Suchergebnisse

Some issues of consolidation of the Ukrainian nation are considered. The peculiarity of postcolonial discourse is the study of new types of cultural and social identities, issues of self-conceptualization, and the legitimization of local narratives as national ones. It is known that the phenomenon of collective identity has attracted the attention of many researchers and is actively debated in various social and humanitarian discourses. Foreign science studies this phenomenon mainly according to sociocultural anthropology, sociology and psychology from various theoretical and methodological positions (Z. Freud, E. Erickson, K. Jung, B. Anderson, M. Barrett, S. Bauman, F. Bart, E. Gellner, R. Jenkins, H. Kon, B. Connor, B. Lukman, D. Matteson, A. Melutchchi, J. G. Mead, M. Mead, K. Moscovichi, E. Smith, G. Tejfel, J. Turner, J. Habermas, S. Huntington, etc.). In Russian and Ukrainian science, identity is studied within the framework of philosophy, political science, sociology, cultural studies, and psychology. The author extrapolated the Ericksonian term "identity" to the concept of "national identity". The components of this concept are analyzed, the interconnection of the components is searched and directions of consolidation of Ukrainians are offered.
The emphasis is made on the fact that the level of their morality, synthesized from the various feelings inherited from their predecessors during many centuries of existence of the Ukrainian people on the lands of modern Ukraine, should be considered a special feature of Ukrainian national identity. Historical facts of the formation of the modern Ukrainian people prove the immutability of his desire for freedom, justice, dedication to their ideals, on which the modern society is based and around which consolidation of the people of Ukraine is possible. It is noted that, speaking of the uniqueness of the Ukrainian nation, one should mention its ideological principles, which allowed Ukrainians to defend their interests and protect the values on which national identity is based. It is emphasized that understanding the essence and ways of any consolidation is based on the natural physical laws of the existence of matter, of the world - this should be taken into account in the process of achieving the goal.

The creative activity of Mykhailo Mykhailovych Verbytsky, as one of the brightest representatives of the national elite of the period of the Ukrainian cultural revival of the XIX century, was traced. The importance of the social-cultural mission of the artist, a priest of the Greek Catholic Church, a public figure, the founder of professional music in Galicia and the founder of the national school of composition in Ukraine was emphasized. A representative of the artistic elite, the famous composer M. Verbytsky was a model of professionalism in music and, very importantly, a bearer of national and cultural ideas.
The article raises the question of the significance of the creation of the anthem song "Ukraine is not dead yet": the words of P. Chubynsky, the music of M. Verbytsky. The famous musicial composition, the words and melody of which united more than one generation, united Ukrainians around the world, influenced the formation of identity and awakened national consciousness. Working on the creation of a majestic song, the authors realized that the songs-hymns encode political levers, which reveal the potential for democratic development of the nation and the consolidation of citizens.
After Ukraine gained independence, the text of the anthem was approved, with simultaneous editing, and in March 2003, the Verkhovna Rada of Ukraine adopted the Law "On the National Anthem of Ukraine" to the music of V. Verbytsky, P. Chubynsky's words "Ukraine is not dead yet, and Glory, and Will "– is one of the most important state symbols.
Emphasis is placed on the fact that M. Verbytsky is the author of music for the National Anthem of Ukraine and his life choice, active social activity and creative work carried out a social-cultural mission. The talented composer, spiritual mentor, patriot M. Verbytsky realized the value of what he was doing, worked selflessly and sacrificially, promoting the position of self-affirmation of Ukrainians as free and self-sufficient people.

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.

The article is devoted to the problem of the Ukrainian pantheon of heroes formation in the context of the need for nation consolidation in the war in modern Ukraine. It is emphasized that the need to create a national pantheon of heroes is conditioned by the peculiarities of the historical development of Ukraine, namely: by centuries of struggle for the independence of the state, a large number of victims, heroes, whose graves are scattered throughout the world. The peculiarity of the proposed approach consists in applying the author's concept of heroism. It is emphasized that the creating a national pantheon of heroes is a way of maintaining the prolongation of traditions and representing historical events through personalization. After all, impersonal history does not have a proper effect on the formation of people consciousness and identity. It is emphasized that, on the one hand, the pantheon of heroes reflects the value system existing in society, on the other hand, it forms the consciousness of the descendants, forms a certain system of moral values, leads to the development of modern historical thinking, a national heroic narrative. It is stressed that the special historical situation in modern Ukraine has exacerbated the problem of national identity and demands the allocation of national identities among national heroes, recognized by the majority of citizens. In addition, the problem of determining the heroes on the national and regional scale is outlined. It is emphasized that certain features of the regions requires a careful approach to the formation of the national pantheon of heroes. It is determined that the approval of the latter should include work in the field of information policy and be implemented in the symbolic space (memorials, monuments, street names, etc.). An important role in this context belongs to socio-political leaders and cultural authorities. However should be the field of education and upbringing the leading agent in the formation of the national pantheon of heroes. It is emphasized that the broad informing of citizens about exploits, heroes' activity is one of the ways of dispersing negative external myths about Ukraine. It is established that the degree of consolidation of the nation increases under crisis conditions, and in the current situation, the formation of the Ukrainian pantheon of heroes opens new opportunities for consolidation and solidarity of Ukrainians.

The article is devoted to the analysis of the structure of the state economic policy of Ukraine implementation. The research uses a wide range of general and special legal methods and techniques of scientific research, in particular: analysis and synthesis, induction and deduction; comparative legal, structural-functional, formal-dogmatic methods. As a result of the study, the author substantiates the scientific position that determining the structure of economic policy of Ukraine and its elements, ensuring their coordinated interaction is a priority in the effective functioning of this area of public policy of Ukraine. Unfortunately, the current model of Ukraine's state economic policy in Ukraine is not able to ensure its effectiveness. As a model, it is proposed to take the one developed by German scientists, which provides for the consistent interaction of such elements of the structure of public policy as a strategy, a plan, the implementation of the plan and a report on the implementation of the plan. This model of implementation of economic policy of Ukraine should be the basis for public administration of the economy of Ukraine. Legal support of public administration by economic policy of Ukraine needs to be streamlined and strengthened. According to the author, this goal can be achieved through the adoption, first of all, of the National Strategy for Economic Development of Ukraine, which will become a strategic document. It should specify the purpose, goals, strategic objectives and principles of state economic policy of Ukraine. Based on it, plans for the implementation of this National Strategy should be developed as tactical documents. They should identify step-by-step measures to implement this strategy. Keywords: economy, state policy, administrative law, a structure, legislation.

The article deals with theoretical and methodological approaches to the essence of the state sovereignty in modern conditions of legal globalization and European interstate integration from the point of view of searching for effective means of complex legal modernization of society. The author analyzes the legal content of this category, shows its specific features, reveals the importance of the processes of improving the basic elements of social relations and constitutional modernization of society and the state in modern conditions of legal globalization and European interstate integration. The need for further improvement of constitutional and legal regulation of the most important social relations as a key direction of legal modernization of social relations in a modern democratic state based on the fundamental foundations of European constitutionalism is underlined. At the same time, at the doctrinal level, there is no doubt that the Constitution of Ukraine has a certain degree of almost all the well-known features of the world, in particular, the European, constitutions. Summarizing the above, we consider it necessary to highlight the following main formal and legal features of the Constitution of Ukraine, which is the fundamental ground for modern constitutional and legal reform in our state: 1) a special subject accepting (people's character); 2) the fundamental (institutional) nature; 3) stability is coupled with dynamism; 4) reality; 5) formal and legal properties: the Constitution – the Fundamental Law of Ukraine; its highest legal force; Constitution – the legal base of legislation; A special procedure for making and amending; Special content and structure of the Constitution; Direct effect of its norms. This list is not exhaustive, but in our opinion, it is optimal for defining the main tasks and principles of constitutional and legal reform in the current conditions of legal globalization and European interstate integration. Thus, with the improvement of the Constitution of Ukraine as the main source of constitutional law of Ukraine, it is necessary to focus not only on the modernization of certain institutions that regulate it, but also on the strengthening of its legal properties in general. In other words, the leading role of the Constitution in the system of sources of constitutional law of Ukraine is due to its inherent legal properties, ensuring their effectiveness in society and is a priority task of modern constitutional and legal reform. Thus, under the constitutional and legal reform, in today's conditions of legal globalization and European interstate integration, it is necessary to reform of the sphere of constitutional law directly as a leading national branch of law of Ukraine, the formally-legal improvement and improvement of the constitutional legal material at all its system levels, as provisions, institutions, sub-sectors and industry as a whole. It should also be noted that the subject and object of the branch of constitutional law varies in modern conditions under the influence of a whole range of objective factors of legal and political reality, in particular, it refers to the processes of legal globalization and intergovernmental integration, which, in turn, internally causes the emergence of new branches and subnets of national law, strengthening the internationalization of constitutional law and the constitutionality of international and European law, the adaptation of domestic constitutional laws and to basic European legal standards as a prerequisite quality of the constitutional and legal reform in accordance with objectively existing conditions of society. The need for further improvement of the constitutional and legal regulation of the most important social relations as the most important line of public power in the context of the perception of the European legal system by the national legal system of Ukraine

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 purpose of this work is to analyse the current state of regulation of the supervisory boards of joint stock companies in Ukraine, in particular the features of their work on state-owned enterprises. A review of the practical aspects of regulating the activities of supervisory boards of joint stock companies in Ukraine is made. By applying analytical methods the provisions of regulations in the field of corporate law the latest changes in
the legal status of supervisory boards of joint-stock companies are studied, and their applicability to state joint-stock companies is assessed. In addition, these changes are compared with the provisions of international standards in the field of corporate governance of state-owned enterprises, in particular the standards of the Organization for Economic Cooperation and Development (OECD). The article deals, inter alia, with the concepts of "supervisory board", "state-owned enterprise", "fiduciary duties", as well as issues of transparency and integrity of the work of supervisory boards. In addition, the issues of the latest practice in the work of supervisory boards of state-owned joint stock companies and how the powers of the supervisory boards were exercised are considered.
According to the results of the study, the current regulations are quite complex, inconsistent and contain internal contradictions, which, on the one hand, create risks for the effective exercise of powers by supervisory boards, and on the other hand, the risks of abuse by supervisory boards.
The authors concluded that it is necessary to improve the legal framework governing the work of supervisory boards of state-owned joint-stock companies, generalize and unify practices on various issues of competence of supervisory boards, as well as provide certain criteria for compliance of supervisory board members with professional experience requirements in a particular field and with requirements of transparency about the absence of conflict of interest.

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.

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.

This article is devoted to the interdisciplinary research of Migration Policy and determination of Main Trends of its realization in Ukraine at the current stage. The authors aim to analyse and characterize migration as the subject of interdisciplinary research, because the Governmental Migration Policy should be formed on the basis of international legal standards, taking into account the demographic and economic indicators, conditions of labor market, etc.

The Basic Steps of Migration Policy-making have been defined. The study finds that during the era of strengthening of integration relations between the countries and dynamic globalization processes, the external migration becomes an inevitable phenomenon to provide the exchange of experience, increasing level of professional qualifications, as well as strengthening of business relations between the countries through transfer of labor resources. At the same time, in Ukraine the phenomenon of the international labor migration has become so widespread that the status of this issue determined it as a priority problem to be solved in the near future; first of all this situation has been caused by the refusal of people traveling abroad to come back to their native country, being the "catalyst" for a number of another problems, which are related, in particular, to the social and economic and innovative development of the country. Migration is one of the factors of demographic development in Ukraine, it involves the redistribution of the population among the regions, while, on the other hand, this re-distribution influences the demographic disbalance within the

regions of the country.

The authors have also identified that the efficiency of migration policy is determined by degree of consideration of the factors of political, economic, social and demographic origin, as well as by the trends of international labor migration. Under the circumstance of the demographic crisis, many countries have been interested in Ukrainian labor migrants, thus, in the article have been find, that only the effective governmental policy will allow to suspend the process of the outflow of domestic labor force, along with the simultaneous provision of adequate protection for those citizens who would like to get employed abroad and conditions for their coming back to Ukraine.

On the basis of the study results, the main trends of implementation of Migration Policy in Ukraine have been identified: lack of system of collecting and analyzing the statistical information; low level of protection of rights and economic well-being of the employees; absence of any bilateral agreements with those countries where a large number of Ukrainian migrants have been located; significant volume of educational migration; impact of the military and political situation upon the situation with migration. The authors draw attention to the fact that the mentioned trends into consideration, the governmental policy in the field of migration should become comprehensive and devoted to determine the methods of reducing the level of labor migration of the employees, outflow of the trained personnel, as well as promotion of coming back of the migrant workers back to Ukraine.