Suchergebnisse

The article is based on the existing law doctrine of division of law into private and public. The author analyses the influence of the doctrine on the relationships that arise in the financial services markets. The author takes into account the results of researches conducted by domestic and foreign scholars, which were carried out in the field of law and economics. The author uses general scientific and special methods as those that form the basis of the work. The research substantiates that objectively the doctrine dividing law into private and public does not exist. Doctrine is the product of a sociocultural interpretation of the researcher's thinking process. At the same time, the doctrine is naturally refers to the structure of the financial market. The author analyses the internal mechanism of circulation of cash flows and settlements in the global financial market. This analysis is the empirical basis for the research and subsequent theoretical understanding. The author proves that the concept of separation of rights into private and public law is not a universal concept that is inherent in all countries. The doctrine is fundamental only in the countries with Romano-Germanic legal system. The idea of dividing law into private and public was not reflected at the doctrine level in the countries with Anglo-Saxon legal system. The problem of the substitution of concepts was enrooted directly in the very doctrine of law, which existed in Soviet times. It was connected with the absence of the concept of "private law" in the Soviet legal thinking. The idea of social justice changes beyond recognition in the direction of public law. The author focuses on the issue of how to ensure the sustainable development of the financial system and its main institutions (structures) using the theoretical concept of dividing law into private and public. The author emphasizes the need to take into account the diversity of legal understanding of the financial market as a social phenomenon. The research methodology should be as appropriate as possible to the research object. The idea of social justice should act as a regulator of mutual relations between members of society. Practical activity in the financial markets in the modern world tends to converge. Public law assumes the fulfilment of a social function. Therefore, the author comes to the conclusion that law is a means of reaching a compromise between members of society, provided that individual freedom is preserved and there is no need to oppose private law to public law. The author proves that European political and legal standards are built on such postulates, particularly concerning the field of calculations. Keywords: financial system, financial services markets, settlement relations, the doctrine of separation of rights into private and public.

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

The model and the logic of empirical research are determined. The experimental study of emotional competence is presented. A general description of the subjects is systematized. The results of the ascertaining experiment are presented. The author conducted her research in several directions. This approach allowed the researcher to present the quantitative characteristics of emotional intelligence on all scales and subscales in details. On this basis, the author makes a detailed qualitative analysis of the manifestation of the studied ability in future doctors. Besides, after conduction of the research, the author makes conclusion that students' ability to understand and manage other people's emotions and the ability to understand their own emotions and manage them are not formed enough. And these make impossible the success of the future professional activities of a doctor. The author makes conclusion that the development of emotional competence of students of medical universities can be formed by introducing special courses, educational and developmental training programs into the educational process. The correlation analysis allowed the author to empirically confirm the correct determination of the content of the basic components of the future doctor's emotional competence. Besides, it is proved that the parameters of the social, cognitive, regulatory, empathic components of emotional competence significantly correlate with each other. The received results confirmed that during first year medical students of the experimental and control groups have the same positions of the level of development of emotional competence. And any significant statistical differences in its manifestation were not found among students of the experimental and control groups. Moreover, the received results at ascertaining stage of the study showed the insufficient level of development of the components of emotional competence among students of medical faculty. This led to the creation of a program for the formation of the emotional competence of a future doctor in the process of training in a higher medical school

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 paper deals with the study of Ukrainian constitutionalism and its development during the restoration of Ukraine's independence. The category of "constitutionalism" is a topical issue in legal doctrine, and it is analysed concerning various aspects in constitutional law and the theory and history of law. Constitutionalism is a universal concept that contains the basic principles and values, but a certain specificity of this term has its own feature regarding the example of a particular state. That is why the category of "constitutionalism" is an actual topic. The article aims to examine constitutionalism and its features in Ukrainian legal system. The author places special emphasis on the period of restoration of Ukraine's independence. The independence of Ukraine influences the peculiarities of the development of Ukrainian constitutionalism, which derives from the European model of constitutionalism. The Constitution of Ukraine is an important object of analysis of the specifics of Ukrainian constitutionalism. The author determines that the Constitution of Ukraine enshrines independence as the basis of the constitutional order. Article 1 of the Constitution of Ukraine states that Ukraine is an independent state and the Constitutional Court of Ukraine's practice reveals the essence of independence as a constitutional value and a constitutional principle. The author uses systematic, structural, and comparative legal methods as a complex approach to obtaining the results of the research. Finally, the research contains the conclusions that enable the author to provoke the motivation for studying the outlined topic in other scientific works. The paper aims at contributing to the growing research highlighting the current issues of Ukrainian constitutionalism. Keywords: constitutionalism, Ukrainian constitutionalism, independence, restoration of independence of Ukraine, Constitution of Ukraine.

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.

Purpose: To test the hypothesis of the relationship between the degree of business greening on the basis of a circular economy and indicators that determine the level of international tourism attractiveness of European countries in the context of sustainable tourism. Findings: The author puts forward a hypothesis about the existence of a stable relationship between the business greening degree, which based on the principles of a circular economy, and the level of tourist attractiveness of the country. Based on the analysis of the basic provisions of the circular economy concept and the principles of sustainable development, the author provides a theoretical substantiation of this relationship. The author testes the hypothesis by clustering European countries according to the Environmental Performance Index and, based on correlation analysis, determines a close relationship between economic and environmental indicators within each of the clusters. Calculations show that in some regions of Europe there is a positive impact of the spread of the circular economy on the intensification of migration flows to the country. Practical Implications: The results of the research can be used in the practice of international companies when justifying the feasibility of investments in circular projects and programs for the transition to environmental development of territories, as well as for public administration in the development of a positive tourist image of the country. Originality/Value: For the first time, the author proposes a methodological approach to assessing the tourist attractiveness of a country in the context of business greening based on a circular economy. Future Research: Image-making of territories based on a circular economy, systematization of world experience in tourist consumption greening, the formation of tourist clusters in countries with a high level of development of the circular economy. Paper type: Empirical

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 studies the process of constitutionalization of associative relations between Ukraine and the European Union. The author distinguishes and reveals two significant aspects of this process, namely meaningful and implementing. It is determined that meaningful constitutionalization by its essence is the constitutional modernization, where the meaningful updating of the Constitutional provisions is made in order to form the constitutional pillars for further democratization of social and political life in Ukraine, the approximation of the national political and legal system in accordance with the European values and principles, the improvement of the internal legal framework. The implementing aspect of constitutionalization means the purposeful formation of constitutional preconditions for the implementation of Association Agreement's provisions to the national legal system. The author stipulates that the fulfillment of both meaningful and implementing aspects of constitutionalization of Ukraine's association with the EU shall be implemented mainly by incorporating of this process directly into the context of the constitutional reform in Ukraine. The special attention is paid to certain problems of the reformation of the Constitution of Ukraine ensuring the European integration. The author expresses the critical reservations related to the amendments to the Constitution with the provisions of strategic orientation of Ukraine for the long term perspective.