Suchergebnisse

The article analyses specific issues on the legal regulation in the sphere of restriction on the author's property rights to literary and artistic works in Ukraine through European and international prism. The author examines the legislation of Ukraine, international and European regulatory sources for the purpose of regulating directly the cases of lawful free use of literary and artistic works of the author and the restriction on his prop- erty rights to literary and artistic works, as a result of his intellectual activity.

The purpose of this study is to determine the specifics of legal regulation in the sphere of restriction of property rights to works in Ukraine. The philosophical, general-scientific and special-scientific methods of cognition have been used in the work, including comparative-legal method, struc- tural-functional, deductive, as well as methods of analysis, generalization and analogies.

The author has found the basic inaccuracies and gaps in the legal regulation for of the restriction and free use of works as an object of copy- right. The author proves that the Ukrainian legislator did has not harmonized the provisions of the Law of Ukraine "On Copyright and Related Rights" with the provisions of the Civil Code of Ukraine. Thus, the article shows that the use of such concepts as "free use of works", "restriction of property rights", "exceptions and restrictions on property rights", "legitimate use of a work without the consent of the author" are not in line with international practice. The author draws conclusions on the improvement of the legislation to avoid these problems. The implementation of Europe- an practice in the legislation of Ukraine is also highlighted.

The results of the study can be used for further research in the field of copyright, including comparative copyright. These proposals may be applied to improve current intellectual property law.

The purpose of the article is to analyse the peculiarities of the use of public administration instruments for the acquisition of the status of qualified electronic trust services providers by private individuals, as well as to identify the shortcomings of these instruments application by public administration bodies. The author aims to develop proposals for bringing relative administrative procedures in accordance with the acquis communautaire.

The author applies methods and techniques of logic. Thus, the method of analysis is used to identify those tools that are used specifically in the legal relationship for providing electronic trust services. The author also uses the comparative legal method to analyse the foreign experience of using public administration tools during administrative procedures for obtaining the right to provide trust services.

The results of the study gives a possibility to outline the system of public administration tools used in the area of the acquisition by legal entities the right to provide the qualified electronic trusted services. Among such tools, the author identifies administrative acts, administrative contracts and acts of commission. It has also been established that the Ministry of Justice of Ukraine and the National Bank of Ukraine as the national regulatory bodies in this sphere are entitled to make decisions on the registration of a person in the Trustee list. Whereas certain technical powers in this administrative procedure are assigned to the State Service for Special Communications and Information Protection of Ukraine.

The author comes to a conclusion that the system of public administration institutions in the area of providing trust services in Ukraine doesn't comply with the principles of constructing a system of such entities in the European Union. The author proposes to implement institutional and functional reforms through depriving the Ministry Justice of Ukraine and the National Bank of Ukraine of their regulatory powers for the adoption of administrative acts aimed at the execution of a private person's right to provide electronic trust services and delegating these powers exclusively to the State Special Communications Service of Ukraine.

The article covers issues related to compulsory state social insurance, which is one of the mechanisms for ensuring health of employees in the course of their work. In his article the author states that accidents and occupational diseases are one of the biggest threats to the health of the working population of Ukraine. The author of the article emphasizes the need to reorient the institution of compulsory state social insurance to strengthen prevention of accidents and occupational diseases, which, accordingly, has lower economic costs than compensation for workers who have suffered any health damage. He also emphasizes the need to finance preventive measures by the Social Insurance Fund, which is not currently implemented.

The article emphasizes importance of updating the list of occupational diseases that occur due to occurrence of modern harmful production factors that harm health of the employees. Currently the list of occupational diseases approved by Ukraine is missing the modern production factors related to digital technologies and psychological risks that are the causes of occupational diseases of the employees.

The author also states establishment of the same number of social contributions without taking into account working conditions as another shortcoming of the legislation in the field of compulsory social insurance. The author emphasizes the need to establish occupational risk classes, according to which contributions to the compulsory state social insurance should be paid, which will depend on the occurrence of harmful and dangerous factors in the workplace, number of accidents and occupational diseases. In this regard, the author suggests providing a system of motivation of employers, which provides for the possibility of employers to pay lower contributions in connection with creation of favorable working conditions and reduce accidents and occupational diseases.

The article is aimed at analyzing of existing legislation on the use of comparative advertising in Ukraine. The author establishes that legislation on intellectual property plays a crucial role if a competitor's intellectual property rights are infringed by the use of comparative advertising. The purpose of the article is to analyze comparative advertising in the context of intellectual property, as well as to define the objects of intellectual property that can be used in comparative advertising. The latest changes in legislation regarding comparative advertising are analyzed. Such changes allow the use of images, trademarks or other symbols in comparative advertising. Comparative advertising was actually prohibited in Ukraine until November 12, 2019, although its use was prescribed in the legislation. But in practice, however, such use was not possible because use in such comparative advertising objects of intellectual property competitors was not enough regulated. The amendments to current legislation on comparative advertising have settled the aspects of using objects of intellectual property in comparative advertising. The article proves that for the purpose of comparative advertising creation, it is essential to adhere to the laws and regulations that are governed by intellectual property law. In the article, the author analyzes some countries' legislation on comparative advertising, namely the USA, the United Kingdom, the EU Member States. The author has found the basic elements and the objects of intellectual property that could be used in comparative advertising. The author comes to the conclusion that for the creation of comparative advertising, the crucial role of intellectual property in comparative advertising should be clearly recognized.

The article deals with the basic international standards in the field of domestic workers. The author defines the concept of domestic workers and distinguishes it from such concepts as "freelancing", "domestic work", "remote employment". The characteristics of domestic workers are given. The article also identifies the main problems faced by domestic workers in carrying out their work and analyzes the basic guarantees for the protection of domestic workers' labor rights: prohibition of child labor, prohibition of forced labor, proper living conditions, in the case of residence in the employer's household, guaranteeing the right to rest, providing rest time, providing proper working conditions. The author stipulates the necessity to form a written employment contract and the relevant conditions. The role of private employment agencies in the employment of domestic workers and the need for legislative regulation of their activities are identified. The author also indicates the necessity to inspect working and living conditions of domestic workers. The purpose of the article is to examine key labor standards for domestic workers' activity and to make suggestions for the improvement of national legislation. The article stipulates the need for full ratification of the Convention on Decent Work of Domestic Workers No.189 in order to strengthen the guarantees for the observance of such workers' labor rights. The author proposes to implement certain norms into the labor legislation for the proper regulation of domestic workers' labor activity to ensure a proper level of respect for the rights of domestic workers.

The article deals with the theoretical and practical aspects of the problem of forming of the civilizational identity of Ukrainian citizens. On the example of Jewish identity, the author sheds light on different interpretations of such categories as "identity", "identification", "civilizational identity". The article reveals the essence of the cultural-historical approach to the problem of identity, analyzes the types of collective identity, examines the confessional and ethnic dimensions of Jewish identity. The author analyzes different models of Jewish identity, the factors influencing the formation of these models, as well as the dynamics of changes of Jewish identity. The study deals with the philosophical understanding of the phenomenon of civilization identity as a new kind of human identity. The research proves that in the context of transition to a civilization of a new informational nature, not only the socio-cultural reality, but also the key properties of the human personality are transformed. The author considers the components or "bricks" of civilizational identity: attitude to religion, attitude to work, attitude to a state and power, attitude to family, attitude to the environment. The author analyzes the structure of Ukrainian identity. The Maidan conflict with Antimaidan is viewed through ethnic, denominational, linguistic, territorial, historical, geopolitical and value projections. The author argues that this conflict has an inter-civilizational nature. The article reveals the essence of conflicts, argues the position of conflict as an attribute of social being, traces its impact on the processes of social transformation. The causes and conditions of inter-civilizational conflict in the territory of Ukraine are analyzed. The paper compares two models of civilizational identity based on either European or Eurasian value system. The civilizational progress of Ukraine in the context of world modernization is analyzed. The article is not limited by the statement of the problem, it suggests a specific way to minimize the negative consequences of the modern crisis taking into account the changed social realities, can become one of the tools for the revival of the main European values in modern Ukrainian society.

The article deals with the problems of improvement and implementation legislation for gender equality in Ukraine. Have been analysed the main manifestations of discrimination against women in labor market: vertical and horizontal occupational segregation; gender wage differentials; difficulties associated with the combination of work and family responsibilities; the overwhelming predominance of women in the field of part-time, informal, temporary employment; sexual harassment. The issues of gender segregation, gender pay gap, gender equality for work-life balance in the context of foreign and national experience have been explore.

The author have been determine the tendencies of improving the labor legislation in foreign countries for introducing the principle of equality between men and women. Gender mainstreaming strategies and programs in G20 countries were summarized. The author draw attention to the nonefficiency of State Social Program for Equal Rights and Opportunities for Women and Men for the period up to 2021, was made the proposals for its improvement.

The study finds that there is the issue of equality opportunities between men and women in representation authorities at different levels in Ukraine (on the example of the Verkhovna Rada of Ukraine and the Cabinet of Ministers of Ukraine). Approaches to gender quotas in foreign countries have been analyzed. The author used the statistics on employment, entrepreneurship and remuneration to show inequality on the labor martet in Ukraine. The author have also identified that the national legislation, which establishes special guarantees and restrictions on women's work, will have to be improve in the context of a substantive model of equality. Have been suggested the ways of overcoming gender discrimination in the workplace

by a policy of affirmative action

The author of the article conducts a comparative analysis of the previous and existing criminal procedural legislation of Ukraine regarding the procedural institution of starting criminal proceedings. Certain gaps and inconsistencies in the current criminal procedural legislation of Ukraine on these issues which cause justifiable complaints from all participants in the criminal proceedings are identified. The author analyses genesis, individual scientific points of view and the state of discussion among scientists and practitioners in this direction, as a result of which it is established that the problematic issues raised in the article are not resolved theoretically and in an applied aspect, including the previous and in the current criminal procedural legislation of Ukraine. In the context of the issue under consideration, the legislation of foreign countries is examined including post-Soviet states, Anglo-American and Roman-German legal families. As a result, many Ukrainian scientists have concluded that the foreign experience cannot be applied in national legislation without taking into account the national peculiarities of the legal system of Ukraine, the historical traditions of state construction, the level of professionalism and legal awareness of those who apply legislation, the mentality of the population and

other factors. Moreover, the author pays paid attention to the study of discussion questions on the grounds and reasons for resolving the procedural problem of issuing a resolution when instituting criminal proceedings and when making statements and reports on committed criminal offenses in to the single register of pre-trial investigations, as well as refusing to register on these issues. The author makes some suggestions for improving the existing criminal procedural legislation and the regulatory framework in the context of the issues discussed.

The article deals with the current trends of reforming the institution of working time and to investigate the impact of distance work on the struc-
ture of permanent life of this legal institution. The methodological basis of the study include formal-logical method used in the analysis of legisla-
tive provisions on distance work as separate forms of work organization; system-structural method and the method of synthesis used in the study

of foreign experience in the implementation of distance work and its impact on reforming the institution of working time, as well as formal-dogmatic
and modeling method used in establishing the status of distance workers in Ukraine.
The article explores the concept of "distance work", establishes its main features and characteristics. The author pays considerable attention

to the issue of distribution of working time of the employee when establishing distance work, the "autonomous" nature of the organization of work-
ing time by the employee. In addition, the issue of extending the rules of internal labour regulations for distance workers has been studied. The

author comes to the conclusion that it is necessary to further analyze the trends of reforming the institution of working time in view of the spread of
distance work, especially in lockdown conditions caused by the spread of coronavirus COVID-19.
This paper analyzes a significant number of sociological studies on the use of distance work, including the distribution and duration of working
time in distance work. The author emphasizes the need for statistical observations on the distance form of work organization at the state level, as
currently there are no relevant mechanisms in Ukraine, which complicates the study of this phenomenon. In addition, the author gives examples of
current trends in reforming the institution of working time, taking into account foreign experience.

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 historical aspect and the essence of the term of readiness for work as a special mental state; a necessary and extremely important component of a successful professional life of a person is studied in the article. Readiness for a certain phenomenon helps person to adapt more quickly and to fulfill his duties more successfully. It contributes to the development of personality. The author points out that an analysis of the problem of readiness shows that the genesis of this concept is related to the development and understanding of the concept of "psychological

readiness for work". It can be defined as permanent (as a result of labor education) or temporary (as a result of psychological training or psychological mobilization during this period) mental condition, which is caused due to the need for work.

The question of the readiness of a specialist for professional activity is studied within such sciences as: psychology, pedagogy, philosophy. The author's determination of readiness is formulated during the conduction of the research. The author proposes to understand the readiness as a complex integrative formation, characterizing a particular mental state. It is a necessary and essential component of a successful professional life of the individual. It helps a person to adapt more quickly, to fulfill his professional duties more successfully; it promotes professional development of a specialist. Readiness includes not only professional characteristics and skills, but either personal trait.

The conclusion is made that since readiness is a dynamic value, it means that its course is determined by age, by learning experience, individual abilities of the person and so on. The author summarizes the importance of the development of psychological readiness for work during the formation of the personality of a modern specialist. It is emphasized that professional readiness cannot be the same as a subjective professional readiness.

According to the modern scientific researches the author distinguishes particular levels of professional readiness, such as: high (autonomy in setting and solving new tasks, adequacy of assessment and self-assessment of professionally important qualities, ability to effectively solve problems during time deficit, etc.); average (average level of expression of the mentioned qualities); and low (inability to set and solve complex problems independently, inadequate assessment and self-assessment of professionally important features, etc.

The article studies the issue of scientific and practical validity of applying ethical principles of society as regulatory factors of civil law of Ukraine. Taking into account the lack of validity of ethical principles of society as regulatory factors, the author attempts to make a correlation between the content of such principles of civil law as fairness, integrity and reasonableness, on the one hand, and ethical principles of the society, on the other hand.

The author of the paper proves that it is inappropriate to apply the provisions of morality as regulatory factors for the regulation of civil relations.

The conclusion on the objection to the civil regularity of ethical principles of society is based on several theses. Firstly, moral rules are not formalized, which creates a threat of arbitrary interpretation of their content. Secondly, ethical principles do not have a definite source of origin. Thirdly, the fundamental ethical rules have already been taken into account in the content of the principles of fairness, integrity and reason, which in turn create competition between the two types of regulatory factors. Unreasonable duplication of regulatory requirements reduces the functionality of the law, complicates the perception of its requirements. The competition between the principles of law and the ethical principles of society must be eliminated by refusing to give the latter the function of regulatory factors.

The author of the paper does not deny the possibility of taking into account the ethical principles of society while regulating the relations that have been neglected by the "official law".

The article is devoted to one of the manifestations of Oles` Honchar's legacy – his understanding of the colonial status of Ukraine in the Russian Empire and the USSR and outlining this status as a source of external and internal conflicts. The author refers to Honchar's "Diaries", published at the beginning of the XXI century, in which for more than half a century Honchar wrote down, along with observations and sketches for literary works, ideas and conclusions of the conceptual plan. In particular, there are the nature of Russian and Soviet colonialism, the totalitarian system, the deliberate destruction of Ukrainian national culture, repression of the national intelligentsia, the decline of the traditions of the Ukrainian elite, and at the same time the resistance of Ukrainians to the totalitarianimperial system.
The article focuses on the connection between the two main problems considered by Oles` Honchar – the imperial rise of Russia-USSR and the colonial status of Ukraine as part of this superpower; problems, which, in turn, have caused (and still cause) conflicts of various kinds both within Ukrainian society and around it. The author traces the evolution of Honchar's views on the problems of Russian imperialism, its Soviet continuation, the colonial state of Ukraine and the resulting social and political conflicts. The article describes both Oles` Honchar's personal opposition to all these factors and the paradigms of socio-cultural and political activity proposed by him, which can play an important role in the decolonization of Ukraine. The author argues that Honchar's intellectual heritage remains relevant to this day, but it is, unfortunately, not in demand by candidates for the role of the country's political elite.

The article deals with the legal nature of a land lease. The contemporary relevance of this study is explained by the fact that the following phenomena depend on the legal nature of the land lease: the specific lessor's and lessee's rights, the defense procedure of the lessee's right to do a business activity on the land parcel; the loss, caused by force majeure, distribution, etc. A lease right was considered to be a personal right in Roman law. Recently, there is a vivid trend in Ukrainian legislation to convert a lease as a personal relationship between two persons to some kind of real relations (relations between the person regards things). The idea that the lease of a land parcel is or can be some kind of a real relation dominates in Ukrainian literature. Based on the study of the land lease legal nature the author concludes that the land lease is a personal relationship. The author assesses the legal regulation of the land lease as a real relation. This regulation aftermath is that land lease converts into emphyteusis, superficies, or into some kind of real relation (usus or usufruct). Having analysed the legal regulation for the land lease, the author came to conclusion, that it duplicates the legal regulation for property relations. The analysis of the negative consequences of this regulation is done in the article. One of the main negative consequences of the land lease converting into the real relation is the reduction of the list of legal tools by which business entities may adjust their relations. At the same time, the land lease stops guaranteeing the lessee opportunity to conduct the economic activity on the land parcel.

The article is devoted to one of the most important problems of national self-affirmation of Ukrainians in the modern world - the problem of restoration / purification and completion of historical memory. The author shows that the Soviet and current Russian authorities created and constantly developed mechanisms for planting socio-historical mythology with the help of a powerful propaganda machine and repressive apparatus. This mythology replaced real historical memory, putting in its place false historical memory. This was especially true of the so-called "National republics" of the USSR, which were planted not only totalitarian but also colonial social mythology. This mythology is one of the effective tools of Russia's "hybrid war" against Ukraine and against all democracies in the post-Soviet space.
The author outlines the development of theoretical ideas about historical (social) memory during the XX-XXI centuries. The article outlines the main conceptual models of such memory, which were created by Western researchers. A critical analysis of these concepts shows that they do not take into account the consequences of the totalitarian distortion of such memory and in fact equate the impact on historical memory carried out in modern democratic and totalitarian and neo-totalitarian societies. The author points out the need to distinguish between such influences and refers to those Ukrainian thinkers who in the 1960s and 1970s spoke about the specifics of totalitarian propaganda and political practice in the formation of false historical memory.
The conclusion of the article is that it is necessary to displace the socio-historical mythology of classical totalitarianism and its latest Russian forms, deconstruction and destruction of the false historical memory created by all totalitarian regimes of the past and present. The question of effective methods and forms of building and rebuilding historical memory is worth discussing.