bluuebunny/crossref_metadata_2025 huggingface dataset:
Problematic aspects of the application of the right of regression in indemnification by the employer to their employee
Authors: Vasylenko L. , Khomenko S.
Published: December 2021

The purpose of the research in the article is to consider the theoretical problems of legal regulation of property liability of the employer. This work is devoted to investigation of the indemnification peculiarities by a legal or natural person caused by their employee or another person in accordance with Art. 1172 of the Civil code of Ukraine that will allow to establish cases of its use, in combination with other norms of the legislation, in particular labour. The conditions and reasons for the occurrence of the mentioned non-contractual obligations, peculiarities and problems of application of the right of regression to the persons who caused the damage will be revealed. Nowadays, unfortunately, the concept of «regressive obligations» has not been investigated enough, the legislation does not contain a specific definition of the term, there are no reasons and conditions for their occurrence and application, the legal provisions of the participants of these obligations have not been interpreted, which complicates the application of regression in practice.

The issue of indemnification caused by an employee in the performance of his duties is closely intertwined with two related branches of civil and labour law. Therefore, it is necessary to analyze some elements of each type of responsibility to determine their independence and separation.

To achieve this goal, the authors set the following tasks: to identify the causes of this discussion; to analyze the scientific positions by various scientists, about the civil nature of the relationship of indemnification by the employee to third party; to carry out the comparative analysis of legal regulation of the given relations by norms of the labour law and regulation of relations on indemnification caused by the employer, by its employee, by the civil legislation; determine the peculiarities of the relationship of liability of the employer for damage caused by the employee; summarise the legal nature of the relationship to compensate for damage caused by the employee.

This will help to identify recommendations for action in the event of similar commitments in life. For this purpose, in this research the national legislation is analyzed from both a theoretical and practical point of view.
Administrative and legal provision of implementing the law enforcement function in the taxation sector: experience of the European Union and perspectives for its adaptation in Ukraine
Authors: Dmytrenko S.
Published: December 2021

The author of the article has established that the law enforcement function, like all other functions, has its own mechanism of the implementation, which is based on a set of legal, organizational, economic and material elements. The system of such elements must meet the tasks that are set for the country at the present stage of state formation. It has been substantiated that administrative and legal provision of implementing the law enforcement function of the state in the taxation sector is a specific type of legal influence of administrative and legal forms and means, which together constitute a mechanism of administrative and legal regulation of implementing the law enforcement function of the state in the taxation sector, on the activity of corresponding subjects in order to ensure their normal functioning and effective performance of the duties assigned to them in the field of law and order, protection and defense of the rights and freedoms of citizens, combating offenses during the application of tax legislation. It has been clarified that the law norms provide interaction between the executive authorities and citizens in all spheres of public life, in particular law enforcement sphere and taxation sector, which in modern conditions determine the main criterion for assessing the quality of state policy. The essence of adaptation of the national legislation has been revealed. It has been proved that there is a sufficiently developed legal base in Ukraine, which regulates the main aspects for the adaptation of national legislation to the legislation of the European Union (in particular, in the sphere of implementing the law enforcement function of the state in the taxation sector). The author has determined the main steps in the direction of ensuring the effective functioning of administrative and legal mechanism for the provision of the implementation of the law enforcement function of the state in the taxation sector. It has been offered to make changes to the methodology and planning process on the adaptation of the current national legislation in the taxation sector.
Legal regulation of Port State Control
Authors: Kostyria O.
Published: December 2021

This article deals with the requirements of the International Maritime Organization for the legal regulation of Port State Control, which is an effective mechanism for ensuring the safety of navigation and protecting the environment from marine pollution from vessels.

The need to strengthen control over ships by the port state is determined by the following circumstances – the aging of the world fleet, reduction of ship crews, complication of technical equipment and transportation technology.

A necessary condition for the safety of navigation should be sufficiently complete and strict control in ports over the application of the provisions of international conventions on ships. The purpose of such control is to identify vessels that do not comply with current international standards and take the necessary measures (detention of a vessel in the port, termination of cargo operations, delay in departure) to correct the deficiencies.

The legal basis for such control is the international conventions of the International Maritime Organization and the International Labor Organization. Regional Organization of Port State Control – Paris Memorandum on Port State Control of Ships, was established in 1982 by 14 European countries to coordinate efforts to inspect foreign ships in European ports.

The Paris Memorandum of Understanding Committee on Port State Control on 17 May 2010 at its 43rd session in Dublin, Ireland, finally approved the new inspection regime. A feature of the new inspection regime is the division of ships into three levels of risk: low, medium and high.

The Black Sea Memorandum of Understanding (BS MOU) was established in April 2000. The member countries are Bulgaria, Georgia, Romania, Russian Federation, Turkey and Ukraine. The scope of BS MOU is the geographical coverage of ports located on the Black Sea coast. Currently, the Port State Control procedure is carried out based on the requirements of IMO resolution A.1119 (30).

As the experience of states that have acceded to the International Maritime Organization (IMO) conventions on the safety of navigation shows, flag states did not fully exercise control over compliance with and implementation of the convention requirements. As a result, there has been a significant increase in ship accidents, so further expansion and strengthening of control over ships by the port State of visit becomes an important task for IMO at present.
Some issues of legal support leasing of air transport
Authors: Radchuk O.
Published: December 2021

The article is devoted to the study of the legal support of air transport leasing as a kind of economic modernization of production assets when the property is transferred under certain conditions for a certain period.

Analyzing the provisions of the air transport lease agreement, it was concluded that the lease agreement is different from the lease agreement. The characteristics of the contract as a consensual and paid contract are given. The subjective composition of this type of contract is determined, the basic rights and obligations of the parties to the contract are named.

It is indicated how the transfer of the leased aircraft is carried out, especially if the transfer is burdened by the change of jurisdiction of one state in relation to the subject of leasing, the order of registration of such aircraft, and government agencies in charge of these issues.

The main provisions of the legislation on leasing of Ukraine are analyzed: the Civil Code of Ukraine and the Law of Ukraine “On Financial Leasing”; and the provisions of international legal acts: the UNIDROIT Convention on International Financial Leasing, the Convention on International Guarantees for Movable Equipment and its Protocol, Amendment 83 bis entitled “Transfer of regulatory oversight functions and duties” to the 1944 Chicago Convention.The main types of aircraft leasing are considered, which are derived from two main ones: financial leasing and operating leasing. Their features are indicated in terms of the term of such agreements, the number of parties, the role of participants in such agreements, options for payment, and use of lease payments, and more

It is concluded that the development of aviation leasing in Ukraine needs to be stimulated by government agencies by providing benefits to companies involved in such activities, it is necessary to create an appropriate legal framework in Ukraine for concluding and implementing such agreements, and train the necessary staff in this field. Problems of leasing relations require further research by lawyers and economists.
Counterclaim in public legal disputes
Authors: Sherstiuk H.
Published: December 2021

The article examines the institution of a counterclaim in administrative proceedings, which is a long-awaited change for the effective consideration of cases in the administrative process and for the implementation of effective protection of the rights of individuals and legal entities in administrative proceedings. Emphasis is placed on the peculiarities of drafting, filing and consideration of a counterclaim, which is the key to successful protection and restoration of violated rights and interests of the defendant in public law disputes.

Also, an analysis of the feasibility of filing a counterclaim in the administrative process, taking into account the specifics of the parties and the legal relationship. This attitude of lawyers to the institution of a counterclaim in administrative proceedings is caused by the specificity of the administrative procedural law itself, the distinguishing feature of which is the presumption of guilt of the subject of power. It is based on the observance of this principle that the main features of a counterclaim in public law disputes are formed, starting from the authority of subjects to file such claims in open court proceedings and ending with the issuance and execution of a court decision based on such a claim.

Thus, during the research in the process of writing this article, the author elaborated not only the works of famous lawyers, but also court decisions confirming the active use of the latest institute of counterclaim in public law disputes, as well as his own experience in drafting, filing and direct participation. in administrative cases, which combine the main and counterclaims. The peculiarities of realization of the rights of individuals and legal entities to file and consider a counterclaim in public law disputes, which are numerous in comparison with other categories of disputes, commercial, civil, etc., are revealed.
The Governance of Global Labor Migration: Literature Review
Authors: Zasoba Ie. , Khomiak Andrii , Panchenko Liubov , Korzhov H.
Published: December 2021

This paper focuses on the past 10 years of major scholarship on the governance of external labor migration. It also centers on migration that is voluntary and regular, recognizing that rules governing lowskilled migration are often formed to control irregular migration [5]. Scholars of migrant labor identify four major categories: low-skilled temporary (e. g. seasonal workers, service workers), low-skilled permanent (e. g. industrial workers), high-skilled temporary (e. g. student workers, corporate assignees, “expats”), and high-skilled permanent (e. g. medical personnel, technology specialists).

Discussion on the layers of labor migration governance may give the impression that all initiatives are government-based. However, as some authors mention [12; 30; 17], non-state entities play key governance roles. Multinational corporations (MNCs) are the most influential non-state actors.

In light of the incoherence of governance in the area of regular labor migration, there is no shortage of knowledge gaps. A preliminary review of contemporary scholarly literature, suggests that case studies to identify best practices in multilateral schemes and public-private partnerships within the regional “layer” of governance, may be a particularly fruitful focus for scholarly research. This conclusion is based on sources that describe immigration politics and policy at the national level as inherently unstable and less likely to yield insights into balancing short vs. long-term economic interests or into the protection of migrant’s rights [24; 29]. The slow pace and relative ineffectiveness of efforts at the global level suggests that scholars may find targeting this “layer” of limited value, particularly if they wish to form actionable, forward-looking policy recommendations.
Peculiarities of Russian expansion towards Turkic and Finno-Ugric peoples (last quarter of the 15th – middle of the 19th century): historical and legal paradigm
Authors: Ivanov O.
Published: December 2021

The article considers the peculiarities of socio-political and state-legal processes associated with the course of Russian expansion against the Turkic and Finno-Ugric peoples during the last quarter of the XV – mid-XIX centuries. The author emphasizes that due to the meaning of Russia’s existence as a state, traditionally in its political and legal doctrine, war has always been interpreted as a continuation of foreign policy in peacetime, which determined the features of Russia’s foreign policy. It is noted that the beginning of Russia’s direct seizure of Turkic and Finno-Ugric possessions is associated with the conquest of such great powers as the Kazan, Astrakhan and Siberian Khanates. In general, the peculiarities of Russian expansion in relation to the Turkic and Finno-Ugric peoples include the following: ideological conditionality; paying considerable attention to the preparatory phase of expansion; combination of military and hybrid means of influencing the conquered peoples; application of a wide range of methods of national assimilation after the conquest of territories; development and implementation of a wide range of measures of influence in case of possible cases of disobedience among the local population; support of expansion at all stages by means of information and psychological struggle. It is emphasized that the ideology of Russian expansionism has been supplemented by the following basic provisions: in the process of resolving international conflicts, force must always prevail, not justice; the victors of military conflicts are listened to and agreed with, they are not judged or complained about, even when they commit atrocities, they are not reproached for any sins; weak, backward and dependent states should be subjugated and left no chance for revival; in the event that the state, which was previously in the rank of winner, has weakened and can no longer defend its privileged position, it must be attacked and killed as soon as possible; acceptance of persistent, growing aggression in relations with weakened states as the basis of military-political tactics; the use of a wide arsenal of means of assimilation of the population both on the eve of expansion and in all its subsequent stages, the development of theories about the “backwardness” of peoples.
Philosophy and genesis of the judicial oath and the oath of office
Authors: Kravchuk O. , Ostashchuk I.
Published: December 2021

The main features of the philosophy and genesis of the judicial and the oath of office are considered in the article. An oath is a conventional conditional-symbolic act based on an appeal to a person’s conscience in his conscious intention to identify and adhere to certain accepted values, as well as to a certain institution, a defined community or a specific representative of power. Judicial oath and oaths of office have both religious and legal origins, as they belong to the universal foundations of the formation of social institutions. The deep-rooted perception of the need to take and keep the oath in the performance of functional duties and the rule of law is traced in the article on selected examples from the history of Europe. There is a common feature of religious and modern judicial oaths and oaths of office. All of them are based on the inner moral imperative of man, on the awareness of one’s own responsibility and human dignity. The modern acceptance of some oaths with respect to a certain subject (Bible, crucifix, constitution, code, flag) has prehistoric roots, which indicates the precedence of symbolic gestures and movements of verbal texts in primitive rituals. In the Middle Ages, judicial oaths and oaths of office already used references to elements inherent in modern European tradition, in particular, justice and impartiality. The obligation to strictly reproduce the formula when taking a certain judicial oath or oath of office has an ancient Roman basis. In Rome to swear (iurare) meant to proclaim the formula “ius iurandum” (“oath”, literally – “the formula that must be formulated”). The oath of judicial lawyers (judges, prosecutors, lawyers) is a mandatory element of the beginning of the professional activity in the area of Justice. It appears as a ceremonial act, which publicly certifies a person’s readiness to perform the important duties assigned to him. In modern Ukraine, the oath is taken by judges and other officials at the beginning of their professional activity.
Judicial engineering and mechanical examination: practiceological approach
Authors: Krupka A. , Duz L. , Kraliuk M. , Yakovlieva Ye.
Published: December 2021

The purpose of the article is to study and develop theoretical and methodological principles of forensic engineering and mechanical expertise, recommendations with the use of special knowledge in criminal and civil proceedings to prevent, detect, investigate and consider crimes related to the operation of machines, mechanisms, equipment and improvement of its methodology, substantiation and formulation of recommendations on legal assessment of results and increase of efficiency of use of conclusions of forensic examination in the course of proving. The methodological basis of the study are the laws and categories of the theory of cognition, in particular the provisions of materialist dialectics, which contributed to the realization of the purpose and tasks, subject, object, research issues in the context of interdependence of achievements and needs of practice. At the same time, the methods of formal logic (analysis, synthesis, deduction, induction, analogy, abstraction) made it possible to understand in more detail the content of the studied questions, the essence of the studied categories and phenomena was clarified by the system-structural method. The Ministry of Justice of Ukraine has created a new type (subtype) of forensic examination: “Mechanical Engineering” and forensic specialty 10.25 “Study of the technical condition and operating conditions of machines and mechanisms”, so the article formulates the basic concepts of forensic mechanical examination, namely : the basic questions which are solved by judicial engineering and mechanical examination are defined; tasks, subject, object, questions that give the opportunity to understand the essence and content of the expert activity of these studies; the tasks of a specific examination are distinguished from the tasks of other related types of examinations in this area. Complex problems facing the investigation / court determine the expediency of dealing with a wide range of topical issues on a scientific basis, taking into account the peculiarities of the study of technical condition and operating conditions of machines, mechanisms and equipment and create a new type of forensic engineering – mechanical engineering. In order to increase the efficiency and objectivity of investigations of crimes in the operation of machines, mechanisms and equipment, courts / investigators should, as necessary, conduct forensic examinations by engineers: technologists, mechanics, power engineers, metallurgists, etc., for which it is necessary to develop approach, scientific-theoretical and practical principles of forensic engineering and mechanical expertise.
Some reflections on improving the provisions of the code of Ukraine on administrative offenses in terms of increasing liability for violation of legislation in the field of protecting natural ecosystems from fires
Authors: Kazanchuk I.
Published: December 2021

The article presents an analysis of the current state of the current administrative legislation of Ukraine, which regulates relations in the field of environmental protection and rational nature management in the state. The author has analyzed the provisions of the draft Law of Ukraine “On Amendments to the Code of Ukraine on Administrative Offenses in relation to increasing liability for violation of legislation in the field of protecting natural ecosystems from fires” and a number of other bills. Their development and adoption is an important step towards bringing the current national legislation in line with European standards and norms, as well as further development of social and economic transformations in Ukraine in the environmental sphere.

Also in this article the author indicates the feasibility of amending the Code of Administrative Offenses of Ukraine and other legislative acts in terms of strengthening administrative responsibility for violating fire safety rules, protecting the environment, preventing fires in natural ecosystems in the country. With regard to improving the efficiency of management of the sphere of protecting natural ecosystems from fires, the author points out the need to provide additional powers to the bodies of the State Emergency Service of Ukraine for the implementation of state control and supervision over the state of fire safety at forestry facilities. In this aspect, it is timely to develop and adopt a separate legislative act to secure the rights and obligations of the relevant officials to exercise such state control and determine the procedure for its organization. In addressing the issue of protecting natural ecosystems from fires, it is proposed to pay attention to the need to ensure strict adherence to the principle of inevitability of administrative responsibility for violation of legislation on environmental protection, eliminating the imbalance between the actual amount of damage caused to the environment and the amount of sanctions; an increase in the size of fines for setting fires in natural ecosystems, including for unauthorized burning of stubble on agricultural land (fields) by their owners.
Problematic issues of application of terms of appeal to court in the consideration of labor disputes on remuneration
Authors: Mamai V.
Published: December 2021

The articles explore the practical problems of the application of procedural deadlines in the consideration of labor disputes relating to remuneration, their application. The article proclaims the practical problem of choosing the terms proposed in Article 233 of the Labor Code of Ukraine. Thus, it is determined that when applying the terms proposed in Part 2 of Article 233 of the Labor Code of Ukraine, does not necessarily expand the understanding of the category of “wages” and “wages”. Pay attention to the solution of this issue in the articles on all developed cooperation, the concept of “wages” and “wages”, which is used in Part 2 of Article 233 of the Labor Code of Ukraine, the relevant decision of the Constitutional Court of Ukraine is analyzed. By solving the problems of the legal nature of the payments involved to employees for recovery, which can be applied to Part 2 of Article 233 of the Labor Code of Ukraine, the author conducted a study and analysis of recent case law and examples of court decisions, namely the rulings of the Supreme Court and decisions of the Constitutional Court of Ukraine, in this court with the formation of clear legal provisions governing the legal nature of payments. this can be used Part 2 of Article 233 of the Labor Code of Ukraine. Also the question of structure of a salary, its basic elements, the analysis of provisions of the basic regulatory legal acts, both laws, and by-laws regulating the certain questions is investigated. The article concludes that the concepts of “wages” and “wages”, which are used in Part 2 of Article 233 of the Labor Code of Ukraine are identified. To this notion of “wages” it is proposed to create an extensive structure of payments. The criterion for canceling the payment to the structure of wages is the founder of the connection of such payment with the performance of duties of employees and its functional orientation (from the creation and incentives). In view of this, the author supports the view that Part 2 of Article 233 of the Labor Code of Ukraine can not join the dispute over the recovery of these amounts, the right to quality applies to employees as a result of breach of their obligations by employers (Articles 117, 235, 236, 237-1 of the Labor Code of Ukraine)
Legal status of the head of public service in the state body as a subject of public service legal relations
Authors: Stets O.
Published: December 2021

The article is devoted to the study of the essential features of the head of the public service in a state body as a subject of public service legal relations. It is found that depending on the nature of the powers that determine the role and degree of participation of public servants in the exercise of public power functions, there will be a different range of rights and responsibilities of managers, specialists, executors. Given the great diversity of public servants, the scope of their powers affects the content of the legal status of a public servant, but not the fact of his belonging to the public service. It is established that the head of the public service in a state body has: a) the general status of a citizen of Ukraine; b) sectoral status within the framework of official law – the status of a public servant; c) a special status within the framework of official law, which is mediated by the nature of the powers granted – the status of the head of the public service in a state body. The substantive features which characterize a public servant who has acquired a special legal status of the head of the public service in a state body are singled out: 1) he is assigned to public servants; 2) he holds the highest position of public service in a state body; 3) he is obliged to perform a special type of duties that are an element of authority: a) in matters of public service and b) organization of work of other employees in this body. Attention is paid to the fact that each head of the public service in a state body is an official authorized to perform organizational and administrative functions, but not every official is the head of the public service in a state body. A possible algorithm for finding a higher position in a state body is identified: a) if there are positions in a state body that fall into different categories, the highest position in a state body will be held by the public servant who replaces a category “A” or “B” (in the absence of positions classified in category “A”); b) if there are positions in a state body that are assigned to one category, the highest position will be held by the public servant whose position is assigned to the highest subcategory.
Compatibility of the goals of the EU Youth Strategy for 2019–2027 with global Sustainable Development Goals (SDG) for 2015–2030 in the context of the sphere of social influence on society and youth
Authors: Bakhanov O.
Published: December 2021

The article considers the processes of effective modernization of society and development of youth policy, in the context of increasing sustainability in the framework of achieving 11 EU youth goals of the EU Youth Strategy for 2019–2027 and 17 UN Sustainable Development Goals (CSDs). The comparison takes place in the context of the interaction of youth and society in Europe to meet the needs and problems of young people, overcoming socio-economic and democratic isolation. The EU Youth Strategy for 2019–2027 aims to improve cooperation between policy areas, in particular through the EU Youth Coordinator; giving young people the right to vote in EU policy-making; control of EU spending on youth; launching a new and more inclusive youth dialogue in the EU; promoting volunteer mobility and unity; implementation of a program for young people to promote the recognition of non-formal learning; strengthening the link between EU youth policy and relevant EU programs. The analysis of compliance of the goals of sustainable development and youth goals of the EU is carried out. The goals are united in the following social spheres of influence on society and youth. At the micro level, the following four spheres are distinguished: health, decent work, quality education, protection of rights and gender equality. The following areas are identified at the meso level: "Sustainable Partnership, Support and Participation of Youth" and "Peace and Justice". At the macro level, the following two areas can be identified: "Ecosystem Conservation" and "Innovation, Infrastructure". Achieving goals in these areas, young people influence the preservation of the world, create a future for themselves and also feel part of a sustainable, high-quality ecosystem. Innovation, quality infrastructure, meeting the needs of health, education, quality work and protection of rights gives young people confidence and inspires them to new achievements.
Online communication: risks and prospects (on the basis of sociological study of public opinion in the EU countries)
Authors: Yenin M. , Korzhov Н.
Published: December 2021

The article analyzes the main approaches to the prospects for the development of network communication practices via the Internet. The influence of the development of digital technologies of social communication on the processes of socio-economic development, expansion of political participation, distribution of power and political mobilization is explored. At the same time, special attention is paid to the challenges and risks posed by Internet technologies for personal rights and freedoms. In particular, the emphasis is on the perception by Internet users of threats they face in the global computer network, on their behavioral responses to cybercrime, including safer patterns of behavior in cyberspace. Over time the level of competence of Internet users, their awareness in the field of cybersecurity is constantly increasing. There is also a growth, sometimes noticeable, in the share of the Internet audience utilizing various types of online services. The research illuminates that despite the growing scale of danger and concern of users themselves, the actual level of cyber-victimization among residents of EU countries remains quite stable. Such a positive trend is explained by both the effectiveness of measures to prevent and combat cybercrime implemented by government and corporate institutions and proactive and conscious position of the users themselves. The latter, being aware of the depth and scale of the risks, make various efforts to ensure network security (they periodically change passwords to access various online services, seek help from relevant organizations – both public and private).
Society in the realities of the pandemic: challenges and scenarios for further development of countries in the post-quarantine period
Authors: Moisіeіenko L.
Published: December 2021

The article presents an analysis of the unprecedented humanitarian crisis that arose as a result of COVID-19, and affected such important areas for society as health care, economics and labor relations. The purpose of the article was to analyze the challenges facing the world community through COVID-19, to describe the scenarios for further development of society in the post-quarantine period and to identify ways to solve the problems caused by the pandemic. The author did not set the task to outline a real program of action and change. These key issues are the subject of constant discussion. States still have the opportunity to rethink the social contract, placing environmental sustainability, justice and humanitarian solidarity at the heart of the post-quarantine reconstruction and renewal program. It is shown that the humanitarian crisis has been complicated by the instability of the economic situation, growing inequality and instability, both domestically and internationally, which threatens to increase social protests and dismantle the usual ways. It has been shown that policies aimed at denationalizing the economy, supporting large capital, reducing budget spending on social programs, and establishing the dominance of transnational corporations have failed to respond adequately to the challenges of the pandemic, and have exposed large-scale problems a single person. The problems that arose as a result of COVID-19 and affected international institutions were analyzed; were caused by vulnerability and unpreparedness for a health pandemic; have led to growing socio-economic inequality both within countries and internationally; exacerbated food security issues for developing countries; gender issues, labor relations issues, etc. It is shown that the principles of neoliberalism, on which the developed countries of Europe and America have been based for the last 70 years, were questioned, which actualized the search for models, scenarios and ways of further development of individual states and the world community as a whole. The article presents scenarios for further development of states in the post-quarantine period. These scenarios range from the preservation of the principles of neo-liberalism to the spread of left-wing models of social development. In addition, the article identifies conditions that can help countries embark on the trajectory of an optimistic scenario.
Resource approach in the study of IDP adaptation in receiving communities of Ukraine
Authors: Pohuliailo T.
Published: December 2021

The article considers the last six years in Ukraine, which are full of events that led to the mass resettlement of residents of the Crimea and the East to other regions of our country. Every 29’th resident of Ukraine was forced to leave their home and look for a safer place. One of the important problems accompanying internally displaced persons is their adaptation in host communities. The purpose of this work was to apply a resource approach in the study of this problem. To achieve this goal, we used the methodology of statistical analysis of data obtained by the National System for Monitoring the Situation of Internally Displaced Persons. Four groups were selected for the main resources that can facilitate the adaptation of displaced persons: personal, material, social and cultural. We considered which of these types of resources migrants had before moving to new places of residence, which resources were provided by the host communities. They also explored which of the resources could influence the adaptation of internally displaced persons. It was found that such personal resources of internally displaced persons as age, gender, education, profession play an important role in the process of adaptation. Yes, they found that the elderly or single people who do not have the support of family and relatives find it most difficult to adapt to new places of residence. And such a cultural resource as the language of migrants can influence the choice of the region of further residence, along with such social resources as, for example, educational institutions, or with such material resources as jobs. For people with disabilities and the elderly, social resources such as medical facilities are important for their adaptation. The results obtained in this work have scientific and practical value for scientists in the fields of sociology, psychology, law. In addition, the applied resource approach allows to properly emphasize all those who try to facilitate the process of adaptation to internally displaced persons: social workers, lawyers, politicians, NGOs, volunteers, and prevent cases where refugees from battlefields have not been able to adapt to new communities and are forced, despite the threat, to return to their homes.
Configuration of forces in the Black Sea after Russian annexation of Crimea
Authors: Horiunova Yе.
Published: December 2021

The article analyzes the new configuration in the Black Sea after Russian annexation of Crimea. The Black Sea has an important role for Russia to promote its interests in the southern direction. Crimea in this strategy has the role of an important bridgehead. The peninsula has modern coastal and air defense systems that cover the skies over the Crimea and control the airspace of Eastern European countries. The deployment of nuclear weapons in Crimea threatens almost all of Europe. Russia uses factories of the occupied peninsula to build new ships for the Black Sea Fleet. Russia is using the energy factor in the region to attract NATO members to Bulgaria and Turkey. Bulgaria is taking a cautious ambivalent stance, while Turkey is playing its own game with Russia, raising its status in the region. Western analysts’ skepticism about the strategic importance of the Black Sea and the fragmentation of the region make it difficult to formulate a joint NATO strategy to counter Russia. Therefore, the main actions of the Alliance in the region remain the visits of warships, joint exercises and reconnaissance flights, the number of which in 2020 increased by 40%. But this is not enough to curb Russia’s aggressive policy. Therefore, NATO needs to increase its presence in the Black Sea by expanding the format of joint action and intensifying cooperation with partners Ukraine and Georgia. The normalization of US-Turkish relations should play a significant role in the security of the region. Tightening sanctions against the Kremlin and restricting energy cooperation should be an important tool to deter Russia from the collective West.
Strategic communications: the experience of Afghanistan for Ukraine
Authors: Rogovchenko A.
Published: December 2021

The article is dedicated to the experience of developing strategic communications in Afghanistan after Taliban regime has lost power and military and humanitarian aid missions came to the country; strengths and weaknesses of strategic communications documents are analyzed, conclusions on success reached in implementing strategic communications are made. The article analyzes strategic communication plans of ISAF NATO, USA Department of Defense and of other international missions active in the country; research papers on this topic were studied. Government efforts in establishing communication with population and negotiation with Taliban by creating GMIC and establishing High Peace Council are described. The paper leads to the following conclusions: implementing information campaigns and communication strategies resulted in positive changes of communication landscape in the country and increasing awareness of the population on activities of the Government and international organisations: double-sided communication with the population remains being poor; counteracting Taliban’s information warfare is established but is not efficient. Further work on effective strategic communication includes deeper inclusion of culture factors, inclusion of opinion leaders, decreasing a say-do gap of Afghan Government and international missions.
The concept of collaboration windows on the example of world cases
Authors: Sychova A.
Published: December 2021

The article presents the concept of the collaborative windows as a tool for establishing cooperation between the maximum number of stakeholders to solve problems of different hierarchical levels. Through the synthesis of theoretical developments by B. Gray, J. Kingdon, and D. Lobster, the author proposes an integrative model of the collaborative window by crossing four relatively independent flows, namely: problem, procedural, political response, and organizational-structured ones. The researcher notes that except for the outlined components, external triggers and the figure of the collaborationist politician with a developed network of contacts play an important role in maintaining the potential of the collaboration window to further unite all stakeholders on a single collaboration platform. The latter serves as a space to facilitate the establishment of communications and the trust formation between the participants of the collaboration. But even the presence of all these elements does not guarantee the longevity of joint cross-sectoral projects due to the lack of adaptive capabilities of temporal and spatial factors because of their dynamic nature. The researcher also outlines some issues with the creation of collaborative platforms such as liquidity traps, power distribution, common accountability standards, and monitoring of participants’ actions. The article presents not only a schematic model of the collaboration window, but also examples from the world practice of cooperation between public, private, and civil sectors. The author also analyzes the transformation of urban infrastructure within the EU on an integrative model, highlighting the relevant flows and platforms of joint interaction. The collaborative window technique can be applied to a different range of common practices, as the outlined flows take place in virtually every policy area.
Cyber crime, computer crime or cyber offense? The analysis of the features of a terminology application
Authors: Baranenko R.
Published: December 2021

Today cybercrime and computer terrorism are identified as one of the threats to Ukraine’s national security in the information sphere. Cybersecurity measures include achieving and maintaining security features in the resources of an institution or users, aimed at preventing relevant cyber threats. Cybercrime is a set of criminal offenses committed in cyberspace by computer systems or by using computer networks and other means of access to cyberspace, within computer systems or networks, as well as against computer systems, computer networks and computer data, has been widely developed. The paper considers such terms as «computer crime», «information crime», «crime in the field of computer information», «crimes in the field of information technology». Scientific works of domestic and foreign researchers on the issues of countering cybercrime are analyzed. The connection of the concept of «cybersecurity» with the terms «cybercrime», «computer crime» and «cybercrime» the concepts of «cybercrime» was given. The difference in the interpretation of the concepts «cybersecurity» and «information security» was considered. The definitions of «cybercrime», «computer crime» and «cyber offense» were given for comparison. Their main features were considered. The concept of «computer victimhood» and its components were considered. With the introduction of the institute of criminal offenses in the national criminal law, the terms «cybercrime» and «computer crime» should lose their relevance, as evidenced by the change of title of Chapter XVI of the Criminal Code of Ukraine to «Criminal offenses in the use of electronic computing machines (computers), systems and computer networks and telecommunications networks». Therefore, instead, we can recommend the use of the term «cyber offense», which we propose to understand as «socially dangerous criminal act in cyberspace and/or using it, liability for which is provided by the law of Ukraine on criminal liability and/or which is recognized as a criminal offense by international treaties of Ukraine, and cybercrime is a set of cyber offences». It is clear that this will require the introduction of appropriate terminological changes in the Law of Ukraine «On the Basic Principles of Cyber Security of Ukraine» and other regulations.
Problems of legal regulation of the procedure for extending the term of pretrial investigation
Authors: Zhmudinskyi V.
Published: December 2021

The article concentrates on the analysis of the main provisions of the criminal procedure legislation on the procedure for extending the term of pre-trial investigation. It is established that a pre-trial investigation shall be conducted within the terms set out in Article 219 of the Code of Criminal Procedure of Ukraine and unjustified extension of the pre-trial investigation leads to the violation of the rights, freedoms and legitimate interests of participants in criminal proceedings. It is investigated that the term of pre-trial investigation of a crime can be extended by the prosecutor – supervisor of pre-trial proceedings at the request of the investigator, which the prosecutor is obliged to consider no later than three days from the date of its receipt, but in any case before the expiration of the pre-trial investigation period. It is noted that the prosecutor’s decision to extend the pre-trial investigation or to refuse it is not subject to appeal during the pre-trial investigation. Attention is drawn to the fact that in some cases, investigators apply to the prosecutor with a request to extend the pre-trial investigation period several days before its expiration, which may result in an untimely extension of the specified period by the prosecutor. Therefore, in order to prevent missing the deadline, the investigator orders the suspension of the pre-trial investigation on various grounds, mainly due to the need to perform procedural actions within the framework of international cooperation. It is proved that in most cases, based on the results of consideration of the investigator’s request by the prosecutor, an order is issued to extend such period, while a serious disadvantage of the specified procedure for extending the period is that the prosecutor issues an order to extend the period of pre-trial investigation, which is suspended at the time of such order. It is argued that the current criminal procedure legislation of Ukraine prohibits conducting any investigative actions after the suspension of the pre-trial investigation. Proposals have been made to improve the legal regulation of the procedure for extending the term of pre-trial investigation.