Suchergebnisse

The revolutionary transition of power to democratic forces after the "dignity revolution" in 2014 in Ukraine did not indicate the absence of contradictions within the new ruling class, because patriotic and devotion to democratic transformation are not the only condition for the consolidation of the ruling class. The democratic theory of the elite, which corresponds to the essence of the designated form of government, recognizes the existence of a select minority (elite) in each of the social spheres, which owns intellectual and voluntary law, not leadership. The relations between the elites are not stable, but on the contrary may become exacerbated in the fractured periods of history In the countries of "young democracy", the relationship between the political and military elite is controversial lace of relations, because the military elite represents a closed "group of interests" in politics, so it can move from supporting the ruling class to a strong opponent of relations. Even the neutral position of the military elite includes a variant of interference in political processes of power scale. Revolutionary changes on Ukraine's path to European integration may have been deeply embedded in the formation of a new military elite that has tempered itself in the armed struggle with the Russian-separatist forces, was engaged in joint exercises, and most importantly, in business cooperation with representatives of the military elites of the West, which have a long tradition Serious interaction with the ruling class. Taking into account that social and political processes in Ukraine can be compared with developing countries, the whole set of contradictory relations between the political and military elite in our country should be directed to the general line of constitutional-legal civil-military relations.

The article analyzes theoretical and legal, comparative and applied as well as terminological and conceptual aspects of the process of interpretation by the administrative courts of Ukraine of general and military-special regulations that are important for making informed decisions in military and legal public disputes. In order to determine a systematic approach to the possibility of reversing the execution of court decisions in administrative cases on appeals against decisions, actions and omissions of the subject of power, the subject of which is the payment of one-time cash benefits to servicemen, conscripts and reservists in case of death, total or partial disability, a systematic analysis of terms, words and phrases in the context of the normative content of Article 381 of the Code of Administrative Procedure of Ukraine has been conducted. Based on the study, a logical conclusion has been made regarding the diversity and ambiguity of general legal terms, terminological phrases enshrined in the normative content of Article 381 of the CAP of Ukraine and their inconsistency with military-special terms and phrases enshrined in the normative-legal legislation of Ukraine, in particular in the field of military service and military-social legal relations. The results of the study allow the application of the provisions of Article 380 of the Code of Administrative Procedure of Ukraine on the reversal of a court decision to the disputed military-protective legal relations. Further research on the peculiarities of the application of military and social legislation by administrative courts of Ukraine should be carried out by taking into account the requirements of military and social legislation of developed foreign countries and the current practice of the European Court of Human Rights.

The time limits of the life of one generation are about 25-30 years, so lived in the struggle for building its own state and its armed defence, this time for Ukraine goes down in the history of the first generation of creation and attempts to comply with four military doctrines (1993-2004-2012-2015), in which our own defence course was proclaimed.
The theoretical basis of these official documents of significance were certain paradigms of military-political thinking, according to which Ukraine did not consider it a continuation of politics. The direction and principles of military policy (defence or security policy in European terminology) for modern Ukraine from the mid-20s of the XIX century, as well as 100 years ago, again came to the fore in connection with the implementation of previously abstract concepts " annexation "," occupation "," war ", which allegedly did not exist for our country in recent history. But today they have been embodied or, in the image of Franz Kafka, "reincarnated" into threatening forms of Russia's military practice against our state, the end of which is not yet visible in the near future. The military-theoretical and political response was the "Military Strategy of Ukraine" in 2021, which "opened" a new generation of paradigms of militarypolitical thinking. The main thesis is the belief that the protection of sovereignty and strengthening of military security is the military-theoretical and political response was the "Military Strategy of Ukraine" in 2021, which "opened" a new generation of paradigms of military-political thinking. The main thesis is the belief that the protection of sovereignty and strengthening of military security is the creation of a "comprehensive defence system" with the integration of all forces of the state and civil society, law enforcement agencies and volunteers, administrative regions and territorial communities.
The military-theoretical and political response was the "Military Strategy of Ukraine" in 2021, which "opened" a new generation of paradigms of military-political thinking. We will prove that this is a philosophy of military security instead of the previously expressed doctrinal military-political ideas of entrusting a matter of national importance to the forces of the defence sector. The new generation of public life Ukraine will begin with a new paradigm of militarypolitical thinking, the central idea of which is the transition from hopes for the political levers of defence for international cooperation to the creation of a system of comprehensive national security with the synergistic potential of Ukrainianity.

The article studies the issue of scientific and practical validity of applying ethical principles of society as regulatory factors of civil law of Ukraine. Taking into account the lack of validity of ethical principles of society as regulatory factors, the author attempts to make a correlation between the content of such principles of civil law as fairness, integrity and reasonableness, on the one hand, and ethical principles of the society, on the other hand.

The author of the paper proves that it is inappropriate to apply the provisions of morality as regulatory factors for the regulation of civil relations.

The conclusion on the objection to the civil regularity of ethical principles of society is based on several theses. Firstly, moral rules are not formalized, which creates a threat of arbitrary interpretation of their content. Secondly, ethical principles do not have a definite source of origin. Thirdly, the fundamental ethical rules have already been taken into account in the content of the principles of fairness, integrity and reason, which in turn create competition between the two types of regulatory factors. Unreasonable duplication of regulatory requirements reduces the functionality of the law, complicates the perception of its requirements. The competition between the principles of law and the ethical principles of society must be eliminated by refusing to give the latter the function of regulatory factors.

The author of the paper does not deny the possibility of taking into account the ethical principles of society while regulating the relations that have been neglected by the "official law".

Based on the ideas of historicism and continuity in the development of political and scientific concepts, the article traces the influence of the Cyril and Methodius concept on the creation of an independent state on the principles of respect of the national identity of the Ukrainian people, its leading role in liberating all Slavic peoples from the tsarist government and choosing democratic institutions and the structure of the state following the example of the Federation of North American States. On this basis, the further humanistic tradition of Ukrainians in creating their own military sphere is revealed. Insufficient attention to it had led to sad consequences - the inability to defend the revolutionary achievements of the civil war in the 20s of the last century, the defeat of the national liberation armed resistance to the Stalinist-Bolshevik regime of 30-40's XX centuries in Western Ukraine, the lack of modern military doctrine at the intersection of the XX - XXI centuries and a weakened military organization, which at first could not adequately resist Russian aggression in eastern Ukraine.
However, the positive influence of the Methodists on this part of the national spirit and existence was to foster a new generation of fighters, humanists, scientists to activism and the creation of a theory (doctrine) of the Ukrainian national military sphere. The concept of the Cyril and Methodius was a synchronous liberation movement of Ukrainians together with other Slavic peoples, to jointly oppose the tsar and rely on the strength of the armed people, without elaborating on the army, military organization in general. According to the methodological guidelines, to evaluate the achievements of predecessors not by mistakes, but by what had been done, the humanistic tendency of prominent members of the society to struggle for the freedom in Ukraine is revealed. Cyril and Methodius inspired (Ipokrena) a new generation of fighters, humanists, scientists of the "Kiev" military-theoretical school to substantiate the peculiarities of the Ukrainian national military sphere.
The next generation of Ukrainian thinkers managed to realize the urgent need to create the theoretical foundations of the military sphere on the borderline synthesis of democracy, humanism, revolutionary romance of members of the Cyril and Methodius Society with strict requirements of military necessity.

The event of the thirtieth anniversary of Ukraine's independence [1] provides an excellent opportunity to sum up the interim results, analyse the achievements made in building an independent democracy, as well as to understand the miscalculations that can hardly be avoided. Legal science plays a huge role in this, particularly, its part related to the field of administration of justice in civil cases which is ensuring the effective settlement of civil disputes and the administration of civil justice. In view of this, the purpose of the study is to establish the contribution of legal scholars of Taras Shevchenko National University of Kyiv in the development of the doctrine of the science of civil procedural law during the period of independence of Ukraine since 1991. To achieve this goal, scientific methods of analysis of the main legislative acts regulating civil procedural relations were used, the provisions of those studies were singled out and characterized; the latter proposed new approaches to improving the mechanism of exercising the right to a fair trial, ensuring access to justice in civil cases; development and improvement of civil justice in the context of modern international, in particular, European approaches. The results of the study revealed more than forty dissertation researches, which were promoted during the selected period at the University, as well as a number of scientific studies that significantly influenced the development of the national tradition of civil procedure. The conclusions summarize the results of the study and identify areas for further development of research in the field of civil procedural law of Ukraine. In particular, it is noted that today special attention should be paid to the need for proper implementation in Ukraine of the concept of the right of everyone to a fair trial, guaranteed by the European Convention, as well as to increase out-of-court settlement of disputes mediating the right to access and freedoms in the modern world. It is important to understand the global trend of reconciliation of the parties as the most effective settlement of disputes and the spread of various ways that allow the parties to find the most convenient and effective way to protect their rights. Keywords: civil process, Ukraine, access to justice, legal doctrine, Kyiv University, Civil Procedure Code of Ukraine.

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 is devoted to the social philosophical comprehension of problem of sharpening conflicts in modern Ukrainian social live, exposure of world view and methodological principles of research of these processes, their origin, decision and decline of level of conflict opposition in society on the basis forming of civil culture and tolerance. Historical and philosophical digression in the process of research and explications of maintenance of conflict shows, that by terms «discord», agonic, «line», and sometimes «war» characterize a fight for principles of opposite social positions. Scientific discourse of conflict evolved from understanding of this phenomenon of fight on almost space scale to the theory of conflict as positively functional the social-group phenomenon. The classic theories of elites, which grew on soil of sociology of society, marked opposition of the states of stability and conflict, while the synthetic meta theory of conflict, which we consider methodological basis of our analysis, goes out from a reconstruction the conflicts of necessary dynamics of the transitional states: war – truce – conflict. Such approach allows adequately estimating prolongations of high level of conflict the different spheres of Ukrainian sociality. It especially touches the conflict of different socio-political and civil cultures of East to the West of country, conflicts of the not «guided emotions» and conflicts of social institutes: the states with the structures of active civil society. Finding of general interest in relation to a maintenance and steady development of the Ukrainian state, increase of level of civil culture of peaceful cohabitation of different ethnic and national associations and their cultures, tolerant attitude toward the moments of distinction and non-coincidence of the valued orientations is the most reliable way of keeping the internal peace in the conditions of stuck us «hybrid» war.

Development of information technologies, cryptocurrencies and technology of distributed networks has caused the appearance of smart con- tracts as new types of civil contract. They have been widely used in recent years in such areas as initial coins offering (ICO), financial sector, inter- national trade and public services. At the same time the legal status and legal regulation of smart contracts are uncertain. These uncertainties cause many legal risks of smart-contractsutilization. The purpose of this article is to find out the conception of smart contract as a form of civil contract, to research its legal status and legal regula- tion issues and to develop proposals for the improvement of legal regulation of smart contracts and cryptocurrencies in Ukraine. By its legal nature a smart contract is a digital form of a civil contract realized in programming code automatically executed in a distributed network. Like a civil contract, smart contract has such elements as parties, subject and essential terms of the contract. The legal force of a smart contract depends on whether it includes the fundamental features of a civil contact, such as evidence that parties have intention to create legal relations, understandabil- ity of contract conditions and possibility to perform the terms of the contract under duress. The main advantages of a smart contract are its ability to significantly accelerate and reduce costs of the transaction and guarantee the fulfillment of contract terms regardless of the contractual parties' and third parties' will. The main risks of a smart contract are uncertainty of legal status of a smart contract and cryptocurrencies as a means of payment, complexity of expressing the contact terms in a mathematical algorithm, risk of software bugs and hacking attack. To solve the problems of legal regulation of smart contracts in Ukraine it is necessary to change the legislation in order to settle the legal status of cryptocurrencies and recognize a smart contract as a form of a civil contract. It is necessary to identify parties of the smart contract, confirm their agreement on the terms of the smart contract by using digital electronic signature. A smart contract should be supplemented by text application containing the es- sential terms of the contract which will have legal force in trail. It is necessary to implement blockchain technology in the state registers and pro- vide legal ability to make adjustments in the registers automatically for the performance of smartcontracts.

The purpose of the article is to study current issues of regulation of family relations under the marriage contract, to define the concept and content of the marriage contract in the light of new trends in notarial and judicial practice of Ukraine. For this research a number of general scientific and specific legal methods have been used, namely analysis of the legal issues, judicial categories, applied comparative-legal, systematic- structural, formal-logical methods and etc.. The author proposes a systematic approach to the study of problems of changing legal regimes of marital property under the marriage contract. It is based on the author's understanding of the concept and the legal nature of "legal property regime" in science of civil and family law of Ukraine, and analysis of the existing judicial practice within mentioned-above sphere. The notion "change the legal regime of marital property" and "change of property types" are not identical in content. The change of the legal regime of the spouses' property does not provide for the transfer of ownership of this property. It is proved that the legal regime of the property of spouses under a marriage contract can be changed only regarding the property, which will be acquired in the future. The effect of legal regime of separate property on the property, which was acquired by spouses in marriage (common property) is in contradiction with part 5, article 93 of the Civil Code of Ukraine. In this case there is actually a transfer of ownership. It is proposed to expand the range of legal relations that can be regulated by a marriage contract, namely: to include not only property but also personal non-property relations of brides and spouses. The author also proposes the definition of marriage contract as a legal instrument between spouses or fiancé and fiancée, which determines their property and personal none-property rights and obligations, in particular, regarding the establishment (change) of legal regime of future property, the regulation of its usage and dispossession, division of revenues and expenses and their property and personal non-property rights as parents in marriage and (or) in case of divorce. Keywords: family law, marriage contract, legal regime of spouses' property, joint common ownership, joint partial ownership, regime of separate property of spouses, regime of common property of spouses.

The article analyzes the Ukrainian national elite of the postcolonial era through the prism of citizenship. In recent years, the interest in elitist issues has been grown significantly. In modern socio-humanitarian field, the issues of the elites' role in the modern world, the criteria for evaluating different elite's activity, the measure of their citizenship, patriotism and professionalism are often discussed. Positive social transformations in many respects depend on the qualitative state of modern Ukrainian elites, on their socio-political maturity, on their willingness and ability to consolidate Ukrainian society, on the level of their responsibility for the fate of Ukraine. The author of the article follows to the concept of plurality of elites (based on the idea of distinguishing elite groups in the fields of their leading activities), which enables the allocation of political, ideological, publicadministrative, military, economic and engineering, scientific, spiritual, medical, educational (pedagogical), cultural-artistic, religious, informational, sporting, etc. In the post-colonial period, all these elite groups must become an integral elements of the Ukrainian national elite. In article the citizen is analyzed as a subject of qualitative social transformations in the post-colonial period, as well as civil practices of self-organization of society in the context of modern transformational processes in Ukraine by the article. The phenomenon of civic activity of an elitist person is analyzed in a theoretical, methodological and empirical perspective. The article deals with theoretical and methodological bases, structure and development peculiarities of the civil position of the personality. Civil society is seen as a cultural and historical type of society. The peculiarities of its formation and functioning in post-colonial Ukraine are analyzed. The author suggests his own periodization of the civil society development in Ukraine. So, the Ukrainian national elite would become the true subject of decolonization of Ukraine and positive social transformations only when all its representatives will begin to perform their core functions in a responsible way: culture-creating, state-building, nation-building, as well as consolidating, creative-transforming, forecasting, motivational, mobilizing, administrating, spiritual-ideological, identification, patriotic, humanistic, axiological, democratic, stabilizing, strategic, security, etc. The Ukrainian national elite must respond on time to the challenges posed by time (globalization, ecological, economic, technological, informational, etc.). The most important for modern Ukraine isn't only the formation of an effective and responsible political elite that could consolidate other elite groups, directing their activities in a constructive way, but also ensuring its timely rotation, qualitative upgrading, de-oligarchy and overcoming its alienation from society. The national elite must carry out highquality legal, political, socio-economic, socio-cultural, technological, ecological and other transformations; to support the integrity and spiritual unity of society, the development of democracy and self-organization processes in Ukraine, the formation and approval of a civil-political and European civilization identity of Ukrainian citizens.

The court's jurisdiction with regard to employment disputes is a new and unexplored aspect of the application of current labour legislation. The transformation of social and economic relations, an extensive system of specialized courts and the change of established approaches to the subject matter of labour law fundamentally modify the perceptions of labour law's place and role in the legal system of Ukraine. It leads to a reconsideration of traditional approaches to the jurisdiction in general and to the jurisdiction over labour disputes in particular. The main research method is an analytical method that has been used to analyse and categorize legal conclusions of the Great Chamber of the Supreme Court and to identify the relationship between them and the theory of labour law. The principal outcome of the research is that established approaches to the subject matter of labour law are now dated and bound to decline. The current case law of the Supreme Court continues to be in the forefront of changes concerning the application of the law and it also has a significant impact on the basis of labour law. The labour disputes nowadays can be resolved within the civil jurisdiction (based on a labour agreement), the administrative jurisdiction (labour relations in the public service) and the commercial jurisdiction (the appointment and dismissal of directors in companies). Before, the Great Chamber identified a number of labour disputes that should be settled within the alternative dispute resolution procedure.

The review evaluates the content of the monography. It has been concluded that the idea of the monograph is relevant since the rules of international treaties of Ukraine (namely, bilateral agreements on legal assistance) and the Law of Ukraine on Private International Law (hereinafter: PILA) contain some gaps and uncertain provisions regarding international succession law issues which need to be filled or revised respectively. We support the author's suggestion to make such amendments taking into consideration Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, as well as, the EU Private International Law doctrine and solutions to international succession law issues in national law of some the EU Member States. The book consists of 15 chapters which focus on the determination of international jurisdiction in succession matters; determination of the law applicable to succession relations with a foreign element; recognition and enforcement of foreign decisions in succession matters; acceptance of authentic documents created abroad. Many author's ideas seem appropriate. They include the suggestions to determine the scope of law applicable to the succession in PILA; to amend the conflict of laws rules applicable to the form of wills; to include in PILA conflict of laws rules regarding succession agreements; to amend some rules of Civil Procedural Code of Ukraine applicable to recognition and enforcement of foreign decisions in civil matters and others. It was concluded that the monograph would useful f

In the proposed article, on the example of the revolutionary events of 1917-1921 in Kharkiv Government, the interconnection between internal political stability and the solution of the land issue is shown. The object of the study is agrarian question as a conflict factor, which made the relations between the authorities and the population of the region more complicated. Having gained the control over the region the opposing governments had to solve not only military but also economic questions. The most difficult problem was to address the agrarian issue, as well as to determine the governments' share in the total volume of production grown by the peasantry. To solve these problems the political regimes combined repressive actions, methods of encouraging local people's collaboration, and information warfare. Despite the lack of the Ukrainian national political regimes' support the agrarian population of Kharkiv Government resisted the «White» and «Red» terror and policy of War Communism. The most common forms of resistance of the peasantry in Kharkiv region were: illegal active struggle (armed uprisings, creation of rebel forces, terrorist acts), illegal passive struggle (desertion, concealment of food, sabotage of duties), legal active struggle (village meetings, peasant conferences) and legal passive struggle (refusal to work in local authorities, unwillingness to join the political party). In summing up authors pointed out that the conflict factors in the region included: the frequent change of the military-political situation, lack of reliable information in the countryside, popularity of Utopian ideas among the masses, food confiscations, terror of the repressive bodies, and spontaneity of the peasant rebellion movement.

The article considers the comparative and legal grounds for the definition of the category "marriage" in family law of Ukraine, interpretation of the concept of "marriage-like unions" in legislation, judicial decisions and legal doctrine of EU states. The author defines the characteristics and peculiarities of these concepts, outlines the approaches to the regulation of family relations in this field and formulates conclusions and proposals aimed at the harmonization of national legislation with EU law.

In the article, both general scientific and special legal methods of research have been used. In particular, comparative-legal, historical, formallogical and other methods have been applied. The article concludes that the example of some European states proves the existence of the advanced legislative approaches to the legal understanding of family unions.

In Ukraine the marriage is exclusively a family union of a female and a male registered with the state registration authority for civil status acts. In the laws of EU states different and much broader criteria for treating such unions can be applied. The presence of various legal forms of unions indicates that foreign law recognizes a family union between persons irrespective of their genders and recognizes such family union as a family. It is said that a characteristic feature for a family is a stable relationship. At the same time, harmonization of the Ukrainian legislation with the EU legislation in the field of marriage and family relations may take place on specific issues (for example, a registered partnership), but it is not advisable to adopt a foreign legal model, since in Ukraine there are distinctive factors for the formation of family relationships, such as traditions, religion, culture.