Suchergebnisse

The author of the article analyzes the collaboration of the domestic and foreign Ukrainians alike in the perennial intellectual support of restoring Ukraine"s independence. The most important figures in this process were: V. Antonovych, M. Hrushevsky, M. Kostomarov, A. Krymsky, M. Maksymovych, I. Ogienko, O. Potebnya; V. Vytvytsky, M. Globenko, V. Holubnychy, S. Hordynsky, E. Glovinsky, D. Dontsov, A. Zhukovsky, Z.E. Kohut, I. Koshelivets, B. Kravtsiv, I. Krypyakevych, V. Kubiyovych, Z. Kuzelya, Y. Kuchabsky, V. Markus, M. Mikhnovsky, O. Ogloblin, E. Onatsky, J. asternak, E.-Yu. Pelensky, V. Petrov, S. Plokhii, N. Polonska-Vasylenko, O. Pritsak, I. Rakovsky, S. Rudnytsky, S. Smal-Stotsky, M. Stakhiv, O. Subtelny, A. Figol, V. Khvoyka, M. Chubaty, V. Shcherbakivsky, S. Yaniv; V. Balushok, V. Baran, M. Braichevsky, I. Gel, P. Grigorenko, J. Dashkevych, I. Dziuba, I. Drach, M. Zhulynsky, L. Zaliznyak, J. Isayevych, J. Kalakura, I. Kandyba, P. Kononenko, L. Lukyanenko, O. Nelga, G. Pivtorak, M. Popovych, O. Romanov, M. Rudenko, E. Sverstyuk, S. Segeda, V. Sergiychuk, V. Smoliy, V. Stus, M. Tymoshyk, V. Chornovil and others.
The publishing of "Encyclopedia of Ukraine" was an extremely important event that became the means to centralize the worldview of the meaning field of the Ukrainian identity. "Encyclopedia of Ukraine" (Professor Volodymyr Kubiyovych, chief editor) is a scientific publication that combines the most significant systemized information in different scientific branches about the Ukrainianship, Ukraine, and Ukrainian world. Since Ukraine's study has a huge worldview potential, it is necessary to further fortify its influence on the forming of a complete worldview and common identity of Ukrainian citizens.
We know that any political, economic, historical, and ethnocultural information requires the meaning processing when it is being studied. Because meaning is a unit of inner world of identity (O. Leontiev), while "the strive for the meaning" is one of the most efficient motivators of person's tendencies, and once it"s gone people get trapped in an existential vacuum, alienation, depression, despair, etc. (V. Frankl). The meaning throughout the entire "Encyclopedia of Ukraine" could become a determinant of the worldview formation of the meaning field in Ukrainian identity (both personal and general). So, "Encyclopedia of Ukraine" with meaningful information and different forms (signs, symbols, images, axiological, etc.) of meaning representation may become a source of Ukraine"s study competency and a system forming factor of centralizing the worldview of the meaning field of the Ukrainian identity, which was provided by the process of intellectual support of Ukraine's independence.

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.

In the article, the author explores relevant issues of the formation and development of the Ukrainian criminal process over the 30 years of existence of the state of Ukraine since the proclamation of its independence. The main stages of the development of the criminal procedure are highlighted and analysed in detail, namely: the stage of its formation since Ukraine's independence proclamation in 1990-1991; the stage of development of the criminal procedure after Ukraine's accession to the Council of Europe and the adoption of the new Constitution of 1996; the stage of the criminal procedure development after the adoption of the new Criminal Procedure Code (CrPC) of Ukraine in 2012. The novelties of the CrPC of 2012 are comprehensively analysed. Firstly, the Code incorporated the relevant key provisions of the Constitution of Ukraine and international legal acts on human rights and justice. Secondly, it settled a number of issues that were important for criminal proceedings but were either unregulated or partially regulated by other laws or regulations. The article provides an analysis of the principle of access to justice enshrined in the CrPC of 2012, which provides for the right of participants in criminal proceedings who have a vested interest in the results of these proceedings (suspect, accused, victim), not only to obtain a fair trial but also to use broad procedural rights and to take an active part in criminal proceedings both during the pre-trial investigation and during the trial, contributing to the comprehensive, complete, and impartial establishment of the circumstances of the criminal proceedings and the adoption of a fair trial. The author also touches on the amendments to the CrPC of 2012, which are related to the military aggression of the Russian Federation against Ukraine and the impossibility of pre-trial investigation and trial in the areas of the anti-terrorist operation, as well as those related to the implementation of the UN Convention against Corruption, aimed at strengthening the fight against corruption crimes.

The event of the thirtieth anniversary of Ukraine's independence [1] provides an excellent opportunity to sum up the interim results, analyse the achievements made in building an independent democracy, as well as to understand the miscalculations that can hardly be avoided. Legal science plays a huge role in this, particularly, its part related to the field of administration of justice in civil cases which is ensuring the effective settlement of civil disputes and the administration of civil justice. In view of this, the purpose of the study is to establish the contribution of legal scholars of Taras Shevchenko National University of Kyiv in the development of the doctrine of the science of civil procedural law during the period of independence of Ukraine since 1991. To achieve this goal, scientific methods of analysis of the main legislative acts regulating civil procedural relations were used, the provisions of those studies were singled out and characterized; the latter proposed new approaches to improving the mechanism of exercising the right to a fair trial, ensuring access to justice in civil cases; development and improvement of civil justice in the context of modern international, in particular, European approaches. The results of the study revealed more than forty dissertation researches, which were promoted during the selected period at the University, as well as a number of scientific studies that significantly influenced the development of the national tradition of civil procedure. The conclusions summarize the results of the study and identify areas for further development of research in the field of civil procedural law of Ukraine. In particular, it is noted that today special attention should be paid to the need for proper implementation in Ukraine of the concept of the right of everyone to a fair trial, guaranteed by the European Convention, as well as to increase out-of-court settlement of disputes mediating the right to access and freedoms in the modern world. It is important to understand the global trend of reconciliation of the parties as the most effective settlement of disputes and the spread of various ways that allow the parties to find the most convenient and effective way to protect their rights. Keywords: civil process, Ukraine, access to justice, legal doctrine, Kyiv University, Civil Procedure Code of Ukraine.

This article studies the essence of the basic remuneration in comparison with the enforcement fee, the specifics of their collection during the formation of enforcement proceeding laws during the independence of Ukraine and their evolution into "enforcement sanction" − a common term for these two concepts introduced by the new draft law "On Enforcement of Decisions". It has been determined in the article that the basic remuneration of the private executers is collected in the manner prescribed for the collection of the enforcement fee. Therefore, the enforcement fee and the basic remuneration of the private executers are defined mostly as identical concepts. However, it is sometimes unacceptable to apply the enforcement fee rules to the basic remuneration, in particular, in the event of exemption from payment of the enforcement fee, when lien is put on property to secure claims, or when the enforcement fee is refunded due to revocation of the court order, which is confirmed at the level of judicial practice.It is summarized that the enforcement fee and the basic remuneration are, first of all, fees for decisions enforcement, and, at the same time, they serve as punishment for the debtor's failure to execute the decision voluntarily (before the enforcement document is delivered) and encourage the defender to execute the decision voluntarily without the involvement of law enforcement agencies. The article positively points out the dualistic legal nature of these funds and the preservation of this nature in the new draft law in the context of the enforcement sanction and specifies which regulation features of this nature should be improved. For instance, in the article it is considered to be appropriate to reduce the enforcement sanction, if the debtor executes the court order himself within a short period from the beginning of the order enforcement or if the enforcement document is returned or the order enforcement is terminated without actual execution. Кeywords: means of enforcement proceedings, the amount of recovery, actual execution, return of the enforcement document, termination of enforcement proceedings.

An activity of the Ukrainian Workers and Peasants Union (UWPU) headed by Levko Lukyanenko in West Ukraine at the end of the 1950s to the beginning of the 1960s was a manifestation of the struggle for independence of Ukraine. Contemporary historiography studies the UWPU's activity in the context of looking for new forms and methods of the political resistance to the Soviet system in West Ukraine without using the ideology of the Organization of Ukrainian Nationalists. The result of the struggle depended on the ability to consolidate a whole society by the leaders of the national liberation movement. In the article we shall study the ideas about unity of the Ukrainian society and potential factors of its consolidation in the program documents of the UWPU. A task in hand of the UWPU was "to unmask before workers and peasants an irreconcilable opposite of their interests and the interests of the bureaucratic officialdom as well to compel the direction to comply in the sphere of increasing freedoms of people. Nevertheless an addition complication in the UWPU's propaganda in West Ukraine was Lykyanenko's and Kandyba's, the leading members' belonging to the system of the Soviet justice which was a part of the party and state structure and estranged deeply from people. The UWPU proclaimed a start of a new stage of struggle for the independence of Ukraine by the most conscientious workers and peasants which are united all over Ukraine and do not communicate with each other. The struggle of the UWPU for Ukraine's secession from the USSR should be peaceful and according to the Soviet constitution on the tactic and ideological grounds. The UWPU has thought that the idea of the independent Ukraine is only one possible idea which could unite the whole Ukrainian people, exploited by the Russian Soviet colonialist polotics workers and peasants deprived of their rights. The programme of the Union opposed the whole Ukrainian people to the Ukrainian Communists, the representatives of the party and state officialdom, as obedient representatives of the colonial administration. The members of the UWPU, high-principled Marxists, proclaimed their unstinting support the struggle of the Ukrainian Uprising Army for the independence of Ukraine and blamed an armed repression by the Soviet state the Ukrainian underground in West Ukraine. Taking into account the Ukrainian people changed during centuries of slavery and a social oppression the UWPU's programme does not only presume to challenge the presence of the protest potential of the Ukrainian people but also affirms that in time the Ukrainian people's aspiration to independence develops widely and its struggle for the independence becomes fiercer. The UWPU suggests to campaign among workers and peasants for the uniting the whole Ukrainian people for the struggle for Ukrainian state independency, as well to win representatives of other nationalities which live in Ukraine, and fight for general democratization of the state structure in the USSR

The article deals with the coverage of one of the most conflicting contemporary social phenomena - separatism. Its emergence is compounded by the widespread of contradiction between two principles of modern international law - the selfdetermination of peoples and the territorial integrity of states. In seeking for resolving of this contradiction, the Parliamentary Assembly of the Council of Europe recommends protecting the possibility of exercising the right of ethnic minorities to their selfdetermination without providing an autonomous right to their separation. Thus, the recommendation of the Parliamentary Assembly not only provided ample opportunity for a deeper understanding of the principle of self-determination of nations, but also expanded the use of new varieties of separatism terms: secession; irredentism; enosis; devolution. To confirm this conclusion, we have analyzed the activities of a number of separatist parties and movements legally operating in Europe, in particular in the United Kingdom (Scottish National Party), Canada (Liberal Party of Quebec), Spain (Buck Nationalist Party, Catalonia Independence Movement), etc. Concerning Catalonia's independence, the article emphasized that today in Europe, as in the whole world, such a political and legal situation has emerged that it is impossible to recognize its independence. Accordingly, any protests by the Catalans will be considered as unconstitutional. Given the conflicting nature of separatism both in Catalonia and in other regions of European countries, it is possible that the Parliamentary Assembly of the Council of Europe may subsequently propose changes and additions to the interpretation of international legal principles in order to more effectively remove the contradiction between the right of nations and the right to self-expression territorial integrity of states.

The modern integration and globalization processes were investigated, which are accompanied by aggravation and new contradictions in the energy sector. Outlines the main implications of the increasing number of threats , their dynamics , and the extent of the negative impact of complications on Energy management system of the country. We offered the new mechanisms of strategic management of energy security of Ukraine. The methods of improving the competitiveness and viability of the national economy through public - private partnerships

The article is devoted to the analysis of the Ukrainian diaspora organizations ethnocultural activity peculiarities in the Russian Federation (RF), the beginning of which is connected with the collapse of the Soviet Union and the proclamation of Ukraine"s independence (1991). The author connects their appearance with the growth of national consciousness, which was based on the idea of Ukraine"s independence. This idea has always been perceived extremely negatively and cautiously by the ruling class of Russia, as well as by a significant number of Russians, at all times when Ukrainians were under the imperial roof.
Even in the conditions of the total crisis at the turn of the 1980s and 1990s, when the systemic disintegration of the USSR began, the Communist Party leadership constantly kept the "Ukrainian question" in view. This is confirmed, in particular, by the termination in 1989 of the magazine "Ukrainian Question", the publication of which was organized by the Moscow branch of the "Ukrainian Helsinki Union".
A similar fate befell a number of other Ukrainian communities already in modern Russia. Among them are the two largest all-Russian diaspora organizations of Ukrainians in Russia: the Union of Ukrainians of Russia (ESD) and the Federal National-Cultural Autonomy "Ukrainians of Russia" (FNKAUR). The analysis below shows that their activities were carried out in accordance with Russian legislation, in particular the Federal Law of Russia "On National and Cultural Autonomy" and was aimed at organizing and conducting ethnocultural work among Ukrainians. However, Putin's leadership found "evidence of political activity" from both ESD and FNKAUR and banned their activities by court order.
In fact, the main reasons for the author's cessation are the independence policy of modern Ukraine and the leaders of Ukrainian diasporas, their "disobedience" to pursue Russia's state imperial policy among Ukrainians, and their unwillingness to ignore the ethnocultural needs of Ukrainians.
Currently, there is no all-Russian organization of Ukrainians in Russia. Activists of the Ukrainian diaspora have repeatedly, and since 2014, tried to register at least one of them, but they are constantly denied on the grounds that they will allegedly "glorify Bandera" and negatively affect Ukrainian-Russian relations. In fact, the reason is different, namely, in the traditional imperialism not only of Russia's ruling class, but also of a significant number of Russians who do not see a Russian neo-empire without Ukraine. This Russian propaganda cliché penetrated deeply not only into the consciousness of Russians, but also distorted the national consciousness of a significant number of Ukrainians in Russia, who cease to identify themselves as Ukrainians. The article emphasizes that the deidentification of our compatriots is based on persecution, harassment, contempt, not only the Kremlin authorities, but also a significant number of Russians towards Ukrainians in Russia.

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 Crimean Tatar problem holds a leading position in the system of ethnocultural relations with the AR of Crimea. It is caused by a number of factors inherited from the past, as well as by the imperfection of the legislative basis of Ukraine, its ethnonational policy. Political and legal foundation, built during the years of independence, made it possible to combine the interests of all components of the Ukrainian political nation; however, it didn't provide equal conditions for the ethnonational development and active participation in state-building processes of Crimean Tatars and national minorities. According to the All-Ukrainian Population Census of 2001, the ethnic composition of the Autonomous Republic of Crimea is as follows: Ukrainians constitute 24.3%, Russians – 58.3%, Crimean Tatars – 12.0%, other nationalities – 5.4% (Belarusians – 1.4%, Tatars – 0,5%, etc.). Separate statistics regarding the city of Sevastopol indicated the prevalence of Russians (71.6%); almost the statistically average percentage of Ukrainians in Crimea (22.4%); and a small Crimean Tatar community (0.5%). During the years of independence, the national and cultural need of Ukrainians and Crimean Tatars to study in their mother tongues was extremely poor. So, out of 583 schools that functioned in Crimea in 2014, only 7 were Ukrainian, and from 23.4% of ethnically Ukrainian schoolchildren only 0.7% were taught in the state language. In the 2013–14 academic year, 5551 Crimean Tatar children were educated in their native language; the national-cultural needs of the Crimean Tatars were not completelythis situation was the lack of qualified pedagogical staff, lack of textbooks, etc. After the annexation of Crimea, the Ukrainian language, which the occupation government had recognized as one of the state languages, almost completely disappeared from the educational space of Crimea, with only 1 of 7 schools retaining Ukrainian-language instruction. Today, 15 general education establishments of the Republic of Crimea continue to provide their instruction in the Crimean Tatar language (201 classes, 3651 students). Long before the onset of the armed conflict in eastern Ukraine and the annexation of Crimea, challenges in the humanitarian field, in particular the tragedy of the Ukrainian language in the cultural and educational continuum of the peninsula, were in the sight of the Ukrainian humanities: lead scientists observed negative ethnocultural tendencies caused by the inaction of state authorities that reinforced the threat of disintegration and loss of state sovereignty. During the years of Ukrainian independence, Crimea hasn't formed strong pro-Ukrainian electorate capable of defending state sovereignty. Taking into account the constant support of Russia by the Russian community of the peninsula, lobbying for the idea of the "Russian World" and "the originally Russian Crimea", as well as the lame state support of Ukrainian and Crimean Tatar communities, which would be able to withstand the separatist threats, the ideological war in Crimea had been lost even before 2014, which became one of the reasons for the annexation of the peninsula.

The article analyzes the socio-demographic determinants of Ukrainian citizens' attitude to the judiciary identified on the basis of a nationwide survey. The sociological specifics of the analysis provided for the verification of the influence of those factors that reflect the consequences of social stratification in a particular society — its socio-economic, political and socio-cultural dimensions. In different countries of the world, the influence of socio-demographic factors on the attitude to the judiciary has been uneven and unequal. In many European countries, the experience of cooperating with the courts leads to a negative attitude towards justice. The attitude to the judiciary is considered through four indicators: 1) trust in the courts; 2) assessment of the chances of winning court case, regardless of the wealth of the citizen; 3) assessment of an independence of judges; 4) assessment of an integrity of judges. Despite social optimism observed in Ukrainian society after the 2019 presidential and parliamentary elections, the study found a low level of trust and negative assessments of Ukrainian justice. Using the method of multiple linear regression, it was found that public opinion about justice is formed regardless of gender, level of education and region of residence. It was found that Ukrainians' attitude to the judiciary is largely determined by age, settlement type, language of communication at home and experience of participation in the trial. Confidence and positive assessments assessments of the judiciary are mainly manifested as the age and size of the settlement decrease, as well as among Russian speakers and those who have experience of participating in the trial. The influence of the respondents' financial situation on their assessment of the independence of judges was unexpectedly dependent: as the financial situation of the family decreased, the tendency to consider judges independent increased.

The author argues that the necessity to own Ukrainian territory has remained an important factor for the imperial power of Russia. During the independence period, Russia has exerted considerable humanitarian, political, and information pressure on Ukraine to keep it in the sphere of its own influence and to discredit it in the eyes of other states. The article analyzes the characteristic features of the new type of warfare - a so-called "hybrid war". This type of confrontation is typical of the post-industrial society. The author concludes that all instruments of the hybrid warfare - information weapon, participation in the competition of non-state actors, the use of terrorist methods, the use of methods for economic and psychological pressure and propaganda - were used by Russia against Ukraine. These circumstances brought Ukraine to the boundary situation. The humanitarian aggression is aimed at the continuation of the colonial dependence of Ukrainians, splitting Ukraine into regions. The "hybrid warfare" uses methods of the unofficial influence on the government of Ukraine, economic blackmail, and destruction of the country's positive image in the foreign-policy relations. Modern occupation models are based not only on military actions; they effectively use information space. The aggression is performed through the hostile propaganda, "war of ideas", and creation of simulacra in the context of fighting for human minds. Among the new methods of influence are cyber attacks, which threaten the systematic operation of many establishments. It is necessary to develop a strategy for liberation from the colonial dependence of Ukraine and establishing a Ukrainian-centered position. This factor could change our future as a political player. It is important to track threats in different spheres of life and develop means of contradiction - namely, protection of the Ukrainian language and our own information space; removal of oligarchs from power; defending national interests and preserving our independence.

The purpose of writing this article is to provide a conceptual overview of the main ideas and doctrines in the field of land law, which were being researched and substantiated by employees of the Faculty of Law / Institute of Law of Taras Shevchenko National University of Kyiv during 30 years of independence, outlining the main achievements of land law and their practical implementation during this period. The main research method was the analysis and systematization of scientific research at the institutes of land law as a branch of law, science and academic discipline. The method of historical analysis helped to understand the historical and legal preconditions for the formation of a team of specialists who during the times of independent Ukraine were successfully working in land and related branches of law at Taras Shevchenko National University of Kyiv. In conclusion, it is noted that scientists of the Faculty of Law / Institute of Law of Taras Shevchenko National University of Kyiv worthily have represented and developed land law as a branch, science and academic discipline since the very beginning of Ukraine's independence. Within the limits of this article it is not possible to show in full the scientific achievements of the employees of the Faculty of Law / Institute of Law of Taras Shevchenko National University of Kyiv and their students during the time of independent Ukraine. But the described main scientific achievements emphasize the significant contribution of land law science of the Faculty of Law / Institute of Law of Taras Shevchenko National University of Kyiv to the development of the science of land law of independent Ukraine. Due to the active position of the teaching staff at the Faculty of Law / Institute of Law of Taras Shevchenko National University of Kyiv, there grew a worthy scientific constellation of researchers, teachers, practitioners and statesmen, whose main scientific interest was land law with its practical implementation and improvement. Keywords: independent Ukraine; land law; Taras Shevchenko National University of Kyiv; Faculty of Law; Institute of Law.

The article analyzes the causes and consequences of the split in the evangelical-Baptist environment in the 1960s; found that one of the main causes of the split in the bosom of evangelical Baptist Christians was the destructive influence of state authorities on religion in general, and Christian denominations in particular when initiated by state bodies of the union of Protestant religious communities under the auspices of the All-Union Baptist Council Church for organization under control of special services bodies; it has been proved that the conflicts between the leadership of the Verkhovna Rada and the Council of Churches were artificial. The confrontations among the believers were mainly provoked by SSC agents and secret services, and were only in the hands of the Communist Party regime, which helped him control events, pacify some and repress others; it is proved that under the influence of the movement for the independence of the church from the state headed by «initiators», the regime has been operating since the second half of the 1960s. gradually began to ease the pressure on officially registered communities of evangelical Baptist Christians. Prayer meetings began to be attended by teens, and ordinary members and members of other congregations were allowed to preach. As a result of these changes and some easing of tensions between the church and the government, many believers and congregations began to return to the official union governed by the ACEBC, without wishing further confrontation; it is shown that the internal church events of the 60's of the twentieth century, which were provoked by the SSC special services and led to the split of the EBC community, reflected on the position and activities of the EBC Church and in the period of independence of Ukraine, the higher leadership of the split community (the ACEBC and the Church Council) and could not reconcile and unite in a united union. This significantly weakens their spiritual position in today's globalized world, where cohesion and competitiveness play an important role.