The article is devoted to the study of the object of criminal offenses provided for by Articles 205-1, 206, 206-2 of the Criminal Code of Ukraine, which are positioned by the authors as special criminal prohibitions introduced to counter raiding. Doctrinal views and problems of legislative formulation of the object of criminal offenses related to raiding are analysed. Based on the analysis of judicial statistics for the last eight years, it was established that the effectiveness of the specified criminal law norms depends on the perfection of their content. Attention is drawn to the significant shortcomings of the current editions of the specified norms and the ways of their improvement are suggested. Authors’ interpretation of the object of the criminal offense is expressed. The authors criticize the usage of the term «integral property complex» as obsolete as well as excessive detailing of this concept by indicating individual objects as a part of an integral property complex in the text of Art. 206 of the Criminal Code of Ukraine. In order to improve the current criminal legislation, changes to the wording of the dispositions of individual «anti-raider» prohibitions are proposed. In particular, the disposition of Art. 206 of the Criminal Code of Ukraine in the part indicating the object of a criminal offense is proposed to be worded as follows: «… or seizure of an entire property complex or its part …». The opinion is expressed that instead of the term «enterprise, institution, organization» in the disposition of Art. 206-2 of the Criminal Code of Ukraine the term «business entity» should be used, which will make the relevant criminal law more clear and concise. Taking into account the above, it is proposed to outline the disposition of Art. 206-2 of the Criminal Code of Ukraine in the part of the object of the criminal offense in the following wording: «Illegal acquisition of the property of a business entity or a dividend, share, divvy of its participant …». With reference to examples from judicial practice separate cases of erroneous qualification of acts related to forgery of documents submitted for state registration of business entities according to Art. 358 of the Criminal Code of Ukraine are given.
{"title":"Object of Criminal Offences Related to Raiding","authors":"S. Krushynskyi, V. Zakharchuk","doi":"10.37491/unz.88.4","DOIUrl":"https://doi.org/10.37491/unz.88.4","url":null,"abstract":"The article is devoted to the study of the object of criminal offenses provided for by Articles 205-1, 206, 206-2 of the Criminal Code of Ukraine, which are positioned by the authors as special criminal prohibitions introduced to counter raiding. Doctrinal views and problems of legislative formulation of the object of criminal offenses related to raiding are analysed. Based on the analysis of judicial statistics for the last eight years, it was established that the effectiveness of the specified criminal law norms depends on the perfection of their content. Attention is drawn to the significant shortcomings of the current editions of the specified norms and the ways of their improvement are suggested. Authors’ interpretation of the object of the criminal offense is expressed. The authors criticize the usage of the term «integral property complex» as obsolete as well as excessive detailing of this concept by indicating individual objects as a part of an integral property complex in the text of Art. 206 of the Criminal Code of Ukraine. In order to improve the current criminal legislation, changes to the wording of the dispositions of individual «anti-raider» prohibitions are proposed. In particular, the disposition of Art. 206 of the Criminal Code of Ukraine in the part indicating the object of a criminal offense is proposed to be worded as follows: «… or seizure of an entire property complex or its part …». The opinion is expressed that instead of the term «enterprise, institution, organization» in the disposition of Art. 206-2 of the Criminal Code of Ukraine the term «business entity» should be used, which will make the relevant criminal law more clear and concise. Taking into account the above, it is proposed to outline the disposition of Art. 206-2 of the Criminal Code of Ukraine in the part of the object of the criminal offense in the following wording: «Illegal acquisition of the property of a business entity or a dividend, share, divvy of its participant …». With reference to examples from judicial practice separate cases of erroneous qualification of acts related to forgery of documents submitted for state registration of business entities according to Art. 358 of the Criminal Code of Ukraine are given.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129934636","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In the scientific article the author conducts a study of foreign experience of legal regulation of judicial protection of family rights of parents and children, primarily under the legislation of certain states of the European Union (such as Germany, France, the Czech Republic, Slovakia, Poland, Hungary, Latvia, Estonia) and under the legislation of the Republic of Moldova. Based on the conducted research, the author comes to the conclusion that in the German civil and French civil legislation, the Civil Code of Hungary and the family laws of Estonia and Slovakia, an exhaustive list of methods and types of judicial protection of the family rights of parents and children is not defined, although it can be formed on the basis of the analysis of the texts of individual articles devoted to specific issues of the exercise of family rights of parents and children and their protection. At the same time, as shown by the analysis of the family legislation of this state, which regulates the specifics of the protection of family rights and obligations of parents and children, the court must have the right to consider all disputes regarding the implementation of family rights of parents and children, similarly to what is provided for by Family Law of Ukraine. The French Civil Code separately defines the procedural powers of the court of first instance, which are intended to resolve cases that come up for consideration within the framework of a dispute over the exercise of parental rights. The analysis of the civil legislation of the Czech Republic, Latvia, Poland and Romania allow us to conclude that the court is not the only (albeit the main) body authorized to protect the rights of parents and children; specific methods and forms of protection of family rights, in particular parents and children, similar to French and German civil legislation, are defined in separate articles. Latvian civil law, along with the judicial protection of the family rights of parents and children, also contains a quasi-judicial form of protection represented by orphan courts, which are guardianship and care bodies of local self-government bodies and decide on the issue of transferring a child to the care and upbringing of a future adopter, on the adoption of a child, on assistance in parents' implementation of their rights and obligations towards a child, assistance to a child in case of improper implementation by the parents of their rights and obligations regarding a child, termination of the right of guardianship of the parents over a child or renewal of such right, appointment, approval or dismissal of a guardian. Polish and Romanian family legislation provide for two independent forms of protection of family rights — judicial and quasi-judicial, similar to Latvian legislation, when the issue of adoption, establishment of guardianship, resolution of disputes between parents regarding the fulfilment of parental rights and duties by them is decided by «guardianship and guardia
{"title":"Judicial Protection of the Family Rights of Parents and Children under the Family Legislation of Certain European States","authors":"P. Saliuk","doi":"10.37491/unz.88.2","DOIUrl":"https://doi.org/10.37491/unz.88.2","url":null,"abstract":"In the scientific article the author conducts a study of foreign experience of legal regulation of judicial protection of family rights of parents and children, primarily under the legislation of certain states of the European Union (such as Germany, France, the Czech Republic, Slovakia, Poland, Hungary, Latvia, Estonia) and under the legislation of the Republic of Moldova. Based on the conducted research, the author comes to the conclusion that in the German civil and French civil legislation, the Civil Code of Hungary and the family laws of Estonia and Slovakia, an exhaustive list of methods and types of judicial protection of the family rights of parents and children is not defined, although it can be formed on the basis of the analysis of the texts of individual articles devoted to specific issues of the exercise of family rights of parents and children and their protection. At the same time, as shown by the analysis of the family legislation of this state, which regulates the specifics of the protection of family rights and obligations of parents and children, the court must have the right to consider all disputes regarding the implementation of family rights of parents and children, similarly to what is provided for by Family Law of Ukraine. The French Civil Code separately defines the procedural powers of the court of first instance, which are intended to resolve cases that come up for consideration within the framework of a dispute over the exercise of parental rights. The analysis of the civil legislation of the Czech Republic, Latvia, Poland and Romania allow us to conclude that the court is not the only (albeit the main) body authorized to protect the rights of parents and children; specific methods and forms of protection of family rights, in particular parents and children, similar to French and German civil legislation, are defined in separate articles. Latvian civil law, along with the judicial protection of the family rights of parents and children, also contains a quasi-judicial form of protection represented by orphan courts, which are guardianship and care bodies of local self-government bodies and decide on the issue of transferring a child to the care and upbringing of a future adopter, on the adoption of a child, on assistance in parents' implementation of their rights and obligations towards a child, assistance to a child in case of improper implementation by the parents of their rights and obligations regarding a child, termination of the right of guardianship of the parents over a child or renewal of such right, appointment, approval or dismissal of a guardian. Polish and Romanian family legislation provide for two independent forms of protection of family rights — judicial and quasi-judicial, similar to Latvian legislation, when the issue of adoption, establishment of guardianship, resolution of disputes between parents regarding the fulfilment of parental rights and duties by them is decided by «guardianship and guardia","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130748190","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The legal aspects of the policy of decarbonisation of the transport sector of the economy of the Member States of the European Union are examined. The main international act to combat global warming (the Paris climate agreement) is examined. The European Green Deal, introduced under the terms of the 2015 Paris Climate Agreement to limit global annual temperature rise to 1.5°C, is taken into account, which is a prerequisite for achieving climate neutrality. It is noted that the European Green Agreement aims to increase the share of multimodal transport services; production and use of alternative fuels in all modes of transport; reducing air pollution in cities caused by the transport sector. The key policies of the member states of the European Union in the field of decarbonisation of the transport sector are considered: the policy of promoting the increase of the average load of vehicles through their shared use; congestion charge policy; the policy of promoting bicycle and pedestrian zones; city-wide ban on gasoline/diesel vehicles; the policy of reducing emission norms. The Fit for 55 package is studied — a set of legislative proposals to reduce greenhouse gas emissions in the EU by at least 55 % by 2030. Ukraine’s course on decarbonisation is considered. It is determined that by signing and ratifying the Paris Agreement, Ukraine has taken a course towards decarbonisation, it is also determined that climate change issues are regulated by the Association Agreement between Ukraine and the EU. The impact of the National Transport Strategy of Ukraine for the period up to 2030 on the process of decarbonisation of the transport sector of the Ukrainian economy is analysed. Using the example of the policies of the Member States of the European Union, a number of initiatives are proposed that will enable better integration of electric transport in the future. Significantly reducing greenhouse gas emissions into the atmosphere and achieving climate neutrality are found to have long-term positive effects on human health and well-being, protection of biodiversity and natural resources.
审查了欧洲联盟成员国经济运输部门脱碳政策的法律方面。研究了对抗全球变暖的主要国际行动(巴黎气候协议)。根据2015年《巴黎气候协定》的条款引入的《欧洲绿色协议》(European Green Deal)被考虑在内，该协议旨在将全球年气温上升幅度限制在1.5摄氏度以内，这是实现气候中和的先决条件。值得注意的是，《欧洲绿色协定》旨在增加多式联运服务的份额;在所有运输方式中生产和使用替代燃料;减少交通部门造成的城市空气污染。考虑了欧盟成员国在运输部门脱碳领域的关键政策:通过共享使用促进车辆平均负荷增加的政策;拥堵费政策;推行自行车及行人专用区的政策;全市范围内禁止汽油/柴油车辆;降低排放标准的政策。Fit for 55一揽子计划正在研究中——一套立法建议，旨在到2030年将欧盟的温室气体排放量减少至少55%。考虑乌克兰的脱碳路线。确定通过签署和批准《巴黎协定》，乌克兰已经走上了脱碳的道路，还确定气候变化问题由乌克兰与欧盟之间的关联协议进行监管。分析了到2030年乌克兰国家运输战略对乌克兰经济运输部门脱碳进程的影响。以欧洲联盟成员国的政策为例，提出了一些倡议，这些倡议将使将来能够更好地整合电力运输。研究发现，大幅减少向大气排放温室气体和实现气候中和，对人类健康和福祉、保护生物多样性和自然资源具有长期积极影响。
{"title":"Legal Aspects of the Policy of Decarbonisation of the Transport Sector of the Economy of EU Member States","authors":"A. Kiryk","doi":"10.37491/unz.88.7","DOIUrl":"https://doi.org/10.37491/unz.88.7","url":null,"abstract":"The legal aspects of the policy of decarbonisation of the transport sector of the economy of the Member States of the European Union are examined. The main international act to combat global warming (the Paris climate agreement) is examined. The European Green Deal, introduced under the terms of the 2015 Paris Climate Agreement to limit global annual temperature rise to 1.5°C, is taken into account, which is a prerequisite for achieving climate neutrality. It is noted that the European Green Agreement aims to increase the share of multimodal transport services; production and use of alternative fuels in all modes of transport; reducing air pollution in cities caused by the transport sector. The key policies of the member states of the European Union in the field of decarbonisation of the transport sector are considered: the policy of promoting the increase of the average load of vehicles through their shared use; congestion charge policy; the policy of promoting bicycle and pedestrian zones; city-wide ban on gasoline/diesel vehicles; the policy of reducing emission norms. The Fit for 55 package is studied — a set of legislative proposals to reduce greenhouse gas emissions in the EU by at least 55 % by 2030. Ukraine’s course on decarbonisation is considered. It is determined that by signing and ratifying the Paris Agreement, Ukraine has taken a course towards decarbonisation, it is also determined that climate change issues are regulated by the Association Agreement between Ukraine and the EU. The impact of the National Transport Strategy of Ukraine for the period up to 2030 on the process of decarbonisation of the transport sector of the Ukrainian economy is analysed. Using the example of the policies of the Member States of the European Union, a number of initiatives are proposed that will enable better integration of electric transport in the future. Significantly reducing greenhouse gas emissions into the atmosphere and achieving climate neutrality are found to have long-term positive effects on human health and well-being, protection of biodiversity and natural resources.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115024060","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The purpose of the article is to analyse the legal and doctrinal approaches to the interpretation of the concept of «location of a legal entity» at the national and international levels. Research methods. The work is performed on the basis of such methods of scientific knowledge as scientific analysis, synthesis, study of information sources, logical-semantic, formal-logical, dialectical, retrospective, prognostic methods. Results. A number of legal acts contain a definition of «location of a legal entity», which is not consistent with each other. In practice, along with the term «location of a legal entity» such terms are still used as «legal address», «registration address», «postal address», «actual address», which further complicates the definition of the conceptual apparatus. Applying these methods, various historical approaches to the interpretation of the legal entity location are studied. This personal non-property right should be enshrined in the rules of private law, but the current version of Art. 93 of the Civil Code of Ukraine is the result of the influence of public law (including tax law). It is determined that according to the philosophical method of cognition from general to specific, there are three levels of the term «location»: as the territory of the state, as a territorial-administrative unit, as a specific postal address. Attention is paid to the importance of this institution in various fields of law, in particular, civil, tax, financial. Conclusions. As a result of the research, a conclusion is made about the different understanding of the location of a legal entity in international private and domestic national law of Ukraine. At the level of private international law of Ukraine, the location of a legal entity is tied to the criterion of incorporation. At the domestic level, the location is currently determined by the criterion of actual location. Among three historically known editions of Art. 93 of the Civil Code of Ukraine, the initial version of 2003 is the most desirable: the location of a legal entity is determined by the place of its state registration. This approach is characterized by predictability, ease and simplicity of definition.
{"title":"Location of the Legal Entity: National and International Dimension","authors":"N. Davydova","doi":"10.37491/unz.87.1","DOIUrl":"https://doi.org/10.37491/unz.87.1","url":null,"abstract":"The purpose of the article is to analyse the legal and doctrinal approaches to the interpretation of the concept of «location of a legal entity» at the national and international levels. Research methods. The work is performed on the basis of such methods of scientific knowledge as scientific analysis, synthesis, study of information sources, logical-semantic, formal-logical, dialectical, retrospective, prognostic methods. Results. A number of legal acts contain a definition of «location of a legal entity», which is not consistent with each other. In practice, along with the term «location of a legal entity» such terms are still used as «legal address», «registration address», «postal address», «actual address», which further complicates the definition of the conceptual apparatus. Applying these methods, various historical approaches to the interpretation of the legal entity location are studied. This personal non-property right should be enshrined in the rules of private law, but the current version of Art. 93 of the Civil Code of Ukraine is the result of the influence of public law (including tax law). It is determined that according to the philosophical method of cognition from general to specific, there are three levels of the term «location»: as the territory of the state, as a territorial-administrative unit, as a specific postal address. Attention is paid to the importance of this institution in various fields of law, in particular, civil, tax, financial. Conclusions. As a result of the research, a conclusion is made about the different understanding of the location of a legal entity in international private and domestic national law of Ukraine. At the level of private international law of Ukraine, the location of a legal entity is tied to the criterion of incorporation. At the domestic level, the location is currently determined by the criterion of actual location. Among three historically known editions of Art. 93 of the Civil Code of Ukraine, the initial version of 2003 is the most desirable: the location of a legal entity is determined by the place of its state registration. This approach is characterized by predictability, ease and simplicity of definition.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123120738","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The transformation of cruise tourism management in Ukraine and peculiarities of its development at certain historical stages, which allows estimating the internal potential of cruise tourism, problems and development prospects in a turbulent modern age is considered in the article. The main goal is to conceptualize developments in the field of management and history of cruise tourism, as well as generalize leading practices on this issue to form a modern model of cruise tourism management in Ukraine. After all, in the context of globalization, the issue of considering the evolution of industries, sectors of the economy, as well as determining the segments of their active growth and development trends in general remains relevant. Systematization of literary sources and experts’ points of views has shown that the scientific discourse is fragmented and briefly touches upon the research on the features and problems of cruise tourism in Ukraine from the standpoint of transforming approaches to its management. The urgency of the study is due to the fact that currently there is no thorough analysis of the history of cruise tourism in Ukraine in general and retrospectives of its management in particular. After all, the formation of the industry occurs at the intersection of different areas as a result of management decisions that accumulate the potential for diffusion of innovations and aimed at forming new value chains, creating latent demand in the existing system of government, i.e. taking into account current and strategic risks. The methodological basis of the study consists of management, tourism and economic theories, which tools are able to form a theoretical and methodological basis for determining the directions of transformation of cruise tourism management in Ukraine. The object of research is the process of conducting a detailed analysis of the historical background and patterns of transformation of cruise tourism management in our country. With this in mind, the advantages and disadvantages of cruise tourism management at different stages of its development are identified. It is found out that the management of cruise tourism at the present stage is inefficient, and the restoration of its development to the level of the 1990s requires state support in terms of the relevant infrastructure and restrictions on the operation of passenger ships that do not meet environmental standards in accordance with the concept of sustainable development. Emphasis is also made on the importance of supply differentiation in cruise tourism as an effective management model of its development. It is not unreasonable to say that the potential of cruise tourism has not yet been fully explored, thus, effective measures should be taken to support and promote this type of recreation given the experience of world leaders in tourism, who actively develop water transport through science and technology. The study highlights the historical transformation of cruise compani
{"title":"Transformation of Cruise Tourism Management in Ukraine","authors":"I. Antonenko, N. Opanasiuk, I. Melnyk, N. Rekun","doi":"10.37491/unz.87.11","DOIUrl":"https://doi.org/10.37491/unz.87.11","url":null,"abstract":"The transformation of cruise tourism management in Ukraine and peculiarities of its development at certain historical stages, which allows estimating the internal potential of cruise tourism, problems and development prospects in a turbulent modern age is considered in the article. The main goal is to conceptualize developments in the field of management and history of cruise tourism, as well as generalize leading practices on this issue to form a modern model of cruise tourism management in Ukraine. After all, in the context of globalization, the issue of considering the evolution of industries, sectors of the economy, as well as determining the segments of their active growth and development trends in general remains relevant. Systematization of literary sources and experts’ points of views has shown that the scientific discourse is fragmented and briefly touches upon the research on the features and problems of cruise tourism in Ukraine from the standpoint of transforming approaches to its management. The urgency of the study is due to the fact that currently there is no thorough analysis of the history of cruise tourism in Ukraine in general and retrospectives of its management in particular. After all, the formation of the industry occurs at the intersection of different areas as a result of management decisions that accumulate the potential for diffusion of innovations and aimed at forming new value chains, creating latent demand in the existing system of government, i.e. taking into account current and strategic risks. The methodological basis of the study consists of management, tourism and economic theories, which tools are able to form a theoretical and methodological basis for determining the directions of transformation of cruise tourism management in Ukraine. The object of research is the process of conducting a detailed analysis of the historical background and patterns of transformation of cruise tourism management in our country. With this in mind, the advantages and disadvantages of cruise tourism management at different stages of its development are identified. It is found out that the management of cruise tourism at the present stage is inefficient, and the restoration of its development to the level of the 1990s requires state support in terms of the relevant infrastructure and restrictions on the operation of passenger ships that do not meet environmental standards in accordance with the concept of sustainable development. Emphasis is also made on the importance of supply differentiation in cruise tourism as an effective management model of its development. It is not unreasonable to say that the potential of cruise tourism has not yet been fully explored, thus, effective measures should be taken to support and promote this type of recreation given the experience of world leaders in tourism, who actively develop water transport through science and technology. The study highlights the historical transformation of cruise compani","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122282836","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Legislation regulating public health relations in the direction of preventing the emergence and spread of infectious diseases, including those that are particularly dangerous, is analysed. The meaning of «system» is clarified. It is established that legal liability has the characteristics and properties of the system. With the help of a systematic approach, the relevance of the interaction of different types of responsibilities is substantiated. Attention is drawn to the tendency to expand the range of social relations governed by the rule of law, borrowing the rules of international law, the formation of complex branches of law. As a result, traditional sectoral types of legal liability are endowed with signs of intersectoral nature. It is proved that the responsibility for violating the legislation on prevention and spread of particularly dangerous infectious diseases is also endowed with signs of intersectoral, as its specific object is to protect public health from the emergence and spread of particularly dangerous infectious diseases and its provision is supported by the presence of different types of liability and types of offenses, which together form a single, holistic system of such liability. The criterion for distinguishing such a system has become the object of an offense. The close interdisciplinary connection between administrative and criminal responsibility is emphasized. Positive and negative approaches to the understanding of administrative and criminal liability in general, as well as in the field of occurrence and spread of particularly dangerous infectious diseases are researched. Emphasis is placed on the need to distinguish between the concepts of «responsibility» and «punishment». Arguments in favour of a broad approach to the interpretation of legal liability in general and to liability in this area are presented. Emphasis is placed on the need to rethink the dialectical connection between law and coercion, namely the need to understand responsibility not only as a control mechanism by the state, but also as a form of self-control of an individual, which later becomes his stable inner conviction.
{"title":"The Dialectical Nature of Legal Responsibility for the Violation of Legislation on the Prevention of the Emergence and Spread of Particularly Dangerous Infectious Diseases","authors":"A.G. Danilova","doi":"10.37491/unz.87.5","DOIUrl":"https://doi.org/10.37491/unz.87.5","url":null,"abstract":"Legislation regulating public health relations in the direction of preventing the emergence and spread of infectious diseases, including those that are particularly dangerous, is analysed. The meaning of «system» is clarified. It is established that legal liability has the characteristics and properties of the system. With the help of a systematic approach, the relevance of the interaction of different types of responsibilities is substantiated. Attention is drawn to the tendency to expand the range of social relations governed by the rule of law, borrowing the rules of international law, the formation of complex branches of law. As a result, traditional sectoral types of legal liability are endowed with signs of intersectoral nature. It is proved that the responsibility for violating the legislation on prevention and spread of particularly dangerous infectious diseases is also endowed with signs of intersectoral, as its specific object is to protect public health from the emergence and spread of particularly dangerous infectious diseases and its provision is supported by the presence of different types of liability and types of offenses, which together form a single, holistic system of such liability. The criterion for distinguishing such a system has become the object of an offense. The close interdisciplinary connection between administrative and criminal responsibility is emphasized. Positive and negative approaches to the understanding of administrative and criminal liability in general, as well as in the field of occurrence and spread of particularly dangerous infectious diseases are researched. Emphasis is placed on the need to distinguish between the concepts of «responsibility» and «punishment». Arguments in favour of a broad approach to the interpretation of legal liability in general and to liability in this area are presented. Emphasis is placed on the need to rethink the dialectical connection between law and coercion, namely the need to understand responsibility not only as a control mechanism by the state, but also as a form of self-control of an individual, which later becomes his stable inner conviction.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115221344","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In modern conditions, Ukraine sets many tasks, based on the democratization of public administration. To a large extent, this applies to the development of leadership and methods of ensuring it as a universal lever through which the state influences the condition of social, economic and political development. Leadership as a stabilizing factor of public administration, integrates the interests of different groups of the population, plays an important role in their lives, activities, group decisions that are important for each member of such a group. Leadership development includes strategies, objectives and goals of public service activities that will help improve the quality of public administration. Aspects related to management activities can be developed on the basis of an institutional environment that provides a clear legal basis for the functioning of the public service; development of civil society and effective communication between government and citizens; organizes models of educational and scientific activities related to the acquisition of knowledge and competencies of public administration specialists and research on the development of leadership in public administration. It is noteworthy that a person who seeks public recognition and support from the general public must necessarily demonstrate a willingness to implement the socially expected constructs that function in the mass consciousness as a social ideal. However, the methods of achieving such designs can be radically different up to the choice of diametrically opposed and mutually exclusive directions. It turns out that the despotic form of political domination in most cases leads to the regression of civil society and the state as a whole. Methodologically, the approach to the development of knowledge, skills and competencies of public administration leaders should be based on democratic principles and educational approaches that will form civic and managerial knowledge (competencies), namely, the ability to solve complex problems in professional and innovative spheres with the potential of obtaining and forming new knowledge or practices; ability to identify and solve systemic problems of social significance in key areas of activity. Public sector leadership is a combination of skills and competencies that provide personal influence, goal setting, and strategic thinking. Leaders are the initiators of change and key figures in the success of democratic administrative reform. They formulate strategies and determine how to implement them. Defining the prospects for the development of leadership in public administration is currently very important and is seen as a key to improving the capacity of social governance, which will depend on the sustainable development of the whole country.
{"title":"Leadership in Public Administration: Prospects for Development in Ukraine","authors":"Y. Liakh","doi":"10.37491/unz.87.8","DOIUrl":"https://doi.org/10.37491/unz.87.8","url":null,"abstract":"In modern conditions, Ukraine sets many tasks, based on the democratization of public administration. To a large extent, this applies to the development of leadership and methods of ensuring it as a universal lever through which the state influences the condition of social, economic and political development. Leadership as a stabilizing factor of public administration, integrates the interests of different groups of the population, plays an important role in their lives, activities, group decisions that are important for each member of such a group. Leadership development includes strategies, objectives and goals of public service activities that will help improve the quality of public administration. Aspects related to management activities can be developed on the basis of an institutional environment that provides a clear legal basis for the functioning of the public service; development of civil society and effective communication between government and citizens; organizes models of educational and scientific activities related to the acquisition of knowledge and competencies of public administration specialists and research on the development of leadership in public administration. It is noteworthy that a person who seeks public recognition and support from the general public must necessarily demonstrate a willingness to implement the socially expected constructs that function in the mass consciousness as a social ideal. However, the methods of achieving such designs can be radically different up to the choice of diametrically opposed and mutually exclusive directions. It turns out that the despotic form of political domination in most cases leads to the regression of civil society and the state as a whole. Methodologically, the approach to the development of knowledge, skills and competencies of public administration leaders should be based on democratic principles and educational approaches that will form civic and managerial knowledge (competencies), namely, the ability to solve complex problems in professional and innovative spheres with the potential of obtaining and forming new knowledge or practices; ability to identify and solve systemic problems of social significance in key areas of activity. Public sector leadership is a combination of skills and competencies that provide personal influence, goal setting, and strategic thinking. Leaders are the initiators of change and key figures in the success of democratic administrative reform. They formulate strategies and determine how to implement them. Defining the prospects for the development of leadership in public administration is currently very important and is seen as a key to improving the capacity of social governance, which will depend on the sustainable development of the whole country.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121062522","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article analyses the theoretical approaches to the content of the concept of «critical infrastructure protection». It is determined that the key emphasis in most approaches is on the problems of threats and risks of their occurrence for critical objects. It is noted that the foundation of the scientific substantiation of the state policy of critical infrastructure protection should be formed on the basis of theoretical and methodological approaches to the detection and management of these categories. The greatest danger to the functioning of critical infrastructure in Ukraine is recognized as military threats and risks of emergencies at critical facilities. The analysis of scientific developments on identification of the definition of «critical infrastructure security risk» in the state protection policy is carried out. It is disclosed as the probability of an accident, danger, accident or catastrophe in the operation of critical infrastructure. Management takes place in conditions of uncertainty and the need to predict many alternative situations. It is emphasized that the variety of problems of critical infrastructure protection determines the need for systematic risk analysis in security management (risk analysis). Features of critical risk analysis are the analysis of potentially negative consequences arising from the failure of technical systems, failures or errors by personnel of the facility. Emphasis is placed on the component of «critical risk management» as the main component of the state policy of critical infrastructure security. This category is analysed from the standpoint of administration and management. The conclusion is made that it is necessary to supplement the state policy of critical infrastructure protection with «critical risk management». The result will be a stronger component of the protection of public and private critical facilities. It is determined that making managerial decisions within the proposed critical risk management is carried out in conditions of uncertainty. To solve such problems, it is proposed to use the theory of fuzzy logic as a means of modelling.
{"title":"Detection and Management of Threats in the Structure of State Policy for Critical Infrastructure Protection","authors":"O. Yaremenko, Yaroslav Strahnitskyi","doi":"10.37491/unz.87.6","DOIUrl":"https://doi.org/10.37491/unz.87.6","url":null,"abstract":"The article analyses the theoretical approaches to the content of the concept of «critical infrastructure protection». It is determined that the key emphasis in most approaches is on the problems of threats and risks of their occurrence for critical objects. It is noted that the foundation of the scientific substantiation of the state policy of critical infrastructure protection should be formed on the basis of theoretical and methodological approaches to the detection and management of these categories. The greatest danger to the functioning of critical infrastructure in Ukraine is recognized as military threats and risks of emergencies at critical facilities. The analysis of scientific developments on identification of the definition of «critical infrastructure security risk» in the state protection policy is carried out. It is disclosed as the probability of an accident, danger, accident or catastrophe in the operation of critical infrastructure. Management takes place in conditions of uncertainty and the need to predict many alternative situations. It is emphasized that the variety of problems of critical infrastructure protection determines the need for systematic risk analysis in security management (risk analysis). Features of critical risk analysis are the analysis of potentially negative consequences arising from the failure of technical systems, failures or errors by personnel of the facility. Emphasis is placed on the component of «critical risk management» as the main component of the state policy of critical infrastructure security. This category is analysed from the standpoint of administration and management. The conclusion is made that it is necessary to supplement the state policy of critical infrastructure protection with «critical risk management». The result will be a stronger component of the protection of public and private critical facilities. It is determined that making managerial decisions within the proposed critical risk management is carried out in conditions of uncertainty. To solve such problems, it is proposed to use the theory of fuzzy logic as a means of modelling.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124636685","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Kateryna Shestakova, Serhii Yaremchuk, O. Hnatchuk
The article analyses the content and institutional and legal framework for the coordination of social welfare systems in the European Union. Analysing documents in particular, EU Acts and Regulations, as well as taking into account modern scientific research, the material substantiates the existence of a separate area of scientific and practical activities in the European Union, namely, social welfare. It is specified that «social welfare» as a theoretical construct and direction of public policy should be considered within the concept of «social security». In a narrower context, social security can be interpreted as a basic social standard, which in most cases is implemented through social insurance. The social welfare coordination system in the European Union is quite complex and undergoing constant change. The need for modernization in view of changes in working conditions in the modern world has been updated in the period of the coronavirus pandemic. According to European Union regulations, the main areas of social welfare in the EU cover payments in connection in specific situations. Such situations are included: sickness benefits, maternity and paternity benefits, invalidity benefits, old-age benefits, survivors’ benefits, benefits related to accidents at work and occupational diseases, and benefits in connection with death, unemployment benefits, pre-retirement benefits and family benefits. The article identifies the basic principles of coordination of social welfare systems in the European Union. Among others, the most important of these is equal treatment of all people; free movement of people; unity of legislation applicable in this field in different countries; the provision that rights acquired in one country are retained in another; and the idea that insurance periods acquired in other countries summed up. In addition, the material offers a comprehensive analysis of all major EU legal acts coordinating social security systems at national levels.
{"title":"Social Security Coordination (Social Insurance) in European Union: Institutional and Legal Principles","authors":"Kateryna Shestakova, Serhii Yaremchuk, O. Hnatchuk","doi":"10.37491/unz.87.10","DOIUrl":"https://doi.org/10.37491/unz.87.10","url":null,"abstract":"The article analyses the content and institutional and legal framework for the coordination of social welfare systems in the European Union. Analysing documents in particular, EU Acts and Regulations, as well as taking into account modern scientific research, the material substantiates the existence of a separate area of scientific and practical activities in the European Union, namely, social welfare. It is specified that «social welfare» as a theoretical construct and direction of public policy should be considered within the concept of «social security». In a narrower context, social security can be interpreted as a basic social standard, which in most cases is implemented through social insurance. The social welfare coordination system in the European Union is quite complex and undergoing constant change. The need for modernization in view of changes in working conditions in the modern world has been updated in the period of the coronavirus pandemic. According to European Union regulations, the main areas of social welfare in the EU cover payments in connection in specific situations. Such situations are included: sickness benefits, maternity and paternity benefits, invalidity benefits, old-age benefits, survivors’ benefits, benefits related to accidents at work and occupational diseases, and benefits in connection with death, unemployment benefits, pre-retirement benefits and family benefits. The article identifies the basic principles of coordination of social welfare systems in the European Union. Among others, the most important of these is equal treatment of all people; free movement of people; unity of legislation applicable in this field in different countries; the provision that rights acquired in one country are retained in another; and the idea that insurance periods acquired in other countries summed up. In addition, the material offers a comprehensive analysis of all major EU legal acts coordinating social security systems at national levels.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130633601","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Igor Levadny, O. Borovyk, S.Yu. Khalimon, Andriy Soroka
The article evaluates the effectiveness of the implementation of promising models of educational training of personnel of the State Border Guard Service of Ukraine (SBGS) in terms of legal aspects. Based on the analysis, it is concluded that promising models of educational training of the State Border Guard Service of Ukraine do not contradict the requirements of legislative and departmental regulations, in particular, the Laws of Ukraine «On Military Duty and Military Service», «On Education», «On Higher Education», «On Amendments to Certain Laws of Ukraine on Military Education and Science», Regulation on Higher Military Educational Institutions, approved by the Resolution of the Cabinet of Ministers of Ukraine, and Standards of Higher Education approved by orders of the Ministry of Education and Science of Ukraine. It is substantiated that the implementation of promising models of educational training of the staff of the State Border Guard Service of Ukraine will contribute to the professionalization of professional performance of tasks as components of the security and defense sector of Ukraine. It is warned that the introduction of leadership courses in the training of border guard officers should take place through the balanced development of such leadership courses that would take into account the specifics of the tasks assigned to the SBGS, as well as probable scenarios for the use of SBGS personnel in the interests of the performance of the tasks of the components of the defense sector. It is shown that it is necessary to take into account the experience, traditions of the military school, national peculiarities of the formation and development of the national Armed Forces and other military formations of Ukraine in the formation of updated training programs for border officers. The assessment of the effectiveness of the implementation of promising models of educational training of the staff of the State Border Guard Service of Ukraine in terms of legal aspects contributes to the decision on the feasibility of implementing perspective models.
{"title":"Legal Aspect of Implementation of Perspective Models of Educational Training of the Personnel of the State Border Guard Service of Ukraine","authors":"Igor Levadny, O. Borovyk, S.Yu. Khalimon, Andriy Soroka","doi":"10.37491/unz.87.4","DOIUrl":"https://doi.org/10.37491/unz.87.4","url":null,"abstract":"The article evaluates the effectiveness of the implementation of promising models of educational training of personnel of the State Border Guard Service of Ukraine (SBGS) in terms of legal aspects. Based on the analysis, it is concluded that promising models of educational training of the State Border Guard Service of Ukraine do not contradict the requirements of legislative and departmental regulations, in particular, the Laws of Ukraine «On Military Duty and Military Service», «On Education», «On Higher Education», «On Amendments to Certain Laws of Ukraine on Military Education and Science», Regulation on Higher Military Educational Institutions, approved by the Resolution of the Cabinet of Ministers of Ukraine, and Standards of Higher Education approved by orders of the Ministry of Education and Science of Ukraine. It is substantiated that the implementation of promising models of educational training of the staff of the State Border Guard Service of Ukraine will contribute to the professionalization of professional performance of tasks as components of the security and defense sector of Ukraine. It is warned that the introduction of leadership courses in the training of border guard officers should take place through the balanced development of such leadership courses that would take into account the specifics of the tasks assigned to the SBGS, as well as probable scenarios for the use of SBGS personnel in the interests of the performance of the tasks of the components of the defense sector. It is shown that it is necessary to take into account the experience, traditions of the military school, national peculiarities of the formation and development of the national Armed Forces and other military formations of Ukraine in the formation of updated training programs for border officers. The assessment of the effectiveness of the implementation of promising models of educational training of the staff of the State Border Guard Service of Ukraine in terms of legal aspects contributes to the decision on the feasibility of implementing perspective models.","PeriodicalId":106913,"journal":{"name":"University Scientific Notes","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115422600","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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