bluuebunny/crossref_metadata_2025 huggingface dataset:
Problematic aspects of derivative financial instruments’ legal regulation
Authors: Trofymenko D. , Sush O.
Published: December 2022

The development of fully functioning capital markets is an extremely important task at the current stage of development of the Ukrainian economy. With the adoption of the Law of Ukraine «On Capital Markets and Organized Commodity Markets», the issue of comprehensive regulation of the functioning of modern financial instruments would seem to have been resolved. However, the analysis of the current legislation regulating derivative financial instruments shows a number of problematic aspects of their legal regulation. It hasbeenestablished that legal regulation of the market of derivative financial instruments, despite the amendments in the legislation, still contains significant gaps, which generally have a negative effect on the regulation of these financial instruments, create obstacles for the formation of trust by investors, which makes them unattractive for investment. Their fragmented legislative regulation is based on contradictory approaches both to the definition of the categorical apparatus and to the types of derivative financial instruments. The outlined problem negatively affects the active development of the derivative instruments market and creates conditions for abuse by emitters of derivative financial instruments.

The authorshaveindicated that there is a sufficient number of works at the theoretical and legal level, the subjectmatterof which was the study of derivative financial instruments, but the issue of legal regulation of derivative instruments is gaining significant relevance in regard to: changes in the capital market situation; update of existing and introduction of new financial instruments; development of the market of derivative financial instruments that allow us to hedge risks associated with changes in exchange rates or interest rates by means of concluding various types of fixed-termagreements with derivative securities and derivatives. The spread of the use of derivative financial instruments in Ukraine is the key prerequisite for the effective implementation of the process of integration of Ukrainian financial market into the world economy and international financial markets.
The principle of legality in the criminal law of Ukraine and the Federal Republic of Germany: separate regulatory and enforcement aspects
Authors: Berzin P. , Volynets R. , Berzina A.
Published: December 2022

The article states that today in Ukraine, the principle of legality in criminal law is directly related to criminal law regulation and its mechanism, influencing its "work" in the regimes of violation and observance of criminal law prohibitions. Some of these features do not have a clear understanding in the criminal law of Ukraine. You can find out some of these features by referring to the relevant provisions of the German criminal law.

It is noted that when determining the criminal-legal content of the principle of legality, one should take into account the normative guidelines enshrined in the Constitution, acts of criminal, criminal procedural, etc. legislation.

The authors of the article conduct a consistent analysis of the provisions of the Constitution of the Federal Republic of Germany and the Criminal Code of the Federal Republic of Germany with the aim of clarifying the relevant provisions of the criminal law of the Federal Republic of Germany on the content, structure and application of the principle of legality in order to explain the specific features of the "components" of this principle and its "work" in the criminal law of Ukraine .

The article discloses general and special legal provisions relating to the content and structure of the principle of legality in criminal law, as well as to define the structure and "components" of this principle.

Attention is drawn to the fact that the specified understanding of the principle of legality (its components), which is based on the norms of the Constitution, the Criminal Code, the Code of Criminal Procedure, etc. legislative acts, allows you to determine the specifics of the application of this principle in criminal law.

It is noted that the regulatory guidelines for the researched issue are "presented" primarily in Art. 103 par. 2 of the Constitution of the Federal Republic of Germany and § 1 of the Criminal Code of the Federal Republic of Germany. Thanks to the "work" of this principle, the so-called "guarantee function of criminal law" is ensured in the criminal law of the Federal Republic of Germany.

The structural elements of the principle of legality are defined, which directly affect the "work" of this principle in criminal law. Points of consideration of the principle of legality are determined when comparing the sources of criminal law.
Development of legislation on criminal liability for coercion to marriage in the aspect of combating gender-based violence
Authors: Vasylkivska I.
Published: December 2022

Ukraine undertook to comprehensively protect universal human rights, to create free from discrimination, physical or mental violence an environment. Meanwhile, the beginning of the large-scale armed aggression of the Russian Federation against our country was marked by an increase in the number of human rights violations, including those related to gender-based violence.

The article examines the national criminal-legal mechanisms of combating coercion to marriage as a form of gender-based violence. It is noted that the criminalization of coercion to marriage, which took place in connection with the fulfillment of the requirements of the Istanbul Convention, was perceived as premature by many researchers. Currently, there are no statistics on forced marriages in Ukraine. At the same time, representatives of public organizations, a number of researchers, mass media confirm the existence of such a phenomenon in our country. Forced marriages are common among the Roma population of Ukraine. Since the beginning of the russian military aggression cases of forced marriages of the military with women from the occupied territories are recorded. These facts are an additional argument in favor of the enshrinement of criminal liability for coercion to marriage in the legislation of Ukraine. Оn the other hand, the lack of a clear definition of the concept of “coercion” in Criminal code of Ukraine makes it necessary to specify the objective side of coercion to marriage. Based on the analysis of scientific and other literature, taking into account the useful legal experience of the foreign countries, the need to establish criminal liability only for forced marriage is substantiated. For this purpose, it is proposed to establish specific methods of this crime: violence or threats of violence. This will help to avoid excesses in the criminalization of coercion to marriage, will add greater socially dangerous to the act, and will also make this norm clearer and contribute to its more effective application in practice. Considering the fact that the Ukrainian legislation on criminal liability enshrines a gender-neutral definition of coercion to marriage, criminological studies regarding men as victims of these crimes are promising.
Some issues concerning the protection of social and economic rights of persons who are serving sentences in the field of execution of punishment of Ukraine
Authors: Likhovitskyy Yа.
Published: December 2022

The article analyzes the content of economic activity of enterprises of the penal institutions of Ukraine as one of the sources of financing for the execution of punishment and the directions of institutions of the correctional and resocialization process of convicts in the colony and correctional institutions.

This is one of the problematic (legal) aspects, which also affects the financial and economic situation of enterprises of the PIs, as well as in general, on the level and efficiency of the economic activity of the State Criminal Execution Service (DKVD) of Ukraine, the incomes of which serve as an additional source the financing of this system along with the expenditures, which are determined for the maintenance of bodies and GDP in the state budget of Ukraine. Inclusion of the proceeds from the labor use of the convicted persons to additional sources of financing of the State Committee of Internal Affairs of Ukraine. The economically important problem is that the State Criminal Execution Service of Ukraine is financed only by 40% annually from the State Budget; this state of underfunding entails a number of factors such as ensuring the legal rights of sentenced persons to serving sentences in penitentiary institutions, poor treatment of sick persons who are deprived of their liberty, lack of prevention and prevention of morbidity among inmates in penal institutions, low effectiveness of prevention activities with hvoryuvanosti also no special medicines and drugs to provide effective health care of prisoners. The State Criminal Execution Service of Ukraine for carrying out measures on correction and resocialization of convicted persons to imprisonment in penitentiary institutions, this issue is not sufficiently investigated, which in turn affects the state of operational and service and financial and economic activity of bodies and institutions of execution punishments and determines the relevance, the theoretical and practical significance of this scientific article.
Criminology portrait of a person who commits criminal offenses in tourist services provision
Authors: Nesterova I. , Sofilkanych O.
Published: December 2022

The article is devoted to the study of the offender criminological portrait who commits criminal acts in the sphere of providing tourist services. Most often, when compiling a criminological portrait of an offender, criminologists single out the following components: socio-demographic, social-role, moral-psychological, criminal-legal characteristics.

It is concluded that the criminological portrait of persons who committed criminal offenses in tourism sphere allows finding out more deeply the specifics of this crime, to reveal mechanism of committing criminal offenses, and to better understand the reasons and conditions of considered acts.

When analyzing socio-demographic characteristics, it was established that among persons who committed criminal offenses in tourism sphere, the number of women is 84%; it is determined that, in percentage terms, the number of persons who committed criminal offenses in tourism sphere at the age of 25-29 is 28%, and at the age of 30-40 is 62%. The high educational level of offenders has been established; they are married, as a rule, not  poor.

Analyzing the socio-role characteristic of persons who have committed criminal offenses in the considered area, it is determined that it is due to the specifics of the tourist sphere, which is related to the organization of comfortable rest. Therefore, such persons perform an important social role.

It has been established that self-serving consumerism and the desire for profit are the dominant features of the moral and psychological portrait of persons who commit offenses in tourism. They are communicative, able to convince and enter into trust, make a pleasant impression of reliable or desirable person, prone to risk, balanced, capable of self-control and patience.

It is determined that the motivation of illegal acts is always self-interested. The absolute majority of those convicted of fraud in tourism sphere have no previous criminal record; complicity is quite rare; the specified criminal offenses are mostly committed by one person; 79% of persons were convicted for committing the considered criminal offenses and were sentenced to punishment. Most often, the prescribed punishment is imprisonment for a certain period.

The obtained data make it possible to develop a criminological portrait of a person who commits criminal offenses in the tourism sphere; this is a married woman aged 25 to 40 who has not been convicted before, holds the position of head or manager of a travel agency, has a higher education, is a resident of big city, with relatively high level of income, in the system of value orientations, the key place is occupied by selfish and selfish motives, ensuring one's well-being at any cost.
Improvement of the subject structure of sexual harassments towards women in the field of work
Authors: Riamzina A.
Published: December 2022

The article traces the history of the origin of the term «sexual harassment». The high prevalence of sexual harassment of women at work is pointed out; as an example, the results of the 2019 survey. It was investigated that there is no article in the Criminal Code of Ukraine that would clearly define what sexual harassment is, accordingly there is no punishment for it, in particular, there is no rule governing liability for sexual harassment in the workplace. The article mentions the need to criminalize sexual harassment in the field of labor with the definition of liability of varying severity depending on the method of sexual harassment. In addition, it points to the need to improve the definition of «sexual harassment» given in para. 6 h. 1 st. 1 of the Law of Ukraine «On Ensuring Equal Rights and Opportunities for Women and Men», removing from it an indication of persons who are in a relationship of labor, service, material or other subordination, replacing the wording «people who are in employment, service, material or other subordination» to «people who are in labor, official, labor relations», thereby adding to the subjective composition of sexual harassment in the work of employees, as well as other persons related to the victim’s employment (contractors, customers, etc.). In addition, it was concluded that criminalizing sexual harassment should differentiate responsibility depending on the subject of the crime – whether the superior of the victim or another person who is in a working relationship with the victim, but is not with the victim in a relationship of power and accordingly to establish the strengthened responsibility of the head in comparison with other subjects of a crime. The need to implement measures to prevent sexual harassment of women in the workplace in order to eradicate this phenomenon in Ukrainian society. The United Nations Development Program is cited as an example. The article outlines possible measures to prevent sexual harassment of women at work.
Criminal Liability for Embezzlement of Humanitarian Aid
Authors: Shevchuk A. , Bodnaruk O.
Published: December 2022

The article under study carries out a complex analysis of a new element of a criminal offense (envisaged by Article 201-2 of the Criminal Code of Ukraine) “The Illegal Use of Humanitarian Aid, Charitable Donations, or Gratuitous Aid to Receive Gain”. Besides, it substantiates the expediency of criminalizing such illegal behavior and reveals some potentially problematic issues that may arise in the course of bringing a person to criminal liability for such actions, as well as offers the possible ways of their solution.

russia’s armed aggression, as well as the necessity to help the Armed Forces of Ukraine and internally displaced persons have intensified volunteer activity, the latter having acquired an unprecedented scale throughout the country. Consequently, there has occurred considerable increase of both the number of humanitarian cargoes and the number of pseudo-volunteers or unscrupulous officials, who pursue their own mercantile interests and cynically make money, selling humanitarian aid. All this could not remain unnoticed by the state and led to the adoption of a special legal norm in the Criminal Code of Ukraine.

Particular emphasis has been laid in the article on the mandatory components and signs of basic, qualified and especially qualified elements of criminal offense. Along with this, the peculiarities of the subject of such illegal behavior (charitable donations, humanitarian and gratuitous aid), as well as the respective amounts of the latter, which give grounds for bringing criminal responsibility, have been regarded in detail. In addition, the article contains a conclusion on an unreasonably high minimum limit of the aid under discussion. As for the objective side of the offense, such an extremely important feature in today’s conditions as the time of its commission – during a state of emergency or martial law – is separately emphasized. Having used this word combination, the legislator has replaced the already established in criminal law wording “under conditions of war or state of emergency”, which always indicated such a feature as the circumstances of the crime. The subject of the offense has been considered with a due regard to its overall and specific signs. Another emphasis has been laid on the necessity to criminalize the respective socially dangerous activities of both official volunteers and officials who, although not vested with official powers, may (in connection with their position) have access to humanitarian aid items and actually dispose of them, etc. The subjective side of the offence appears rather interesting in terms of its purpose – to receive gain. The latter looks quite questionable since until now, such a phrase was used only in the context of the actual consequences of the subject’s illegal behavior. Therefore, the legislator should emphasize not on the fact of receiving gains but on the mercantile context of its disposal.
Procedural and organizational aspects of electronic evidence collection during international cooperation
Authors: Akhtyrska N. , Kostiuchenko O.
Published: December 2022

The article is devoted to issues of international cooperation during criminal proceedings and features of electronic evidence collection, which are managed by a foreign service provider. The Criminal Procedure Code of Ukraine does not contain a definition of electronic evidence, but criminal justice is increasingly faced with the need to collect, evaluate and use such evidence for sentencing. The lack of normative certainty does not contribute to the unity of judicial practice, the issue of evaluating electronic evidence obtained within the framework of international legal assistance is especially acute. In such situations, it is necessary to assess the legality of the law enforcement agency's activities, compliance with conventional guarantees of human rights compliance, fulfillment of obligations to use electronic evidence exclusively in the proceedings in which it was obtained, to check the fact of repeated appeals to the central body of international cooperation in another state with a request for permission to use such evidence in other proceedings, when such a need arose, etc.

Courts consider prosecutor's requests for temporary access to electronic data or to conduct a search, sometimes making mistakes in specifying the jurisdiction where the evidence originated or where the consequences of the criminal activity occurred. Procedural requirements, which are provided for by international acts, determine the need to apply to the state in whose territory the entity that owns, accumulates and manages data is located. The content of the request submitted to the court must be substantively consistent with the type of electronic evidence and the method of obtaining it in another jurisdiction, which is not always taken into account (request for preservation of evidence/preservation of evidence).

The collection of electronic evidence takes place through a complex procedure of interaction between law enforcement agencies, service providers, liaison officers, and attaché officers working in the embassies of different states. Therefore, in addition to procedural aspects, it is advisable to take into account the legislation of other states for the effective use of organizational rules (the most effective channels for obtaining evidence).

The study of gaps in the current legislation and the recommendations of international experts contributes to the formation of a holistic theoretical vision of the normative consolidation of international mutual legal assistance for obtaining electronic evidence and the introduction of proposals for the consolidation of such a mechanism in the special law of Ukraine.
Investigative interview: recommendations for Ukraine
Authors: Gavgun S.
Published: December 2022

This article is devoted to the study of such criminal procedural institution as an investigative interview. This institution is the result of the search for new methods of gathering information during criminal proceedings in a way that provides for an unequivocal ban on torture or other ill-treatment of a person involved in criminal proceedings. The article defines the specifics of the prohibition of torture in international law in terms of the duty of law enforcement agencies not to allow any deviation from the norm. As a result, the above is emphasized by the special severity of such a crime, which is immoral, degrading to human dignity, and cannot be justified under any circumstances. It is stated that by its nature the process of torturing dehumanizes and denies a person's legitimate right to respect for dignity, while treating both body and soul as a means to achieve the specific goals of criminal proceedings, and is also the worst form of suffering that one person can inflict on another, leading to reputational losses of law enforcement agencies and the negative impact on the entire life of a person involved in criminal proceedings who suffered from such lawlessness. In particular, the emergence of the institution of investigative interview was a response to numerous requests from society around the world in the struggle to protect their rights and fundamental freedoms, which can not be restricted or violated by law enforcement officials. This article examines the use of the “classical system” of interrogations in Ukraine aimed at obtaining a confession, which, as a result, leads to a rather tolerant attitude of law enforcement agencies to manipulation and deception during interrogation, and sometimes to mental pressure and torture of participants in criminal proceedings. In particular, the author proposes to change the legal culture of national criminal procedural legislation by introducing the institution of investigative interview in Ukraine or, to begin with, to conduct interrogations using the principles, methods and objectives of investigative interview, as this will be a step forward in the development of democratic institutions in the state and will facilitate their practical implementation in criminal justice.
Organizational and legal framework for the protection of environmental human rights within the African Union
Authors: Voievodin I.
Published: December 2022

The article analyzes the activities of the African Union (1963-2002 - Organization of African Unity) in the field of protection of environmental human rights – an intergovernmental organization created in 2002 to promote the unity and solidarity among African states, stimulate economic development and promote international cooperation, protect human rights, in particular in the environmental sphere. In particular, the category of environmental human rights includes the right to a healthy, safe and adequate environment, the highest attainable level of physical and mental health, an adequate standard of living, nutrition, the right to clean and safe drinking water, the right to receive information about the state of the environment etc. It was determined that due to the specificity of the African region, the complexity of its socio-economic processes and the existence of humanitarian crises, the protection of environmental human rights is not given sufficient attention, as a result of which the existing organizational and legal mechanism for the protection of such rights is imperfect.

A number of international legal acts adopted under the auspices of the Organization of African Unity and the African Union regarding the promotion, guaranteeing and protection of such rights were analyzed, in particular: the African Charter on Human and Peoples’ Rights of 1981, the African Charter on the Rights and Welfare of the Child of 1990, the Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa of 1991, Constitutive Act of the African Union of 2000, Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) of 2003, African Convention on the Conservation of Nature and Natural Resources of 2003, Agenda 2063: The Africa we want, etc. It was determined that the basis of the institutional system for the protection of environmental human rights is the African Commission on Human and Peoples’ Rights, the Special Procedures established by the Commission, and the African Court on Human and Peoples’ Rights. The practice of protecting environmental human rights in the African region was characterized. In accordance with the stated problems, appropriate conclusions and recommendations were made.
Control activity: general theoretical approaches
Authors: Gerych A.
Published: December 2022

It is indicated that the process of finding and establishing an effective system of public administration, building the organizational structure of the system of bodies and their activities continues in Ukraine. In accordance with this process, a system of control in the sphere of executive power is also being created. In addition, today another country faced the global problem of global migration movements, which became the reason for the revision of the established standards of migration policy formation of many states. In Ukraine, the issue of migration became even more relevant in connection with intra-state movements of persons, which is connected with the full-scale war with Russia. Accordingly, the formation of an appropriate control mechanism in the field of migration not only does not lose its relevance, but also becomes vital in modern conditions.

It has been established that when defining the concept of “control”, it should be noted that despite the fact that a large number of powers of authorities are de facto aimed at the implementation of the control function, control is not always directly mentioned in regulatory acts, but where it is used, it is not explained. Therefore, its concept exists mainly in the field of scientific abstractions.

The content of the control activity includes only fact-finding and evaluation components and does not provide for the use of coercive or encouraging measures that can be applied either as a result of the control activity or without it. In the opposite case, the content of control expands too much. Accordingly, both its scientific systematization and the normative regulation of its principles, types, methods, forms and methodsof implementation, the basic requirements for the procedure of its implementation, are complicated. Jurisdictional component, bringing to responsibility is carried out in accordance with different principles and rules, regulated by separate norms relating to administrative and disciplinary responsibility. Therefore, the expansion of the content of control up to the means of punishment is not justified either from the theoreticalor from the practical side.
Positive experience of Germany regarding legal regulation of social protection of civil servants in modern conditions of information communications
Authors: Shapovalova K.
Published: December 2022

The article analyzes the specifics of the legal regulation of social protection of civil servants in Germany. The main laws of Germany in this area are given. The content and significance of the legislative provisions on the social protection of civil servants in the modern conditions of information communications are detailed. The positive aspects of the legal regulation of this area in comparison with the domestic experience are indicated. A list of proposals for borrowing such points from national social legislation has been formulated. This is, first of all, provision of their material and social needs, which arise in connection with the restrictions they experience in connection with the performance of tasks and functions of the state. In connection with the fact that a civil servant performs tasks and functions of the state in his official activities, the state must take responsibility for providing him with everything necessary. That is why the principle of retention, according to the German model, should become one of the key principles of public service. Remuneration of civil servants should become more progressive and take into account a wider range of aspects that affect the amount of wages. The importance of each of them for improving the legal regulation of social protection of civil servants in Ukraine is argued. Social protection of civil servants in Ukraine is only partially related to various social risks. The legislation of European states provides for a slightly narrower range of restrictions that civil servants are subject to, defines a slightly wider range of social guarantees, the issues of restrictions and social guarantees are better balanced, and most importantly - the legislation of other countries allows forming a correct understanding of the essence of social protection of civil servants, as a guarantee of their maintenance and maintenance of their families at an adequate level for civil servants to perform their duties professionally. This is the key difference in the legal regulation of social protection of civil servants in Ukraine and European countries, and it is this that must be changed first of all in the modern conditions of information communications and European integration of Ukraine for the further development of this institutionin our country.
Regarding the definition of the concept and meaning of social guarantees of prosecutors.
Authors: Shal V.
Published: December 2022

The article examines the categorical and conceptual apparatus in the field of social guarantees of prosecutors. To begin with, the author made a systematic analysis of the scientific opinions of scientists regarding the understanding of the essence of such a category as “social guarantees” and proposed to understand the social guarantees of prosecutors as a system of methods, means and conditions defined by the current legislation, which are aimed at protecting prosecutors from social risks, providing adequate material, monetary and social security, taking into account its special legal status. The author also noted that “prosecutor independence” is a complex systemic category that depends on objective and subjective factors, as well as internal and external conditions. In order to achieve the independence of the prosecutor, it is necessary to take legal, organizational, and financial measures, to increase their social and material support. Therefore, guarantees of independence of the prosecutor and social guarantees cannot be equated, since the former is a broader concept in its content.

The article notes that social guarantees of prosecutors are important in their social protection, since: 1) social guarantees affect the level of social security of prosecutors; 2) social guarantees are aimed at ensuring a decent and sufficient standard of living for prosecutors; 3) contribute to the creation of proper working conditions for prosecutors for effective performance of their powers and overriding tasks of the state; 4) contribute to reducing and mitigating the vulnerability of prosecutors and the consequences of the occurrence of relevant risks that threaten the prosecutor during the performance of his powers; 5) contribute to increasing the level of social protection of prosecutors.

It was concluded that the social protection of the prosecutor needs increased attention from the state, because due to his specific activity and during the performance of specific powers, situations may arise that threaten the life and health of the prosecutor. Therefore, the establishment of increased social guarantees for prosecutors is one of the ways to increase their social security.
Problems of legal regulation of termination of the employment contract for violation of labor discipline in special conditions
Authors: Honchar V.
Published: December 2022

The article is devoted to the study of the problems of legal regulation of the termination of the employment contract for violation of labor discipline in special conditions. When researching the problems of legal regulation of termination of an employment contract for violation of labor discipline in special conditions, the author revealed two issues: termination of an employment contract for violation of labor discipline during emergency situations; abuse of legal position by the employer. The author in the scientific work provides that the termination of the employment contract (dismissal) for violation of labor discipline, as a type of disciplinary penalty, is provided for in part 1 of Article 147 of the Labor Code. The imposition of such a disciplinary penalty as dismissal is allowed only in cases specified by law: for systematic non-fulfillment of labor duties (clause 3 of article 40 of the Labor Code); for absenteeism without valid reasons (clause 4 of article 40 of the Labor Code); for appearing at work in a state of narcotic, toxic or alcoholic intoxication (Clause 7 of Article 40 of the Labor Code); for theft of the owner’s property (clause 8 of article 40 of the Code of Criminal Procedure); for a one-time gross violation of labor discipline by the manager and some other categories of employees (paragraph 1 of article 41 of the Labor Code); for the culpable actions of the head of the enterprise, institution, or organization, as a result of which the salary was paid late or in amounts lower than the amount of the minimum salary established by law (clauses 1-1 of Article 41 of the Labor Code); for the culpable actions of an employee who directly handles monetary, commodity or cultural values, if these actions give rise to a loss of trust in him on the part of the owner or a body authorized by him (clause 2 of article 41 of the Labor Code); for committing an immoral offense incompatible with the continuation of this work by an employee performing educational functions (paragraph 3 of article 41 of the Labor Code).

In addition, the author stated that a violation of labor discipline is considered to be non-compliance during the production process with the rules of conduct established by current legislation, rules of internal labor regulations, job instructions, orders and orders of the employer. A violation of labor discipline is also considered the employee’s refusal without a good reason to conclude an agreement on full financial responsibility, if the conclusion of such an agreement is provided for by current legislation; refusal or evasion without good reason from passing a medical examination of employees of certain professions; refusal or evasion of an employee from passing special training during working hours and passing a safety technology exam, if these are mandatory conditions for admission to work.
The normative basis of the principle of gender equality legislation of Ukraine on labor and employment
Authors: Svitovenko D.
Published: December 2022

The purpose of the article is to clarify the system of acts of the current legislation of Ukraine on labor and employment, which contains norms that reflect the complex essence of the principle of gender equality in the field of labor and employment. The position is substantiated, according to which the normative basis of the principle of gender equality consists of international legal acts (in force on the territory of Ukraine due to their universal mandatory nature or as a result of their ratification by the Ukrainian Parliament), as well as acts of national legislation that contain, in particular, general the idea of legal equality between men and women and/or the idea of equality between men and women in the field of work and employment. The author notes that the international legal level of the normative basis of the principle of gender equality in the field of labor and employment includes: international legal acts in the field of international legal order, human rights, relating to gender equality in the field of labor and employment; international legal acts in the field of labor and employment, which declare gender equality of people in the relevant field (conventions of the International Labor Organization). The national level of the normative basis of the principle of gender equality in the field of labor and employment is connected with separate norms of the Constitution of Ukraine, the Code of Labor Laws of Ukraine, the Law of Ukraine “On Ensuring Equal Rights and Opportunities of Women and Men”. women who are pregnant, have given birth to a child, are nursing babies, are in an extremely vulnerable state (in the context of the general labor law regime). Therefore, such women are objectively less competitive in the labor market and need positive discrimination (in fact, the expansion of the non-gender approach to determining the legal status of an employee), measures for the implementation of which are provided for by the labor legislation of Ukraine, given that our state is a social and legal . Taking this into account, women who perform the social role of mother, and motherhood reduces their competitiveness in the labor market, possessing a non-gender legal status of an employee, are additionally granted the status of a female worker, which is not a violation of the principle of gender equality in the field of work and employment, but on the contrary - an important condition for its proper (socially safe) implementation.
The current issues of health and recreation provision for employees of prosecutor’s offices
Authors: Kuprun Ye.
Published: December 2022

This article is concerned with the definition of content, as well as the issues relating to health and recreation in Ukraine (as part of social protection for employees of the prosecutor’s offices). It is established that within the framework of health and recreational provision, employees of the prosecutor’s office are entitled to certain tangible and intangible benefits in the field of healthcare. Firstly, such employees can receive annual rehabilitation assistance in an amount that does not exceed the average monthly salary of the prosecutor (within the framework of annual paid leave). Secondly, employees of the prosecutor’s office can expect to receive free medical care (also after their retirement). It is proved that the measures provided for by the legislation of health and recreational provisions for employees of the prosecutor’s office in Ukraine are not sufficient. This conclusion is justified by the fact that the relevant tools do not really correspond to the high intensity of the work of prosecutors. Additionally, they do not reflect the inflated social expectations based on the activities and lifestyle of prosecutors. Taking into account the experience of legal regulation of health and recreational provision for employees of the prosecutor’s office in the Slovak Republic, the author suggests, firstly, creating and ensuring the activities of the Department of psychological health in the structure of the prosecutor’s office. Secondly, the author points out the need to provide in the legislation the possibility of granting vacations to improve psychological health. The relevant legislative changes will take into account the humancentred direction of Ukraine’s development. This is based on the idea that a person, his health and life are of greater value in society.
Civil agreement as a legal regulator of relations on the creation and implementation of innovations
Authors: Stasiv A.
Published: December 2022

The article analyses the agreement as one of the main regulators of the private-legal component of innovation relations. It is proved that the contract due to the principles of freedom of its conclusion and determination of its content is the most effective form of regulation of relations on development and implementation of innovations.

The author proves that the agreement in modern conditions is a universal structure, that successfully works in all planes of social relations based on legal equality and freedom of expression. And the sphere of legal relations does not affect the essence of a civil law agreement. The qualifying criterion is the methods of legal regulation.

The design of the agreement allows the parties to the relationship to set out the terms and conditions that they need. Accordingly, the article substantiates that the agreement takes on the characteristics of an individual act of law-making.

The civil agreemant as the “regulator” of innovation relations covers all possible segments of their emergence, realisation, change or termination. Private legal innovative relations include property and non-property relations. However, the author notes that property and non-property relations are multifaceted and multidimensional in their content. Therefore, the need to disclose what is the peculiarity of property and non-property relations specifically in the area of innovation is justified.

The article proves that the subject of private law regulation of the civil agreement in the sphere of innovation relations is: 1) relations in the sphere of intellectual property law and related information relations. Human intellectual activity is a fundamental category of innovation relations. The characteristic of novelty is at the heart of innovation and brings us into the sphere of intellectual property law relations. The author notes the inseparable connection of information relations and relations of intellectual property rights as a subject of regulation of civil-law agreement; 2) organizational relations. In particular, innovation relations are connected with the creation, use of innovations as objects of intellectual property rights and their introduction into production, so require complex factual and legal actions aimed at ordering the legal relations between their participants; 3) property relations on creation and implementation of innovations.
VECTORS OF DEVELOPMENT OF PEDAGOGICAL SKILLS OF FUTURE CHEMISTRY TEACHERS IN THE PROCESS OF PROFESSIONAL TRAINING
Authors: Rudchenko Victoriіa
Published: December 2022

The purpose of the article is to characterize the peculiarities of the development of pedagogical skills of future chemistry teachers in the process of professional training. Research methods applied: analysis of psychological and pedagogical literature with further generalization and systematization of its results; comparison of scientific approaches, positions of domestic and foreign scientists on the topic of research. The professional portrait is of the following ‒ a highly cultured individual with a stable formed scientific outlook, who knows a subject perfectly, has a thorough knowledge of pedagogy, psychology and methodology of teaching, applies them in his practical work; has abilities to pedagogical work, which are manifested in pedagogical creativity, ingenuity in the organization of the education process in order to achieve high results. The article emphasizes the pedagogy of professional training for future chemistry teachers through the amplification of logically related disciplines of curriculum and saturation with pedagogical content on the basis of application of creative and reflective methods and forms of teaching. The pedagogical skills of the future chemistry teachers: displays of creative activity, the ability to organize humanocentric educational process, developed pedagogical skills. Ideas of humanistic pedagogy should cover everyone, without exception, who is involved in modern education. In accordance with the principles of humanistic pedagogy take place: a system of building mutually favorable, benevolent, harmonious human relations; creating a humanely oriented developmental environment with the goal of disclosure and development of abilities, talents of the individual, for student’s whole life; the development of humanistic thinking as a super task in daily pedagogical work; creative orientation of educational process based on mutual respect and emotional contact.
DIGITALIZATION OF THE PROFESSIONAL TRAINING OF TEACHERS IN HUNGARY
Authors: Stoika Olesia
Published: December 2022

The article examines the development of digitalization of professional training of teachers in Hungary. This study focuses on the digitalization of teacher training in Hungary, which is related to traditional education and has a significant impact on online activities and the process of online education for learning. Attention is focused on the necessity to develop methods and rules of electronic and programmed learning methods suitable for monitoring and development of digital education. The relevance of the problem of forming digital competence in Hungarian higher education institutions is obvious, since technical progress is developing at a fast pace, and digitalization has already penetrated all spheres of life, in particular, the education system. The current state of digitalization of professional teacher training in Hungary, as well as the steps and key factors for the further development of digital learning has been analyzed and considered. To solve the set of tasks and achieve the goal of the research, general scientific methods are used: theoretical; comparative, empirical, comparison by one feature, by several features; translation of authentic literature, etc. The process of learning in the digitalization of society and acquiring the necessary skills are key factors in the development of society and the economy of any country. As modern societies and economies change through globalization and technological progress, a fundamental transformation of education and science across Europe is needed to provide the knowledge and skills for growth, employment and active life in society. The heterogeneity of digitalization processes requires the understanding and analysis to identify productive options and their active use in the future.
APPLICATION OF THE SITUATION ANALYSIS METHOD IN A PRIMARY SCHOOL
Authors: Tovkanets Hanna
Published: December 2022

The article substantiates situational analysis as a complex technology for the preparation, adoption and implementation of a pedagogical decision, which is based on the analysis of a single pedagogical situation. It is emphasized that the method of situational analysis contributes to the development of students' independent thinking, the ability to listen and take into account an alternative point of view, to express their own in a reasoned way. Through this method, analytical and evaluative skills are identified and improved, students learn to work in a team, find the most rational solution to the problem. The peculiarities of the application of the method of situational analysis in elementary school are determined: the use of practical situations, the basis of which are typical situations that are most often encountered in life, that is, the "active" model of the situation, the maximum clarity and detail of the situational complex; focus on learning about life and acquiring the ability for optimal adaptive activity, on the development of the value system of education seekers, value positions, life attitudes, a unique worldview and world transformation; the emphasis of education is transferred to the production of knowledge, to the co-creation of the student and the teacher. The order of practical implementation of the method of situational analysis has been revealed: choosing a topic for situational analysis; acquainting students with reference materials, explaining the work process, feedback is important, that is, checking whether students understand the assigned task; students' independent processing of individual tasks; presentation of proposed solutions, discussion of proposals; work evaluation. It was concluded that the method of situational analysis allows to increase the cognitive interest in the studied subjects of primary education students, to improve the understanding of socio-economic phenomena, contributes to the development of research, communication and creative decision-making skills.