Restricting Instruction as a Case of Separate Proceedings in the Civil Procedure of Ukraine

The article is devoted to a study on the new institute of civil justice in Ukraine - a restrictive regulation, which is defined as a form of protection of any person from domestic violence. The research analyzes statistics on appeals to law enforcement agencies with allegations of domestic violence, the number of open criminal proceedings on these facts and reports of suspicion, the number of cases of administrative offenses, the trend of increasing applications, because in 2019 the National Police In Ukraine, 141 814 allegations and reports of offenses and other events related to domestic violence were registered, and in 2020 this figure increased by a third to 208 784. The case law on the procedure for consideration by courts of applications for issuance and extension of a restrictive order, on the amount of evidence submitted in a particular case has been studied separately; requirements for the application for the issuance or extension of a restrictive order, the terms of consideration of such applications, the procedure for their appeal. The paper identifies the legal features and shortcomings of the restrictive order, the period for which such an order is issued, the measures in accordance with which (which) the person of the offender may be assigned certain responsibilities. The aim of the article is to discuss current issues in the field of law enforcement response to cases of domestic violence and the use of restrictive regulations as a measure to combat this phenomenon in civil proceedings. The concept of responsibility for domestic violence and abuse of family members has been studied. The Law of Ukraine “On Preventing and Combating Domestic Violence”, the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence was opened for signature in Istanbul (Turkey) on May 11, 2011 and an explanatory report. Based on the analysis of theoretical views of scientists and current legislation of Ukraine, a description of special measures to prevent domestic violence. The author suggested the possibility of issuing a restraining order at the stage when the offender has not yet been prosecuted (criminal or administrative) for domestic violence, simplified the list and requirements for evidence to be submitted to the court together with the application for continuation of the restrictive prescription. General scientific research methods were used in the work, namely empirical - description, and theoretical - analysis, generalization.

The Correlation between the Manager and the Owner of the Attractions as a Subject of Responsibility in Tort Legal Relations

The article focused on the subject of tort liability for damage caused by the activities of the attractions. Particular attention is paid to the history of the concept of «owner of a source of increased danger» in the context of the owner of the attractions. Fundamental historical monuments of civil law of Ukraine have been studied. Documents such as Russ’ka Pravda; The Six Books of Constantine Armenopoulos in 1345; Lithuanian statutes; Cathedral Act of 1649; «The Rights of the Malorussian People» of 1743; Galician Civil Code of 1797; Napoleon’s Civil Code of 1804; The Collection of Malorussian Rights of 1807; Code of Civil Laws (as amended by the Law of June 4, 1912); Civil Code of the Russian Empire; Civil Code of the Ukrainian SSR of 1963; Fundamentals of the civil legislation of the USSR in 1991; current Civil Code of Ukraine were analyzed. Approaches to the understanding of the owner of the attractions as a person who: operates the source of the damage; owns the source of the damage; is obliged to maintain the source of the damage. The owner of the attractions is considered outside the legal framework of «the owner of the thing». There is a statement that human activity in the form of highly dangerous mobile environment is the basis for the formation of the source of harm – the attractions. It is concluded that the inseparable link between the activities of economic entities and the attractions, allows you to identify the responsible person of such a source through the entity that operates. There is a statement that the concept of «owner of the attractions» does not correspond to the modern realities of civil law, so there is a need to introduce into the conceptual apparatus of a specialized subject of liability for damage caused by the attractions. It is noted that the basis of the subject’s activities in relation to the activities of the attractions is not the ownership of the attractions and not its management, but the organization of its activities, namely the establishment of all processes since the creation of a legal entity or individual entrepreneur; development of plans and projects of attractions; installation of the attractions, its testing; selection and cohesion of personnel (operators); security; establishing a clear workflow of the attractions. The interpretation of the word «organize» is analyzed, and it is suggested that the special subject of responsibility for the damage caused by the attractions to determine «the organizer of the attractions». It is noted that the actual ownership of the attractions is carried out by persons who can be divided into two categories: the owner of the attractions and the organizer of the attractions. At the same time, when the owner uses the attractions in his activities, he also becomes the organizer. The features of the attractions organizer are highlighted and the author’s definition of the term «the attractions organizer » is proposed.

Self-concept as a factor of forming the person`s health attitude: empirical research

The article highlights the results of an empirical research of the Self-concept as a factor of forming the health attitude of the individual. The theoretical foundations of the concept of responsible health attitude as a position of the individual, which determines the reactions and volitional actions of a person to health factors to optimally combine his personal capabilities and the environment to achieve general well-being. The paper also mentions three levels of person`s health attitude, namely: individual level, health attitude at the group level and at the level of society. Thus, the highlighted research is aimed at exploration the individual`s health attitude, which includes the assessment of the subject`s own health, his/her actions aimed at health, and so on. In addition, the theoretical part of the article contains an overview of the phenomenon of Self-concept of personality, which is a set of all person ideas about themselves, its two poles – positive (harmonious) and negative (non-harmonious) Self-concept. It is emphasized that such a sum of all ideas of a person affects his functioning in all spheres of life, which, as a consequence, determine the quality of his/her life, establish habits and patterns of thinking, including about health and lifestyle. The results of the empirical research of the Self-concept of personality as a factor in shaping the health attitude of the individual are presented in this article. The research was conducted on the basis of several higher education institutions in Vinnytsia among student youth. The sample of the research was 226 of higher education applicants. For this purpose, psychodiagnostic techniques were used: «Individual typological questionnaire by L. Sobchik (ITQ)»; «Self-concept clarity» by J. Campbell (SCC); «Test-questionnaire of self-attitude» by V. Stolin, S. Panteleev»; questionnaires «Health Attitude Index» by S. Deriabo, V. Yasvin and «Attitude to health» (author R. Berezovskaya). The results of the formative experiment with the main group of applicants showed that with help of a specially designed program for the development of a positive Self-concept of personality, it is possible promote the formation of a responsible health attitude. While the results of the ascertaining experiment of the 1st and 2nd order with the control group of applicants were without significant changes. In particular, the training program helped to harmonize the personality of applicants, increase their self-esteem and increase the level of clarity of self-concept, which, in turn, affected their attitude to themselves, their health, increased responsibility not only for their psychological well-being, but also for somatic health, which depends on a person`s lifestyle.

Problems of motherhood and childhood during the war: socio-philosophical analysis

Mother and child are unique structures whose connection is socially and biologically determined, as well as necessary for their full existence. The article considers the peculiarities of the situation of motherhood and childhood during the war, from the point of view of philosophical science, on the example of the war in Ukraine in 2022. An analysis of the literature on the location of the studied objects during the First and Second World Wars. The peculiarities of women’s reproductive health during the war have been studied on the example of historical references from the siege of Leningrad. The peculiarities of the psychological state of children who have experienced war have been identified, and the prospects for the development of such children have been described. Categories of children who received «war trauma» have been developed. The family in wartime is a mirror of the dynamic processes in society. Parental or maternal instinct – is essential in ensuring the viability of children. Mature maternal identity is able to ensure the harmonious existence of two personalities – mother and child. The concept of PTSD is studied. The mechanisms of stress on the human body as a balanced biological system are described. Philosophical approaches to the issue of death and war are studied. Death is considered the most mysterious phenomenon of philosophical thought, which is considered taboo in society. In terms of historical retrospect, the attitude to death is changing, which is a natural result of the development of science. War is seen as a controversial component of society, but with mostly negative consequences in both social and economic aspects. Paying attention to the devastating consequences of any war, both material and psycho-emotional, one can find archaic origins. The fear of war is a reflection of the deep fear of death. Peculiarities of philosophical concepts concerning the phenomenon of care are analyzed. Recommendations for the upbringing of a positive personality of a child during the war are given. Conclusions are drawn about the consequences of each war for any community. War, in a broad sense, is an instantaneous start of dynamic processes in society, which is expressed in all areas of human life. The worst damage to war is to children. From an early age, children can store and interpret memories of past events, and thus become aware of the surrounding reality. The mother is a key resource for the child’s sense of security, as well as a guarantee of its comprehensive and harmonious development, even in times of war.