Suchergebnisse

The article deals with the questions of the psychologist's activity regarding assistance to the person in crisis. The basics of the theory of crisis intervention are outlined, the concept of crisis is operationalized and criteria for distinguishing between the concepts of micro trauma and micro trauma are introduced. The conceptual apparatus of the approach is developed in detail and the necessity of its unified understanding by practical psychologists is substantiated. The purpose of the article is to analyze the process of crisis intervention in the activity of the psychological service (psychologist), which takes measures to resolve the traumatic situation and reduce its impact on human life. An important factor in crisis intervention is the psychologist's understanding of the nature of the crisis, the severity and mechanisms of its experience. An important place is given to the stages of personal response, which determines the strategy and directions of professional intervention. Analyzing the process of crisis intervention in the activities of a psychologist (psychological service) identified important tasks that should be implemented: 1) the removal of symptoms; 2) recovery to crisis level of functioning; 3) awareness of those events that lead to an imbalance; 4) identify the internal resources of the client and family in various forms of crisis management assistance. The theoretical and practical recommendations given are outlined by the use of the voyage method, based on the real case of a crisis situation, which led to psychological trauma in participants and witnesses. As the above case is related to a terrorist act, the article also provides theoretical and methodological information regarding the specificity of the work of a psychologist with the concept of terrorism and the peculiarities of its impact on participants and witnesses of such acts. Based on the results of the case study, the author formulated practical recommendations for practicing psychologists on what to consider when dealing with an injury, especially if it was caused by an act of terrorism. The article concludes with the need to take into account the emotional reactions of a person to a crisis and the long-term changes in their ability to withstand daily problems. Crucial in dealing with clients is given to the psychological conditions that are discussed in detail in the article.

This article reveals the particularities of proof in cases of discrimination in the field of labour. On the basis of the analyzed special literature, legislation in force, international labour standards and positive legislative experience of foreign countries, specific proposals and recommendations on the improvement of proof mechanisms are made. Special attention is paid to the shift of the burden of proof and the formation of the "presumption of discrimination" concept, saying that in certain cases, when there is evidence prima facie justifying the allegations, the burden of proving the absence of
discrimination can be shifted to the employer. It is determined that in order to recognize the fact of discrimination, it is first necessary to establish two circumstances. First, there is the difference in attitude towards employees. Second, this distinction must be based on prohibited features. The case law of the European Court of Human Rights on discrimination in the field of labor is analyzed and the main positions of the court on establishing the fact of discrimination are highlighted. Types of evidence in cases of discrimination in the field of labor are considered. In cases of discrimination, written evi-
dence, testimony of witnesses, physical evidence, expert opinions, etc. are used. The list of admissible types of evidence may vary from country to country. To solve this problem, it is proposed to expand the range of admissible types of evidence (testing, statistics, audio and video recordings, questionnaires). Requirements for the conditions of admissibility of evidence in cases of discrimination in the field of labor are proposed. Special attention is paid to the position of the European Court of Justice. The article also describes the national mechanism for proving discrimination in the field of labor. It
is also proposed to amend national legislation to improve the mechanism for proving discrimination.

Following the 2017 reform the civil litigation has been significantly changed. The action proceedings, inter alia, have been divided into general and simplified procedures. Therefore, the role of the court in determining the procedure for of the case consideration is decisive, since the law does not impose the obligation to apply to the court in a specific procedure but stipulates respective court power and criteria for its implementation.

Thus, the case may be heard in the general proceedings or in a simplified procedure, which provides for the possibility of a court hearing or without such a hearing, in accordance with the grounds and criteria laid down in Article 11, Parts 4 and 6 of the Article 274, Parts 1 and 2 of the Article 277, as well as Part 6 of Article 279 of the Civil Procedural Code of Ukraine, the common only approaches of which have not yet been achieved in practice. Therefore, the object of attention of the author is the problems of differentiation and determination by courts of specific grounds for consideration of civil cases according to the general or simplified procedure of action proceedings, as well as the appointment of a court session,

based on the analysis of first instances courts decisions, adopted during 2018-2019 and available for the research on the website of the Unified State Registry of Judgments.

As a result, the problematic issues that have arisen in the jurisprudence, in particular, regarding the decisive role of the court in choosing the civil case procedure have been identified and the relevant solutions have been proposed. The role of the court is to determine whether there are grounds for a simplified procedure, whether there are no grounds for a mandatory general procedure for this case consideration, as well as an assessment of the merits and motivation of the plaintiff's and defendant's motions for choosing the procedure for this case consideration, in particular, as it is defined in Article 11 of the Civil Procedural Code of Ukraine. Exercising the abovementioned powers, the court must first of all

proceed with the goals of civil justice and its general principles as well as Article 19 of the Civil Procedural Code of Ukraine.

The article deals with the issue on translating legal terms from Ukrainian into English on the basis of a case study of a newly-coined term in Ukrainian legislation – 'maloznachna sprava'. The relevance of the topic of legal translation from English into Ukrainian and vice versa has become especially acute in light of the Ukraine-EU approximation agreement. While the introduction of simplified civil proceedings is itself a step towards the approximation of Ukrainian legislation to the EU, the next stage will inevitably be comparing and contrasting the existing terms within the Ukrainian and EU civil procedures. Ukrainian simplified procedure aims at considering insignificant cases (Ukr. – 'maloznachni spravy') in a speedy manner, while EU accelerated and simplified civil procedure uses the term 'small claims' for cases with a claim value for up to EUR 5,000. Obviously, these notions are not equivalent, but their meaning overlaps, creating pitfalls for translation. Thus, for proper translation, it is important to specify how the concept of small claims fits into Ukraine's national context. The notion of insignificant cases illustrates the relevance of the linguistic study of legal translations, as well as a need for the consolidation of practical achievements in the field of translation of legal discourse and, in particular, legal neologisms. The purpose of legal translation is to create a text that will be interpreted in the same way by legal professionals in the target legal system as it would be in the original legal system. The aim of translation is not to erase linguistic and cultural differences but to accommodate them, fully and unapologetically. The challenge is to convey the legal text as a fragment of a living legal system. When translating, a translator should strive for equivalence, bearing in mind the harmonisation and approximation of terminologies. The linguistic approximation of national Ukrainian legal terms to the EU terminology should be carefully considered to avoid their misinterpretation with the supranatural terms. The author emphasises the necessity to perform concept analysis between the terms in the EU and Ukraine simplified procedures and comes to the conclusion that despite having surface similarity to the EU term 'small claim', the Ukrainian term 'maloznachna sprava' is, in fact, a much wider concept. A range of translations of legal neologisms are described in the article, and the need to use a literal translation of the term is substantiated. As a result of the analysis of possible translation options and the ECtHR translation precedent, it is recommended that the term 'maloznachna sprava' should be translated as 'insignificant case' within the sphere of Ukrainian civil procedure. Keywords: legal translation, Ukrainian-English translation, small claim, insignificant case.

Civil law provides both general rules that provide the grounds and procedure for liability for damage to a person, and special grounds for bringing or release from such liability in the event that the person causing such damage carried them out in self-defense or extreme necessity. Therefore, it is important to clarify the specifics of civil liability of a person in the exercise of his right to self-defense and in a state of extreme necessity. The grounds and procedure for bringing a person to such responsibility are determined, the peculiarities of the subject composition are determined. A thorough study of the Civil Code of Ukraine to determine their compliance with the general principles of civil law and the need for appropriate changes and clarifications for proper legal regulation of grounds for liability and release from liability for damage caused by a person exercising his right to self-defense and in a state of extreme necessity . The development of civil legislation of Ukraine in terms of compensation for damage caused by a person in the exercise of his right to self-defense, in conditions of extreme necessity and necessary defense in order to identify gaps and contradictions and formulate proposals for recoding the Civil Code of Ukraine. The purpose of the study is to define the concept of self-defense and extreme necessity, as well as to determine the grounds and conditions of civil liability for damage caused by a person exercising his right to self-defense or in extreme necessity, as well as sanctions applied to a person. The object of the study is the legal relationship arising from the prosecution of a person who caused harm in a state of extreme necessity or in the exercise of his right to self-defense and the application of civil sanctions. To achieve this goal, the following methods were used: formal-legal to study the legal regulation of legal relations; analytical for the correct interpretation of the scope of legal content; system-structural to determine the legal nature of the studied legal relations; historical and legal for the analysis of the development of civil legislation; dialectical to identify contradictions in legal relations and legal regulation. It is noted that in determining the content of self-defense committed by a person, it is necessary to take into account the legal nature of legal relations, as the performance of self-defense actions of a legal nature are mainly contractual obligations, and self-defense actual actions – noncontractual obligations, including tort obligations. The prevailing position in civil science is that self-defense is a way of protecting civil rights and a non-jurisdictional form of realization of this protection. It is noted that self-defense can be carried out in the form of both factual and legal actions, which can be both legal and illegal. Manifestations of self-defense are measures of operational influence, which in science are called operational sanctions. They are designed to prevent specific offenses, usually in contractual obligations and can be applied by a unilaterally authorized person out of court. Varieties of such sanctions are unilateral withdrawal from the contract; unilateral termination of the obligation; actions of the commission agent, aimed at unilateral retention of the thing to be transferred to the principal, in order to ensure their claims under the contract; actions of the commission agent aimed at unilateral deduction of the amounts due to him under the contract, received by him for the principal. Illegal active and passive actions of self-defense can lead to harm to the life, health of the offender, his property, which can lead to prosecution of the person for the damage. The analysis of the norm of Art. 1169 of the CCU, which regulates liability for damage caused by a person in the exercise of his right to self-defense. It is noted that the norm of Part 2 of Art. 1169 of the Civil Code is formulated unsuccessfully, because it does not contain information about "another person" who was harmed by a person who carried out self-defense against unlawful encroachments, and therefore it is not clear who may be obliged to compensate him. In this regard, it is proposed to make appropriate changes to the norm under study in terms of clarifying the person who may be obliged to compensate, introducing the term "causer" of the damage along with the term in the article "person who committed an illegal act". As a general rule, damage caused by a person in cases of exercising his right to self-defense is reimbursed only if the limits of necessary defense are exceeded. In this case, the right to apply a sanction for damages has a person whose actions have become the basis for the application of self-defense. Damage caused to third parties in ways not prohibited by law and which do not contradict the moral principles of society, is compensated by the person who committed the illegal act, and in other cases – by the person who carried out self-defense. That is, in the first case, the third party has the right to apply sanctions for recovery. Keywords: sanctions, liability, protection, compensation for damage, tort, operational measures.

The article examines the content and nature of such established standard of fair justice as impartiality of the court. The latter is widely interpreted in case law of the European Court of Human Rights. Based on a systematic analysis of the array of ECHR judgments, a number of significant positions, characterizing the standard of impartiality of the court, have been identified. These include: 1) impartiality of the court is in dichotomous interrelation with the category of "partiality"; 2) the impartiality of the court is assessed by two criteria: (a) subjective, which is in a plane of the judge's personality and beliefs; (b) objective, which is in a plane of existing safeguards and mechanisms to be used by the court to avoid reasonable doubt about partiality and accusations of being partial; 3) determining influence of the external manifestation of impartiality of the court; 4) expedient reasonability of doubts about impartiality; 5) diversity and unlimited range of situations that may cast doubt on the impartiality of the court. Given that the ECHR assesses impartiality of a national court on the basis of subjective and objective criteria, it has been given special attention and the specifics of its application have been determined. In the process of analysis, it has been concluded that emergence of such criteria is due to the complex ethical and legal nature of the studied standard. It is substantiated that the standard of impartiality of the court has its roots in the moral basis of the judicial profession, which has evolved and transformed into a system of rules of professional conduct and legislation targeted at achieving the objectives of justice and realization of the right to a fair trial. The ethical nature of the impartiality of the court determines assessment of compliance with this standard on a subjective basis. At the same time, its legal nature, which covers the institutional and procedural components, promotes development of the relevant guarantees in the national law, existence of which is a criterion for assessing impartiality of the court by an objective criterion. In the context of the latter thesis, the special importance of the institution of recusal of a judge as a procedural guarantee of the impartiality of the court is emphasized. It is argued that in national civil, commercial and administrative proceedings, as well as the rules and procedures for disqualifying a judge need to be improved in the direction of implementing the postulate "no one can be a judge in his own case." Keywords: impartiality of the court, independence of the court, fair justice, right to a fair trial, criteria for assessing the impartiality of the court, standards of justice

The article examines the functioning of the judicial procedure for establishing the facts of birth and death on the temporarily occupied territory of Ukraine in terms of its regulation and effectiveness. The authors analyze the procedural nature of the separate proceeding according to national legislation of Ukraine in comparison with legal framework of several foreign states. As a result, it has been stated that the establishment of the above-mentioned legal facts is not the only Ukrainian know-how. Specific attention has been paid to the issues of juridical technique regarding the determination of participants that can submit an application in order to set a fact of birth or death of a person. In particular, it has been found that Ukrainian legislator does not circumscribe such categories as "persons who can hand in an application" and "applicants". It has been delineated that lodging an application by the applicant's attorney does not substitute the presence of the independent legal interest, which is necessary to become applicant. In addition, the article explores the process of proving. It has been concluded that the burden of proof rests on the applicant. However, the court is obliged to be an active participant of the proving in order to establish the circumstances of the case, namely: to request evidence, order to carry out expertise etc. The subject-matter of the cases concerning the establishment of facts of birth or death of a person on the temporarily occupied territory of Ukraine comprises, inter alia, the circumstances regarding time and place of birth (death), familial relationships between the applicant and the person who was born (died). Finally, the article examines the enforcement of the "Namibian exception" in the context of the evaluation of the evidence.

As a result of the reform of the Ukrainian Civil Procedural Law in 2017, civil justice has undergone significant changes. That is, – courts of first instance may consider civil cases in a general proceeding or in a summary proceeding.

The issue of legislative regulation and practical implementation of summary proceeding in civil litigation is in the focus of scientists and legal practitioners. To date, a separate Chapter 10 of Section III of the current Civil Procedure Code of Ukraine, which has the title – "Review of cases in summary proceedings" is devoted to a summary proceeding. This Chapter of the Civil Procedure Code of Ukraine determines the categories of cases to be considered in the procedure of summary proceedings, as well as the cases that cannot be considered in the procedure of summary proceeding, procedural features and the procedure for considering such cases.

At the same time, there are a number of disadvantages that cause certain problems that negatively affect to the theoretical basis and practical aspect of summary proceeding implementation in civil litigation in the part of the normative consolidation of the summary proceeding in the Civil Procedure Code of Ukraine.

Consequently, the issue of "minor cases" and the determination by courts of grounds for the consideration in summary proceeding of civil cases is the subject of our attention in this article.

Particularly these issues concern the lack of legal definition of the concept of "minor cases" at the legislative level, as well as the lack of clear criteria for assigning a particular case to the category of "minor" ones. Special attention should be paid to the effectiveness of the introduction of so-called "cassational filters" for minor cases in the current Civil Procedure Code of Ukraine.

The authors concluded that it is necessary to give a legitimate definition of the concept of minor cases and clear criteria for their definition as well as the fact that the institution of summary proceeding requires further improvement and development.

So, it is considered appropriate to draw attention to motivating the courts` decisions, as well as wider application of the provisions of the principles of proportionality of civil judicial proceedings and cooperation between the parties and the court to ensure the realization of the main task – the effective protection of claimant`s violated rights.

The article explores the court fees related to the execution of court orders, which are addressed to the competent authorities of foreign states in civil cases with a foreign element. The Civil Procedure Code of Ukraine does not state that the costs associated with the execution of court orders, addressed to the competent authorities of foreign states, are court fees. Therefore, the questions on which of the above fees can be attributed to the courts fees and the procedure for their reimbursement are raised. The importance of clarifying these issues requires the application of the uniform approaches to such cases consideration in Ukrainian courts. It is determined as the main purpose of this article. The case-law shows that in most cases where a court needs to apply to a competent authority of a foreign state, the person concerned must pay for the certified translation of the statement of claim and the attached documents into the official language of the requested state and pay for service of documents. In our conclusions, we propose to divide the court fees associated with the execution of court orders addressed to the competent authorities of foreign states, depending on the procedural actions that are being carried out, and to include the fees associated with the execution of court orders addressed to the competent authorities of foreign states, to the fees associated with the case, namely to the fees associated with other procedural acts necessary to the case consideration or to prepare for its consideration, which will ensure the right of the interested party to reimburse such fees in future.

The article deals with the legal regulation for removal from the right to inheritance and law enforcement of the norm of Art. 1224 of the Civil Code of Ukraine. The study aims at developing the theoretical foundations of the application of this legal norm on the basis of analysis of legislation and case law. Such methods and approaches as systematic analysis and competent legal interpretation have been applied. The Civil Code of Ukraine regulates cases and removal of grounds for the right to inheritance. Article 1224 of the Civil Code of Ukraine is applied to heirs at law; it distinguishes cases and grounds for exclusion from the right to inheritance by various criteria. However, what is typical for the countries of the continental group, the law needs to be clarified, first of all at the level of law enforcement practice. The highest jurisdiction of Ukraine – the Supreme Court of Ukraine and the Supreme Court, made appropriate clarifications and interpretations of relevant legal norms at the general theoretical level (decision of the Plenum of the Supreme Court of Ukraine) and at the level of unification of general practice through expressing a legal position in specific cases. Such interpretation should be considered clearly and sufficiently for further processing. However, judicial interpretation is not competent to correct legislative inaccuracies. And the case law itself is characterized by a tautology and inconsistency, when the departure from the previously adopted legal position is disguised under the difference of legal and factual grounds of the claim. The results of such miscalculations include variability of methods of judicial protection for the heirs of the first turn (paragraph 2, part 3 of Article 1224 and part 5 of Article 1224 of the Civil Code of Ukraine) and procedural difficulties in proving claims – proving the testator's helplessness, address need assistance from the defendant, etc. In addition to legal uncertainty, which results in the poor functioning of institutions of exclusion from the right to inherit, this state of affairs creates grounds for abuse of rights. The authors propose measures to solve the problem, which can be divided into several groups. The first concerns amendments to Paragraph 2, Part 3 of Art. 1224 and Part 5 of Art. 1224 of the Civil Code of Ukraine: in terms of the subject composition, in particular, the permission of the heirs of other than the first turn, the order of inheritance, to sue on the basis of Paragraph 2 of part 3 of Article 1224 of the Civil Code of Ukraine. The second is aimed at intensifying the institution provided by Paragraph 2 of Part 3 of Article 1224 of the Civil Code of Ukraine, inter alia, due to the uniformity and consistency of judicial practice. The introduction of the principle of participation in inheritance by bona fide heirs as a reward for their care of the testator, and the relatively easy removal of the right to inherit those who did not show such care, will also contribute to the revival of law enforcement. Finally, the third group of measures is related to the promotion of inheritance through wills, which will limit the number of disputes in inheritance cases (mainly cases of invalidation of the will) and put an end to the issue of exclusion from the right to inherit.

The article is devoted to the issue on protecting the employees' labour rights in case of an employment dispute, which is considered regarding corporate rights of company owners. The article emphasizes that during work employees are bearing more and more rights and obligations that are realized in different types of relationships. It is also stated that in case of disputes arising from employment relations, courts need to take into ac- count basic factors of labour law. The purpose of this article is to develop proposals for to improving the mechanism of for the protection of emplyees' labour rights. In order to achieve this goal, the author analyses judicial practice regarding the protection of employees' labour rights in disputes related to business entities' functioning, as well as it reveals the contractual nature of labour relations and formulates the proposals on creation of legal conditions for the pro- tection of employees' labour rights. The subject of the study is the judicial protection of company owners' corporate rights and the labour rights of employees. The object of the study is the protective legal relations that arise in the process of resolving labour disputes by the courts of Ukraine. The deductive method used in the work made it possible has allowed the author to substantiate the need for a clear distinction between labour and corporate rightslaw, consider- ing labour disputes and as well as the necessity to take into account the specifics of the method of legal regulation in labour law, in particular the contractual nature of the entrenching of on rights and obligations. The method of induction has revealed the theoretical and practical problems of the distinction between corporate and labour rights. The theo- retical and prognostic method has been used to substantiate the proposals for the improvement of labour legislation to protect the labour rights of employees. Categories and methods of formal logic have been widely used in the work: concepts, definitions, proofs, judgments, analysis, synthe- sis, analogy, comparison, generalizations, etc. The paper focuses on the judicial bodies' powers on the necessity to allocate the specialization of judges for the consideration of labor cases. Based on the case law analysis, the improvement of the national labour legislation on wrongful dismissal is proposed. In fact, every court case in which labour disputes are settled has its own peculiarities and specifics, which in its turn requires the specialization of judges who have to consider labour disputes. It is the specialization of judges in Ukraine that will provide an opportunity not only to guarantee the emploees' labour rights, but to practically improve the mechanism for the protection of employees' labour rights enshrined in collective and employmentagreements.

The article compares the American copyright system (from its inception, borrowing the basics of the English system to the establishment of the principle of "fair use") and the Ukrainian system, which provides a specific list of cases allowed as a restriction of copyright (enumerated system) by establishing in national legal acts of the three-stage test provided by the Berne Convention. The article examines not only the legislation of Ukraine and the United States in this area, such as: the Federal Copyright Act of 1790, the second Federal Copyright Act of 1909, the Copyright Act of 1976, the Civil Code of Ukraine, the Law of Ukraine "On Copyright law and related rights" but also the case law of the United States, which is a key element in regulating disputes in the area under discussion. The author analyzes a number of cases through the prism of changing approaches in the US system of property rights restrictions, namely Philpot v. Media Research Center Inc. No. 1: 17-cv-822 dated January 8, 2018; Peteski Productions, Inc. v. Leah Rothman No. 5: 17-CV-00122 dated August 30, 2017; Rosen v. eBay, Inc., No. 2: 13-cv-06801-MWF-E of 16 January 2015 and Corbello v. DeVito No. 2: 08-cv-00867-RCJ-PAL June 14, 2017. As a result of the research, the author determines that the national legislation establishes an exhaustive list of works that are its objects, at the same time, the ways of using the work depend on the type of particular work. Therefore, an exhaustive list of all possible ways to use the works is not provided. U.S. law provides for an exhaustive list of copyrighted works and an exhaustive list of ways to use such works. And the doctrine of "fair use" in the United States provides that in determining whether the use of work in any particular case is fair, there are at least 4 factors to consider. Keywords: the principle of "enumerated system", the system of "numerus clausus", the concept of "exceptions and limitations", US copyright law, the doctrine of fair use, the Agreement on guidelines for copying in non-profit educational institutions, free use of works, three-stage test.

Virtual media like television or other types of media influence the audience from year to year more and more powerful. The role of social networks as a source of information and its interpretation is growing especially rapidly. Modern pagans (neo-pagans) in Ukraine represent a small part of religiously oriented citizens of Ukraine. However, they are also present in the information virtual space. And not only in their social groups and pagan sites. Quite often, representatives of the pagan movement of Ukraine and their worldview and lifestyle became the objects of news related to conflict situations. Typically, in virtual media, information was conveyed through the prism of "pagans and others". Thus, voluntarily or involuntarily, there is the perception of the pagans in Ukraine and the pagan movement as a whole is somehow exotic, extravagant, sometimes dangerous and even hostile. Although paganism is not widely known in Ukraine, it is also not informationally isolated. For the majority of the population of Ukraine, paganism is more associated with "Ivan Kupala", jumping over a fire and spectacular historical reconstructions. However, the media covers not only holidays and interesting rituals, but also conflict situations related one way or another with the rejection of the pagans and their worldview. I focused only on the most resonant cases, which received quite noticeable and lengthy coverage in the Internet media. Among them: the destruction (burning, logging, dousing) of the shrines of the pagans. Such cases became especially resonant on Khortytsya island in Zaporizhzhia, where one of the centers of the pagan movement of Ukraine, the Ruske Pravoslavne Kolo, was deployed. The acts of vandalism and religious hatred also took place in the other cities of Ukraine. Among the most high-profile cases is the destruction of a wooden statue of Perun and a stone sculpture of Svitovid (a copy of the Zbruchansky idol) in Kyiv. Also publicized was the case of the taking away by social services of children from pagan parents in Buki willage in the Zhytomyr region and their return through the court. Relations between pagans, Ukrainian Greek Catholics, and the local population of the Gusyatinsky district in the Ternopil region were difficult, too. Stormy discussions on social networks caused the burial of the pagan who died in the war, Marian Nayda.

The language of folklore is peculiar. It has distinctive features at each linguistic and structural level. The grammar of works of oral folklore also has its specifics. The vocabulary of the folklore language should have an expressive linguistic direction. The vocabulary, or the register part of the linguistic dictionary, must contain grammatical information about the word. It is almost impossible to provide all the grammatical information about a lexeme entered into the dictionary register. Compilers of lexicographical works always have to limit themselves to a certain minimum necessary and sufficient to fulfil their purpose. In this paper, we will offer such a grammatical minimum, which, in our opinion, will be adequate for a qualified lexicographical description of the grammar of those verbal facts that are available in the language of folklore.The language of folklore is primarily oral speech, characterized by variability, not only at the level of texts but also at the grammar level. Traditionally, nouns are inflected with the genitive case. In this case, the main variants of inflexions must be reflected in the Dictionary of Oral Folklore. For head nouns, it is necessary to give a remark indicating the gender. It is also essential to record specific data on the number category to mark plural nouns. Adjectives, ordinal numerals, and adjectival pronouns are recorded in the original form (masculine singular nominative case). Unstressed and short forms are pretty typical for folklore texts. This expressive grammatical feature of the parts mentioned above of speech also needs, in our opinion, to be reflected in the dictionary entry. Traditionally, in Ukrainian lexicographical works, pronouns, adverbs, interjections, and service parts of speech are indicated. Dictionary entries, which include verbs, usually given in the infinitive, will traditionally be accompanied by personal forms (first and second-person singular or other endings if necessary). Be sure to indicate the type of verbs, the category of transitivity and, if necessary, intransitivity, especially in cases where the verb can appear in folklore texts in both grammatical forms. We believe indefinite forms in -ти and -ть should be given in one dictionary entry. Verb variants with the suffixes -ова and -ува should also be given in the same entry, but the form in -ова should be given separately without interpretation and cross-referenced to the main form with the suffix -ува. Grammatical information may also include those parameters that appear irregularly and are, therefore, unpredictable in a certain general model of lexicographic description.

This article deals with the novelties of the reformed procedural legislation of Ukraine on appealing the decision of arbitration court and international commercial arbitration, as well as on new approaches to determining the legal nature of the proceedings in cases of appealing arbitration awards.

At the same time, this study shows that the specific practical problems of a unified approach to terminology absence, in particular, "appeal" by arbitral tribunal or "challenge" by international commercial arbitration, still remain. In this article the problems of determining the objects of appeal and the expansion of the range of subjects of appeal against the decisions of arbitral tribunals, as well as the disputable issues, determining the jurisdiction of this category of cases are also considered. Special attention is paid to the examining the procedure for reviewing applications for annulment of decisions of the arbitral tribunal and international commercial arbitration, in particular the initial stage of production, time limits for challenging the arbitration award.

Taking this into account, authors identify the ways to resolve the abovementioned practical problems, as well as the prospects for further reform of the judicial review institution over the enforcement of arbitral tribunals and international commercial arbitration decisions. In conclusion, authors prove, that the activity of national courts does not include the revision of the decisions of arbitration courts and international commercial arbitrations, since national courts do not check the legality and validity of the decisions; they do not review the substantive decision.

In this case we consider a special mechanism for the control over the abuse of arbitrators' powers granted to them by law and by the parties to the arbitration agreement during the dispute resolution.The purpose of an appeal is to provide the interested party with the opportunity to apply limited judicial review of the arbitral award.