Suchergebnisse

This paper studies the principles of good faith and the cooperation between judges and parties, which are considered as highly relevant in current civil procedural law. According to many scholars, a new approach to defining their roles allows to overcome the basic urgent problems of modern civil justice – duration, high costs and, to some extent, the complexity of the trial. At the same time, its implementation leads to a positive impact on ensuring the efficiency and access to justice, which are integral parts of the rule of law. The evolution of the idea of directing litigation to peaceful compromise of parties and settling their dispute, has become of tremendous importance since the middle of the last century and today is considered as one of the inherent features of modern litigation. The idea ofgood faith in participating in the process was much developed in the first codes of civil procedure in Europe, in particular, in Austrian Code of Civil Procedure of 1898 and in French Code of Civil Procedure of 1806. The national legal doctrine contains the reflection of F. Klein's research, in particular the loyal cooperation between a judge's and parties' ideas. Later the national legislation of most European states applied the abovementioned during the reforms. Within the ELI-Unidroit Project of European Rules of Civil Procedure the Working Group on Procedural Rights used the idea of court and parties cooperation as the main ground and proposed to joint responsibility introduce with the aim of fair and just trial and avoiding of the traditional problems of two procedure models (A. Uzelac). The provisions of civil procedural law of many states, in particular of Ukraine, have more fully realized the idea of inadmissibility of abusing the procedural rights, which are justly regarded as an element of the principle of cooperation of the court and the parties in civil proceedings.

This article focuses on the present state and prospects of research and technology development in Lithuania. The authors focus on the main competitive innovation spheres (information technologies, biotechnologies, special purpose laser technologies) and analyse the principal lines of innovation policy and strategy. The article presents the results of a SWOT analysis of Lithuanian innovation development and describes the possible fields and mechanisms of research and technology cooperation between Lithuania and Ukraine

In the article, the current state of cooperation between Canadian Ukrainians and Ukrainian doctors analyzes. The urgency of modern challenges for cooperation is determined, in particular: pandemic restrictions due to the rapid spread of Covid-19 virus and a sharp restriction of direct professional contacts; the politicization of professional international cooperation in the conditions of Russian aggression; bureaucracy on the part of the management of medical institutions of Ukraine, unfinished state regulation of charitable organizations and international cooperation; insufficient development of charity in Ukraine.
The activity of the main Cooperation programs between doctors Canadian Ukrainians and Ukrainian doctors is analyzed. The main focus of the article is on the analysis of the effectiveness of the Canadian-Ukrainian Pediatric Fellowship Program. The Medical Director of the Program is Professor James Rutka, and the Program Coordinator is Professor Myroslava Romach.
The stages of organizing training meetings within the Program are indicated: planning and preparation for the meeting (goal setting and detailed planning); choice of locations, according to pre-thought-out criteria; the meeting itself (lectures and practical training, joint operations in 7 cities of Ukraine); further observation, assessment of the impact and results of the meeting, as well as planning of long-term cooperation.
Analysis of the concrete results of cooperation is one of the most important stages of international cooperation, as it not only increases its efficiency but also ensures the targeted use of funds. It is determined that important factors that increase the effectiveness of interstate programs in the field of medicine are awareness of cooperation at the diplomatic level, coordinated cooperation at the local level, selection of reliable partners for cooperation, systematic contacts, activities, targeted, premeditated assistance, careful selection of applicants, changes in the means of communication in today's challenges.
The work of the above-mentioned medical Ukraine Paediatric Fellowship Program can serve as an example of the organization of international cooperation in various directions of social and political life of modern Ukraine, and a guarantee of its high efficiency in clear strategic planning.

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.

The purpose of this work is to analyse the current state of regulation of the supervisory boards of joint stock companies in Ukraine, in particular the features of their work on state-owned enterprises. A review of the practical aspects of regulating the activities of supervisory boards of joint stock companies in Ukraine is made. By applying analytical methods the provisions of regulations in the field of corporate law the latest changes in
the legal status of supervisory boards of joint-stock companies are studied, and their applicability to state joint-stock companies is assessed. In addition, these changes are compared with the provisions of international standards in the field of corporate governance of state-owned enterprises, in particular the standards of the Organization for Economic Cooperation and Development (OECD). The article deals, inter alia, with the concepts of "supervisory board", "state-owned enterprise", "fiduciary duties", as well as issues of transparency and integrity of the work of supervisory boards. In addition, the issues of the latest practice in the work of supervisory boards of state-owned joint stock companies and how the powers of the supervisory boards were exercised are considered.
According to the results of the study, the current regulations are quite complex, inconsistent and contain internal contradictions, which, on the one hand, create risks for the effective exercise of powers by supervisory boards, and on the other hand, the risks of abuse by supervisory boards.
The authors concluded that it is necessary to improve the legal framework governing the work of supervisory boards of state-owned joint-stock companies, generalize and unify practices on various issues of competence of supervisory boards, as well as provide certain criteria for compliance of supervisory board members with professional experience requirements in a particular field and with requirements of transparency about the absence of conflict of interest.

The Republic of Moldova is an important trade and economic partner of Ukraine. Shared border, closeness of foreign policy positions and interaction in the international arena, the commonality of history, culture, historically close cooperation in the economic and trade spheres, in dealing with contemporary challenges and threats, etc., necessitate a closer study of this country. This article is intended to highlight and analyze the main historical, geographical, socio-economic and cultural features of the development of Moldova. A thorough study of the processes in the modern Moldovan society, the nature of their emergence, etc. will allow different interested structures of Ukraine, including state authorities, to make more effective use of the opportunities of the two countries to build up mutually beneficial cooperation, both within the framework of multilateral and international platforms. This may contribute to solving similar problems facing the Ukrainians in building a completely new legal community in our country, a society based on recognized European and Euro-Atlantic values. The article is based on available scientific research, including copyrights on the Republic of Moldova, which in general provides an objective and useful cross-section of the basic features of this country. The article highlights the major historical milestones of state-building in Moldova, from ancient times to the present, formation of its basic public institutions, informs about the activities of state leadership and public figures, the state and administrative-territorial structure of the modern Republic of Moldova. The work shows the current political, socio-economic and humanitarian situation, in particular in the fields of culture, education and religion, level of relations of this country with Ukraine, place and role of the Ukrainian community both on the Right Bank and on the Left Bank (Transnistria) in the life of Moldova, etc. Prominent place in the article is devoted to the coverage of the basic parameters of the physical and geographical location of the Republic of Moldova, which determines its natural features, economic development, the structure of the national economy, tourist attractiveness and more.

This article provides a general analysis of the Model European Rules of Civil Procedure established in 2020 (hereinafter – the Rules). It describes their structure, defines the purpose and goals, main principles. The author comes to the conclusions regarding the role and importance of these Rules for the further development of civil proceedings, both in the EU Member States and in other countries, in particular, in Ukraine. The important role of the unification of the terminology of civil procedure is identified. In particular, we are talking about such specific institutions of civil procedural law as the principle of cooperation between a judge and parties, the principle of settlement, case management and others, which are absent in Ukrainian national legislation, nevertheless, very important for the scholar research. Second, the scope and main principles of the Rules require rethinking of traditional approaches to regulating the relationship between a judge, parties and their representatives, as well as the role of a judge in proceedings, new approaches to the phasing of court proceedings and the differentiation of civil procedure, which should be helpful while further development of the civil procedural legislation in Ukraine. Keywords: access to justice; civil proceedings; dispute settlement; the principle of cooperation between a judge and parties; the principle of proportionality; effective protection of rights.

Under conditions of global intellectualization of technology, information–communication and transport infrastructures are closely connected to the utilization of intellectual and creative capabilities of human resources. It is an appropriate and relevant question to address the optimization in regulating the international movement of human resources and to define economic instruments to stimulate the development of intellectual resource of Ukraine. The goal of present work is a theoretical substantiation of recommendations concerning the regulation of international movement of human resources in Ukraine and economic instruments for the development of intellectual resource of the state under conditions of global intellectualization. In the research, we applied general scientific and special research methods: induction, deduction, method of imaginary experiment and substantiation, theoretical generalization. A conclusion was drawn on that the strategic direction of economic policy in the development of intellectual resource in Ukraine should be a state-led regulation of international movement of human resources in all their forms, namely, migration, tourism, transit-professional relocations and virtual international movement. Development of intellectual resources of Ukraine depends on economic instruments, among which we consider it appropriate to highlight: state monitoring over the processes in international movement, intellectual property protection, motivation of development of domestic human resources, the intensification of international cooperation, promotion of intellectual immigration and re-emigration. The scientific novelty of present research is the substantiation of recommendations related to the regulation of international movement of human resources and the determination of basic tools for development of intellectual resource in Ukraine. A practical value of the research consists in the fact that the results obtained might be used by state bodies to improve effectiveness of the legal base and protection of intellectual resources of Ukraine at the national and local levels. In future, further research can be directed towards the conceptualization of state economic policy in the regulation of international movement of human resources of Ukraine; to study experience of the world leading countries on retaining intellectual resource.

Recently, there has been a rapid development of neoinstitutional economic theory, including, in particular, the theory of transaction costs. In the Western economic science this theory is widely applied for the study of the activities of the public sector. One of the transactions of the public sector includes taxation. The aim of the research is substantiation of the approaches of the theory of transaction costs for fiscal management under conditions of reforming the system of state governance in Ukraine and gradual integration into European structures. We used general scientific methods: cognition, system analysis, analysis and synthesis, as well as comparison. Taxation was studied as a specific act of the agreement between the state and the business. Filling the state budget by tax revenue, the state solves important issues of socio-economic development and has a resource for its own functioning. Entrepreneurs are interested in providing the state with financial resources because the state is the provider of public goods and efficient structure of business activity regulation. It was proved that the relationship between the state and the business have transaction character. In this case, the taxes are considered as certain transaction costs, i.e., the fee for the use of public benefits and the institutions that govern the business relationships and establish "rules of the game" in the market. It was substantiated that the theory of transaction costs allows comprehensive researching into the interaction of state structures with taxpayers given the uncertainty, information asymmetry, limited rationality, opportunistic behavior, specificity of interests, contractual risks, etc. We established that this very theory provides a full description of mutual cooperation between the authorities and the businesses in the process of formation of tax policy and execution of tax management functions. Scientific novelty of the research is provided by the proposed theory of transaction costs for scientific substantiation of tax management in the period of structural transformations of the economy. The practical result is the use of institutional approaches to the formation of the reformation of the tax system in Ukraine and its transition from a purely fiscal to an investment model considering all participants of the process of taxation, as well as assistance in overcoming the contradictions between them and the opportunism in the behavior. A promising direction for further research in this area is the use of neoinstitutional approach at micro–level for the analysis of transactions between taxpayers and government agencies, as well as overcoming information asymmetry in the process of implementing peculiarities of tax management.

The article deals with the provisions of the Constitution of the Republic of Estonia which concern the cooperation of public administration with citizens and the protection of the citizens' rights. The comparison of the particular provisions of the Constitution of the Republic of Estonia with the provisions of the Constitution of Ukraine is made. As a result of comparing the provisions of the Constitution of the Republic of Estonia with the provisions of the Constitution of Ukraine, it is concluded that they are similar in terms of citizens' rights protection. In both Constitutions, citizens'

rights are recognized and protected by the state, rights and freedoms may only be circumscribed in exceptional cases, citizens have the right to free access to the information held by public administration (access to which is not restricted). Special attention is given to Administrative Procedure Act of the Republic of Estonia, which was passed on 06 June 2001. The principles of the administrative procedure, enshrined in Administrative Procedure Act of the Republic of Estonia, are presented. They include the principle of human rights protection, the principle of legality, the principle of proportionality and separate group of principles – principles of good administration. The principles of good administration, which underlie the cooperation of public administration with citizens, are also highlighted. They include the right to be heard, the right to examine documents, the right to get explanations, the principle of accessibility and data protection, the right to representation, the principle of appeal. It is substantiated that the principles of administrative procedure, enshrined in Administrative Procedure Act of the Republic of Estonia, provide two important guarantees: 1) a guarantee for good and legal activity of public administration, 2) a guarantee for enforcement of person's rights and freedoms during issuing administrative acts or taking measures. The conclusion on the expediency for the systematization of the legislation on administrative procedure in a one normative legal act is made. On the basis of drawn conclusions, it is proposed to draft and adopt in Ukraine a unified normative legal act on administrative procedure (a law or a code), taking into consideration Estonia's experience in this matter.

Using the example of the BSSR the article analyzes the historical background of corruption and abuse of power in modern society. Mistakes and shortcomings in the personnel policy of the party-state leadership of Soviet Belarus are shown. The failure of economic policy is stated to have been caused by a number of objective and subjective factors including imperfection of the personnel selection system, weakening of state and labor discipline, spread of drunkenness and alcoholism, theft of state and public property. It is noted that in the 1970-1980s the number of embezzlement and misappropriations, the facts of using one's official position for personal enrichment did not steadily decline but increased, which resulted in great material damage to the national economy. A feature of that period was the fact that the facts of organized and corrupt crime were revealed in the USSR and Belarus. The most notorious cases: the numeral facts of venality by the officials of housing-departments of the Minsk district executive committee (1970), larcenies and abuses in the consumer cooperation in BSSR, especially in Orsha, where the high-level heads of Vitebsk Regional executive committee and Orsha district executive committee as well as some other authority members were involved into official corruption (1973). The negative tendencies of abuse took place also among Party's and Soviet leaders: in Vitebsk Region during 1975-1980 more than 100 authority members were penalized for different cases of abuse; in 1981 138 heads were brought to responsibility. All these facts caused social tension in the society, disaffection of the population with the activities of the authorities, government and militia of the republic. As a result, the party-state leadership lost its authority, which along with economic problems and contention in society led to the collapse of the USSR. It is concluded that numerous facts of upward distortions and fraud bring into question the reliability of reporting figures on the implementation of plans and programs for the economic development of the BSSR, and numerous modern conflicts in countries that formed the USSR arose in the Soviet past.

The article is devoted to the outline and research of several topical critical questions related to the study of the role of the Ukrainian youth in the development of civil society in terms of the undeclared Russian-Ukrainian war and global crisis caused by the Covid-19 pandemic, as well as the influence of the civilization borderland factor on the mentality and behavior of borderland residents. The article focuses on the fact that the concurrently multidirectional influences, such as geopolitical, cultural, religious and others, make the borderland a zone of attraction and rejection, as well as the space for large-scale manipulations. The formation of civil society in the borderland area has its own specifics, yet scantily explored in the academic research. Special attention is paid to the increase of the civil society's significance in various spheres from the promotion of reforms at the state level to the voluntary assistance provided to the Armed Forces of Ukraine during the "Joint Forces Operation", internally displaced persons, and other segments of the population. To successfully solve the problem of building the Ukrainian civil society, it is necessary to fundamentally comprehend the youth's participation in the solution of various problems of modern Ukraine. Thus, it is important that young citizens be ready for active cooperation with the state and public organizations. The research emphasizes one of the popular ways to transform young people into active citizens of Ukraine, which consists in their encouragement to participate in the process of building civil society at all levels of the educational process in the educational establishments of our state, Ukrainian weekend schools abroad; involvement in the work of the Young Scholars' Council and various public organizations. This all caused the need to search for fundamentally new approaches to preparing youth for an active life in the Ukrainian society. The author of the article has elucidated the work experience of the scholars of the Research Institute of Ukrainian Studies regarding the effective forms and methods of increasing young people's activity through the prism of academic, cultural, and educational work.

The time limits of the life of one generation are about 25-30 years, so lived in the struggle for building its own state and its armed defence, this time for Ukraine goes down in the history of the first generation of creation and attempts to comply with four military doctrines (1993-2004-2012-2015), in which our own defence course was proclaimed.
The theoretical basis of these official documents of significance were certain paradigms of military-political thinking, according to which Ukraine did not consider it a continuation of politics. The direction and principles of military policy (defence or security policy in European terminology) for modern Ukraine from the mid-20s of the XIX century, as well as 100 years ago, again came to the fore in connection with the implementation of previously abstract concepts " annexation "," occupation "," war ", which allegedly did not exist for our country in recent history. But today they have been embodied or, in the image of Franz Kafka, "reincarnated" into threatening forms of Russia's military practice against our state, the end of which is not yet visible in the near future. The military-theoretical and political response was the "Military Strategy of Ukraine" in 2021, which "opened" a new generation of paradigms of militarypolitical thinking. The main thesis is the belief that the protection of sovereignty and strengthening of military security is the military-theoretical and political response was the "Military Strategy of Ukraine" in 2021, which "opened" a new generation of paradigms of military-political thinking. The main thesis is the belief that the protection of sovereignty and strengthening of military security is the creation of a "comprehensive defence system" with the integration of all forces of the state and civil society, law enforcement agencies and volunteers, administrative regions and territorial communities.
The military-theoretical and political response was the "Military Strategy of Ukraine" in 2021, which "opened" a new generation of paradigms of military-political thinking. We will prove that this is a philosophy of military security instead of the previously expressed doctrinal military-political ideas of entrusting a matter of national importance to the forces of the defence sector. The new generation of public life Ukraine will begin with a new paradigm of militarypolitical thinking, the central idea of which is the transition from hopes for the political levers of defence for international cooperation to the creation of a system of comprehensive national security with the synergistic potential of Ukrainianity.

The transformation of the economy of Ukraine predetermines the need for comprehensive analysis of its impact on the areas of economic activity because the depth of transformation processes has significant differences. In this regard especially important is innovation environment, on the development of which the competitiveness of the national economy largely depends, as well as the pace and quality of economic development. The analysis of the features of the transformational changes in the environment, especially in the innovation sector, is particularly relevant under conditions of global competition. The aim of the article is to study the development of global innovation environment, development and scientific substantiation of directions ensuring national innovation competitive advantages, to identify opportunities to use integration processes to enhance international innovation investment cooperation. To achieve this aim we applied the following methods: abstract–logical, structurally–logical, comparative and statistical. Peculiarities of innovation development in Ukraine under conditions of growing global competition were examined. We studied transformational changes in the development of investment and innovation environment in Ukraine, which made it possible to determine the real state of its innovation appeal. The innovative development was considered as self–reproductive basis for the formation of new patterns of economic dynamics, modernization of the national economy, technological convergence of Ukraine into global economic space, maintaining intellectual potential. The study of the transformation of innovative development and market transformation efficiency of social production showed that the innovation attractiveness of Ukraine is significantly affected not only by the general state of the national economy but by the conditions of business activities. The practical value of the research is in the fact that the implementation of the formulated strategic objectives in the innovation field will allow the national economy to solve the problem of substantial growth of the gross domestic product, to improve investment attractiveness, to create conditions for the development of existing and for attracting new companies, to create new sectors of the economy in the field of small and medium sized innovative businesses, to form the clusters of innovative enterprises, to ensure integration of science, government and business. The issues of the transformation of innovative development will require further detailed study in the context of overcoming the crisis of competitiveness of the national economy, market transformations for the efficiency of social production.