Suchergebnisse

Modern dynamics of socio-economic development emphasized issues to improve efficiency of state innovation policy, its adequacy to contemporary priorities and problems in the country's development. An appropriate and relevant question is the systematization of knowledge obtained in the study of theoretical foundations of the state innovation policy, and effectiveness of its implementation depending on the methods of realization. The aim of present work is the development of theoretical and methodological fundamentals of state innovation policy. To solve the set tasks, we applied such general scientific and special research methods as: analysis, synthesis, generalization, systematic approach. Author examined the types of state innovation policy, factors that influence its formation, components of development and implementation of the state innovation policy. It is highlighted that the implementation of the state innovation policy is coordinated with the strategy of innovative development; strategic directions of innovation development of the national economy are demonstrated. Special attention was paid by Author to stages in the formation of state innovation policy in industrialized countries with the methods characterized for the realization of state innovation policy. Based on the obtained results of scientific research, main directions were proposed of innovation policy for Ukraine under present conditions. A conclusion was drawn on that the state innovation policy is a set of interrelated and interdependent forms, mechanisms, instruments, technologies of influence of the state on the formation, development and realization of scientific-technical, technological and innovation potential of the country, based on the promising world trends in scientific and technological development. The implementation of the state innovation policy is coordinated with the strategy of innovation development whose main function is to define main long-term directions of scientific development, to implement innovations, to provide resources to achieve the set objectives. The state, when implementing innovation policy, above all in the R&D sector, applies two basic types of methods: administrative and program-targeted. In the course of development of program-targeted methods, there were formed several variants of their implementation: a system of subsidies, institutional programs and cooperative implementation programs. The scientific novelty of present research is in determining the methodology of the state innovation policy, which covers an integrated system of methods, ways, and means of its implementation, taking into consideration the priorities in modern development of leading industrial countries. A practical value of the research is in applying the features of theoretical and methodological foundations of the state innovation policy for the selection of such areas and methods of implementation of the innovation policy that are most acceptable for Ukraine under current economic conditions.

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.

Стаття присвячена дослідженню особливостей та правових засад сучасної державної політики у сфері національних меншин (спільнот) України, а також проблеми обмеження конституційних прав та свобод національних меншин (спільнот) у КНР та Болгарії.Авторський методологічний аналіз включав низку філософських, загальнонаукових та спеціально наукових методів. Зокрема метод порівняльного правознавства застосовувався для аналізу досвіду КНР та Болгарії щодо обмежень прав національних меншин (спільнот). Компаративний метод сприяв узагальненню знань у сфері державної політики у сфері національних меншин (спільнот).Репрезентовані позиції науковців та інституційних міжнародних органів щодо державної політики у сфері національних меншин (спільнот), мотивовано позицію казуальним виміром. Авторами розкрито ключові моменти державної політики у сфері національних меншин (спільнот), окрему увагу сконцентровано на проблемі позитивної дискримінації (особливому захисті) національних меншин. Вказано на труднощі реалізації державної політики у сфері національних меншин (спільнот) у КНР та Болгарії, а також піднято питання правового становища болгарської меншості (спільноти) України.У статті відображено основні напрямки державної політики у сфері національних меншин (спільнот) та основні завдання Державної служби України з етнополітики та свободи совісті. Приклади дискримінації македонської національної меншини в Болгарії, з одного боку, і вільного, рівноправного розвитку всіх націй і народів, що проживають на території України, – з іншого, ні недосконалість міжнародного законодавства, ні слабкість міжнародно-правових інститутів захисту прав людини не є головною перешкодою для вільного національного розвитку народів та окремих індивідів. Як найважливіша умова та об'єктивний чинник такого розвитку виступає державна національна політика, яка може або сприяти національному розвитку, або гальмувати його.Констатовано, що конституційні засади сучасної державної національної політики України утворюють положення Конституції України, що закріплюють найважливіші цінності конституційного ладу України. Звернено увагу, що національна політика України націлена насамперед на досягнення балансу, паритету інтересів кожної людини окремо та всіх народів (спільнот), що проживають на території України, у сфері національних відносин.У висновку зазначено, що національна політика України – це правова політика держави у галузі регламентації правового статусу національних меншин, формування нормативної бази, що забезпечує реалізацію національної політики на рівні органів державної влади та місцевого самоврядування в Україні.

The course of European integration chosen by the state and the further accession of Ukraine to the European Union requires, in turn, the reform of national legislation and the system of authorities, as well as a review of the state's role in the life of public relations, including agrarian ones. In this regard, there is a need to carry out agrarian reform of Ukraine, the main purpose and task of which is to ensure the activity of the national commodity producer, to bring the agrarian sector of Ukraine to the international level, as well as to strengthen the position of Ukrainian products in the world market. However, without the proper involvement of the state, achieving these goals is virtually impossible. That is why the role of the state in ensuring the development of the agro-industrial sector is crucial. At the same time, the state should not interfere in agribusiness, and it is obliged to create only favorable environment for business entities. In this case, it is important to ensure the proper public administration of agrarian legal relations, which in turn creates the need to study the nature of public administration, the purpose and mechanisms of implementation, as well as legislative regulation. At the same time, considerable attention needs to be paid to the study of state support for agriculture, which in recent years has been the main type of state participation in the field of agriculture. Public administration and direct government support for agriculture create the right conditions for agribusiness development, including the opportunity for small and medium-sized businesses to develop. The article explores the concepts of public administration and state support for agriculture, defines their purpose and content. The comparative legal characterization of public administration and state support has been carried out separately, and it has been established that these are different legal categories, but interrelated and interdependent. It is determined that the national legislation of Ukraine does not have definitions of the studied concepts, and therefore one of the directions of reforming the national legislation should be its updating by fixing the concept of public administration, methods, principles of its implementation, etc. The purpose of the study is to compare state support and public administration in agrarian law of Ukraine, to determine common and different characteristics, to establish methods of implementation of state support and public administration, to study the experience of foreign countries on state support and public administration of agricultural producers. The object of the study is the legal relations that arise between the state and other subjects of agrarian legal relations regarding the implementation of public administration and state support of the agrarian sector. The methodological basis of scientific research is represented by the following methods: the method of legal analysis, comparative method, the structural method, the formal legal method. Keywords: public administration, state support, state aid, public administration, agrarian relations, public authorities.

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.

The article considers the peculiarities of the formation of regulatory policy in Ukraine in public administration reform. The influence of the experience of economically developed countries and international organizations on the implementation of effective regulatory policy in Ukraine is analyzed. The activities of the Organization for Economic Cooperation and Development, which aim to improve the efficiency of public administration in the field of regulatory policy and cooperation of Ukraine with the Organization within the Memorandum of Understanding on deepening cooperation, are studied. The directions for improving the legal regulation of regulatory policy in Ukraine are analyzed. It is substantiated that the national legal doctrine of Ukraine does not have relevant developments that could ensure the unity of approaches to the relationship of regulatory policy, planning, legal forecasting, the formation of legal regulation in the regulation field. This affects the quality of proposed bills in the areas where regulation is still quite difficult for the Ukrainian legal system due to the lack of experience, and extrapolation of European experience is not always productive in terms of underdeveloped infrastructure and other technical and social factors.

The authors describe and propose ways to determine the level of school disadaptation. Associated psychological factors are identified: levels of school motivation and adaptation, situational and personal anxiety, indicators and forms of aggression, self-esteem of depression. The obtained experimental data on the tendency to disadaptation are analyzed, as well as the psychological factors that influence the formation of disadaptation of young school children are investigated.

Quantitative and qualitative analysis of mental states and personality characteristics of elementary school children with disadaptation shall be conducted to study their school disadaptation, organization of comprehensive psychological and pedagogical assistance to school children, teachers and parents. Existing research methods are mainly based on self-estimation methodologies.

Experimental data on addiction to disadaptation was obtained, additionally, the psychological factors, which influence on disadaptation formation of elementary school children, were examined. The majority of examined children were found to have a low level of reactive anxiety and a high level of personal anxiety.

The article considers the problems of relations between the Church and the state in the classical sociological theory of M. Drahomanov and modern sociology. In the Western sociology of religion, considerable attention is paid to distinguishing the contexts of state and Сhurch practices, which can be compatible or incompatible with democracy. Compatible with democracy is a form of interaction between Church and state that ensures the protection of religious freedom and religious self-expression of all religious organizations and excludes discrimination based on religion. The negative consequences of the violation of the «principle of separation of Church from the State» described in the works of M. Drahomanov are analyzed. The socio-cultural effects of state intervention in the affairs of the Church at the level of society are investigated: violation of the principle of freedom of conscience, religious repression, forced unification of religions, and migration of believers as a result of repression by the state. It is emphasized that the violation of the principle of freedom of conscience contributes to the formation of an imposed and inauthentic identity of the individual, the growth of religious conformity, and the strengthening of «categorical inequality» in society. The social consequences of religious discrimination are analyzed: the growth of mass tension and frustration in society, the conflict between different Church communities, and the weakening of the effect of cohesion. The negative consequences of the violation of the «principle of separation of Church from the state» for the state Church are demonstrated: weakening of influence in society, rejection of the intellectuals, and latent atheism of the population. It is emphasized that to neutralize these negative effects, it is necessary to observe the constitutional principle of separation of the Church from the state. It was concluded that the separation of Church from state should contribute to the establishment of interreligious tolerance and understanding in society.

The article analyzes corruption as an extra-legal phenomenon that destroys the morality and values of society, threatens democracy and human rights, deforms the functions of state power, discrediting it both within the country and in the international arena. It is noted that the formation of dysfunctions in the sphere of public administration is not the main socio-political danger of corruption.The threat of "corrosion" and gradual destruction of social ties in the system of state regulation, public control and the functioning of social institutions is creating. The sociological and legal interpretation of corruption made it possible to study it as a trigger that weakens statehood, to reveal the social mechanism of the influence of corruption ties on state institutions, to assess the political, economic, legal, socio-structural and psychological factors of its spread. The authors characterize foreign and domestic "models" of corruption and ways of counteracting it from the standpoint of the ontological approach; she also has identified social markers that reflect its specificity in Ukraine; a real assessment of the degree of effectiveness of anti-corruption actions in Ukraine are presented; the expediency of analyzing corruption in the international aspect, especially the mechanisms, forms and methods of Ukrainian corruption spreading in the world corruption services and the penetration of transnational corruption into the Ukrainian political and economic space; it is also revealed the effect of the social mechanism of corruption in the structure of the state, as a result of which the process of state regulation loses its morality and social value. It is shown that the stable, actively "mutating", adaptive to the majority of social changes, the nature of corruption in Ukraine does not only forms and reproduces the tolerant attitude of government and a significant part of the public, but it also actively inhibits democratic transformations and deforms the public consciousness of Ukrainians. It is emphasized that "salus populi" is the most pragmatic option among the systemic models of fighting corruption (totalitarian, authoritarian, liberal).

Innovation component is the basis of modern business development, regardless of which field this business belongs in, who owns it and which structure its capital has. The challenges of modern society force to step up efforts of the developing countries in the direction of development of innovation infrastructure, which would allow taking a quantum leap in the development of industry and economy. These challenges predetermined the relevance of the chosen research. Formation and development of innovation policy in the economies of the developing countries is the actual task of recent studies of many authors. Identification of general trends in the development of leading countries will make it possible to work out a common strategy for the developing countries, in their further development of innovation policy. The purpose of writing this article was to perform the analysis of formation of innovation policy in the leading countries of the world, such as the United States of America and Japan to identify the peculiarities of these countries, common features and differences. During the research we applied methods of comparison, generalization, abstraction, analysis, elements of system analysis, algorithms and simulation. As a result of the survey we revealed peculiarities of formation and development of innovation policy of the United States and Japan with the following conclusions made: 1. The development of innovation policy of a state grows when coordination and key financing is provided by the state and by local governments, too. 2. The largest effect in the development of innovation activity for the countries with transition economies can be observed by choosing "selective" directions of development. 3. Creation of regional technological parks takes place with regard to historically established regional opportunities and directions. 4. Approval of the legislative base in the country, which must fully support (at all levels) innovation entrepreneurship. 5. Formation of a system of private (venture capital) funds, regulated by state programs in priority areas. At the present stage of development of the world economy, only innovation policy creates a vector of the development of a state. This is confirmed by the experience of such leading countries as the United States of America and Japan. As the result of generalization of the experience of formation of the innovation policy of these countries, we identified the main trends of development that can be applied in other developing countries, taking into account their national characteristics. All of the identified factors positively affect the increase of progressive indicators of the economy, well–being of society and the activity of integration at the international level. The novelty of the work lies in the fact that for the first time we analyzed formation of innovation policy in the USA and Japan to identify common peculiarities and differences in the development of innovation policy, as well as we attempted to obtain the scheme of creation of the basic structure that allows developing and implementing innovation. The obtained results can be applied to further systematization of information on the development of innovation policy for the formulation of a universal model.

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 paper addresses the social, economic, environmental and legal bases of the modern Environmental state formation and prospects of this state's construction in Ukraine on the grounds of realization of the state policy. Peculiarities of realization of separate principles of the state policy, capable of promoting the formation of the environmental state, are considered. Based on the analysis of the formation of such states in some countries, the paper studies the ways to improve the legal framework for the formation of an environmentally friendly society, environmental partnership, as the main way to build an environmental state, and to ensure parity of environmental, economic and social needs in the context of sustaina-ble development. Particular attention is paid to the formation of the ecological paradigm as the basis for environmental legal consciousness of the whole society. This will allow the revision of values in relation to nature and recognize nature at the level of the Constitution of Ukraine as the basic social value. Attention is also paid to the structure, forms, methods, and content of environmental partnership, which can influence various factors in the formation of environmental state. It is proved that the main form of environmental partnership in modern conditions is a public-private partnership and that the latter is able to ensure the implementation of the effective environmental projects in the areas of natural resources restoration, waste management, eco-tourism etc. According to the structure, the environmental partnership is proposed to be considered as a set of institutional, regulatory, functional and communicative subsystems, possible content of which is also revealed. On the basis of the conducted research, the independent scientific conclusions and judgments on the analysed subjects are suggested and the ways of perfection of the current legislation of Ukraine on the outlined questions are offered. Keywords: ecological democracy, environmental paradigm, environmental legal awareness, environmental policy, the principle of environmental partnership, environmental legislation.

The article deals with the social function in the system of functions of the state, namely the definition of this concept. In state functioning there is purposeful influence on various spheres of life, social processes and connections. In performing certain functions, the state affects social processes, their dynamics and directions through reforms, transformations, legal regulation of social relations. The implementation of social functions stabilizes the development of the society. The article provides an in-depth analysis of the definitions of the state social functions and provides its relevant concept. It can be argued that the definition of social functions of the state depends on a number of factors, namely legal, political, ideological, informational, etc. It is established that in the theory of the state and law much attention is paid to the study of the social functions of the state. It is determined that the social function of the state, as a dynamic one and inherent in a particular stage of development of the state determines the main activities of the state, expressing its essence and social purpose, aimed at implementing the goals and objectives. The Constitution of Ukraine, along with other tasks, sets the goal of forming a welfare state. The changes that have taken place as a result of the implementation of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, have radically changed the socio-political and socio-economic situation in the society, as well as the ideas on the purpose, priorities and methods of realization of the social function of the state. The social function of the state is one of the main activities carried out in the social sphere of public relations to provide citizens with a decent standard of living, resolve social contradictions and realize the agreed interests of citizens, based on socially recognized and legally established social standards. The purpose of this article is to study the social function of the state. Despite the significant number of scientific papers devoted to the study of issues, the harmonisation of national legislation to the requirements of the European Union initiates research on the social function of the state in the context of dynamic socio-economic changes. Keywords: a state, a function, a social function, the objectives of the state, classification, stability, a social purpose of the state.

In the period of crisis situation in the economy and socio-economic instability in Ukraine, the problem of the budget deficit is very acute. In recent years the state budget of Ukraine has faced such a big problem as the deficit, due to the excess of spending over income of the state budget. The purpose of writing this article is to research into existing problems of the deficit of the state budget of Ukraine, substantiate causal relationships in the system of insufficient funding of state activities and development of ways of its optimization. During the study we analyzed scientific papers by Ukrainian scientists and experts who explore the problem of the deficit of the state budget, legislative and government materials. We used the following general scientific methods: method of cognition, method of analysis, method of analysis and synthesis, as well as the method of comparison. The essence of the deficit of the budget system and the reasons of its occurrence in Ukraine was considered. Underlying causes of budget deficit in Ukraine are slump in production, decrease in the efficiency of functioning of industries and businesses, unreasoned socio–economic policies, which led to a decline in the volume of gross domestic product and national income. This naturally caused a decrease in the volume of financial resources in the state and reflected in the indicators of the budget in the form of long–term deficit. We defined the dependence of the budget deficit on the government debt. It is established that there is a close relationship between the size of the budget deficit and state debt. Budget deficit increases national debt, and rising debt, in turn, requires additional expenditures for its service and thereby increases the budget deficit. The links of budget deficit to the country's economy were identified. We discovered the consequences of raising interest rate, which, on the one hand, reduces investment attractiveness in the domestic market of the country, on the other hand increases the attractiveness of the foreign financial investments in the country. Significant currency flows lead to the growth of the debt and, as a result, the growth of the currency exchange rate, reduction in the net exports of goods and decreased indicators of investment activity. This reduction is the reason for reducing the level of labour productivity and real income in all of its forms that provokes a decrease in investor confidence, and hence, reduces foreign investment programs and increases the withdrawal of capital abroad. The ways of overcoming budget deficit were substantiated that are based on improving the taxation system, attracting personal savings of the population to the investment sphere, providing financial support to small and medium businesses, enhancing the responsibility of businesses, strengthening control over the payment of state money, reforming taxation system, improving normative and legal support of the budget process. The scientific novelty of the research lies in the establishment of causal relationships of budget deficits for the scientific substantiation of budget management in the period of the structural transformation of the economy. The practical result is to identify ways of reforming the budget system of Ukraine and its transition to the investment model. A promising direction for further research in this area is developing a model of the budget process on the basis of causal relationships, which is capable of detecting the risks of deficiency and minimizing their impact.