SPIS TREŚCI / CONTENTS / ЗМІСТ

Generation Z as a Forecast of the Coming Planetary Civilization

The article analyzes the features of “Generation Z” as a harbinger of future planetary civilization. Attention is paid to information and digital technologies that affect the world community, rapidly transforming it into a single world, forming a “digital generation” that is effectively adapted to the new socio-cultural reality and feels more “citizens of the world” than their own country. The article analyzes the features of “Generation Z” as a harbinger of future planetary civilization. Attention is paid to information and digital technologies that affect the world community, rapidly transforming it into a single world, forming a “digital generation” that is effectively adapted to the new socio-cultural reality and feels more “citizens of the world” than their own country. The most important condition for their socialization is the construction of social reality, adaptation to new environmental conditions, its symbolization, separation of “their world”, restructuring of environmental conditions according to the thesaurus, built under the influence of macro- and microsocial factors, according to its symbolic universe. The interconnected processes of globalization and informationalization of society are revealed, which directly blur the boundaries of the modern interstate system, creating a contradictory and heterogeneous global society with a cosmopolitan worldview. The cosmopolitan approach is substantiated, which, overcoming state borders, allows to go beyond national practices, promotes their integration into the new world context through the establishment of a “compromise” of cultural, religious, ethnic and other differences. Cosmopolitanism is becoming a worldview and ideological platform and ontological unity of the planetary community. The modern generation needs to find its own way of mastering society. In order to understand the vicissitudes and metamorphoses of the modern world, we need a different perception of reality and the transformation of worldviews, values, the formation of a new identity. It is important not only to act locally, but also to think globally, systematically, taking into account particular and universal interests, immediate and long-term goals. The formation of a single world community, the formation of a global civil society, which in the long run must necessarily be formed as a result of overcoming fragmentation and the formation of a holistic world – „eternal peace” is becoming increasingly apparent.

Video and Photo Recording of Administrative Offenses by Citizens

The mortgage of effectiveness and prospect of development of democratic transformations to our state is the proper legal adjusting and functioning of institute of participation of public in law-enforcement activity. Bringing in of public to implementation of law-enforcement functions it is an important form of realization of constitutional right citizens on participating in the administrative department of society and state. In this article the affected question that mainly touches the improvement of operationability and objectivity of reacting the National police on offence, and also in future on substantial reduction of offences, perfection of defence of public law and order, realization of preventive activity with bringing in of citizens by means of specially worked out to addition for смартфонів that will have the opportunity to fix offence by means of photo or video and specify the place of potential feasance of offence, and also give to him description and explanation and to hand in an electronic application with electronic digital signature, together with her send fixed and collected information to corresponding organ national police Ukraine for reacting. Study of range of problems. Application of technical devices and technical equipments, that have functions of filming, videotape recording, or facilities of фото- and filming, for jigging of offences were the article of attention of such scientists, as P.P. Artemenko, O.V. Jafarova, T.P. Minka, B.V. Zhukov, et al. However seems expedient to notice that at the same time information from the corresponding range of problems is practically absent and investigated not enough, that in turn predetermines actuality for more deepening research of this select subjects. The purpose of the article is to study and characterize the current legislation of Ukraine regarding video and photo recording of offenses. Providing a proposal on the delegation of preventive police measures to citizens, namely the use of technical devices and technical means that have the functions of filming, video recording, or means of photo and film recording, namely: smartphones, outdoor video surveillance cameras, car video recorders, etc., with the aim of attracting citizens to the protection of law and order and crime prevention. The concepts of law enforcement agency, administrative offense (misdemeanor) and prevention are analyzed. The powers of the National Police in the field of preventive activities are considered and characterized, in particular, the use of technical devices and technical means that have the functions of filming, video recording, or means of photo and film filming, video recording. The analysis of Constitution of Ukraine, laws and scientific publications of represented is conducted in magazines and in a network the internet, with illumination of problem questions, that is related to fixing by means of technical devices and technical equipments, that have functions of filming, videotape recording, or facilities of фото- and filming, videotape recording of offences.

Legal Basis of Administrative Agreement in the Field of Entrepreneurial Activity

The article on the basis of systematic analysis using the formal-legal and comparative-legal method of studying legal phenomena, considers the legal basis of the administrative agreement in the field of entrepreneurship as a means of improving the legal regulation of entrepreneurship in the context of European integration. The subject of scientific research is a set of administrative and legal norms that mediate relations in the field of entrepreneurial activity on the basis of an administrative agreement in modern economic and legal conditions. The urgency of the study is due to insufficient conceptual development of the issue of administrative contract from the standpoint of separation into an independent institution of administrative law with proper legalization and lack of a universal concept of administrative contract. The study examines the specifics of the legal basis of administrative and contractual regulation, which includes seven groups of regulations that regulate certain aspects of administrative and contractual relations, determine the subjects of public administration authorized to enter into administrative contracts, their competence. In this context, the legal nature of the administrative contract as an institution of administrative law with elements of complex regulation, forms of administrative law, forms and methods of public administration, a set of administrative procedures and legal fact is substantiated. Based on current legislation (Constitution of Ukraine, Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, laws of Ukraine, acts of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine, departmental normative legal acts) the essence of the administrative agreement as a form of objectification of the will of the counterparties is considered. A condition of legal significance is the expression of will, determined by the degree of freedom of the participants. Expression of will and freedom of consent provides an opportunity to justify the design of administrative agreements, the concept of the functions of the administrative agreement on the role and importance in regulating public relations, as well as areas of administrative contractual regulation on public relations in public administration. The procedural component of administrative-contractual relations is considered. Administrative-contractual procedure is a logically complete set of legal and organizational actions and decisions aimed at achieving the established legally significant result. It is proposed to form a systemic legal basis for administrative-contractual regulation and a universal procedure for concluding an administrative agreement for agreements of normative and organizational content, vertical and horizontal agreements, the construction of which should be defined in the Law of Ukraine On Administrative Procedure.

Theoretical and Practical Problems of Invalidation ofTransaction, Made by aPhysical Person with the Legal Capacity to Act, who Did not Realize the Significance of His/Her Actions and (or) Could not Control Them at the Time of Making aTransaction

The article is devoted to the research of the theoretical and practical problems of a transaction made by a physical person with the legal capacity to act, who did not realize the significance of his/her actions and (or) could not control them at the time of making a transaction. The conclusion about topicality and practical necessity to researching this issue due to the significant prevalence of transactions that do not correspond to the internal will of the person on this basis is made. The existence of certain collisions between the general and special norms that regulate the legal nature of these transactions has been stated. At the same time, the problem of determining the categories of persons who have the right to apply to a court with a claim on the invalidation of the transaction provided for in Article 225 of the Civil Code of Ukraine is raised in the research. Emphasis is placed on the fact that the qualification of such a transaction is an important feature of the presence of such a temporary state of the person, which makes it completely impossible to realize the objective reality and significance of their actions. Also in this scientific research other features of the considered transaction are given. At the same time, it is stated that it is difficult to prove the fact of being a person in a temporary state when he/she doesn’t realize completely the significance of their actions and (or) could not control them. This scientific research also characterizes the subject of proving in cases of invalidation of a transaction made by a physical person with the legal capacity to act, who did not realize the significance of his/her actions and (or) could not control them at the time of making a transaction. The proper list of circumstances which are subjecting to proof in these cases is formulated. The analysis of judicial practice in cases is done separately on of invalidation of transactions made by a physical person with the legal capacity to act, who did not realize the significance of his/her actions and (or) could not control them at the time of making a transaction.

The Problem of Sexual Harassment Against Children in the Digital Environment

Variouns means of communication, the Internet is an integral part of society in general and children in particular. There are no official statistics on the number of children on the Internet, but according to various studies, the most active Internet users are young people, especially adolescents. On the one hand, it is a means of increasing erudition and communication skills, and on the other – a situation of increased risk of confrontation with some threats to the virtual world: from fraud to drug trafficking and sexual violence online. At the same time, against the background of declining general morality in society, the variability of values in the sexual sphere and other negative trends exacerbate the problem of sexual assault on children, which requires urgent measures to prevent and combat them. With the rapid development of modern Internet technologies, humanity has not only faced the latest opportunities, but also faced new risks and threats. In particular, the spread of child pornography, sexting, grooming, etc. has become a problem common to most countries in the world, including Ukraine, which is one of the largest producers of child pornography in the world. The author emphasizes that such illegal content is evidence of violence against children and, at the same time, a sign of sexual deviation among consumers of this product, for whom Internet technology is a tool for accessing, storing, distributing, sharing and creating child pornography. It is emphasized that thanks to digital technologies, the Internet has made it much easier for criminals to establish contact with minors, who often behave carelessly and recklessly in virtual communication, in particular, easily agree to share personal information and even send candid photos to virtual “friends”. Thus, there is a need to raise children’s awareness of online risks by teaching safe behavior in the digital environment. The article emphasizes that Ukraine has a rather limited toolkit of legal means to combat sexual violence online and harmful communication in cyberspace. Therefore, improving the protection of children in the digital environment is a priority today.

Victimology-Psychological Model of Rehabilitation of Minor Victims of Sexual Violence

The article examines the peculiarities of victimological and psychological rehabilitation of adolescents who suffered from sexual violence. Attention is drawn to the fact that statistical data and judicial practice show that the consequences of sexual violence against minors are often irreparable, especially if the child was not provided with timely help. It is indicated that sexual violence, in any case, is the so-called «trigger point» for counting the formation of psychological injuries, which in most cases lead to the emergence of a person, especially a minor, in a retrospective phenomenon, which consists in an episodic return to the event , which caused an injury. In this regard, the rehabilitation of such children should begin with establishing not only psychological and physiological determination, but also criminological and victimological conditions and background phenomena, which in symbiosis contributed to or facilitated the commission of sexual violence. As in the case of working with criminal offenders, as well as with victims, the creation of specific models of actual or potentially deviant behavior with the allocation of correlations with psychological and moral features of a person’s personality becomes especially relevant. Victimological prevention should always include identifying the basic conditions for the creation of deviant instructions that contributed to the adolescent getting into an unfavorable situation and working out possible ways to avoid it in retrospect. Any rehabilitation should begin with a balanced dialogue, which will give the child the opportunity in a favorable environment to work with a specialist on all aspects of a socially dangerous event and build a behavioral algorithm that will allow him to avoid victim relapse in the future. It was concluded that the main rehabilitation measures and means are: 1) creating a sense of security in the minor victim of sexual violence; 2) building a dialogue taking into account the characteristics of the child’s personality and the event of a criminal offense committed against him; 3) working out, if possible, the maximum number of trigger zones associated with a socially dangerous event; 4) adjusting the child to positive reframing; 5) prevention of repeated and secondary victimization; 6) closure of gestalts associated with episodes of sexual violence. Rehabilitation of such children should take place due to the consolidation of efforts of medical workers, teachers, psychologists, criminologists and victimologists.

Legal Responsibility from the Position of Justice and Activity: Modern Realities and Concepts

The article is devoted to the study of the content of conditionality as a legal phenomenon in the evolution and convergence of modern concepts of legal responsibility, clarification of further guidelines for improving the content of legal responsibility through justice and effectiveness as the main attributes of the principles of legal responsibility concepts of legal responsibility in the system of general theoretical jurisprudence. The formation of the rule of law necessitates the study of the problems of determining the institution of legal responsibility, its features and principles, as this legal category demonstrates the level of legal culture of society and the general state of its legal consciousness. The issue of legal responsibility occupies one of the key places in domestic jurisprudence. However, despite a long period of comprehensive study of legal liability, many aspects of its legal nature remain controversial. Thus, justice and effectiveness as core, fundamental, main principles and principles of legal responsibility remain insufficiently equipped in terms of doctrinal support, which in a consolidated and generalized form, along with other pressing issues of the legal system create gaps, conflicts and shortcomings, thereby reducing quality and productivity of law enforcement. It is stated that the conditionality of legal responsibility serves as a leading indicator, a core indicator of the effectiveness of any legal regulation, the effectiveness of mechanisms for the functioning of the state as a manager of legal tools. Legal prescriptions on the issue of responsibility do not exist in isolation: their construction is based on the synergistic coexistence of basic principles of the institute of legal responsibility and critical issues of society, as the latter secretly determines the vectors of responsibility, its content, application, and specialization. coercion of the state. It is summarized that the retrospective of the development of both global and domestic doctrinal baggage demonstrates the diverse content of the understanding of legal responsibility, and this trend is consistently traced in a variety of temporal and territorial conditions.

Ambiguities in Space Law as Path towards Weaponization of Space: the Case of the Outer Space Treaty. Remarks on Regulation of Weaponization of Outer Space by Space Law

Nowadays, space management is widely recognized as an important area of global governance. The management of outer space is very complex, therefore activities of states in outer space realm are regulated by Outer Space Treaty. However, due to a number of ambiguities in the provisions of the Outer Space Treaty regarding the military use of space, loopholes for an increase in militarization and weaponization of space have emerged, thus causing serious problems with space security and affecting the sustainable use of space. Such shortcomings in the regulation of the military use of outer space by the Outer Space Treaty, including the lack of definition of certain terms and the establishment of appropriate procedures, allow the parties to freely interpret the relevant terms, and also conduct experiments in space, which contribute to the militarization and weaponization of space. Naturally this issue poses global security threat, because once the militarization or weaponization of outer space has started, it is almost impossible to reverse this process. In addition, the development of anti-satellite weapons and the dual purpose of satellites orbiting the Earth undoubtedly adds to the political and legal challenge of managing outer space. Therefore, this articles claims, that the legal regulation of outer space requires thorough revision in order to effectively address the issue of legal mechanisms in outer space.

Administrative Legal and Economic and Legal Status ofCustoms Broker (Theoretical and Legal Analysis)

In the article the author analyzes the legal status of the customs broker as a subject of administrative-legal and economic-legal relations. The author establishes that the customs broker enters into administrative and legal relations with the State Customs Service of Ukraine, the State Tax Service of Ukraine, the State Treasury Service of Ukraine and other public authorities. Based on a comprehensive analysis, the imperfection of the concept of “customs broker” was established, which is enshrined in Article 416 of the Customs Code of Ukraine, as this concept does not take into account that currently customs brokerage services are provided by a natural person-entrepreneur. object of both economic and legal and administrative and legal relations. It is established that in most countries a customs broker is always a natural person with whom the subject of foreign economic activity or his representative, who agrees on all essential terms of the contract for the provision of customs brokerage services, such person is liable for any breach of contract. The article proposes the author’s definition of “customs broker”, which is an enterprise or individual entrepreneur registered in the register of customs brokers, received a certificate of customs broker, provides services for declaring goods, commercial vehicles moving across the customs border of Ukraine, who conducts customs brokerage activities in any customs authority of Ukraine and is responsible for its activities before the customs authorities and individuals or legal entities whose interests it represents in the customs authorities. The author proposes to enshrine this concept in the Customs Code of Ukraine. Features of administrative and economic-legal responsibility of the customs broker are established. In particular, it was found that the main sanctions for administrative offenses are provided by the Customs Code of Ukraine, but some sanctions are established by the Code of Ukraine on Administrative Offenses. When bringing to administrative responsibility, there are often problems in determining the subjective side of the offense, as evidenced by examples of case law. Within the framework of economic and legal liability, all types of economic sanctions can be applied to the customs broker: compensation of losses; penalties; operational and economic sanctions.

Social Integration of Persons with Disabilities in Ukraine

The main directions of Ukraine’s social policy towards the disabled are presented in the article. Topical issues of integration of persons with disabilities into society are covered. The meaning of the concept of “social stigmatization” is revealed. The authors analyze and define the tools of social stigma in the legislation of Ukraine on issues of social integration of persons with disabilities. It has been proven that stigma in some cases deprives a person of full status, becomes a source of prejudice, discrimination, social isolation of the stigmatized, causes low self-esteem and feelings of depression, forms a negative social identity, and complicates psychosocial adaptation. Certain steps have already been taken to ensure the protection of persons with disabilities by creating appropriate conditions for them in society and equal opportunities for the realization of vital needs, abilities, and creative potential. The article defines a system of measures aimed at improving the lives of persons with disabilities, restoring their social status, achieving material independence, and comprehensive integration into society. The authors also propose measures to remove obstacles caused by stigmatization in the way of integration of persons with disabilities into society.

Law Enforcement Activities in the Forest and Hunting Economy of Ukraine

The article analyzes the administrative and legal powers of forest protection and hunting service within the system of state management bodies in the field of forest protection and hunting. The relevance of the research topic is due to the processes of general reform of the forestry industry of Ukraine and the need to clarify the law enforcement powers of officials in this industry. The purpose of the study is to highlight the problems of law enforcement in the forestry industry; clarifying the powers of law enforcement entities, directions for reforming forestry law enforcement agencies, and prospects for improving their activities. The object of the study is the legal regulation of security activities aimed at ensuring law and order and legality in the forestry industry. The research is based on the use of general scientific and special methods. With the help of the dialectical method, internal contradictions in the activities of law enforcement agencies in the forestry industry were revealed. The analysis method is used to identify gaps in legislation regulating the powers of supervisory bodies, etc. Formulated conclusions are aimed at practical use. Thus, it is proposed: definition of the concept of «huntsman»; separation of the management function and state control in forestry enterprises; transfer of the control function to the level of territorial bodies of the State Forestry Agency. Thus, at the enterprises of the State Forestry Agency system and other permanent forest users, the functioning of forest protection will remain without the status of a law enforcement body, but with the right to draw up protocols and the limited right to consider cases of administrative offenses in the field of forest protection.

Security Challenges of the Kaliningrad Region

Attention is focused on the issues of national security of the state, taking into account the general development of the country and the realization of its national interests. It is noted that the interpretation of the essence of current threats and challenges optimizes the methodological substantiation of the tasks of guaranteeing the provision of national security. The characteristics of regional security are presented. Attention is focused on the peculiarities of the European region. The emergence of significant exogenous challenges in the 21st century, which represented a serious threat to the security of the member states of the European Union, was noted. The problems of ensuring regional security are outlined. Indicators are presented that have led to a significant increase in the risks of security instability in the European region and provide an opportunity for an uncontrolled arms race. The list of factors that cause the decline of the region is considered. Changes in the political situation of the United States of America and their impact on the situation in the European Union are characterized. The activation of the United Kingdom in matters of ensuring security in Europe in the context of NATO and due to the activation of bilateral relations with European countries was determined. It was noted that the aggressive position of the Russian Federation led to a significant deterioration of the security situation around Ukraine and directly in the region. Attention is focused on issues of national security of Poland in the current political situation. The cooperation of Ukraine, Lithuania and Poland to contain the military threat from Russia was noted. The aggravation of the confrontation between Lithuania and Russia regarding the provision of Kaliningrad was emphasized. It is indicated that NATO representatives are significantly concerned about the strategic Kaliningrad region of Russia. It is noted that Russia is actively engaged in strengthening its military presence. Options for actions of the NATO army in the event of an escalation of the military conflict and expansion of the coverage area were considered. It is indicated that a possible option of escalation around Kaliningrad will cause the situation to worsen. Options for confronting the aggressor country in the short term and in the format of coexistence for a longer term are considered. The influence of Belarus on the situation in the region due to the growth of migration was noted. This leads to the discrediting of Poland and Lithuania for supporting Belarusian dissidents who seek to avoid political repression. It is stipulated that the Baltic and Polish political leaders analyze the crisis through the prism of national security. The position of Poland in the settlement of regional conflicts is considered. It is indicated that the political position of Poland should be aimed at preventing the realization of an unfavorable scenario. It is noted that the priority should be the expansion of ground forces and aviation, which ensure reliable deterrence of the Russian Federation.