Suchergebnisse

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 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 methodological bases for the of research on the mechanism for of law-making of a unitary state. The article is devoted to the study of the nature and role of methodology in the formation of the Ukraine's legal system during the law-making mechanism. Much attention is given to problematic approaches to determining methodological bases in law-making mechanism. The purpose of this article is to analyze the current state of lawmaking in Ukraine and to make proposals based on the methodology of law. The article explores the concept of methodology on the basis of which the methodological bases of lawmaking are determined. The author states that the methodology of research on lawmaking should cover the analysis of scientific approaches and application of own methods, which allow to identify the most essential characteristics of this legal phenomenon, to distinguish structural elements, to indicate the ways of the most effective preparation and adoption of legal acts. Law-making process is a form of the state activity intended for on the creation (or revision) of legal norms. The law-making process and the role of the legisla- tive bodies in it are based on the constitutional principles of democracy, separation of powers, social state. Scientific search for a theoretical and methodological tool for considering and solving the problems of lawmaking is carried out within the framework of legal positivism – consideration of law as a set of norms established and sanctioned by the state, the violation of which is followed by measures of state coercion. This implies the rejection of the metaphysical side, related to the disclosure of the essence of legal phenomena. The problem of specification as a legal phenome- non is considered. At the heart of the author's research there are the methods used to investigate the elaboration of law-making. The author comes to a conclusion that the choice of a certain method in the course of a specification will promote the improvement of this process as an important legal phenomenon as well as the improvement of modern legislativeprocess.

The article explores the court fees related to the execution of court orders, which are addressed to the competent authorities of foreign states in civil cases with a foreign element. The Civil Procedure Code of Ukraine does not state that the costs associated with the execution of court orders, addressed to the competent authorities of foreign states, are court fees. Therefore, the questions on which of the above fees can be attributed to the courts fees and the procedure for their reimbursement are raised. The importance of clarifying these issues requires the application of the uniform approaches to such cases consideration in Ukrainian courts. It is determined as the main purpose of this article. The case-law shows that in most cases where a court needs to apply to a competent authority of a foreign state, the person concerned must pay for the certified translation of the statement of claim and the attached documents into the official language of the requested state and pay for service of documents. In our conclusions, we propose to divide the court fees associated with the execution of court orders addressed to the competent authorities of foreign states, depending on the procedural actions that are being carried out, and to include the fees associated with the execution of court orders addressed to the competent authorities of foreign states, to the fees associated with the case, namely to the fees associated with other procedural acts necessary to the case consideration or to prepare for its consideration, which will ensure the right of the interested party to reimburse such fees in future.

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.

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

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

The article considers the comparative and legal grounds for the definition of the category "marriage" in family law of Ukraine, interpretation of the concept of "marriage-like unions" in legislation, judicial decisions and legal doctrine of EU states. The author defines the characteristics and peculiarities of these concepts, outlines the approaches to the regulation of family relations in this field and formulates conclusions and proposals aimed at the harmonization of national legislation with EU law.

In the article, both general scientific and special legal methods of research have been used. In particular, comparative-legal, historical, formallogical and other methods have been applied. The article concludes that the example of some European states proves the existence of the advanced legislative approaches to the legal understanding of family unions.

In Ukraine the marriage is exclusively a family union of a female and a male registered with the state registration authority for civil status acts. In the laws of EU states different and much broader criteria for treating such unions can be applied. The presence of various legal forms of unions indicates that foreign law recognizes a family union between persons irrespective of their genders and recognizes such family union as a family. It is said that a characteristic feature for a family is a stable relationship. At the same time, harmonization of the Ukrainian legislation with the EU legislation in the field of marriage and family relations may take place on specific issues (for example, a registered partnership), but it is not advisable to adopt a foreign legal model, since in Ukraine there are distinctive factors for the formation of family relationships, such as traditions, religion, culture.

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

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

In the article the analysis of modern researches of the personality of employees of the state employment service has been carried out. The psychological aspects of the lack of desire for self-development and self-knowledge of employees of the State Employment Service of Ukraine are described. The 53 persons (38 of which have no higher education) are retraining at psychologist at the Institute of Personnel Training SESU) took part in the research. The revealed factors that have an influence on the indicator of personal self- development of the employees of the SESU: orientation in time, creativity and plasticity of behavior, empathy, emotional management, taking responsibility for their emotions, motivating achievement.

The article presents an analysis of the legal basis for implementing the law enforcement function of the state in the economic sphere, Ukraine's entry into the single European economic and political space. The importance of the law enforcement function of the state in the sphere of Ukraine's economy in the context of legal regulation, which is directly related to the sovereignty and protection of national interests, is analyzed. Legal regulation of the economy should be carried out in two priority areas: regulatory consolidation of acceptable mechanisms that develop as a result of natural economic laws; economic development to achieve the interests of the state and society in the context of European integration. The directions of improvement of legal regulation of the economic sphere of Ukraine are offered, namely: improvement of the normative-legal base of realization of the system of measures of financial safety maintenance; effective legal regulation of economic relations; compliance with the provisions adopted by the legislation of Ukraine in the field of prevention of corruption violations; ensuring fair competition, supporting entrepreneurship and others.

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 article is devoted to understanding the specifics of the social mission and the state of legal consolidation of the administrative legal personality of councilors in public authorities and local governments. It is emphasized that the problem of selection of candidates for the positions of advisers to the heads of public authorities is the subject of lively discussion, as a rather controversial collective image of the adviser has formed in the public consciousness. This is due to his belonging to officials who hold a particularly responsible position and perform official duties in the presence of a high level of corruption risks. It is established that the commitment of candidates for advisers is carried out in the context of providing scientific support for the formation and implementation of public policy, implementation of best management practices, finding optimal management and legal algorithms for resolving conflicts, improving the quality of management decisions. The urgent need to improve the domestic service legislation by adopting a special law on patronage service in order to unify the legal framework for the organization and operation of patronage services. First of all, it is necessary to normatively enshrine the right of specific public authorities to establish a patronage service, to provide an exhaustive list of patronage service positions for each of these bodies, to provide the right of equal access to patronage service, to introduce a single mechanism for selection and appointment of patronage service employees. professional achievements and personal business qualities, to differentiate their powers depending on the specifics of public authority of individual officials, which create patronage services. There is also a need to specify the functions, main tasks and powers of advisers to heads of public authorities, articulation of basic qualification requirements for candidates for advisers, clear definition of legal bases of interaction of advisers with career civil servants and communication with civil society institutions, articulation of moral and ethical imperatives. official activity of advisers. Keywords: public service, patronage service, adviser in state authorities and local self-government bodies, staff adviser, advisor on a voluntary basis.