Suchergebnisse

The article traces the overcoming of the modern Ukrainian historiography of the bias of the Soviet researchers on the coverage of the figure of M.G. Repnin. It is established that, for ideological reasons, Soviet scholars wrote little about representatives of the ruling elite of the imperial era. The governor-general form of government was only highlighted as a reactionary, brute force of autocracy and serfdom in the regions. The position of military governors was considered in the same context. The individual traits of the military governors were not taken into account, materials that revealed their worldview, socio-political beliefs were not examined. Their vision of the prospects for the development of a trusted region were considered solely from prejudiced class positions. It has been proved that the positive moment of the recent Ukrainian historiography was that when it came to new source information, it overcame the Soviet approach to treating governors-general as tsarist satraps who tried only to preserve autocracy in the remote regions of the Russian Empire. The appeal to the chief figures of the Governor-General, their individual traits, has enabled modern scholars to break the tradition of Soviet historiography in this matter. The governor-general is a form of government, and government officials themselves are seen as intermediaries in establishing constructive relations between the center and the regions. Thus, the main activity of Governors-General, including M. G. Repnin, convinced researchers, was directed to the benefit of the regions. An important achievement of modern Ukrainian historiography was the fact that the works specifically dedicated to the figure of the Governor-General of Little Russia M.G. Repnin came out. Modern researchers are convinced that M. G. Repnin was an outstanding personality not only for his time, but also to a great extent ahead of him. His worldview and realities did not fit into the generally accepted imperial canons at that time, and the effort to Europeanize his entrusted region became the factor that ultimately led to his resignation and accusation of striving for autonomy.

The article is devoted to highlighting the importance of the process of decommunization in the study of the forbidden by Soviet ideology themes and personalities in the history of philosophy of Ukraine, namely: the history of neo-Thomism and the work of its representative, the historian of philosophy Fr. M. Conrad (1876–1941). The author establishes how the ideological pressure of the Soviet system influenced the course of historical and philosophical research in Ukraine and what were its consequences; whether Ukrainian historians of philosophy of the Soviet period could study the philosophical views of M. Conrad; if so, in what way and for what reasons was it not done? The study showed that the ideological pressure in the historical and philosophical sphere was not the same during the Soviet period. With the beginning of the "thaw" there was a turn in research on the history of philosophy of Ukraine from the study of philosophical thought of "revolutionary democrats" and naturalists to "idealistic" philosophical teachings, which allowed the study of the history of neo-Thomism with its obligatory criticism. Criticism then was often a way to study the views of thinkers that were considered dangerous to the Soviet system. For these reasons, Conrad could be criticized as an objective idealist. Or, for nationalist ideas, as a bourgeois nationalist. However, such opportunities had their limits. The analysis of philosopher's critical views on the socialist-communist mentality allowed to characterize them as well-argued and objective, which could be another reason for banning the study of his works. As a result of the 1972 repressions of Ukrainian philosophers and the strengthening of ideological control over the course of historical and philosophical research, the study of not only neo-Thomism but also the work of pro-Soviet thinkers ceased. The beginning of the decommunization process allowed the freedom of choice of themes and personalities and created the conditions for an objective study of the creative work of Father M. Conrad.

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 studies the right to human dignity through the prism of German legal doctrine. During the research, a wide range of general scientific and special legal methods of scientific cognition has been used, in particular: methods of dialectical logic, comparative legal and system-structural methods. The paper analyses domestic and German legal resources on the right to human dignity, in particular the works of S. von Puffendorf, I. Kant and G. Durig. As a result of the study, the author states that the German legal opinion formed the fundamental doctrine of the right to human dignity. This doctrine began in Germany, back in the Renaissance. For the first time, it was systematized in the works of a German researcher S. von Puffendorf. The article illustrates that human dignity is revealed in the German doctrine of fundamental human rights through a number of characteristics. The right to human dignity is the foundation of social value and respect for human beings. It prohibits the conversion of a person to an object in state procedures. Human dignity is not only the individual dignity, but also the dignity of a person as a species. Everyone possesses it regardless of its characteristics, achievements and social status. It also belongs to someone who cannot act reasonably because of his or her physical or mental state. They do not lose their human dignity even through "unworthy" behaviour, for example, by committing any crime. No one can be deprived of human dignity. Attention is drawn to the fact that German law does not intentionally give a definitive definition of the right to human dignity. It merely defines a comprehensive list of requirements for the protection of this fundamental human right. The reason for this is that any definition cannot guarantee the absolute protection of this human right. In other words, such a normative definition of this human right will inevitably lead to such a situation where it cannot protect the human dignity of an individual or even be the legal basis for its restriction. In this part, the German approach to the definition of the right to human dignity differs significantly from the domestic approach, since for the national science and practice of lawmaking it is quite logical to take a different approach, in particular to formulate clear and comprehensive definitions of legally significant phenomena and categories. It has been established that, according to the German doctrine of fundamental human rights, human dignity must be protected in any way within any relationship. It was found that the German Nazis had a negative influence on the German doctrine of the human dignity. This is due to the fact that the protection of human dignity was not built around what was allowed to be done, but about what was forbidden under any circumstances. Keywords: human dignity, a fundamental human right, a human rights doctrine, a state, legislation.

The article reveals the phenomenon of the phenomenon of mobbing as a kind of psychological violence in the group and personality relationships. Theoretical approaches to defining the phenomenon of mobbing and its forms. The main characteristics of mobbing were identified: negative actions by one or more persons towards the victim; systematic behavior in such behavior; a significant difference in the ratio of forces. It has been found that these actions can take many forms, but some guidelines remain. It has been found that harassers (harassers) use the following physical effects: punches, pushes, beats, captures and other types of physical coercion. In this form of violence, there are clear gender differences. Yes, boys are more likely than girls to use means of physical influence. Most often, both boys and girls use verbal influence. The article analyzes the international and domestic experience, as well as the known specific situations, which showed that the problem of mobbing is extremely difficult to overcome, as it gets public only in extreme manifestations, and in other cases is sufficiently hidden, such that is generally not made outside of a social group or collective. This is due to the stereotypical social attitudes about the unwillingness to disclose inside information and to accuse the victim of ill-treatment. Theoretical analysis has shown that the limit of manifestation of aggression of a collective to one of the students is depriving oneself of dignity, mental and physical health, creating negative moments with threat to the life of an individual, since life, health and right to honor are the highest values that are officially protected by the Constitution of Ukraine, the Declaration on the Rights of the Child, the Convention on the Rights of the Child, various laws and codes. It was found that the relevant areas of research for the problem of mobbing are the prevention of its manifestation in different types of groups (labor, child, student, etc.), the search for effective forms of work with victims of harassment, subjects of mobbing, and the formation of a tolerant corporate culture.

This article is devoted to the research on the concept and features of the advocate's wrongful cooperation with law-enforcement bodies and the circumstances that influence the severity of a disciplinary penalty in the result of such cooperation. A list of certain features is given to distinguish the lawful cooperation of an advocate with law-enforcement bodies from the wrongful one, which leads to bringing the advocate to the disciplinary responsibility. The author ascertains the forms in which the wrongful cooperation of an advocate and law-enforcement bodies may occur. The article determines that law-enforcement bodies often use the information that an advocate possesses due to his/her special professional status in order to perform their functions. Besides, the article examines the possibility for an advocate to be a whistleblower under the Law of Ukraine on Prevention of Corruption. The article also analyzes the decision of the Supreme Court in the administrative case where the decision of the Higher Qualification and Disciplinary Bar Commission (HQDB) on bringing the advocate to the disciplinary responsibility and imposing a disciplinary penalty of depriving him the right to advocacy for a wrongful cooperation with law-enforcement bodies is appealed. In this research the attention is paid to the wrongdoer's arguments and the corresponding legal position of the Supreme Court which, having used the acts of the national legislation, determined advocate's actions to be illegal and denied the claimant's demands. The author defines the category of a "wrongful cooperation of an advocate with law-enforcement bodies", determines its features, and suggests the ways for improving the effectiveness of bringing wrongdoers to the disciplinary responsibility in case of such cooperation. Keywords: a disciplinary offence, a disciplinary penalty, a confidant, a whistleblower, secret investigatory (inquiry) operations, tracking measures.

The purpose of this study is to draw attention to the issues on inheritance law and the problems related to process of inheritance of real estate objects without the accrual of the rights under the requirements of the current legislation.

The principles of selection of discussion issues is are formulated: complex examples in law enforcement practice, difficult to solve or those that do not have their solution in the existing paradigm of substantive inheritance law and according to the standardized rules of procedure (appli- cation of the inductionmethod).

The author analyses the concept of the universal in hereditary legal relations taking into account the scientific opinion of the classics of civilis- tics. It is concluded that this principle not only does not have legislative support in the substantive law of Ukraine. Moreover, there is no its com- mon understanding, in the scientific community.

The article questions the approach under which the inheritance is recognized as the process of transfer of rights not attributable to the heir un- der the current legislation, to the heirs on the grounds that such rights would certainly be acquired by the heir, if not for the end of physical life. The classic thesis is that only real and recognized rights and obligations are inherited. The circle of problematic issues within the article's problems is outlined and alternative ways of their solution are proposed.

The conclusion is substantiated that the approaches proposed today for solving these cases are local, not universal in nature, the likelihood of which is difficult to predict. In order to find a solution, it is suggested that the legislation be amended.

The article reveals the peculiarities of playback theater as a psychodramatic technique, analyzes the current practice of using playback theater in the system of socialization and re-socialization. The author found that socialization, as a necessary process for interaction with the outside world, is manifested in the assimilation and appropriation of social experience for the purpose of productive functioning in it and to construct an image of the common and own world (as a part of the common), which allows a person to live a life while preserving individuality. and creatively influence the world. Within this provision, playback theater should be regarded as a technology of the paratheater system of dramatherapy, which is relevant at any stage of the socialization of the individual or as a means in the mechanisms of socialization. Playback theater contributes to the development of tolerance for social differences, the acceptance of another with all its features, values. Thanks to him, we learn to listen to understand others, because in the performance the main thing is the story of the viewer, the realization of which is impossible in reality without careful perception. The author has found that playback theater as a paratheater system of drama is a rather interesting and important means of socialization and re-socialization of the personality, it can be used in any group of people to solve problems of a wide range. The article describes in detail the content of the playback theater application, namely: social integration of individual subgroups into society; social and psychological adaptation of personality; social-psychological and therapeutic support for people who are in emotional and psychological state; creation of a more favorable social and psychological climate for the team; social and psychological support in complex events; development of personal qualities of children in educational institutions; social and psychological support of people in recreational activities; playback theater as a means of creating space for social networking. Prospects for further research on the topic of the article are to study the attitude of the audience to the performances of the playback theater, the search for the means of expression of the actors, the impact of playback on the children's audience.

The article is devoted to determining the place of the right to information in the system of communicative freedoms, specifying the scope of constitutional protection and clarifying the criteria for its restriction. During the research a wide range of general scientific and special-legal methods of scientific knowledge was used, in particular: logical, historical, comparative-legal and system-structural methods of research. The analysis of domestic and German legal literature on the right to information was important for achieving the goal of the study. The study of the decisions of the Constitutional Court of Ukraine and the decisions of the Federal Constitutional Court of Germany devoted to the interpretation of this fundamental human right was of particular cognitive importance. As a result of the study, the author states that the right to information belongs to the system of communicative freedoms. As a separate communicative freedom, it actively interacts with other freedoms, such as freedom of expression, freedom of the press, freedom of cinema, and so on. At the same time, the right to information is subordinated to the general goal of communicative freedoms – to be an instrument of communication of an individual with society, a real opportunity to express and convey his views, beliefs and opinions to other individuals. The right to information protects access to public information not by a particular group of individuals, but by the corresponding right of each individual. In addition, this right should not be construed as a right to restrict access to certain information. Given this, the scope of protection of the right to information is to protect the right of everyone to access information that is in publicly available sources of information. Such information is the source for forming the views and beliefs of individuals. The appropriate approach should be reflected in the following interpretative acts of the Constitutional Court of Ukraine on the interpretation of the right to information. This fundamental human right may be restricted. However, such interference in the exercise of this right of individuals should not turn into its complete leveling, turning it into fiction. Therefore, along with the purely normative grounds for restricting the right to information, additional criteria are defined according to which each individual case of restriction of this right of individuals must be assessed. Keywords: information, communication freedom, human rights, sphere of protection, restriction of human rights

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 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 is devoted to the analysis of differences in the perception of stressful and psycho-traumatic situations and their influence on personality changes of men and women who took part in the hostilities and who were outside the zone of military conflict during the period of resocialization. The author indicates the features of the socio-political state and those realities that cause a negative impact on the psychological state of soldiers. The reasons for the relevance of the topic of re-socialization of military personnel who have survived traumatic situations are given, and the thesis is expressed on the difference in such a process depending on the gender of the military personnel. The authors' previous experiences on the topics of gender, levels of psychological traumatic situations and their experiences are outlined. Little studied moments have been identified, such as the difference in the perception of stressful and psycho-traumatic situations and their effect on personality changes in men and women who took part in the hostilities and who were outside the zone of military conflict. Recommendations are given on the successful resocialization of servicemen who survived traumatic situations and who were in the combat zone for a certain time. Information is added about the neuropsychological differences between men and women that affect their strategies for experiencing a traumatic situation. The research sample and its features are described, the limitations in the selection and use of research tools are explained. The results are given by quantitative and qualitative methods for which there is a gender difference. Information on the results of the study was summarized, during which the characteristics of the course of emotional and mental disorders in women and men were revealed in the sample, and facts of a decrease in reactive and personal anxiety in military personnel of various genders were revealed.

The article is devoted to the issue on balancing the important interests of a person, a society and the state in cyber space by means of administrative law. The purpose of this article is to determine the legal nature and the role of the correspondence of the important interests of a person, a society and the state in cyber space in the context of administrative and legal provision of cyber security. The paper also deals with a proper balance between the law-enforcement interests of the state and the respect for fundamental human rights. The method of analysis has revealed in clarifying some features of concepts "interest", "need", "right". The method of synthesis has been used to define common concepts, for example "person's interest in cyberspace". Comparative legal method has been used in the process of comparison of the legislation of Ukraine and the international legislation that governs the issue on balancing the important interests of a person, a society and the state in cyber space. The author of this research presents the possible structure of person's cyber security through a set of important person's rights and interests in cyberspace, for example, the right to access to the Internet; the right to protect personal data in cyberspace; the right to be protected from aggressive marketing technologies in cyberspace, the prohibition of monitoring, including through cookies, HTTP, HTML5 markers or other technologies; the right to education, the right to access knowledge through the use of cyberspace etc. Conclusions and proposals of this research can be used for further research and for improving the administrative and information legislation of Ukraine, including the Law of Ukraine "On the Fundamental Principles of Cyber Security of Ukraine". Keywords: the balance of interests of the person, society and state, cyber space usage, public interest, private interest.

Each organization as a socio-economic system is exposed to the factors of external and internal environment; the organizational culture (OC) of the company is in its turn the product of the interrelation between the external and internal environment of an enterprise, so any impact will determine further formation and development of OC. The factors of both external and internal environment can have a positive or negative trend to a change. The problems of the research into the essence of OC and the innovation potential are tackled in many papers of both domestic and foreign authors, but no relationship was identified between the structure and the factors of OC and innovation potential. Therefore, in our opinion, the issue of identifying the factors influence presents a problem. Its defining will make it possible to forecast a positive or a negative trend in the change of the organizational structure that will determine the capacity to enhance the innovation potential of an enterprise. The purpose of writing this article was to study the influence of factors of external and internal environment of the organization on the components of OC and the innovation potential of an enterprise. To explore the problems studied for the article we structured in detail the concepts and elements that OC contains, and also defined the structure of the innovation potential, its components. Comparison of the structures of OC and innovation potential demonstrated the presence of common and interrelated elements. A deeper analysis was conducted by defining the main factors of OC. The results of the analysis allowed determining the place of OC in the structure of the innovation potential of an enterprise. Thus, the following conclusions can be made. First, the structure of OC and the innovation potential contains a shared item, which is microclimate that implies conditions that can facilitate the development of innovation in the organization. Second, the factors of OC for the most part form the structure of the innovation potential: personality of the founder – management style, system of communication; the size of the organization determines its structure, the presence of various technological premises, the possibility of free movement of the personnel and organization of work. Third, production technology, adopted by the organization, determines the level of its innovation potential. The flexibility of OC allows more intensive using and adapting innovation technologies at an enterprise. The scientific novelty of the research. For the first time we formulated a definition of OC as a model of key elements, genuinely correct and the one that is passed on to the new members of the team as a certain dogma. The practical value of the work lies in summarizing and comparing the basic elements of OC and the innovation potential and identifying common peculiarities that makes it possible to define the role of formation and development of organizational culture in improving the innovation of an enterprise. Further objectives are defined as the analysis of influence factors on the Ukrainian enterprises, identification of problems and development of plans to eliminate them or warn about them.

For realization of integration to the EU, the growth of innovation activity is an important key to economic development of the country. However, the absence of efficient incentives for innovation and state support of high-technology companies indicates that the appropriate conditions and the environment for innovative entrepreneurship in Ukraine were not created. The aim of the research is to highlight unsolved problems of innovative development, to identify the factors that slow down the activation of innovation activity of industrial enterprises, in particular in the field of machine-building, and to form the ways to overcome them. To achieve the goal, we applied general scientific and comparative analytical methods. It was found that financing innovation programs requires significant funds. Unfortunately, the government allocates only 1-2% of the total required funds, and as the consequence of it, the main source of financing of innovation activity is still the enterprises' own money, the share of which in 2013 increased significantly and amounted to 72.9% of the total amount of expenditures. We found that the stimulation of innovative development would promote the adoption of positive experience from the industrially developed countries. It was stressed that among the key instruments for the promotion of applied scientific research and designs related to the implementation of advanced technology in the developed countries, a leading place is occupied by the availability of preferential taxation. By the research into theoretical positions and conducted statistical analysis of innovation activity of enterprises, we identified conditions required for the implementation of innovative products at the industrial enterprises of Ukraine: enhancing the participation of national and regional bodies in the coordination and control of the work of industrial enterprises with the increase in the volume of financing for innovation programs; increase of the share of new kinds of machines, equipment, devices in the implementation of innovative products by industrial enterprises; activation of the introduction of new forms of marketing strategy relative to the entering external markets with their own kinds of innovative products. The scientific novelty of the obtained results is based on the proposal for a new approach of using available resources of activation of innovation activity of industrial enterprises, in particular DP "VO" Pivdenny Machine-Building Plant named after O.M. Makarov; on improvement in current legislation by taking into account positive foreign experience of tax stimulation of innovation activity. In the further studies of the problems of innovation development of industrial enterprises of Ukraine, the development of measures will be considered to improve control at the state and regional level to overcome the obstacles to intensify innovation activity.