanisms of interaction of civil society on state policy is the lack of a control mechanism for the implementation and execution of public decisions.

IMPROVEMENT OF DOMESTIC LABOR LEGISLATION BASED ON THE ANALYSIS OF JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE CASES AGAINST UKRAINE

Olena Mazurenko

Graduate Student at the Department of Civil, Labour Law and Right for Public Welfare of the Donetsk State University of Internal Affairs (Kropyvnytskyi, Ukraine)

ORCID ID: 0000-0002-8258-2424

Anotation. A role and value of international institutes open up in the article, in particular the European court on human rights in relation to providing of effective realization of labour rights and legal interests of workers. On the basis of analysis of Decisions of the European court on human rights in matters against Ukraine imperfection of home labour legislation is shown in part of effective protection of rights for workers.It becomes firmly established that an improvement of home labour legislation must be cardinal and needs ideological alteration, in particular in part of the legal adjusting of remuneration of labour. Обстоюється idea, that realization of principle of supremacy of right embraces not only the system of national protection of labour rights but also international institutes, about what testifies the civilization converting into Ukraine on the basis of the universally recognized democratic valus.It is marked that the Ukrainian labour legislation must be it is improved by the acceptance of the Labour code of Ukraine as only кодифікованого act built on modern ideology that answers the queries of society and universally recognized democratic values.
Keywords: A role and value of international institutes open up in the article, in particular the European court on human rights in relation to providing of effective realization of labour rights and legal interests of workers. On the basis of analysis of Decisions of the European court on human rights in matters against Ukraine imperfection of home labour legislation is shown in part of effective protection of rights for workers.It becomes firmly established that an improvement of home labour legislation must be cardinal and needs ideological alteration, in particular in part of the legal adjusting of remuneration of labour. Обстоюється idea, that realization of principle of supremacy of right embraces not only the system of national protection of labour rights but also international institutes, about what testifies the civilization converting into Ukraine on the basis of the universally recognized democratic valus.It is marked that the Ukrainian labour legislation must be it is improved by the acceptance of the Labour code of Ukraine as only кодифікованого act built on modern ideology that answers the queries of society and universally recognized democratic values.

THEORETICAL AND LEGAL CHARACTERISTICS OF THE CONCEPT AND TYPES OF LABOR DISPUTES IN THE CONTEXT OF THE CURRENT LAW OF UKRAINE

Olha Stoliar

Competitor of the Department of Jurisprudence of Volodymyr Dahl East Ukrainian National University (Kyiv, Ukraine)

ORCID ID: 0009-0006-1939-6043

Anotation. In this article, the author considered scientific approaches to the definition of the concept of "labor dispute", which should be understood as legal disagreements that arise between an employee, a collective of employees and an employer, as well as between other subjects of labor relations, regarding the application of labor standards, implementation by conflicting sub objects of their rights and fulfillment of the duties assigned to them. It is proven that all labor disputes (conflicts) should be classified in accordance with the law into individual and collective and each of the corresponding types should be divided into separate subtypes. Individual labor disputes should be classified according to such criteria as: according to the peculiarity of the subject of the dispute; by sub-department; taking into account the object of the dispute; by the entity that declares a violation of its labor rights. In turn, collective labor disputes can be demarcated depending on the level of the dispute, as well as depending on the order of its resolution. It has been proven that the signs of labor disputes that distinguish them from other legal conflicts are: peculiarities of subject structure - labor disputes (conflicts) are disagreements that arise exclusively between participants in labor relations, that is, employees and employers.
Keywords: In this article, the author considered scientific approaches to the definition of the concept of "labor dispute", which should be understood as legal disagreements that arise between an employee, a collective of employees and an employer, as well as between other subjects of labor relations, regarding the application of labor standards, implementation by conflicting sub objects of their rights and fulfillment of the duties assigned to them. It is proven that all labor disputes (conflicts) should be classified in accordance with the law into individual and collective and each of the corresponding types should be divided into separate subtypes. Individual labor disputes should be classified according to such criteria as: according to the peculiarity of the subject of the dispute; by sub-department; taking into account the object of the dispute; by the entity that declares a violation of its labor rights. In turn, collective labor disputes can be demarcated depending on the level of the dispute, as well as depending on the order of its resolution. It has been proven that the signs of labor disputes that distinguish them from other legal conflicts are: peculiarities of subject structure - labor disputes (conflicts) are disagreements that arise exclusively between participants in labor relations, that is, employees and employers.

CONCEPTUAL ASPECTS OF THE INSTITUTE OF PROFESSIONAL LEGAL ASSISTANCE IN THE PROCESS OF RESOLUTION ADMINISTRATIVE CASES

Mykhailo Ivantsiv

External Postgraduate Student International University of Business and Law (Kherson, Ukraine)

ORCID ID: 0009-0006-5493-0192

Anotation. The article analyzes the concept and specifics of professional legal assistance in the process of solving administrative cases in Ukraine, which were derived by researching the general principles of providing professional legal assistance. The main features that characterize professional legal assistance in the process of solving administrative cases, as well as the purpose of introducing the specified institute as a tool for ensuring and implementing the principle of the rule of law, are defined. It is emphasized that the special features of professional legal assistance should include the following: 1) it is a type of professional activity carried out by a lawyer; 2) provides legal content in actions (services), in particular the provision of legal information and consultations, the drafting of legal documents, the representation of another person in court, the provision of protection of a person against criminal charges, etc., which may have the meaning of a legal fact that creates, changes or terminates a specific legal relationship; 3) may be provided on a paid or free basis; 4) has a risky nature, if it is provided on a paid basis (on a contractual basis), since the provision of professional legal assistance does not guarantee obtaining a positive result in the case in favor of the client; 5) complies with the principles of the rule of law, legality, independence, preventive measures, inadmissibility of conflict of interests, confidentiality, quality, etc. The author emphasized the fact that the principles of providing professional legal assistance in disputes in the field of public-legal relations correlate with the specifics of social relations, which make up the content of the latter and are manifested in the fact that, firstly, the idea of guaranteeing, affirming, ensuring is of great importance and protection of constitutional rights and freedoms of man and citizen; secondly, during the application of any legal instruments of guarantee, approval, provision and protection of the constitutional rights and freedoms of a person and a citizen, increased attention is paid to the observance of the idea of the supremacy of law and legality.
Keywords: The article analyzes the concept and specifics of professional legal assistance in the process of solving administrative cases in Ukraine, which were derived by researching the general principles of providing professional legal assistance. The main features that characterize professional legal assistance in the process of solving administrative cases, as well as the purpose of introducing the specified institute as a tool for ensuring and implementing the principle of the rule of law, are defined. It is emphasized that the special features of professional legal assistance should include the following: 1) it is a type of professional activity carried out by a lawyer; 2) provides legal content in actions (services), in particular the provision of legal information and consultations, the drafting of legal documents, the representation of another person in court, the provision of protection of a person against criminal charges, etc., which may have the meaning of a legal fact that creates, changes or terminates a specific legal relationship; 3) may be provided on a paid or free basis; 4) has a risky nature, if it is provided on a paid basis (on a contractual basis), since the provision of professional legal assistance does not guarantee obtaining a positive result in the case in favor of the client; 5) complies with the principles of the rule of law, legality, independence, preventive measures, inadmissibility of conflict of interests, confidentiality, quality, etc. The author emphasized the fact that the principles of providing professional legal assistance in disputes in the field of public-legal relations correlate with the specifics of social relations, which make up the content of the latter and are manifested in the fact that, firstly, the idea of guaranteeing, affirming, ensuring is of great importance and protection of constitutional rights and freedoms of man and citizen; secondly, during the application of any legal instruments of guarantee, approval, provision and protection of the constitutional rights and freedoms of a person and a citizen, increased attention is paid to the observance of the idea of the supremacy of law and legality.

PROSPECTS FOR THE DEVELOPMENT OF ARTIFICIAL INTELLIGENCE AS A TOOL FOR COUNTERING DISINFORMATION IN THE LEGAL FIELD OF UKRAINE. POLITICAL ASPECT

Valentyna Riznyk

Postgraduate student of the Department of Intellectual Property and Information Law Taras Shevchenko Kyiv National University (Kyiv, Ukraine)

ORCID ID: 0009-0004-0986-7118

Anotation. The scientific article summarizes the development of theoretical knowledge regarding the potential, trends and possible directions of using artificial intelligence technologies as a tool to counter disinformation in information relations based on legislative consolidation and a means of increasing the effectiveness of the implementation of the election process in Ukraine. The methodological basis of scientific research is a set of principles of scientific knowledge (scientific, comprehensive, pluralism), general methods of thinking (analysis, synthesis, abstraction, generalization), philosophical (dialectical, metaphysical, hermeneutic, epistemological), general scientific (functional, structural) and specifically scientific (formal-legal, comparative-legal) methods, the application of which ensured the validity and reliability of the results of research on the content and significance of artificial intelligence as the latest technology toolkit for countering disinformation and implementing information security in modern conditions. The scientific novelty of the publication is that, for the first time, the potential of the development of artificial intelligence technologies has been analyzed as an important tool for the functioning of information security in the state, countering the spread of fake news and false information in society, including through the expansion of legislative activity, the improvement of legal regulations and the expansion of legislative techniques through digital and legal transformation; improved the description of the current state, trends and main directions of the functioning of artificial intelligence in the political and legal sphere and the prospects of its introduction into the election process in order to ensure equal access to objective and reliable information of all subjects of the election process; scientific ideas about the doctrinal and normative approaches regarding the importance of artificial intelligence in the proper implementation of information security in the political and legal sphere, as well as debatable issues and probable threats related to the legal regulation of the creation, implementation and use of artificial intelligence technologies in information systems.
Keywords: The scientific article summarizes the development of theoretical knowledge regarding the potential, trends and possible directions of using artificial intelligence technologies as a tool to counter disinformation in information relations based on legislative consolidation and a means of increasing the effectiveness of the implementation of the election process in Ukraine. The methodological basis of scientific research is a set of principles of scientific knowledge (scientific, comprehensive, pluralism), general methods of thinking (analysis, synthesis, abstraction, generalization), philosophical (dialectical, metaphysical, hermeneutic, epistemological), general scientific (functional, structural) and specifically scientific (formal-legal, comparative-legal) methods, the application of which ensured the validity and reliability of the results of research on the content and significance of artificial intelligence as the latest technology toolkit for countering disinformation and implementing information security in modern conditions. The scientific novelty of the publication is that, for the first time, the potential of the development of artificial intelligence technologies has been analyzed as an important tool for the functioning of information security in the state, countering the spread of fake news and false information in society, including through the expansion of legislative activity, the improvement of legal regulations and the expansion of legislative techniques through digital and legal transformation; improved the description of the current state, trends and main directions of the functioning of artificial intelligence in the political and legal sphere and the prospects of its introduction into the election process in order to ensure equal access to objective and reliable information of all subjects of the election process; scientific ideas about the doctrinal and normative approaches regarding the importance of artificial intelligence in the proper implementation of information security in the political and legal sphere, as well as debatable issues and probable threats related to the legal regulation of the creation, implementation and use of artificial intelligence technologies in information systems.

SUBJECTIVE SIDE OF TAX OFFENSE: PROBLEMS OF DEFINITION

Oleksii Oleshko

Lawyer, Oleshko and Skrypka law firm

ORCID ID: 0009-0007-5222-5737

Anotation. The article examines the problems of characterizing the subjective side of a tax offense. The tax and criminal legislation of Ukraine regarding the problems of determining the subject and the subjective side of the offense is analyzed. The doctrine of tax law is analyzed for the elements of a tax offense. Problematic aspects in defining the category of «guilt» in tax offenses are given. The institute of guilt, which was introduced by the Law of Ukraine dated January 16, 2020 No. 466-IX «On Amendments to the Tax Code of Ukraine regarding the improvement of tax administration, elimination of technical and logical inconsistencies in tax legislation» with further amendments introduced by the Law of Ukraine dated November 30, was investigated 2021 No. 1914-IX «On Amendments to the Tax Code of Ukraine and other legislative acts of Ukraine on ensuring the balance of budget revenues». It was concluded that the introduction of the institution of fault into the tax legislation is fully justified and expedient and corresponds to the domestic principles of law, in particular the principle of individualization of legal responsibility, enshrined in Part 2 of Art. 61 of the Constitution of Ukraine and is a significant improvement of the mechanism of bringing persons - subjects of tax offenses to responsibility for violations of tax legislation.
Keywords: The article examines the problems of characterizing the subjective side of a tax offense. The tax and criminal legislation of Ukraine regarding the problems of determining the subject and the subjective side of the offense is analyzed. The doctrine of tax law is analyzed for the elements of a tax offense. Problematic aspects in defining the category of «guilt» in tax offenses are given. The institute of guilt, which was introduced by the Law of Ukraine dated January 16, 2020 No. 466-IX «On Amendments to the Tax Code of Ukraine regarding the improvement of tax administration, elimination of technical and logical inconsistencies in tax legislation» with further amendments introduced by the Law of Ukraine dated November 30, was investigated 2021 No. 1914-IX «On Amendments to the Tax Code of Ukraine and other legislative acts of Ukraine on ensuring the balance of budget revenues». It was concluded that the introduction of the institution of fault into the tax legislation is fully justified and expedient and corresponds to the domestic principles of law, in particular the principle of individualization of legal responsibility, enshrined in Part 2 of Art. 61 of the Constitution of Ukraine and is a significant improvement of the mechanism of bringing persons - subjects of tax offenses to responsibility for violations of tax legislation.

REGARDING THE RESULTS OF THE SURVEY ON THE USE OF E-TECHNOLOGIES IN THE IMPLEMENTATION OF POPULAR WILL EXPRESSION IN UKRAINE

Anatolii Pavziuk

Graduate student of the Department of Constitutional Law National University «Odesa Law Academy» (Odessa, Ukraine)

ORCID ID: 0009-0008-0924-1333

Anotation. This article is devoted to the analysis of the results of a survey conducted among citizens of Ukraine (2,876 respondents) regarding the use of e-technologies in the implementation of popular will in the country. The article provides recommendations on possible directions for the development of e-technologies in expression of will in Ukraine, including the need to develop secure systems, conduct information campaigns and ensure the availability of technologies for all citizens. Given the results of the survey, the following recommendations are proposed for the further development of e-technologies in voting in Ukraine: ensure the security of e-voting (thoroughly develop and test a system to protect against possible threats and hacker attacks); guarantee the anonymity of voting (prevent the tracking of votes to specific persons); develop a clear and simple voting system, ensuring accessibility for all citizens; conduct an information campaign, disseminating information about the benefits and security of e-voting among citizens; involve public organizations and experts (involve the public and experts in the development and implementation of e-voting); gradually implement, starting with limited election procedures and gradually expanding them; provide support and training, enabling citizens to learn to use e-services, especially among those without experience in the field.
Keywords: This article is devoted to the analysis of the results of a survey conducted among citizens of Ukraine (2,876 respondents) regarding the use of e-technologies in the implementation of popular will in the country. The article provides recommendations on possible directions for the development of e-technologies in expression of will in Ukraine, including the need to develop secure systems, conduct information campaigns and ensure the availability of technologies for all citizens. Given the results of the survey, the following recommendations are proposed for the further development of e-technologies in voting in Ukraine: ensure the security of e-voting (thoroughly develop and test a system to protect against possible threats and hacker attacks); guarantee the anonymity of voting (prevent the tracking of votes to specific persons); develop a clear and simple voting system, ensuring accessibility for all citizens; conduct an information campaign, disseminating information about the benefits and security of e-voting among citizens; involve public organizations and experts (involve the public and experts in the development and implementation of e-voting); gradually implement, starting with limited election procedures and gradually expanding them; provide support and training, enabling citizens to learn to use e-services, especially among those without experience in the field.

THE ESSENCE AND PRINCIPLES OF IMPLEMENTATION OF INTERGOVERNMENTAL FISCAL RELATIONS IN UKRAINE UNDER MARTIAL LAW

Valeriia Reva

Department of Financial Law, Yaroslav Mudryi National Law University (Kharkiv, Ukraine)

ORCID ID: 0009-0005-0338-7049

Anotation. The article reveals the essence of intergovernmental fiscal relations. The author analyzes the legislative and doctrinal approaches to the definition of intergovernmental fiscal relations. It is emphasized that in the conditions of martial law Ukraine is in active European integration processes. It is emphasized that the EU and Ukraine’s approaches to intergovernmental fiscal relations have common and distinctive characteristics. They differ in terms of: the structure of the budget system, sources of funding, the degree of centralization in regulating these relations, forecasting terms, forms and procedures for implementing intergovernmental relations. The author emphasizes the principles of intergovernmental fiscal relations. It is proposed to include in their list not only the principles of the budget system, but also other principles.
Keywords: The article reveals the essence of intergovernmental fiscal relations. The author analyzes the legislative and doctrinal approaches to the definition of intergovernmental fiscal relations. It is emphasized that in the conditions of martial law Ukraine is in active European integration processes. It is emphasized that the EU and Ukraine’s approaches to intergovernmental fiscal relations have common and distinctive characteristics. They differ in terms of: the structure of the budget system, sources of funding, the degree of centralization in regulating these relations, forecasting terms, forms and procedures for implementing intergovernmental relations. The author emphasizes the principles of intergovernmental fiscal relations. It is proposed to include in their list not only the principles of the budget system, but also other principles.

MECHANISM AND FEATURES OF MANAGEMENT OF ECONOMIC SECURITY OF HIGHER EDUCATION INSTITUTIONS

Oleg Tryfonov, Viacheslav Karpiuk

Oleg Tryfonov, Postgraduate student at the International University of Economics and Humanities named after academician Stepan Demianchuk (Rivne, Ukraine)
Viacheslav Karpiuk, Postgraduate student at the International University of Economics and Humanities named after academician Stepan Demianchuk (Rivne, Ukraine)

Anotation. Based on the study of the mechanisms and features of the economic security management of higher education institutions in Ukraine, the economic security of the educational institution was characterized as a component of the process of state education management. The economic security of higher education institutions is considered as a set of actions covering the protection of both the institution itself and the interests of its stakeholders from external and internal threats. An assessment of the level and methods that form the mechanism of economic security of state management of educational institutions has been carried out. The classification of methods of state management of educational institutions by forms of influence is depicted. It is concluded that the multifaceted mechanism of state management of education, which needs improvement, can cover the following levels: legal, organizational, economic.
Keywords: Based on the study of the mechanisms and features of the economic security management of higher education institutions in Ukraine, the economic security of the educational institution was characterized as a component of the process of state education management. The economic security of higher education institutions is considered as a set of actions covering the protection of both the institution itself and the interests of its stakeholders from external and internal threats. An assessment of the level and methods that form the mechanism of economic security of state management of educational institutions has been carried out. The classification of methods of state management of educational institutions by forms of influence is depicted. It is concluded that the multifaceted mechanism of state management of education, which needs improvement, can cover the following levels: legal, organizational, economic.

ADMINISTRATIVE AND LEGAL REGULATION OF VARIOUS TYPES OF BUSINESS SUPPORT FOR INTERNALLY DISPLACED PERSONS IN UKRAINE

Oksana Peresolyak

Postgraduate student of the Department of Administrative, Financial and Information Law of the Law Faculty of the DVNZ «Uzhhorod National University» (Uzhhorod, Ukraine)

ORCID ID: 0009-0003-1259-2488

Anotation. The article is devoted to the problems of administrative and legal regulation of various types of business support for internally displaced persons in Ukraine. The purpose of the article is to characterize the issues of administrative and legal regulation of various types of business support for internally displaced persons in Ukraine. Research methods are general scientific and special legal methods. On the basis of the conducted research, it was established that the Government project “eRobota” provides grants to citizens of Ukraine, including internally displaced persons, for starting a business, developing entrepreneurship, and training. It is aimed at invigorating entrepreneurial activity and stimulating the creation of jobs. The participation of authorized bodies of public authorities of Ukraine in various programs within the framework of the implementation of international technical assistance projects, in particular the USAID Program “Competitive Economy of Ukraine”, has great importance in the administrative and legal regulation of various types of support for operating businesses for internally displaced persons in Ukraine.
Keywords: The article is devoted to the problems of administrative and legal regulation of various types of business support for internally displaced persons in Ukraine. The purpose of the article is to characterize the issues of administrative and legal regulation of various types of business support for internally displaced persons in Ukraine. Research methods are general scientific and special legal methods. On the basis of the conducted research, it was established that the Government project “eRobota” provides grants to citizens of Ukraine, including internally displaced persons, for starting a business, developing entrepreneurship, and training. It is aimed at invigorating entrepreneurial activity and stimulating the creation of jobs. The participation of authorized bodies of public authorities of Ukraine in various programs within the framework of the implementation of international technical assistance projects, in particular the USAID Program “Competitive Economy of Ukraine”, has great importance in the administrative and legal regulation of various types of support for operating businesses for internally displaced persons in Ukraine.

CONCEPTS, FEATURES AND SYSTEM OF FIDUCIARY LEGAL RELATIONS

Angelina Khodyrieva

PhD student of the Department of International and European Law, National University “Odessa Law Academy” (Odessa, Ukraine)

ORCID ID: 0009-0006-8186-619X

Anotation. The article is intended to define the concept and signs of fiduciary legal relations, as well as their systematization. Based on the analysis of doctrinal sources, it was concluded that in the Ukrainian science of civil law, the category of fiduciary legal relations has not been fully developed, and there is still no established, generally recognized definition of the concept of fiduciary (trust) legal relations. This is primarily due to the fact that such legal relations and transactions based on them are not distinguished by positive law for the purposes of legal regulation. In the current Civil Code of Ukraine, simple partnership, representation, and power of attorney manifest themselves as trust relations. However, as general principles, fiduciary legal relations are not clearly prescribed by the legislator anywhere.
Keywords: The article is intended to define the concept and signs of fiduciary legal relations, as well as their systematization. Based on the analysis of doctrinal sources, it was concluded that in the Ukrainian science of civil law, the category of fiduciary legal relations has not been fully developed, and there is still no established, generally recognized definition of the concept of fiduciary (trust) legal relations. This is primarily due to the fact that such legal relations and transactions based on them are not distinguished by positive law for the purposes of legal regulation. In the current Civil Code of Ukraine, simple partnership, representation, and power of attorney manifest themselves as trust relations. However, as general principles, fiduciary legal relations are not clearly prescribed by the legislator anywhere.

REGIONAL LEVEL OF INTERACTION OF PUBLIC ASSOCIATIONS WITH SUBJECTS OF PUBLIC ADMINISTRATION

Daria Gubachova

Postgraduate Student at the Department of Constitutional and Administrative Law Zaporizhzhia National University (Zaporizhzhia, Ukraine)

ORCID ID: 0009-0001-3876-3260

Anotation. The article examines the regional level of interaction of public associations with subjects of public administration. It was established that the regional level of interaction between public associations and public authorities, given the prevalence of local executive bodies in each region, forms the most driving force of the influence of civil society institutions on the state. The system of interaction of public associations with public authorities at the regional level is singled out. The characteristic forms of interaction of public associations with public authorities that contribute to the formation and implementation of state policy and the resolution of local issues (characteristic of all levels of interaction) are analyzed, namely: participation in consultations; participation in the development of normative legal acts; participation in the formation of consultative, advisory bodies under state authorities.
Keywords: The article examines the regional level of interaction of public associations with subjects of public administration. It was established that the regional level of interaction between public associations and public authorities, given the prevalence of local executive bodies in each region, forms the most driving force of the influence of civil society institutions on the state. The system of interaction of public associations with public authorities at the regional level is singled out. The characteristic forms of interaction of public associations with public authorities that contribute to the formation and implementation of state policy and the resolution of local issues (characteristic of all levels of interaction) are analyzed, namely: participation in consultations; participation in the development of normative legal acts; participation in the formation of consultative, advisory bodies under state authorities.

CRIMINAL PROCEDURAL ACTIVITY OF THE PROSECUTOR REGARDING ENSURING INDIVIDUAL RIGHTS DURING THE APPLICATION OF CERTAIN MEASURES PROVISION OF CRIMINAL PROCEEDINGS

Denys Illiashchuk

Applicant of a Private higher educational institution «International University of Business and Law» (Kherson, Ukraine)

ORCID ID: 0009-0000-6890-1225

Anotation. The article emphasizes that most measures to ensure criminal proceedings, primarily preventive ones, limit the rights of a person suspected of committing a criminal offense, but their application is justified by the implementation of the tasks of criminal proceedings. The prosecutor plays a significant role in the application of specific measures to ensure criminal proceedings against individuals in each individual case, since the measure of the chosen measure and the level of security of criminal proceedings depend on such a subject of the prosecution. It was found that the prosecutor in most cases does not prepare a request for the use of detention, and does not carry out a thorough check of such requests by the investigator, which creates the prerequisites for the violation of individual rights. Separated powers of the prosecutor during the application of detention in the part of: independent initiation of election, change or its cancellation by submitting a petition to the investigating judge, court; approval of the investigator’s request; participation in the trial of the petition; execution of the decision of the investigating judge, the court; supervision of the execution of a preventive measure; appeal against the decisions of the investigating judge; cancellation/changes of the preventive measure.
Keywords: The article emphasizes that most measures to ensure criminal proceedings, primarily preventive ones, limit the rights of a person suspected of committing a criminal offense, but their application is justified by the implementation of the tasks of criminal proceedings. The prosecutor plays a significant role in the application of specific measures to ensure criminal proceedings against individuals in each individual case, since the measure of the chosen measure and the level of security of criminal proceedings depend on such a subject of the prosecution. It was found that the prosecutor in most cases does not prepare a request for the use of detention, and does not carry out a thorough check of such requests by the investigator, which creates the prerequisites for the violation of individual rights. Separated powers of the prosecutor during the application of detention in the part of: independent initiation of election, change or its cancellation by submitting a petition to the investigating judge, court; approval of the investigator’s request; participation in the trial of the petition; execution of the decision of the investigating judge, the court; supervision of the execution of a preventive measure; appeal against the decisions of the investigating judge; cancellation/changes of the preventive measure.

FEATURES OF ADMINISTRATIVE AND LEGAL PREVENTION OF OFFENSES AGAINST PUBLIC ORDER AND SAFETY BY THE NATIONAL POLICE OF UKRAINE

Igor Isaienko

Applicant of a Private higher educational institution «International University of Business and Law» (Kherson, Ukraine)

ORCID ID: 0009-0007-2965-8526

Anotation. Public order is understood as a systematic set of actions to ensure law and order in terms of maintaining the functioning of both the range of rights and responsibilities of citizens and legal regulation of public relations on a permanent basis in general; public security is interpreted as the most vital interests of society which are protected from sources of danger of both natural and artificial character. In general, the prevention of offenses affecting public order and public safety should be considered in the complex as prevention of any violations of legal norms. Moreover, the desired result in this activity can be achieved only on the condition that all public institutions and all links of the state mechanism participate in it, that is, crime prevention is considered an important social function. The basis of this prevention is measures to improve social, economic and other conditions, the inclusion of young people in adult life, as well as financial, legal and other support of the state youth policy, measures to rebuild the education system, increase the quality of education and upbringing, as well as comprehensive development of the cultural level population, improvement of political, legal and labor culture of citizens. All these measures are an important basis for the reconstruction of society, its humanization, and therefore the foundation for the prevention of all, without exception, illegal acts. It is investigated that the preventive activities of the National Police, which are directly aimed at identifying and eliminating determinants that contribute to the commission of offenses, are based on the principles of legality, humanism, publicity, differentiated approach, interaction and moderation.
Keywords: Public order is understood as a systematic set of actions to ensure law and order in terms of maintaining the functioning of both the range of rights and responsibilities of citizens and legal regulation of public relations on a permanent basis in general; public security is interpreted as the most vital interests of society which are protected from sources of danger of both natural and artificial character. In general, the prevention of offenses affecting public order and public safety should be considered in the complex as prevention of any violations of legal norms. Moreover, the desired result in this activity can be achieved only on the condition that all public institutions and all links of the state mechanism participate in it, that is, crime prevention is considered an important social function. The basis of this prevention is measures to improve social, economic and other conditions, the inclusion of young people in adult life, as well as financial, legal and other support of the state youth policy, measures to rebuild the education system, increase the quality of education and upbringing, as well as comprehensive development of the cultural level population, improvement of political, legal and labor culture of citizens. All these measures are an important basis for the reconstruction of society, its humanization, and therefore the foundation for the prevention of all, without exception, illegal acts. It is investigated that the preventive activities of the National Police, which are directly aimed at identifying and eliminating determinants that contribute to the commission of offenses, are based on the principles of legality, humanism, publicity, differentiated approach, interaction and moderation.

OBSERVANCE OF THE RIGHT TO LIBERTY AND SECURITY OF PERSON IN THE ACTIVITIES OF THE NATIONAL POLICE OF UKRAINE

Olena Razdolska

PhD student of the Department of Police Law, National Academy of Internal Affairs (Kyiv, Ukraine)

ORCID ID: 0009-0005-2065-7151

Anotation. The article analyzes the features of respect for the right to freedom and personal integrity in the activities of the National Police of Ukraine, substantiates the position on the importance of ensuring compliance with the basic institution of the legal system for law enforcement activities through the prism of those provisions of the legislation of Ukraine that regulate the strict observance by law enforcement agencies of the principles and principles of legal statehood. It should be noted that the violation of the right to freedom and personal integrity clearly borders on the corresponding criminal legal structure of holding accountable for hostage-taking, unlawful deprivation of liberty or kidnapping of a person, which imposes an additional imprint of responsibility on all persons, which is even legal, involved in its temporary limitation. The prospect of further scientific research is to establish the basic and most systematically limited rights and freedoms of man and citizen while ensuring the implementation of the right to peaceful assembly.
Keywords: The article analyzes the features of respect for the right to freedom and personal integrity in the activities of the National Police of Ukraine, substantiates the position on the importance of ensuring compliance with the basic institution of the legal system for law enforcement activities through the prism of those provisions of the legislation of Ukraine that regulate the strict observance by law enforcement agencies of the principles and principles of legal statehood. It should be noted that the violation of the right to freedom and personal integrity clearly borders on the corresponding criminal legal structure of holding accountable for hostage-taking, unlawful deprivation of liberty or kidnapping of a person, which imposes an additional imprint of responsibility on all persons, which is even legal, involved in its temporary limitation. The prospect of further scientific research is to establish the basic and most systematically limited rights and freedoms of man and citizen while ensuring the implementation of the right to peaceful assembly.

LEGAL REGULATION OF RELATIONSHIPS IN THE SPHERE OF VOLUNTARY AND CHARITY ACTIVITIES: CIRCUMSTANCES THAT CONTRIBUTE TO COMMITMENT OF FRAUD

Nataliia Lysenko

Postgraduate Student
of the Scientific and Research Institute of Public Law (Kyiv, Ukraine)

ORCID ID: 0000-0002-1691-1849

Anotation. Abstract. The scientific article is devoted to researching the mechanisms of legal regulation of the field of volunteering and charitable activities. The factors of the development of the volunteer movement and charity, their concepts and types are considered, the state policy of the development of volunteerism and charity in Ukraine is analyzed. The main normative legal acts that determine the legal policy in the field of volunteering and charitable activities were analyzed, in particular: the Law of Ukraine «On Volunteering», the Law of Ukraine «On Charity and Charitable Organizations», which reveals the meaning of the concepts «charity», «patronage», «sponsorship» and establish the basic forms and principles of charitable activity, norms of the Tax Code of Ukraine, etc. It is emphasized that in recent decades there has been a rapid increase in fraudulent activities in these areas, especially during the period of the COVID-19 pandemic, which has covered the whole world in 2020 and caused many negative consequences, including economic crisis, loss of jobs and increase in poverty. However, it also led to a new wave of volunteerism and philanthropy.
Keywords: Abstract. The scientific article is devoted to researching the mechanisms of legal regulation of the field of volunteering and charitable activities. The factors of the development of the volunteer movement and charity, their concepts and types are considered, the state policy of the development of volunteerism and charity in Ukraine is analyzed. The main normative legal acts that determine the legal policy in the field of volunteering and charitable activities were analyzed, in particular: the Law of Ukraine «On Volunteering», the Law of Ukraine «On Charity and Charitable Organizations», which reveals the meaning of the concepts «charity», «patronage», «sponsorship» and establish the basic forms and principles of charitable activity, norms of the Tax Code of Ukraine, etc. It is emphasized that in recent decades there has been a rapid increase in fraudulent activities in these areas, especially during the period of the COVID-19 pandemic, which has covered the whole world in 2020 and caused many negative consequences, including economic crisis, loss of jobs and increase in poverty. However, it also led to a new wave of volunteerism and philanthropy.

ACCESS TO JUSTICE IN VARIOUS FORMS OF LEGAL PROCEEDINGS

Oleksandr Yeshchenko

Judge, Fifth Administrative Court of Appeal

ORCID ID: 0009-0009-1625-173X

Anotation. The article is devoted to the study of access to justice in various legal processes, as well as to the identification of common and special features of this right depending on the type of process. Providing access to justice means creating the conditions necessary to achieve justice and resolve legal conflicts in accordance with established norms, which includes providing legal aid, resolving court cases, and ensuring the execution of court decisions. Among the common aspects of access to justice the following are highlighted: 1) the commonality of the principles of judicial proceedings; 2) in various court processes, the external form of initiating the right to access justice is mandatory - an appeal to a competent judicial body; 3) the commonality of the sequence of stages of the judicial process, such as: opening proceedings, preparatory proceedings and preparatory meetings.
Keywords: The article is devoted to the study of access to justice in various legal processes, as well as to the identification of common and special features of this right depending on the type of process. Providing access to justice means creating the conditions necessary to achieve justice and resolve legal conflicts in accordance with established norms, which includes providing legal aid, resolving court cases, and ensuring the execution of court decisions. Among the common aspects of access to justice the following are highlighted: 1) the commonality of the principles of judicial proceedings; 2) in various court processes, the external form of initiating the right to access justice is mandatory - an appeal to a competent judicial body; 3) the commonality of the sequence of stages of the judicial process, such as: opening proceedings, preparatory proceedings and preparatory meetings.

MAIN DIRECTIONS OF ADMINISTRATIVE AND LEGAL ENSURING OF THE RIGHT OF SAFE ENVIRONMENT FOR LIFE AND HEALTH IN UKRAINE IN THE STATE OF WAR

Denys Zapolskyi

Postgraduate student of the Department of Economic Law of the Law Faculty
Uzhhorod National University (Uzhhorod, Ukraine)

ORCID ID: 0009-0006-3093-501X

Anotation. Abstract. This article is devoted to the problems of main directions of administrative and legal ensuring of the right of safe environment for life and health in Ukraine in the state of war. The main areas of administrative and legal ensuring of the right of safe environment for life and health in Ukraine in the state of war are the main specific areas of practical activity of authorized subjects with the aim of providing proper administrative and legal ensuring of the right of safe environment for life and health in Ukraine in the state of war. The main directions of administrative and legal provision of the right to an environment safe for life and health in Ukraine in the state of war: – demining in de-occupied territories; – overcoming the consequences of shelling and missile attacks of the aggressor; – prevention and fight against forest fires, as a result of shelling and missile attacks; – minimization and overcoming the consequences of ecocide caused by the Russian occupiers, in particular as a result of blowing up the Kakhovskaya HPP dam; – protection of animals from the negative impact of military operations.
Keywords: Abstract. This article is devoted to the problems of main directions of administrative and legal ensuring of the right of safe environment for life and health in Ukraine in the state of war. The main areas of administrative and legal ensuring of the right of safe environment for life and health in Ukraine in the state of war are the main specific areas of practical activity of authorized subjects with the aim of providing proper administrative and legal ensuring of the right of safe environment for life and health in Ukraine in the state of war. The main directions of administrative and legal provision of the right to an environment safe for life and health in Ukraine in the state of war: – demining in de-occupied territories; – overcoming the consequences of shelling and missile attacks of the aggressor; – prevention and fight against forest fires, as a result of shelling and missile attacks; – minimization and overcoming the consequences of ecocide caused by the Russian occupiers, in particular as a result of blowing up the Kakhovskaya HPP dam; – protection of animals from the negative impact of military operations.