Suchergebnisse

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 author in her article presents services as a market product which is more and moreoften an innovative product. A particular attention is paid to the services' features which have an important impact on behaviour of the services market participants. Introduction to the market of new, improved, technologically advanced services requires a competent consumer.

In the article, author analyzed the state and development trends of engineering in international scientific and technological exchange system. The basic forms of technology transfer were identified, top leading engineering companies and universities in the global technology market were detected. The main approaches to Ukraine involvement in the international scientific and technological exchange system were defined

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 examines the peculiarities of law and legal security in modern Ukrainian realities. It is determined that law is a mechanism which, through the application of legal norms of which it is a part, should ensure the effective functioning of democracy and democracy in the state and the functioning and further development of the social system. It is established that the Ukrainian legal system is undergoing a reconstruction phase, in which administrative and legal mechanisms are being transformed into mechanisms of self-regulation and self-organisation. The author establishes that essential factors of law stability are correct definition and certainty of each element, completeness and absence of contradictions. It is established that the basis of the concept of legal security is the conditions, sources, methods and mechanisms of negative impact (falsification of legal provisions, conflicts of provisions, legal gaps, inadequate implementation procedures, neglect of the effect of provisions, substitution of concepts, corruption, etc. The author determines that legal security is a component of national security. Its content consists of the implementation of national interests in all areas of national security, protection of national interests in the security sector, as well as legal regulation of legal relations and legal protection of the creation of state and non-state institutions with the necessary and sufficient conditions for the effective functioning of law and legal order as a crucial regulator of social relations. It is noted that legal security is one of the constant needs caused by the natural conditions of life of a person, society and mankind. It should also be considered a universal human value designed to ensure a person's existence as a public good. The author identifies the factors that significantly impact the institutionalisation process of an individual's legal security.

This paper deals with the study of the justification of constitutional principles as a fundamental category of constitutional law. Legal principles are an important conception in the legal doctrine and the legal practice of democratic countries. Ukrainian legal doctrine studies legal principles in the two paradigms, namely fundamental principles and general principles. However, this approach does not result in the understanding of principles in constitutional law. That is why principles in constitutional law are an actual topic. The article aims to examine the fundamental concepts to find the justifications of constitutional principles. Hence, the author pays attention to the content of constitutional law and constitutionalism as principles-based categories. First, constitutional law is a fundamental part of the law in the legal system, and all the parts of the law are dependent on constitutional law. Second, the universal constitutional principles are the same for all legal systems. After all, constitutionalism doctrine consists of the limitation of power, and nowadays, this is expressed through the constitution and different constitution principles. The author uses comparative legal, phenomenological, and system-structural analysis as a valid methodology for this research. Finally, the research investigation contains the following conclusions that enable the author to prove the motivation of the science paper to study the outlined topic. First, constitutional law is the basis of the legal system, which embodies constitutional principles; constitutional law has the same effect on public law and private law. Second, constitutionalism is a source for finding constitutional principles. Third, the system of constitutional principles includes the following characteristics: universality and specificity. The system of constitutional principles is open and depends on the interpretation of constitutions. The paper aims to contribute to the growing research highlighting the current issues of constitutional principles. Keywords: principles, constitutional principles, constitutional law, constitutionalism, the system of constitutional principles.

The article is dedicated to the issues of legal medical sphere regulation in Ukraine. The purpose of the article is to study current issues of improving the Ukrainian legislation in the field of health care, to identify existing problems and outline the ways to solve them.The study of legal phenomena and legal categories was carried out through using general and special legal methods of cognition, namely: classification method, modeling, specific-statistical, systematical-structural, comparative-legal, formal-legal, dialectical and other methods of scientific analysis according to the research subject. Conclusions. The article asserts that for the effective reform of the medical sector and for sufficient protection of legal entities' rights and freedoms in the health care field, a high-quality regulatory framework is needed. It has been proven that the improvement of the current healthcare legislation is complicated by the complex essence of legal relations in this area and the lack of a clear and systematic approach. It is substantiated the expediency of passing the special consolidated legislative act with a clear internal structure – the Medical Code of Ukraine. The author proposes to amend provisions regulating the protection of personal data, epidemiological surveillance and infection control. The adoption of the law on medical self-government and development of modern industry standards for medical care is substantiated. The problems of industry staffing, as well as the lack of strategic documents for the training for health workers and imperfect instructions for managers of several health care institutions are analyzed. The author also identifies the main problems of personnel policy in the healthcare. The author specifies the necessity to unite the efforts of scientists and practitioners in the medicine and jurisprudence for solving all the individual problems on improving the regulatory framework in the field of health care. Keywords: medical reform, healthcare, regulatory act, legislation, Medical code, medical self-government, medical standard, COVID-19, declaration.

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 is devoted to outlining and exploring a number of important stories of the history and present situation of the Crimea. The author turns to the study of Russian colonial policy on the peninsula. This policy resulted in the annihilation of the Crimean Tatar people and the deliberate settlement of Crimea by specific categories of population from "mainland" Russia, and subsequently - from Soviet Ukraine. The colonial pressure of the tsarist authorities was changed after 1917 for a short period with the assertion of Crimean Tatar national communism as a modernizing anti-colonial movement. However, from the second half of the 1930s, colonial policy on the peninsula resumed, and in 1944 it became embodied in the forced deportation of indigenous peoples, especially the Crimean Tatars. Up until the second half of the 1980s, the Kremlin tried not to allow the Crimean Tatars to return to their historical homeland at all. Only at the time of perestroika the authorities of the USSR agreed to allow such a return, but simultaneously tried to dispense it in every possible way. At the same time, the Kremlin launched a special operation aimed at removing Crimea from Ukrainian jurisdiction and securing its status as a Russian colony. Also this attempt failed because of the collapse of the USSR, but the goal remained unchanged; Russia's annexation of Crimea was carried out in 2014. The author analyzes the reasons that enable the Russian propaganda to influence a large part of the Crimean population effectively. The article illustrates the ineffective policy of official Kyiv to minimize the effects of Russian colonialism on the Crimean Peninsula in 1991-2014. The article also examines the newest stage of colonization of Crimea by Russia, which began in 2014. The author concludes that in recent years, new conflicting factors on the Crimean peninsula have been added to the traditional ones, and they all require further special studies.

The article deals with the problem of the legislative regulation of advocacy done by the Law of Ukraine on the Bar and practice of law from 2012 and the Rules of the Bars' ethics confirmed by the electing meeting of the Bars of Ukraine on June, 9th 2017. The structure and competence of the Ukrainian national bodies of the lawyers' self-governance crated according to the Law from 2012 and after the requirement of the Council of Europe as a precondition of the membership of Ukraine on the European Union are also outlined. The author illustrates the main types of conflicts that a lawyer encounters during his / her professional activity like the conflict situations, conflicts and the tense conflicts and proposes the ways to reconcile them. It is shown, that the most effective ways to reconcile conflicts are compromises and negotiations. Such methods of conflict's reconciliation often used in the lawyers' milieu without significant positive results as the blackout of conflicts or attempts to salve them are also mentioned. Special attention is paid to the very important question of entrance of the Ukrainian Bars to the leading European and world lawyers and legal societies which became possible only after the creation of the Ukrainian National Bar Association as the national regulator in the lawyers' profession. The author has reviewed the requirements of the Ethics Rules of European Union's countries regarding the resolution of lawyers' conflicts with colleagues and clients, a.o. from foreign countries. The author has also analyzed the Ukrainian Ethics Rules regarding the most common conflicts in the activity of Ukrainian lawyers, in particular regarding conflicts of interest, the combination of legal practice with public, scientific and journalistic activities, as well as lawyers' activities and communication on the Internet.

The article is devoted to the theoretical study of theory as an order of production of this theory at the categorical level. Based on historical and sociological material and conceptual analysis, the author explores the logic of the development of sociology as a science using the metacategory of order as an example. The author analyzes a number of views prevailing in sociology on issues of abstraction and specificity, empiricism and theory, generalizations and refinements, universalist conceptualism and particular applicability. It is emphasized that the abstraction, selection and construction of metacategories is the main way not only in the "normal sciences" (according to T. Kuhn), but also in the sciences that can oppose themselves to them, including in various sociology projects. As an example of metalanguages the development of N. Luhmann's theory and actor-network theory are studied. The ways of introducing metacategories into sociology, their abstraction and approval are investigated. Three key sources of metacategories for sociology are identified (selfmovement of sociology, borrowing from philosophy, extraction from other sciences). An important distinction between metacategories, categories and official words in sociological theorizing is introduced. Separate emphasis is placed on the analysis of how metacategories are practiced in sociological discourse. The author's hypotheses and preliminary conclusions are verified on the basis of material metacategories of the social order in the interpretation of a number of leading theoretical sociologists. For verification, P.A. Sorokin, T. Parsons, P. Bourdieu and E. Goffmann theories were used. The conclusion about the epistemological significance of metacategories for sociology and about their role in the scientific order of the organization of knowledge is drawn. In particular, the author proves that the study of the metacategory of order allows to reveal the metaorder of categories in theoretical sociology. Order as one of the most abstract, least "colored" and methodologically biased metacategories in this sense has a high potential for explicating the logic of the development of sociology.

The author considers in this article the problem of definition the characteristics of the non-independent status of Ukraine at the time of the Russian Empire and the USSR as one of the key for the Ukrainian philosophy of history, political science and politics. This problem is extremely important both from a theoretical and a practical point of view. According to the author, Ukraine really had the status of a colony in one form or another, although nominally in the USSR was one of the "sovereign republics". The article outlines the main factors that prevent scholars from unanimously recognizing this status, criticized those areas of Western Postcolonial Studies, where hypertrophied racial factors and the "overseas territories" factor, and, in addition, the Russian Empire is ignored as a colonial state. The part of those researchers, who deny the colonial status of Ukraine in the USSR, emphasize the aggressive nature of Bolshevism and the imperial policy of Moscow, but at the same time they are talking about "occupied Ukraine." For example, the main territory of Ukraine after the collapse of the Russian Empire was occupied by Bolshevik Russia. After the Second World War, when almost all of the Ukrainian lands were united under the USSR, they were given an occupation regime that existed until the 1990s. The author of the article believes that this approach is a simplification of the real situation. The period of occupation in Eastern Ukraine ended in 1921, when the Bolsheviks were forced to make certain concessions to the Ukrainians, and in Western Ukraine - in 1953, shortly after Stalin's death. There has come a long period of colonial exploitation of Ukrainian resources, including human, whose consequences considerably complicate the life of the restored independent Ukrainian state. Decolonization is an incomparably more complex and prolonged process than liberation from occupation and overcoming its consequences.