Suchergebnisse

The purpose of this article is to examine potential trends in the development of the political system of Ukraine after the end of the Russia-Ukraine war. Social changes always take place taking into account both subjective and objective circumstances. Currently the Ukrainian state relies on three pillars for further transformation of political institutions: 1) the Ukrainian value-mental tradition, 2) our own experience of democratic development in recent decades, 3) the political will to embrace European values. The latter means that Ukraine voluntarily undertook the obligation to meet the Copenhagen criteria, including to demonstrate the stability of institutions guaranteeing democracy, rule of law, human rights and protection of minorities. In the political circles of Ukraine, there is a "plan to restart the state", which boils down to structural changes in the system of public administration. Ukraine needs qualitative changes in the system of political relations, it is necessary to eliminate the contradiction between the form and content of political institutions. Archaic practices, nepotism, eastern methods of holding power by suppressing the opposition, corruption in the state apparatus and purely criminal practices are hidden behind the modern facade. War not only destroys, but also gives impulses for development through the mobilization of the nation's forces. We have a chance to restart political institutions and consolidate new structures born of war. We must pay attention to the institution of national resistance, which, through the movement of territorial defense and the volunteer movement, led to a situation of social filtering. As a result, strata of people crystallized, for whom the public good is higher than selfish interests. It is important not to lose the energy of the masses after the war and to use the patriotic movement to build political institutions.

In the article it is done historiographical and sources study analysis of the material concerning to the activity of the Ukrainian Greek Orthodox Church of Canada (hereinafter referred to as UGOCC). The reasons influenced on its creation are shown. The main of them was the desire of the public activists to give possibility to the immigrants to attend their native church with Ukrainian divine service, deprived the influence of Rome and Moscow. The conditions in which Ukrainians consolidated on the basis of Orthodox religion were analyzed. Orthodox were mainly those who moved from Bukovina and Galicians, that past from Greek Catholic faith to Orthodox. The history of origin and further activity of UGOCC in the interwar period, according to valid norms of the Canadian legislation, is described in the research. The most important problems of the building of UGOCC, such as the lack of priests, searching for a bishop by Ukrainian origin, and the struggle for the recognition of the canonization by the Constantinople Patriarchate are defined. Specific peculiarities of functioning the UGOC on Canadian territory, its ties with the same church in Ukraine are characterized. So, UGOC of Canada gave great significance to the spiritual union with the Ukrainian Autocephalous Orthodox Church (hereinafter referred to as UAOC), on it repeatedly stressed in its councils. UGOCC recognized itself as a part of the UAOC, headed by the Metropolitan Vasyl Lypkivsky. Particular attention is paid to internal conflicts in the interior of the Orthodox church. During the interwar period the discussion question of the canonicity of UGOC of Canada is remained, which Ivan Teodorovych and most of the members of the church`s council aspired to, but a part of the public activists led by V. Svystun was against the connection with the Constantinople Patriarchate and resanctifying the Archbishop, because it would mean «treason» of UAOC in Ukraine and the Kyivan canons of 1921.
Therefore, the article analyzes the main problems of the building of the Ukrainian Orthodox church in Canada in the interwar period as well as the ways to solve them.

Today, in many countries around the world, the role of religion in the public sphere is strengthening. This causes the methodological problems of the theory of secularization, which claimed the gradual and irreversible decline of religion. At the same time, the processes of religious revival in societies that have undergone secularization do not lead to the restoration of religion in the forms that preceded it. To denote this state of society, which occurs after secularization, Jürgen Habermas proposed to use the term "post-secular". A number of both foreign and domestic scientists became interested in this issue. But the purposeful study of postsecularity is still in its infancy and is mostly descriptive. In the scientific works devoted to its research, insufficient attention is focused on specific characteristics of postsecular societies. Therefore, there is a need to generalize these characteristics in order to better understand post-secular society. To achieve this goal, the article analyzes some conceptual approaches to the study of postsecularity. These approaches argue that the "return" of religion does not preclude the preservation of a powerful (or even dominant) secularization cluster in society. Post-secularization is a move forward and the creation of a new system characterized by religious freedom, pluralism, competition between different denominations, rather than a return to the traditions of the pre-modern era. In a post-secular society, as the authors of the works analyzed in the article prove, religion has all the opportunities from secular power for its development. At the same time, there is a reduction in the role of religious institutions and the individualization of religious practices, ie the "privatization" of religion, which is an element of secularization. But this "privatization" is significantly different from secularization, because it is not due to coercion, but to pluralism of choice. According to many researchers, a post-secular situation is possible under the condition of ideological pluralism and parity between religious and non-religious people, when each party has the opportunity to propagate its opinion, but does not impose it, when there is no place for privileged and discriminated, but awareness of mutual coexistence. That is, post-secularity is possible only in democratic and legal societies. The post-secular situation is also characterized by religious competition, intensification of missionary work, manifestations of fundamentalism, globalization of religious piety, transformation of religion into a commodity and the emergence (mostly in the West) of the phenomenon used to refer to the term "spirituality". The situation of post-secularism is a situation of uncertainty, when it is not known how the processes of interaction between the secular and the religious will take place in the future, and it is impossible to make any predictions about how stable this situation is. As the analysis carried out in the article shows, the post-secular approach has not become a full-fledged theory, but is perceived mostly as a program of what should be paid attention to, as a certain correction and continuation of the secularization approach. But with its help, scientists are trying to describe religious processes in modern societies.

For realization of integration to the EU, the growth of innovation activity is an important key to economic development of the country. However, the absence of efficient incentives for innovation and state support of high-technology companies indicates that the appropriate conditions and the environment for innovative entrepreneurship in Ukraine were not created. The aim of the research is to highlight unsolved problems of innovative development, to identify the factors that slow down the activation of innovation activity of industrial enterprises, in particular in the field of machine-building, and to form the ways to overcome them. To achieve the goal, we applied general scientific and comparative analytical methods. It was found that financing innovation programs requires significant funds. Unfortunately, the government allocates only 1-2% of the total required funds, and as the consequence of it, the main source of financing of innovation activity is still the enterprises' own money, the share of which in 2013 increased significantly and amounted to 72.9% of the total amount of expenditures. We found that the stimulation of innovative development would promote the adoption of positive experience from the industrially developed countries. It was stressed that among the key instruments for the promotion of applied scientific research and designs related to the implementation of advanced technology in the developed countries, a leading place is occupied by the availability of preferential taxation. By the research into theoretical positions and conducted statistical analysis of innovation activity of enterprises, we identified conditions required for the implementation of innovative products at the industrial enterprises of Ukraine: enhancing the participation of national and regional bodies in the coordination and control of the work of industrial enterprises with the increase in the volume of financing for innovation programs; increase of the share of new kinds of machines, equipment, devices in the implementation of innovative products by industrial enterprises; activation of the introduction of new forms of marketing strategy relative to the entering external markets with their own kinds of innovative products. The scientific novelty of the obtained results is based on the proposal for a new approach of using available resources of activation of innovation activity of industrial enterprises, in particular DP "VO" Pivdenny Machine-Building Plant named after O.M. Makarov; on improvement in current legislation by taking into account positive foreign experience of tax stimulation of innovation activity. In the further studies of the problems of innovation development of industrial enterprises of Ukraine, the development of measures will be considered to improve control at the state and regional level to overcome the obstacles to intensify innovation activity.

his article aims to study the legal essence of the executive fee and the private executer basic remuneration in enforcement proceedings. The article also clarifies the issues that arise in connection with the extension onto the private executer basic remuneration of legal rules related to executive fee, as well as outlines the shortcomings of relevant legislation rules and proposals aimed at improving their legal regulation. It is exposed that, in contrast to the shortcomings executive fee, the basic fee collection in fact remains unsufficiently regulated by law, as it is subject to the same approaches as the executive fee that does not always seem correct. At the doctrinal level, the executive fee and the basic remuneration are not separated in their essential content and are considered either as payment by the debtor for the enforcement actions that executer performs, either as a penalty for the failure to follow benevolently the enforcement document requirements. Such a dual legal nature of the executive fee and the basic remuneration as laid down by the legislator conceptually causes several problems in practice, some of which are discussed in the article. The conditions of executive fee (basic remuneration) collection as established in court practice and taken into account while elaborating this study conclusions, are also analyzed. The article states that the approach to the identification of the executive fee and the basic remuneration as analogues is incorrect, because under the existing legal field it is impossible to establish equal positioning for public and private executers. The legal essence of a private executer's basic remuneration requires in some cases the existence of a slightly different legal regulation than this applied to the executive fee. Here the basis shall refer to the fact that a private executer performs required executive actions, which should be followed by that executer remuneration. Based on this study results, possible options for resolving the issues on collecting the private executer basic remuneration are proposed.

The article is devoted to studying the tendency to develop foreign economic business structures in Ukraine. The relevance of the research is because foreign economic activity is the essential component of a large number of domestic business structures. Moreover, developing foreign economic activity gives the company new opportunities, such as using the benefits of international cooperation of production and freedom of decision-making to carry out its production tasks. Therefore, scientists have paid attention to the foreign economic activity of business structures in Ukraine, ensuring and improving the efficiency of foreign economic activity at enterprises. Still, constant changes in the environment necessitate further research in this area. The purpose of the article is to analyze the problems and find directions for developing foreign economic activity of business structures in Ukraine. First, the article analyzes the dynamics of export and import of goods and services. The commodity and geographical structure of exports and imports of goods and services are determined. Second, the main tendencies and characteristic features of foreign economic activity of business structures are studied. Despite a significant increase in the value of exports of goods and services to countries worldwide, Ukraine remains an import-dependent country. The main problems of foreign economic activity of some enterprises and Ukraine, in general, are considered. The directions of the development of the foreign economic activity of business structures in Ukraine are offered. The article identifies other ways to develop the foreign economic activity of business structures in Ukraine. The conducted research allowed us to find out that stable development of the economy is possible only on condition of preserving its openness and fast development of foreign trade. The fundamental problems of ensuring the balance of Ukraine's foreign economic activity are primarily related to the diversification of geopolitical and regional priorities, the optimization of the commodity structure of exports and imports, strengthening Ukraine's position on the world market of services through such segments as international tourism, insurance, leasing and engineering operations, exchange in the field of information.

The article examines the theoretical and legal, legislative and other approaches to understanding the essence and content of the principle of formation of ecological culture in environmental law and legislation of Ukraine. At present, the principle of formation of ecological culture is only partially reflected in the norms of the Constitution of Ukraine and current legislation, in particular the Law of Ukraine "On Environmental Protection". The implementation of this principle in legislative, practical and law enforcement activities will help increase the level of environmental and legal awareness and culture, ecologization of national law and legislation. The level of ecological and ecological-legal culture in society determines the effectiveness of operation of ecological management and control system, the guarantee of the ecological safety of economic and other activities, the achievement of ecological law and order, the restoration of ecological balance, the development of science and ecological knowledge. The strengthening of the principle of ecological culture formation will be promoted by performance of the strategic tasks put in provisions of sources of the state ecological policy, primarily, the Basic principles (strategy) of the state ecological policy for the period till 2030. Proposals have been made to improve the current legislation in order to take into account the principle of forming an environmental culture, guaranteeing the sustainable development of our country from the standpoint of current challenges and processes of globalization. The opinion on the expediency of constitutional contemplation of the principle of formation of ecological culture as a basis for building a democratic, social, legal and ecological state had been expressed. This principle is offered to supplement the main sources of natural resources, environmental law and environmental safety law. The introduction of the principle of formation of ecological culture in the national legislation should assume a nature of a systemic character, which will help to provide the coherence of environmental law and other branches in the regulation of environmental relations. This will increase the level of ecological and legal culture of society and citizens and strengthen the course of our state towards international and European integration. Keywords: ecological culture, ecological-legal culture, ecological law, ecological legislation, environment, principles of ecological law, principles of law, state ecological policy

The article is devoted to understanding the specifics of the social mission and the state of legal consolidation of the administrative legal personality of councilors in public authorities and local governments. It is emphasized that the problem of selection of candidates for the positions of advisers to the heads of public authorities is the subject of lively discussion, as a rather controversial collective image of the adviser has formed in the public consciousness. This is due to his belonging to officials who hold a particularly responsible position and perform official duties in the presence of a high level of corruption risks. It is established that the commitment of candidates for advisers is carried out in the context of providing scientific support for the formation and implementation of public policy, implementation of best management practices, finding optimal management and legal algorithms for resolving conflicts, improving the quality of management decisions. The urgent need to improve the domestic service legislation by adopting a special law on patronage service in order to unify the legal framework for the organization and operation of patronage services. First of all, it is necessary to normatively enshrine the right of specific public authorities to establish a patronage service, to provide an exhaustive list of patronage service positions for each of these bodies, to provide the right of equal access to patronage service, to introduce a single mechanism for selection and appointment of patronage service employees. professional achievements and personal business qualities, to differentiate their powers depending on the specifics of public authority of individual officials, which create patronage services. There is also a need to specify the functions, main tasks and powers of advisers to heads of public authorities, articulation of basic qualification requirements for candidates for advisers, clear definition of legal bases of interaction of advisers with career civil servants and communication with civil society institutions, articulation of moral and ethical imperatives. official activity of advisers. Keywords: public service, patronage service, adviser in state authorities and local self-government bodies, staff adviser, advisor on a voluntary basis.

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 problem of emigration to Ukraine of a significant number of Belarusian citizens due to the events of the Belarusian anti-Lukashenko revolution of dignity and freedom, which began in this country in August 2020 after the presidential election, is discussed in the article. It is noted that at the beginning of 2021 the number of those who fled to Ukraine, hiding from repression and persecution by the Belarusian authorities, was already more than 75 thousand people. In the future, the number of Belarusian refugees is projected to increase to 100-120 thousand people by 2021. It is unknown yet which of these people will join the Belarusian Diaspora in Ukraine, which before these events was the second largest Diaspora in Ukraine. And who considers Ukraine only as a territory of transit further to the East, or the West, for example, to Poland.
In connection with these events, the Ukrainian state and society faced a series of challenges, problems and threats, to which it will be necessary to find adequate answers. In particular, the authors of the article consider unjustified some warnings expressed by patriotic Ukrainian citizens about the possible growth of pro-Russian sentiment in Ukraine due to the arrival and settlement of Belarusian refugees here. It seems logical that people with pro-Russian sentiments would rather immigrate to Russia than come to Ukraine.
It is expected that a significant problem for the newly arrived Belarusians may be the understanding and establishment of dialogue and contacts with the "old" Belarusian Diaspora in Ukraine because of its commitment to Lukashenko and sympathy for Russia. It is concluded that Belarusian citizens, active participants in the Belarusian revolution, can become a useful enzyme for accelerating the reform processes in Ukraine and will contribute to further democratic and pro-European movement in this area.

The study focuses on both theoretical and applied aspects of evidentiary law. The subject of this study is the legal institution of admissibility of evidence in criminal proceedings, as well as the legal mechanism for declaring evidence inadmissible. The author relies on the constitutional postulate (Part 3 of Article 62 of the Constitution of Ukraine) according to which the accusation cannot be based on evidence obtained illegally, as well as on assumptions. Based on this constitutional imperative, it is stated that the prosecution has no right to form charges and go to court if the accusation is based on illegal evidence or subjective assumptions, and emphasizes that the subject who forms the prosecution must operate on legal evidence. Thus, a legal contradiction is revealed between the provisions of the Constitution of Ukraine and Part 2 of Article 23 of the CPC of Ukraine regarding the legal nature of evidence in the pre-trial investigation. Given that according to the domestic legal structure, factual data must be recognized as evidence at the stage of pre-trial investigation, there is a legal need to guarantee the right of a person to a fair trial, the introduction of a clear mechanism for verifying factual data for admissibility at the stage of pre-trial investigation. The author argues that such a mechanism should provide effective tools for self-control and neutralization of illegal sources of factual data by both the prosecuting authorities and the court, during the implementation of judicial control over pre-trial investigation in making key decisions to restrict guaranteed rights and freedoms. Keywords: evidence, accusation, suspicion, admissibility of evidence, exclusion from evidence.

In the period of crisis situation in the economy and socio-economic instability in Ukraine, the problem of the budget deficit is very acute. In recent years the state budget of Ukraine has faced such a big problem as the deficit, due to the excess of spending over income of the state budget. The purpose of writing this article is to research into existing problems of the deficit of the state budget of Ukraine, substantiate causal relationships in the system of insufficient funding of state activities and development of ways of its optimization. During the study we analyzed scientific papers by Ukrainian scientists and experts who explore the problem of the deficit of the state budget, legislative and government materials. We used the following general scientific methods: method of cognition, method of analysis, method of analysis and synthesis, as well as the method of comparison. The essence of the deficit of the budget system and the reasons of its occurrence in Ukraine was considered. Underlying causes of budget deficit in Ukraine are slump in production, decrease in the efficiency of functioning of industries and businesses, unreasoned socio–economic policies, which led to a decline in the volume of gross domestic product and national income. This naturally caused a decrease in the volume of financial resources in the state and reflected in the indicators of the budget in the form of long–term deficit. We defined the dependence of the budget deficit on the government debt. It is established that there is a close relationship between the size of the budget deficit and state debt. Budget deficit increases national debt, and rising debt, in turn, requires additional expenditures for its service and thereby increases the budget deficit. The links of budget deficit to the country's economy were identified. We discovered the consequences of raising interest rate, which, on the one hand, reduces investment attractiveness in the domestic market of the country, on the other hand increases the attractiveness of the foreign financial investments in the country. Significant currency flows lead to the growth of the debt and, as a result, the growth of the currency exchange rate, reduction in the net exports of goods and decreased indicators of investment activity. This reduction is the reason for reducing the level of labour productivity and real income in all of its forms that provokes a decrease in investor confidence, and hence, reduces foreign investment programs and increases the withdrawal of capital abroad. The ways of overcoming budget deficit were substantiated that are based on improving the taxation system, attracting personal savings of the population to the investment sphere, providing financial support to small and medium businesses, enhancing the responsibility of businesses, strengthening control over the payment of state money, reforming taxation system, improving normative and legal support of the budget process. The scientific novelty of the research lies in the establishment of causal relationships of budget deficits for the scientific substantiation of budget management in the period of the structural transformation of the economy. The practical result is to identify ways of reforming the budget system of Ukraine and its transition to the investment model. A promising direction for further research in this area is developing a model of the budget process on the basis of causal relationships, which is capable of detecting the risks of deficiency and minimizing their impact.

The article analyzes the problems of evaluation of evidence by the investigating judge in terms of their relevance, admissibility, reliability, and the totality of the evidence collected - in terms of sufficiency and interconnection when considering motions for the application of measures to ensure criminal proceedings. The leading scientific positions and practices of judges on this issue are analyzed. It is established that the problem of evidence assessment by the investigating judge when considering motions for the application of measures to ensure criminal proceedings requires both amendments to the existing norms of the Criminal Procedure Code of Ukraine and the adoption of new norms aimed at improving the regulation of certain aspects of the organizational component of the criminal process (determining the procedure for applying measures to ensure criminal proceedings). It is proposed that specific issues be resolved at the level of the Plenum of the Supreme Court by adopting clarifications of a recommendatory nature.