Suchergebnisse

The topicality of this issue is related to the fact that the EU is founded on a set of values, including equality. Nowadays the attitude towards women in the society is significantly different from that of men. Unfortunately, inequality does not decline over time. The basic idea of gender equality is to provide both women and men with the same rights, opportunities and conditions for full-fledged development. The article is devoted to the dimensions of the principle of gender equality in the European Union, which is important for Ukraine due to the conditions of European integration. The dimensions of gender equality cover the political, economic, civil, social and cultural spheres of our live activity, including achieving gender equality in employment, equal pay for equal work, gender balance in decision making, harmonization of professional and family life, education and «gender mainstreaming».

That is why research and analysis of gender equality's dimensions in the EU and defining the legal aspects of their regulation are relevant to the legal system of Ukraine. Over the past few decades, the EU has notably worked for equal treatment legislation, gender mainstreaming and specific measures for the advancement of women. Moreover, the EU has defined the following dimensions of gender equality: equal economic independence for women and men; equal pay for work of equal value; equality in decision-making; dignity, integrity and ending gender-based violence; and promoting gender equality beyond the EU.

The dimension of gender equality is a strategy for making women's as well as men's concerns and experiences an integral dimension of the design, implementation, monitoring and evaluation of policies and programmes in all political, economic and social spheres, so that women and men benefit equally and the inequality is not perpetuated. Although the EU has achieved positive results in protecting human rights, the work is still continuing in this direction. The idea of gender equality is an integral part of equality as a general principle, development and peace in the world. Without this principle, it is impossible to establish

the basis for democracy, freedom, justice and tolerance. Recently, the principle of gender equality is getting paramount importance for Ukraine, as one of the conditions for successful European integration.

The article examines the current state of the Association Agreement implementation in terms of national legislation on climate change and the protection of the ozone layer compliance with the requirements of the EU legal acts listed in Annex XXX to Chapter 6 "Environment" of that Agreement. Under the Association Agreement, such harmonization entails the need to bring national legislation into line with Directive № 2003/87/EC establishing a Community greenhouse gas emissions trading scheme by September 1, 2019 and amending Directive № 96/61/EC ~ 18 ~ ВІСНИК Київського національного університету імені Тараса Шевченка ISSN 1728-3817 as amended by Directive № 2004/101/EC; Regulation (EC) № 842/2006 on certain fluorinated greenhouse gases; Regulation (EU) № 2037/2000 on substances that deplete the ozone layer, as amended and the amendments made by the Regulation (EU) №№ 2038/2000, (EU) 2039/2000, (EU) 1804/2003, (EU) 2077/2004, (EU) 29/2006, (EU) 1366/2006, (EU) 1784/2006, (EC) 1791/2006 and (EC) 2007/899, and Decisions №№ 2003/160 /EC, 2004/232/EC and 2007/54 /EC. The analysis of the national legislation shows that Ukraine as a whole fulfilled its obligations to adapt national legislation to the EU legislation in terms of setting up a monitoring system, reporting and verification of greenhouse gas emissions. The Law of Ukraine "On the Basics of Monitoring, Reporting and Verification of Greenhouse Gas Emissions" was adopted on 12 December 2019. The law comes into force on 1 January 2021. At the same time, it is necessary to adopt by-laws to ensure the effectiveness of the provisions of the aforementioned Law, since as of 1 April 2020 no legislative act has been adopted in its development. Ukraine has also fully fulfilled its obligations to implement the provisions of Regulation (EC) № 2037/2000 on substances that deplete the ozone layer and the provisions of Regulation (EC) № 842/2006 of the European Parliament and of the Council on certain fluorinated greenhouse gases. The Law of Ukraine "On Regulation of Economic Activity with Ozone-Depleting Substances and Fluorinated Greenhouse Gases" was adopted on 12 December 1 2019. The law comes into force on 27 June 2020. The article proves that the legal acts, necessary to introduce internal greenhouse gas emission allowance trading scheme and other market and non-market greenhouse gas emission reduction instruments of these gases in accordance with Ukraine's obligations under the Association Agreement have not yet been adopted. Also there is the necessity to make amendments to the Regulation on the Interagency Commission on Implementation of the United Nations Framework Convention on Climate Change, approved by the Cabinet of Ministers of Ukraine Decree № 583 of April 14, 1999, to extend its tasks in accordance with the provisions of the Paris Agreement. Keywords: the Association Agreement; climate and ozone protection; fluorinated greenhouse gases; monitoring of greenhouse gas emissions; ozone-depleting substances; reporting of greenhouse gas emissions; verification of greenhouse gas emissions.

Global informatization, manifestations of which are characteristic for the past decades, became the basis of the formation of the new model of the economy – digital economy, which became the development strategy of the most developed countries of the world. In Ukraine there is not any consistent tactic of building up a national digital economic business space as yet. Therefore, the purpose of the article was to substantiate theoretically the essence of digital economy and its conceptual reflection in the economic policy of the EU, as well to analyze the status and specific features of the Ukrainian economic system in terms of integration into international digital environment. The research methods are system analysis. Based on a number of scientific sources, it was revealed that the conceptual basis for the development of the digital economy in Europe consists of 5 metrics of the program of digital entrepreneurship: a) digital knowledge and ICT market, b) digital business environment, c) access to finance for businesses, d) digital skills of the labor force and electronic leadership, e) creating supporting entrepreneurial culture. In the course of the study we defined the centres of growth of digital technologies and communication in Ukraine, which can become the basis for further positive changes, at the same time we identified the main obstacles, as well as the lagging industries, because of whose performance the world ratings of Ukraine go down. A conclusion was made about the need to build an efficient national strategy for the development of the digital economy taking into account both positive and negative aspects of the experience of the EU countries. The scientific novelty of the work is in identifying features of the development of information and telecommunication technologies in Ukraine, which are in the uneven "informatization", depending on the industries and sectors of the economy, in the lack of digital strategy of the state, in the inconsistency in regulatory policy and distrust of the population in modern financial instruments. The findings made as the results of the research can be used for differentiation of users of digital information and the development of strategy of their engagement in certain segments. In the future, it is advisable to examine the European experience about the inclusion of objectives concerning the development of the digital economy in the global plan of reformation of the state.

The institution of separation legislative provisions of those EU member states that have chosen a separation legal regulation model, according to which the direct dependence of divorce on separation is recognized. It means that the spouse who wishes to dissolve the marriage must be in a state of separation issued by competent authority decision for some time (formal separation).

Such EU member states as Denmark, Ireland, Italy have chosen the defined model for legal regulation of separation. Based on this study, the characteristic features of this model for legal regulation of separation are highlighted, namely:

the main purpose of the separation institute in the legislation of these states is to provide spouses with time to decide on the future for their marriage: either divorce or reconciliation;

a separate residence regime may be established by a decision of the competent authority (court, prosecutor, public administration) by mutual agreement or at the request of one of the spouses, despite the objections of the other;

the existence of a clear list of grounds in the legislation to establish separation on the application of one of the spouses;

the existence of any consequences of the individual residence regime is linked to the determination of the fault of one or both spouses in the establishment of a separate residence regime on one or another basis;

separation would result in the termination of the marital property regime, the termination of the marriage contract, except for the provisions re- lating to the separate residence regime, and the termination of the paternity presumption.

Although this model for legal regulation of separation is still relevant, the trend toward the simplification of legal regulation of divorce proceed- ings, has led to the complete rejection of separation as one of the prerequisites for divorce (in the event of mutual consent of the spouses to the termination of marriage) or reduction of spouse's stay in separation.

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.

This article provides a general analysis of the Model European Rules of Civil Procedure established in 2020 (hereinafter – the Rules). It describes their structure, defines the purpose and goals, main principles. The author comes to the conclusions regarding the role and importance of these Rules for the further development of civil proceedings, both in the EU Member States and in other countries, in particular, in Ukraine. The important role of the unification of the terminology of civil procedure is identified. In particular, we are talking about such specific institutions of civil procedural law as the principle of cooperation between a judge and parties, the principle of settlement, case management and others, which are absent in Ukrainian national legislation, nevertheless, very important for the scholar research. Second, the scope and main principles of the Rules require rethinking of traditional approaches to regulating the relationship between a judge, parties and their representatives, as well as the role of a judge in proceedings, new approaches to the phasing of court proceedings and the differentiation of civil procedure, which should be helpful while further development of the civil procedural legislation in Ukraine. Keywords: access to justice; civil proceedings; dispute settlement; the principle of cooperation between a judge and parties; the principle of proportionality; effective protection of rights.

The article, based on a study of the formation and development of Ukrainian studies in the crisis of classical science, analyzes the transformation of modern European science from Descartes to the present, the contradictions of high ideals of the Enlightenment about man, people, and human-based foundations of postclassical Ukrainian studies. The study describes Ukrainian studies in the context of fundamental changes in modern European science and the separation of the humanities from the natural science discussions of unity - the separation and search for the unity of the humanities and natural sciences. The role of Ukrainian studies in the formation of the Ukrainian literary language, spelling, literature, the establishment of scientific research in the processes of cultural and historical revival, social, national-revolutionary movements are revealed. The general theoretical scientific basis of Ukrainian studies is analyzed, noting specific features in classical and non-classical science. In the context of the research, the peculiarity of Ukrainian studies as a holistic, multiple, human-dimensional science is revealed, in the structure of which parts express the nature of the whole and give it specific properties. Apart from the integral structure, the parts acquire other object features. The article emphasizes that rethinking the role of Ukrainian studies in science, education, in all spheres of life is a powerful basis for the consolidation of the Ukrainian nation. There are well-founded arguments that the renewed Ukrainian studies, having passed a difficult path of formation, rise and prohibitions, oblivion, revival becomes the foundation for new post-classical science.

The article examines the system of standards for the right to freedom of movement and the right to free choice of residence that exist in the European Union. A wide range of general and special legal methods and techniques of scientific knowledge are used, in particular: comparative law, systemstructural and formal- dogmatic research methods, as well as the methods of scientific knowledge (analysis and synthesis, induction and deduction, classification, etc). As a result of the study, the author substantiates the scientific position that the existing system of standards for the right to freedom of movement and the right to free choice of residence in Ukraine only partially meets the standards of these rights that exist in EU member states. The difference between these standards exists on the level of specifics of legal regulation for the implementation of these human rights by family members of citizens of EU member states, as well as the goals pursued by the implementation of relevant standards. Bringing Ukrainian standards of these human rights in line with European counterparts involves rule-making activities of public administration. The source of such rule-making should be Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (2004). The effectiveness of bringing Ukrainian standards for the right to freedom of movement and the right to free choice of residence in line with EU standard will be increased significantly if the public administration has standards for legal regulation of relations between it and individuals in the process of exercising these rights by the latter. In our opinion, the Allgemeine Verwaltungsvorschrift zum Freizügigkeitsgesetz / EU (AVV zum FreizügG / EU) (General Administrative Code of the Law on Freedom of Movement of Citizens) can be considered as such a standard, as it is created in strict accordance with the EU Directive and other EU legal acts

The article deals with Vasyl Gorlenko, one of the most prominent Ukrainian culturologists of the late nineteenth century – beginning of the XX century. Whose name on the one hand did not belong to the forgotten names: it is fixed in all professional encyclopedias, many articles have been written about it, it is mentioned in the memoirs of contemporaries, there are even three monographs, on the other hand all this is very small, going out from what was done by Vasily Petrovich. There are a lot of problems raised in the writings of V. Gorlenko. There are some that are extremely important. It was established that studying at the famous Sorbonne, he passed the beautiful school of the French theoretician of literature and art critic Ivan T., French classical literature and art, thus receiving a high level of education, education of the best spiritual traits of behavior, possessed at least 5 foreign languages. It was discovered that when V.Gorlenko returned to his homeland, he first met in St. Petersburg with many prominent figures who came from his native land. One of these places of acquaintances is "Tuesdays" by M. Kostomarov. It was on them that V. Gorlenko was a true school of Ukrainian studies. And when Ukraine appeared periodicals that were in line with its patriotic interests, V. Gorlenko began to work with them. In the newspaper Trud, after twenty years of actual silence about T. Shevchenko, the first in Ukraine is a fragment of Russian tales of Taras Shevchenko "A walk with pleasure and not without morality" and the story "The Musician" with some reproach to everyone else who hadn't done it already. It was found out that the Ukrainian elite rallied around the magazine "Kievan old woman" (1882-1906): V. Antonovich, D. Bagaliy, M. Belyashivsky, P. Golubovsky, V. Domanytsky, P. Efimenko, P. Zhitetsky, O. Lazarevsky, O. Levitsky, M. Sumtsov, V. Tarnovsky and many others. Here were M. Drahomanov, M. Kostomarov, V. Vynnychenko, Panas Mirnyi, I. Franko, M. Staritsky and dozens of other Ukrainian scholars and writers. Among them Vasyl Horlenko. Currently, 114-th of his publications, contained in this publication, are known. Articles, reviews, reviews of publications, information, folk records - each of these publications is an example of scientific conscientiousness and responsibility of the author. It was here that his multifaceted talent of journalist, literary critic and historian, ethnographer and folklorist, art historian, expert in Ukrainian antiquity was revealed. Quite often, V.n Gorlenko was the first, who write about the works of P. Mirny, I. Franko, I. Karpenko-Karyi, M. Kropivnitsky, I. Manzhuro and many others. Invaluable source in the study of both the personality of V. Gorlenko and his environment is his correspondence. Currently, there are about 40 recipients and more than 700 letters to him and partly to him. He corresponded with many Ukrainian and foreign writers, scholars, and cultural figures. He loved Ukraine most of all and was afraid of those revolutions that were devastated, death, spiritual impoverishment, barbarism; advocated the steadfast development of society, feeling as an integral part of its people, small and great Nature. Therefore, it remained for us a bright star of the unimpeded space of culture.

The processes associated with the development of international tourism in the Baltic states , which are essential for the growth of economic, social and cultural well-being of the region. The processes of the creation of regional tourism development strategies in Eastern Europe. Provided a comprehensive description of recreational resources. The influence of global processes of globalization on the development of international tourism growth dynamics flow of foreign tourists and the changing patterns of tourist flow to the region. We consider systems of tourism resources and their spatial distribution in the Baltic States , regional specialization in various fields of international tourism. Investigated stages of conceptual travel image and overall regional tourism brand of the Baltic States . Receive the competitiveness of the region as a whole, and singled out the factors that contribute to the development of the tourism market of the Baltic States

This paper studies the principles of good faith and the cooperation between judges and parties, which are considered as highly relevant in current civil procedural law. According to many scholars, a new approach to defining their roles allows to overcome the basic urgent problems of modern civil justice – duration, high costs and, to some extent, the complexity of the trial. At the same time, its implementation leads to a positive impact on ensuring the efficiency and access to justice, which are integral parts of the rule of law. The evolution of the idea of directing litigation to peaceful compromise of parties and settling their dispute, has become of tremendous importance since the middle of the last century and today is considered as one of the inherent features of modern litigation. The idea ofgood faith in participating in the process was much developed in the first codes of civil procedure in Europe, in particular, in Austrian Code of Civil Procedure of 1898 and in French Code of Civil Procedure of 1806. The national legal doctrine contains the reflection of F. Klein's research, in particular the loyal cooperation between a judge's and parties' ideas. Later the national legislation of most European states applied the abovementioned during the reforms. Within the ELI-Unidroit Project of European Rules of Civil Procedure the Working Group on Procedural Rights used the idea of court and parties cooperation as the main ground and proposed to joint responsibility introduce with the aim of fair and just trial and avoiding of the traditional problems of two procedure models (A. Uzelac). The provisions of civil procedural law of many states, in particular of Ukraine, have more fully realized the idea of inadmissibility of abusing the procedural rights, which are justly regarded as an element of the principle of cooperation of the court and the parties in civil proceedings.

The article studies the problem of forming Ukrainian national identity of the Ukrainian citizens, which becomes crucial in the modern Ukrainian studies discourse, especially during the opposition to the hybrid war initiated by Russia against Ukraine. The formation of a national identity is a decisive socio-cultural trend not only for Ukraine, but for the whole of the modern world. The urgency and importance of this problem is expressed in the fact that for some societies, the crisis of national identity has become such forms and scales that overcoming it means not only the choice of an adequate strategy for development, but also becomes a problem of survival.
The attention is drawn to the fact that since the establishment of the new Ukrainian state in 1991, Ukrainians haven't managed to overcome Russian identity with its "friendship of nations" and great Russian culture. The majority of citizens in the new country have preserved the distorted understanding of their own history and state traditions, related to the historical myths and a pantheon of historical heroes and traitors. It is determined that our state must construct its own policy of shaping Ukrainian national identity, which must be implemented in the system of education and upbringing of the younger generation. This context requires giving credence to the researchers' opinion about the priority of education as the key factor for shaping modern Ukrainian national identity, which serves as the base for the national development, national security, and consolidation of the Ukrainian society. It is with education that modern scholars associate the implementation of the state policy of preserving the united socio-cultural space of Ukraine, the formation of a value system, genuine citizenship and patriotism, the formation of a consolidation of society and Ukrainian national identity. Today, the Ukrainian education is undertaking a journey from de-ideologization and humanization to the national focus on the European vector of transformations. Special attention is paid to the educational strategies: National Education Development Strategy for 2012–2021, Strategy of National and Patriotic Education of Children and Youth for 2016–2020, «Ukraine 2020» Sustainable Development Strategy, etc.

The article is devoted to the issue of studying the possibility of developing political decentralized networks based on or following the example of decentralized autonomous organizations (DAO), which are becoming increasingly common in the digital space. Their potential impact on the social institutions of society, including the system of state power, is analyzed. The article traces how the technological embodiment of antimonopoly and anti-state ideologies that have been actively developed in cyberspace can lead to a change in the very foundations of social institutions due to the absence of the need for a "third party" to guarantee the implementation of contracts and building responsible social relations.

The development of cyberspace is viewed through the prism of clashes of state interests seeking to establish control over the system of digital interactions, and multiple interest groups developing technological capabilities for autonomizing action by building protection based on cryptography. If not loosening, then breaking holes in the financial systems of states is an indicator of the success of decentralized finance projects, which means it stimulates the further development of DAOs and their possible transformation into decentralized political networks. The article also analyses the components of the new discipline Cryptonomics or Cryptoeconomics, showing serious scientific and methodological foundations for the development of DAO, which indicates in favor of the possibility of considering them as experimental platforms for the development of more global projects.

The article considers the special nature of the management of decentralized autonomous organizations based on financial incentives. A forecast is made regarding the next stage of confrontation between state structures and decentralized platforms. Conclusions are also drawn about the importance of the DAO for the development of the information society and the role of the intellectual elite in this confrontation.