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Author: The Editors
Year of publication: 2020
Source: Show
Pages: 3-4
DOI Address: -
PDF: ksm/27/ksm27toc.pdf

Abstract:

Author: Oksana Zakharova
E-mail: semendajtataana@gmail.com
Institution: National Academy of Management of Culture and Arts
ORCID: https:/orcid.org/0000-0002-2143-7020
Year of publication: 2020
Source: Show
Pages: 10-21
DOI Address: https://doi.org/10.15804/ksm20200301
PDF: ksm/27/ksm2701.pdf

Abstract:

The article deals with the study of the issue of diplomatic counterculture the definition of which the author introduces into scientific use. The breach of protocol takes place either due to its ignorance, which is non-typical for professional politicians, or for a public demonstration of zero tolerance to particular political objectives. In this context, the meeting of the Polish charge d’affaires with a representative of the People’s Commissariat for Foreign Affairs (NKID) in Moscow dated February 1, 1995 is of special interest. The latter demanded from the diplomat to comment behavior of some members of the diplomatic corps, who didn’t stand up when signing the Internationale (anthem in that period) during one of the official events. Another NKID’s complaint against the diplomatic corps concerned the reluctance of diplomats to stand up for greeting the Soviet vozhds (leaders), including J.V. Stalin who didn’t hold any official leadership post in the system of the Soviet state. In the author’s opinion, J.V. Stalin was one among Soviet politicians of the most sophisticated improvisers, professionally manipulating the norms of diplomatic protocol and etiquette. In 1939, J. Ribbentrop had talked about vozhd as a man with extraordinary power. Stalin managed to daze Minister of Foreign Affairs of German and, in August 1942, Prime Minister of the United Kingdom W. Churchill marked Stalin’s hospitality at a dinner in the Kremlin and offered to drink to his health. It has been found that one of the blatant cases of diplomatic counterculture is the conduct of N.S. Khrushchev during the meeting at the United Nations General Assembly in 1960. “Shoe diplomacy” didn’t raise the credibility of the Soviet leader in the minds of the global community. The ignorance of protocol rules may lead to the loss of the reputation of a government leader, and as a consequence, negatively affect the country’s image, its attractiveness, which is a hallmark of the “softpower” of the state.

Tags: ceremonialny deizm diplomatic etiquette protocol state image international relations

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Author: Yanis Yansons
E-mail: yan.yansons@gmail.com
Institution: National Academy for Public Administration
ORCID: https://orcid.org/0000-0002-9161-1493
Year of publication: 2020
Source: Show
Pages: 22-35
DOI Address: https://doi.org/10.15804/ksm20200302
PDF: ksm/27/ksm2702.pdf

Abstract:

The paper presents the results of analysis of the status of organizational and legal mechanism of public administration of electronic consultations (e-consultations) as well as scientific and theoretical substantiation of recommendations to Ukrainian authorities on their improvement. The study of national and international laws in regard to functioning of the mechanism of e-consultations has been conducted to determine positive and negative factors influencing its application. Ways to improve specified mechanism regarding the structure of units of central (regional, local) executive bodies and local governments, legal normative acts concerning e-consultations and participation of public councils in the process of e-consultations have been offered. The main shortcomings of the organizational and legal mechanism of public administration of national e-consultations have been identified, including: low 36 Yanis Yansons quality of e-consultations; unwillingness of the subjects of power to allow the civil society to have a real impact on state affairs, lack of responsibility for ignoring the law in regard to organization and conduct of e-consultations, distrust of the authorities and “digital inequality” etc. Based on the analysis of international experience in implementing the tool of e-consultations, ways to improve the procedure for its implementation in Ukraine, changes to national laws and recommendations to central (regional, local) executive bodies and local governments, public councils and the civil society to improve the organizational and legal mechanism managing tool of econsultations implementation, operation and development.

Tags: civil society public participation e-consultation e-democracy tools e-democracy

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Author: Volodymyr Kistianyk
E-mail: consulting@lawargument.com
Institution: Advocate
ORCID: https://orcid.org/0000-0003-2169-7487
Year of publication: 2020
Source: Show
Pages: 38-49
DOI Address: https://doi.org/10.15804/ksm20200303
PDF: ksm/27/ksm2703.pdf

Abstract:

In the context of reforming the legal system of Ukraine, the issue of judicial argumentation, which is developing in modern law schools, is necessary in current conditions of law enforcement process. In this regard, there is a need to outline the problematic aspects of the use of argumentation in the Ukrainian judicial system. This article is devoted to some features of the argumentation contained in decisions of Ukrainian courts. The article describes typical problems that occur during judicial argumentation, which hinder quality of justice. The author analyzes the logical approach to judicial argumentation, argumentation based on principles, the rhetorical approach and inductive as well as deductive argumentation during proceedings in Ukrainian courts. These are some of the most widely used approaches in judicial argumentation. The article provides some recommendations that can improve argumentation in Ukrainian judicial practice. These problems can be solved by improving the level of legal culture, increasing the education of litigants and by using other methods.

Tags: deduction induction rhetoric logic judiciary reasoning argumentation court

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Author: Valeria Fostikova
E-mail: fostikova_v@ukr.net
Institution: Taras Shevchenko National University of Kyiv
ORCID: https://orcid.org/0000-0002-9542-8768
Year of publication: 2020
Source: Show
Pages: 50-59
DOI Address: https://doi.org/10.15804/ksm20200304
PDF: ksm/27/ksm2704.pdf

Abstract:

The article is devoted to the study of the regulatory framework for evaluating the activities of civil servants in Ukraine. In particular, the Law of Ukraine «On Civil Service» is analyzed, as well as the «Procedure for evaluation of civil servants performance results». The purpose of the article is to systematize the principles, procedures and features of evaluating the activities of civil servants, which should help increase the effectiveness of their professional competencies, as well as the functioning of personnel management services in public institutions. The research methodology is based on systemic and structuralfunctional approaches. One of the tasks of the study is to identify the negative aspects of current legislation. It is proved that the procedure of appealing the negative conclusion of the evaluation of the performance of a civil servant needs to be clarified, as well as the algorithm of his/her dismissal in case of receiving a negative evaluation. The peculiarities of evaluating the performance of civil servants who hold public office positions of category «A», «B» and «С» are analyzed.

Tags: assessment results performance legislation civil service

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Author: Nazar Bobechko
E-mail: nazar.rost@gmail.com
Institution: Ivan Franko National University of Lviv
ORCID: https://orcid.org/0000-0001-9304-3170
Author: Alona Voinarovych
E-mail: alyonavoinarovych@gmail.com
Institution: Ivan Franko National University of Lviv
ORCID: https://orcid.org/0000-0003-3474-377X
Year of publication: 2020
Source: Show
Pages: 62-77
DOI Address: https://doi.org/10.15804/ksm20200305
PDF: ksm/27/ksm2705.pdf

Abstract:

The article is devoted to research the actual procedural grounds for appellate review of court decisions in criminal proceedings of Ukraine. As a result of the study of these criteria for appellate review of court decisions, the authors concluded that the domestic legislator rightly singles out such grounds, as they cover violations related to evidence in criminal proceedings. The legal nature of the incompleteness of the trial and the inconsistency of the court’s conclusions with the actual circumstances of the criminal proceedings are given. Emphasis is placed on the fact that the incompleteness of the trial covers violations related to the shortcomings of criminal procedure in the collection and verification of evidence. Instead, the inconsistency of the court’s conclusions with the actual circumstances of the criminal proceedings concerns judicial errors in the assessment of evidence and improper motivation of court decisions. The manifestations of these factual procedural grounds for appellate review of court decisions are analyzed. The procedural consequences of establishing signs of incompleteness of the trial and inconsistency of the court’s conclusions with the actual circumstances of the criminal proceedings are singled out. Analyzing the relevant norms of the Criminal Procedure Code of Ukraine, the Criminal Procedure Code of other states, as well as the views of researchers, the authors present their vision of the issues included in the subject of research. The necessity of improving the criminal procedure legislation of Ukraine, which regulates the incompleteness of the trial and the inconsistency of the court’s conclusions with the actual circumstances of the criminal proceedings, is substantiated.

Tags: ppsy alteration or cancellation of the court’s decisions inconsistency between the court’s conclusions and the actual circumstances of the criminal proceedings incompleteness of a trial criteria for court’s decision review review of court decisions

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Author: Taras Senyk
E-mail: tarassenyk1993@gmail.com
Institution: Ivan Franko National University of Lviv
ORCID: https://orcid. org/0000-0002-6513-2536
Year of publication: 2020
Source: Show
Pages: 78-95
DOI Address: https://doi.org/10.15804/ksm20200306
PDF: ksm/27/ksm2706.pdf

Abstract:

The article analyzes the concepts of «coercion», «measures of criminal procedural coercion», «measures to ensure criminal proceedings» and their relationship. The measures of procedural coercion, which the court can most often apply to the participants in court proceedings in a criminal case, as well as the procedure for postponing the trial in connection with their (measures of procedural coercion) are studied. Proposals for improving the criminal procedure legislation of Ukraine in this direction have been formulated. Measures of criminalprocedural coercion are procedural means of state-legal coercion defined by the criminal-procedural law, applied by the authorized bodies conducting criminal proceedings, in the order clearly defined by the law concerning persons, for the purpose of achievement of efficiency of criminal proceedings. The concept of “measures to ensure criminal proceedings” in its own right the content and scope do not cover the category of precautionary measures and other mea sures procedural coercion. In our opinion, the concept of «criminal measures procedural coercion “and” measures to ensure criminal proceedings «are not identical: under the current CPC of Ukraine measures procedural coercion is a component of criminal security measures proceedings, and, consequently, to some extent, a narrower concept. They are correlated between themselves as a whole and part. However, before proceeding to the analysis of each of the measures of coercion we have identified, let us pay attention to the important procedural provisions that the judge is obliged to remember when applying this or that measure. The court may impose measures of procedural coercion on the person, which in turn will postpone the trial.

Tags: adjournment of court proceedings adjournment of court proceedings in criminal proceedings participants in court proceedings measures to ensure criminal proceedings measures of criminal procedural coercion coercion

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Author: Valeriy Hnatenko
E-mail: rdckonst@ukr.net
Institution: “Scientific and Practical Medical Rehabilitation and Diagnostic Center of the Ministry of Health of Ukraine”
ORCID: https://orcid.org/0000-0003-2659-9202
Year of publication: 2020
Source: Show
Pages: 96-105
DOI Address: https://doi.org/10.15804/ksm20200307
PDF: ksm/27/ksm2707.pdf

Abstract:

The article is devoted to the study of the place, role and regulatory framework of economic security, identifying it as a key component in the national security system of Ukraine. The theoretical and methodological approaches to defining the categories of “economic security” and “national security” have been examined in this article. Objects and subjects of economic security of the state have been defined; the basic threats to economic security have been allocated. The purposes of the economic security system and the measures that must be provided to achieve it have been formed. It has been noted that the national security today is an important attribute of foreign, domestic and military policy of the state. A special place in the system of acts dealing with the ensuring of economic security the program constituent documents have, namely: strategies, concepts, doctrines that constitute a system of officially accepted views in the state, as they are constituent. Indicators of economic security have been identified, which are the most important indicators of the business situation in the economy and the effectiveness of the economic policy of the state. The national economic interests which are necessary to be considered at decision-making on maintenance of economic safety have been listed. 106 Valeriy Hnatenko Ensuring of the economic security is achieved through the development and implementation of a set of measures aimed to neutralize threats to economic security. The article outlines the main directions of the state policy in the field of economic security of the country. It has been concluded that the problem that had developed in the economy of Ukraine requires the development and implementation of economic security strategies for the short and long term, is actual as never before, and needs further researches.

Tags: national economic interests strategy internal and external threats national economy national security economic security

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Author: Anastasia Riabchynska
E-mail: nastia_mrr@ukr.net
Institution: Kyiv National Economic University named after Vadym Hetman
ORCID: https://orcid.org/0000-0002-7727-8558
Year of publication: 2020
Source: Show
Pages: 107-124
DOI Address: https://doi.org/10.15804/ksm20200308
PDF: ksm/27/ksm2708.pdf

Abstract:

The article is devoted to security constructions such as fiduciary transfer of ownership and retention of ownership by the seller under a contract of sale within the framework of European private law. The author points out that the transfer of ownership for security purposes is a security right, at the same time the retention of the legal title should be qualified as a quasi-security right, because the security property interest in it is not transferred by the debtor to the creditor, but is being retained by a seller. It was found that the security transfer of ownership as a means of ensuring the fulfilment of the obligation has both incentive and compensatory functions unlike the retention of title security instrument which only encourages the buyer to fulfill the obligation paying for the goods by retaining ownership by the seller. It has been shown that in contrast with transfer of ownership as security right which allows the creditor to satisfy his property interest at the expense of security property, retention of ownership by the seller enables the seller to satisfy such interest at the expense of ownership until full payment. This article highlights the German and French civil law governing the enforcement of security arrangements for the transfer of ownership and the retention of ownership by the seller. It is concluded that the distinguishing features of these security institutions related to: default remedies of creditor, the transfer of ownership moment, and claiming property from the bankruptcy estate of the debtor.

Tags: ppsy quasi-security right retention of title retention of ownership fiduciary transfer of ownership for security purposes security right

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Author: Oleksii Herbych
E-mail: oherbych@gmail.com
Institution: Vasyl Stus Donetsk National University
ORCID: https://orcid.org/0000-0002-6802-6149
Year of publication: 2020
Source: Show
Pages: 125-139
DOI Address: https://doi.org/10.15804/ksm20200309
PDF: ksm/27/ksm2709.pdf

Abstract:

The article analyzes current state of economic activity in the field of cinematography in Ukraine and offers several approaches to its classification, in accordance with criteria defined by legislation of Ukraine. In particular, the following criteria of classification are proposed: parties involved into the activity and corporate objects, purpose of activity, availability of special terms (licensing, patenting, quotas), availability of state support. Emphasis is placed on lack of the term “type of cinematographic activity” in the relevant legislation of Ukraine. Both positive and negative aspects of economic activity in the cinematographic industry which currently affect the activities of economic entities are considered. Examples of different types of cinematographic activity in Ukraine are given as perceived through the prism of entrepreneurship and economic relations in general. Recommendations have been developed aimed to improve the state of cinematographic legislation in Ukraine - both at the level of laws and by-laws. Main types of cinematographic activity in Ukraine are substantiated and singled out on the basis of conducted research.

Tags: profit Entrepreneurship licensing film distribution film production film screenings state support economic activity

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