Spis treści
- Year of publication: 2021
- Source: Show
- Pages: 3-4
- DOI Address: -
- PDF: ksm/29/ksm29toc.pdf
Today’s world, in the absence of borders, people are increasingly changing their place of residence, owning real estate, holding bank accounts and owning other property in different countries. This can not but have consequences in inheritance. This, in turn, can create some difficulties, cause disputes between the heirs and will undoubtedly affect the costs of registration of the inheritance. Another common problem is that a will made in one country may not have legal force in another country where it must be enforced. These and many other issues could not remain unresolved at the EU. A common approach to many inheritance issues has been found through the adoption of the Regulation of the European Parliament and of the Council № 650/2012 of 4 July 2012 on jurisdiction, law enforcement, recognition and enforcement, adoption and enforcement of authentic instruments in matters of inheritance and the creation of a European Certificate of Inheritance. This provision came into force on August 17, 2015 and applies to cases of inheritance that occurred after that date. Inheritance cases are processed by one competent authority (court or other authority) in one state, and decisions taken in such cases are recognized in other EU member states without any special formalities. This should significantly improve and facilitate the inheritance procedure within the European Union, with the exception of Denmark, Ireland and the United Kingdom, which do not particpate in this regulation. We will consider these questions in our research.
Heir cross-border nature of inheritance inheritance regulations inherited property disposal of inherited property Member States European Union
Investigations of economic crimes require the development of new methods, due to the rapid development of economic relations, the international corporation, the use of digital payment instruments, increased competition and the presence of corruption. The low level of crime detection and the absence of convictions indicate the expediency of amending the current procedural legislation to determine jurisdiction, empowering law enforcement agencies to conduct covert investigative (search) actions, to appoint examinations before criminal proceedings; define in substantive law the concept of economic crimes. In Ukraine, reforms in the criminal justice system, law enforcement and the judiciary have not yielded the expected results. Established law enforcement agencies often duplicate the powers of others, which creates a risk of corruption and hinders the effective collection of evidence in criminal proceedings. Professional training of investigators who are working on investigating of economic crimes requires a high level of legal and economic awareness. The use of special knowledge (involvement of specialists, appointment of expertise) needs to be reviewed, as investigators are deprived of the right to interrogate an expert. Dynamic changes in the legislation have negatively affected the activities of law enforcement agencies, which have been temporarily deprived of selfappointment. These powers rested with the investigating judge and the court. The protection of the economy requires the strengthening of law enforcement agencies on the methods of detecting criminal encroachments on the economic base of the state.
bankruptcy insolvency economic security bureaus economic crimes
The article considers the primary and secondary legislation of the European Community and normative legal acts of different European countries that regulate the provision of administrative services. Related concepts used in European Union law to define the scope of public services were distinguished. The practice of providing administrative services was analyzed on the examples of Poland, England, France and Sweden. Characteristics of the subject composition of public services were studied. The assessment of public service standards was made. The analysis of long-term programs of public administration reform in EU member states was carried out. The basic principles of functioning of state institutions and organizations that provide services to citizens, as well as the obligations of government agencies in the sphere of organization, distribution and provision of administrative services were determibed. In addition, various ways of improvement the quality of the provision of services, which the countries of the European Community are already using and are planning to use in the future, were considered. Obstacles to the introduction of new approaches to the improvement of the quality of public services were found. The analysis of formation of systems of various social services was carried out. The activity of state social services on needs assessment and planning of social services was considered. The concept and direct implementation of the principle of “mutual complementarity” were analyzed.
public services quality of services experience of the countries of the European Union administrative management
The author analyses the legislation of different countries, analytical studies of international experts in order to determine trends in the legal regulation of blockchain. Regulations of government banks, regulatory organizations regarding the operation of the virtual assets and growing demand for virtual currency leads to high risks in the area crypto actives. Uncertainty and complexity of legal support for the development of blockchain technologies and artificial intelligence in economic activity leads to limited practice of regulatory definition and government processes. However, state order is to sanction the stabile existing social relations from considering international legal institutions of legal regulation, such as the protection of personal data, identification and verification subjects of entrepreneurial activity, prevention of laundering money, prevention of evasion from payment of taxes. The author draws attention to the fact that it is necessary to concentrate analyses on resolving not only virtual currency, but the system blockchain in general, to provide legal definition of those phenomena which are not associated with just speculation or payments of cryptocurrency. In the article discusses current problems of the EU, Asia, Ukraine on implementation of international standards in the field of prevention of laundering of money, protection of per sonal data and the possibility of crypto actives and use the technology of artificial intelligence, which will develop business operations, including technology blockchain.
crypto actives issuer cryptocurrency crypto actives payment services virtual assets database data artificial intelligence blockchain technology
Under conditions of aggravation of external and internal contradictions of economic character, importance of increase of the state national security level, an urgent need of search of system algorithm for construction of integral paradigm of economic security appears. The main trend of further economic development of society is the connection of economic security of the state and the welfare economy of society in a single target function, which fully reveals and realizes the economic potential of the state and society. The level of the country’s welfare is the basis for making certain government decisions in the socio-economic sphere. It has been noted that economic security of welfare is ensuring the protection of interests and creating favorable conditions for ensuring a high standard of living and welfare of society in the implementation of the State Strategy for Economic Security. The place of economic security of welfare in the system of national security has been determined - the high level of its realization is a springboard for strengthening and further development of other components of the country’s economic life. Improvement of the public administration efficiency is one of the conditions for ensuring sustainable socio-economic development of the country, region and raising of living standards of the population.
national welfare living standard quality of life national security security
The article considers the issue of non-execution and / or long-term execution of court decisions by the judicial bodies of Ukraine, which are assigned the relevant functions by law, which serves as the basis for numerous appeals of citizens to the European Court of Human Rights. The decisions of the European Court of Human Rights on the consideration of complaints of persons who are parties to enforcement proceedings - collectors in connection with the noncompliance of the state of Ukraine with court decisions and resolutions of the Cabinet of Ministers of Europe are analyzed.
resolution of the Committee of the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms European Court of Human Rights pilot solution access to court private proceedings enforcement proceedings collector
The article is devoted to study of directions of improving the state regulation of the financial sphere in Ukraine. It is determined that the state regulation of the financial sphere should be carried out in the directions of ensuring the efficiency of budget funds use and providing the relationship between the authorities that carry out the state financial control. The article considers the problems in ensuring the effective state regulation of the financial sphere as a component of the mechanism of public administration and control. We have proved the importance of the state regulation of the financial sector in the current conditions of unstable and declining market economy that Ukraine is experiencing. It was noted that the issue of effective state regulation and control over the implementation of management decisions is thoroughly studied by scientists and practitioners. In practice, under the influence of these studies, more effective mechanisms and tools of the state control for the receipt and use of budget funds are being developed. The article analyzes the latest studies of domestic and foreign authors related to the issues of state regulation and management of the financial sphere The article examines the need for an active regulatory role of the state in the use and circulation of budget funds. Analyzing the state regulation of the financial sphere, it should be noted that it is an integral part of public administration of the economy as a whole. The article analyzes the advantages and disadvantages of the system of state regulation of the financial sphere in the country. There is a need for continuous improvement and increase of efficiency of state regulation and control over the circulation of budget funds.
state regulation administrative control mechanism of state regulation public finance management state regulation of the financial sphere megaregulator
The article considers the problems of scientific comprehension of electronic participation from the point of view of public administration. Attention is paid to the highest form of e-democracy, namely the involvement of citizens in decision-making through ICT. The theoretical and methodological bases of research of electronic participation are defined - its levels, models, directions are analyzed. It is proposed to consider the process of involving citizens not only from a purely technological perspective, but taking into account a wider range of factors. The influence of social factors on the process of public involvement is characterized. Insufficient motivation of the citizens to interact with the government is highlighted as one of the most important obstacles to the development of e-democracy. The leading role in overcoming the existing problems is given to the fundamental science of public administration, whose task is not only to study the features of separated tools of e-participation, but also to determine strategic priorities for involving citizens in decision-making for sustainable development. The main strategy for increasing the interest of citizens in cooperation with the authorities and improving their decision-making skills in the information society is the formation of an efficient system of civic education.
Civic Education social capital e-decision making e-democracy e-participation
This article is devoted to the temporary legislation issues as multifunctional legislative instruments, which can be efficiently used in the current dynamic of social, political, information, communication and economic processes. The author regards main scholarly advantages and drawbacks of the introduction of temporary legislation in lawmaking, particularly in the context of stability and predictability of legal regulation, equality of participants in the legal relations. The factors determining the practical necessity of temporary regulation (particularly, innovative products, introduction of new public regulation or economic regimes political or military crises, pandemic) are systematized in this article. It also introduces the review of international experience of application of a temporary regulation in the countries with different legal systems, which shows ways of practical usage of this instrument and lack of systemized approaches for it. The author suggests distinguishing between two main types of temporary regulation - temporary (transitional) and experimental - and identifying potential areas of practical application of such regulation, in particular: rapid response to temporary topical problems, decision-making in highly unpredictable situations, more dynamic regulation of innovation and development. At the same time the systematic modeling of introduction and expiration date of temporary regulation is indicated as the main requirement for the effective implementation of such regulation in compliance with the principle of rule of law. Overall, the author concludes that to be effective, efficient and prospective tool of regulation temporal regulation has to be based on the principles, methods and restrictions of its application, which in turn have to be developed by lawyers.
action of legal acts in time experimental legislation temporary regulation sunset clause Ukraine
Optimizing the human relationship with the environment, which is one of the most important goals of social rehabilitation, depends on a wide group of factors and processes, among which the system of target values (of a higher order) plays a significant role. Referring to the words of the doyen of social rehabilitation in Poland, Czesław Czapów. The highest values in social rehabilitation should be considered not only the social order, but most of all the development of personality and related human freedoms. Paradoxically (taking into account the fact that a large part of social rehabilitation procedures take place in closed institutions) one of the most important values of social rehabilitation is freedom. According to Albert Camus, “freedom is nothing more than a chance to be better”. Social rehabilitation institutions (mainly prisons), fulfilling their utilitarian functions, drastically limit the freedom of choices that can be made by charges. The essence of creative social rehabilitation is an attempt to change the individual in a way that is different from the usual social rehabilitation schemes. It is an attempt to change a person by creating different parameters of his identity, which determine the quality of contacts with other people. These treatments, taking the form of theater, sports, drama, art or music experiences, can create different personal parameters of an individual.
The Great War brought about the collapse of the old world order of the 19th century. The idea of the self-determination of nations, e.g. Ukrainians, Finns, Latvians, Lithuanians, Poles etc., or multi-ethnic societies, e.g. Czechs and Slovaks, Slovenes-Serbs-Croats-Bosnians, etc., guided the new political order in Europe in 1918–1919. It was only partially possible to implement it due to the powerful influence of nationalism or (neo)imperialisms, such as in Soviet Russia and the USSR, or later with the Third Reich. In 1920, the societies of Ukraine and Poland tried to find an indirect path. The Polish-Russian/Soviet-Ukrainian war, symbolized by the Battle of Warsaw in 1920, turned out to be a breakthrough in these actions. On the basis of the effects of this so-called “dwarf war” gave rise to a new political and ideological imperialism in the USSR, as well as an ideology (1920) as a platform for cooperation and understanding between Poles and Ukrainians. Contrary to all assessments or interpretations, the signalled ideology of 1920 is a constructive factor in the history of Poland and Ukraine, based on the effects and experiences of the war of 1920–1921. This text is an attempt at a synthetic look at the genesis of the Polish-Russian/Soviet-Ukrainian war, mainly at its long-distance effects felt later in the Third Polish Republic and in free Ukraine in 2020. Perhaps these impact were also felt on a wider European scale. The text does not so much judge or evaluate the results of the previous research, but is an attempt to organize and generalize them. It may be a proposal for a possibly balanced view in the elites of both societies, a past that determines the future of Poland and Ukraine. Finally, it is an attempt to establish a long-term perspective that reduces political or (neo)nationalist emotions in favor of a balanced orderliness of knowledge.
The Battle of Warsaw ideology of 1920 social and national elites the perspective of long duration
The formation of soviet law in Ukraine was inevitably connected with the spread of soviet power. Along with the soviet institutions, legislative acts of Soviet Union were spread on the territory of Ukraine and replaced the earlier normative acts. The legal system in Ukraine was in fact formed on the basis of the ideological foundations created by the Soviet Union. However, it is a fact that the system of law in Russia after the October Revolution of 1917 did not emerge from scratch, but was built on already existing legal traditions. They are based on three basic sources: German legal tradition, which influenced pre-revolutionary Russian legal culture, Russia’s own legal culture and, of course, official socialist ideology, as well, which provided the legal system with a link to the legal past, which in turn ensured the advancement of the legal system. The legal development of Ukraine during the soviet period was based on the adapting of Ukrainian legal past to the needs of the soviet period. Accordingly, this approach confirms the preservation of the link between the Ukrainian legal past and the present. That means, that the processes that are happening nowadays in the legal system of the modern Ukraine cannot be analyzed without taking into account the initial state of legal institutions that were formed Before and After the soviet period. Therefore, the preservation and analysis of the Ukrainian SSR’s law as a legal heritage of Ukraine will make it possible to ensure progress in the evolution of the modern Ukrainian legal system.
legal heritage soviet legal heritage Ukrainian legal system legal advancement soviet legal traditions
The author has outlined the essence of legal presumptions on discretion in law enforcement of financial legal provisions as both current legal phenomena and legal regulations. The relationship between presumptions and principles of law, as well as the classification of presumptions has been researched into. Presumptions on discretion in law enforcement of financial legal provisions are formed in relation to a particular legal fact or group of facts or compositions that correspond with a particular law enforcement situation, which is due to the origin, content and purpose of these facts or compositions, the relationship between them. With regard to discretion in law enforcement of financial legal provisions, it could also be argued that there are both legally defined irrefutable presumptions (innocence, “all doubts in favour of the taxpayer”) and rebuttable in a particular case, which does not terminate its effect as a whole. It has been concluded that presumptions on discretion in law enforcement of financial legal provisions are applied due to logical methods of induction or modelling, when the probability of a phenomenon is not high enough.
legal framework legal regulations functions of law legal interpretation evaluation atypical regulations
The article examines the main types of possible offenses on the Internet and the existing problems in identifying those liable for these offenses. At the same time, the cross-border nature of offenses in the network and ways to solve problems with bringing individuals to justice for such crimes are taken into account. The issues of liability of web site owners, administrators of social networks, operators of non-bank electronic payment systems, distributors of virtually coordinated dangerous games and other subjects are considered. In addition, the article analyzes the difficulties in identifying the subject of liability for offenses in the network when they use VPN technology, private network Tor, non-indexed sites that are part of the Dark Internet. Also, the offenses that arose with the advent of the Internet, such as theftof virtual property, fraudulent enrichment on clicks by robotic agents, and others are investigated. The proposal to create a non-governmental international court on the Internet to block the violator’s activity in network is being considered.
social networks liability of web site owners electronic payment systems virtually coordinated games theftof virtual property Internet court Dark Internet
This article is devoted to the examination of the procedural order of imposing arrest on agricultural crops during the judicial investigation of criminal offenses under Part 1 of Article 197–1 of the CC of Ukraine «Illegal occupation of land plots and self-building». The author, through the prism of logic, has analyzed the concepts of “harvest”, “agricultural crops” and “agricultural products”. It was found that when arresting agricultural crops during criminal proceedings under Part 1 Article 197–1 of the Criminal Code of Ukraine, it is advisable to use the terms “harvest” and “agricultural crops” depending on the stage of production at which the crops are located. The article examines the problems associated with the possibility of recognition of agricultural crops as a physical evidence in criminal proceedings and, as a result, the imposition of arrest on them. Based on the analysis of judicial practice, it was concluded that a detailed description of property in the notes of investigating judges, courts when seizering on property defined by generic characteristics is necessary. It is argued that when deciding on the imposition of seizure on agricultural crops it is necessary to take into account the order of preservation of such property. Developed scientific and practical recommendations on the application of the provisions governing the procedure for imposing arrest on agricultural crops.
seizure of property illegal occupation of land plots physical evidence harvest agricultural crops
Mutual agreement procedure (MAP) is an important instrument for resolving disputes on taxation not in accordance with the provisions of double taxation agreements. Nevertheless, its potential was not applied widely neither by taxpayers nor by the competent authorities in Ukraine. In 2020, the national legislator introduced changes to the Tax Code of Ukraine that might positively impact on the practice of application of MAP in Ukraine and make it more certain and comfortable for taxpayers and tax authorities. The taxpayers received the right to initiate MAP between competent authorities of contracting states in case of taxation not in accordance with the provisions of double taxation treaties. At the same time, the new legal provisions have few deficiencies in comparison with the international standards of international taxation included in the OECD MTC and its commentaries. Based on the results of the comparative analysis, the amendments to the Tax Code of Ukraine are proposed in the article.
interpretation domestic implementation international treaties double taxation tax dispute resolution
The author of the article investigates the peculiarities of the procedure for foreclosure on the property of a property guarantor, as there are currently problems with the practical application of legal norms. The author assumes that one of the main ways to ensure the fulfillment of obligations arising from credit relations is a pledge with the participation of a property guarantor who is a party to the mortgage relationship. The relationship between the mortgagor and the debtor on the main obligation is not collateral, the rights and obligations arising between them are not included in the content of the mortgage relationship. The shortcomings of civil law regulation of relations in this area have been identified and amendments to the legislation of Ukraine on pledge have been proposed. The need for analysis and further study of the status of the property guarantor, ksm2021205 ie the person who mortgages the property belonging to him to ensure the fulfillment of the debtor’s obligation to the mortgagee. Improving the effectiveness of law enforcement also requires improving the mechanism of legal regulation of contractual relations.
property guarantor foreclosure mortgage object of pledge pledge
The scientific article is devoted to the definition of directions of improvement of the jury trial in civil proceedings of Ukraine. It unveils the historical origins of formation of the jury trial as one of the important democratic institutions, which provides the possibility of direct participation of people in the administration of justice and is a civilized means of protecting civil society from judicial arbitrariness and corruption in the judiciary. Two models of jury trial are described: the Anglo-Saxon and the continental. The existing scientific controversy on the expediency of the functioning of the jury in civil proceedings and the effectiveness of some, including complex, civil cases with the participation of the jury are described. It is argued that the reasons for the inefficiency of the jury trial in Ukraine are the non-transparent system of forming the jury lists, the lack of state funding for the jury trial, public misunderstanding of the benefits of the jury trial, and thus the non-acceptance of the jury by the vast majority of citizens and their evasion of the duties of jurors. It is concluded that it is inexpedient to preserve the jury trial in civil proceedings in its current form, as this will only harm the tasks of civil proceedings. The authors propose the ways to improve the model of the jury trial in civil proceedings in Ukraine, in particular, by building a transparent system for forming a list of jurors as a result of outreach work among the population and decent pay for jurors.
jury verdict judicial system trial lay judges democratic institutions democracy justice
The article analyses the Ukrainian model of active repentance in criminal justice through the lens of restorative justice. Restorative justice has incrementally attracted the increasing attention of scholars, legislators, and policymakers across the globe. Ukrainian criminal legislation, representing a combination of post-soviet and Western approaches to criminal justice, offers a remarkable experience. Unlike many other Western European countries, the Criminal Code of Ukraine creates a strong incentive for an offender to show remorse at every stage of his interaction with the criminal justice system: during the pre-trial inquiry, throughout the trial, while serving punishment and even after the punishment while subjected to certain limitations (criminal record). At every stage, active repentance of an offender triggers/might trigger the possibility of leniency. This leniency might result in a release from criminal liability, mitigation of the imposed punishment, release the convict on parole or early expungement of collateral consequences of a criminal conviction, etc. The Criminal Code of Ukraine does not provide a clear demarcation of active repentance. Instead, the law defines it through the inexhaustive list of behavior patterns in which it manifests itself. This approach enables judicial discretion and reduces the formality in the assessment of the acts of an offender. The main shortcoming of the Ukrainian approach to active repentance is that the reconciliation between the offender, the victim, and the wider community is being advanced poorly.
active repentance restorative justice release from criminal liability reconciliation of the perpetrator with the victim active assistance in disclosure of a crime
The article touches upon a set of issues related to the cross-border crime definition and features. Cross-border crime can be defined as a criminal-legal, criminological and criminalist concept. The author’s approach is that it is exactly criminal-legal dimension of this problem that is primary one. A criminal-legal understanding of cross-border crimes is suggested. It is analyzed by comparing the provisions of a number of international and national acts in the context of cross-boundary as a legal concept and characteristics of offences. There is emphasized that cross-border crimes constitute a relatively stable set of crimes that threaten the interests of states in the sphere of border and national security. The cross-border crimes objective features are considered. They include public interests, offender’s modus operandi, the victim, items transferred across the border. It is concluded that the cross-boundary nature in the criminal law of Ukraine stems from the peculiarities of the offender’s actions. The classification of crimes into unconditionally and conditionally cross-border is suggested. Such a division is associated with the obligatory/optional nature of such an objective feature as border crossing.
cross-border crime victim objective features of a cross-border crime cross-border crime border security international standards
In the article, the process of the formation of Circus culture in the Western Ukrainian lands in the late eighteenth and the nineteenth centuries, during the time that they were a part of the Habsburg Empire, is researched. Based on the materials of the periodical press of the studied period, it describes the Circus troupes, Acrobats and the Magicians, which visited Lviv, and their artistic cast and repertoire. The performances in the city from the leading European troupes, and artists have been described in chronological order. The processes of the evolution and the diversification of the circus genres and performances have been tracked, and the features of the development of Circus Art described throughout this period have been determined. An attempt was made to analyze the perception of circus performances in the society, and to determine the status and place of the Circus in the cultural space of that time.
Lviv Galicia athletes circus acrobats equestrian circus circus riders circus art circus
The article is devoted to the analysis of the problem of defining the term “lustration” as a mechanism of personnel policy in the field of public administration. The main approaches to the interpretation of the concept of “lustration” through the prism of historical development are studied. Emphasis is placed on the understanding of lustration in ancient times and how the meaning of this term was transformed under the influence of the evolutionary development of public administration. Modern scientific approaches to the definition of lustration, its place in public administration are analyzed, its characteristic features are singled out. The author studies the scientific approaches of both foreign and Ukrainian scholars to the interpretation of the lustration, singled out the main common and distinctive features between them. It is established that the current approaches to understanding of lustration are based on three concepts. Based on the analyzed material, the author formulates his own definition of lustration as a mechanism of personnel policy in the field of public administration. The author concluded that the correct definition of lustration will help reduce differences in its application in the practice of public administration and will form a reliable mechanism for the lustration. It is determined that the legislation requires a modern understanding of the term “lustration” with the peculiarities of its implementation in a particular state.
lustration problems of defining of lustration conception of lustration
Judicial System of the European Union
A comprehensive analysis of the provisions of the Treaty on European Union, which define the basic values, objectives, obligations of Member States and the procedure for ensuring effective judicial protection in the EU legal order. It has been established that the implementation of core values is a common task of the EU institutions and national state bodies. It is substantiated that the rule of law in the EU is ensured by effective judicial protection of rights in the areas covered by EU law. Effective judicial protection is provided by national courts together with the Court of Justice in the manner of implementing the mechanism provided for in Article 267 of the Treaty on the Functioning of the EU. It has been proven that the unity of purpose, common functions, equality of legal status and common standards of judicial organization and principles of administration of justice unite national courts and the Court of Justice into a single EU judicial system. It is proposed to define the concept of “EU judicial system”, namely, the EU judicial system is a set of EU judicial institutions, namely integration institutions (EU Court within the TEU) and national courts of the Member States (higher courts, constitutional bodies), principles of functioning provided by the EU legal order, which jointly perform the functions of judicial control and effective judicial protection in the European region, interact with each other and ensure the establishment of the rule of law in the EU. Judges of the EU judiciary have the same requirements for age, qualifications, independence and impartiality, which are the common organizational principles of the EU judiciary. All judges of the EU judiciary are obliged to adhere to the principles of proceedings set out in the Charter and the Convention. It is proved that the unity of purpose, common requirements for legal status, common standards and principles of justice established for judges of the Court of Justice and judges of national courts are signs of their belonging to a single EU judicial system.
Суд ЄС European mandate of judges national judiciary rule of law EU
The article analyzes the methods and criteria for evaluating the effectiveness of e-governance and e-democracy used in the countries of the European Union and the United States in the context of their implementation in the activities of state authorities and local self-government in Ukraine. It is emphasized that the main activity of the executive power is the provision of services to citizens, therefore, the concept of the effectiveness of the activities of state authorities and local self-government is inextricably linked with the effectiveness of the provision of public services. It is proved that modern information and communication technologies are an important tool for improving the efficiency of the provision of public services, which should be able to be used correctly, because according to the results of evaluating the effectiveness of the provision of electronic public services by the executive power, it is possible to judge the effectiveness of its activities as a whole. It is noted that currently the effectiveness of e-government is evaluated in two ways: 1) assessment of the readiness of e-government and 2) assessment of the socio-economic effects of e-government. It is emphasized that for Ukraine today, one of the priority tasks in the implementation of administrative reform is the active use of the national system of indicators for evaluating the effectiveness of e-government, taking into account the methodological approaches proposed by the world community. This will allow quickly responding to problems and risks on the way to promoting reforms.
communication technologies accessibility of information electronic public services methods for assessing readiness for electronic public administration strategy for public administration reform
The current study validates the structural model of cause-effect relationship in light of organizational citizenship behaviour as a consequence and its determinants as causes, which ultimately generates a generalizable public service model for the countries that need substantial organizational transformation in public service delivery. The determinants of organizational citizenship behavior by taking a look into the social and personal factors that either drive an individual’s behavior drawing from the social circumstances at the moment of time, or personal motivation and inner characteristics that force an individual to act in favor or against good citizenship. To test the proposed research framework, post-community Azerbaijan’s ASAN Service is considered as the case. For the identification and validation of potential factors affecting organizational citizenship behaviour, the selected variables are employed as constructs of the conceptual framework, through which survey is designed and administered to collect data from the country citizens with regards of gauging the impact of the determinants. A quantitative methodological approach is selected, where data is collected through convenient sampling technique, while it is analysed using the structural equation modelling technique, with emphasis on AMOS v.24 software to test the structural model. The results of the hypothesized relations reveal that behavioural intention and organizational identification are strongly related to organizational citizenship behaviour, followed by distributive justice, public service motivation, selfconcept and goal clarity being secondary major determinants. However, procedural justice is not significant in predicting organizational citizenship behaviour, while subjective norm and task interdependence are weakly related to it.
organizational citizenship behaviour and its determinants structural equation modelling
Legal Instrument for Improvement Traffic Safety by Means of Inclusion Personal Electric Motor Vehicles in Ukrainian System of Motor Transport
It had analyzed essence of the work Ukraine’s (traffic) police concerning measures for traffic safety. It had considered conception of traffic safety and it has been found what specifically including the work police traffic safety within the framework of Ukrainian legislation. It had analyzed the foreign experience concerning traffic safety and it to be proved necessity of application best practices other countries for road safety in Ukraine. It had drawn attention on fact that the same idea (using foreign experience in traffic safety) must be applied when we teaching police cadets. It had made the conclusions and advices on the ground of data concerning traffic safety from sources: 1) foreign experience concerning organization and regulation of traffic control and safety; 2) statistic data in general from National Police of Ukraine in field of traffic control and safety; 3) statistic data in particular from Patrol Police in field of traffic control and safety. Apply practically these the conclusions and advices led us to increase road safety. It had pointed that the foreign experience concerning organization and regulation of traffic control and safety had to be analyzed and consolidated. Also we have to adapt foreign experience to Ukrainian’s actuals and integrate into acting system for road safety of Ukraine in future.
scooter with electric motor personal motor vehicles Traffic (road) safety
The global community has been overcoming the crisis of being in the city for almost a century. And we are trying to answer the problems of urban crises - how and why do they arise, which development path should the city take and is this step justified? The simplest way of overcoming the crisis by the city authorities is an irrational solution - to erase the past, and build a new one. In such cases, the historical layering of images of the city, which have a great cultural value, is not taken into account. The city government alone and the bunch of institutions interested exclusively in their own financial issues do not have the right to carry out any transformations of the urban image without the participation of the city society and persons competent in this matter. It is culturology, on the one hand, that makes it possible to implement a comprehensive understanding of transformations in the urban space, excluding the one-sided development of transformations from a technical and aesthetic point of view of urban planning. On the other hand, it allows awareness-raising activities among urban residents, teaching them a kind of literacy and critical thinking about the center of their existence. However, for this purpose there must be a certain strategy of work and social cohesion. So, having faced the problem of lack of convenient and at the same time comprehensive definition of the above-mentioned historical layering and the feasibility of transformations in the urban image, in this article I propose, in my opinion, mandatory and at the same time the main stage of work for institutions involved in urban planning. I have developed a model of systematization of concepts of the image of the city, which at this time have already formed a historical multi-layer of the city. This development demonstrated the ability to predict the “behavior” of urban transformations in the future, especially young cities, whose historical layers of images are still ahead, based on the calculation of adaptation maxima in the life of the concept of the city image.
image of the city urban culturology urban identity history of the city systematization structuring
In studying the game as a social phenomenon, it is often difficult to leave the sociological approach within the scope of scientific knowledge. This happens due to the multiparadigmality of sociology and, therefore, a range of oppositions in the definition of the game. The role of consciousness in the game, the relationship between the concepts of game and freedom, a whole series of scientific categories (language game, wordplay, political game), which were introduced in the conceptual and categorical framework of some scientific disciplines, pose a difficult task for sociologists to conceptualize and study the game phenomenon. In terms of the article, the author puts forward the category “game attribute” as an element of game interaction. It is suggested that an attribute of game interaction to be included, systematized and classified in such a category. This approach to the theoretical development of the game phenomenon allows researchers to set a wide variety of applied problems, stimulates the advancement of an interdisciplinary paradigm in the sociology of games, and potentially can contribute to its institutionalization.
Postmodern Human Rights postmodern analysis of categories game and play in sociology sociology of games game category game interaction game component
Many years of experience in trying to reform the representative authorities in Ukraine indicate that the lack of change means stagnation and prevents development. Change is an inevitable element of our lives, but it often causes fear in people. The ability to adapt to and enjoy change shapes our health, happiness and personal dignity much more than anything else. Each of us is given two options to choose from, influence others and as a result, manage change or is allow to other impact on us. It is for this reason that representative bodies in Ukraine need to be created conditions for the arrival of representatives of the new, ie professional public, management. It must be based on leadership, because it is not so much about younger people, but about new professionals who are able to adapt to change and function effectively in changing conditions and situations. At the same time, they must have a clear understanding of the axiom that the success of their activities lies in teamwork and continuous self-development and self-improvement. It is obvious that a modern representative of public authorities in general and local governments in particular must be a person who seeks to create a favorable leadership environment in order to unite all communities interested in addressing socially significant issues. And such a representative who understands that he will not succeed if he will thoughtlessly, automatically, copy someone’s style and thoughtlessly imitate anyone. The article analyzes the experience of forming a favorable leadership environment in the stand. The main tools of uniting people for solving socially significant issues in representative authorities are substantiated. The priority directions of formation of a favorable leadership environment in the stand are identified.
territory development professional training of officials decentralization united territorial community formation of a favorable leadership environment representative authorities public administration leadership
In the article an influence of sacred art on Ukrainian painting of the late twentieth century, as exemplified by works of NAFAA teachers, was studied. In the professional literature, an idea was established that Ukrainian art, including painting, in the late twentieth century is closely connected with popular art and folklore, sometimes it is also about the influences of fine arts of previous epochs. Herewith, the influence of sacred art on the formation of a new art is mentioned only cursorily or its significance is completely neutralized. The goal of the work was, first of all, to determine the influence of sacred art on the creation of Kyiv painters in the late twentieth century. To achieve the targeted goal the works of painters, who were representatives of different generations and different stylistic trends, were reviewed and formally analyzed. The pieces of art presented in the work give grounds to state that the influence of sacred art on the formation of Kyiv painting is significantly underestimated. Even a cursory overview of the works suggests that sacred art responded not only narratively. Artists examined and actively used icon-painting and composition building, turned to specific recognizable images and combined them with modern themes. In the study, a special attention is paid to M.A. Storozhenko, the founder of the Department of Sacred Painting, who was not only a prominent artist, but also a teacher, and he managed to educate a number of artists who continue the work of the mentor, teaching sacred painting to a new generation of artists.
Kyiv painting of the late twentieth century paintings of NAFAA teachers sacred in Kyiv painting of 1980-1990 influence of sacred art on the Ukrainian painting
Administrative and legal protection of police officer’s rights in Ukraine
The article deals with some aspects of social and legal protection of police officer’s rights in Ukraine and the problem of administrative and legal support of socio-economic rights of police officers and mechanisms for their implementation. Attention is paid to the issue of imposing disciplinary sanctions on the police in the context of the institute of protection of police rights. An important factor of proper functioning of the police system is the wellestablished interaction of police bodies with society, which provides a structure of relations where government agencies and the population actively cooperate to solve problems of public importance. It is determined that the police system of any country is based on several basic tasks, which determine the direction of law enforcement agencies of the country as a whole. Such tasks include ensuring law and order, protecting fundamental human rights and freedoms, preventing riots, investigating criminal offenses, and preventing the occurrence of dangerous and resonant events that may threaten the peace of society.
поліцейський орган police body administrative and legal status social and economic rights police unions disciplinary action
Dispositivenes of norms as a basis of contractual regulation of economic procedural relations
The article considers the dispositiveness of the norm of economic procedural law as a basis for the application of contractual regulation of economic procedural relations. Consideration of this issue is caused by the need to increase the effectiveness of legal regulation of procedural relations on a contractual basis. In particular, the peculiarity of dispositiveness of norms in procedural law is considered, which shows that the structure of such a norm is incomplete, and dispositiveness is associated with the presence of a unilateral or bilateral legal order, which differs from the general rule established by the legislator. It is established that dispositiveness in the economic process is limited in comparison with dispositiveness in substantive law, as it acts not as a generally established principle, but as a rule of conduct, which can be allowed within clearly defined limits. Restriction of dispositiveness in commercial proceedings is based on two parameters: the parties to the relationship and the subject matter of the dispute. Dispositive rules in procedural law, albeit to a limited extent, allow the parties to a commercial proceeding to exercise their subjective rights at their own discretion by determining the direction of the trial. Thus, the parties independently determine whether to protect their rights and interests in the application of contractual principles based on the dispositiveness of procedural rules, or to comply with the provisions of the mandatory rules of procedural law. At the same time, in implementing the chosen course of action, both the parties and the court must follow the procedure established by procedural law, which is clearly spelled out in the provisions of mandatory rules and is binding.
диспозитивність autonomy of will procedural relations contractual regulation imperative norm dispositive norm dispositiveness
Legal education as an integral part of the functional responsibilities of specialists of the free legal aid system – practical aspects of implementation
The article describes the administrative structure of the units of the free legal aid system in Ukraine, which perform the function of legal education. The tasks, responsibilities and powers of legal education units at each of the institutional levels of the free legal aid system are considered and analyzed in detail, as well as the territorial division of jurisdiction of such units. The author analyzed the relationship, the degree of subordination and general coordination of actions between units of different levels of the structure. The publication also identifies and substantiates an important normatively enshrined and actually implemented priority given to legal education activities in the system of free legal aid in Ukraine. The publication describes the experience of legal education activities by other structural units of the Ministry of Justice of Ukraine, as well as statistics on the awareness of residents of the country about the right to receive free legal aid as part of the formation of legal awareness. The concept of legal education campaigns conducted by the system of free legal aid with the separation of their basic features and methods of implementation is considered in detail.
legal education campaign administration tasks legal consciousness communities legal education activities правопросвітницькі заходи legal culture legal awareness
The purpose of proof in the criminal proceedings on infringement of intellectual property rights: truth or procedural justice?
The article summarizes the existing discussible approaches of domestic and foreign scholars to understanding of the purpose of criminal procedural proof and the search for truth. The legislation of Ukraine, norms of the Convention for the Protection of Human Rights and Fundamental Freedoms, Criminal Procedure Codes of a number of European countries, modern approaches of US courts, the Supreme Court [of Ukraine], the European Court of Human Rights on normative consolidation of the purpose of criminal procedural proof and application of the law are analyzed. On the basis of an excursion in the history of science the basic theories of truth are highlighted. It has been established that the theory of objective truth has prevailed in science for a long time, but attention is drawn to the fact that it is increasingly criticized in favor of efficiency of criminal proceedings through applying relevant legal procedures. Judicial practice shows a shift in emphasis from establishing the truth to procedural justice aimed at achieving the optimal model of the purpose of criminal proceedings and proof. The approaches to the purpose of proof and the search for truth of various subjects in criminal proceedings on infringement of intellectual property rights and efficiency of applying conventional truth are substantiated. The own vision of the concept of the purpose of proof is proposed and propositions on improvement of the procedural legislation of Ukraine are provided.
мета доказування purpose of proof procedural justice criminal proceedings efficiency truth
Officials authorized to perform procedural actions in the extraterritorial space of Ukraine
In the article, the author, first of all, defines the concept of extraterritorial space and its structural elements, it helps to determine the scope of officials. In accordance with the norms of the Criminal Procedure Code, officials who are authorized to perform procedural actions in the extraterritorial space of Ukraine are indicated. However, the author points to gaps and conflicts of criminal procedure law related to these officials. The article also analyzes the process of replacing an official authorized to carry out procedural actions on the territory of diplomatic missions and consular posts of Ukraine abroad, on aircraft, sea or river vessels outside Ukraine under the flag or with the identification mark of Ukraine, if this vessel is assigned to port located in Ukraine. It is noted that the issue of criminal procedural jurisdiction over the crew of the object, which is launched into space is not regulated in the Criminal Procedure Code of Ukraine, does not determine the official authorized to perform procedural actions and the mechanism of its replacement is absent. In the conclusions, the author proposes amendments to the criminal procedure legislation of Ukraine in order to fill the gaps and resolve conflict issues.
ship captain head of diplomatic mission jurisdiction extraterritoriality екстериторіальність criminal proceedings
The health of a nation depends on many factors, among which pharmaceutical provision of the population holds pride of place. The appropriate level of pharmaceutical provision under guidelines of the World Health Organization (WHO) requires the development of the National Medicines Policy (NMP), which is implemented through a socially effective state policy on medicines circulation, i.e., creation, production, quality control, and sale of medicines. According to the WHO methodology, the NMP should pursue global goals: accessibility, quality, and rational use of medicines, on the principles of publicity, openness, reasonableness, and transparency. The author puts forward elements and tools as components of the mechanism of implementation of NMP goals, which embrace all spheres of medicines circulation in Ukraine: pharmaceutical production, pharmaceutical supply system, pharmacy network, rational use of drugs, etc. The substantiation of priority principles in ensuring citizens’ access to medicines has shown the relevance of their determination at management levels (international, national, regional, and microeconomic). The NMP priority in achieving the availability of medicines and their rational use is the improvement of the National List of Essential Medicines, as the state cannot reimburse drug costs of the public. The assessment of the NMP implementation should be conducted under WHO indicators. This makes it possible to carry out an impartial analysis of the pharmaceutical provision of the population and elicit shortcomings at national and regional levels and the level of healthcare institutions. The NMP implementation in the healthcare system and pharmacy is carried out through the relevant regulatory policy of the state, which needs efficacy evaluation. The analysis of factors influencing the NMP development has allowed the author to establish a varied activity and influence peddling on setting priorities of different control objects, principally of political and financial groups, as well manufacturers and large pharmacy chains. Despite the overwhelming number of pharmaceutical workers in pharmacies, their activity and influence on the NMP development are low; this also concerns scientists, the public, and patients.
National Medicines Policy system of medicines circulation essential medicines National list provision of medicines availability
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