Suchergebnisse

The article refutes traditional ideas regarding the existence of the unified and inherent in each specific branch of law method of legal regulation. The following aspects are substantiated: (1) erroneous conclusion that the method of legal regulation is one of the obligatory criteria for distinguishing legal norms in the field of law; (2) that the existing definitions of the concept and content of these methods are controversial; (3) the need to clarify and the issue in question itself, namely whether it is about methods of legal regulation or methods of law, the identification of which is erroneous; (4) incompleteness of the proposed features and systems of these methods; (5) unjustified underestimation in the formation of the doctrine of methods of legal regulation of their conditionality not only by the subject, but also by the purpose and objectives of each of its types, and by what means each of them can be solved. The article proves the following: (1) since the law in the objective sense performs the function of the method, in the theory and practice of legal relations it would be more appropriate to use the concept of not "method of law", but "method of legal regulation"; (2) in the structure of any method, it is necessary to distinguish its content, which is a system of relevant requirements, rules, guidelines, recommendations, etc., and its form, which is the appropriate method of its application; (3) each type of legal regulation provides for the need to solve a huge number of tasks, and therefore uses a huge number of appropriate tools, which include its methods, each of which is marked by its own content and form, its inherent features and has its own structure, which facilitates the choice for its use of the appropriate course of action; (4) components of the system of methods of legal regulation are common law, branch, methods of separate legal institutes and methods of solving separate (atypical) tasks, which determines the relevance of their classification; and (5) methods of legal regulation can be properly characterized only in a system of comprehensive consideration of the following issues: (a) the concept, purpose and objectives of legal regulation; (b) its object and subject; (c) means of legal regulation and what tasks they aim to solve; (d) ways and features of the procedure for their application, fixation and procedural forms of use of obtaining results with their help; (d) subjects authorized to use them; and (e) ways of legal support for the proper use of appropriate means and results obtained with their help. Keywords: legal regulation, branches of law, subject, methods, means, content, form, system, methodology.

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

The article is dedicated to empirical investigation of Theory of Mind of persons dependent on psychoactive substances. Searching new approaches to medical treatment, psychological and social rehabilitation retains an actual subject of scientific interest. Inclusion of the Theory of Mind to rehabilitation and corrective programs can be a perspective direction. The purpose of this article is to analyze the Theory of Mind peculiarities in persons who are addicted to psychoactive substances, as well as to determine the interconnection between the Theory of Mind, alexithymia, and personality dispositions. The following methods have been used: Theory of Mind assessment scale (Th.o.m.a.s), Toronto Alexithymia Scale (TAS-26), Big Five Personality Test (5PFQ). Statistical tools: descriptive statistics and non-parametric (Spearman's correlation coefficient, Mann-Whitney U test). Study sample – 32 persons, who are addicted to psychoactive substances (median 41 y.o., SD 11,83). As a result of this empirical study, we have found several peculiarities of the Theory of Mind in persons dependent on psychoactive substances. We have compared this result to previous findings obtained by authors of the Th.o.m.a.s test. There were determined the number of connections between the Theory of Mind and other psychological features. Theory of Mind in persons dependent on psychoactive substances is characterized by a reduced understanding of their own emotions and feelings. This appears as poor differentiation of emotional experiences and physiological manifestations of the body. Another peculiarity of Theory of Mind dependent on psychoactive substances is a poor allocative perspective. It means that dependent on psychoactive substances cannot or do not want to «walk in someone else's shoes», this is why they project their own beliefs.

Recently, there has been a rapid development of neoinstitutional economic theory, including, in particular, the theory of transaction costs. In the Western economic science this theory is widely applied for the study of the activities of the public sector. One of the transactions of the public sector includes taxation. The aim of the research is substantiation of the approaches of the theory of transaction costs for fiscal management under conditions of reforming the system of state governance in Ukraine and gradual integration into European structures. We used general scientific methods: cognition, system analysis, analysis and synthesis, as well as comparison. Taxation was studied as a specific act of the agreement between the state and the business. Filling the state budget by tax revenue, the state solves important issues of socio-economic development and has a resource for its own functioning. Entrepreneurs are interested in providing the state with financial resources because the state is the provider of public goods and efficient structure of business activity regulation. It was proved that the relationship between the state and the business have transaction character. In this case, the taxes are considered as certain transaction costs, i.e., the fee for the use of public benefits and the institutions that govern the business relationships and establish "rules of the game" in the market. It was substantiated that the theory of transaction costs allows comprehensive researching into the interaction of state structures with taxpayers given the uncertainty, information asymmetry, limited rationality, opportunistic behavior, specificity of interests, contractual risks, etc. We established that this very theory provides a full description of mutual cooperation between the authorities and the businesses in the process of formation of tax policy and execution of tax management functions. Scientific novelty of the research is provided by the proposed theory of transaction costs for scientific substantiation of tax management in the period of structural transformations of the economy. The practical result is the use of institutional approaches to the formation of the reformation of the tax system in Ukraine and its transition from a purely fiscal to an investment model considering all participants of the process of taxation, as well as assistance in overcoming the contradictions between them and the opportunism in the behavior. A promising direction for further research in this area is the use of neoinstitutional approach at micro–level for the analysis of transactions between taxpayers and government agencies, as well as overcoming information asymmetry in the process of implementing peculiarities of tax management.

Purpose - to formalize of innovative investment mechanisms for regulating the economic security of the state and to justify the prospects for their development on the basis of modern economic approaches. Design/Method/Approach. The research used a systematic approach, general scientific methods of analysis and synthesis; the information basis of the research is the regulatory framework and reporting data of the State Statistical Service of Ukraine. Findings. The content of innovation-investment mechanisms for regulating the economic security of the state is formulated as a set of forms, methods, instruments to stimulate the creation, introduction and promotion of product, technological, organizational, managerial and other innovations to the market in accordance with the strategic priorities of national security. Theoretical implications. The research is the definition of priority innovative and investment mechanisms for regulating economic security: organizational, legal, financial, industrial and technological, personnel, expert-consulting. Practical implications. The practical significance of the results of the research is the development of recommendations to the state administration bodies regarding the implementation of a set of economic and administrative measures aimed to protect the national interests of Ukraine in the sphere of recreating and preserving the domestic scientific, technological and technological potential. Social implications. The social significance of the research results is manifested in strengthening the economic component of ensuring the citizens' constitutional guarantees for security, protecting their lives, health, honor, dignity and immunity by increasing the state's innovative investment potential. Originality/Value. The originality of the article is to determine the tangent points of the theories of dependence on the trajectory of previous development and transaction costs that will facilitate Ukraine's exit from the institutional trap. Research limitations. The limitation of the research is the imperfection of the method, the sampling of data, the inability to access certain innovative investment mechanisms in the analysis of the economic security of Ukraine due to the state secrets. Future research. Prospects for further research are the development of the theory of transaction costs and its adaptation to the definition of foreign economic aspects of the state regulation of the national security. Paper type - conceptual.

Purpose. Purpose of the research is to analyze of the concept of dynamic capabilities aiming at formation of the correct terminology. Design/Method/Approach. This a conceptual paper is based on the academic literature analysis.Findings. The paper analysed the historical development of the concept of dynamic capabilities from the moment of introduction of this expression and till now. The study described the main theoretical struggles іn the concept, which can have influence on the correct understanding and, thus, translation. The two main academic discussions concerned with dynamic capabilities are reviewed. Different definitions of organizational capabilities are analyzed and their influence on the formation of the understanding of dynamic capabilities is performed. A set of most popular definitions of dynamic capabilities is offered in the work. Those definitions indicate different aspects of the currently running academic discussion on the concept. Theoretical implications. This paper is important for the academic discussion on dynamic capabilities in the Ukrainian academic segment, since an approach for unambiguous understanding of the terminology of this concept is proposed. Originality/value. Since different understandings of the concept of dynamic capabilities may mislead the translators from English into Ukrainian, the most appropriate translation terminology is proposed. Paper type - conceptual.

The article deals with the heuristic potential of the sociological theory by Giovanni Arrighi in the study of the dynamic aspect of the formation and maintenance of global inequality systems. To achieve the goal – to analyze the applicability of the dynamic aspect of the theory to study the mentioned topic – the changes of systemic cycles of accumulation and hegemony is analyzed. Special attention is paid to transitional points in which a hegemony crisis occurs and one cycle is being replaced by another, after which one can observe the hegemony transit. The cases (Genoa, Amsterdam, United Kingdom, USA) that Giovanni Arrighi selects to illustrate the cyclical nature of the historical development of world capitalism and the financialization character of these processes are being considered. The article studies the method of how G. Arrighi applies the Marxian formula of capital accumulation (M-C-M') to the description of the mechanism for changing accumulation cycles; its potential for studying this process is analyzed. The distinctive features of the development process of accumulation cycles are studied: movement towards the formation of a stronger cosmopolitan empire, historical and geographical conditionality, double movement forward and backward. In the final part, possible vectors of the future development of the world order and the formation of new global inequality systems according to G. Arrighi's vision are examined. Particular attention is paid to the role of transnational corporations in the expansion of world capitalism. The result of the work is a critical analysis of G. Arrighi's theory, which determines the strengths and weaknesses in the study of a chosen subject, and also identifies potential areas for further research. An attempt is made to apply the dynamic aspect of the concept to explain the nature and functions of global systems of inequality.

The paper deals with a research of Tort law school development in St. Volodymyr's University – Taras Shevchenko National University of Kyiv. The purpose of the research is to analyse the development of the Tort law school and to study the main trends and key directions of the development. The author applied lots of different research methods, among which were historical and legal method (for the analysis of the works from the past), analysis and synthesis (for stating the peculiarities of the research approaches in different studies' periods). Also, such methods as philosophy methods (dialectic and hermeneutic), general research methods (systemic and structural-functional), general logic methods (induction and deduction, analogy, abstraction, generalization, formalization, and modelling) were used.
The topic of civil torts was interesting for the researchers from Kyiv University law school any time while the depth of interest and research approaches differed depending on the historical period. Before the revolution of 1917 the researchers mostly looked on the torts as on the type of civil obligation and the reward for damage caused. No one treated the torts from the standpoint of a type of civil liability at that time. The Soviet period of the Tort law School development was characterized by a change of the research vector. The researchers started focusing on civil torts as liability rather than civil obligations. Tort liability is a type of civil liability and the latter is a type of legal liability. That causes a regime when the researchers (some well-known names of that time are: Gennadiy Matveev, Yuriy Matveev, Dina Bobrova, Yaroslavna Shevchenko etc.) mostly analyse civil tort as a civil liability. They focused their attention on the foundations and the conditions of tort liability. Precisely at that time, the theory of "civil wrong compound" as the main foundation of civil liability appeared. Independent Ukraine spawned a new pleiad of researchers whose research interest was civil torts. Modern civil law doctrine started refusing the understanding of civil tort as a type of civil liability. It comes back to the tort as a type of obligation. Moreover, modern researchers look on the tort's issues much wider – through the prism of legal regulation mechanism. Constantly, modern researchers of Taras Shevchenko National University Law School pay great attention to the new topical spheres of torts, particularly to non-pecuniary damage compensation, damage compensation caused by the State and State agencies and product liability together with digital product liability. Keywords: tort, civil liability, damage compensation, history of legal research, scientific school.

In the article, the legal aspects of information security in telemedicine in Ukraine are considered from the modern theory of information law based on current Ukrainian legislation and regulations of the European Union. The topic's relevance is due to the need to improve the legislation of Ukraine to provide a comprehensive theoretical justification for enhancing the effectiveness of information security. In the course of the study, the methodology of the systematic, comprehensive analysis of legal phenomena using factor and evolutionary research methods was applied. It is noted that modern information technologies allow doctors to provide remote medical care to monitor patients' health constantly. During the COVID-19 pandemic, the need for remote medical care has increased. It is indicated that telemedicine technologies are used to conduct research and detect diseases based on the automated processing of large amounts of personal and medical data. In the digitalization of medicine, the importance of information security of patients and other subjects of telemedicine activities is growing. The processing of large amounts of personal data on patients' health in information systems increases the risks of privacy violations and requires higher standards of information protection.

The article reveals the heuristic potential of the sociological concept of social activity developed by the founder of the Kharkov Sociological School E. A. Yakuba in the 1960- 1980s. Based on historical and sociological material and conceptual analysis, the author demonstrates the potential of this concept from the sociology of knowledge perspective. He analyzes a number of related categories and problems that are introduced by E. A. Yakuba to discuss the problems of social activity. It is emphasized that the elected by E. A. Yakuba position allows to study and measure social activity in detail (that is, answer the question "how?"), However, it is the sociology of knowledge that gives a chance to study the sociogenesis and ontogenesis of social activity (that is, answer the question "why?"). The definition, systemic connections and methods of operationalization and indication of social activity proposed by E. A. Yakuba are given and analyzed. A separate emphasis is placed on the analysis of how the category of "social activity" is associated with the category of "subjectivity". The most important plot is the connection of the social essence of activity, that is, its inclusion in the sociality of the individual as a connection with the social whole. The evolution of the views of E. A. Yakuba on these categories, as well as their relationship with social maturity, activity, personality, is investigated. The possibilities of the sociology of knowledge in synthesizing various aspects of E. A. Yakuba approach are explored. Particular emphasis is placed on the consistency of E. A. Yakuba's theory, and also the limitations and specifics of the (often implicit) influence of Marxism on its development have been studied. The conclusion about the possibilities and limitations of updating the concept of "social activity" in a sociological-knowledge reassembling of E. A. Yakuba's theory is formulated.

The paper raises the issue of exacerbation of psychological problems caused by the political and economic environment, which creates a general social tension and becomes a background that exacerbates the existential problems of the individual. That's why author emphasizes on a particular need for the development of therapeutic direction and a detailed and well-grounded development of therapeutic concepts. It creates ways of an effective solve of current problems of psychological health and well-being of the person.

The article explained the conceptual provisions of the establishment, operation and therapeutic work with the symptom. The main characteristics, structure and overall symptom phenomenological expanse from the standpoint of the existential approach of the theory of system solutions and system modeling. Psychological functions of a symptom are considered. Issues of operationalization of a symptom and definition of conceptual provisions of its formation are solved . Basic rules of interpretation of a symptom and interpretation of the concept are described in terms of several approaches. The conceptual provisions of symptom formation that allow to include it in psycho-corrective methods are considered in detail.

The methods of the existential-systemic technological approach for providing psychological assistance to the client are analyzed and empirically tested, providing dynamic changes in the content of the "picture of the world" of clients in the cognitive and ontological plans. According to the empirical study, psychosomatic, emotional and behavioral symptoms were presented. It has been shown that symptoms with different specificities have unchanging constituents and functions. It also has been shown that applying an existential approach helps the symptomatic client to produce a new, better reality that will take into account the actual needs and aspirations of the subject. Thus, the main task, which is directed and work with the symptom – is the person's approach to himself/herself, greater sensitivity to his own real existential aspirations.

The paper is devoted to the study of the current state of taxation system in the period of its reform and to further designs in the field of fundamental bases of taxation. The purpose of writing this article is an in–depth study of the nature, the essence of risks in the sphere of taxation, consideration of the content of the system of the risk management and substantiation of conceptual bases of the efficiency of the taxation risk management by introducing a systematic approach under conditions of a large share of the shadow economy. The study was conducted with the use of the methods of deduction and induction, system approach, analysis and synthesis on the basis of the legislative framework of Ukraine, data by the state fiscal service of Ukraine, data by the state statistics service of Ukraine, papers by domestic and foreign economists, materials of the authors' research. The nature and position of taxation risks in the system of their management were studied. It is proven that the taxation, as well as economic, risks are usually too overestimated, because as far as the cost is concerned, the measures to improve the performance results of human capital are very vague and formed under imperfect information conditions. The need for a systematic approach to managing taxation risks was identified. The main elements of the management system of taxation risks were considered. The influence of human capital and information on the efficiency of taxation risks management was proven. Special attention is paid to the feasibility study of taxation risks in the system of their management and to minimization of countermeasures. It is proven that such a system can be described as a set of certain methods, procedures and measures that makes it possible to forecast the deficit of tax payments and to take measures in regard to minimizing abuses in the taxation field. The main elements of the taxation risks management system were considered. This system is a set of interconnected and interrelated elements such as: 1) the essence and the original sources of risk; 2) analysis, evaluation and description of the risk; 3) methods of minimizing risks; 4) monitoring of measures of prevention and counteraction of risk. It is proven that the method of systematization of the taxpayers is applied according to the standards for determining the taxation risks in the system of their management. This approach will allow implementing into practice a new strategy of organization of the control and revision work with significant reduction in the cost of implementation of planned inspections. It is stressed that the taxation risks should be considered as a scientific basis for the design of the criterion of the efficiency of creating systems of national taxation security. Like any risk, taxation risks must not be identified only, but kept to a minimum. To do this, it is advisable to apply a taxation risks management system as a set of certain methods, procedures and activities. The use of human capital and information software will provide for reaching the necessary level of efficiency. The application of a systematic approach in the theory and practice of taxation will help to anticipate the negative consequences of the impact of the external environment; will contribute to the efficient monitoring of the risks and their practical management. The fiscal service may increase the amount of tax revenue to the budget by reducing tax abuses (tax evasion). This, in turn, will promote the exit of the economy out of the shadow. Scientific novelty of the research is in the deepening and determining the nature and the essence of taxation risks, as well as the substantiation of conceptual bases of the efficiency of their management through the implementation of a systematic approach. Adopting a systemic approach will allow fiscal services to efficiently manage taxation risks. A promising area of research is to review regulating documentation of the state fiscal service on the basis of a systematic approach and consideration of taxation risk as a measurement of results of human capital performance and imperfect information provision.

The paper deals with the study of Ukrainian constitutionalism and its development during the restoration of Ukraine's independence. The category of "constitutionalism" is a topical issue in legal doctrine, and it is analysed concerning various aspects in constitutional law and the theory and history of law. Constitutionalism is a universal concept that contains the basic principles and values, but a certain specificity of this term has its own feature regarding the example of a particular state. That is why the category of "constitutionalism" is an actual topic. The article aims to examine constitutionalism and its features in Ukrainian legal system. The author places special emphasis on the period of restoration of Ukraine's independence. The independence of Ukraine influences the peculiarities of the development of Ukrainian constitutionalism, which derives from the European model of constitutionalism. The Constitution of Ukraine is an important object of analysis of the specifics of Ukrainian constitutionalism. The author determines that the Constitution of Ukraine enshrines independence as the basis of the constitutional order. Article 1 of the Constitution of Ukraine states that Ukraine is an independent state and the Constitutional Court of Ukraine's practice reveals the essence of independence as a constitutional value and a constitutional principle. The author uses systematic, structural, and comparative legal methods as a complex approach to obtaining the results of the research. Finally, the research contains the conclusions that enable the author to provoke the motivation for studying the outlined topic in other scientific works. The paper aims at contributing to the growing research highlighting the current issues of Ukrainian constitutionalism. Keywords: constitutionalism, Ukrainian constitutionalism, independence, restoration of independence of Ukraine, Constitution of Ukraine.

Social work both in Ukraine and globally is currently developing its own research approaches and knowledge. The article - based on the analysis of foreign scientific literature and the experience of implementing the intervention "Workshop of Opportunities", which was accompanied by an implementation of multi-method research - describes the modern paradigms and strategies of research in social work.It is determined that in the scientific literature we often talk about positivist, interpretive and critical paradigms of research in social work, which differ not only in methodology but also in involving various participants in the research process to build knowledge, which is fundamentally important for the activity and development of social work. It is noted that non-positivist paradigms of research are becoming more widespread, within which subject-subject relations are formed and people who are traditionally excluded from this process are involved in the construction of knowledge.Various research strategies (research in action, narrative analysis, ethnographic research, etc.) and a multimodal approach that may represent the integration of practice and theory of social work are considered. Examples of the use of such strategies in foreign research in social work are given.Self-reflection of participation in the development, implementation and evaluation of the results of the experimental intervention "Studio of Opportunities", which aimed to improve the quality of life related to health in HIV-positive women with children under 6 years by integrating medically and economically oriented programs. The methodology of external and internal evaluation is described, which confirmed that such new interventions can be introduced in social work, for which there are no standardized, validated measurement tools. The conformity of the used research strategies to the ethical principles of social work is discussed, the advantages and limitations of the application of different paradigms (positivist and critical) research are determined.