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Author: The Editors
Year of publication: 2020
Source: Show
Pages: 3-4
DOI Address: -
PDF: ksm/28/ksm28toc.pdf

Abstract:

Author: Yevheniia Kobrusieva
E-mail: kobrusieva22@gmail.com
Institution: Oles Honchar Dnipro National University
ORCID: https://orcid.org/0000-0002-4225-9657
Year of publication: 2020
Source: Show
Pages: 7-16
DOI Address: https://doi.org/10.15804/ksm20200401
PDF: ksm/28/ksm2801.pdf

Abstract:

The scientific article is devoted to the study of the content of the legal provision of the constitutional right to peaceful assemblies in Ukraine as a means of ensuring the observance of citizens’ rights. Types of liability for violation of the order of organization and holding of meetings and rallies are considered. The study emphasizes the importance of enforcement of court decisions that have entered into force. The changes taking place in Ukrainian society arouse high activity and the desire of people to take a direct part in solving problems that concern their common interests, including the use of the right to peaceful assembly. However, despite the importance of this type of political rights, the constitutional provisions on freedom of assembly, assembly, street demonstrations and demonstrations, which are still not properly specified in the current legislation, are often limited or even violated. Based on the international experience of regulating the right to peaceful assembly, ways to increase the effectiveness of the mechanism of administrative and legal support of the right to peaceful assembly are proposed, which are to create a domestic mechanism to monitor compliance with international standards of human rights and freedoms. human being, if this or that problem is not solved at the national level. It is proved that even a rather small range of current norms enshrined in legislative acts of various levels, which guarantee the right to peaceful assembly, often show some inconsistency in the content of the outlined rights, especially from the standpoint of the right to freedom of peaceful assembly. the subject is called a citizen, and civil law - an individual. The necessity of introduction of international standards of ensuring the right to peaceful assembly, first of all the standards of the European community, which is connected with the European integration aspirations of Ukraine, is proved. After all, the implementation of European standards and their observance by the subjects of public administration is one of the preconditions for Ukraine’s integration into the European legal space. Since the right to freedom of peaceful assembly cannot be exercised in the absence of corresponding responsibilities imposed on the state by its authorized bodies, the analysis of the Constitution and laws of Ukraine allowed to separate such bodies into the category of subjects of power to ensure the right to peaceful assembly. In order to improve the situation in the studied area, it is advisable to review the current legislation, which ensures the implementation of court decisions, to continue reforming public authorities for the effective operation of the judiciary and the protection of citizens’ rights.

Tags: subjects of ensuring the right to peaceful assembly international standards peaceful assemblies civil society

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Author: Andrii Kubko
E-mail: a_kubko@ukr.net
Institution: State and Law of National Academy of Sciences of Ukraine
ORCID: https://orcid.org/0000-0002-2870-8567
Year of publication: 2020
Source: Show
Pages: 17-34
DOI Address: https://doi.org/10.15804/ksm20200402
PDF: ksm/28/ksm2802.pdf

Abstract:

The article addresses the theoretical issues of the protection of the state interests in the Ukrainian law. The protection of the state interests, being an objective necessity from the perspective of the development of the state and the civil society, requires legal measures to be applied by the state. The core aspect in the analysis of the process of the protection of the state interests by such measures is the theoretical understanding of the state interests concept, including their definition and the requisite qualifications. Based on the approaches of the domestic as well as of the international law on human rights the state interests are proposed to be viewed as objective interests, public in nature, comprising the underlying general social needs, acknowledged by the state. The state interest include, further, the appropriate legal means by which such interests are capable of being protected. Such measures should be relevant to the respective state interests as well as to the specific social relationships in which such measures are to be applied.

Tags: the responsibility of state the state the public interest the state interest the interest

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Author: Olena Milienko
E-mail: mariyahorishnya@gmail.com
Institution: Zaporizhia National University
ORCID: https:// orcid.org/0000-0002-3364-1774
Year of publication: 2020
Source: Show
Pages: 35-44
DOI Address: https://doi.org/10.15804/ksm20200403
PDF: ksm/28/ksm2803.pdf

Abstract:

The purpose of the work is to establish the methodological foundations of the study of the essence of the category «administrative act». In the course of the research it was established that the methodological component is a set of research methods by which science achieves its fundamental goal - the acquisition and formation of new knowledge about the studied phenomena and processes. It is emphasized that the arsenal of scientific methods used in administrative law is extremely wide and includes both empirical methods - measure ment, observation, comparison - and purely theoretical. It was found that the administrative act, being the main form of activity of public authorities, is the basic, central concept of the science of administrative law; which is correlated with many other administrative and legal categories (administrative procedure, public-power relations, etc.). Based on the presence of polysemantic research links of the studied category with other administrative and legal institutions, the difficulty of choosing the appropriate methodological basis is emphasized, which requires a comprehensive approach to the choice of scientific tools of various theoretical constructions. Taking into account the established tradition in administrative and legal research, the expediency of using a three-level methodological model of scientific knowledge of the essence of the concept of administrative act, consisting of philosophical, general and special legal levels. It is concluded that the high heuristic potential of dialectical and systemic approaches is characterized by the possibility of considering the system of administrative law, which is an administrative act, on several levels: as a subsystem of society, as a component of modern law, as a separate system. It is emphasized that depending on the objectives of the study, their refinement and specification in the course of analytical work, the optics of the system approach can be changed, relatively speaking, by scaling the individual elements of the system as objects of study.

Tags: administrative act dialectical method polyaspect system method philosophical method of scientific knowledge methodology

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Author: Olga Omelchuk
E-mail: omelchuk_olga@ukr.net
Institution: National Academy for Public Administration under the President of Ukraine
ORCID: https://orcid.org/0000-0002-2703-1291
Year of publication: 2020
Source: Show
Pages: 45-57
DOI Address: https://doi.org/10.15804/ksm20200404
PDF: ksm/28/ksm2804.pdf

Abstract:

Development of local self-government institutions, positive dynamics of local development through the level of public capacity. Demographic capacity is part of the overall capacity of the local community. Demographic capacity is seen here as the ability of a local community to demonstrate a positive level of demonstration - one that allows communities to function smoothly, to have a resource program that provides a quality level of services to live in communities. The article presents an analysis of the current state of demographic processes in Ukraine and European countries. Insufficient demographic capacity in Ukrainian territorial communities is a consequence, first of all, of negative transformational societies, state institutions and local self-government institutions. Restoration of the demographic balance in Ukrainian communities depends on the nation of positive changes in the socio-economic and political spheres. Take care of your health, feel positive, give birth to children more than residents of those communities that have managed to achieve such positive changes and improve living standards. Theoretical and methodological basic research is the scientific works of foreign and domestic scientists on selected issues. Dialectical, systemic and structural methods of analysis and generalization are applied. The main goal of the article is to analyze and systematize the theoretical and methodological approaches to defining the concept of demographic capacity of the community. The task of the article is to study the trends and patterns of the current situation and identify opportunities and mechanisms to ensure demographic capacity.

Tags: local community self-government demographic situation capacity building community capacity demographic capacity

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Author: Anton Borysenko
E-mail: lawyerborisenkoa@gmail.com
Institution: Dnipro University of Technology
ORCID: https://orcid.org/0000-0002-0911-7665
Year of publication: 2020
Source: Show
Pages: 58-70
DOI Address: https://doi.org/10.15804/ksm20200405
PDF: ksm/28/ksm2805.pdf

Abstract:

The purpose of the scientific article is to implement the characteristics of rent payments for the use of subsoil as part of the implementation of state policy in the field of environmental protection. In the course of the study, the author determined that the mechanism of making rent payments refers to the economic and legal mechanism of the ecological function of the state. The necessity of understanding the economic function of the state as a system of means, methods, directions, measures, the implementation of which allows to solve strategic tasks to achieve the principles of rational use of natural resources, to stimulate the introduction of innovative technologies to green production. The mechanism of collection of rent payments is investigated, the bases of increase of rates of rent payments are defined. The types of rent payments are set. It is concluded that it is necessary to revise the regulatory approaches to understanding the base of accrual of rent payments, as well as the components of its further distribution between the revenue parts of the state and local budgets. It is proved that rent payments should perform a social function, ie the function of fair distribution of financial resources among all members of society or members of social groups. Taking into account the proved substantiated conclusion the expediency of revision of approaches to establishment of criteria of redistribution of receipts from payment of rent payments between means of the state national and means of local budgets is defined.

Tags: energy security innovation activity stimulation ecological function of the state tax base sphere of use of natural resources

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Author: Liudmyla Pashkevych
E-mail: lyudmila_pashkevich@ukr.net
Institution: National Academy for Public Administration under the President of Ukraine,
ORCID: https://orcid.org/0000-0002-8340-3969
Year of publication: 2020
Source: Show
Pages: 71-84
DOI Address: https://doi.org/10.15804/ksm20200406
PDF: ksm/28/ksm2806.pdf

Abstract:

The aim of this paper is an analysis of the formation and functioning of the anti-corruption system of Ukraine: National Agency on Corruption Prevention, National Anti-Corruption Bureau of Ukraine, Specialized Anti-Corruption Prosecutor’s Office, National Bureau of Investigation and National Agency of Ukraine for finding, tracing and management of assets derived from corruption and other crimes. The study stresses that despite the strong regulatory framework created to prevent and combat it, corruption remains a systemic problem that exists at all levels of government in Ukraine. The above-mentioned bodies have been created taking into account the European experience in the formation of anti-corruption bodies in the system of government, their activities are aimed at overcoming corruption in the country. The article highlights the feasibility of the existence and functioning of anti-corruption bodies and substantiates the importance of all their powers in the field of preventing and combating corruption. It has been concluded that these bodies need further improvement to combat corruption more effectively.

Tags: standards legislative support corruption offenses anti-corruption policy specialized anti-corruption bodies corruption

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Author: Kateryna Didenko
E-mail: katrukd@meta.ua
Institution: avlo Tychyna Uman State Pedagogical University
ORCID: https://orcid.org/0000-0001-8406-173X
Year of publication: 2020
Source: Show
Pages: 85-100
DOI Address: https://doi.org/10.15804/ksm20200407
PDF: ksm/28/ksm2807.pdf

Abstract:

The article shows the process of formation of Soviet scientists’ social status and the relationship between the scientific intelligentsia and the authorities. It studies the creation and activity of the Petrograd Commission on the Improvement of the Welfare of Scientists (PCIWS) in the 1920s, which has been subordinated and financed by the People’s Commissariat of Education of the RSFSR and has had its information press agency. It is established that the Soviet authorities, liquidating the bourgeoisie, have added to its number all the free professions of intellectual labor, including scientists. Petrograd Commission on the Improvement of the Welfare of Scientists (PetroCIWS) has served as a liaison between the authorities and the scientists, and its activities reflect the process of formation of these relations. The main task of PetroCIWS has been to support scientists, writers, artists, and their families who had financial difficulties. The commission has managed to provide scholars with academic rations and to assist in solving their problems of material standards and living conditions. It is proved that an important achievement of PetroCIWS has become the creation of the House of Scientists, its various forms of work have been analyzed. Owing to the organization and activities of the House of Scientists, Petrograd scientists have been able to implement interdisciplinary contacts and meet their cultural needs. Coverage of Petrograd House of Scientists activities has demonstrated the experience of cultural and civic self-organization of the scientific community.

Tags: the House of Scientists academic ration financial assistance PetroCIWS Petrograd scientific intelligentsia the Soviet authorities

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Author: Paweł Glugla
E-mail: pg64@interia.pl
ORCID: https://orcid.org/0000-0002-5940-9105
Year of publication: 2020
Source: Show
Pages: 101-126
DOI Address: https://doi.org/10.15804/ksm20200408
PDF: ksm/28/ksm2808.pdf

Abstract:

In the spring of 1940, the Soviets massacred thousands of Polish officers who were in Soviet camps, and buried them in mass graves in Katyn. In 1943 Nazi Germany officially informed the world about this massacre. The communists ruthlessly tried to blame the Germans. Polish representatives went to Katyn. They were eyewitnesses to the discovery of the truth about the mass murder. Each of the Polish delegates was then harassed by the security apparatus. The lie promoted by the communist regime for half a century was only revealed in 1989. Families of the murdered officers were also victims for decades. With the breakup of the Soviet Union and the wave of perestroika (restructuring) in 1990, on the next anniversary of the crime the Soviet press agency reported for the first time in history that the Soviet NKVD was responsible for the murder of these Polish officers. The Katyn massacre was, and is, intertwined with politics.

Tags: Security apparatus Katyn 20th Century communist regime archives of the Institute of National Remembrance (IPN)

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