Suchergebnisse

In the proposed article, on the example of the revolutionary events of 1917-1921 in Kharkiv Government, the interconnection between internal political stability and the solution of the land issue is shown. The object of the study is agrarian question as a conflict factor, which made the relations between the authorities and the population of the region more complicated. Having gained the control over the region the opposing governments had to solve not only military but also economic questions. The most difficult problem was to address the agrarian issue, as well as to determine the governments' share in the total volume of production grown by the peasantry. To solve these problems the political regimes combined repressive actions, methods of encouraging local people's collaboration, and information warfare. Despite the lack of the Ukrainian national political regimes' support the agrarian population of Kharkiv Government resisted the «White» and «Red» terror and policy of War Communism. The most common forms of resistance of the peasantry in Kharkiv region were: illegal active struggle (armed uprisings, creation of rebel forces, terrorist acts), illegal passive struggle (desertion, concealment of food, sabotage of duties), legal active struggle (village meetings, peasant conferences) and legal passive struggle (refusal to work in local authorities, unwillingness to join the political party). In summing up authors pointed out that the conflict factors in the region included: the frequent change of the military-political situation, lack of reliable information in the countryside, popularity of Utopian ideas among the masses, food confiscations, terror of the repressive bodies, and spontaneity of the peasant rebellion movement.

The article deals with the legal nature of a land lease. The contemporary relevance of this study is explained by the fact that the following phenomena depend on the legal nature of the land lease: the specific lessor's and lessee's rights, the defense procedure of the lessee's right to do a business activity on the land parcel; the loss, caused by force majeure, distribution, etc. A lease right was considered to be a personal right in Roman law. Recently, there is a vivid trend in Ukrainian legislation to convert a lease as a personal relationship between two persons to some kind of real relations (relations between the person regards things). The idea that the lease of a land parcel is or can be some kind of a real relation dominates in Ukrainian literature. Based on the study of the land lease legal nature the author concludes that the land lease is a personal relationship. The author assesses the legal regulation of the land lease as a real relation. This regulation aftermath is that land lease converts into emphyteusis, superficies, or into some kind of real relation (usus or usufruct). Having analysed the legal regulation for the land lease, the author came to conclusion, that it duplicates the legal regulation for property relations. The analysis of the negative consequences of this regulation is done in the article. One of the main negative consequences of the land lease converting into the real relation is the reduction of the list of legal tools by which business entities may adjust their relations. At the same time, the land lease stops guaranteeing the lessee opportunity to conduct the economic activity on the land parcel.

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.

According to the Land Code of Ukraine, the land is the main national wealth, which is under special protection of the State. As a result of the land reforms in Ukraine, the private ownership of land is renewed, restrictions on granting the land plots to citizens are removed, but the rational highly-efficient land use and agriculture growth in the trajectory of sustainable development is not provided. One should also point to the lack of a comprehensive approach to determine the place of the land reform in the system of transformation of the national economy. The purpose of the article is to substantiate the principles of the land reform and determine its dialectic link to other reforms of the national economy. To achieve this goal we applied system approach, general scientific methods of analysis and synthesis. The information basis of the research is the legal regulating data of Ukraine and the reporting data of the State Service of Ukraine for Geodesy, Cartography and Cadastre. The main scientific result of the paper is substantiation of principles of land reform and determining of its dialectic link to other reforms of the national economy, namely, decentralization of management of the national economy; environmental reform, reform of agriculture and forestry. The following principles and guidelines must underlie the land reform in accordance with a system approach: inventory and delimitation of agricultural lands, conducting their financial evaluation and regular re-evaluation, creation of a civilized land market and the right of rental of land plots for agricultural purposes on a competitive basis, stimulation of medium-term and long-term lease relations, decentralization and eco-friendliness of land relations, etc. The scientific novelty of the work is defining the principles of land reform in Ukraine, which includes identification of its dialectic unity with other reforms in the national economy. Practical significance of the results of this work consists in identifying specific measures for reforming land relations with regard to causal relationships of economic reforms in Ukraine. The prospect of further research on the topic of the work is the development of proposals to improve the taxation of land.

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 analyzes the major milestones in history of the Orthodox Church in Ukraine. The main attention is pay to the first century of colonial state of the Church, from the time when the Kyiv Metropolitanate was subordinated to the Moscow Patriarchate in 1686 until the act of secularization of church lands in 1786. During that time the Ukrainian church elite defended her rights and interests in the conditions of Russian centralism. In particular, the attempts of higher clergy to preserve the traditional canonical jurisdiction of Church in Constantinople patriarchy as so as the actions of elite in protecting the interests of church institutions in the conditions of subordination to the Moscow Patriarchate (1686-1720) and advocacy of legal rights and property of the Orthodox Church in Synodal period (1721-1786) are considered in the abstract form. It is concluded that the century in Ukrainian history since the subordination of the Kyiv Metropolitanate of Moscow Patriarchate in 1686 to the act of secularization of church lands in 1786 marked the opposition of the Ukrainian ecclesiastical elite to Russian centralism and the attempt to defend traditional rights and interests of the Orthodox Church in various forms. The success of the struggle of the Ukrainian church elite for its rights directly depended on the interests and tastes of the Russian ruling circles, as well as on the support of the secular elite and the heads of the Hetmanate. It is noted that since the independence of Ukraine, a negotiation process between the three branches of the Orthodox Church in Ukraine - the UOC-MP, the UOC-KP, and the UAOC, has begun which was held with varying success. The lack of effective agreements on the creation of a single Ukrainian Local Orthodox Church was associated with different views of each of the parties of the principles of the unification process and their different understanding of canonicality. The significance of the agreement reached by the President of Ukraine Petro Poroshenko on the provision by the Ecumenical Patriarch Bartholomew of the Orthodox Church of Ukraine Tomos of autocephaly and the creation of the Ukrainian Orthodox Local Church are stressed. This will begin a new stage in the history of the Orthodox Church in Ukraine - a return to free development
of the Stavropig of the Patriarchate of Constantinople.

Pochaivska Lavra was one of the largest cultural centers in the XVIII - the first third of the XIX century. Pochaivs'ka Lavra Printing house, after the printing house of the Kyiv-Pechers'k Monastery, was one of most powerful publishing center in the Ukrainian lands. Until the end of the XVIII century it published about 250 editions in Cyrillic and about 200 editions in Latin and others languages. At present, relevant is unbiased and objective coverage of all aspects of the activity of the Pochayivs'ka Lavra at the period of the Basilians as the least studied and on the other hand as the most productive period, especially in the book publishing process. The purpose of this article is an attempt to determine the role of the Pochayiv monastery as the center of the unification of Ukrainians, analyzing the repertoire of the Pochayiv publishing house at the 18th and the beginning of the 19th century, the language of publications, their design and contacts with other publishing houses. It is concluded that the most productive activity of the Pochayiv printing house was Uniate period - XVIII - beginning of the XIX century. The typical features of the printing industry of this time were: a diverse repertoire of books that included the spiritual and secular literature of various Christian confessions, original and translated works of religious moralistic content, multilingual editions, and their high artistic level. The activity of the Pochayiv Assumption printing house extending beyond narrow confessional boundaries. Like the Kyiv editions were used not only by the Orthodox, but also by the Catholics of the Byzantine rite, the Pochaiv books and engravings spread among the Orthodox population of Ukraine. The undoubted merit of this cultural and spiritual center was that it continued the tradition of printing Ukrainian-language publications in conditions where the Kyiv- Pechers'ka printing house was deprived of such a possibility under the pressure of decrees of Russian secular and church authorities. The Pochayiv printing house maintained close contacts with other publishing centers - both Uniate and Orthodox. This is evidenced by the active using and reprint of their publications in Pochaiv. Despite the different denominations, there were close contacts between the Pochayiv Uniate and Kyiv-Pechers'k Orthodox printing houses. This testified to the spiritual unity of Ukrainian lands besides state borders, religious and administrative barriers of secular and church authorities.

The article is devoted to the consideration of the methodological problem of modern scientific humanitarian discourse in Ukraine - the relationship between the concepts of "Ukrainian philosophy" / "philosophy in Ukraine" in the days of the USSR. Based on a brief historical digression on the history of the philosophical process in Ukraine and the Diaspora, the author shows how difficult it is to assign certain philosophical theories, ideas and figures of thinkers to one of these categories. The article analyzes the existing developments on this issue, as well as proposes the author's version of its solution. It is also proposed to focus on the approach developed by Vilen Horsky in addressing the issue of correlating the concepts of "Ukrainian philosophy" / "philosophy in Ukraine" in the days of the USSR.
The conclusions emphasize that, despite the fact that the issue of "Ukrainian philosophy" / "philosophy in Ukraine" of the Soviet period is in some way set out and resolved even at the level of philosophy textbooks, it still remains open. But, obviously, we will never have a "final and irreversible" solution to this dilemma, in part because of a certain conditionality of such a division, which still makes sense as a symbolic definition of extreme positions in the development of philosophy in these lands in the USSR, as well as the whole humanitarian culture in general. As for the search for criteria for assigning a certain phenomenon or figure to Ukrainian philosophy, it should certainly continue, taking into account the principle of correlation of a number of criteria that will ultimately assess a certain philosophical phenomenon as a whole in terms of expanding the Ukrainian cultural circle through deepening its selfreflection.

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).

The article explores the problem of the ideology of Putinism. It draws attention to the fact that in modern analytical texts about the phenomenon of Putinism, the dispute between scholars has shifted toward clarifying its ideological foundations. A few years ago, an intense scientific debate about the correctness of usage of the term "Putinism" itself took place. The authors investigate the current analytical publications on the ideological foundations of Putinism. The article points out the divergence of views of researchers on the existence of state ideological doctrine developed in the current Kremlin regime. The purpose of this article is defined as proving the fact that Putinism is not only a practical but also an ideological phenomenon of our age. The authors conclude that the ideology of Putinism exists. It seems convincing to consider Putinism as an ideological doctrine of the hybrid type, the general characteristic of which can be defined as neo-imperialism of the autocratic type with the elements of totalitarianism, "assembled" from a set of different doctrines of the past and present. Among them: Pan-Slavism, Russo-Centrism, Eurasianism and Neo-Eurasianism, Duginism (ideologically extremely close to the ideology of the Third Reich and the ideologists of the German "conservative revolution" at the same time, according to L. Lux), Messianism, Isolationism, Anti-Westernism and Anti-Americanism, Neo-Stalinism, Orthodox Fundamentalism, the role of the strong leader. Putinism as a neo-imperialist ideology is in line with the Kremlin's practice, beginning with Putin's rise to power when neo-colonial wars began on the perimeter of the former Soviet empire. It is partly orientated to suppress internal separatist movements, as it was in the case of Chechnya and partly to attempts to "gathering lands" as in the case of Georgia and now – of Ukraine.

The author considers in this article the problem of definition the characteristics of the non-independent status of Ukraine at the time of the Russian Empire and the USSR as one of the key for the Ukrainian philosophy of history, political science and politics. This problem is extremely important both from a theoretical and a practical point of view. According to the author, Ukraine really had the status of a colony in one form or another, although nominally in the USSR was one of the "sovereign republics". The article outlines the main factors that prevent scholars from unanimously recognizing this status, criticized those areas of Western Postcolonial Studies, where hypertrophied racial factors and the "overseas territories" factor, and, in addition, the Russian Empire is ignored as a colonial state. The part of those researchers, who deny the colonial status of Ukraine in the USSR, emphasize the aggressive nature of Bolshevism and the imperial policy of Moscow, but at the same time they are talking about "occupied Ukraine." For example, the main territory of Ukraine after the collapse of the Russian Empire was occupied by Bolshevik Russia. After the Second World War, when almost all of the Ukrainian lands were united under the USSR, they were given an occupation regime that existed until the 1990s. The author of the article believes that this approach is a simplification of the real situation. The period of occupation in Eastern Ukraine ended in 1921, when the Bolsheviks were forced to make certain concessions to the Ukrainians, and in Western Ukraine - in 1953, shortly after Stalin's death. There has come a long period of colonial exploitation of Ukrainian resources, including human, whose consequences considerably complicate the life of the restored independent Ukrainian state. Decolonization is an incomparably more complex and prolonged process than liberation from occupation and overcoming its consequences.

This paper examines the problem of large capital influence on public policy. The main sources of corruption in modern societies are considered: clientelism and rent-seeking. It was identified and analyzed the problem of clientelism in developed democracy and in States with unstable institutional environment, including Ukraine. Clientelism involves such relationships, which are based on a mutually beneficial services exchange between persons of different status and power, the client is usually provided with protection in exchange for his loyalty and political support. The stability of client-patrimonial connections is profitable for both socially unequal sides: for patron, for them these links are the mechanisms of their influence, and for the clientage - a form of protection. In turn, the economic rent is received by advocacy groups through a monopoly on scarce resources or through access to an administrative resource (the ability of the government, local authorities to create artificial shortages, licensing mechanisms, import tariffs regulation, tax rate regulation, open bidding with "special" conditions, etc.). The problem of the rentier formation and functioning, both in developed democracies and in States with unstable institutional environment, in particular in Ukraine, is analyzed. The first approach, under the "rentier", is understood by persons who live on the basis of rent, that is, income derived from capital, usually in the form of bank deposits, securities, revenues from real estate, land, business, copyright, etc. According to this definition, there is no clear distribution between the rentier and the entrepreneur. The second approach, understands not the sources of income of individuals, but the way of their lives. At that, this way of life absolutely contrasts with the way of life of an entrepreneur. The main threats to society in connection with the functioning of clients and rent-seeking groups in societies like the Ukrainian one are identified.

The paper analyses the revolutionary events of XX–XXI centuries in Ukraine, in particular, the prerequisites, causes, and consequences of social, political and economic nature, the historical, political and legal experience of the Ukrainian Revolution of 1917–1921, the Orange Revolution of 2004 and the Dignity Revolution of 2014. By carrying out a comparative legal analysis the author comes to the conclusion that the above mentioned processes are characterized not only by the same goal, the basis of which is the idea of social and national liberation, but also by such concepts as human centrism, their anti-imperial, national, and state orientations. On the other hand, attention is also focused on the distinctive features of the revolutions mentioned, such as different external and internal political circumstances behind them and the international legal reaction to the revolutionary events that took place in our country.

Thus, the article outlines the challenges of today's Ukrainian humanities through the prism of an average human being's role in the revolutionary process in Soviet times, identifies the impact of these phenomena on the individual, makes an attempt to find common features of political and legal reaction to such events from both Ukrainian society and the ruling circles of some neighboring states.

The paper proves the complete scientific inability of a number of Russian imperial myths, namely the desire to present Russian-Ukrainian conflicts as "civil wars", the attempts of Russian historiography to "incorporate" the Ukrainian Revolution of 1917–1921 into the all-Russian revolutionary process, the desire to characterize the 2014 Revolution of Dignity as a "coup d'etat", etc.

On the basis of the comparative analysis, the author explains why the Ukrainian state as a geopolitical reality could not happen during the revolution in the beginning of twentieth century, in contrast to the events of presence, when modern post-revolutionary Ukraine managed to withstand the struggle against the Russian occupation forces and once again avoided the tragic consequences that came to our land after the occupation.

The imperial strategies and discourses of domination in modern Ukrainian culture, their manifestations in the Ukrainian literature on the basis of post-colonial and cultural-anthropological methodologies are analyzed. Integration and consolidation of Ukrainian national culture is an important state-building and globalization process. The very state of postcoloniality of contemporary Ukrainian culture demands new integrated philosophical studies of Ukrainian studies, including the emancipatory, decolonial socio-therapeutic goal. The questions of imperial strategies of domination, postcolonial discourse and globalization were covered in his writings by G. Grabovich, T. Gundorov, N. Zborovsk, M. Pavlyshyn, O. Titar, E. Thomson, O. Yurchuk. It is argued that the proliferation of an anti-colonial narrative is a definite step in overcoming the colonial heritage, but much more effective in overcoming colonialism is through democratization and the simultaneous spread of different types of discourses - postcolonial, decolonial, postimperial, anti-colonial, multicultural. Modern Ukrainian culture demonstrates both anti-colonial and post-colonial discourses. Socio-political and socio-cultural events of the last time especially actualize anti-colonial discourses, which is due to awareness of Ukraine as a former colony. At the same time, post-colonial discourses also demonstrate not only global but also national Ukrainian specifics. We see that colonialism in Ukraine, and, accordingly, the imperial resentment of the former metropolis with respect to Ukrainian lands, is not only a historical phenomenon, but a condition that determines and generates new conflicts up to an armed confrontation. In general, the texts of Ukrainian contemporary literature in view of the state of postcolonialism are classified into two types: 1) the type that focuses on the deconstruction of the imperial (postmodern post-colonialism), 2) the type that restores the Ukrainian national mythology (nationally oriented post-colonialism). The traces of the imperial are analyzed in the useful sense of the national-centered construction, and in the negative, when under the postmodern mask the cultural field of the Empire-Colony relations is restored. It is concluded that national Ukrainian culture will develop effectively only if the main imperial strategies are deconstructed and the main imperial myths are debunked.

The territorial integrity of Ukraine and peace on its lands, preservation of state sovereignty are the main tasks of the Ukrainian government, society, and all Ukrainians. As for as today the real threats from the Russian Federation remain, the Kremlin's aggressive policy in the hybrid war against our state is aimed at returning Ukraine to the sphere of Russia's influence. For doing this the Russian Federation is using methods that destabilize the internal situation in Ukraine, first of all, it depletes the Ukrainian economy, uses a powerful propaganda arsenal to distort Ukrainian national values and national culture, and misleads the allies of the Ukrainian state. A large-scale propaganda campaign against our country in certain areas of the Ukrainian state made it possible to perceive events in Ukraine through the prism of the views of politicians, scientists and artists of the Russian Federation. In such a situation, it is possible to confront Russian aggression only by using a complex of military, political, economic, informational and socio-humanitarian actions. In these conditions, culture and art are becoming an important means of solving complex social conflicts. Modern technological development has created a wide field for cultural and artistic influences, which has the opportunity to play a stabilizing role in the state. The through the influence on social consciousness can achieve important results in creating of certain ideas, values, spiritual needs as well as stereotypes and patriotic ideals. Such special way of influence on social conscious is art. The art represents significant and value dimension of the national being of the Ukrainians, gives a vision of historical being of the Ukrainian national, reflects spiritual links between a personality and the national, spiritual unity and succession of generation; both imaginative-symbolic and significant attributes of the national values and ideals are characteristic of it. Therefore, the question of restoration of peace, consolidation of Ukrainians, de-occupation of Ukrainian territories is considered in the context of conducting various cultural state measures, in particular artistic ones. That is why such purposeful usage of art in modern conditions the can be a powerful factor of consolidation of Ukrainians.