bluuebunny/crossref_metadata_2025 huggingface dataset:
Criminal Law Analysis of Iatrogenic Crimes and Practice of Applying the Norms of Criminal Law, Providing Responsibility for their Commission
Authors:   Central Branch, Russian State University of Justice, Voronezh, Russian Federation, Ivanchenko R. B. , Zaryaev V. A.
Published: January 2021

Introduction. Caring for the health of citizens is the most important task of any state, and the article 41 of the Constitution of Russia directly establishes the right of everyone to protection of health and medical care. Despite the noble and humane mission that medical workers are called upon to carry out, helping people and saving their lives, the problem of medical errors (iatrogenic) leading to tragic consequences has clearly indicated its presence recently. The high public danger of such phenomena causes the need for their criminal law assessment. The problems that arise in this case are connected, first of all, with a diverse understanding of the essence of medical errors and iatrogenic crimes, the lack of uniformity in the application of the criminal law establishing liability for their commission. Theoretical Basis. Methods. The article is based on the analysis of Russian and foreign criminal, administrative, civil legislation, court sentences and decisions, scientific publications in Russian and foreign publications. In addition, expert opinions, doctrinal ideas and opinions on the topics of this work were used. In the process of preparing the article, a number of general scientific and private scientific research methods were used. Results. The article discusses issues related to the specifics of the criminal law assessment of acts committed by medical workers in the process of professional activity. The positions of specialists are given regarding the definition of this specific group of crimes, the author’s vision is formulated on the classification of specific socially dangerous acts as “iatrogenic”. The current legislation in the field of health care is examined, which makes it possible to concretize the terminology used in the articles of the Russian Criminal Code providing liability for iatrogenic crimes. The judicial-investigative practice of applying the indicated norms of the criminal law is analyzed, the problems of qualification of such acts are revealed. Discussion and Conclusion. In conclusion, the authors differentiate such concepts as “medical error”, “accident”, “iatrogenic crime”, determine that the deliberate commission of an iatrogenic crime should be assessed either according to the rules on the circumstances that exclude the criminal act, or as a general criminal act; designate a circle of crimes defined as “iatrogenic”; come to the conclusion that the solution to the problem of counteraction to iatrogenic crimes cannot be associated with the intensification or expansion of criminal repression.
Digital Transformation of Russian Criminal Proceedings
Authors:   Russian State University of Justice, Moscow, Russian Federation, Markovicheva E. V.
Published: January 2021

Introduction. Currently, in most states, criminal process undergoes a transformation under the influence of digital technology. However, compared to other types of legal proceedings, criminal process is more conservative and less inclined towards the modernization of information. Despite this, problems of digitalization of criminal proceedings are being actively investigated by scientists. In some states, practical use of digital technologies in criminal proceedings has already been attempted, which requires study. Theoretical Basis. Methods. The theoretical basis of the study was Russian and foreign scientific works in the field of criminal procedure law, devoted to the problems of introducing informational technologies into criminal proceedings. Comparative legal analysis revealed the general directions in the digital transformation of the criminal process in modern states. Based on the formal legal method and general scientific methods, the features of the consideration of criminal cases by the courts in the context of the active introduction of new technologies are investigated. Results. The article reveals promising directions for introducing digital technologies into the Russian criminal process. The impact of the COVID-19 pandemic on the activity of courts for the examination of criminal case materials is assessed. Discussion and Conclusion. The digitalization of criminal proceedings ensures their optimization and can transform the mechanisms of protecting and ensuring the rights of participants in the process. Modern technologies can be used during certain stages of criminal proceedings and in the making of procedural decisions both in judicial and in pre-trial stages. However, further scientific research of the issues under consideration, as well as preparation of conceptual suggestions to the legislator with the purpose of changing the norms of the current criminal procedure law are necessary.
Integrative Approach in Law Understanding: the History of the Origin of Ideas and the Current State
Authors:   Central Branch, Russian State University of Justice, Voronezh, Russian Federation, Palekha R. R.
Published: January 2021

Introduction. Right understanding is the most live, interesting and, at the same time, the uncertain and changeable area of researches which takes the central place as in the general theory of the right, and gains the increasing value in industry jurisprudence that is connected with its considerable teoretiko-methodological and applied potential which is shown in spheres of lawmaking and law-enforcement activity. Thus, right understanding represents research tools of the subject of knowledge which allow to study all range legal and, the based on them, state phenomena for the purpose of obtaining reliable knowledge of state and legal reality. In this regard integrative approach in right understanding which has rich history of the formation and development is of special interest, allows to perceive the right as integrally complete phenomenon, as much as possible retrieves its regulatory abilities and, provides achievement of criteria of scientific research: comprehensiveness, objectivity, historicism. Materials and Methods. In article an attempt of the analysis of integrative approach in right understanding from a position of history of origin of his ideas and assessment of the current state is made. A result of studying of scientific literature, generalization and comparison of the different points of view fat formulation of author’s determination of category “right understanding” and submission of the evidence-based integrative theory of right understanding which as much as possible conforms to requirements of time and has essential regulatory and guarding potential. Results. In article the category right understanding is comprehensively considered, different integrative theories of right understanding from a position of their origin and development are submitted, the value of modern integrative approach in right understanding is shown, perspectives of its further development are evaluated. Discussion and Conclusion. The author comes to the conclusion about the theoretical and methodological consistency and inevitability of the integrative approach in law understanding, which acts as a scientifically grounded type of legal thinking capable of comprehending the law on a truly scientific basis.
Aging Offenders from the Standpoint of Criminal Law
Authors:   North-West Branch, Russian State University of Justice, Saint Petersburg, Russian Federation, Rakhmanova E. N.
Published: January 2021

Introduction. In recent decades, a steady increase in the population of elderly people and a decrease in minors and youth have been reported all over the world. These processes present certain problems, including for the criminal justice system. Most crimes are still committed by persons under the age of 30. However, a demographic shift towards the elderly, particularly, in response to social problems senior citizens are increasingly faced with, may mean that we should expect increased crime on the part of persons aged 50 and older. Although the said processes seem obvious, little attention is still given to the problems of age-related crime. There is not enough data on the extent of crimes committed by the elderly. Theoretical Basis. Methods. In terms of methodology, the study was based on general scientific methods (analysis and synthesis, induction and deduction, a system analysis method) and methods of legal science (methods of comparative law, methods of literal, systematic and historical interpretation of legal norms). The theoretical basis of the work was the scientific works of Russian and foreign experts in the field of criminal law, criminology, psychology, gerontology. Results. Analysis of legislation and scientific literature indicates that no single concept of old age has yet been developed. The criminal law has not provided for a single age limit for several types of criminal liability. At the same time, some scientists suggest that a threshold for age-related liability should be established, elderly age considered a circumstance that mitigates and even exempts from criminal liability, and that a sentence of imprisonment should not be imposed on persons aged 80 and older, etc. Discussion and Conclusion. Analysis the regulatory legal acts of the Russian Federation and judicial practice, existing theoretical provisions has led to the conclusion that the legislator should define the “elderly” age, and first of all, proceed from the principle of the equality of all before the law and the presumption of sanity when determining the criminal legal meaning of the age of a person who committed a crime.
Modern Conception of Combined “ICS”-approach (“Information, Cybernetic and Synergetic”) for Analysis and Optimization of Legal Ergasystems
Authors:   Russian State University of Justice, Moscow, Russian Federation, Lovtsov D. A.
Published: January 2021

Introduction. The lack of a coherent systemology law does not enable the use of evidence-based formalization to solve the basic theoretical problems of law interpretation and enforcement. The development of an appropriate formal-theoretical apparatus is possible on the basis of a productive systemological concept. The justification of this concept is based on the study of philosophical bases and fundamental principles (integrity, dynamic equilibrium, feedback, etc.) and the use of logical and linguistic methods of problem-oriented system approach. Theoretical Basis. Methods. The conceptual and logical modeling of legal ergasystems, the systems analysis and resolution of the theory-applied base of technology of two-tier legal regulation; the synthesis and modification of private scientific results of the author published in 2000–2019, with copyright in the author’s scientific works and educational publications. Results. The contemporary conceptual variant of combined “ICS”-approach (“information, cybernetic and synergetic”) as a general methodology of analysis and optimization of legal ergasystems, as characterized by the following conditions: the substantiation of the appropriate three-part set of methodological research principles, corresponding to the triple-aspect physical nature of the study of complex legal systems as ergasystems; the clarification of the conceptual and logical model of the legal ergasystem taking into account the fundamental feedback principle; the definition of the law of necessary diversity of William R. Ashby is justified and corresponding conditions of realize of effective technology of two-level (normative and individual) legal regulation; the definition of basic concepts and methodological principles of modern systemology of legal regulation; the justification of the functional organization of the Invariant Rational Control Loop. Discussion and Conclusion. A developed conceptual object-oriented version of combined “ICS”-approach for analysis and optimization of legal ergasystems is a methodological basis for the development of a working formal-theoretical apparatus of legal regulation systemology. This will formalize the decisions of the main theoretical problems of law interpretation and enforcement, as well as developing and implementing special information and legal technologies based on the concept of information and functional databases and knowledge. This will in turn ensure the information increases the effectiveness of the system of legal regulation of public relations as an information and cybernetic system subject to the subjective organizing process of human activity and the objective synergetic processes of disorganization.
The Decision of the General Meeting of Members in a Non-Public Business Company: Concept and Types
Authors:   Russian State University of Justice, Moscow, Russian Federation, Andreev V. K. , Kondratiev V. A. ,   Russian State University of Justice, Moscow, Russian Federation
Published: January 2021

Introduction. The article examines the features of holding general meetings of members in non-public business companies, in particular questions about the place of decisions of general meeting in the system of legal facts, their relationship with the deal and the contract. The ability to use digital technology in decision making. Theoretical Basis. Methods. The article is based on an analysis of the norms of positive law, primarily the Civil Code and the Laws on Company Business. Results. The authors conclude that the starting point in the activities of a non-public business company is the acquisition and exercise of their civil rights and the fulfilment of duties, and not a legal relationship that includes civil rights and civil duties as a necessary element. In addition, the decision of a general meeting, despite having many features in common, is not a deal. The decision of a general meeting, acting as an act of individual regulation, is in fact an act of a legal entity, and not a decision of the business community. The authors proposed a classification of decisions of meetings of business entities, depending on the method of their adoption, the possibilities being: the unanimously adoption by all participants of the company; decisions of the meeting of members of a company being adopted by a majority, or a qualified majority, of votes; decisions of the meeting of members of a company to change its charter, reorganization and liquidation of the company, requiring state registration in the unified state register of legal entities. The decision of a general meeting can be made either in person or in absentia, or a combination of the two. The decision of the meeting adopted in absentia will be valid, despite the absence of any special document establishing the procedure for its adoption. Discussion and Conclusion. Decisions of general meetings are actions of participants in a business company concerning legal consequences, including civil rights and obligations, in cases specified by law, and binding on all persons entitled to participate in the meeting, as well as other persons, whether required by law or having some other involvement.
Judicial Decisions in Russian Criminal Proceedings: Current Theoretical and Practical Problems
Authors:   Kazan Branch, Russian State University of Justice, Kazan, Russian Federation, Belyaev M. V. , Kachalova O. V. ,   Russian State University of Justice, Moscow, Russian Federation
Published: January 2021

Introduction. The importance of judicial decisions in criminal proceedings is determined by their observance of the established stages of such criminal proceedings. The quality of judicial decisions determines the fairness of justice, and the ability of the state to effectively protect the rights and freedoms of the individual. Theoretical Basis. Methods. The object of the study is the legal relationship arising, changing and resolving, in connection with the adoption of court decision. The methodological basis of the research is the universal dialectical method of cognition, including observation, methods of analysis and synthesis, structural and functional method. Results. The authors came to the conclusion that the main institutional features of judicial decisions (procedural form, requirements to the content regulated by the law, the procedure for making, binding, special procedure for their verification and review) are determined by their nature, as well as by the specifics of the epistemological activity of the court when making them. Judicial decision making is a complex mechanism consisting of a set of various structural elements that correspond with one another in various multiple direct and indirect relationships. Discussion and Conclusion. Judicial decision as an act of judicial power should reflect its basic properties: independence, regulation and law enforcement, decisiveness and objectivity. Judicial decisions taken together must meet the full requirements of the judiciary. The most important property of a court decision is its compliance with the requirements of legal norms. Among the features of the legal nature of the judgment should include: the relevance of the hierarchy of legal regulations governing its form, its content and procedure, and the proper interpretation of the rules of law applied in making this decision. The validity of the court decision is based on an objective semantic link between the results of the evidence, which are reflected in the descriptive and motivational part of the decision, and the direct conclusions of the court on the merits of the issue under consideration in the operative part. The higher the level of proof required in making a decision and the more clearly regulated the procedure of proof and decision-making – the higher the degree of fairness of the court decision.
Social Danger, Culpability and Punishability as Signs of Oath Violation
Authors: KRAVCHUK Ostap
Published: January 2021

The institution of oath is studied, the signs of oath-breaking are characterized. It is emphasized that a violation of the law (an offense) is not only a subjective guilty behavior, but also an internal psychological attitude, namely the offender’s negative attitude towards legal requirements and protected interests. Guilt stipulates for the subject’s awareness of the meaning of his actions and their consequences, not only as factual circumstances, but also in the sense of their socially dangerous illegal nature. If there is no guilt, there may not be any legal liability, and in this case, it may be a casus. It is noted that it is extremely difficult to determine the guilt in the offense of oath-breaking, and in some cases, it is even impossible, because it is often a subjective assessment. This is also due to the nature of the work performed by civil servants. It is emphasized that the criteria of punishability allows to make a clear distinction between different types of offenses, as each of them has the different degree of responsibility as consequence. Since the institution of oath is within the scope of those social relations that are fundamental in the civil service, given the content of the oath, it is obvious that the social danger of oath-breaking is quite significant and harmful to the state and to people. As can be seen, this act infringes on the foundations and organization of public power, civil service, human and civil rights and freedoms, and can lead to serious violations of certain aspects of functioning of the state, society, and any person. It is concluded that there are some characteristics of disciplinary case in oath-breaking case, namely public harm, which harms the object of the oath. However, it is not possible to state to determine what degree of gravity or harmfulness is inherent in this case, as there is no division of disciplinary cases in the legislation according to the degree of social danger. Although this division can be made on the basis of liability (gravity of punishment) for a particular disciplinary offense (for example, for some offenses the employee may get an admonition, and for others, he may receive a reprimand, and in case of re-offending he may be dismissed, although there are some offences the commitment of which immediately provides an opportunity to dismiss the offender from office and government agency).
Keywords: oath, civil service, civil servant, oath-breaking, social danger, culpability, punishability, legal responsibility.
Certain Questions of the Criminological Concept of the Definition of «Victim of a Crime»
Authors: VYHOVSKYI Dmytro , NIKIFOROVA Tetiana
Published: January 2021

The article gives an analysis of the views of works of the Ukrainian and foreign scientists in the field of some victimological theories, in particular — definition «victim of a crime». Attention applies on the special value of provocative behavior of the victim in a case of commission of some crimes. Attention is drawn to the fact that provocative behavior is not only important for conducting a criminological analysis of a crime victim, but for qualification of some crimes too (for example — articles no. 118 and no. 124 of the criminal code of Ukraine). To achieve the objectives of the article, studies of criminologists were analyzed. Researches of scientists, who considered the problem of defining a «victim of crime» in terms of psychology, sociology, etc. were also analyzed. It has been concluded that criminological victimology (as an integral part of criminology) is a relatively new science. This situation is explained by the lack of interest of researchers in concepts of «victim mentality», «victimisation», «victim of a crime» till to the late 1940s 20th century. The conclusion was made about regularities between humanistic trends in the world and formation of the concept of "victim of crime" in the middle of the twentieth century. The conclusions are based on the study of the importance of victimological teaching in modern criminology science. Most of them are used by modern criminology scientists’ definitions of «victim of a crime». Attention is drawn to the ambiguity of understanding definition «victim of a crime». This is because some scientists suggest identifying «victim of a crime» with a «person, who suffered from the crime». In our opinion, his understanding is wrong. Also it is specified, that «victim of a crime» can be used in a narrow sense (as the person who is directly caused moral, physical or property damage) and in a broad sense (representative of a certain nation, race, religious trend, social group, concerning which a crime directly was not committed, but who cannot feel safe because of spread of these crimes). Keywords: victim mentality, victimisation, victim of a crime, victimological theories.
Analysis of Sentencing Practice for Assault (Part 1 of Article 187 of the Criminal Code of Ukraine)
Authors: POZNIAK Yuliia
Published: January 2021

The article examines the issue of sentencing for an assault under Part 1 of Article 187 of the Criminal Code of Ukraine. 200 sentences passed by the courts of first instance in criminal proceedings under Part 1 of Article 187 of the Criminal Code of Ukraine are analysed. It is established that mostly assaults are committed in similar legally significant circumstances, which can be classified according to certain criteria: type of violence, material damage, the category of victims, and so on. During the research it was found out that the sanction of Part 1 of Article 187 of the Criminal Code of Ukraine provides for a sentence of three to seven years in prison. However, in most cases courts impose a minimum or close to the minimum sentence (3–4 years imprisonment), in some cases — the average sentence (5 years imprisonment). At the same time, courts don’t impose a maximum or close to the maximum limit (6–7 years of imprisonment). This situation is explained by the fact that courts don’t take into account all factors that can affect the punishment: the type of violence, material damage, the consequences for the health of the victim, the category of victims, and so on. Based on the results of the analysis, it’s proposed own approach to sentencing for an assault. However, it was identified cases of unreasonable application of Article 69 of the Criminal Code of Ukraine and the overly lenient sentencing, not provided by the sanction of Part 1 of Article 187 of the Criminal Code of Ukraine. It’s also researched the state of release from serving a sentence of persons who committed an assault, on the basis of Article 75 of the Criminal Code of Ukraine. The analysis provides grounds for concluding that the percentage of cases of application of Article 75 of the Criminal Code of Ukraine is excessive, as well as the tendency according to which under similar circumstances and conditions, one person is sentenced to a real punishment and another to a suspended sentence.
Keywords: punishment, sentencing, assault.
Principle of Equality in Decisions of the Constitutional Court of Ukraine
Authors: АNDRYTS Мariana
Published: January 2021

The article analyzes the implementation of the principle of equality in the constitutional legal proceedings of Ukraine nowadays. It has been established that this principle is reflected in the decisions of the Constitutional Court of Ukraine: 1) equality of citizens before the law, which does not exclude differentiation of legal regulation, is guaranteed by the prohibition of «negative discrimination» and is not absolute in scope; 2) equality of everyone (i.e. citizens of Ukraine, foreigners, stateless persons) before the court, including equality of all participants of the judicial process; 3) equality of citizens in duties, which means their equal subordination to the laws of Ukraine; 4) equality (equal significance) of rights and freedoms, the manifestation of which is the equality of material and procedural rights, the equality of positive and negative rights. On the basis of the analysis of the decisions of the Constitutional Court of Ukraine, a number of «ontological factors» that determine the principle of equality and are considered methodologically important for legal characterization, have been identified. The first of the proposed factors is the sphere of social life, i.e. the part of the public space that has become «discriminatorily vulnerable», and in light of this the legal positions of the Constitutional Court of Ukraine in respect of the principle of equality in the sphere of realization of electoral rights, labor rights, property rights etc. have been systematized. The second factor can be considered the peculiarities (nature) of legal rights that are «in the area of discriminatory risk», which affects the functions of certain legal means of ensuring equality, in particular, the functions of the so-called legislative qualifications. A third reviewed factor is the relationship between human and civil rights. The dependence of the content and scope of the principle of equality on the joint realization of the right to education and the right to free development of one’s personality; the right to housing and freedom of movement and free choice of place of residence. The fourth factor of the substantive content of the principle of equality is the criteria of differentiation of legal regulation, namely, «appropriateness» (economic, political, social), «justifiability in a democratic society» and «relevance». The fifth factor is associated with the specificity of guarantees of ensuring the principle under consideration, among which — «accessibility», «free-of-charge» basis of education and health care. As the sixth factor, the correlation of the principle of equality with other principles of law, in particular, with the principles of justice, freedom, presumption of innocence and inadmissibility to hold a person responsible for refusing to testify against him/her, has been substantiated.
Keywords: rule of law, legal principles, human rights and freedoms, The Constitutional Court of Ukraine, principle of equality.
Objective Truth as a Purpose of Judicial Evidence in Civil Proceedings
Authors: RIABCHENKO Yurii
Published: January 2021

The article is devoted to revealing the peculiarities of objective truth as the purpose of judicial proof, to determine perspective directions of further development of this concept in the doctrine of civil procedural law. It is determined that the current case law is characterized by an assessment of the evidence by the approach or standard of proof «beyond reasonable doubt», in which the circumstance is considered established, if another explanation of the collected evidence is extremely unlikely. It is pointed out that the typical constituents of the subject of proving in the narrow sense it is advisable to determine: 1) the circumstances of the justification of the requirements; 2) circumstances of substantiation of objections; 3) which must be reflected in the court decision. The composition of such circumstances may change during the hearing of the case, and therefore the precise determination of the subject of proof in a particular case is only possible as of the specific course of its consideration. It is asserted about the value by the legislator to outline the range of circumstances that are part of the subject of proof: confirm the stated requirements or objections (or have other significance for the case); combining this with another mandatory feature: to be established when making a court decision. After all, it does not make sense to prove circumstances that will not be reflected in the court decision in connection with the claims or objections. On the other hand, the court decision must reflect all the circumstances that are important for resolving the issue before the court (dispute over the right, procedural issue, etc.). It is stated that true knowledge as the purpose of judicial knowledge is characterized by a combination of the following features: 1) aimed at reflecting the real circumstances of the case; 2) achieved by applying the appropriate, that is provided for procedural law, methods; 3) properly, that is in the manner provided by the procedural law, justified. It is determined that the relation between objective truth and relative (judicial, formal, legal) truth is expressed in the following two theses: 1) the court’s obligation to strive to establish the true circumstances of the case (objective truth), but at the same time proceed from the existing procedural opportunities; 2) the time of existence of procedural formalism as an independent value goes back to the past, including at the level of legislative proposals.
Keywords: objective truth, litigation, civil proceedings, court, competition.
A Program Approach to Solving the Problems of Innovative Development of the Economy
Authors: GERASYMCHUK Vasyl
Published: January 2021

The subject of the study is the assessment of the effectiveness of the application of targeted integrated programs in solving important problems of the country’s innovative development. The purpose of the article is to develop theoretical and methodological approaches, develop recommendations of a methodological and practical nature, aimed to improve the procedure of the formation, adoption and evaluation of the implementation of state targeted programs (STP). The effectiveness of applying the program approach to solving the most important problems of the country’s development is shown by the example of the construction of the Dnieper hydroelectric station. Attention is focused on key success factors in construction: patriotism, faith in the future, high qualification of workers, employees, managers, charisma of the program manager, will and comprehensive support of the state leadership. The analysis of the implementation of STP in Ukraine during 2018-2018 is made. Attention is focused on their chronic failure due to non-compliance with the provisions of the methodology of the program approach in management and methodological recommendations for the development and implementation of STPs. An attempt was made to establish a causal relationship, the interdependence between the quality of preparation of the STPs and the final results of their implementation. Attention is paid to assessing the level of innovativeness of the national economy, the reasons for its decline. The necessity of forming improved mechanisms for system program management is emphasized. It was recommended to improve the goal-setting procedures, the application of the principle of comprehensiveness in planning program activities in conjunction with targets, resources, deadlines, and fixing performers. The importance of strict observance of financial discipline in the implementation of programs, the prevention of the creation of various corruption schemes in the allocation of resources was emphasized. The necessity of improving the system for monitoring the implementation of STP measures is emphasized. It is proposed to consolidate in the legal documents the provisions on the mechanism for the distribution of moral, material and administrative responsibility of officials for the implementation of decisions aimed at timely and high-quality achievement of the established goals of the program and especially when they are not fulfilled.
Keywords: responsibility, state target program, innovative economic development, efficiency of public administration, program-target method of management.
Forecasting, Programming, Planning in Public Administration
Authors: PASTUKH Kateryna
Published: January 2021

In modern conditions, problems of social and economic development in Ukraine explains the need to pay attention to forecasting, programming, planning improvement in public administration. Scientific and theoretical bases of forecasting, programming, planning in public administration in Ukraine have been a point of many researches made by scientists. Over the recent years, the research of forecasting, programming, planning improvement in public administration in Ukraine is topical for the scholars in various domains, in particular, in the science of public administration. But lots of problems of forecasting, programming, planning in public administration in Ukraine are not fully researched. Forecasting, programming, planning in a public administration in Ukraine have been investigated. Heterogeneity of social and economic regional development and imperfection of governmental system in the field of regional development in Ukraine explain the need to pay attention to study and advancement of normative legal base of forecasting, programming, planning in Ukraine. The main components of normative legal base of forecasting, programming, planning in public administration in Ukraine are the Constitution of Ukraine, laws of Ukraine, acts of the President of Ukraine and acts of the Cabinet of Ministers of Ukraine etc. The conducted analysis of normative legal base of forecasting, programming, planning in Ukraine proves that there has not been created an interconnected normative legal base. In today’s conditions, the state of regional social and economic regional development require improvement of forecasting, programming, planning in public administration in Ukraine. The foreign experience of forecasting, programming, planning in public administration has been investigated. The further scientific research will be devoted to the improvement of normative legal base and organizational provision of forecasting, programming, planning in public administration.
Keywords: forecasting, programming, planning, socio-economic development, region.
Current Problems of State Regulation of Foreign Investment into Ukraine: Economic and Legal Aspect
Authors: HRYTSKO Roman , HRYNYSHYN Halyna
Published: January 2021

The conditions and main shortcomings of state regulation of foreign investments are studied. The importance of attracting foreign investment for the successful development of Ukraine as an independent, democratic, social and legal state is substantiated.
The categorical apparatus of the terms «investments» and «foreign investments» from the point of view of economy and law is revealed. The existing classification of investments is considered, modern forms of foreign investments are characterized.
The assessment of foreign investment inflows in the dynamics and in terms of areas of economic activity is conducted. Ukraine's place in the international rankings is presented, which testifies the improvement of the investment climate and the growth of investment attractiveness of both the country as whole and business entities on their own.
The main national and international legal acts regulating investment activity are described. The bodies of state management of foreign investments at the macro level are identified, instruments of state regulation of foreign investment are systematized (tax and customs benefits, subsidies, dotations and subventions, application of accelerated depreciation, mechanism of public-private partnership, state and local guarantees, licensing of certain economic activities, granting loans on favorable terms, etc.). The thesis is substantiated that the indicators of investment activity (in particular the indicator of the volume of attracted investments) are not only an indicator of economic development of a country or region, but are a criteria that evaluates the effectiveness of government activities in investing.
In order to harmonize the Ukrainian investment legislation, a system of measures has been proposed that will promote structural changes in the investment sphere and stimulate the attraction of foreign investment in the country. Further improvement of legal regulation of foreign investment will increase the welfare of the state, provide favorable conditions and state guarantees, which will provide the establishment of appropriate organizational and legal norms of investment.
Keywords: investments, foreign investments, capital investments, classification of investments, foreign direct investments, portfolio foreign investments, state regulation, instruments of state regulation of foreign investment inflows.
Adaptation of Foreign Experience in Managing the Development of Intellectual Capital of Ukraine
Authors: TERESHCHENKO Tetiana , LALUEVA Nadiia
Published: January 2021

The main problems of the organization of management of formation and use of intellectual capital are evaluated. The US laws on strengthening the system of intellectual property protection are analyzed. Among the main ones are: Bayh-Dole Act, Stevenson-Wydler Act, Federal Technology Transfer Act, National Competitiveness Act. An understanding of the endowment fund is given, which is defined as an institutional fund that is fully used by the institute to finance current activities under a donation agreement (donation), and is created exclusively for charitable purposes. Measures to increase the income of higher education institutions in Ukraine are proposed. Some results of generalization of foreign experience of management of development of intellectual capital of Ukraine are resulted. Strategies for the functioning of the education system in the development of intellectual capital in developed countries are analyzed. Among them are: the strategy of attracting skilled labor, the strategy of income, the strategy of empowerment. The main goals and characteristics of the business incubator on the basis of a higher education institution are outlined. The main tools for improving the efficiency of intellectual capital development management are substantiated.
In particular, the main focus is on the need to improve the regulatory framework, finding sources of funding for intellectual capital through the creation of endowment funds in higher education, the choice of management strategy, the establishment of business incubators. Possibilities of application in domestic practice of experience of highly developed countries on improvement of management and development of intellectual capital of Ukraine are argued. A special place is given to the substantiation of the expediency of creating business incubators on the basis of higher education institutions. The main aspects of functioning of such business incubators are substantiated. In particular, the missions, goals, objectives, possible activities, potential partners, likely sources of funding and expected results are identified.
Keywords: intellectual capital, development, management, management of intellectual capital development, endowment fund, business incubator, education system strategy.
Institutional Mechanism for Public Health Policy in Conditions of Poverty Alleviation
Authors: DEMIKHOV Oleksii
Published: January 2021

Introduction: Public health is a new field of knowledge and human activity that is being developed in Ukraine nowadays. In Ukraine and globally, public health is one of the highest priority areas of human development that falls into the category of systematic social inequality. Public health sector is socially important as it creates a health-preserving lifestyle for the population. Research: The basic elements of this approach are population economic status, ecology, education, territorial settlement (urban or rural), and housing quality. At these basic levels, there is already a feasible scientific debate about the existence and growth of poverty. There is inequality in access to health care quality, prevention and treatment; healthy food quality; and furthermore the opportunity to lead a healthy lifestyle, especially in urban areas. Recognizing the effects of such inequality and poverty in access to health-preservation, national and regional public authorities of the EU and Ukraine have begun to develop and implement public health concepts and programs at different levels. The purpose of our research is to study public health sector of the EU and compare it with Ukraine in order to formulate proposals for mitigating health inequalities and poverty in access to health services, as well as developing new standards and to have an integrated approach to work out an effective public health policy. Conclusion: The aim of this topic is the processing and synthesis of information of public policy instruments in the context of preserving and promoting the health of the population, increasing the expectancy and quality of life, preventing diseases, promoting a healthy lifestyle. We use a multidisciplinary and systematic approach in research as a baseline, methods of analysis, synthesis, generalization, comparison and economic-statistical methods are used. Data was sourced from the surveys of Ukrainian and foreign scientists, national statistical agencies of the EU and Ukraine, associations of cities of the leading countries around the world. In particular, we are interested in the indicators such as the level of urbanization, the level of gross domestic product, area pollution, the level of mortality, other economic, social and health characteristics. Keywords: poverty alleviation, public health, health care, public policy.
Current State of Functioning of the Information Sphere of Economy of Ukraine
Authors: FEDORENKO Andrey
Published: January 2021

At the current stage of digital transformations for Ukraine as a European state, an extremely necessary task is to mobilize the potential of the information sphere to ensure sustainable development of the national economy, the entry of countries on such indicators of socio-economic development that allow equals to join the modern European economic system. In the article, the author finds that the development of the information sphere is inextricably linked with the state of implementation of modern information technologies, which are intensively penetrating the socio-economic system, playing an important role in the globalization transformation processes of Ukraine’s economy. The integrated assessment of the development of the information sphere of the Ukrainian economy allowed to identify its main features and current problems: low competitiveness of the information sphere; insufficient use of innovations and outdated fixed assets of information enterprises; low productivity and work motivation; reduction of capitalization of enterprises and, accordingly, problems with attracting the necessary resources and investments; there is a lack of qualified engineering and technical personnel who contribute to the creation of a sufficiently favorable and competitive environment for the relevant producers of information products, promoting the coherence of relations between socio-economic institutions in the information sphere; insufficient reliability and capacity of communication and telecommunications networks; lack of target character for the production of computer equipment; insufficient state support for projects in the field of informatization; lack of strategic framework for the implementation of informatization programs and projects within the National Informatization Program; the need to adapt the institutional environment that provides development in the field of telecommunications, television and radio broadcasting, other forms of mass electronic communication to the conditions of convergent development of these sectors of the information sphere; imperfection of legal levers to ensure media development; lack of system and integrity of guiding documents of state policy in the information sphere and others.
Keywords: information sphere, development, provision, national economy, state policy.
Increasing the Efficiency of Material and Technical Support of the Enterprise
Authors: FASOLKO Tetiana , SEMYANCHUK Petro
Published: January 2021

Economics is a sphere of life support created by man to maintain and to improve his living conditions. Economics ensures the creation of the necessary material and non-material goods. Business entities are highly specialized components of the economy, and their material and technical support, along with human resources, is a crucial prerequisite for industry. In combination with human resources, material and technical resources form the production potential of the enterprise. Numerous businesses are constantly competing for consumers and their niche in the tangible and intangible goods market.
Permanent competitions result in frequent bankruptcy. Accordingly, it is a significant stimulant to improve and to increase the efficiency of material and technical support services. Competition for the best production factors is no less important than competition for consumers and marketing outlets. Business entities must regularly review their concept of material and technical support as well as their line of development in a systematic and methodical way.
Continuous analysis of production innovations, technical development and achievements in the resource market will allow to create a certain strategy and to move in the right direction of material and technical support. The correctness or fallacy of the taken decisions can significantly affect the future position of the business entity in a particular sector of the economics.
The main aspects and the importance of material and technical support are revealed in the article. We propose our own approach to the interpretation of the concept of "material and technical support" and expand the structure of the material and technical base. The functions of material and technical support are detailed. The aspects of management as well as the parameters of the efficient usage of material and technical support are specified. The ways of increasing of the efficient usage of material and technical resources are offered. The stages of using the material and technical base of the enterprise are determined.
The conclusions and recommendations that can form the basis for improving the efficiency of use of the material and technical base are formulated. Some graphical material was used in order to facilitate the argumentation of the benefits of improving the material and technical base of economic entities. The visual image allows to more accurately emphasize the topic and the realization of the need to improve the material and technical support of the business entity.
Keywords: material and technical support, material and technical base, resource, loss, expenses, profit, damage, price, product, enterprise.