Suchergebnisse

Over the past 10 years IT outsourcing has attracted attention of professionals as a new successful business model that enables developing countries to take a rightful place in the world market. However, the potential of outsourcing of information services in Ukraine is not fully implemented as yet. Research of the Ukrainian IT-outsourcing industry will contribute to understanding the features, opportunities and risks of further development of this industry. The purpose of writing this paper is to identify the trends of development of IT-outsourcing in Ukraine, to determine its place in the global market of information technology outsourcing, to develop recommendations for the expansion of IT-outsourcing in Ukraine. The study was carried out by using empirical methods: measurement, comparison, observation. It was determined that the undisputed leader of the world market by the scope of IT-outsourcing is India. Its success encourages other developing countries to engage efforts to create a national industry of IT-outsourcing. Ukraine can also be called an active player in the global market of information technology outsourcing, which is one of the few sectors of the Ukrainian economy that under conditions of difficult economic and political situation in the country develops effectively. We listed positive trends that take place in the IT-outsourcing despite the critical state of the country. Negative tendencies in this area were identified, in particular low level of trust in Ukraine from the Western companies and we made a conclusion about possible negative impact of this factor on the volume of the market of IT-outsourcing. Solutions to the problems in this industry are proposed and attention is focused on providing strategic priority to the IT-outsourcing. The scientific novelty of the work consists in identifying trends and priorities for the development of IT-outsourcing in Ukraine during political and economic crisis. The practical value of the work lies in defining a guideline for the development of state policy in the area of IT. In addition, the obtained results can be used in further studies in the field of IT-outsourcing in Ukraine and in determining its competitive advantages compared to other countries, which have powerful sectors of the IT-outsourcing. Such research can serve as the basis for decision-making by the Western companies when choosing a country to transfer their IT technologies to. Further scientific results are advisable to focus on determining the prospects of the development of free-lance in Ukraine and on the search for mechanisms of cooperation of Ukrainian and foreign partners in this field.

The purpose of the article is to analyse the role of the Constitution of Ukraine in the state-building and law-making processes and to study the problem of necessity and directions of its improvement. The methodological basis of the work is a set of general and special scientific methods. It is based on the philosophical method of dialectics. Methods of recognition such as logic-semantic, system-structural, formal-legal, comparative-legal and other methods of recognition of processes and phenomena are used for the purpose of work. The article emphasizes that the adoption of the Constitution of Ukraine in 1996 marked an important stage of the national state building, which legally defined the transformational transition of Ukraine from totalitarianism to democracy. It is noted that the Constitution of Ukraine, as a legal act of supreme legal force, has been the legal basis for the formation of Ukraine as a democratic, legal and social state and has become a political and legal document of a programme character, which directed Ukrainian society and public authorities to appropriate democratic reforms in the field of the state-building and law-making processes. It is noted that a number of political, social, economic and legal factors put on the agenda the issue of constitutional reform in our country, which should aim at achieving the European level of socio-economic development, modernization of the existing governance system, improvement of public authority and the legal status of citizens.

The problems and prospects of a new international order formation in terms of the transformation of the international system are viewed. It is proved that sustainable development of the contemporary international system depends on the consolidation of the international community and the constructive cooperation between the international relations participants. Thus it is necessary to begin the process of developing a new model of a world governing that would take into consideration the conditions of the global world of the XXI century. The necessity of comprehensive study of the components of the global crisis of world governance and search for mechanisms to overcome it by consolidating participants of the international system are proved. A complex crisis in various fields and at various levels, from local to global proves incapacity, due to lack of appropriate mechanisms, of the international community to overcome the global system crisis that includes world governing crisis. Thus, the current crisis on the global level always calls for search the means and factors that would provide stabilization of the social, economic and political relations, consolidation of social powers and all members of the international system. The current global system crisis is not accidental one and it is a natural phenomenon associated with long-term trends of world political and economic development. Thus the present global system crisis has its own peculiarities and distinctive features associated with the processes of globalization, regional political and economic integration, global migration and more. Crisis development was accelerated because of the collapse of the bipolar international system and intensification of globalization. Obviously, handling crisis development is possible to be achieved, provided the acquisition of the new international system a balance that would correspond properly to the character of global transformations. From this perspective, changes in social development have made the problem of international political consolidation a highly topical one as it is aimed at sustainable development of mankind.

The purpose of this work is to analyse the current state of regulation of the supervisory boards of joint stock companies in Ukraine, in particular the features of their work on state-owned enterprises. A review of the practical aspects of regulating the activities of supervisory boards of joint stock companies in Ukraine is made. By applying analytical methods the provisions of regulations in the field of corporate law the latest changes in
the legal status of supervisory boards of joint-stock companies are studied, and their applicability to state joint-stock companies is assessed. In addition, these changes are compared with the provisions of international standards in the field of corporate governance of state-owned enterprises, in particular the standards of the Organization for Economic Cooperation and Development (OECD). The article deals, inter alia, with the concepts of "supervisory board", "state-owned enterprise", "fiduciary duties", as well as issues of transparency and integrity of the work of supervisory boards. In addition, the issues of the latest practice in the work of supervisory boards of state-owned joint stock companies and how the powers of the supervisory boards were exercised are considered.
According to the results of the study, the current regulations are quite complex, inconsistent and contain internal contradictions, which, on the one hand, create risks for the effective exercise of powers by supervisory boards, and on the other hand, the risks of abuse by supervisory boards.
The authors concluded that it is necessary to improve the legal framework governing the work of supervisory boards of state-owned joint-stock companies, generalize and unify practices on various issues of competence of supervisory boards, as well as provide certain criteria for compliance of supervisory board members with professional experience requirements in a particular field and with requirements of transparency about the absence of conflict of interest.

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.

Recently, there has been a rapid development of neoinstitutional economic theory, including, in particular, the theory of transaction costs. In the Western economic science this theory is widely applied for the study of the activities of the public sector. One of the transactions of the public sector includes taxation. The aim of the research is substantiation of the approaches of the theory of transaction costs for fiscal management under conditions of reforming the system of state governance in Ukraine and gradual integration into European structures. We used general scientific methods: cognition, system analysis, analysis and synthesis, as well as comparison. Taxation was studied as a specific act of the agreement between the state and the business. Filling the state budget by tax revenue, the state solves important issues of socio-economic development and has a resource for its own functioning. Entrepreneurs are interested in providing the state with financial resources because the state is the provider of public goods and efficient structure of business activity regulation. It was proved that the relationship between the state and the business have transaction character. In this case, the taxes are considered as certain transaction costs, i.e., the fee for the use of public benefits and the institutions that govern the business relationships and establish "rules of the game" in the market. It was substantiated that the theory of transaction costs allows comprehensive researching into the interaction of state structures with taxpayers given the uncertainty, information asymmetry, limited rationality, opportunistic behavior, specificity of interests, contractual risks, etc. We established that this very theory provides a full description of mutual cooperation between the authorities and the businesses in the process of formation of tax policy and execution of tax management functions. Scientific novelty of the research is provided by the proposed theory of transaction costs for scientific substantiation of tax management in the period of structural transformations of the economy. The practical result is the use of institutional approaches to the formation of the reformation of the tax system in Ukraine and its transition from a purely fiscal to an investment model considering all participants of the process of taxation, as well as assistance in overcoming the contradictions between them and the opportunism in the behavior. A promising direction for further research in this area is the use of neoinstitutional approach at micro–level for the analysis of transactions between taxpayers and government agencies, as well as overcoming information asymmetry in the process of implementing peculiarities of tax management.

Health care is one of the most important spheres of activities of the state and society. The functioning and development of health care require proper legal support that is possible if there are enough qualified lawyers equipped with profound knowledge and skills in the health law area. The paper discusses the concept of health law that is new for the Ukrainian legal science as well as its integral components – medical law, public health law, and pharmaceutical law. The experience of teaching courses pertaining to the realm of health law at the Taras Schevtchenko National University of Kyiv that is the leader of Ukrainian higher education, particularly the legal one, is examined. It is the law faculty (currently – the Institute of Law) of the said University whereat the innovative discipline "Legal regulation of public health" ("Public Health Law") started to be taught for the first time in Ukraine. In 2019, the LLM specialization (the elective block of courses) "Health Law" that was unique for Ukraine, was introduced. The article mentions the key goals at the attainment of which the courses studied within the framework of the "Health Law" LLM program (totally ISSN 1728-2195 ЮРИДИЧНІ НАУКИ. 3(118)/2021 ~ 21 ~ 12 disciplines), are targeted. It analyzes the list and content of the courses belonging to the said LLM specialization that can be conditionally divided into three blocks: the key disciplines covering the "components" of health law; the disciplines ensuring understanding of the peculiarities of activities in the sphere of health care and the legal tools used for the governance in health care and management of healthcare institutions; and the courses directed at covering the topical issues of law and ethics in health care and at acquiring practical skills of protection of rights of healthcare actors. The paper points out that while teaching courses falling within the "Health Law" LLM specialization, major stress was made on getting students acquainted with the realities of practice. It pays attention to the use of modern methods and approaches to teaching as well as education technologies that allowed ensuring high efficiency of education, particularly under the conditions of lockdown caused by the spread of coronavirus disease COVID-19. The article also outlines major components of the education and scientific activity carried out at the Taras Shevtchenko National University of Kyiv, including that of the Education and Research Center for Medical Law of the Institute of Law. The conclusion is made that а scientific school of health law has been established at the Taras Shevtchenko National University of Kyiv. Keywords: health law, medical law, pharmaceutical law, health care, public health, public health law, LLM specialization, education, science.

Informatization of world science predetermined the emergence of new tools for measurement and evaluation of the work of a scientist in quantitative aspect and the creation of scientometric databases, respectively. The existence of different approaches to the assessment of knowledge with the use of the global scientometric databases confirms the relevance of this research. The aim of the research is the systematization of methodological approaches to the assessment of the knowledge accumulated in scientometric databases, and determining prospects for the development of the assessment of knowledge of Ukrainian authors in the world system of scientometric evaluation. We applied general scientific and special research methods: analysis, synthesis, comparative characteristics, theoretical generalization, system approach. In the work a scientometric database is defined as the platform that deposits (accumulates) in electronic format scientific works of scientists of different branches of knowledge and processes lists of cited literature, calculates certain quantitative indicators, based on which it is possible to analyze the influence/credibility of the activity of one or another publication, organization, scientist etc. It is stressed that the main indicator, with the help of which the assessment of knowledge is given, is the knowledge economy index. We carried out a historical review and found that the first and one of the most respected scientometric knowledge databases of the world is Web of Science, part of the platform of the Web of Knowledge. The most widely used quantitative measure that is calculated in this database is the index of efficiency. Another most famous database is Scopus, which Elsevier publishing corporation positions as the largest universal abstract database that allows tracking scientific citation of publications. In accordance with the declared policy of the corporation, this database must become the most complete and exhaustive resource for the search of literature. It was found that the projects concerning the use of the scientometric database Scopus for assessment of the scientific potential of Ukraine in general and individual subjects of scientific activities of the state at the level of the authorities of state governance began to emerge in 2009. It is stressed that only a small proportion of professional publications of Ukraine is integrated into Scopus and the Web of Science, and to analyze objectively the status of science development in the country with their help is impossible. We concluded that despite the inclusion of new publications into these databases, joining them is a complex and lengthy process. Out of several thousand of journals, the Web of Science selects about 10–12, Scopus ~ 50%. The review procedure lasts for almost a year and in case of rejection the renewed request for registration can be submitted only in 2 years. The assumption was adopted about the development of the assessment of knowledge by means of the most famous global scientometric databases in Ukraine: much time is yet to pass until most of the periodicals from the post–Soviet territory will be included into scientific repositories–leaders and a possibility will come to provide objective assessment with their assistance. The scientific novelty of the article is in the systematization of methodological approaches to the analysis and evaluation of knowledge in the world system of scientometric evaluation and in determining the prospects for the development of this sphere in Ukraine. The practical significance of the obtained results is the use by domestic scientists of the materials of the paper to determine scientometric databases and indexes that are the most appropriate for submitting publications and collaboration with the leading periodicals of the world by the fields of knowledge. At present, in the world practice they use 4 indexes of scientific citation as the main tool for the quantitative measurement of the efficiency of the work of a scientist. The use of such indexes is the prospect of further research in the development of the knowledge economy.