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Issue 2020

Spis treści

  • Author: The Editors
  • Year of publication: 2020
  • Source: Show
  • Pages: 3-4
  • DOI Address: -
  • PDF: ksm/25/ksm25toc.pdf

Regulation of Fashion by Legal Acts in the Russian Empire

  • Author: Zakharova Oksana Yuryevna
  • Institution: Independent Researcher
  • ORCID: https://orcid.org/0000-0002-2143-7020
  • Year of publication: 2020
  • Source: Show
  • Pages: 9-20
  • DOI Address: https://doi.org/10.15804/ksm20200101
  • PDF: ksm/25/ksm2501.pdf

Attempts to regulate by the governance of mode of life and behavior of partials in the history of imperial states were especially evident in the fashion industry. The article explores the evolution of the Russian court costume, as well as the uniform of officials and students during the XVIII-XIX centuries in the context of social political reforms that took place in the state during this period of time.
The content of government decrees published in the full collection of laws of the Russian Empire is analyzed, which contain orders on the color of the fabric, cut and trim of the costume. The purpose of this lawmaking is to “reconcile” the old Russian traditions with the norms of modern European life. A special place in the study is given to the reforming activities of Peter I, who, with his decrees, changed the entire “sign” system of Ancient Russia. Peter I “changed clothes” of the Russian elite into a European costume, but after the October Revolution of 1917, the Soviet elite could not wear the prePeter garb, which, like the entire “sign system” of the Moscow kingdom, was associated with the ideas of Orthodoxy, the inviolability and the eternity of regal power.
In the 20-30s of the twentieth century, the struggle in the USSR against the tailcoat and tall hat was a struggle against bourgeois ethics, and as a result, a struggle against the norms of Western European etiquette.
It is revealed that the problem of “form” in the broadest sense of the word was of particular importance for Russian life. The pressure of a powerful, but not organized force - all this increased the importance of external forms and organization of life, be it a form of government structure or everyday life.

socialite costume aesthetics government decrees ethics power society politics state

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Modern Legal Ways in Regulating the Activities of Peer-To-Peer Networks, in the Context of Ensuring the Protection of Intellectual Rights

  • Author: Viktor Zhohov
  • Institution: Odessa State University of Internal Affairs
  • ORCID: https://orcid.org/0000- 0001-6069-839X
  • Year of publication: 2020
  • Source: Show
  • Pages: 21-36
  • DOI Address: https://doi.org/10.15804/ksm20200102
  • PDF: ksm/25/ksm2502.pdf

The issue of intellectual property protection on the global information network the Internet has recently become a matter of serious concern on the part of rights holders. Copyright, which arose with the invention of book printing in medieval Europe, was originally planned and understood as an institution of exclusive author’s monopoly on the production of material copies of works. In fact, it is in this context that the concept of copyright existed until the XXI century. On the eve of the new millennium, the emergence of an unprecedented phenomenon for its time - the World Wide Web, has significantly shaken traditional views on the concept of copyright and the limits of its regulation.
The effectiveness of the copyright approach to the protection of the legitimate interests of right holders was questioned as early as 1845 by the American judge in the case of Emerson V. Davies. In his opinion, the exclusive rights to the results of creative activity are inadmissible, given that these results themselves are the result of thoughts, ideas, images that were created and repeatedly used by other people.
Indeed, creativity is impossible without attracting or borrowing from the “intellectual treasury” of civilization. With the development of modern information technology, such borrowing has become available to anyone with an Internet connection. With the proliferation of computer programs that allow you to record music, create images, animation, creativity is no longer an elite activity available only to the select few.

provider program computer web resource file tracker torrent work internet

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Evasion from Payment of a Fine: Problem Aspects of the Issues of Criminal Enforcement and Criminal Procedure

  • Author: Osadchuk Kateryna Mykhailivna
  • Institution: Lviv State University of Internal Affair
  • ORCID: https://orcid.org/0000-0002-5112-4666
  • Year of publication: 2020
  • Source: Show
  • Pages: 37-46
  • DOI Address: https://doi.org/10.15804/ksm20200103
  • PDF: ksm/25/ksm2503.pdf

General short summary of the main content of the article. The problem of evasion from a fine payment as a type of punishment under the laws of Ukraine has been studied in the article.
In Section 1 “Fines payment controlling authorities” the criminal laws in the field of punishment enforcement, namely their authorities, have been analyzed. A large number of gaps in the laws and regulatory legal acts have been identified and solutions have been proposed to address them.
In Section 2 “Evasion from payment of a fine”, the legal aspects of a fine payment evasion as a criminal offence have been considered; an analysis of various laws and constitutional rights of a sentenced person have been made; and it has been determined that if a sentenced to a fine person has not voluntarily paid the fine during two years, such a person cannot be criminally prosecuted in compliance with Article 389 of the Criminal Code of Ukraine.
Practical significance of the article. The results of the article can be used in determining the policy of Ukraine on the issue of activities of the probation bodies and the possibility of returning the enforcement service of the Ministry of Justice, or consideration of the issue of granting appropriate powers to the probation bodies;
- rethinking the possibility of returning the enforcement of punishment, which in turn will lead to a higher percentage in payment of fines, and replenishment of the state treasury;
- establishment of uniform practice of application of the criminal law norms.

voluntary payment of a fine punishment enforcement criminal executive inspection probation body punishment

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Problems of Consistency of Regulatory and Legal Acts on Regulation of the Health Care System of Ukraine with the Principles of Bioethics

  • Author: Halyna Tereshkevych (s. Diogena)
  • Institution: Independent Researcher
  • Author: Danylo Halytsky
  • Institution: Lviv National Medical University
  • ORCID: https://orcid.org/0000-0003-4427-7872
  • Year of publication: 2020
  • Source: Show
  • Pages: 47-70
  • DOI Address: https://doi.org/10.15804/ksm20200104
  • PDF: ksm/25/ksm2504.pdf

The demographic situation in Ukraine makes public authorities think about the problem of the value and dignity of human life.
The task of bioethics is to raise ethical and moral requirements to a higher level, including the spiritual level of health care workers, and to harmonize the existing health legislation with its principles.
The proposed article is an attempt to eliminate the gap in the regulatory improvement of the health care system on the values and principles of bioethics.
Many definitions used by Ukrainian law are contingent, imperfect, and contradictory to bioethics.
The purpose of the publication is to provide a scientific and theoretical substantiation of the necessity of normative and legal improvement of the health care system on values and principles of bioethics, which will serve the interests of a person, his/her dignity and unique value.
The absence of consistency in the legislation gives rise to the pluralism of interpretations about the beginning of a person’s life, which is a significant drawback in the legal field since this point concerns the inherent human right to life. The basis of inadmissibility of discrimination in the name of the equal dignity of all human beings may concern all periods of human existence from the moment of fertilization to natural death, covering special stages: initial, suffering and dying.
Public administration bodies need to involve social institutions represented by reputable bioethics experts, scientists, doctors, public activists, with the help of which the regulatory support for health care reform will be safe and beneficial for the whole society.

value and dignity of human life an inherent human right to life principles of bioethics the Constitution of Ukraine the Basics of Ukrainian legislation of health care regulatory support reform of the health care system public administration

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Zarys polsko-niemieckich stosunków politycznych w latach 1990-2019

  • Author: Robert Jakimowicz
  • Institution: Uniwersytet Ekonomiczny w Krakowie
  • Year of publication: 2020
  • Source: Show
  • Pages: 71-116
  • DOI Address: https://doi.org/10.15804/ksm20200105
  • PDF: ksm/25/ksm2505.pdf

The article is focused on the political relations between Poland and Germany in last three decades. In first part of the article it was introduced the evolution of the most important political events before the entry of Poland to the European Union. Underlined a major part of the German partner stayed in achieving the membership of Poland of this organization. In second part of the article it was described a new level relationship between them after the accession of Poland to the EU. Apart from many postivie aspects of the development of mutual relations quoted problems which influence for worsening them remaind. A few principal conclusions were introduced in the end of the article.

Germany political relations trade turnvover mutual problems Europen Union Poland

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Economic Pressure on the Church in Ukraine During the Holodomor (1932-1933)

  • Author: Tеtiana Hruzova
  • Institution: Zaporizhzhia National University
  • ORCID: https://orcid.org/0000-0003-2260-9688
  • Year of publication: 2020
  • Source: Show
  • Pages: 117-135
  • DOI Address: https://doi.org/10.15804/ksm20200106
  • PDF: ksm/25/ksm2506.pdf

The forms of economic pressure of the Soviet state on clergy and religious communities as part of the Bolshevik famine strategy were analysed. Methodologically, the study is based on the principles of historism, objectivity, systematicity, as well as general scientific and historical methods. During the period of aggravation in social relations, provoked by the introduction of collectivization, the church and clergy were stigmatized by the Soviet authorities as class enemies and supporters of kurkuls. In 1932-1933, the economic pressure on the clergy became one of the tools for their liquidation «as a class». The article uncovers the forms of this economic pressure on the clergy and the church. It was found that the tax burden on the clergy was disproportional to their income, economically unreasonable and politically motivated. Representatives of all ranks suffered from the famine in the Ukrainian SSR. Financial situation of clerics of different denominations got significantly worse during 1932-1933.

the Holodomor tax priest clergy religious community

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International Political and Security Potential of Ukraine within the Baltic-Black Sea Region and Ukraine’s Participation in Regional Military-Political Cooperation and Integration Processes

  • Author: Roman Panchuk
  • Institution: Taras Shevchenko National University of Kyiv
  • ORCID: https://orcid.org/0000-0003-0334-7176
  • Year of publication: 2020
  • Source: Show
  • Pages: 136-152
  • DOI Address: https://doi.org/10.15804/ksm20200107
  • PDF: ksm/25/ksm2507.pdf

The article presents the Baltic-Black Sea region in the military-political dimension, as well as explores the potential benefits of this cooperation for European security. The study offers some important insights into the historical preconditions for the formation of the Union according to the Baltic-Black Sea Arc. This paper attempts to show the importance of international political and security potential of Ukraine and its influence on the formation of the Baltic-Black Sea Union. The Baltic-Black Sea Union is seen as an effective counterweight to Russia’s expansion into the West, whereby Ukraine could serve as a guarantor of European stability. The article analyzes opinions of international experts on the implementation of the Baltic-Black Sea Union, as well as compares the military power of potential members of the union with the military forces of advanced countries. This study provides an important opportunity to advance the understanding of the benefits for Union members and European countries and how the United States can help implement the idea of project. The analysis emphasizes the functions of the Baltic-Black Sea Union, potential NATO assistance and how the Union will ensure the stability of its forces in Europe. It is summarized why the countries of the Baltic-Black Sea arc can act as a guarantor of protection against Russian aggression.

international cooperation external security military power Baltic-Black Sea Union Intermarium geopolitical processes European stability Russian expansion

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Spis treści

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

Exercise of the Right to Access to Public Information: Administrative and Legal Mechanism

  • Author: Anton Chub
  • 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

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.

mechanism public authority information access provision

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The Principle of Solidarity In the Sense of Exercising the Right to Social Dialogue In the Conditions of Globalization

  • Author: Olena Moskalenko
  • Institution: H.S. Skovoroda Kharkiv National Pedagogical University
  • ORCID: https://orcid.org/0000-0002-0807-0519
  • Author: Denys Novikov
  • 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

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.

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

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Organization of the State Aid to Homeless and Neglected Children in the Ukrainian Ssr in the 1920s

  • Author: Oleksandr Chuchalin
  • Institution: Pavlo Tychyna Uman State Pedagogical University
  • ORCID: https://orcid.org/0000-0003-3876-8237
  • Author: Anastasiia Bilokon
  • 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

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.

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

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Limitation of Human Rights During the Crisis Events in Ukraine: Lessons and Outlooks

  • Author: Iryna Symonova
  • 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

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).

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

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The Institute of Constitutional Justice and the Balance of Power in a Democratic State

  • Author: Igor Bychkov
  • 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

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.

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

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Social Determination of Law as a Condition of Its Effectiveness

  • Author: Olga Hanchuk
  • 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

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.

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

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Peculiarities and Tasks of Site Inspection During the Investigation of Escape From the Place of Imprisonment

  • Author: Vadim Vlad
  • 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

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.

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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Features of the Organization of Work of Public Affairs Divisions of The Ministry of Defence of Ukraine During the Armed Aggression of The Russian Federation Against Ukraine

  • Author: Viktoria Kushnir
  • Institution: National Defence University of Ukraine named after Ivan Cherniakhovskyi
  • ORCID: https://orcid.org/0000-0002-0805-4092
  • Author: Oleksii Chernobai
  • 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

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.

strategic communications information public relations interdepartmental coordination hybrid aggression

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Principles of Formation of Information Policy of Ukraine In the Conditions of Hybrid War

  • Author: Igor Melnyk
  • 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

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.

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

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The Regulatory Framework of the Soviet Diplomatic Protocol. History of Formation

  • Author: Oksana Zakharova
  • Institution: Independent Researcher
  • ORCID: https://orcid. org/0000-0002-2143-7020
  • Year of publication: 2020
  • Source: Show
  • Pages: 150-163
  • DOI Address: https://doi.org/10.15804/ksm20202010
  • PDF: ksm/26/ksm2610.pdf

The concept of “diplomacy” combines the foreign policy activities of state leaders and supreme authorities. At various stages of the development of society the methods and means of diplomacy changed. In the Middle Ages the protocol is the rules of paperwork and archiving. Subsequently ceremonial issues began to be attributed to the diplomatic protocol. Currently the diplomatic protocol is a set of generally accepted norms, traditions and conventions that are observed in international communication. The purpose of the study is to analyze the evolution of the Soviet protocol as an instrument of the state’s foreign policy based on the analysis of regulatory documents. The novelty of the study lies in the fact that the author considers the diplomatic legal culture as a component of the image of the state, in which ideology influenced all aspects of society, including the rules of communication between a Soviet citizen and foreign partners. It was revealed that the employees of the Protocol Department of the People’s Commissariat for Foreign Affairs (PCFA), and primarily its head D.T. Florinsky (repressed in 1934) and V.N. Barkov (repressed in 1941, rehabilitated in 1958), were able to “reconcile”, as evidenced by regulatory documents, the European diplomatic protocol with the norms of Soviet ideology. Through its work the Protocol Department tried to destroy the idea of the USSR as an “empire of evil”; it was part of the positive image of the USSR, like the Bolshoi Theater, Soviet sports and Russian literature. As an actor in world politics the Soviet Union could not but accept the main provisions of the Vienna Convention on Diplomatic Relations. Ignoring the international norms of the protocol is a denial of equality, sovereignty, territorial integrity of the state, and as a result, loss of reputation in the eyes of the world community.

foreign policy diplomacy ideology foreign visits state image diplomatic receptions

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Taxonomy of Postal Indicia

  • Author: Svetlana Oriekhova
  • Institution: Mariupol State University
  • ORCID: https://orcid.org/0000-0001-9303-4469
  • Year of publication: 2020
  • Source: Show
  • Pages: 164-182
  • DOI Address: https://doi.org/10.15804/ksm20202011
  • PDF: ksm/26/ksm2611.pdf

Based on the study of the principles of classification and systematization of complex hierarchically subordinated objects of philately, the author proposed a taxonomy of postage stamps. Where taxonomic units are postage stamps, postal stationery, postage stamps, and franking machines, all that is directly related to the activities of the postal service and its products. The study is based on the study of the purpose of postage stamps of the world in 1840-2020 as an expression of public policy towards the development of national postal services, which play an important role in the process of state formation. Accordingly, the history of the postage stamp appears as a narrative about the visualization of the history and culture of each issuing state, a member of the Universal Postal Union. It is proved that the information capabilities of postage stamps are due to their belonging to the monetary system of the state, are political and economic documents, a source of study of economic and political history, material and spiritual culture. Comprehensive research of elements of postcards as well as envelopes allows establishing the time and place, reasons and circumstances of their creation, the history of technological operation over a while, the level of artistic culture, development of technologies and methods of manufacture. Proofs of calendar postmarks on stamps and envelopes are a source that allows to track technical and technological improvements in certain activities in the field of postal services. It is concluded that the analytical study of catalogued postage stamps is defined as a world philatelic heritage.

philately collectibles postal stationery envelope postage stamp

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Model of Review on Newly Discovered or Exceptional Circumstances in the Civil Proceedings of Ukraine

  • Author: Daryna Meniuk
  • Institution: National Academy of Sciences of Ukraine
  • ORCID: https://orcid.org/0000-0002-7083-7573
  • Year of publication: 2020
  • Source: Show
  • Pages: 183-195
  • DOI Address: https://doi.org/10.15804/ksm20202012
  • PDF: ksm/26/ksm2612.pdf

The article is devoted to the institution of review of court`s decisions on newly discovered or exceptional circumstances, which is considered as a mechanism to ensure the right of everyone to a fair trial. The key features of the institution of review of court decisions on newly discovered or exceptional circumstances, which distinguishes such review from the review by courts of higher instances are considered, such as aim, object and subjects of review. In particular, it was determined that the object of review may be court decisions that have entered into force and which have completed the proceedings; the subject of review is the court of the instance that made the decision, for review of which the applicant requests; the grounds for review may be only the grounds defined by law as newly discovered or exceptional circumstances, and decisions are reviewed not on the subject of judicial error, but in connection with the identification of the outlined circumstances. The general characteristic of the procedure of review of court decisions on newly discovered or exceptional circumstances in the civil process of Ukraine is given.

a fair judicial decision procedural guarantee judicial error civil process fair trial

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Dziecko ma swoje prawa

  • Author: Angelika Lenart
  • Institution: Katolicki Uniwersytet Lubelski Jana Pawła II
  • ORCID: https://orcid.org/0000-0002-4106-1518
  • Year of publication: 2020
  • Source: Show
  • Pages: 196-206
  • DOI Address: https://doi.org/10.15804/ksm20202013
  • PDF: ksm/26/ksm2613.pdf

One of the most important rights for every child is the right to family upbringing and physical and mental integrity. The basis for proper functioning in adult life are proper growth conditions enabling the youngest children to undergo intellectual and emotional development. The educational environment influences the later quality of life of a young person, which shapes the potential serving the whole society. The most important and most important legal act in Poland is the Constitution of the Republic of Poland 2nd of April 1997 together with ratified international agreements, laws and regulations, ensures the protection of children’s rights.

Constitution Ombudsman for Children Law child abused child violence

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C. Michael Hall i Girish Prayag (eds.), The Routledge Handbook of Halal hospitality and islamic tourism [Справочник Рутледжа по халяльному гостеприимству и исламскому туризму], Wydawnictwo Routledge, Londyn–Nowy Jork 2019, ss. 352.

  • Author: Kamil Pietrasik
  • Institution: Towarzystwo Azji i Pacyfiku
  • ORCID: https//orcid.org/0000-0002-8579-0659
  • Year of publication: 2020
  • Source: Show
  • Pages: 209-215
  • DOI Address: https://doi.org/10.15804/ksm20202014
  • PDF: ksm/26/ksm2614.pdf

Spis treści

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

Diplomatic Counterculture as a Tool of the Soviet Foreign Policy

  • Author: Oksana Zakharova
  • 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

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.

ceremonialny deizm diplomatic etiquette protocol state image international relations

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Organizational and Legal Mechanism of Public Administration of Functioning and Development of Electronic Consultations

  • Author: Yanis Yansons
  • 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

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.

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

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Specifics of Argumentation in Judicial Practice in Ukraine

  • Author: Volodymyr Kistianyk
  • 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

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.

deduction induction rhetoric logic judiciary reasoning argumentation court

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Activities of Civil Servants: Features of Evaluation in Ukraine

  • Author: Valeria Fostikova
  • 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

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.

assessment results performance legislation civil service

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Mistakes in Establishment of the Actual Circumstances of a Case as Grounds of an Appeal in The Criminal Procedure of Ukraine

  • Author: Nazar Bobechko
  • Institution: Ivan Franko National University of Lviv
  • ORCID: https://orcid.org/0000-0001-9304-3170
  • Author: Alona Voinarovych
  • 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

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.

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

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Postponement of Trial in Connection with the Application of Criminal Procedural Measures

  • Author: Taras Senyk
  • 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

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.

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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Economic Security in The State National Security System

  • Author: Valeriy Hnatenko
  • 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

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.

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

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Fiduciary Transfer of Ownership for Security Purposes & Retention of Ownership by a Seller

  • Author: Anastasia Riabchynska
  • 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

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.

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

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Types of Economic Activity in the Field of Cinematography in Ukraine

  • Author: Oleksii Herbych
  • 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

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.

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

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Stages of the Commission of the Smuggling of Narcotic Drugs, Their Analogues and Precusors, or Contrefeit Drugs

  • Author: Olga Kozyaruk
  • Institution: Leonid Yuzkov Khmelnytsky University of Management and Law
  • ORCID: https://orcid.org/0000-0001-7786-5721
  • Year of publication: 2020
  • Source: Show
  • Pages: 140-159
  • DOI Address: https://doi.org/10.15804/ksm20203010
  • PDF: ksm/27/ksm2710.pdf

There are the main theoretical issues of the stages of committing a crime are analysed in the research, since this topic causes controversial views among scientists, and there is also no unified judicial practice of applying punishment in the smuggling of narcotic drugs, psychotropic substances, their analogues and precursors. A comparative legal study of the stage of preparation for a crime, signs and types of preparation has been carried out. Based on the developed legislation and theoretical provisions, it can be argued that the criminal legislation of Ukraine differs from the legislation of other foreign states. At the same time, on the basis of theoretical and legislative provisions of the criminal law of Ukraine, the signs and types of the stage of an attempt to commit the drug smuggling are revealed. The positions of the common and foreign scientists regarding the attempt to commit a crime are analyzed. Separately, attention is focused on the concept of an unsuitable attempt to commit a crime, which is enshrined at the legislative level in the Republic of Poland, but is absent in Ukrainian legislation. The article examines and analyzes the commission of smuggling of narcotic drugs at the stage of a completed crime, as well as examples of judicial practice according the guilty persons who are punished at the stage of an attempt and a completed crime. In addition, the problem of the prolonged crime is highlighted according the commission of drug smuggling with the aim of further transporting the items of the crime to another state.

stages of the crime the preparation for a crime an attempt to commit a crime an unsuitable attempt the completed crime the prolonged crime

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Problem uzależnień adolescentów od substancji psychoaktywnych w percepcji młodzieży licealnej

  • Author: Karolina Szymaniak
  • Institution: Katolicki Uniwersytet Lubelski Jana Pawła II
  • ORCID: https://orcid.org/0000-0002-8030-0550
  • Year of publication: 2020
  • Source: Show
  • Pages: 160-173
  • DOI Address: https://doi.org/10.15804/ksm20203011
  • PDF: ksm/27/ksm2711.pdf

Psychoactive substances that change consciousness have been accompanying man since time immemorial. They cause loss of control, disturbance of perception, change in perception of the world and the fall of one’s own humanity. The danger of addiction increasingly affects young people. Transformation of the family model, secularization, depression, stress and decline in value cause the phenomenon is gaining momentum. The potential that lies in the younger generation expires with every media information on drug gangs and alcohol robberies. The awakening of consciousness in the young generation seems crucial, so that they can refuse assertively and with full awareness. The content presented in the article shows an analysis of adolescents’ responses to the consumption of psychoactive substances by adolescents. The conclusions resulting from the article indicate the need for preventive measures on the part of the school and, above all, the family environment. The ability to work on one’s own weaknesses and finding a constructive alternative for spending free time are also key

substancje psychoaktywne uzależnienie addiction psychoactive substances rodzina młodzież youth family

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Spis treści

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

The Legislative Regulation of Ensuring the Right to Peaceful Assemblies

  • Author: Yevheniia Kobrusieva
  • 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

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.

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

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Legal Protection of the State Interests in Ukraine: Some Theoretical Issues

  • Author: Andrii Kubko
  • 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

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.

the responsibility of state the state the public interest the state interest the interest

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Methodological Bases of Research of Essence of a Category »Administrative Act«

  • Author: Olena Milienko
  • 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

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.

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

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Methodological Aspects of Providing the Demographic Capacity of the Community

  • Author: Olga Omelchuk
  • 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

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.

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

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Rent Payments for the Use of Subsoil as Part of the Implementation of State Policy in the Field of Environmental Protection

  • Author: Anton Borysenko
  • 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

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.

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

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Effectiveness of Corruption Combating in Ukraine: Role of the System of Anti-Corruption Bodies

  • Author: Liudmyla Pashkevych
  • 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

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.

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

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Establishment and Activity of Petrograd Commission on Improving the Welfare of Scientists in the 1920s

  • Author: Kateryna Didenko
  • Institution: Pavlo 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

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.

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

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Vinctis non victis. Wybrane implikacje zbrodni katyńskiej z 1940 r. Przeszłość i współczesność

  • Author: Paweł Glugla
  • 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

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.

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

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