Suchergebnisse

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.

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.

The article is dedicated to studying of the social nature peculiarities of the new social entity that emerged due to the implementation of the decentralization reform in Ukraine – the united territorial communities (UTC). On the level of sociological theorizing, the authors substantiate the relevance of the «sociological positioning» of the united territorial communities as a new social institution, a new social entity and a new sociocultural form. Based on the results of sociological research with the qualitative methods, the authors distinguish three dimensions / levels of social subjectiveness of the leaders of the united territorial communities as the main representatives of community management – institutional, civic and problem-oriented. Having value and activity-based nature, each of the dimensions of social subjectiveness identified by the researchers finds its manifestation at the dispositional and actualized levels. Particular attention is paid to the analysis of factors that, due to researchers' beliefs, have influenced on the formation of certain dimensions / levels of subjectiveness of UTC leaders – a voluntary (not administrative) way of community association, new financial opportunities and a direct state-community interaction model. It is emphasized that the united territorial community is simultaneously directly embedded in the system of direct social interactions at different levels of social – from interaction with the state (Ministries) at the macro level, construction of practices at the level of interaction with different social groups (businessmen, farmers, state employees, etc.) at the mesolevel before reaching the micro-level of individual interaction within the community itself. Analyzing the results of this study, the researchers conclude that the decentralization reform has contributed to the internal consolidation of local communities at the level of united territorial communities, the intensification of social interaction between different subjects of the UTC, the formation of new sociocultural forms. The analysis of the dimensions / levels of social subjectiveness of the UTC leaders makes it possible to conclude the positioning of the united territorial communities as effective subjects implementation of other reforms in Ukraine at the regional level.

The research aims to study the organizational aspects of financial support for the agro-industry of developed countries and to determine the possibilities of their implementation in Ukraine. The article analyzes the experience of state and credit financing of the agro-industry of developed countries (using the example of the United States of America, countries of the European Union, Canada and Japan); their positive features and possibilities of implementation of this experience for Ukraine are highlighted. Studying the experience of financial support of the agro-industry of developed countries, we can conclude that they have developed specific systems for servicing agricultural production. This is caused, first of all, by the peculiarities of this sphere of economy, namely the need to eliminate the phenomenon of economic crises that arise for various reasons: cyclical economic development or socio-economic instability. State support of the foreign agro-industry in multiple countries has positive consequences. However, it is impossible to apply a separate instrument of state support in Ukraine based on foreign experience for various reasons. Firstly, in the EU and other developed countries, the agricultural sector is characterized by the overproduction of farm products. On the other hand, in Ukraine, it is necessary to increase the production of domestic farm products. Secondly, before deciding to increase state support for the agro-industry, it is essential to take into account the level of the budget deficit, for which Ukraine is unlikely to be able to take specific measures compared to other countries. In addition, it is worth taking into account the significant losses of the agro-industrial complex as a result of military operations on the territory of Ukraine and the redistribution of the state budget to minimize these consequences. Without available budget funds, it is impossible to ensure the proper level of development of the agricultural sector of the Ukrainian economy.

The article analyzes various forms of protection of the rights of individuals to compensation for harm caused by a medical specialist, which are used in different countries around the world. In particular, special attention is paid to those approaches to pre-trial and out-of-court dispute resolution arising from patient harm relationships used in the United States. Among the most common ways of resolving such disputes are seeking help from a separate body or unit of a medical institution (risk management), mediation and negotiations in medical disputes, pre-trial inspections ("screening panels"), which allow to find a more compromise way to protect individual rights, affected by the actions of medical specialist. Accordingly, the first part of the article carries out a terminological analysis of the category "relationship of harm to a health worker" and the search for the closest term ("medical malpractice"), which allows for research in English-language scientific sources. The second part of the article is devoted to the analysis and generalization of the methods used in the practice of other countries to compensate for damage caused by a medical specialist (medical malpractice). The last part of the article analyzes the Ukrainian legislation and practice of national courts, which showed that in cases of compensation for damage caused by a medical specialist, there are no common approaches and single law approaches. In particular, attention is paid to the procedure for assessing the quality of medical services provided in 2016 by clinical expert commissions of the Ministry of Health of Ukraine. The study provided an opportunity to justify in the conclusions the need and feasibility of introducing additional out-of-court methods of resolving disputes arising from the relationship of harm to medical workers.

The article reveals the legal nature of the principle of openness and transparency of a trial and the enforcement of judgments as an integral part of the concept of a person's right to a fair trial. The purpose of our study is to find out the main approaches to the openness and transparency of the enforcement of judgments in the light of international and European standards, such as the laws of England and Wales, the US and EU law. For our comparative study, the United States Federal Rules of Civil Procedure and Civil Procedure Rules of England and Wales have been selected in view of the need to study the world's best practices. The European legislation governing the provisions of the European Enforcement Order and the European Order for Payment and European Small Claims Procedure, are among the objects of our study. Provisions on common minimum stand- ards for civil procedure in the EU, which are in the process of legislative implementation, are examined as examples of the standards of openness and transparency of justice and enforcement of judgments in the EU. They are also among the sources of our study on, transparency and openness in the administration of justice and the enforcement of judgments.

In this article the terminological problems of translation of the terms "public hearing", "open court", "open trial" and others relative terms are analyzed in depth, based on their legal content and essence.

As a result of the research, the concept of open enforcement of court decisions as an integral part of court proceedings is proposed to imple- ment, in particular, by introducing the institution of review of court decisions and other documents subject to publication in accordance with the procedure established by law, attorneys or agents affairs.

The research aims to determine the role of self-regulatory bodies in monitoring advertising activities and in protecting the child from their adverse influence, to assess the current state of self-regulation in this area in Ukraine and to determine necessary components for its systematic implementation into domestic legal system. In order to achieve aforesaid aims the following methods of legal research have been applied: analysis, systemic analysis, generalization, legal modeling. Specifically, the method of analysis has been used to extract the features of the successful activities that are conducted by selfregulatory organization in other countries. To derive patterns and clarify the reasons for the effective activities of self-regulatory organizations, methods of generalization and systemic analysis have been used. In addition, the method of legal modeling has been elaborated in order to determine the possible ways of self-regulatory system implementation in Ukraine. The author analyzes the concept of self-regulation. The advantages of self-regulation in comparison with the state regulation are evaluated. Namely, it is done through the prism of the relevant legal experience taken from Great Britain, France, the United States of America. The conditions necessary for the implementation of a self-regulatory system are revealed. The current state of self-regulation in Ukraine is scrutinized. This makes it possible to find out the reasons for its underdevelopment in national legal context. In general, the analysis of Ukrainian legislation on advertising is carried out and the issues of the self-regulatory system in the context of protecting children from the negative impact of advertising information are studies thoroughly. Approaches and relevant empirical material analyzed within the article allow the author to arrive at following conclusions. The author identifies the value of self-regulation, particularly, its advantages in comparison with the state regulation. Additionally, the author emphasizes the lack of special legislation in Ukraine that regulates the legal status of self-regulatory organizations in the field of advertising; insufficiency of the scope of public organizations powers stipulated in the legislation; the inconsistency of the activities of a significant number of public associations in this area as well as the absence of a certain sustainable reform in outlined domain. In this vein, the connection between the lack of systemic reforms in this area, desuetude, conflict of laws, as well as incomplete legislation and the decrease in the authority of the law for the actors in the advertising industry is established. The author suggests the ways of implementation of significant institutional changes in the legal regulation for self-regulatory organizations' activities in Ukraine, primarily in terms of consolidating their legal status, functioning certain rules and principles of state control over their activities.

The article presents the results of a study of scientific, educational and ascetic activities of one of the brightest representatives of the modern Ukrainian diaspora in Russia - Tetiana Lebedynska, a daughter of Ukrainian writer Mykola Shpak. T.M. Lebedynska is PhD in Philosophy, translator, writer, member of the Ukrainian Union of Writers, author of exhibitions dedicated to Ukrainian St. Petersburg, holder of the Order of Princess Olga III degree.
The multifaceted scientific and educational activity of Tetiana Mykolajivna is considered. It is emphasized that she initiated and organized the International Scientific Seminar «St. Petersburg – Ukraine», which resulted in the publication of twenty collections of articles from 2000 to 2020. T.M. Lebedynska is the author of more than 200 scientific works, including unique publications: «Shevchenko's places of St. Petersburg», «St. Petersburg and Ukraine», «M.P. Hrebinka - town-planning of St. Petersburg», «Ukrainian necropolis of St. Petersburg», «I. Mazepa - Commander of the Order of St. Andrew the First-Called», dictionary»Outstanding figures of science and culture of Russia who came from Ukraine», etc.. T.M. Lebedynska was published in Western Europe, the United States, and Arab countries.
It is noted that the heroine of our intelligence pays most attention to the study of the life and work of the Great Kobzar, who had many life events in St. Petersburg: here he studied and worked, gained freedom and communicated with many prominent cultural figures, wrote poems and paintings and became an academician of arts. It was Tetiana Mykolajivna who was one of the initiators of the installation in St. Petersburg of the monument to Taras Shevchenko by Canadian sculptor Leo Mol (Leonid Molodozhanin), she collected signatures against the relocation of the site from the city center near the university to the outskirts, also she initiated and participated in the installation of a memorial to Kobzar at the Smolensk cemetery. Among other things Tetiana Lebedynska"s ascetic activity is represented, by a study of the Ukrainian necropolis of St. Petersburg, as most graves and tombstones are in a state of destruction and may disappear for the future without restoration. And with them the memory of our compatriots who found eternal peace in the land of North Palmira will be destroyed.
The article states that today, when Crimea is annexed and the Russian occupation of Donbass continues, it is very important to study the experience of our contemporaries - Ukrainians in Russia, who do not lose their identity in conditions of strong informational, ideological and linguistic pressure.

The article examines the legal regulation of using cloud technologies for information storage. The author analyses the legal acts of Ukraine, the European Union, the USA, and self-governing organisations that unite intermediaries of cloud information systems regulating relations in data storage and using cloud technologies for user information processing. The author considers the provisions on the definition of cloud computing and cloud storage from the point of view of law. The author analyses specific regulations governing legal relations in the storage field and the use of information in cloud storage. The main functions are analysed: information storage creation of a multi-level database; collection of data and their systematisation, storage of big data and their processing; information exchange; support of other services; collection of data and their distribution by applications; and economic function. It is noted that the legal regulation of information storage in cloud storage is complex.

In the conditions of globalization, the intensification of relations between different States is taking place; the formation of a common market of capital, technologies and goods is formed. In this merged market there is a segment of the labor market, in which intellectual migration plays an extremely important role. At the present phase, migration processes attract more and more attention of scientists in all leading countries of the world. A special place takes intellectual migration. Human bieng, the human factor, especially their intellect, the educational potential has become a real capital. And migration itself forms the bulk of this capital. Migration is becoming more and more differentiated in terms of educational, qualification and professional characteristics, constantly involving new categories and groups of people in the staffing exchange. From ancient times, intellectual migration has been characterized by the constant movement of scientific staff between universities, which, obviously, determined the growth of prestige and the scientific, educational level of a university. Even in the history of Ukraine we can mention Yury Drohobych (Kotermak), professor and rector of the University of Bologna, professor of the Jagiellonian University, Mykhailo Drahomanov, professor at the Higher School in Sofia (now - Sofia University), etc. The present dictates similar needs in intelligence, which is addressed by promising scientists in the search for self-realization. Disproportionately smaller is the "flow" of scientific personnel to Ukraine. But such examples also take place. James Mace, a well-known historian, political scientist, researcher of the Holodomor, moved to Ukraine for scientific research and linked his scientific and livelihood with our country. In Ukraine, such migration processes are characterized by dynamism, diversity and a set of causes, not only of internal scientific, but also socio-economic nature. Over the past decades, part of the scientists who were unable to adapt to the new socio-economic conditions of post-Soviet Ukraine and could not "stay in science" by migrating to other areas of human activity, for example, in business or migrating to other countries. This, in turn, led to an imbalance in the scientific and educational spheres, and created new challenges and threats to the national educational and scientific sector, which affected the level of technical and technological development of Ukraine. The main goals of this paper is to determine the specifics of migration processes in the intellectual sphere, to identify their causes and social mechanisms, to analyze general and special factors of intellectual migration, to identify trends in intellectual migration and to create the appropriate conditions for the development of intellectual potential of Ukraine. Modern international intellectual migration is made up of two parts: highly qualified specialists who migrate from one developed country to another (mainly within Europe) and from specialists from Asia, Africa, Latin America and Eastern Europe. Developing countries (this group can be safely attributed to Ukraine), as a result of the "outflow of intelligence" are experiencing great complications due to the lack of high-skilled and secondary education. That is why the "outflow of intelligence" is seen as the migration of highly skilled and talented specialists from poor and / or isolated countries to industrial centers. This process is permanent, and is steadily gaining momentum, increasing the flows of highly skilled migrants to the European Union States, and especially the United States of America.

The article analyzes the important role of the Ukrainian Orthodox Church of the Kyiv Patriarchate (hereinafter referred to as the UOC-KP) in consolidating Ukrainian society. The Christian religion, filled with Ukrainian content and spirit, is an important part of the Ukrainian ethno-cultural space. For many centuries Ukrainian Orthodoxy has actively promoted Ukrainian ethnic, state-building, nation-building and ethnocultural processes and consolidated Ukrainians. However, since the resubordination of the Kyiv Metropolitanate in 1686 to the Moscow Patriarchate, it has become an instrument of assimilation of Ukrainianity and the destruction of Ukrainian identity. For three centuries these destructive and assimilation processes concerning Ukrainian Orthodoxy continued. Since the beginning of the disintegration of the USSR, Ukrainians began a long struggle for the elimination of totalitarian-imperial and spiritualcolonial fetters. The process of restoration of the UOC was headed by Metropolitan Filaret (Denisenko). With the active assistance of Metropolitan Filaret, on June 25, 1992, the UOC-KP was created, and on October 22, 1995, he was elected its primate. At the turn of the millennium, the UOC-KP became one of the catalysts of the consolidation processes in post-colonial Ukraine. The UOC-KP systematically and purposefully implemented the Ukrainian language, the state outlook, the national-patriotic education among the clergy and its congregation, thereby bringing together Ukrainians and forming from the post-Soviet population conscious citizens of the Ukrainian state. The UOC-KP consistently consolidated Ukrainian society, united Ukrainian politicians with a state vision and, eventually, achieved its first victory. On October 11, 2018, the Holy Synod of the Ecumenical Patriarchate adopted a fateful decision to grant Ukrainian Orthodoxy the autocephaly.

The article studies the problem of forming Ukrainian national identity of the Ukrainian citizens, which becomes crucial in the modern Ukrainian studies discourse, especially during the opposition to the hybrid war initiated by Russia against Ukraine. The formation of a national identity is a decisive socio-cultural trend not only for Ukraine, but for the whole of the modern world. The urgency and importance of this problem is expressed in the fact that for some societies, the crisis of national identity has become such forms and scales that overcoming it means not only the choice of an adequate strategy for development, but also becomes a problem of survival.
The attention is drawn to the fact that since the establishment of the new Ukrainian state in 1991, Ukrainians haven't managed to overcome Russian identity with its "friendship of nations" and great Russian culture. The majority of citizens in the new country have preserved the distorted understanding of their own history and state traditions, related to the historical myths and a pantheon of historical heroes and traitors. It is determined that our state must construct its own policy of shaping Ukrainian national identity, which must be implemented in the system of education and upbringing of the younger generation. This context requires giving credence to the researchers' opinion about the priority of education as the key factor for shaping modern Ukrainian national identity, which serves as the base for the national development, national security, and consolidation of the Ukrainian society. It is with education that modern scholars associate the implementation of the state policy of preserving the united socio-cultural space of Ukraine, the formation of a value system, genuine citizenship and patriotism, the formation of a consolidation of society and Ukrainian national identity. Today, the Ukrainian education is undertaking a journey from de-ideologization and humanization to the national focus on the European vector of transformations. Special attention is paid to the educational strategies: National Education Development Strategy for 2012–2021, Strategy of National and Patriotic Education of Children and Youth for 2016–2020, «Ukraine 2020» Sustainable Development Strategy, etc.

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 article deals with the coverage of one of the most conflicting contemporary social phenomena - separatism. Its emergence is compounded by the widespread of contradiction between two principles of modern international law - the selfdetermination of peoples and the territorial integrity of states. In seeking for resolving of this contradiction, the Parliamentary Assembly of the Council of Europe recommends protecting the possibility of exercising the right of ethnic minorities to their selfdetermination without providing an autonomous right to their separation. Thus, the recommendation of the Parliamentary Assembly not only provided ample opportunity for a deeper understanding of the principle of self-determination of nations, but also expanded the use of new varieties of separatism terms: secession; irredentism; enosis; devolution. To confirm this conclusion, we have analyzed the activities of a number of separatist parties and movements legally operating in Europe, in particular in the United Kingdom (Scottish National Party), Canada (Liberal Party of Quebec), Spain (Buck Nationalist Party, Catalonia Independence Movement), etc. Concerning Catalonia's independence, the article emphasized that today in Europe, as in the whole world, such a political and legal situation has emerged that it is impossible to recognize its independence. Accordingly, any protests by the Catalans will be considered as unconstitutional. Given the conflicting nature of separatism both in Catalonia and in other regions of European countries, it is possible that the Parliamentary Assembly of the Council of Europe may subsequently propose changes and additions to the interpretation of international legal principles in order to more effectively remove the contradiction between the right of nations and the right to self-expression territorial integrity of states.

The article analyzes the causes and consequences of the split in the evangelical-Baptist environment in the 1960s; found that one of the main causes of the split in the bosom of evangelical Baptist Christians was the destructive influence of state authorities on religion in general, and Christian denominations in particular when initiated by state bodies of the union of Protestant religious communities under the auspices of the All-Union Baptist Council Church for organization under control of special services bodies; it has been proved that the conflicts between the leadership of the Verkhovna Rada and the Council of Churches were artificial. The confrontations among the believers were mainly provoked by SSC agents and secret services, and were only in the hands of the Communist Party regime, which helped him control events, pacify some and repress others; it is proved that under the influence of the movement for the independence of the church from the state headed by «initiators», the regime has been operating since the second half of the 1960s. gradually began to ease the pressure on officially registered communities of evangelical Baptist Christians. Prayer meetings began to be attended by teens, and ordinary members and members of other congregations were allowed to preach. As a result of these changes and some easing of tensions between the church and the government, many believers and congregations began to return to the official union governed by the ACEBC, without wishing further confrontation; it is shown that the internal church events of the 60's of the twentieth century, which were provoked by the SSC special services and led to the split of the EBC community, reflected on the position and activities of the EBC Church and in the period of independence of Ukraine, the higher leadership of the split community (the ACEBC and the Church Council) and could not reconcile and unite in a united union. This significantly weakens their spiritual position in today's globalized world, where cohesion and competitiveness play an important role.