Suchergebnisse

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

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

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

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

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

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

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

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

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

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

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

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

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

by a policy of affirmative action

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

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

The 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 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.