Suchergebnisse

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 is devoted to the actual problem of psychological support of the transition of office workers to remote work. The purpose of the article is the definition of psychological and socio-demographic determinants of the activities of managers in the context of junior personnel transfer to virtual / home office. This problem is considered on the example of IT-professionals (n = 182) from four countries of Central and Eastern Europe. It is proved that the basic dispositional features that contribute to the realization of the activity potential are conscientiousness and openness to experience. Among the value orientations such predictors are the orientations towards competent and tolerant leadership. Another important thing is the value orientations of altruism and independence. The author makes conclusion that duing formation of uncertainty in their actions, individual personal traits play a great role, especially such traits as: ease of occurrence of negative emotions, individualism, preference for independence, disorganization, spontaneity, low level of purposeful behavior. Therefore, an orientation towards social support makes it difficult to implement an orientation towards quality in an activity and reinforces the lack of self-confidence feelings. It was revealed that under conditions of restructuration dispositional factors begin to play a major role, and the degree of value regulation decreases. In addition, the author suggests that a low level of integrity promotes creativity. This can be explained by the fact that an individual, who has such low level, remains open for longer to various possibilities of thought and action. The results of the analysis of the research data indicate that value orientations act as a kind of basis. They head the realization of the personal characteristics of a specialist in professional activity and they are important qualities in everyday life. In the article it is determined that the desire for success decreases in the specialists who get older, and the value orientations for support and leadership contribute to this aspiration. The author has shown that openness of experience, combined with tolerant leadership, is a prerequisite for determination in promoting organizational change.

The article deals with the terminological status of "curse" as a linguistic unit. The author analyses this word's lexical and semantic significance in dictionaries and scientific sources. In the study, empirical, comparative and typological-comparative linguistics methods were used. Curses, as statements, have a solid illocutionary effect in the speech act, which is the focus of the study. The study results are of interest to researchers of speech influence and manipulation, as well as to those who conduct cognitive research in the field of linguistics.

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 considers issues related to the phenomenon of the Ukrainian Diaspora and presented from a historical and theoretical point of view. Stories related to the emergence and transformation of certain components of the Diaspora are briefly analyzed and outlined. Cases of transformation of the population of Ukrainian ethnic lands outside the Ukrainian state or territories of diffuse settlement into the Diaspora in this country are described. A theoretically and practically important question has been raised: how much historical time is needed for the territories occupied by Ukrainian settlers to be considered Ukrainian ethnic territories. Another important question is when the Ukrainian Diaspora began to form. The author of the article believes that the Diaspora begins to form after the beginning of the formation of the modern Ukrainian nation, when social barriers between different groups of society become less important than the affiliation of all these groups to one nation. The article argues that in the twentieth century all Ukrainians living outside the UkrSSR belonged to the Ukrainian Diaspora and raises the question of whether Ukrainian seasonal workers and students and doctoral students from foreign universities belong to the Diaspora. The article pays special attention to the conflicts that have taken place and are taking place today with Ukrainians on ethnic lands and the Ukrainian Diaspora in the Russian Federation. Finally, the author raises the issue of the status of non-ethnic immigrants from Ukraine abroad in this case, if they do not sever ties with their homeland and support the Ukrainian state.

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 review of Vladimir Gorbulin's book "How Russia Will Defeat in the War of the Future" analyzes the main theoretical and practical tasks set by the author before the Ukrainian state and society, aimed at overcoming such a strong and extremely dangerous enemy for independent Ukraine as Putin's Russia. Academician Gorbulin's book immediately became a bestseller in Ukraine and gained notoriety abroad. It is one of the most serious studies of the problems facing the Ukrainian state and nation today, as well as a de facto "road map" for Ukraine in the war against Russia, which can create conditions for victory and independence and freedom from the sinister aggressor - the Kremlin neo-empire.

The article examines the issue of polyamory in sociological and psychological discourse. It is emphasized that the phenomenon of polyamory is one of the consequences of the transformation of marital and family relations in the 20th century. It is noted that the relevance of the article is related to the revitalization of the discussion of polyamory both at the level of everyday discourse and among foreign scientists; discussions around polyamory as an alternative to monogamy in translated publications on sexological education for teenagers. Polyamory is considered by the author as one of the forms of consensual non-monogamy, that is, such relationships and sexual practices when people have more than one sexual/romantic partner with the mutual informed consent of all participants. The differences of such forms of consensual non-monogamy as polyamory and open relationships, "swing", "relationship anarchy" are discussed. It is noted that, in addition to the informed consent of all participants, polyamory is characterized by a characteristic focus on building long-term romantic relationships. The author considers the forms of polyamory according to K. Labriola: the primary/secondary model and multiple primary partners model. The study of the motives for engaging in polyamory by Slovak authors Hnatkovičová D., Bianchi G. is analyzed in detail. Motives for engaging in polyamory are discussed, such as meeting needs that were not met in monogamous relationships, personal growth and maintaining autonomy, identity development, expression of political values, exploration of LGBTIQ+ identities, desire for sexual diversity, need to belong to a community, and psychodynamic reasons. A conclusion is made about the need for further research on this issue, taking into account the liberalization of sexual morality and the further probable spread of polyamory practices in Western Europe and the USA.

The study focuses on both theoretical and applied aspects of evidentiary law. The subject of this study is the legal institution of admissibility of evidence in criminal proceedings, as well as the legal mechanism for declaring evidence inadmissible. The author relies on the constitutional postulate (Part 3 of Article 62 of the Constitution of Ukraine) according to which the accusation cannot be based on evidence obtained illegally, as well as on assumptions. Based on this constitutional imperative, it is stated that the prosecution has no right to form charges and go to court if the accusation is based on illegal evidence or subjective assumptions, and emphasizes that the subject who forms the prosecution must operate on legal evidence. Thus, a legal contradiction is revealed between the provisions of the Constitution of Ukraine and Part 2 of Article 23 of the CPC of Ukraine regarding the legal nature of evidence in the pre-trial investigation. Given that according to the domestic legal structure, factual data must be recognized as evidence at the stage of pre-trial investigation, there is a legal need to guarantee the right of a person to a fair trial, the introduction of a clear mechanism for verifying factual data for admissibility at the stage of pre-trial investigation. The author argues that such a mechanism should provide effective tools for self-control and neutralization of illegal sources of factual data by both the prosecuting authorities and the court, during the implementation of judicial control over pre-trial investigation in making key decisions to restrict guaranteed rights and freedoms. Keywords: evidence, accusation, suspicion, admissibility of evidence, exclusion from evidence.

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).