Suchergebnisse

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

The article is devoted to the analysis of the creative heritage of Panteleimon Kulish in the context of modern realities. Scientific work of Panteleimon Kulish is extremely wide. It includes the general concept of Ukrainian culture and language, the problems of development of the Ukrainian nation, its mentality and historical mission. The proposed article deals, first of all, with the problem of personal orientation of the author related to the "internal" and "external" in human, in his mind and heart. Panteleimon Kulish was not a single researcher who drew attention to the mental feature of Ukrainians in the juxtaposition of heart and mind, feelings and logic. The mental character of such a struggle continues in the opposition to the "city" and "countryside" as an embodiment respectively of civilization and culture. The culture appears for P. Kulish to be something sacred, ancestral and spiritual, which, in fact, creates an inner person. It is argued that in a certain sense the orientation of the movement of civilization and culture is diametrically opposed. Since civilization tends to unify and standardize, culture focused on spiritual potentials, tends towards individuality and uniqueness. Globalization, as a civilization movement leads to integration of the processes and the transformation of national culture towards its unification. The main idea of Kulish reflections during his whole life was an attempt to preserve the national identity of the Ukrainian people, their language and culture, customs and traditions and, at the same time, to involve Ukrainians into the European community. Therefore, the fears of Panteleimon Kulish, concerning civilization pressure on the national culture have undeniable reasons. Finally, the author of the article turns to Kulish thoughts about the problem of the personality of human, his destiny, his national way of life, and also the problems of self-knowledge.

The article examines some issues of legal support of political advertising during the process of election, but is not limited to it, as well as how they affect the outcome of elections. In this study comparative, observation, dynamical analogies, analysis methods are used. The author compares the current legislation of Ukraine and the legislation of a number of other European countries and identifies their common and distinctive features.

Special attention is given to the political advertising law of Poland, as its closest neighbour. Also, the legislation of France, Germany and Great Britain is examined. The article underlines their main differences. Partial and systematic violations of advertising legislation during the electoral process and during the period between the elections are also identified.

The article also shows that the issue in question is not fully studied by legal scientists. The research, in particular, emphasises on the lack of comprehensive definition of political advertising and its legal regulation during the period between the elections. The article draws attention to the incorrectness in law legal regulation of political advertising by the laws regulating commercial advertising. The legal acts, that influence the results of elections are specified, in particular, the author pays attention to the state budget funding for political parties. Reducing Government expenditure can preserve the principle of absolute equality among political actors, so they could participate constructively in the elections. The best thing to do considering the circumstances is to adopt a new law on political advertising or to to amend the existing Act, that regulates advertising in general. As a result, it is proved that political advertising is not limited to the electoral process and must be governed by legislation. The article also states that any law in this area also should comply with international law, especially with acts adopted by the European Union.

The article is aimed to define the preconditions for the legal background for the Russia's expansion towards the Balkans (late XVIII – second half of the XIX centuries) and its peculiarities listed in the interstate treaties and the Russian Empire's legal system. To achieve the defined goal and the set objectives of this paper various methods of the scientific research have been used. First of all, owing to the dialectic method the dynamic of the changes in the directions of the Russian expansion towards the Balkans has been defined. The content s of various legal norms relating to the subject of our research has been expertised by means of the hermeneutical method. The historical legal method is the main one used to conduct the research. It has been used for the analysis of the regulatory documents together with the social and political circumstances causing their adoption and future use. The multidisciplinary method enables d the author to analyse a great number of the historical sources concerning the way how Russian legal proscriptions influenced the Balkan population. As a result, it is stated that basic tendencies of Russian Empire's foreign policy implementation date back to the legal background created by Peter the Great. These tendencies include artificial guardianship towards "one-minded Christian peoples", widely spread use of conquered nations for the sake of achieving strategic goals and the pronounced assimilatory direction of the national policy. Those issues were implemented in the Russian-Turkish treaties signed in the XVIII– XIX centuries. There were listed artificial guaranties for of the Balkan nations' security based mainly on the mercantile goals. The Tsar's manifests and other regulatory documents defining peculiarities of the policy towards certain Balkan nations were arranged in a declarative manner. The author concludes that the Russian Empire used all possible legal and organizational tools to spread its expansion all over the Balkans.

This article is devoted to the study of human rights restrictions in Ukraine. The author states that there is an increasing tendency of human rights restriction in Ukraine. Both the state and private persons are the subjects of violation of human rights. In the legislative policy this tendency has increased since the parliamentary election in 2014. That year is known as the beginning of the in Ukraine. But most of the restrictions of human rights made by the laws of Ukraine (which violate the Constitution of Ukraine) since then have no relation to military activities and national security. The author identifies a number of tendencies: 1) recent amendments to Ukrainian legislation not only limit constitutional rights but also violate the principles of law and constitutional guarantees of human rights; 2) due to the usage of modern informational technologies, violations of the right to privacy are total; however, the law-enforcement agencies do not struggle with such violations systematically; 3) many constitutional human rights are violated by the laws devoted to family relations; those laws are being passed by the Parliament of Ukraine with the very high speed that is not quite usual for legislative process in Ukraine; 4) both the state and private persons use modern technologies to violate human rights; on the

basis of modern technologies new ways of violation of human rights appear. Conclusions. The restrictions of human rights, provided by the laws, always have some reasons. But neither political, nor economical, nor social nor any other interest can be the reason for violation of human rights and freedoms. "In spite of the fact that the air was never so full of theories of liberty and wild declarations of «rights», there has been a steady curtailment of «personal freedom»". These words of the great American Henry Ford are so relevant for modern Ukraine.

The paper analyses the revolutionary events of XX–XXI centuries in Ukraine, in particular, the prerequisites, causes, and consequences of social, political and economic nature, the historical, political and legal experience of the Ukrainian Revolution of 1917–1921, the Orange Revolution of 2004 and the Dignity Revolution of 2014. By carrying out a comparative legal analysis the author comes to the conclusion that the above mentioned processes are characterized not only by the same goal, the basis of which is the idea of social and national liberation, but also by such concepts as human centrism, their anti-imperial, national, and state orientations. On the other hand, attention is also focused on the distinctive features of the revolutions mentioned, such as different external and internal political circumstances behind them and the international legal reaction to the revolutionary events that took place in our country.

Thus, the article outlines the challenges of today's Ukrainian humanities through the prism of an average human being's role in the revolutionary process in Soviet times, identifies the impact of these phenomena on the individual, makes an attempt to find common features of political and legal reaction to such events from both Ukrainian society and the ruling circles of some neighboring states.

The paper proves the complete scientific inability of a number of Russian imperial myths, namely the desire to present Russian-Ukrainian conflicts as "civil wars", the attempts of Russian historiography to "incorporate" the Ukrainian Revolution of 1917–1921 into the all-Russian revolutionary process, the desire to characterize the 2014 Revolution of Dignity as a "coup d'etat", etc.

On the basis of the comparative analysis, the author explains why the Ukrainian state as a geopolitical reality could not happen during the revolution in the beginning of twentieth century, in contrast to the events of presence, when modern post-revolutionary Ukraine managed to withstand the struggle against the Russian occupation forces and once again avoided the tragic consequences that came to our land after the occupation.

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 is devoted to the research of legal status of the producers of agricultural raw materials for infant nutrition in Ukraine. It is established that in the legislation of Ukraine there is no single approach to defining the concept of "an agricultural producer", which may create negative consequences in law enforcement. The article highlights the legal issues of general, special and particular legal personality of producers of plant and animal origin for infant nutrition. According to national legislation, producers of agricultural raw materials for baby nutrition are endowed with a special legal personality, which is manifested through the prism of their obligation to produce high-quality and safe agricultural raw materials. The article analyzes the current legal status of special raw material zones for the production of raw materials used for the manufacture of infant nutrition and dietary nutrition. As of 19 July 2019 the Register of Special Raw Zones includes nine businesses that produce agricultural raw materials for baby nutrition. At the same time, such entities mainly produce milk and raw milk, which is due to the statutory state support of those agricultural enterprises that produce ecologically clean milk and raw milk for baby nutrition in special raw material zones. The need to establish a ban on any use of pesticides in special raw material areas is stressed. It is noted that those agribusiness entities that operate in special raw material areas are able to provide baby nutrition producers with environmentally friendly and safe raw materials of animal and plant origin. At the same time, such entities have almost no advantages over agricultural producers without the status of a special raw material zone. The author emphasizes the negative trend of reducing the number of special raw material zones for the production of raw materials used for the manufacture of baby nutrition. Thus, there is an urgent need to create an effective mechanism of state support for agribusiness entities that have received the status of a special raw material zone. The author concludes that agricultural producers who produce raw materials in special raw material zones are endowed with a particular legal personality. Keywords: agricultural raw materials, agricultural production cooperative, baby food, genetically modified organisms, farming, food quality and safety, pesticides and agrochemicals, special raw material zone.

Currently, in Ukraine there is increase of process of labour migration of Ukrainian citizens abroad. In connection with what there is necessity of proper regulation of labour activity of migrant workers, implementation of measures to comply with international legal standards in the field of labour, implementation of measures regarding increase of the level of social protection of Ukrainian citizens traveling abroad and in case of their return from abroad.

The methodology is based on the general scientific dialectical method of cognition. Also, number of scientific methods were used. Legal regulation of labor migrants from Ukraine abroad was considered due to methods of analysis and synthesis. The directions of improving legal regulation of labor and social protection of migrant workers were identified by using structural and logical methods. Forms and methods of formal logic were widely used in the work: concepts, definitions, proofs, judgments, analogy, comparisons, generalizations, et

The aim of the article is to explore the mechanism of legal regulation of labour of migrants workers and identify ways of increase the level of social protection of Ukrainian citizens who are migrants workers. To achieve the goal the author analyzed the most important international legal acts that regulate legal migration. In the article the concept of migrant worker was analyzed and identified what kind of migrants is included to migrant worker. Particular attention is paid to analyses of bilateral agreements concluded by Ukraine with other countries on the employment and social protection of migrants. Content was determined of the employment contract and its role in regulating the legal relations of migrant workers with foreign employers. The basic guarantees of social protection of migrant.

In the article the author determined the necessity Ukraine joins to the main international conventions that regulate labor migration issues, the provisions of which should be the basis for the legal regulation of labor migrants' activity and ensuring their rights are respected. The necessity to conclude bilateral interstate agreements on regulating the employment processes of Ukrainian citizens abroad, guarantees that arise in the course of labor activity of migrant workers and social security issues, was determined. First of all, such agreements should be concluded with the countries with the highest number of migrant workers.

The article is devoted to the issue on protecting the employees' labour rights in case of an employment dispute, which is considered regarding corporate rights of company owners. The article emphasizes that during work employees are bearing more and more rights and obligations that are realized in different types of relationships. It is also stated that in case of disputes arising from employment relations, courts need to take into ac- count basic factors of labour law. The purpose of this article is to develop proposals for to improving the mechanism of for the protection of emplyees' labour rights. In order to achieve this goal, the author analyses judicial practice regarding the protection of employees' labour rights in disputes related to business entities' functioning, as well as it reveals the contractual nature of labour relations and formulates the proposals on creation of legal conditions for the pro- tection of employees' labour rights. The subject of the study is the judicial protection of company owners' corporate rights and the labour rights of employees. The object of the study is the protective legal relations that arise in the process of resolving labour disputes by the courts of Ukraine. The deductive method used in the work made it possible has allowed the author to substantiate the need for a clear distinction between labour and corporate rightslaw, consider- ing labour disputes and as well as the necessity to take into account the specifics of the method of legal regulation in labour law, in particular the contractual nature of the entrenching of on rights and obligations. The method of induction has revealed the theoretical and practical problems of the distinction between corporate and labour rights. The theo- retical and prognostic method has been used to substantiate the proposals for the improvement of labour legislation to protect the labour rights of employees. Categories and methods of formal logic have been widely used in the work: concepts, definitions, proofs, judgments, analysis, synthe- sis, analogy, comparison, generalizations, etc. The paper focuses on the judicial bodies' powers on the necessity to allocate the specialization of judges for the consideration of labor cases. Based on the case law analysis, the improvement of the national labour legislation on wrongful dismissal is proposed. In fact, every court case in which labour disputes are settled has its own peculiarities and specifics, which in its turn requires the specialization of judges who have to consider labour disputes. It is the specialization of judges in Ukraine that will provide an opportunity not only to guarantee the emploees' labour rights, but to practically improve the mechanism for the protection of employees' labour rights enshrined in collective and employmentagreements.

Socio-cultural factors of consumption of medicines concerning the patient and the medical staff are considered. Author analyzes the relevant scientific discourse and the experience of empirical research carried out, in particular, with the use of tools for social values study, proposed by of R. Inglegart, G. Hofstede, S. Schwartz, G. Eisenck, and others. On the basis of the secondary analysis of databases of the Eurobarometer survey, the peculiarities of drug consumption in the EU and Ukraine are analyzed. It is found that there are significant correlations between socio-economic, institutional and socio-cultural indicators that characterize the quality of life in EU societies as well as in Ukrainian and practices of the drugs consumption. The revealed results point to the social (socio-cultural, institutional and economic) embeddedness of drug use practices. It turns out that the most adequate theoretical and methodological "framework" to explain these findings is neo-institutionalism, which draws the attention of researchers to the social preconditions for the success of managerial innovations. In the process of reforming the health sector, and the pharmaceutical institute in particular, in today's Ukrainian society, the relevance of such a study is increasing the potential of government reform programs.

The article highlights the views of prominent Russian Orthodox Church hierarchy for the Jewish people. Specified on the causes and characteristics charges Jews in changing attitudes towards Jesus Christ from the standpoint of Scripture and explaining Metropolitan Anthony. The article followed Bishop belonging to the Black Hundreds organizations, foundations, principles of their activities and views on the Jewish question. These basic ideas concerning the causes of restricting the rights of the Jewish people, and are examples of metropolitan public appeals to the public to prevent the spread of anti-Semitism and pogroms. The author reflects the Metropolitan's thoughts on the place that Jews can occupy in society. The analysis of the Metropolitan's activities, his statements and attitudes toward the Jewish population has led to the publication's findings, which highlight Metropolitan Anthony's figure as rather contradictory and his views on Jewry polar. He is a follower of imperial politics in the vision of the limited place and role of Jews in society, and considers it a natural and just phenomenon, while in line with the general policy of the state and the indulgence of existing stereotypes. As a clergyman who, imbued with Christian values, served his congregation, he guarded his wards, condemning the violence in their direction. At the same time, the Metropolitan did not manifest itself as an outspoken anti-Semite and did not proclaim on behalf of the church calls for such action.

The paper deals with the analysis of innovations in legal regulation for formation and providing of activities of Chornobyl Radiation and Ecolog- ical Biosphere Reserve within the Exclusion Zone and the Zone for the Unconditional (Obligatory) Resettlement in Ukraine.

Special attention is paid to the legal regime of Biosphere reserve, that provides the following: the national and international level of the legal protection and reproduction of fauna and flora and their habitat; preservation and reproduction of wildlife objects, included in the Red Book of the Threatened Animals and Plants; fundamental scientific research conducting and the prediction of further changes in the species and population status of wild animals and plants world; development of the ecological and legal culture of the society and individuals as a result of organization and implementation by the said Reserve of informational, educational, recreating, touristic, educational, and cognitiveactivities.

At the same time, this Biosphere reserve was created within a territory that for a long time has been ecologically and radioactively dangerous. The legal regime in Chornobyl Zone has provided a number of restrictions for living and performing certain types of activities. The author empha- sizes the need for deeper research of on the issue of the safety level for wild animals and plants within the area of the said Reserve, as well as the development of criteria for assessing the environmental and radioactive safety for wildlife.

The article examines the problem of restriction of political rights and freedoms. It is emphasized that the protection against unlawful restrictions on political rights and freedoms is particularly important for the functioning of direct and mediatory democracy. The meaning of the concept of «restriction of rights and freedoms» is analyzed. The article addresses the basic principles which should not be violated when the restriction of rights and freedoms is applied. To achieve this goal, the author analyzes the rules of domestic law, the practice of the Constitutional Court of Ukraine, the rules of international law governing these issues. The author differentiates political rights and freedoms into those that may be restricted in accordance with the provisions of the Basic Law of Ukraine and those that are not subject to any restrictions; features of realization of political rights and freedoms in comparison with other groups of rights, such as social and economic, cultural are defined. Some of the political rights and freedoms that may be restricted are analyzed and ways to restrict them are identified, in particular: the right to join political parties, suffrage, the right to peaceful assembly, rallies, marches and demonstrations, the right to equal access to public service, freedom words, thoughts, views and beliefs. It is noted that from the standpoint of the ECHR it is important to check whether the possibility of restricting the exercise of the right was provided by law; whether the purpose of such a restriction is legitimate; whether such a restriction is necessary in a democratic society. The legitimate grounds for restricting human rights enshrined in the Constitution of Ukraine have been identified: public health; social necessity; rights, freedoms and dignity of citizens; public order; economic well-being; national security; territorial integrity; morality of the population. It is emphasized that in accordance with the practice of the Constitutional Court of Ukraine, the restriction of the content and scope of rights and freedoms should be considered as a restriction. It is important that all restrictions were established exclusively by the constitution; were not arbitrary and unjust; the law restricting human rights must be of a general nature; restrictions must be proportionate and justified; they must optimally achieve a legitimate goal with minimal interference in the exercise of rights or freedoms, not to violate the essential content of the relevant right. It is determined that special qualification requirements for holding public positions, as well as participation in the electoral process (implementation of active and passive suffrage) cannot be considered restrictions. It is emphasized that the state, represented by its organs, should refrain from unjustified interference with political rights (for example, from discriminatory restrictions on the suspension of political rights of prisoners, violation of electoral secrecy of the ballot); take measures against possible violations of political rights by third parties (individuals, companies, etc.). It is concluded that restrictions on the exercise of political rights of individuals can be introduced either in favor of guaranteeing the rights of other individuals, or in favor of ensuring the functioning of the state. The legitimate exercise of political rights can be restricted only if the general conditions for interfering with fundamental human rights are met.

Ukraine's Euro-civilization choice, which took place as a result of the Revolution of Dignity, posed a number of challenges to Ukrainian society, without adequate answers to which EU accession will remain a ratherdistant prospect for Ukrainians. One of such challenges is the genderization of the social life of Ukrainians, in particular in the field of education, which presupposes, first of all, the formation of a gender-sensitive space for the existence of the country's citizens; mass involvement of Ukrainian women in all spheres of society on an equal footing with men and the creation of equal opportunities for this. The philosophy of this process is to recognize as the greatest value of human capital, existing in the form of two social sexes (gender) - female and male - with different life experiences, differences and personal strategies of self-realization.
The article analyzes, among other, the issue of teaching feminist and (or) gender issues in higher educational institutions of modern Ukraine from the standpoint of philosophical and worldview approach. The author aim is to investigate the real state of gender education in Ukrainian higher education institutions, to analyze the existing problems and identify prospects for the development of this process in Ukraine. A group of political science students from the Taras Shevchenko National University of Kyiv was involved in an in-depth survey of the need / no need to teach feminist and gender issues in universities. It was concluded that exist the need of genderization higher education in Ukraine as an integral part of the Euro-integration process.