Suchergebnisse

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 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 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.

The article analyzes some issues and peculiarities of the legal regulation for the restriction on the author's property rights to works in Ukraine through the lens of European and international approaches. The author analyzes the legislation of Ukraine, international and European regulatory sources, directly investigates the completeness of the legal regulation of the lawful free use of the author's work and the restriction of his/her property rights to the work (as a consequence of his/her intellectual activity). The article examines the existing international treaties, ratified by the Verkhovna Rada of Ukraine, and which are recognized as a part of the national legislation of Ukraine. It also analyzes codified and other legal acts adopted to implement the provisions of the Constitution and international agreements in order to determine the peculiarities of legislative regulation and consistency of terminology in the sphere of restriction of the author's property rights to works in Ukraine. As a result of the research, the author has highlighted the main inaccuracies and gaps in the legal regulation for the restriction on property rights to works and the free use of works as a copyright object. Namely, it is traced that in Ukrainian legislation there is a certain inconsistency between the provisions of the Law of Ukraine "On Copyright and Related Rights" and the provisions of the Civil Code of Ukraine, which use identically in meaning the concepts of "free use of works", "restriction of property rights", "exceptions and restrictions on property rights", "the lawful use of a work without the author's consent", which is not in line with international experience. The author concludes on the full implementation of the provisions of the Berne Convention on the three-stage test in national regulations and further improvement of the legislation in order to avoid disagreements with the European legislation in the investigated subject, which should be implemented in the Ukrainian legislation. Keywords: property rights to works, restriction on author's rights to works, free use of works, cases of free use of works, a three-step test, international treaties governing the restriction on property rights to works in Ukraine.

The paper is dedicated to reviewing the scientific heritage of the classic of French sociology E. Durkheim through the optics of identification of theoretical foundations of the concept of social cohesion. Methodological complexity of the research task is due to the lack of well-formed and clearly defined concept of social cohesion in the scientific heritage of E. Durkheim, reconstruction of theoretical axes of which requires sociological imagination and inductive method using. The author attributes the relevance of this research perspective to the fact that in most foreign studies dedicated to social cohesion phenomenon research there are either limited mentions of E. Durkheim as one of the founders of social cohesion concept or inaccurate interpretations of his views. The paper identifies seven theoretical axes of the concept of social cohesion, presented in the scientific heritage of E. Durkheim - homogeneity / differentiation, value-normative consensus / anomie, lack of interactions / constancy of interactions, mechanical solidarity / organic solidarity, relationship between individual and collective, inclusion / exclusion, integration / disintegration. The author has determined semantic purpose and presence at different social levels for each axis. It is established that some elements of certain theoretical axes are present as components of models of social cohesion empirical operationalization in contemporary foreign studies conducted by J. Chan, R. Berger-Schmitt, J. Jenson. It is summed up heuristics of E. Durkheim's definition of essence of social cohesion as a social process that has a dynamic nature of formation and reproduction, requires avoidance of extreme states of its implementation (overpowering or deficiency) and has an impact on all social levels – macro-, meso- and micro-. Emphasis has been placed on the identification of the classics of French sociology social cohesion practical significance as a social phenomenon that has preventive properties against a wide range of negative social phenomena and processes. This fact, according to the author, makes the concept of social cohesion heuristic not only for scientific discourse but also for contemporary state social policy.

The article examines the concept of decent work as a strategic direction for the development of labour legislation of the XXI century. The article is devoted to the research on the social dialogue as a part of the concept of decent work and an instrument for the effective realization of its other parts. The author outlines the connections between the institute of social dialogue and such dimensions of the concept of decent work as fundamental principles and rights at work, employment and working conditions, social protection. The legal grounds for social dialogue in the strategic documents of the International Labour Organization, its features for the future of the labour and the special role in the conditions of COVID-19 pandemic are analysed. The importance of the principle of freedom of association and the effective recognition of the right to collective bargaining for the effectiveness of social dialogue is established. The specifics of the influence of social dialogue to the realisation of the concept of decent work at the national and industrial levels are determined. The paper substantiates the interdependence of economic development and social progress and a high-quality social dialogue. The author also identifies the role of social dialogue in the process of labour law development. A social dialogue is important for improving labour and social legislation, bringing it in line with the requirements of the labour market, the employers' and workers' needs. The issues of decent working conditions, harmonization of professional and family life and professional development of employees can be effectively addressed at the production level. The author investigates the peculiarities of application and specific role of social dialogue for management of difficult situations and crises. It is stated that using the social dialogue to find solutions to the full range of problems by COVID-19 is important. It is determined, that it helps to analyse the real situation in various industries and spheres, reduce social tensions, minimize negative socio-economic consequences for all participants of social dialogue. Keywords: the concept of decent work, a social dialogue, the Fundamental Principles and Rights at Work, freedom of association, employers' organizations, workers' organizations, collective bargaining, social justice, social development, COVID-19.

The concept of public information in the form of open data and its main features are studied. It is determined that due to the possible wide application of open data, the definition of the main grounds for the classification of open data is an insufficiently covered issue. The purpose of this study is to determine the types and criteria for the classification of public information in the form of open data. This is necessary for their widespread use in order to solve socially important tasks and to use their full potential in unusual directions. The author has analyzed international reports on open data and identified the problems of the quality of such data and the possibility of using them to solve socially important tasks. The classification of open data is formed on the following grounds: 1. by data type; 2. by data format; 3. by subject. The article determines the value of open data to society and the possibility of its wide use in the example of other countries. The problems that complicate the implementation of the government data discovery initiative in Ukraine include the underdeveloped culture of open government; insufficient level of training of public authorities to work with open data; insufficient funding for the public data discovery initiative; low level of public awareness and interest in public data and the benefits of using it. Unfortunately, most citizens are still satisfying their curiosity by using open data. The author notes that using data that describes the patterns we live in can help us solve problems in ways we may not have anticipated. As a rule, public sector systems do not respond too quickly on changes. With open data, they could track, predict and respond to real-time changes. This would allow the public sector to streamline its processes and services and it would be possible to clearly identify areas for improving and increasing productivity, to develop specialized solutions based on various demographic indicators and other factors. This would be a huge transformational leap in attracting open data to the public sector, as it opens up a number of areas for innovation. The author substantiates the importance of open data for public sector transformation, economic benefits and their use as an instrument for creating an information society.

The article examines the psychosocial risks as an element of the occupational safety and health system. The author outlines that competition, higher expectations for productivity and working hours and other psychosocial hazards have resulted in increasingly stressful work environment. The legal grounds for psychological working conditions regulation are analysed. The author determines the recommendations for improving the legislation on occupational safety and health. The analysis of the main psychosocial risks is carried out. The paper substantiates the main directions for the improvement of occupational safety and health management systems. They include the integration of psychosocial risks in risk assessment for developing strategies for prevention and management of hazards; the ways to develop a safe psychological climate at the workplace; determining the impact of psychosocial risks at work on the physical health of employees; determining the correlation of overtime and sedentary work on the health of employees. The basic technological transformations and changes in the organization of work which influence the psychological safety of employees are investigated. The main risks to the employee's psychological health have been identified. They are 1) reduction of work-life balance; 2) isolation and lack of social interaction; 3) technostress and information overload; 4) expanding access to confidential information about the employee; 5) overtime; 6) non-standard forms of employment, 7) work on digital platforms. Particular attention is paid to counteracting mobbing and harassment at work.

The article is devoted to the famous legal scholar of the first half of XIX century, the first Dean of the faculty of law at St. Volodymyr Kyiv University Professor Ignat Nikolaevich Danilovich (1788-1843). The article studies his scientific and pedagogical activities. The author emphasizes his role as the founder of the scientific study of the law of the Grand Duchy of Lithuania despite the distrust of the Imperial authorities. It is stated that this work was later continued by Ukrainian, Russian and Belarusian scientists.

The article is focused on the historical sociology analysis of social identities studies, the results of which are presented in scientific publications in top Ukrainian periodicals. The direction of development of such researches in thematic, theoretical, and methodological aspects of their socio-cultural context is outlined. Possible new directions of research on the problem chosen by the author are determined. The author conducted a content analysis of the professional publications where the subject is identity and identification placed in the online archives of professional publications of Ukraine in sociology for the last decade. An analysis of the thematic diversity of the articles revealed that the vast majority of them are devoted to specific identities, primarily ethnic-national and local, identity is considered as a specific feature of the group; only a quarter of the publications have a general theoretical character and focused in the analysis of identity as such. It was found that the dominant research focuses have long been dominated by conceptualization and analysis of the formation of a selected social identity, but in recent years the authors pay more attention to the functional load of social identities, in particular their impact on Ukrainian society, especially its integration/disintegration, on conflicts and solidarity. The conclusion about a certain decrease in attention to the subject of social identities, and at the same time theoretical, methodological, thematic, and subject complication of their researches are formulated. It is emphasized that further comprehensive studies of identities (their connections, contexts, and social consequences) have a scientific perspective because it is possible to reach a deeper understanding of the processes taking place in modern Ukrainian society with their help.

The paper reveals the features of sociological theorizing offered by classical sociology, including M. Weber's concept. The thematic directions that became central to the German scholar's sociology are identified: modernization, rationalization, legitimization, etc.; their genesis is analyzed from the point of view of the philosophical (Baden School of Neo-Kantianism) and sociological (G. Simmel's concept of cultural forms) studios. It is emphasized that rationalization, which was first considered by M. Weber, becomes a cross-cutting theme in sociology up to the end of the twentieth century. Further development of the concept of rationalization takes place within the communicative turn, associated with the name of J. Habermas. The concept of constructing the social, taking into account the meaning that the author puts into his actions, becomes the first attempt of theoretical synthesis in the process of overcoming the methodological crisis in sociological science. M. Weber's sociology offers a departure from the "container approach" in the analysis of society, which was later realized within the world-systemic (A. G. Frank, I. Wallerstein, J. Arrighi, etc.) and synthetic (M. Archer, P. Bourdieu, E. Giddens, P. Sztompka, etc.) concepts. The problematic of a bureaucratization, formulated by M. Weber in the early twentieth century to describe the processes of formation of the modern state, acquires new relevance today in connection with the expansion of the "bureaucratic spirit" to commercial enterprises, built according to the network logic. The tendencies of (self-)management on the part of employees, which are accelerating due to the transition to the remote form of work. The author shows how processes of legitimation, which are necessary for the perception of changes in professional activity, simultaneously contribute to the fragmentation and disintegration of local social spaces.

The article addresses the issue on the determination of ways to improve the legal regulation for contractual relations of purchasing private property for public needs, based on the European experience in regulating expropriation. To achieve it, general and special methods of scientific knowledge have been used, including system-structural, structural-logical, comparative-legal, deduction, induction, analysis, synthesis, etc. The necessity of appreciation of the European experience of legal regulation of expropriation to optimize Ukrainian legislation in this area is emphasized. The article establishes the issue concerning the sameness of two legal tools, namely the contract of purchase of private property for public needs under Ukrainian law, as a general idea, which is now implemented through civil law agreements, and the expropriation agreement in several European states (Germany, Switzerland, and Liechtenstein). The advisability of expropriation agreement implementation into legislation and legal practice is substantiated; in this regard, expropriation agreement is considered as the special contract destined exclusively for regulation of purchase of private property for public needs. The author also suggests applying European approch to entitling the contract of purchasing of private property for public needs and identifying its terms; Expropriation Contract as a title is proposed. The article highlights the advantages of Expropriation Contract as a title. The amendments to the Law of Ukraine "On the alienation of land and other real estate located on them, which are in private ownership, for public needs or for reasons of public necessity" according to European experience and author's examination are proposed. The author also recommends to change the name of the purchasing procedure to the procedure for voluntary expropriation (or voluntary alienation of private property for public needs).