The modern integration and globalization processes were investigated, which are accompanied by aggravation and new contradictions in the energy sector. Outlines the main implications of the increasing number of threats , their dynamics , and the extent of the negative impact of complications on Energy management system of the country. We offered the new mechanisms of strategic management of energy security of Ukraine. The methods of improving the competitiveness and viability of the national economy through public - private partnerships
The aim of the research is the analysis of efficiency of the processes associated with the innovations in the sphere of activity of the prosecution service during the reform of the law enforcement system of the state, the study of important factors of reformatting and dynamics in further changes in the system. To achieve the goal, we used a set of methods: comparative, of structural analysis, synthesis, induction and deduction. The processes associated with the realignment of the law enforcement institutions of the state were analyzed with their legal status clarified. The directions for reformatting of the law enforcement institutions of the state were identified, the innovations in the management of the law enforcement activity during the reform of law enforcement areas were illustrated: formation of new principles of personnel policy of the department (independent and transparent competitive mechanism of appointments to vacant positions), arranging the system of motivation, increasing the level of independence in decision making, getting rid of not inherent functions and improving the disciplinary liability of employees. It was noted that the reforms in the field of management of the law enforcement service were carried out with regard to international experience and the European standards of law enforcement. The scientific novelty of the research lies in the review of innovations in the sphere of the law enforcement activity in the period of radical reform of the society: formation of new principles of personnel policy in the department, independent and transparent competitive mechanism of appointments to vacant positions, arrangement of system of motivation, improvement in monitoring systems, increase in the level of independence of employees in decision–making, freeing employees from the unofficial "pressure" by the leadership, organization of independent and democratic bodies of the law enforcement service - Council of prosecutors and qualification board, getting rid of not inherent functions (general supervision over the law) and increase in disciplinary responsibility. Practical significance of the obtained results allows taking the conclusions into account in further reformatting of the prosecution service to a new law enforcement structure that meets the requirements of a legal state. Further research in this direction will contribute to the search for innovative ways of solving the problems of the reform of law enforcement system of our state.
It has been shown that in recent years in Ukraine the pressure of religious organizations on the legislative and executive authorities has increased and information campaigns and projects of anti-gender and anti-Ukrainian trends have been implemented. The author analyzed how in the regions staying under Russian informational pressure the religious fundamentalism shows the potential of development develop into religious extremism. It has been demonstrated that in Ukraine the gender aspects of security are not well-developed and are heavily influenced by religion. It has been shown that the lack of high-quality gender analytics significantly complicates the forecasting of social processes. The article deals with the question how religious fundamentalism manipulates women's security issues in favor of religious interests. It is noted that the pressure of pro-religious anti-gender movements on the authorities in Ukraine can lead to negative consequences, and that the establishment of a state policy based on religious perceptions of the world can threaten the country's internal security. It was concluded that in times of conflict, religious extremism does not recognize the rule of human rights and proclaims the primacy of religious customs over women's human rights. It is proved that, considering direct conflict with Russia, the spread of religious fundamentalism in Ukraine and the spread of structural gender violence will be relevant and require the immediate development of gender and biopolitical aspects of security. It was concluded that for the progressive democratic development of Ukraine, as well as safe living conditions and the well-being of its citizens, the security services should turn to gender analytics. It has been proven that, in order to protect their interests, religious leaders can initiate a departure from state-guaranteed compliance with international agreements on gender equality in all spheres of life. In this regard, Ukraine's implementation of United Nations Security Council Resolution No. 1325 on Women, Peace, Security and the similar resolutions as well as Recommendations of the UN Committee on the Status of Women for Countries that have ratified the Convention on the Elimination of All Forms of Discrimination against Women, other UN instruments is important for Ukraine. Also important are the country's European commitments in the field of gender equality. In particular, the Council of Europe Convention on the Prevention and Combating of Violence against Women and Domestic Violence (Istanbul Convention) needs to be ratified.
The article examines some issues of legal support of political advertising during the process of election, but is not limited to it, as well as how they affect the outcome of elections. In this study comparative, observation, dynamical analogies, analysis methods are used. The author compares the current legislation of Ukraine and the legislation of a number of other European countries and identifies their common and distinctive features.
Special attention is given to the political advertising law of Poland, as its closest neighbour. Also, the legislation of France, Germany and Great Britain is examined. The article underlines their main differences. Partial and systematic violations of advertising legislation during the electoral process and during the period between the elections are also identified.
The article also shows that the issue in question is not fully studied by legal scientists. The research, in particular, emphasises on the lack of comprehensive definition of political advertising and its legal regulation during the period between the elections. The article draws attention to the incorrectness in law legal regulation of political advertising by the laws regulating commercial advertising. The legal acts, that influence the results of elections are specified, in particular, the author pays attention to the state budget funding for political parties. Reducing Government expenditure can preserve the principle of absolute equality among political actors, so they could participate constructively in the elections. The best thing to do considering the circumstances is to adopt a new law on political advertising or to to amend the existing Act, that regulates advertising in general. As a result, it is proved that political advertising is not limited to the electoral process and must be governed by legislation. The article also states that any law in this area also should comply with international law, especially with acts adopted by the European Union.
The issue of safety culture is one of the most important in a modern medical facility because any problems during the provision of services may lead to irreversible consequences. Not only the patient may suffer, but the doctor who assisted. Unfortunately, very little attention to this issue is paid in Ukraine. Based on this, we can say that the topic is relevant and requires studying. The purpose of writing this article is the analysis of the ways of forming professional safety culture in clinical medicine. The methods by which we carried out scientific research are observation, analysis, evaluation, comparison, generalization. The work examined interpretation of the term "safety culture", types of innovation in which it belongs and the main methods of its creation in the medical field. Safety culture in the medical field involves the right of all health care workers to use measures to prevent actions that can harm a patient or a colleague. Different approaches were considered in the interpretation of the term "safety culture" and we proposed our own: safety culture is a system of values, objectives, knowledge and skills, rules and procedures, convictions shared by representatives of a certain medical profession and supported by patients, creating a favourable working climate, atmosphere of trust and becoming an efficient tool for achieving the goals of the organization. The main components of the safety culture were defined: responsibilities of managers, communication, performance, resources of safety, trust, the degree of job satisfaction, etc. Based on several studies, it was found that no country has a perfect medical system. Every system should be improved. We proposed measures to fix the situation with the safety culture in health care facilities. The correct management of safety can eliminate or fix many medical errors. That is why the need for a clear program of implementation, execution and control of SC in the medical establishment is necessary. Scientific novelty of this work lies in the interpretation of the term "safety culture" at medical institutions and in determining major steps towards its creation. Practical value of the work is the opportunity to implement these steps in medical institutions for improvement of the safety culture and, therefore, to reduce the risk of bad accidents during treatment. Further research can address safety culture management in medical institutions on the examples from the experience of countries with effective systems of health care.
The article is dedicated to the issues of legal medical sphere regulation in Ukraine. The purpose of the article is to study current issues of improving the Ukrainian legislation in the field of health care, to identify existing problems and outline the ways to solve them.The study of legal phenomena and legal categories was carried out through using general and special legal methods of cognition, namely: classification method, modeling, specific-statistical, systematical-structural, comparative-legal, formal-legal, dialectical and other methods of scientific analysis according to the research subject. Conclusions. The article asserts that for the effective reform of the medical sector and for sufficient protection of legal entities' rights and freedoms in the health care field, a high-quality regulatory framework is needed. It has been proven that the improvement of the current healthcare legislation is complicated by the complex essence of legal relations in this area and the lack of a clear and systematic approach. It is substantiated the expediency of passing the special consolidated legislative act with a clear internal structure – the Medical Code of Ukraine. The author proposes to amend provisions regulating the protection of personal data, epidemiological surveillance and infection control. The adoption of the law on medical self-government and development of modern industry standards for medical care is substantiated. The problems of industry staffing, as well as the lack of strategic documents for the training for health workers and imperfect instructions for managers of several health care institutions are analyzed. The author also identifies the main problems of personnel policy in the healthcare. The author specifies the necessity to unite the efforts of scientists and practitioners in the medicine and jurisprudence for solving all the individual problems on improving the regulatory framework in the field of health care. Keywords: medical reform, healthcare, regulatory act, legislation, Medical code, medical self-government, medical standard, COVID-19, declaration.
Following the 2017 reform the civil litigation has been significantly changed. The action proceedings, inter alia, have been divided into general and simplified procedures. Therefore, the role of the court in determining the procedure for of the case consideration is decisive, since the law does not impose the obligation to apply to the court in a specific procedure but stipulates respective court power and criteria for its implementation.
Thus, the case may be heard in the general proceedings or in a simplified procedure, which provides for the possibility of a court hearing or without such a hearing, in accordance with the grounds and criteria laid down in Article 11, Parts 4 and 6 of the Article 274, Parts 1 and 2 of the Article 277, as well as Part 6 of Article 279 of the Civil Procedural Code of Ukraine, the common only approaches of which have not yet been achieved in practice. Therefore, the object of attention of the author is the problems of differentiation and determination by courts of specific grounds for consideration of civil cases according to the general or simplified procedure of action proceedings, as well as the appointment of a court session,
based on the analysis of first instances courts decisions, adopted during 2018-2019 and available for the research on the website of the Unified State Registry of Judgments.
As a result, the problematic issues that have arisen in the jurisprudence, in particular, regarding the decisive role of the court in choosing the civil case procedure have been identified and the relevant solutions have been proposed. The role of the court is to determine whether there are grounds for a simplified procedure, whether there are no grounds for a mandatory general procedure for this case consideration, as well as an assessment of the merits and motivation of the plaintiff's and defendant's motions for choosing the procedure for this case consideration, in particular, as it is defined in Article 11 of the Civil Procedural Code of Ukraine. Exercising the abovementioned powers, the court must first of all
proceed with the goals of civil justice and its general principles as well as Article 19 of the Civil Procedural Code of Ukraine.
The article deals with the coverage of one of the most conflicting contemporary social phenomena - separatism. Its emergence is compounded by the widespread of contradiction between two principles of modern international law - the selfdetermination of peoples and the territorial integrity of states. In seeking for resolving of this contradiction, the Parliamentary Assembly of the Council of Europe recommends protecting the possibility of exercising the right of ethnic minorities to their selfdetermination without providing an autonomous right to their separation. Thus, the recommendation of the Parliamentary Assembly not only provided ample opportunity for a deeper understanding of the principle of self-determination of nations, but also expanded the use of new varieties of separatism terms: secession; irredentism; enosis; devolution. To confirm this conclusion, we have analyzed the activities of a number of separatist parties and movements legally operating in Europe, in particular in the United Kingdom (Scottish National Party), Canada (Liberal Party of Quebec), Spain (Buck Nationalist Party, Catalonia Independence Movement), etc. Concerning Catalonia's independence, the article emphasized that today in Europe, as in the whole world, such a political and legal situation has emerged that it is impossible to recognize its independence. Accordingly, any protests by the Catalans will be considered as unconstitutional. Given the conflicting nature of separatism both in Catalonia and in other regions of European countries, it is possible that the Parliamentary Assembly of the Council of Europe may subsequently propose changes and additions to the interpretation of international legal principles in order to more effectively remove the contradiction between the right of nations and the right to self-expression territorial integrity of states.
Globalization has a dual effect on the world financial system, contributing to its development and simultaneous occurrence of potential threats to financial security of states. Despite their rapid escalation to the real ones, most countries in the world do not perceive these threats as serious. Enhancement of the latter necessitates studying the problems of providing for the budget safety under conditions of world globalization, redefining directions when forming effective budgetary system in terms of secure development, strengthening the fiscal security of state. It is necessary to explore in detail the drivers that influence the level of budget safety and its interrelations with other components of economic security. The aim of present work is to examine relationships of budget safety taking into account effect of the process of financial globalization and to assess its level by the principles of retrospective analysis. We proposed our own interpretation of the concept of budget safety as the level of capability of a budgetary system to ensure solvency and financial stability of the state, effective use of budget funds taking into account strategic development priorities of budgetary relations and potential capability to resist and predict the threats of internal and external origin. Results of analysis of economic security indicate the highest rate of decline in financial security in 2015 by 14.1 percentage points to the level of 36.7 % among all the components of economic security. It was established that this situation is due to a decrease in revenues from basic budget-forming taxes with strengthening fiscal pressure on the economy, a sharp devaluation of the national currency, a significant growth of the state and the state-guaranteed debt with increased risk of default, illiquidity and insolvency of financial institutions, shrinking resource base of banks, problems with their capitalization. This determined critical and close to critical state of almost all the components of financial security. We analyzed current status of indicators in budget security. The correlation links are assessed between the integral level of budget safety and other components of economic security. The factors and interrelations of impact on the level of budget safety were defined. Direct dependence and the largest impact on the poor level of fiscal security were caused by absolutely dangerous levels of currency and debt security. We substantiated the need to improve a methodological approach to determining the level of safety with regard to the globalization processes and drivers of exogenous and endogenous origin, which reflect the share of the shadow economy, debt and fiscal burden on the budget, inflation processes and other indicators, key to providing revenues to the budget. The scientific novelty of present research is in the following: based on the results of analytical assessment of interrelations in budget security, we defined methods, means and tools for state regulation over risks and threats, we performed a strategic monitoring, prediction and implementation of measures of preventive nature to ensure economic security. A practical significance of the results obtained is the verification of provisions to improve scientific and methodological principles for the assessment of level of budget security of the state taking into account the budget safety interrelations with other components of economic security. Results have practical value to the bodies of state administration when compiling strategic and program documents to ensure the economic security of the state.
The author of the article conducts a comparative analysis of the previous and existing criminal procedural legislation of Ukraine regarding the procedural institution of starting criminal proceedings. Certain gaps and inconsistencies in the current criminal procedural legislation of Ukraine on these issues which cause justifiable complaints from all participants in the criminal proceedings are identified. The author analyses genesis, individual scientific points of view and the state of discussion among scientists and practitioners in this direction, as a result of which it is established that the problematic issues raised in the article are not resolved theoretically and in an applied aspect, including the previous and in the current criminal procedural legislation of Ukraine. In the context of the issue under consideration, the legislation of foreign countries is examined including post-Soviet states, Anglo-American and Roman-German legal families. As a result, many Ukrainian scientists have concluded that the foreign experience cannot be applied in national legislation without taking into account the national peculiarities of the legal system of Ukraine, the historical traditions of state construction, the level of professionalism and legal awareness of those who apply legislation, the mentality of the population and
other factors. Moreover, the author pays paid attention to the study of discussion questions on the grounds and reasons for resolving the procedural problem of issuing a resolution when instituting criminal proceedings and when making statements and reports on committed criminal offenses in to the single register of pre-trial investigations, as well as refusing to register on these issues. The author makes some suggestions for improving the existing criminal procedural legislation and the regulatory framework in the context of the issues discussed.
Constitutionally guaranteed validity of international treaties, ratified by the Verkhovna Rada of Ukraine and the fact that they are appeared to be a part of national legislation determines the relevance of international legal approaches in the development of national environmental legislation. The article analyses the international environmental monitoring regulations in order to implement their provisions into Ukrainian environmental legislation. The authors propose the new ways of the environmental science development and amendments to the national legal regulations in the field of environmental monitoring.
The article investigates European approaches to legal regulation of relations on the implementation of environmental monitoring in order to adapt national environmental legislation to the legislation of the European Union and to eliminate deficiencies and gaps. The purpose of this article is to study the legal nature of environmental monitoring with the help of sources of international environmental law and environmental law of the European Union, cooperation of the countries of the world with the participation of Ukraine.
The objective of this article is making proposals regarding the consideration of European legal and international approaches to the regulation of relations on the implementation of environmental monitoring in the current legislation of Ukraine. In order to improve legal regulation of environmental monitoring in Ukraine, it is suggested to support the adoption of the Law of Ukraine on Environmental Monitoring; to eliminate the fragmentation in the creation of subordinate regulatory mechanism for of environmental monitoring; to continue the research in the field of international environmental law implementation, taking into account European approaches. The methodological basis of the study comprises general scientific and special cognitive methods: formal-logical and logical-semantic methods, a method of system analysis and a method of interpretation of legal norms are used. These methods application contributes d to substantiating proposals for improving the provisions of the current Ukrainian legislation in the field under study.
The article presents the results of a study of scientific, educational and ascetic activities of one of the brightest representatives of the modern Ukrainian diaspora in Russia - Tetiana Lebedynska, a daughter of Ukrainian writer Mykola Shpak. T.M. Lebedynska is PhD in Philosophy, translator, writer, member of the Ukrainian Union of Writers, author of exhibitions dedicated to Ukrainian St. Petersburg, holder of the Order of Princess Olga III degree. The multifaceted scientific and educational activity of Tetiana Mykolajivna is considered. It is emphasized that she initiated and organized the International Scientific Seminar «St. Petersburg – Ukraine», which resulted in the publication of twenty collections of articles from 2000 to 2020. T.M. Lebedynska is the author of more than 200 scientific works, including unique publications: «Shevchenko's places of St. Petersburg», «St. Petersburg and Ukraine», «M.P. Hrebinka - town-planning of St. Petersburg», «Ukrainian necropolis of St. Petersburg», «I. Mazepa - Commander of the Order of St. Andrew the First-Called», dictionary»Outstanding figures of science and culture of Russia who came from Ukraine», etc.. T.M. Lebedynska was published in Western Europe, the United States, and Arab countries. It is noted that the heroine of our intelligence pays most attention to the study of the life and work of the Great Kobzar, who had many life events in St. Petersburg: here he studied and worked, gained freedom and communicated with many prominent cultural figures, wrote poems and paintings and became an academician of arts. It was Tetiana Mykolajivna who was one of the initiators of the installation in St. Petersburg of the monument to Taras Shevchenko by Canadian sculptor Leo Mol (Leonid Molodozhanin), she collected signatures against the relocation of the site from the city center near the university to the outskirts, also she initiated and participated in the installation of a memorial to Kobzar at the Smolensk cemetery. Among other things Tetiana Lebedynska"s ascetic activity is represented, by a study of the Ukrainian necropolis of St. Petersburg, as most graves and tombstones are in a state of destruction and may disappear for the future without restoration. And with them the memory of our compatriots who found eternal peace in the land of North Palmira will be destroyed. The article states that today, when Crimea is annexed and the Russian occupation of Donbass continues, it is very important to study the experience of our contemporaries - Ukrainians in Russia, who do not lose their identity in conditions of strong informational, ideological and linguistic pressure.
The concept of public information in the form of open data and its main features are studied. It is determined that due to the possible wide application of open data, the definition of the main grounds for the classification of open data is an insufficiently covered issue. The purpose of this study is to determine the types and criteria for the classification of public information in the form of open data. This is necessary for their widespread use in order to solve socially important tasks and to use their full potential in unusual directions. The author has analyzed international reports on open data and identified the problems of the quality of such data and the possibility of using them to solve socially important tasks. The classification of open data is formed on the following grounds: 1. by data type; 2. by data format; 3. by subject. The article determines the value of open data to society and the possibility of its wide use in the example of other countries. The problems that complicate the implementation of the government data discovery initiative in Ukraine include the underdeveloped culture of open government; insufficient level of training of public authorities to work with open data; insufficient funding for the public data discovery initiative; low level of public awareness and interest in public data and the benefits of using it. Unfortunately, most citizens are still satisfying their curiosity by using open data. The author notes that using data that describes the patterns we live in can help us solve problems in ways we may not have anticipated. As a rule, public sector systems do not respond too quickly on changes. With open data, they could track, predict and respond to real-time changes. This would allow the public sector to streamline its processes and services and it would be possible to clearly identify areas for improving and increasing productivity, to develop specialized solutions based on various demographic indicators and other factors. This would be a huge transformational leap in attracting open data to the public sector, as it opens up a number of areas for innovation. The author substantiates the importance of open data for public sector transformation, economic benefits and their use as an instrument for creating an information society.
The article is devoted to the research of the institute of responsibility of public servants in the system of service law of Ukraine. It is emphasized the importance of legal support for the functioning of the public service system, in particular the regulation of the mechanism of responsibility of public servants. It is noted that the institution of responsibility is a mandatory element of the system of every branch of law, including official, because it is this legal entity whose task is to ensure the proper implementation of the legal status of every public servant. Considering the responsibility of public servants from the standpoint of social and legal content, the author emphasizes that the views of scholars on this issue are very different, as they reflect the palette of the worldview of each individual researcher and characterize the various aspects of public relations. In a wide sense, responsibility is a legal relationship between public authorities in the person of its authorized bodies and subjects of law, for the accurate and conscientious implementation of the requirements contained in the relevant rules of law. Analyzing the scientific views of scholars on responsibility, it is emphasized that in general, the liability of public servants should be understood as a procedurally established application of coercive measures of coercive influence on a particular public person for committing an offense. It is stated that the content of the legal nature of the institute of disciplinary responsibility of public servants, in particular in the system of service law of Ukraine, which needs proper research, remains important and extremely necessary for law enforcement and human rights activities of authorized subjects. Based on the analysis of scientific achievements of local and foreign scholars on the legal system, it is emphasized that currently there are different approaches to understanding the systemic structure of legal branches, in particular some scholars remain on the views developed in our time, while others try to adapt European researchers-lawyers on the system of law on modern Ukrainian realities. As a result, the author emphasizes that we can now state that each branch of law, which we call general, special or special law, always contains a list of legal norms in the appropriate relationship and sequence and thus ensuring the ability of the subject of rule-making, law enforcement or human rights activities to achieve the desired result – to create or harmonize existing social relations, giving them the status of legal relations. Keywords: public service, service law, responsibility, legal system, general, special and special part, sanctions.
The article considers the peculiarities of the formation of regulatory policy in Ukraine in public administration reform. The influence of the experience of economically developed countries and international organizations on the implementation of effective regulatory policy in Ukraine is analyzed. The activities of the Organization for Economic Cooperation and Development, which aim to improve the efficiency of public administration in the field of regulatory policy and cooperation of Ukraine with the Organization within the Memorandum of Understanding on deepening cooperation, are studied. The directions for improving the legal regulation of regulatory policy in Ukraine are analyzed. It is substantiated that the national legal doctrine of Ukraine does not have relevant developments that could ensure the unity of approaches to the relationship of regulatory policy, planning, legal forecasting, the formation of legal regulation in the regulation field. This affects the quality of proposed bills in the areas where regulation is still quite difficult for the Ukrainian legal system due to the lack of experience, and extrapolation of European experience is not always productive in terms of underdeveloped infrastructure and other technical and social factors.
