bluuebunny/crossref_metadata_2025 huggingface dataset:
ON THE PROBLEM OF DEFINING "ADMINISTRATIVE SERVICES IN THE FIELD OF HEALTHCARE"
Authors:   Taras Shevchenko National University of Kyiv, Matseliуkh I. , Musienko A. ,   Taras Shevchenko National University of Kyiv
Published: May 2022

The publication addresses the analysis of the content of the category "administrative services in the field of healthcare" in the scientific literature and domestic legislation. The content of the definition of "administrative services" is considered separately. There are several approaches to understanding these concepts. Emphasis is placed on the positions of modern Ukrainian scientists who have studied this issue. It is claimed that in the modern domestic literature there are two approaches to understanding the meaning of "administrative services". The first considers them through the prism of legal relations that arise from the exercise of subjective rights of a natural or legal person in the process of public authority of the administrative body. The second approach focuses on the activities of authorized executive bodies, local governments, and their officials, which is carried out on a declarative basis. The signs of administrative services include normativeness, initiative, targeting, compliance of the subject with the regulatory requirements specified by law, procedural nature, and legal design. It is stated that it is expedient to use the category of "administrative services", which emphasizes their content and service function of the state. It is conceived as a service provided by the relevant executive authorities, local governments, and their officials to meet the needs and legitimate interests of individuals or legal entities, that consists in the legalization of the relevant subjective rights. The theoretical and legal content of the definition of "health care" is analyzed. It has been stated that there is a narrow approach to understanding in the domestic scientific literature, which translates the term only to health care professionals who practice medicine, and a broad one, which considers health care as a key element of national security. The author's concept of "health care" is given. Its content includes not only the activities of medical institutions aiming at restoring health, but also a set of government measures aiming at preventing disease and preserving the lives and health of the population. It is proposed to enshrine at the level of domestic legal framework, the concept of "administrative services in the field of health care", particularly, the services provided at the request of a natural or legal person, relevant executive authorities, local governments, their officials, institutions of healthcare, that consists in issuing an administrative act for the purpose of legalization of the conditions necessary for the prevention of morbidity, preservation of life, restoration of physical and psychological health of the population. Keywords: administrative services, health care, administrative health services, definition
SPECIFIC ISSUES OF JUDGMENTS ENFORCEMENT IN VIEW OF SHORTAGE OF JUDICIAL OFFICIALS
Authors:   Taras Shevchenko National University of Kyiv, Khotynska-Nor O. , Snidevych O. ,   Taras Shevchenko National University of Kyiv
Published: May 2022

The article envisages a system and sequential analysis of one of the aspects referring to the issue of shortage of judges in courts, inherent in the current stage of development of the judicial system of Ukraine. The authors set a goal to answer the question of resolving the situation of judgment enforcement, in the event that a judge who took the judgement had no powers to administer justice. To achieve this goal, the general dialectical method of scientific cognition, as well as the special methods, namely, the logical framework method, the systems analysis method and modelling method, were used. Thus, due to application of the latter, various modifications of the situation, being important for solving the problem, have been proposed. Particularly, this refers to: (a) absence of the judge's powers (due to temporary suspension for a certain period or expiry of the term, for which he/she was appointed) to administer justice; (b) if justice has not been administered in court due to absence of judges. Achieving the mentioned goal necessitated clarification of the legal nature of judgement enforcement. Such necessity is also associated with the defined assumption of the possibility of issuing and signing enforcement documents by court officials, which was further refuted by justifying the procedural, but not the administrative nature of legal relations arising from the process of resolving the issues related to execution of judgements. Based on the system analysis of the provisions of the current legislation, it was concluded that: 1) if the judge who considered the case in the court of first instance was temporarily suspended from administering justice or if his/her term of office expired and the relevant court has judges having the right to administer justice, such cases of resolving the issue of enforcement of their judgements shall be transferred for automated case reallocation by a reasoned order of the court administrator in accordance with Part 7 of Article 33 of the Civil Procedure Code. In this case, the writ of execution shall be signed by the judge who was determined as a result of such allocation; 2) if there are no judges in the court authorized to administer justice (irrespective of the fact whether there are judges in the court who hold administrative positions), or if there are no judges in the court and justice has not been administered, the case of resolving the issue of judgement enforcement shall be transferred for consideration to another court on the basis of clause 2 of Part 1 of Article 31 of the Civil Procedure Code in accordance with Part 4 of Article 31 of the Civil Procedure Code. Keywords: court, execution of a judgement, judgement enforcement, composition of the court, powers of the judge, issue of the enforcement document, termination of the court's work
LEGAL STATUS AND QUALIFICATION REQUIREMENTS FOR REHABILITATION PROFESSIONALS IN THE FIELD OF HEALTHCARE
Authors:   Taras Shevchenko National University of Kyiv, Vakhonieva T. , Sinyova L. ,   Taras Shevchenko National University of Kyiv
Published: May 2022

The article examines the features of the legal status of specialists in the field of rehabilitation and determines the place of rehabilitation services within the scope of health care. Rehabilitation professionals are seen as a separate category of health professionals who, on the one hand, provide care that differs in content from medical care, but on the other hand is in many cases inseparable from medical care and is provided by rehabilitation professionals along with the medical staff. The qualification requirements to rehabilitation specialists established by the legislation are determined depending on the sphere and type of rehabilitation activity. Rehabilitation workers include professionals and specialists who work on the basis of an employment contract in the field of medical and social rehabilitation, which are: doctors of physical and rehabilitation medicine, physical therapists, occupational therapists, speech and language therapists, prosthetic and orthotic specialists, psychologists, psychotherapists, physical rehabilitation nurses, assistants to physical therapists and occupational therapists. Health care reform has led to the formation of a new system of rehabilitation services, the introduction of new approaches to rehabilitation care, improving skills and other requirements for rehabilitation professionals, which should improve the quality of such care and improve the situation in health care and social protection. The procedure for providing different types of rehabilitation care, mechanisms of interaction between specialists of different specializations and specialties, responsibility for the results of the multidisciplinary rehabilitation team, detailing the conditions for providing rehabilitation care at different levels of health care and to different categories of citizens need further study. Keywords: rehabilitation services, rehabilitation assistance, specialists in the field of rehabilitation, qualification characteristics, professional activity in the field of rehabilitation
ON THE WAY TO IMPLEMENTING THE PRINCIPLE OF THE BEST INTERESTS OF A CHILD DURING MEDIATION: UKRAINIAN EXPERIENCE
Authors:   Taras Shevchenko National University of Kyiv, Izarova I. , Krychyna A. ,   Taras Shevchenko National University of Kyiv, Mucha J. ,   Adam Mickiewicz University in Poznan, Tsibulko A. ,   University of Warsaw
Published: May 2022

The adoption of the Law of Ukraine "On Mediation", which defines the legal basis for mediation as an out-of-court procedure for resolving a conflict (dispute), remains issues of child participation in this procedure remained unresolved. However, such experience in the activities of mediators is, which was confirmed during a survey conducted on a questionnaire prepared within the project "Implementation of the principle of the best interests of the child in mediation in matters concerning the exercise of parental authority and contacts" under the leadership of Professor Joanna Mucha, Adam Mickiewicz University in Poznan, which was carried out jointly by Ukrainian and Polish scientists during 2021. The stage of this project is to conduct similar research in Lithuania. The purpose and objectives of the study are to determine the specifics of the mediation procedure on issues related to the interests of the child and with the direct participation of the child. The article presents and analyzes the results of a survey conducted among Ukrainian mediators working with parties in conflict over the interests of children and the performance of their duties by parents or persons replacing them and who expressed a desire to settle the dispute out of court. The specifics of the choice and application of certain methods by mediators to ensure the clarification of the child's opinion on issues that are the subject of discussion in the procedure, without additional psychological burden on the minor or juvenile. The attitude of mediators to certain methods for their application is analyzed, considering the age of the child, his psychological state and emotional maturity. Provision and observance by mediators of the principles of mediation with the personal participation of the child in the procedure. The article concludes that mediation as the alternative dispute resolution can be an effective tool for implementing the principle of ensuring the best interests of the child. If it is necessary to conduct mediation with the direct participation of the child, the entities that ensure its conduct, should be more careful in choosing the person of the mediator, considering his or her possible specialization, specialized training. Keywords: protection of children's rights; mediation; child-friendly justice; parents' rights; representatives of the child.
SHEVCHENKIANA ON THE PAGE OF SUCHASNIST JOURNAL
Authors:   Taras Shevchenko National University of Kyiv, Bandura H. O.
Published: May 2022

The article provides an overview of the Suchasnist Journal publications, dedicated to the life and work of T. Shevchenko. It is stated that articleson T. Shevchenko and his heritage were published in many Journal sections. Various in their subject, they were united in their rejection of the official Soviet Shevchenko studies, which, in their turn, generally regarded the emigration researchers works as «bourgeois-nationalist falsifications». The «History of Literature, Criticism, Art, Culture» section contained articlesby B. Kravtsiv devoted tothe "mainland" Shevchenko studiesanalysis, as well as articles by D. Koziy, L. Plyushch, O. Ilnytsky, M. Pavlyshyn, B. Rubchak, etc., devoted to the Shevchenko'spoetry. The art criticism aspect of T. Shevchenko's works is developed by I. Fizer, D. Darevych (painting and graphics), V. Revutsky (theater criticism), S. Maksymyuk (Shevchenkiana discography). The problem of direct and indirect, personal and creative relations of T. Shevchenko with his predecessors, contemporaries and successors is considered in articles by P. Odarchenko (G. Skovoroda, I. Kotlyarevsky, P. Grabovsky, Lesya Ukrainka) and Yu. Lutsky (P. Kulish). The Journal readily published articles by T. Shevchenko studies foreign researchers, including Z. Markevich (T. Shevchenko in the Polish-Ukrainian relationscontext), E. Yendzhevich (reviews of poet's works in Polish translation). The problem of T. Shevchenko's works translationswasraised in articlesby O. Kravchenyuk, B. Kravtsiv, K. Nakai. The editorial staff systematically analyzed new Shevchenko studies editions in such Journal sections as «Criticism and Bibliography», «Reviews, Criticism», «Reviews, Annotations»(reviews by B. Kravtsiv, T. Karyshova, D. Chuba, etc.).
Research of the Activities of the Feodosian Mint in the Numismatic Historiography of the Imperial Time
Authors:   Department of Historical, Archeological, Informational and Archival Affairs of the Central Ukrainian National Technical University, Sustrietov Anatoly
Published: May 2022

The article analyzes the historiography of the 19th century concerning the problems of the functioning of coin production in Feodosia in the 1780s and the existence of the Tauric coin. The autor highlights the position of the researchers as for the location of the mint, the purpose and reasons for its foundation, the location of the production of copper and silver Tauric coins, their role in the monetary circulation of the region and the empire in general. It has been established that basic research on the outlined issues came to light in the times of the Russian Empire in the 19th and early 20th centuries. The first to mention some of the aspects of the mint activity in Feodosia, the minting of Tauric coins, were A. Skalkovsky (who mentioned the founding of a new mint because the previous one had been destroyed earlier), Baron S. de Schoduar (who mentioned the minting of silver coins on honor of the milestone and empress, characterized the look of the coins, occasionally noticed a copper coin). At the end of the nineteenth century. the most thorough, systematic and fundamental research of that time was carried out by V. Smirnov. In his work, which relied on a large array of Turkish language documentation and archival sources, he raised questions about the causes of the foundation of the mint (exclusively as a favor of G. Potemkin), revealed problems that the leadership of the court encountered during the preparation for coin production and later during directly producing the coins, pointed to the denominations and the total number of coins, analyzed the problem of the origin of the silver Taurian coin (in his opinion it was not minted in Feodosia), wrote about the general contribution of the mint to the Empire coin circulation. The research of P. Winkler is also one of the most systematic and complex. He wrote about the facts of abuse during the purchase of raw materials, about the causes and circumstances which caused the delay of the launch of the Mint for a long time. At the end of the XIX century. and in the early twentieth century. A number of catalogs by I. Lyubomudrov, V. Petrov, H. Gil, A. Ilyin, and I. Tolstoy were published, where coins were described, their rarity was characterized, and their value among collectors at that time was indicated.
Kyiv national university of trade and economics,Chair of Philosophy, Sociology and Political Science
Authors:   Kyiv national university of trade and economics,Chair of Philosophy, Sociology and Political Science, Hubytskyy Lyubomyr
Published: May 2022

The state treasury has been and remains one of the first concerns of either state rulers or civil servants. Revenues to the treasury are conducted through the taxation of citizens engaged in production and services. Some taxpayers use ways to evade taxes. Illicit trade has been an important segment of tax evasion for people involved in services and trade. The Russian authorities issued legislative acts, in particular, imperial decrees in order to prevent this illegal activity. In the 1790s, trade transactions were determined by customs tariffs and imperial decrees of Catherine II and Paul I. Ports, customs, communication lines, the process of transportation, registrations, sale of goods were regulated. The Russian legal framework encouraged both to the effective work of customs and to the active involvement of the population of border settlements. Financial and monetary rewards remained the main incentive in the fight against illegal, uncustomed import of goods. Citizens (subjects) who were able to detect illegal goods received the entire consignment of goods after paying all duties. Smugglers found guides for unsanctioned crossing the border among the population of border villages, avoiding state restrictions, using means of transport available at the end of the 18th century (animal-powered transport). Customs, which had remained from the time before the Partitions of the Commonwealth, were located on the territory of Kyiv Province. Customs controlled land and river communication lines. Customs and supervisory bodies, namely local police and trade representatives of state city magistrates were involved in anti-illicit trade activities. The documents recorded cases of fictitious payment of duties by merchants who crossed the state border and the customs area of Kyiv Province. The state and personal interest was sufficient for the risks taken by customs officers, residents of border villages and merchants involved in illicit trade.
The role of the modern museum in the process of forming social capital
Authors:   Taras Shevchenko National University of Kyiv, Zubar Mykhailo
Published: May 2022

The article considers the process of significant functions expansion of museum institutions in the context of «New museology» and their role in the formation of social and cultural capital. The author emphasizes that the transformation of museums into educational and leisure centers, a kind of tourist markers of cities and regions, leads to the fact that these institutions are gradually becoming an important place, strengthening family, friends and other social ties. As a result, it promotes the establishment of new social contacts, the creation of networks of cooperation and connections between people and groups with similar interests. It is emphasized that by becoming places for human interaction, gathering different communities around them, modern museums are becoming centers of public communication, informal communication and education. They begin to function as an infrastructure of social capital. The author pays attention to the concept of «third place» by R. Oldenburg, in the context of its adoption and adaptation by modern museums. There is a definition of «third place» and its role in the creation and strengthening of social capital. In accordance with the features formed by R. Oldenburg in his theory, author gives examples of spaces of modern narrative Polish museums, which function as «third places». The article analyzes the process of departure of modern museums from positioning themselves exceptional as places of knowledge or aesthetic pleasure and the transformation of modern museums into centers of public life and public mediators. As a result, institutions are trying to pay more and more attention to the expectations and comfort of the audience, positioning themselves as a meeting place that equalizes the social status of people and removes barriers to communication. The author concludes that museums are becoming an important point in the formation of cultural capital, which generates social networks that include people with similar education, tastes, cultural tastes.
Animation as a tool of Soviet political propaganda and a form of preserving Ukrainian culture and language
Authors:   Taras Shevchenko National University of Kyiv, Kryshtopa Mariia
Published: May 2022

The article explores the problem of the dual status of Ukrainian animation in the context of its historical development due to various cultural, economic and political reasons. In the pre-war period animation was an instrument of political propaganda of the Soviet government, which tried to recreate its ideological positions in it, or animation became simply an advertising means of demonstrating the achievements of the Soviet government. Thus, the attitude to it as a manifestation of a creative idea is complicated, and therefore in the middle of the twentieth century, the genre itself is declining. Its revival took place in a more liberal period, and therefore gives a little more opportunity to demonstrate the creative ideas of artists of this period. This is due to technical development, the opportunity for Soviet animators to use the modern achievements of Western film studios. Already in the second half of the twentieth century animation acquires unique features, Ukrainian flavor with its folklore, language and culture, although the plots are still under strict censorship. In fact, the binary nature of Ukrainian animation as a means of propaganda and at the same time creative realization of artists can be traced throughout its existence, from 1927, which is considered the year of origin of Ukrainian animation, to the present day. Those characters, created in the second half of the twentieth century, were remembered for their uniqueness and brightness, unique style of artistic image and originality of technical performance. The difficulties associated with the shortage of professional equipment, qualified personnel, were offset by creativity and creative abilities, unusual plots and unique ways of their implementation. The peculiarity of this study lies in a new look at Ukrainian animation as a mirror of political, cultural, economic processes, in the analysis of cultural elements reproduced by filmmakers, features of the Ukrainian language, traditions. The study provides an explanation of the reasons for the state of Ukrainian animation that we have today, because they are hidden in the process of its formation in the twentieth century.
The work of pupils in the Ukrainian SSR in the second half of the twentieth century: compulsion, coercion or prestige?
Authors:   Donetsk regional institute of postgraduate pedagogical education, Lavrut Olga
Published: May 2022

Society becomes progressive due to the dedicated work of its members, whose activities are aimed at the development of various spheres of life. Adults involve the younger generation from an early age. The second half of the twentieth century in the Ukrainian SSR was no exception. The republic had its own peculiarities of development, which were conditioned by the party-soviet essence of existence. The latter regulated life in society, creating the appearance of a country of «prosperity». Everyone had to take part in it. As the Soviet Union regulated the struggle against the «exploitation of workers», the state resorted to formal reinforcement and demonstrative demonstration of care for the population. It created a legal basis for this, which also applied to children. There was always propaganda in the country about the need to work and the fight against «parasite elements». Radio, movies, posters, advertisements and more were involved. The school did not stand aside. It remained an important element of public policy, and at the same time a social institution with its subjects, objects and powerful potential. Not surprisingly, the disciples became an active participant in this. Appropriate measures were taken for him, through him and him. On the one hand, he was proved the importance of participation in the public life of society, on the other hand, he was used as a physical and moral potential to achieve the goal. The students planted, cared for and harvested on collective and state farms. They had their own responsibilities, worried about the future harvest. There were also regional peculiarities in this regard. In some regions, for example, there were without forestry. The desire to help and work was present in the children. Competitive aspects remained, which encouraged the improvement of the children’s team and cooperation with various economic and social structures. Children became members not only of their own (school or class) team, but also felt members of the local or industrial community.
Affective disorders and сognitive impairment in the early stages of Parkinson’s disease
Authors: Makhmudova Gulnara  Zh. , Vellovich Niinoya  I.N. , Shirshova Elena V.
Published: May 2022

Background: Parkinson's disease (PD) is an age-related neurodegenerative disease in developed countries. The prevalence of PD ranges from 41 per 100,000 in the fourth decade of life to more than 1,900 per 100,000 in people over 80 years of age. Neurodegeneration associated with Parkinson's disease probably occurs several decades before the onset of motor symptoms. Affective and cognitive impairments are one of the most frequent non-motor manifestations of PD, which can lead to a number of adverse outcomes. Aim: to evaluate affective and cognitive impairments in patients at the early stages of PD. Methods: 61 patients with PD participated in the study. All the participants were divided into two groups depending on the presence or absence of a diagnosis of depression verified by psychiatrists: Group 1 was the main group (n=48), group 2 was the control group (n=13). The control group included patients without depression. The average age of the participants was 62.29.6 years. The analysis of the PD stages was carried out in both groups. In the main group, stage II PD was diagnosed in 75%, in the control group in 31% of patients. The average duration of the disease was 2.51.6 years. A clinical examination was carried out using the Beck depression questionnaire, apathy scale, Spielberger anxiety questionnaire and anxiety assessment scale in PD (to assess emotional disorders), cognitive function assessment scale in PD (SHOBP-Cog, Scopa-Cog), digital symbol replacement test (symbols-numbers test), Montreal assessment Scale cognitive functions (MoCA test), a test for connecting numbers and letters, and a Stroop test (for evaluating cognitive functions). Results: It was revealed that in the early stages of PD, the prevalence of depression, clinically significant apathy, personal and reactive anxiety was high. Significantly higher rates of depression severity, depression level, apathy level and personal anxiety were noted among the patients with stage II PD compared to the patients with stage I PD. There was a marked tendency to a decrease in cognitive functions at stage I of PD, aggravated at stage II of the disease, which was confirmed by the results of the tests: a low level of cognitive functions on the Montreal scale was detected in 52%; 70% of patients, regardless of the PD stage, showed a low rate of completion of the 1st and 2nd parts of the Stroop test for their age; the results of the digital character replacement test were below normal in 75% of cases. Conclusion: The most common affective disorders in the early stages of PD are depression and anxiety. Apathy and depression have a negative impact on the cognitive functions of patients, which worsen with the progression of the disease.
The Effect of Some Meteorological Parameters on Wireless Data Transmission
Authors: TEZCAN Celil Serhan , GÜNDOĞDU Kemal Sulhi
Published: May 2022

It is essential to bring together the data measured in agricultural lands, greenhouses and animal shelters transmit to follow the data online. Wireless and wired systems have advantages and disadvantages. In wired systems, there is a cost of cabling, but data can be transmitted more securely. In wireless systems, system installation is cheap, but there are losses in data transmission. Wireless data transmission carried out in the outdoor environment takes place under surrounding climatic conditions. In this study, the effect of atmospheric meteorological factors on data loss in wireless data transmission system was tried to be determined. For this purpose, the losses that occur during the transfer of the data measured in the greenhouse in Bursa Uludağ University Faculty of Agriculture Research Farm to the office 150 m away are discussed. Temperature, humidity, precipitation, wind speed and atmospheric pressure were used as meteorological parameters, and 4 different frequencies from the civil use frequency range (2420, 2440, 2460 and 2480 Mhz) were used as data transmission frequency. The SPSS package was used for the correlation analysis with the data set. According to the results of the correlation analysis, relative humidity has a statistically significant effect on the data transmission losses at all data transmission frequencies (p
Detection of SARS-Cov-2 N-protein in Mesenchymal Cells of Umbilical Warton's Jelly in Women with COVID-19
Authors: Nizyaeva N.V. , Lomova N.A. , Dolgopolova E.L. , Karapetyan T.E. , Petrova U.L. , Shmakov R.G. , Frankevich V.E.
Published: May 2022

Despite the large number of studies on the new coronavirus infection SARS-Cov-2 characterized by vascular damage on the impact of the virus on the mother-placenta-fetus system remains unknown. The umbilical cord, according to its functional purpose, is a complex of vessels protected from external influences by the embryonic connective tissue –Wharton's jelly. The aim of the study was to detect the structural components of SARS-Cov-2 in the histological structures of umbilicals cord in patients with COVID-19 in the tissues of the umbilical cord of women with COVID-19. The main group included 40 pregnant women who were treated at the academician V. I. Kulakov National Medical Research Center for Obstetrics, Gynecology and Perinatology (March-April 2020) with a confirmed diagnosis of COVID-19 (according to the positive PCR test of a nasopharyngeal swab) and 40 pregnant women of the comparison group, without clinical symptoms and laboratory tests, including the negative PCR test. As a result of the immunohistochemical study of the umbilical cord with primary antibodies to the SARS-Cov-2 N-protein in the COVID-19 group, staining of the cytoplasm of fibroblast-like cells and single macrophages Wharton's jelly was detected (p<0.05). In the group of women without coronavirus infection no staining in Wharton's jelly cells was detected. The probable persistence of viral particles in mesenchymal cells and macrophages of the Wharton's jelly in the umbilical cord can be important for establishment new aspects of influence COVID-19 on the mother-placenta-fetus system. Our results suggesting persistence of COVID-19 viral proteins in mesenchymal cells of the umbilical cord could be an important in establishing new pathogenic mechanisms for the fetal protection against viruses.
Estrategia y transformación de las univerdades: un enfoque para el gobierno universitario
Authors: Hilbert Martin , Jalife Villalón Salma , Rodríguez Armenta Carmen Enedina , Ruiz Martínez Pedro Miguel , Llorens Faraón , Sánchez Osorio Cinthya Carolina , Chinkes Ernesto
Published: May 2022

¿Qué implica la transformación digital en las instituciones de educación superior (IES) y qué oportunidades ofrece para que sus procesos y vinculación con la sociedad actual mejoren? La era digital enfrenta a las IES con grandes retos y serán solo aquellas que logren aprovecharlas mejor las que tengan más posibilidades de jugar un papel destacado en este contexto, donde los datos son el “nuevo petróleo”. Las empresas más valiosas estudian datos sobre el comportamiento humano y lo convierten en valor económico. Su valor agregado consiste en extraer conocimiento de las observaciones y cambiar dichos comportamientos. Esto es similar a lo que hacen ya las universidades más innovadoras. Las tecnologías de la información y la comunicación (TIC) son impulsoras de cambios sociales significativos que generan desafíos inéditos, pero son también estas mismas tecnologías las que impulsan soluciones para superar los retos y ofrecen oportunidades únicas. En la presente publicación se explica qué tan lejos ha llegado la digitalización en nuestras sociedades, cómo influye en la enseñanza, cómo los datos cambian el paradigma de la investigación, y se analizan algunos de los retos que deben enfrentar en el ecosistema digital. Además, se describe la evolución de las tecnologías y cómo han propiciado un aumento en las capacidades de procesamiento, conectividad y almacenamiento. Se identifican y explican las principales soluciones tecnológicas más disruptivas como puede ser la inteligencia artificial (IA), Internet de las cosas o la realidad aumentada entre otras, con el objetivo de que el lector identifique qué capacidades existen para impulsar la transformación digital en las instituciones. En los últimos capítulos, la publicación se enfoca específicamente en qué implica esta transformación digital para las instituciones de educación superior, e identifica las oportunidades que existen para los procesos de docencia, investigación y vinculación con la sociedad, así como qué servicios brindan las instituciones. Se explica de qué formas pueden abordar las instituciones estas transformaciones desde el propio gobierno de la universidad. Además, se analiza la relación de la estrategia institucional con la estrategia de tecnologías de la información, y cómo trabajar los procesos de toma de decisiones en relación con ellas (denominado gobierno de las TI). Todo ello a través de recomendaciones y buenas prácticas que faciliten su aplicación en las IES. Esta publicación está dirigida principalmente a las autoridades de las instituciones de educación superior, con el objetivo de apoyarles en la difícil tarea de liderar estas transformaciones tan necesarias pero complejas a la vez.
Evasão em Cursos MOOC: um Estudo de Caso
Authors: Rodrigues Maria Luiza Ledesma , Maltempi Marcus Vinicius
Published: May 2022

Esta pesquisa investigou os motivos que levaram os estudantes à desistência do curso Lei das Íguas, oferecido pelo Portal de Capacitação da Agência Nacional de Íguas e Saneamento Básico (ANA), configurando evasão. Para atingir esse objetivo, a coleta de dados consistiu na análise do curso e dos relatórios associados disponíveis no Ambiente Virtual de Aprendizagem (AVA), questionário fechado e entrevistas semiestruturadas. A análise dos dados das entrevistas semiestruturadas foi realizada de acordo com a análise de conteúdo e para a sistematização, a triangulação metodológica. Os resultados apontam que os motivos de evasão dos estudantes nesse curso estão relacionados a falta de tempo para dedicação ao curso e problemas familiares.

Palavras-chave: Evasão. Cursos on-line. MOOC.
The Establishment and Development of Objectivity in Civil Proceedings
Authors:   Postgraduate Student of the Department of Civil Procedure of the Saratov State Law Academy, Shiryaeva Kristina A.
Published: May 2022

The article deals with the formation of the concept of objectivity in various historical periods. The article analyzes the definitions of objectivity as a goal, a principle of civil proceedings and requirements for a court. As a result of the work, a conclusion is drawn about the complex content of objectivity as a requirement for the personality of a judge, participants in civil proceedings and a court decision.
Ruling for Suspension of a Statement of Claim: The Content, Adoption and Cancellation Procedure
Authors:   Chief Legal Officer of the Irkutsk Law Company, Gnatko Elena A. , Marinenko Olga I. ,   Senior Lecturer of the Department of Civil Law and Procedure of the Baikal State University
Published: May 2022

The authors have considered the amendments made by the legislator to the Civil Procedure Code of the Russian Federation concerning the abolition of a legal norm, according to which there was a possibility of canceling the ruling of a court of general jurisdiction to leave a statement of claim by filing a private complaint. It is concluded that this novelty of legislation prevents persons who believe that their rights and legitimate interests have been violated to timely protect their constitutional rights and legitimate interests.
On the Legal Meaning of Decree of the Constitutional Court of the Russian Federation No. 30-П for the Civil Procedure Institution of Reconsideration of Court Rulings upon Newly Discovered or New Evidence
Authors:   Head of the Department of Arbitral Procedure of the Saratov State Law Academy Head of the Department of Theory and Branch Issues of the Legal Policy of the Saratov Branch of the Institute of State and Law of the Russian Academy of Sciences Member of the Scientific Advisory Board under the Supreme Court of the Russian Federation LL.D., Professor, Afanasyev Sergey F.
Published: May 2022

The article analyzes the problem of revising court decisions that have entered into legal force on new circumstances in cases of persons who were not participants in constitutional proceedings. An important legal position of the Constitutional Court of the Russian Federation, which it recently formulated in the Resolution of June 26, 2020 No. 30-P, is being studied. The significance of this resolution for the further improvement of the civil procedural institute of revision of judicial acts that have entered into legal force on the basis of newly discovered or new circumstances is evaluated. The purpose of this study is to address individual issues related to the creation of an effective procedural mechanism for reviewing court decisions that have acquired legal force in relation to the subjects of material legal relations who did not take part in the constitutional proceedings. It is stated that such a mechanism should, on the one hand, guarantee the inadmissibility of any form of post-appeal appeal, which is generally focused on correcting legal errors made at the time of the consideration of the case on the merits, and on the other hand, ensure the nullification of the legal force of a judicial act. A comprehensive and complex theoretical and practical study of the chosen topic was carried out using general scientific (logical (induction, deduction, analysis and synthesis), systemic and functional) and private law (historical legal, formal legal, comparative legal) methods.
On the Need for the Unification of Provisions of the Institution of Parties to a Case in Procedural Branches of Russian Law
Authors:   Associate Professor of the Department of Law, Psychology and Education of the Ulyanovsk State Agricultural University named after P.A. Stolypin, PhD (Law), Artebyakina Natalya A.
Published: May 2022

The article provides a comparative characteristic of the institution of persons participating in the case, three branches of Russian law: civil procedural, arbitration procedural and administrative procedural law. The greatest similarity of institutions is observed in the RF CPC and RF APC. However, neither in the Code of Civil Procedure of the Russian Federation, nor in the Arbitration Procedure Code of the Russian Federation, among the persons participating in the case, the recoverer and the debtor in cases on the issuance of a court order are not named. The content of the norms of the CAS RF, at first glance, allows us to conclude that the decision on the composition of persons participating in the case is quite logical and agreed with the Code of Civil Procedure of the Russian Federation and the Arbitration Procedure Code of the Russian Federation. However, the analysis of the norms of this institution within the framework of the CAS RF leads to the opposite result: the author considers it incorrect to use the terms “parties”, “plaintiff”, “defendant” in relation to participants in legal proceedings when considering “public cases”. An assessment of the institution of persons participating in the case in cases of administrative offenses is given.
Uncollectible Debt of an Individual Bankrupt: Shortcomings of the Legal Regulation and the Law Implementation Practice
Authors:   Professor of the Department of Management of Activities of Public Order Maintenance Subdivisions of the Management Academy of the Ministry of the Interior of the Russian Federation LL.D., Associate Professor, Mironov Anatoly N. , Mironova Yulia P. ,   Partner at Bankrupt Expert Law Center, PhD (Law)
Published: May 2022

The article analyzes the legal nature of the status of a citizen’s debt, which is considered to be repaid as a result of bankruptcy proceedings. The article considers the relationship between the purpose of bankruptcy legislation and the general rule on the release of a citizen from fulfilling obligations to creditors. The shortcomings of legislation and acts of generalization of judicial practice are revealed, creating prerequisites for violation of the rights and legitimate interests of a bankrupt citizen. Specific legal conflicts and gaps that contribute to the incorrect interpretation of legislation by creditors are highlighted. An assessment is given of the legality of the assignment of the right of claim in relation to the repaid debt, as well as the legality of measures to recover it. Practical recommendations are offered to prevent violations of the current legislation related to succession in relation to the debt of a bankrupt.
The Challenging Issue of Obtainment of a Consent of an Official Receiver for the Approval of the Debtor’s Property by a Financial Manager within the Framework of a Private Bankruptcy Procedure
Authors:   Assistant Judge of the Commercial Court of the Krasnoyarsk Territory, Stepanenko Ilya V.
Published: May 2022

In the article the author reveals the relevance of the problem of insolvency trustees’ consent to be approved as a financial manager in consumer bankruptcy proceedings and, having identified common features of the status and functioning of the advocacy and self-regulated organizations of arbitration managers, makes proposals to change the current legislation in terms of developing a mechanism for approval of financial managers, by analogy with the mechanism of appointment of defence counsel in criminal proceedings.
Aims of the Civil Procedure in Russia and France: Common Features and Differences
Authors:   Associate Professor of the Department of Civil Procedure Law of the Rostov Branch of the Russian State University of Justice, PhD (Law), Samsonov Nikolay V.
Published: May 2022

In this article the author conducts a comparative study of the target attitudes of the civil procedure in Russia and France. We determine the hierarchy of target attitudes of the Russian civil law process. The article substantiates that strengthening the rule of law and law and order, prevention of offenses, the formation of a respectful attitude towards the law and the court are additional goals of civil proceedings, cannot be achieved separately from its main goal — the protection of violated rights, freedoms and legitimate interests of persons whose dispute is subject to consideration in court. We note the commonality of the main goal of the Russian civil and arbitration processes, as well as administrative proceedings. We reveal the implicitly fixed goals and objectives of civil proceedings in France. We make the conclusion about the similarity of the goals of the French justice in civil cases, hidden in the national law, and the goals of the Russian civil procedure directly enshrined in the law.
The Burden of Proof in Contestation of a Loan Agreement in View of Its Unfundedness: Tendencies and Problems
Authors:   Associate Professor of the Department of Entrepreneurial and Labor Law of the Regional Open Social Institute, PhD (Law), Salikhova Maryam A.
Published: May 2022

The article reviews the peculiarities of contestation of a loan agreement for the reason of to its unfundedness. Unfortunately, the civil law science has a large number of issues concerning invalid transactions that have not been definitely solved yet. The law enforcement practice in some issues is also quite contradictory. The article reviews relevant issues of the burden of proof in contestation of a loan agreement in view of its unfundedness, makes a comparative analysis of the judicial practice of general jurisdiction and commercial courts in this dispute category. The author concludes: — It is necessary to achieve the unity of positions of general jurisdiction and commercial courts in the issue of submission of evidence on the financial opportunity to secure a loan agreement by a creditor without limitation to the presence of a loan agreement executed by the parties or imposition of the burden of proving of unfundedness of such agreement only on the borrower as is customary in general jurisdiction courts; — It is necessary to amend the Civil Code of the Russian Federation that has an enshrined provision that in the event of being deceived or threatened, the person can rely on witness testimony irrespective of whether the creditor has been earlier brought to criminal liability for deception or a threat of violence; — The court has sufficient official powers to evaluate the creditor's actions in the form of deception or a threat of violence and acknowledge them as such in the conclusion of a loan agreement within the framework of civil and arbitral proceedings and without the borrower's prior address to law enforcement authorities. The conclusions and proposals of the study can help the legislator in a more efficient reformation of laws on transaction contestation including in view of the unfundedness thereof, and be valuable for further research in the sphere of civil and competition law and related fields of knowledge, in the development of scientific and practical materials in civil and entrepreneurial law, arbitral procedure for lectures and practical classes.
Psychological Reasons for the Resistance of Attorneys to the Introduction of Digitalization
Authors:   Associate Professor of the Department of Advocacy of the Kutafin Moscow State Law University (MSAL), Member of the Chamber of Judicial Experts Named after Yu.G. Korukhov, PhD (Psychology), Skabelina Larisa A.
Published: May 2022

The article is devoted to the problems of psychological resistance of some lawyers to introduction of digital tools into their professional activities. It examines open and hidden, passive and active forms of resistance based on prejudice and real risk. The author provides recommendations for reducing and overcoming resistance to digitalization.
Some Aspects of the Improvement of the Administrative Legal Regulation of Strategic Planning within the Framework of the Constitutional Reform in the Russian Federation
Authors:   Honored Lawyer of the Russian Federation Head of the Department of State and Legal Disciplines of the Institute of Public Administration and Civil Service of the Russian Presidential Academy of National Economy and Public Administration LL.D., Professor, Chepurnova Natalya M. , Ischenko Aleksandr A. ,   Postgraduate Student of the Department of State and Legal Disciplines of the Russian Presidential Academy of National Economy and Public Administration
Published: May 2022

The article describes the legal grounds for strategic planning in the Russian Federation, analyzes problems of its implementation and the importance of coordinated interaction of parties to the strategic planning process both horizontally and vertically in the public administration system, justifies the relevant character of a change in the approaches towards strategic planning on the modern stage of the socioeconomic development of Russia and the need for full participation of the state in the elaboration of development strategies and plans, ensuring cooperation and coordination between parties to this procedure. The author concludes that it is impossible to solve pressing problems in the economy, national economy, industrial production and the development of the socioeconomic welfare of the society without a system approach and the development of the required regulatory framework, justifies proposals for the improvement of laws on strategic planning, expansion of the number of its participants.