Suchergebnisse

The paper raises the issue of exacerbation of psychological problems caused by the political and economic environment, which creates a general social tension and becomes a background that exacerbates the existential problems of the individual. That's why author emphasizes on a particular need for the development of therapeutic direction and a detailed and well-grounded development of therapeutic concepts. It creates ways of an effective solve of current problems of psychological health and well-being of the person.

The article explained the conceptual provisions of the establishment, operation and therapeutic work with the symptom. The main characteristics, structure and overall symptom phenomenological expanse from the standpoint of the existential approach of the theory of system solutions and system modeling. Psychological functions of a symptom are considered. Issues of operationalization of a symptom and definition of conceptual provisions of its formation are solved . Basic rules of interpretation of a symptom and interpretation of the concept are described in terms of several approaches. The conceptual provisions of symptom formation that allow to include it in psycho-corrective methods are considered in detail.

The methods of the existential-systemic technological approach for providing psychological assistance to the client are analyzed and empirically tested, providing dynamic changes in the content of the "picture of the world" of clients in the cognitive and ontological plans. According to the empirical study, psychosomatic, emotional and behavioral symptoms were presented. It has been shown that symptoms with different specificities have unchanging constituents and functions. It also has been shown that applying an existential approach helps the symptomatic client to produce a new, better reality that will take into account the actual needs and aspirations of the subject. Thus, the main task, which is directed and work with the symptom – is the person's approach to himself/herself, greater sensitivity to his own real existential aspirations.

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 publication aims to draw the attention of Ukrainian scholars and researchers of Ukrainian cultural heritage to study the work of a unique domestic artist of monumental and decorative art, whose name is included in the list of prominent figures of world heritage of the twentieth century - Alexander Saenko. O. Saenko's artistic heritage includes more than 500 works of painting, graphics and monumental and decorative art: decorative panels, carpets, tapestries, etc. But O. Saenko possessed the technique of straw inlay most perfectly. He subtly felt the diversity of sacred energies that give "joy to people." It was in the colors of straw that O. Saenko saw such energy.
O. Saenko's paintings are not only artistically perfect, but also the vast majority of them are filled with nationalpatriotic content. Among them, one of the most famous is the decorative painting "Kozak Mamai" (1928, 1936). The analysis of O. Saenko's paintings shows that they are deeply folk, and therefore perceived as modern in their content and style.

The analysis of the article focuses on the consideration of the essentiality of human nature. We are talking about the foundations of individual development that directly affect the formation of human existence and society. As the above aspects are considered the spiritual nature of the individual and the ethical universals that affect it - spiritual knowledge. It is with the soul that man as a microcosm concentrates in himself all the elements and manifests all the properties of the "great world". And it is the internalization of spiritual knowledge in the human experience that forms virtues - activities that create good in the world. In particular, it is emphasized that the harmony of soul and body, the orderliness of their relationship, is formed directly under the influence of "whole knowledge". This is what reproduces the monolithicity, the integrity of the human personality, ensures its mental and physical health. Conversely, the violation of this balance leads directly to the loss of the vital connection between the spiritual and physiological principles of human nature, causes the destruction, splitting of the individual, his spiritual and physical degradation.
In this regard, it was found that the possibility of harmonious human development is healing, that is "reproduction of the monolithic nature of the spiritual and physiological nature." It is achieved only when the individual conforms to the conditions of the integrity of the higher, transcendent order - the spiritual laws. The latter provide the principles and potential for the development of human coexistence. Thus, the study of the meaning and influence of spiritual knowledge on human life, makes it possible to note that no materialist knowledge aimed at the development of technological and economic progress is able to solve its existential problems. Only the knowledge that satisfies the essential needs of the individual, the aspirations of the soul, which carry values, and the understanding of the very essence of human life are able to restore that natural (in the sense given) state of harmony, health of soul and body.

The historical role of elite (elites) in formation of the public ecological consciousness and in solving of environmental problems from the beginning of industrial revolution of 16-17 centuries in England which resulted in drastic impacts on the environment until our days are considered in the article. It was discovered the evolution of the environmental concerns from the worry of the elites about nature to the modern global mass movement. The first concern of elites over the human impacts on nature and over the loss of harmony between man and nature is related to the time of Romanticism. It was articulated in the most expressive form in the English Romanticism (Percy Bashi Shelley, William Blake, George Byron, Samuel Taylor Coleridge, William Wordsworth, John Clare) and in the German Romanticism (Friedrich Wilhelm Schelling, Novalis). The concern of the public elites (writers, scientists-naturalists, public figures, artists) of the end of the 19th and early 20th centuries over the state of the environment, natural resources depletion, species extinction and over the decline of the natural and cultural heritage in total due to rapid industrialization and urbanization created the preconditions for the modern ecologim. During that period nature is still considered as a source of harmony and stability which is able to resist to destructive power of industrial civilization, which rapidly transforms the environment. Particular features of development of the European movement for nature protection were shaped by the national, cultural, economic and political peculiarities of the countries of the Western Europe, as well as by dominating social moral and aesthetic values of particular country. The joint result of the activities of the broad spectrum of environmental organizations and groups was the adoption of legislative acts aimed at natural-cultural heritage protection of the end of the 19th and early 20th centuries in a number of European countries. This created favorable conditions for networking the European environmental movement and for internationalization of its activities and for forming the first phase of the environmental mobilization of the society, initiated by the public elites of the end of the 19th and early 20th centuries. After the Second World War the broad strata of population in the Western Europe and the North America were involved in the environmental movement. At the same time this movement was split in two principal branches, namely: the nature conservation movement and the movement which considers the quality and safety of human environment as a part of human rights in a democratic society. From 1960s there are two relatively autonomous main branches of the public movement, which, however, closely interact with each other. The formation of the second phase of environmentalism is related to the penetration of the ideas of environmental protection in all spheres of social and political life during 1960s-1970s («Silent Spring», the Club of Rome) and celebration of the Earths Day in April of the year 1970. Thus, the elitist movement for nature protection was transformed into the mass movement for human rights to live in the save environment. In spite of the environmental movement has gone the way from concerns of the elites over the growth of industrialization, urbanization and negative environmental impacts of economic growth and, consequently, overconsumption to the mass movement of thousands and millions of people, the elites still continue to play a significant role in it.

The article examines the content and nature of such established standard of fair justice as impartiality of the court. The latter is widely interpreted in case law of the European Court of Human Rights. Based on a systematic analysis of the array of ECHR judgments, a number of significant positions, characterizing the standard of impartiality of the court, have been identified. These include: 1) impartiality of the court is in dichotomous interrelation with the category of "partiality"; 2) the impartiality of the court is assessed by two criteria: (a) subjective, which is in a plane of the judge's personality and beliefs; (b) objective, which is in a plane of existing safeguards and mechanisms to be used by the court to avoid reasonable doubt about partiality and accusations of being partial; 3) determining influence of the external manifestation of impartiality of the court; 4) expedient reasonability of doubts about impartiality; 5) diversity and unlimited range of situations that may cast doubt on the impartiality of the court. Given that the ECHR assesses impartiality of a national court on the basis of subjective and objective criteria, it has been given special attention and the specifics of its application have been determined. In the process of analysis, it has been concluded that emergence of such criteria is due to the complex ethical and legal nature of the studied standard. It is substantiated that the standard of impartiality of the court has its roots in the moral basis of the judicial profession, which has evolved and transformed into a system of rules of professional conduct and legislation targeted at achieving the objectives of justice and realization of the right to a fair trial. The ethical nature of the impartiality of the court determines assessment of compliance with this standard on a subjective basis. At the same time, its legal nature, which covers the institutional and procedural components, promotes development of the relevant guarantees in the national law, existence of which is a criterion for assessing impartiality of the court by an objective criterion. In the context of the latter thesis, the special importance of the institution of recusal of a judge as a procedural guarantee of the impartiality of the court is emphasized. It is argued that in national civil, commercial and administrative proceedings, as well as the rules and procedures for disqualifying a judge need to be improved in the direction of implementing the postulate "no one can be a judge in his own case." Keywords: impartiality of the court, independence of the court, fair justice, right to a fair trial, criteria for assessing the impartiality of the court, standards of justice

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.

The article is devoted to the conflict in Donbass took place at the beginning of the NEP (New Economic Policy) period. This conflict is considered in terms of the general problem of interrelationships between Local and Central power bodies. The author shows, that this factor was the main driving force of the Donbass conflict. Human factor had only additional dramatic effect in this conflict. Even G. Pyatakov's expelling from Donbass has not discarded contradictions between the "Center" and "Local power" in reference to mines leasing. As observed from a variety of historical sources, it went on though less acute forms during the subsequent period of the New Economic Policy (NEP). The similar situation was marked in the other branches of industry and in the other regions (provinces and counties) of the Ukrainian Socialist Soviet Republic (USSR). In spite of the very many-sided nature of the conflict, its inter-personal as well as subjective motivations, economic conflicts between ventral and local authorities became a
very important component of it. The struggle of Local Power (Republican Departments) and Central one for the control over small commercial companies had been continuing during the whole NEP (New Economic Policy) period and had objectively progressive nature. However, the forces in this fight were too unequal. The problem, which hasn't been solved correctly at the beginning of 1920s, resulted in an excessive centralization in the management of the Ukrainian industry as well as the rights restriction of the State power Local Bodies and the opportunities of Local Budgets. The autor concluads, that in spite of of transformations of political system, the problem of economical and finantional independace of the local authorities stays actual in more that hundred years after the described events.

The paper addresses the social, economic, environmental and legal bases of the modern Environmental state formation and prospects of this state's construction in Ukraine on the grounds of realization of the state policy. Peculiarities of realization of separate principles of the state policy, capable of promoting the formation of the environmental state, are considered. Based on the analysis of the formation of such states in some countries, the paper studies the ways to improve the legal framework for the formation of an environmentally friendly society, environmental partnership, as the main way to build an environmental state, and to ensure parity of environmental, economic and social needs in the context of sustaina-ble development. Particular attention is paid to the formation of the ecological paradigm as the basis for environmental legal consciousness of the whole society. This will allow the revision of values in relation to nature and recognize nature at the level of the Constitution of Ukraine as the basic social value. Attention is also paid to the structure, forms, methods, and content of environmental partnership, which can influence various factors in the formation of environmental state. It is proved that the main form of environmental partnership in modern conditions is a public-private partnership and that the latter is able to ensure the implementation of the effective environmental projects in the areas of natural resources restoration, waste management, eco-tourism etc. According to the structure, the environmental partnership is proposed to be considered as a set of institutional, regulatory, functional and communicative subsystems, possible content of which is also revealed. On the basis of the conducted research, the independent scientific conclusions and judgments on the analysed subjects are suggested and the ways of perfection of the current legislation of Ukraine on the outlined questions are offered. Keywords: ecological democracy, environmental paradigm, environmental legal awareness, environmental policy, the principle of environmental partnership, environmental legislation.

The paper explores the issues on the enforcement of judgments and its effectiveness, as well as the access to justice in civil cases. Based on the materials analyzed, the nature of the execution of civil decisions and enforcement proceedings in general is clarified. The abuse of law in the execution of court decisions is investigated. Based on the above analysis, the following types are distinguished: abuse by the claimant of the right to choose the place of enforcement proceedings commencing, the registration by the debtor at his place of residence (which is the sole property of the debtor that can be recovered) of a minor child, the cancellation of the results of electronic bidding through formal technical mistakes of the electronic auction organizer, abuse of the debtor's right to privacy, the initiation of parallel litigation by the debtor on the results of electronic bid- ding while the new owner sues the court to remove obstacles to the use of the premises and evictions, contemptuous attitude of enforcement pro- ceedings participants to the executor while the complaint against the executor's actions is under the court's consideration. The availability of justice in civil cases and the effectiveness of the mechanism for the protection of rights, freedoms and interests are directly linked to the observance of the requirement for irrevocable implementation of court decisions at the level of national law and the existence of effective enforcement mechanisms. The question of the nature of enforcement proceedings and their place in the legal system remains debatable in the civil procedural literature. As a rule, consideration of abuse of procedural rights is conducted in two directions, which do not exclude each other – from the point of view of the evaluation of abuse as a negative procedural phenomenon oranalysis of certain forms of abuse of procedural rights. There are also studies that deny the legitimacy of the design abuse of procedural rights.

The article deals with the heuristic potential of the sociological theory by Giovanni Arrighi in the study of the dynamic aspect of the formation and maintenance of global inequality systems. To achieve the goal – to analyze the applicability of the dynamic aspect of the theory to study the mentioned topic – the changes of systemic cycles of accumulation and hegemony is analyzed. Special attention is paid to transitional points in which a hegemony crisis occurs and one cycle is being replaced by another, after which one can observe the hegemony transit. The cases (Genoa, Amsterdam, United Kingdom, USA) that Giovanni Arrighi selects to illustrate the cyclical nature of the historical development of world capitalism and the financialization character of these processes are being considered. The article studies the method of how G. Arrighi applies the Marxian formula of capital accumulation (M-C-M') to the description of the mechanism for changing accumulation cycles; its potential for studying this process is analyzed. The distinctive features of the development process of accumulation cycles are studied: movement towards the formation of a stronger cosmopolitan empire, historical and geographical conditionality, double movement forward and backward. In the final part, possible vectors of the future development of the world order and the formation of new global inequality systems according to G. Arrighi's vision are examined. Particular attention is paid to the role of transnational corporations in the expansion of world capitalism. The result of the work is a critical analysis of G. Arrighi's theory, which determines the strengths and weaknesses in the study of a chosen subject, and also identifies potential areas for further research. An attempt is made to apply the dynamic aspect of the concept to explain the nature and functions of global systems of inequality.

The transformation of spiritual and educational practices in contemporary culture is analyzed. Spirituality is considered as the basis of modern Ukrainian identity. It is proved that Ukrainian post-colonial discourse is not possible without the interaction of the modern and postmodern identity type. This is a critique of the modern and postmodern way of seeing the problem. Cultural and social consequences of the first stage of the information society, the first stage of globalization are: internal fragmentation of the workforce of information producers and the rest; social exclusion of many individuals and entire segments of society. A new stage in the development of identities should consolidate society. It turns out that the dialogic nature of communication forms identity as knowledge of the nature of its own Self, ready to respond to the challenges of the Other, thus not only my identity is formed, but my place in the world, my spirituality, the limits of my values. The modern type of identity is associated with a nation-state, which tries to maximize its influence, the modern type of identity produces a colonial world, where there is a clear division into metropolis and colony, a special type of colonies are internal colonies. In the case of Ukraine, we can see the complex combination of external and internal colonialism, and the particular danger of internal colonialism lies in the fact that it remains unclear to the end who conqueror, but who is subdued. The postmodern identity type in the Slobozhanschyna culture is connected with the rethinking of modernity, it is not so critical, but unifying. Human beings in a globalized world must rely on the renewal of humanistic ideals, a sense of home and security. A new ethics is proposed based on the principles of freedom, democracy and respect for every individuality that extends a new understanding of spirituality in connection with national culture and national outlook.

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 is dedicated to studying of the social nature peculiarities of the new social entity that emerged due to the implementation of the decentralization reform in Ukraine – the united territorial communities (UTC). On the level of sociological theorizing, the authors substantiate the relevance of the «sociological positioning» of the united territorial communities as a new social institution, a new social entity and a new sociocultural form. Based on the results of sociological research with the qualitative methods, the authors distinguish three dimensions / levels of social subjectiveness of the leaders of the united territorial communities as the main representatives of community management – institutional, civic and problem-oriented. Having value and activity-based nature, each of the dimensions of social subjectiveness identified by the researchers finds its manifestation at the dispositional and actualized levels. Particular attention is paid to the analysis of factors that, due to researchers' beliefs, have influenced on the formation of certain dimensions / levels of subjectiveness of UTC leaders – a voluntary (not administrative) way of community association, new financial opportunities and a direct state-community interaction model. It is emphasized that the united territorial community is simultaneously directly embedded in the system of direct social interactions at different levels of social – from interaction with the state (Ministries) at the macro level, construction of practices at the level of interaction with different social groups (businessmen, farmers, state employees, etc.) at the mesolevel before reaching the micro-level of individual interaction within the community itself. Analyzing the results of this study, the researchers conclude that the decentralization reform has contributed to the internal consolidation of local communities at the level of united territorial communities, the intensification of social interaction between different subjects of the UTC, the formation of new sociocultural forms. The analysis of the dimensions / levels of social subjectiveness of the UTC leaders makes it possible to conclude the positioning of the united territorial communities as effective subjects implementation of other reforms in Ukraine at the regional level.

Ukrainian hierarchs of the early modern age left behind a rich creative heritage, which comprised various works by volume, genre and theme. Their analysis demonstrates the multifaceted interests of their authors, which turned out to be diverse in scope, genre and subject works. First of all, they were liturgical and polemical works, which put the actual issues of theological, dogmatic and ritual nature, that arose in the process of inter-confessional polemics. Important hagiographic works, that raised the authority of Ukrainian Orthodoxy, belonged to Ukrainian ecclesiastical writers-bishops. In addition, their works included works of a secular nature - historical, poetic, dramatic, autobiographical works, study guides, works on moral and ethical subjects. This testifies that their creators in their educational and ideological settings went far beyond their spiritual state. The purpose of this article is an attempt to analyze the creative heritage of the Ukrainian bishops of the early modern age, in particular the works, which served as the consolidating factor of Ukrainian Orthodoxy - liturgical and hagiographic works. It is concluded, that theological and hagiographic works of church hierarchs were an important consolidating factor of Ukrainian Orthodoxy. They performed an important mission of purposeful popularization of the Ukrainian, mainly Kyiv, shrines and elevating the authority of Ukrainian Orthodoxy. The fundamental liturgical works, that were necessary to overcome the crisis of Ukrainian Orthodoxy, were created from the initiative and personal participation of Peter Mohyla in the circle of the leaders of the Pechersk cultural and educational circle, he headed out. The release of the four-volume hagiographic encyclopedia of Demetrius Tuptala ("The Life of the Saints") became the highest outgrowth of hagiographic writing in Ukraine and made, as so as the Patericon of Sylvester of Kosovo, a great influence on the development of literary monuments of that time. The popularity of the liturgical and hagiographic works of the main theorists of the Ukrainian Orthodoxy has been witnessed by their widespread dissemination and use among various Christian denominations.