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Author: The Editors
Year of publication: 2020
Source: Show
Pages: 3-5
DOI Address: -
PDF: ksm/26/ksm26toc.pdf

Abstract:

Author: Anton Chub
E-mail: chubanton@i.ua
Institution: Zaporizhia National University in Ukraine,
ORCID: https://orcid.org/0000-0002-3652-0409
Year of publication: 2020
Source: Show
Pages: 9-30
DOI Address: https://doi.org/10.15804/ksm20200201
PDF: ksm/26/ksm2601.pdf

Abstract:

The article considers the organizational and legal framework for ensuring the right of access to public information in Ukraine. The positive tendencies of legal support of realization of this public right of physical persons and shortcomings of the legal practice revealed in this sphere are defined. It was found that the object of influence of the administrative and legal mechanism to ensure the exercise of the right of access to public information is public relations in the field of satisfaction of the right of access to public information, by creating opportunities for free access to statistics, archives, libraries and museums. , other information banks, databases, information resources, information on the powers and activities of the subjects of power. Forms, methods and means of ensuring the right of access to the public are described. It was found that the purpose of the administrative and legal mechanism to ensure the exercise of the right of access to public information is to create conditions under which every individual can freely exercise the right of access to public information. The author’s definition of the key concept of a scientific article is offered.

Tags: mechanism public authority information access provision

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Author: Olena Moskalenko
E-mail: o.moskalenko@hnpu.edu.ua
Institution: H.S. Skovoroda Kharkiv National Pedagogical University
ORCID: https://orcid.org/0000-0002-0807-0519
Author: Denys Novikov
E-mail: d.novikov@hnpu.edu.ua
Institution: H.S. Skovoroda Kharkiv National Pedagogical University
ORCID: https://orcid.org/0000-0003-2727-5357
Year of publication: 2020
Source: Show
Pages: 31-44
DOI Address: https://doi.org/10.15804/ksm20200202
PDF: ksm/26/ksm2602.pdf

Abstract:

The authors study the principle of solidarity in the sense of exercising the right to social dialogue in the context of globalization. The authors are convinced that without civic association there can be no direct influence of citizens on social processes in the state and certain spheres of public life. Solidarity in this sense is the social unity of individuals united by a certain property in the awareness of the need for such a combination to achieve a specific positive goal. In this way, solidarity is different from any other combination that exists for its own sake, and not to achieve a certain result. This understanding is especially important in the labor sphere in the exercise of the right to social dialogue. In today’s globalized world, the problem of the ineffectiveness of social dialogue must be considered not only in the institutional, legal or cultural aspect, but in terms of the possibility of social solidarity. The authors point out that the modern state can’t always meet the challenges of modernity, in particular, with the strong influence of transnational corporations as the main actors in globalization. That’s why the state needs the solidarity of citizens around this problem when solving the tasks of ensuring social justice in the labor sphere. The authors believe that the result of such solidarity should be the active implementation in the practice of social dialogue of international framework agreements between transnational corporations, the state and citizens, represented by specialized trade unions, including international ones.

Tags: labor standards precariat decent work flexibility international framework agreement globalization right to social dialogue Solidarity

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Author: Oleksandr Chuchalin
E-mail: aleksandr02.1989@gmail.com
Institution: Pavlo Tychyna Uman State Pedagogical University
ORCID: https://orcid.org/0000-0003-3876-8237
Author: Anastasiia Bilokon
E-mail: bilokon_95@ukr.net
Institution: Pavlo Tychyna Uman State Pedagogical University,
ORCID: https://orcid.org/0000-0003- 2872-5751
Year of publication: 2020
Source: Show
Pages: 47-66
DOI Address: https://doi.org/10.15804/ksm20200203
PDF: ksm/26/ksm2603.pdf

Abstract:

The article reveals the organization of the state aid to homeless and neglected children in the Ukrainian SSR of the 1920s. It is proved that the main task of the authorities of the USSR and the regulations adopted by them in the social sphere at the beginning of the studied period was the urgent assistance to children who spent most of their time in the street. The resolution “On measures to fight children’s neglect” was aimed primarily at ensuring the legal protection of children who had a family, but were deprived of the parental care. Regulations passed during the famine of 1921-1923 introduced the initiative to place such individuals into the families with the purpose of the individual patronage and teens’ employment. These activities met two main needs of homeless and neglected children - the material support and the adult supervision. The most common form of the assistance to the homeless and neglected was internment. Owing to the consolidation of the legal basis for the collective patronage of enterprises and firms over children’s institutions, the possibilities of state bodies to create new orphanages and maintain existing ones were expanded.

Tags: Ukrainian Soviet Socialist Republic All-Ukrainian Executive Committee the Council of People’s Commissars of the USSR Central Commission of Assistance to Children V.I. Lenin Fund

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Author: Iryna Symonova
E-mail: simohova02@gmail.com
Institution: Yaroslav Mudryi National Law University
ORCID: https://orcid.org/0000-0003-1771-0511
Year of publication: 2020
Source: Show
Pages: 67-82
DOI Address: https://doi.org/10.15804/ksm20200204
PDF: ksm/26/ksm2604.pdf

Abstract:

The paper reveals modern problems of limiting, ensuring, and realizing human rights during crisis events in Ukraine. The unsatisfactory state of the social protection system of Ukraine in the pre-crisis period is revealed (including problems of unstructured legislation, excessive financial burden, etc.). The article analyzes the existing guarantees and standards of human rights during the pandemic (included in the selected international documents and the Constitution of Ukraine). Several negative factors faced by the most vulnerable social groups during the crisis were addressed (for IDPs – problems of displacement, residence, job search; for the older population – problems of social security, treatment of chronic diseases, movement restrictions, and relevant age-based discrimination; for the homeless – absolute insecurity from all manifestations of the COVIDfueled crisis; for the detained and imprisoned – problems of penitentiary medical care, postponement of amnesty and subsequent rehabilitation). The paper assesses the relevant normative documents regulating social relations during the pandemic in terms of their positive and negative impact on the above risk groups (facilitated with the analysis of additional financial aid and payments, legal restrictions, the impact of the increasing financial burden on state and local budgets due to quarantine, the unconstitutionality of certain provisions and the lack of adequate legal response from the Constitutional Court of Ukraine). Conclusions were drawn based on the analysis of the officially established strategy to combat COVID-19, supplemented by a prognosis of the long-term consequences of its implementation (the pros and cons of the selected strategy of simultaneous “hard” and “soft” quarantine measures, the lack of long-term care policy, unpreparedness for vaccination and the restoration of the pre-pandemic way of everyday life).

Tags: limitation of human rights vulnerable population groups pandemic COVID-19 social welfare

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Author: Igor Bychkov
E-mail: baygysheva@ukr.net
Institution: National Academy of Law Sciences of Ukraine
ORCID: https://orcid.org/0000-0002-0523-9366
Year of publication: 2020
Source: Show
Pages: 83-98
DOI Address: https://doi.org/10.15804/ksm20200205
PDF: ksm/26/ksm2605.pdf

Abstract:

The article is devoted to the study of the mechanisms of influence of the institute of constitutional justice on the processes of balancing power in a democratic state and formulating conclusions on the basic principles of reforming the domestic constitutional model of relevant legal relations. The author states that the special status of constitutional justice bodies within the continental model, in particular the status of the Constitutional Court of Ukraine between branches of government, is due to the important mission of constitutional justice bodies to find a fine line between positive, natural law and political influence of different branches of government. The corresponding task allows to make certain analogies with the status of some other subjects of power. The key difference between the Constitutional Court of Ukraine, as a subject of relations between the branches of government, is much greater, and even in fact - the maximum distance from each of these branches. Such a model becomes especially relevant when the legislature, executive and president are representatives of the same political force, when the body of constitutional jurisdiction actually remains the only entity capable of resisting the possible intentions of the respective forces to “control” the judiciary. At the same time, the special status of the bodies of constitutional justice, along with the institutional provision of their maximum distance from any single branch of government, is also guaranteed by the requirements of professionalism of their staffand a certain degree of independence from electoral sentiment.

Tags: constitutional jurisdiction system of checks and balances separation of powers branches of state power Constitutional Court of Ukraine

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Author: Olga Hanchuk
E-mail: ganchukolga9@ gmail.com
Institution: Lviv State University of Internal Affairs
ORCID: https://orcid.org/0000-0002-4985-9647
Year of publication: 2020
Source: Show
Pages: 99-108
DOI Address: https://doi.org/10.15804/ksm20200206
PDF: ksm/26/ksm2606.pdf

Abstract:

The article deals with the social nature of law and order. It is emphasized that a full and comprehensive study of this phenomenon is impossible outside of social relations. It is noted that any legal system inevitably faces a complex problem: it should meet, on the one hand, the requirements of stability, and on the other - the inevitability of changes. Law exists in the flow of social life; it is a tool guiding social development and change society. As a guide to behavior, it is formed on the basis of sociologically established and verified constant and variable factors of social reality. Law is constantly increasing the sphere of social influence; therefore, there are more requirements to legal regulation. However, law performs its function as a regulator of social relations, when it is performed in reality. The life of norms of law is not only and not so much in their presence, existence, as in the functioning, implementation. The purpose, effectiveness and efficiency of law lie in the movement of law from possibility to reality, in the implementation of legal requirements in the actual actions and deeds of people. In this regard, it is important not only to assert the unity of law and society, but also, respectively, the call for constant correction of written law in accordance with changes in the social structure.

Tags: social order legal order factuality and normativeness in law social reality effectiveness of law

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Author: Vadim Vlad
E-mail: vlad-vadim@i.ua
Institution: University of State Fiscal Service of Ukraine
ORCID: https://orcid.org/0000-0002-7180-8096
Year of publication: 2020
Source: Show
Pages: 109-118
DOI Address: https://doi.org/10.15804/ksm20200207
PDF: ksm/26/ksm2607.pdf

Abstract:

The article is devoted to the study of the scene as an investigative action, which is an important mean of obtaining information during the investigation of escape from the place of imprisonment. The success of the investigation in many cases depends on the quality of this investigative action, as the information obtained during the scene inspection might possess evidentiary features. In this case, often the actual data obtained as a result of the survey that cannot be obtained from other sources. The special significance of the inspection of the scene is indicated by the fact that this is the first investigative action after the opening of criminal proceedings (in some cases it is carried out before the starting of criminal proceedings); the closest in time and space collision of the investigator with the event of the crime itself. At the same time, the inspection is the most time-consuming action: it can take many hours. It is the inspection of the scene allows establishing a large amount of evidence relating to all elements of the crime - the object, the objective side, the subject and the subjective side. In addition, conducting a survey of the area or premises requires the use of a number of tactics and forensic techniques.

Tags: inspection of the premises inspection of the area protocol of investigative action prosecutor investigator inadmissible evidence inspection of the scene investigative action correctional facility escape from places of imprisonment place of imprisonment

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Author: Viktoria Kushnir
E-mail: mou-infopress@ ukr.net
Institution: National Defence University of Ukraine named after Ivan Cherniakhovskyi
ORCID: https://orcid.org/0000-0002-0805-4092
Author: Oleksii Chernobai
E-mail: olexsii.chernobai@gmail.com
Institution: National Defence University of Ukraine named after Ivan Cherniakhovskyi
ORCID: https://orcid.org/0000-001-9970-5534
Year of publication: 2020
Source: Show
Pages: 119-134
DOI Address: https://doi.org/10.15804/ksm20200208
PDF: ksm/26/ksm2608.pdf

Abstract:

Hybrid aggression of the Russian Federation, starting from the illegal annexation of Crimean peninsula and consistent occupation of the territory of Donetsk and Luhansk regions in 2014, was accompanied by massive information campaigns against Ukraine from the aggressor state. 135Features of the Organization of Work of Public... Hybrid component of the conflict was observable since the inception. Information-psychological warfare, humiliation of Ukrainian language and culture, falsification of Ukrainian history, establishment of alternative reality of the distorted information picture of the world by the Russian media were identified as one of the most relevant threats to the national security of Ukraine. Current challenges and threats to the national security of Ukraine determine the overall necessity of finding a viable, adequate, as well as integrated tool, which will make possible to establish consistent cooperation in the security and defence sector. Qualitative analysis of the organization of work of units of the Ministry of Defence of Ukraine during the armed aggression of the Russian Federation against Ukraine in order to develop new effective mechanisms of countering the aggression is of upmost importance. Development of this work on the basis of the unique experience will give the chance to establish effective resistance to destructive information campaigns which are conducted by the external aggressor.

Tags: strategic communications information public relations interdepartmental coordination hybrid aggression

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Author: Igor Melnyk
E-mail: 482ua@i.ua
Institution: National Academy for Public Administration under the President of Ukraine
ORCID: https://orcid.org/0000-0001-7257-4415
Year of publication: 2020
Source: Show
Pages: 136-149
DOI Address: https://doi.org/10.15804/ksm20200209
PDF: ksm/26/ksm2609.pdf

Abstract:

The purpose of the article is to explore the basic principles of information policy formation in Ukraine in the context of hybrid information warfare; identification of features and problems of information policy and its impact on the public administration system. The results of the study show that since the beginning of Russia’s armed aggression against Ukraine and the widespread hybrid information war, the state’s information policy has changed its vectors and priorities. Confirmation of this was the adoption of a number of legislative documents, which identified the external enemy of the aggressor and outlined directions for the protection of national interests. It is analyzed that one of the main tasks in the information confrontation of the hybrid war is the formation of appropriate information policy and information security. It was pointed out that in the conditions of a hybrid war, a systematic approach should be devised to adequately respond to the state’s power structures to the challenges related to information confrontation. In order to minimize the spread of manipulative influences in the national information space, the formation of practical mechanisms for implementing the country’s information policy, establishing communication with civil society and raising the overall level of media literacy of society is a necessary question.

Tags: hybrid war information war information policy public administration manipulation information security national interests internet network information space

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