bluuebunny/crossref_metadata_2025 huggingface dataset:
METAMERISM INDEX OF LED LIGHT ON HALFTONE COLOUR IMAGES
Authors:   Faculty of Graphic Arts, University of Zagreb, Zagreb, Croatia, Zjakić Igor , Ljevak Ivana ,   Meteor Grupa-Labud d.o.o, Radnicka cesta 173, 10000 Zagreb, Croatia, Bilalli Albulena ,   Technical high school, 28 Nentori, Prishtina, Kalabria 12, Qershori
Published: May 2021

Skin face detection in photo imaging, is an important component of systems for detecting similarities in visual perception, tracing faces through illumination and metamerism. This paper presents an evaluation of the skin perception under standardized conditions of varied light sources: cool-white fluorescent “store light”, 6500K fluorescent “daylight”, and incandescent “home light”, Led light 6500 K, 2700K, 4000K CCT. In cases where the discrepancy is large, the resulting index of metamerism can be misleading. A small index of metamerism and a large change of color under illuminant metamerism has a different interpretation than what is perceived. This has been demonstrated through small colour variations in print through CMYK colors. The implication is that particular indices of metameric should only account for a limited range under different light conditions. The method used in this paper is based on visual perception, which aim to work with a wide variety of individuals, under varying lighting conditions under the influence of standard daylight, but in this case we also used the Led light 6500K correlated colour temperature, and variations of skin color tones, comparing the illuminant metamerism of visual perception based on different reflectance power distributions (SPDs).
PUBLIC-PRIVATE PARTNERSHIP: CHARACTERISTICS AND DIFFERENCES FROM PUBLIC PROCUREMENТ
Authors:   University of State Fiscal Service of Ukraine, Lazebnyk Larysa , Nuriakhmetov Yevhenii ,   University of State Fiscal Service of Ukraine
Published: May 2021

Рublic-private interactions have become commonplace in the economic life of many countries. Governments, state-owned enterprises and organizations use various forms and mechanisms to attract private capital to fulfill the main responsibilities of the state - the provision of socially important public services related to the development and maintenance of transport infrastructure (roads, bridges, tunnels, parking lots), water supply, social housing, telecommunications infrastructure, sewage treatment plants, museums, schools, hospitals, and in some countries even private prisons. The state turns to such an instrument of contractual agreements with private partners as public- private partnership in order to bridge the gap between available resources and funds needed to finance projects in the above areas, diversify supply, ensure optimal value for money, allocate not only costs but and risks. Using the definition of public-private partnership, which is given by authoritative international organizations, contained in the Law of Ukraine "On Public- Private Partnership" and research, the article describes the key features of public-private partnership. These are the distribution of risks, the conflict of interests of partners, the problem of agency relations, longevity. The main attention is paid to identifying the specifics of PPP from the standpoint of differences from traditional procurement. This analysis distinguishes the requirements for these two types of contracts between public and private entities and identifies factors that may lead to wrong choices and thus discourages the desire to optimize value for money in the provision of socially necessary services. Awareness of the peculiarities of PPP will contribute to the success of its future implementation and practical implementation in Ukraine.
THEORETICAL AND METHODOLOGICAL PRINCIPLES OF CASH FLOWS OF ENTERPRISES
Authors:   Yuriy Fedkovych Chernivtsi National University, Greshko Roman , Kharabara Violetta ,   Yuriy Fedkovych Chernivtsi National University, Tretyakova Olena ,   Yuriy Fedkovych Chernivtsi National University
Published: May 2021

Efficient management of cash flows of the enterprise provides predict activities in a modern organization. The issue of ensuring balancing and synchronization of outflow and inflow of cash and their equivalents is important for any enterprise. The urgency of the study greatly increases in conditions of complex economic processes that create significant risks and difficulties in conducting a balanced cash flow management policy. The purpose of this study is to substantiate the theoretical and methodological principles of management of cash flows of the enterprise, which provides for the determination of the content of the concept of cash flows, their types and classification, as well as the formulation of methodological approaches to the management of cash flows of the enterprise. The theoretical basis for conducting research is the work of domestic and foreign scientists who studied the issue of managing the cash flows of the enterprise. In the course of the study of theoretical and methodological bases of management of cash flows of the enterprise, economic content and value of cash flows of the enterprise are determined. In the course of studying the approaches of various scholars, the proper definition of cash flows, which characterizes them as the receipt and payment of highly liquid assets of the enterprise within the framework of financial, investment and current activities of the enterprise, is formulated in order to ensure uninterrupted production, sales and other work, which leads to a change in the amount on the current account in the bank and the balance in the box office. Also in the article, methodological approaches to managing cash flows of enterprises that provide for quality accounting and collection of information on funds, analysis of preliminary management experience, substantiation of optimization measures, drawing up a payment calendar for the next year, control over the implementation of a substantiated cash flow management policy. Measures are determined to balance cash flow due to leasing, use of leasing, buying, emission or sale of corporate bonds or other securities, changing the policy of selling goods and services.
ROLE AND MAIN DIRECTIONS OF INTERNET MARKETING DEVELOPMENT
Authors:   National University “Kyiv-Mohyla Academy”, Kurylo Liudmyla , Kozchenko Yaroslav ,   National University “Kyiv-Mohyla Academy”
Published: May 2021

The author conducted a study of the role and actual functions of Internet marketing nowadays, analyzed the latest publications and studies of domestic and foreign scientists relating to Internet marketing. The definitions of Internet marketing by various scientists were considered. It was determined by the problematic that exists in the field of internet marketing at the moment. A review of modern tools we identified the main tools of Internet marketing, by which the communication occurs on the Internet: SEO (Search Engine Optimisation), search (paid) advertising, Media advertising, SMM (Social Media Marketing) social media marketing, content marketing, E-mail marketing; Hootsuit's company research analysis determined the number of Internet users and purchasing power in the online environment, which averaged 500 USD per year. The number of Internet users in the online environment averaged 500 USD per year. And also to prioritise specific types of products. We have also identified that search engines are the main source of learning new information for consumers. Having analysed the dynamics of internet penetration in Ukraine, it appears that the number of internet users increased by 8% in 2019, with 22.96 million Ukrainians using the internet at the end of 2019. The article examines the possibilities of Internet marketing tools that become available when using such a tool as web analytics, including: personalised offers to customers, building relationships with customers, after a purchase is made and increasing their retention rate. A study of advertising costs on the social network Facebook, during the presidential elections in Ukraine in 2019 and during the presidential race in the USA in 2020 was conducted. And also defined the role played by social networks in building relationships with the target audience. During the research, recommendations for the use of the main tools of Internet marketing were made and it was determined which business areas are not suitable for each of the tools. Based on the research and statistical data was predicted directions of development of Internet marketing.
ADVERTISING ACTIVITY OF THE ENTERPRISE AND DIRECTIONS OF ITS IMPROVEMENT
Authors:   National University ", Kurylo Liudmyla ,   Kyiv-Mohyla Academy", Pichyk Nataliia ,   National University "Kyiv-Mohyla Academy"
Published: May 2021

Effective promotional activities are a factor in the stability and profitability of an enterprise. A study of the current state and peculiarities of the advertising activities of the company has been conducted. The mission and main tasks to be solved with the help of advertising, namely increasing sales, increasing recognition of goods and services of the company, improving the image of the company and others were defined. Planning plays an important role in the implementation of advertising activities and helps the company to achieve their advertising goals using available resources. The main stages of the advertising campaign are defining the goals of the advertising campaign, specification of the target audience, specification of the advertising budget, choice of the advertising channel, development of the advertising message, advertising placement and analysis of its effectiveness. Trends in the advertising market are constantly changing and new ways of information distribution appear every year, therefore special attention is paid to the choice of advertising channel. The article analyses the results of the survey of advertising agencies on the choice of advertising channel in 2020. Nowadays there is no universal system for evaluating the effectiveness of advertising campaigns. For each advertising campaign it is necessary to develop its own system of KPI, i.e. key performance indicators which will take into account all specific factors of the company. KPIs ensure strategic and operational improvement, provide an analytical basis for decision-making and help focus attention on what matters most. With the rapid development of advertising technology, services are emerging that help analyse advertising activity data in real time. The performance indicators that are most often used to evaluate the effectiveness of advertising were analyzed, and the planned and actual KPIs of the cosmetics manufacturer's advertising campaign were compared. The article provides directions of improving the advertising activities of the company, and also developed recommendations for improving the advertising activities of the cosmetics manufacturer's, namely, increasing the advertising budget, using methods to increase the average check, email marketing and POS-materials.
INVENTORY MANAGEMENT SYSTEM OPTIMIZATION OF THE UKRAINIAN PLANT
Authors:   Kyiv National University of Trade and Economics, Kulynych Tetiana , Pustova Viktoriia ,   Kharkiv State Socio-Economic College, Halkina Olha ,   Kharkiv State Socio-Economic College, Hudoley Yuliya ,   The International University of Logistics and Transport in Wroclaw
Published: May 2021

The article is devoted to the problems of the efficient operation of enterprises and increasing of their competitiveness through the fast-changing market conditions in Ukraine. Investigated problem is reducing the costs and obtaining the maximum productivity from the inventory system of Ukrainian Engineering Plant "FED". The article presents the results of a study conducted by the authors on the inventory management process optimization of Ukrainian Engineering Plant "FED". The main scientific results: the study of the inventory system of Ukrainian Engineering Plant "FED" identified low inventory turnover, due to which their growth occurs, lack of own warehouse, the use of the principle of cell storage is inappropriate for this organization, which also causes an increase in stocks. The following solutions were proposed: reducing the share of stocks, that is, maintain constant sales and prevent them from stocking up in warehouses, using of an inventory management system with a fixed order size, the need of a properly equipped area for storing goods - a project to create a customs warehouse, implementing an automated inventory management system at Stock-M. Reducing the share of stocks and using of an inventory management system with a fixed order size will decrease the average annual inventory, the turnover ratio, respectively, the duration of the turnover period will also decrease. Implementing an automated inventory management system at Stock-M will have the great economic effect. The creating of customs warehouse, will save more than 3 million UAH per year, while it will also make a profit by offering storage services to other organizations. Research results can be used for increasing the level of inventory management system, optimization of inventory management processes and achieving higher economic results.
COMPOSITION AND INDICATORS OF ASSESSING THE POTENTIAL FOR INCREASING THE COMPETITIVENESS OF ENTERPRISES
Authors:   Lviv Polytechnic National University, Yemelyanov Oleksandr , Lesyk Liliia ,   Lviv Polytechnic National University, Petrushka Kateryna ,   Lviv Polytechnic National University, Symak Anastasiya ,   Lviv Polytechnic National University
Published: May 2021

An important goal of the economic activity of many enterprises is to ensure their sustainable economic development. In turn, one of the main conditions for such development is enterprises with the potential to increase their competitiveness. However, estimating the magnitude of this potential faces significant difficulties. These difficulties are due to the complexity of building the potential to increase the competitiveness of enterprises and the need for simultaneous use of several indicators for its evaluation. Therefore, the purpose of this study was to determine the composition and establish indicators for assessing the potential for increasing the competitiveness of enterprises. It is shown that the potential of competitiveness of the enterprise should be identified with its ability to ensure a certain level of its competitiveness in the future. The following types of this potential are distinguished: 1) short-term internal potential of competitiveness, which characterizes the maximum possible level of competitiveness of the enterprise, which can be achieved in the short term with the current parameters of the external environment; 2) the total short-term competitiveness potential characterizing the maximum possible level of competitiveness of the enterprise which can be achieved in the short term considering changes in the external environment caused by increasing the level of competitiveness of the enterprise; 3) the total prospective potential of competitiveness, which characterizes the maximum possible level of competitiveness of the enterprise, which it can achieve over a period of time, taking into account all possible changes in the internal and external environments of the firm. A number of indicators assessing the potential for increasing the competitiveness of enterprises are presented. They are divided into relative and absolute. In turn, relative indicators are also divided into two groups. The calculation of the indicators of the first group involves comparing the predicted values of certain absolute indicators in the studied enterprise with the predicted values of these indicators in competitors. The calculation of indicators of the second group involves comparing the relative indicators of the first type with the actual values of the relevant indicators at this enterprise at the present time.
LEGAL REGULATION OF PHYTOSANITARY MEASURES APPLICATION IN VEGETATION IN UKRAINE IN THE LIGHT OF EU REQUIREMENTS
Authors:   Lesya Ukrainka Volyn National University, Karpinska Nataliia
Published: May 2021

The article is devoted to the characterization of phytosanitary legislation of Ukraine through the prism of EU requirements. It is indicated that in Ukraine there is a fairly extensive phytosanitary legislation, based on the Law of Ukraine «On Plant Protection» which contains a legal definition of the basic concept. Based on the analysis of this law, the main features of the legal category «plant protection» are identified and characterized as: systemic, preventive economic and environmental goals, a broad object structure of plant protection relations and protection against biological threats (pests (insects, mites, microorganisms, nematodes) , rodents), pathogens (phytopathogens: viruses, bacteria, fungi), weeds (unwanted vegetation in lands, crops, plantations of crops, which competes with them for light, water, nutrients, and contributes to the spread of pests and diseases )). Particular attention is paid to the characteristics of the basic requirements for plant protection, which are divided into three groups, namely: technological requirements, environmental and legal requirements. It is established that in contrast to the limited and debatable list of rights of agricultural entities in the field of plant protection, the responsibilities of such entities are quite detailed and presented in the article in three groups: responsibilities for independent action; responsibilities for promoting the actions of others; responsibilities for the handling of plant protection products. It was found that the legislator in formulating the general responsibilities of agricultural entities (in the opinion of the author of the article), missed an important obligation to apply integrated plant protection, and this aspect is quite fundamental. Based on the analysis of EU legislation, the idea that the implementation of the principles of integrated pest management should be mandatory, and the implementation of integrated pest management is the growth of healthy crops with minimal possible disturbances in agroecosystems and the promotion of natural pest control mechanisms. Methods of plant protection are considered and characterized. The conclusion is substantiated that the modern integrated system of measures is based on the complex application of agrotechnical, chemical and biological methods of plant protection, where the main criterion is the optimization of the chemical method of protection.
LEGAL REGULATION OF CERTAIN ADMINISTRATIVE AND ECONOMIC SANCTIONS APPLICABLE BY CIVIL SERVICE OF UKRAINE FOR TRANSPORT SAFETY
Authors:   Yaroslav Mudryi National Law University, Kovtun Maryna , Shymanskyi Bohdan ,   Yaroslav Mudryi National Law University, Harkusha Vladyslav ,   Yaroslav Mudryi National Law University
Published: May 2021

The article is devoted to the study of the legal nature of administrative and economic sanction and administrative and economic penalty as its type and separately considered the legality of the application of this type of sanction in a separate case by the State Service of Ukraine for Transport. The scientific positions and approaches to which the type of responsibility should be studied should be studied. It has been established that the positions of scientists are mainly divergent in two directions - some attribute them to economic and legal responsibility, while others to the administrative. The practice of depositing the State Service of Ukraine for transport on the use of an administrative- economic fine to business entities carried out within the territory of Ukraine through the absence of documents containing data of the operation of the device for registration of the registration regime and recreation of drivers (tachographs). On the regulatory and legal basis for regulating the provinces of Ukraine, and the individual provisions of the Commercial Code of Ukraine, the Law of Ukraine "On Automobile Transport", the provisions on working hours and time of rest of drivers of wheeled vehicles, approved by the order of the Ministry of Transport and Communications of Ukraine No340. From the norms of these legislation acts, it becomes clear that the audits on the availability of established tachographs and respectively documents containing data on their work on vehicles carried out internal transportation are not covered by a circle of powers of the State Service for Transport Security. It also notes that administrative courts when considering the appeal of the above-mentioned decisions took the position of the state body and misinterpret the norms of legislation, which in turn leads to the case of unfair decisions that are contrary to the requirements of legislation. It is emphasized on the need to change this false trend in order to avoid illegal interference of state authorities into economic activities of business entities.
LEGAL ANALYSIS OF THE CURRENT SITUATION AND TRENDS IN THE DEVELOPMENT OF EU AND UKRAINE LEGISLATION IN THE FIELD OF CYBER SECURITY
Authors:   Yaroslav Mudryi National Law University, Kosinova Daryna , Ivchuk Kateryna ,   Yaroslav Mudryi National Law University, Cherniavskyi Oleksandr ,   Yaroslav Mudryi National Law University
Published: May 2021

The article is devoted to the issue of settling relations on the implementation of cyber security policy in the European Union and Ukraine. The leading role of the EU in the process of determining the key directions of cyber policy in the EU member states, as well as the steps of Ukraine in this area in the course of European integration reforms are studied. The authors analyze the system of normative acts of EU institutions in the field of cybersecurity, including, in particular, strategic documents containing general guidelines for policy implementation, as well as binding regulations and directives, the provisions of which specify mechanisms for implementing cyber policy in EU member states. The main normative documents of the EU in the field of cyber security of both states and private consumers of digital services on the Internet have been identified. The formation of a secure digital market in the EU in the context of the implementation of certification schemes for digital products and services, as well as the regulatory and institutional framework for combating fraud on the Internet are analyzed. The main opportunities, means of implementation and EU institutions responsible for the functioning of the secure European cyberspace, in particular the EU Cyber Security Agency (ENISA), are explored. In the context of the adoption of the new EU Cyber Security Strategy for the next 10 years, future EU steps in the field of cyber security are identified, such as accelerating the implementation of key Internet security standards, application and rapid completion of 5G technologies, cyber intelligence, etc. The authors analyze the system of legal acts of Ukraine in the field of national cybersecurity. The shortcomings of the regulatory and legal regulation of cybersecurity and the implementation of regulations of national legislation are identified. In addition, the authors note the positive developments in the implementation of cyber policy in Ukraine, including the development of the Cyber Security Strategy of Ukraine for 2021-2025.
SOCIAL HUMAN RIGHTS: GENERAL THEORETICAL CHARACTERISTIC
Authors:   Yaroslav Mudryi National Law University, Bogachova Lyudmyla , Herhulenko Tetiana ,   Yaroslav Mudryi National Law University
Published: May 2021

In the article, within the framework of the general exploration of human rights was made an attempt to substantiate the importance of social rights as a separate category of rights that belongs to the «second generation» of human rights and needs analysis within the state and legal reality. Attention was paid to the historical aspect of the development of social rights. The events, that inevitably influenced the emergence, development and ideological justification of the need for recognition of social rights are analyzed, the causal links involved in their formation are also indicated. In publication the connection of social rights with the concept of the welfare state is revealed, the main purpose of this state is to promote the realization of these rights. The fundamental features of this form of organization of government and society make it possible to evaluate the great dependence of the realization of social rights on socially oriented policy and economy of the country. For a deep understanding of the essence and ideas embedded in the content of social rights, the features and characteristics of this category of rights are studied. Attention is also paid to the different approaches to the concept of social rights expressed by researchers in this issue. The sources in which social human rights are legally fixed are considered (the Universal Declaration of Human Rights, the European Social Charter, the Constitution of Ukraine, the German Social Code). Also there is a comparative analysis of the enshrinement of these rights in courses mentioned above. Particular attention is paid to the characteristics of social rights listed in the German Social Code, as well as to the content of the agreement between Ukraine and Germany about cooperation in the social sphere. Great attention in the publication is paid to the studying of events in Ukraine that hinder the realization of social rights. The coronavirus pandemic and military events in the East of the country have negative impact on the implementation of social rights. The statistical data confirming the violation of the housing rights and medical care at present are given. Conclusion is formulated about the need of analyzing social rights as a specialized group of human rights, which have passed a significant historical path of formation and have unique characteristics and features.
APPLICATION OF THE RULE OF LAW IN JUDICIAL PRACTICE
Authors:   Yaroslav Mudryi National Law University, Bogachova Lyudmyla
Published: May 2021

The article defines the concept of the principle of the rule of law both in the narrow and broad sense. In the narrow sense, the principle of the rule of law is understood as the rule of law over legislation, and in the broad sense - as the rule of law over the state, state arbitrariness. Different approaches to disclosing the content of the principle of the rule of law in national and European legal doctrines are systematized. The lack of a single generally accepted concept of the principle of "rule of law" is emphasized. The decisions of the European Court of Human Rights are analyzed; attention is focused on their interpretation of the rule of law. The realization of the principle of the rule of law, primarily presupposes the domination of inalienable and inviolable human rights and freedoms over the political power of the state, and also requires quality laws and observance of the principle of legal certainty. The interpretation of the principle of the rule of law in the decisions of the Constitutional Court of Ukraine is considered. The CCU emphasizes that the rule of law is first and foremost the "rule of law in society"; characterizes the principle, linking it to the ideas of social justice, freedom and equality, without which it is impossible to imagine true human development and existence. The Constitutional Court calls justice as one of the basic principles of law, which is crucial in defining it as a regulator of social relations, one of the universal dimensions of law. Examples of application of the rule of law in the practice of the Supreme Court of Ukraine are given. Judges not only make a formal reference to the rule of law, but also try to analyze and disclose the content of its constituent elements (requirements) within a specific legal case. The main problems that hinder the effective implementation and realization of the rule of law in judicial practice are identified, namely - the lack of proper regulation and official interpretation; low quality of laws and legislative process; excessive number of conflicting laws; low level of legal awareness and legal culture of Ukrainian society, and early stage of civil society development in Ukraine. It is concluded that the rule of law is a principle whose main content is expressed in the following aspects: ensuring the rule of law over political power; subordination of state institutions to the needs of human rights protection and ensuring their implementation; priority of these rights over all other values of democratic, social, and legal state; preventing the manifestation of arbitrariness of state power, as well as ensuring compliance with the requirements of justice.
THEORETICAL ISSUES OF THE PROTECTION OF HUMAN RIGHTS IN THE DIGITAL ERA OF THE XXI CENTURY
Authors:   Yaroslav Mudryi National Law University, Sydorenko Olga , Zhelnin Valerii ,   Yaroslav Mudryi National Law University
Published: May 2021

The article is sanctified to research of interpretation and understanding of term «digital rights», decision of totality of those rights and freedoms of man, that fall under a term «digital human rights». In the article the issues of the day and questions were considered already fundamental rights, such as: right on life, right to freedom of speech, opinions, right to respect to private and domestic life in the context of informative computer network – Internet, and also the newest rights, such as: right on access to the Internet, right of digital self-determination, «right to be forgotten» and others like that. Separate attention was spared to the analysis of opinions of scientists and separate authors in relation to the protection of rights and freedoms of people in the Internet and research of events that will help to overcome the problem situations of realization and violation of «digital human rights and freedoms». It is educed that there are many different decisions that touch a term «digital rights», and also different approaches of interpretation of this term are considered, coming from the quantitative volume of rights, that can understand differently. This article attempts to formulate theoretical approaches and principles from the perspective of legal theory and philosophy that, if implemented, could overcome current human rights problems, existing violations of digital human rights and enhance their security and protection. Attempts have been made to explore the fact that, for a better protection of human rights and freedoms, it is necessary to educate the public about their rights and freedoms in the internet domain, to implement the conclusions of the ECHR in cases of human rights violations on the digital web, and so on.
ABORTION: VIOLATION OF ARTICLE 2 OF THE ECHR OR WOMEN'S EXERCISE OF THE RIGHT TO CHOOSE IN THE CONTEXT OF ARTICLE8 OF THE ECHR
Authors:   Yaroslav Mudryi National Law University, Asiryan Syuzanna , Zaika Anastasiia ,   Yaroslav Mudryi National Law University, Kovpyk Olha ,   Yaroslav Mudryi National Law University
Published: May 2021

The article analyzes the concept of reproductive rights, their history of origin and consolidation. The oriented list of the rights which fill the specified concept is defined. Particular attention is paid to the right to abortion. It is emphasized that there is no single approach to legalizing abortion, which lists the countries in which such a procedure is completely prohibited and those in which it is allowed, but with certain restrictions. The negative consequences that arise due to legislative prohibitions of abortion: abortion tourism, illegal abortions have been studied. The position of the ECtHR and its recommendations to countries where abortion is prohibited to implement legislative changes in order to prevent violations of Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and the fulfillment of its positive obligations regarding the aspect of the right to respect for private life, given that abortion cannot be considered a violation ofthe right to life of a newborn child. The problem of the legislative ban on abortion in Poland has been studied separately. There are a number of ECtHR cases against Poland in which violations of the right to respect for private life have been established, in particular in connection with the ban on abortion in case of fetal malformation. The grounds for legal abortionin accordance with current legislation are analyzed. Comments from public figures and public reaction to the assessment of the abortion ban in Poland are noted. Emphasis is placed on Poland's disregard for the ECtHR's recommendations on the need to relax restrictions on abortion, which are regulated by their national legislation, which hinders the provision of guarantees of human rights enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms.
ASSIGNMENT OF THE RIGHT TO DEMAND DIVIDENDS IN JOINT STOCK COMPANIES
Authors:   Kyiv National Economic University named after Vadym Hetman, Diadiuk Anastasiia
Published: May 2021

An article explores theoretical and practical problems of the assignment of the claim dividends to joint-stock companies. The author pointed to the legal nature of the transfer of the right of claim. Were studied the peculiarities and procedure of transferring the shareholder's right to receive dividends due to him to third parties. The right to receive dividends by a shareholder gives rise to a monetary obligation, the parties to which are a company (the debtor) and a shareholder (the creditor). We can see the possibility of assignment of the right to claim payment of dividends as a legal basis for replacing the creditor (shareholder) in the obligation because of the absence of a direct legal prohibition, as well as the personal nature of the legal relationship between the company and the shareholder. The practical implementation of this possibility is complicated by several factors, including the lack of a clear legal position on the nature of dividends, as well as the right to receive dividends; legislative non-regulation of the procedure for assignment of the right to demand payment of dividends. The analyzed decisions of the state regulator indicate the impossibility of replacing the creditor in the obligation to pay dividends if the shareholder transfers his rights to another person under the transaction (agreement) in the manner prescribed by regulations. The legal doctrine shows, the essence of the shareholder's right to dividends allows distinguishing the corporate right to dividends, and the right to claim payment of dividends (obligatory). Accordingly, the right to claim payment of dividends has the characteristics of an independent property object (asset), which may be the object of a contractual relationship. The obligatory right to demand payment of dividends will be the subject of a contract of assignment of the right to claim dividends to be paid (cession), as a kind of agreement of assignment of the right to demand a monetary obligation. The conclusion of an agreement on the assignment of the right to claim dividends is possible only after the acquisition by the shareholder (original creditor) of the right to claim the company.
TO THE QUESTION OF FORMS OF VOTING IN MODERN FOREIGN COUNTRIES
Authors:   Yaroslav Mudryi National Law University, Murtishcheva Alina , Plotnikova Anna ,   Yaroslav Mudryi National Law University, Dubyna Kateryna ,   Yaroslav Mudryi National Law University
Published: May 2021

The article is devoted to the study of different voting forms in foreign countries. The work identifies the reasons for the voting diversity forms: reducing the electorate to voting attention, the introduction of information technologies. It was found that the most widespread voting form is personal voting at the electoral address place, which can take place with the help of ballots and electoral machines. It was noted that the main disadvantage of this expressing will option is the decrease in the number of voters, and more recently, the inability of the authorities to ensure the citizens safety at polling stations due to the coronavirus pandemic. The paper describes the absentee voting essence (by mail, Internet, etc.). The disadvantage of this expression of will option is the possibility of administrative influence from the authorities. Absentee voting is classified into general and individual voting. Using the polish example, the introduction of mail-order voting in the 2020 presidential elections is shown. It is indicated that voting by post is classified into permissive and notification, internal and external. The voting essence procedure by mail is demonstrated by the example of Austria, USA, Switzerland, Great Britain, Australia. It has been established that in the American doctrine the concepts of «absentee voting» and «voting by mail» are synonymous. The article reveals the essence of voting abroad as one of the options for expression of will, which is used when communication between countries is limited or terminated. This type of voting is considered on the example of Brazil, Portugal, Romania, USA. The work also examines early voting, which is spreading in connection with migration processes and the pandemic, on the example of Finland, Japan, Canada. The essence of a rare form of expression of will — voting by proxy is determined. This type of voting is considered on the example of Monaco, Nauru, Vanuatu. The place of electronic voting in the system of voting forms is outlined. It is noted that its appearance is due to the low political activity of voters. The evoting procedure is analyzed in Estonia, where it still exists, and in the UK and the Netherlands, where this form of expression of will has already been abandoned. The disadvantages of electronic voting have been identified: distrust of voters, risks of interference in the work of the system, and others.
CONCERNING TO THE LEGAL NATURE AND IMPORTANCE OF THE ADVISORY OPINIONS OF THE EUROPEAN COURT OF HUMAN RIGHTS
Authors:   Yaroslav Mudryi National Law University, Ivanov Artem , Shyhapova Eliza ,   Yaroslav Mudryi National Law University
Published: May 2021

This article is devoted to clarify the significance of the advisory opinions of the European Court of Human Rights as a recently improved institution. Thus, according to Article 1 of Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms, the highest judicial institutions of the High Contracting Party, as defined in accordance with Art. 10 may apply to the Court for advisory opinions on matters of principle concerning the interpretation or application of the rights and freedoms defined by the Convention or its protocols. Considering the fact that only two advisory opinions on the appeal of the member states of the Council of Europe have been published on the official website of the court, this topic is a new subject for research and requires a systematic study. Allowing states to seek advisory opinions was driven by the need to ease the burden on the European Court of Human Rights. However, given the novelty of the improved institute, this statement is still controversial. The article offers its own conclusions regarding the significance of the advisory opinions in the activities of the European Court, provides a view on the legal nature of this legal institution in the internal legal order of Ukraine. This was achieved by defining the essence of such a mechanism, analyzing primary sources from the official website of the court, statistical data on the functioning of the institution, and generalizing national legislation to determine the legal nature. Thus, although Ukraine has ratified Protocol No. 16, however, the legal status of such advisory opinions has not been determined. In this connection, it is proposed to amend a number of legislative acts, in particular, to article 17 of the Law of Ukraine "On the implementation and application of the practice of the European Court of Human Rights", which should be supplemented with the rule on the legal force of the advisory opinion of the European Court of Human Rights. According to the general importance of such an institution, it seems reasonable to hope for a decrease in the number of decisions that would contradict the practice of the European Court of Human Rights, and, accordingly, a decrease in the grounds for filing applications.
Case Series of Pneumomediastinum in COVID-19 Infection
Authors:   Infectious Disease Department, Saint George Hospital, Hadath, Lebanon, S Fakhreddine , R Jaber ,   Medical Student, Lebanese University, Lebanon, E Skaff ,   Medical Student, Lebanese University, Lebanon, S Salloum ,   Department of Internal Medicine, Lebanene University, Lebanon, A Maatouk ,   Department of Pulmonary and Critical Care Medicine, Covid 19 Program Director, Saint George Hospital, Hadath, Lebanon
Published: May 2021

Introduction: Pneumomediastinum is rare in viral infection of the lung however in COVID-19 patients it is more common. Study Design: Case series of 14 moderate to severe COVID cases complicated by Pneumomediastinum admitted to Saint George Hospital over 4 months. Data was collected retrospectively from medical charts of the patients. Results: Most of the patients were males. Average hospital stay was 15.21 days. Five patients (35.72%) developed pneumomediastinum without any kind of mechanical ventilation during hospitalization. Around 35.72% of the patients were discharged and the average time till death was 8.8 days. Conclusion: Pneumomediastinum can develop without any positive pressure ventilation in COVID-19 infection.
Subcellular Injury of ASMEs Involves in the Genesis of Refractory Hypotension in Severe Shock
Authors:   Department of Pathophysiology, Southern Medical University, China, K Zhao
Published: May 2021

The Refractory Hypotension (RH) leads to severe hypoperfusion which results in vital organ failure and death. It has been shown that one of the main reasons for RH is Arteriolar Smooth Muscle Cell (ASMC) hyperpolarization, which results in the inhibition of L-type calcium channel and Ca2+ influx after vasoconstrictor stimulation, that finally leads to refractory hypotension during severe shock. The activation of KATP channels by depletion of intracellular ATP content causes ASMC hyperpolarization. It is usually recognized that the depletion of ATP content originates from microcirculatory disturbance and refractory hypotension is only a functional problem of ASMC with treatment using vasopressors, and no morphological changes of smooth muscle cell were reported in RH. This review shows that mitochondrial damage is another important reason for depletion of ATP level and that protection of mitochondrial dysfunction can increase the blood pressure and survival rate during severe shock, which indicated that subcellular injury of ASMCs is involved in the genesis of refractory hypotension. Protecting and repairing ASMC subcellular injury is a new approach to treatment of severe shock.
Possible Mechanism of the Effects of the Pulsed Electromagnetic Field on Analgesia
Authors:   Department of Biophysics, Sivas Cumhuriyet University, Turkey, A Demirkazik
Published: May 2021

With the development of technology, it has become possible for various measuring devices to measure the size of electromagnetic fields nowadays. Therefore, it has been realized that biological creatures are under the influence of electromagnetic fields with increasing intensity. This mini-review aims to state that exposure to a very-low-frequency electromagnetic field affects living beings by using the systems we know and to draw the attention of researchers to this point. While very low frequency Electromagnetic Fields (ELF-EMF) affect living things thermally, researches that living things are made by strengthening or accelerating neurotransmitter-receptor interaction have increased in recent years.
Gametic specialization of centromeric histone paralogs in Drosophila virilis
Authors: Kursel Lisa E , McConnell Hannah , de la Cruz Aida Flor A , Malik Harmit S
Published: May 2021

In most eukaryotes, centromeric histone (CenH3) proteins mediate mitosis and meiosis and ensure epigenetic inheritance of centromere identity. We hypothesized that disparate chromatin environments in soma versus germline might impose divergent functional requirements on single CenH3 genes, which could be ameliorated by gene duplications and subsequent specialization. Here, we analyzed the cytological localization of two recently identified CenH3 paralogs, Cid1 and Cid5, in Drosophila virilis using specific antibodies and epitope-tagged transgenic strains. We find that only ancestral Cid1 is present in somatic cells, whereas both Cid1 and Cid5 are expressed in testes and ovaries. However, Cid1 is lost in male meiosis but retained throughout oogenesis, whereas Cid5 is lost during female meiosis but retained in mature sperm. Following fertilization, only Cid1 is detectable in the early embryo, suggesting that maternally deposited Cid1 is rapidly loaded onto paternal centromeres during the protamine-to-histone transition. Our studies reveal mutually exclusive gametic specialization of divergent CenH3 paralogs. Duplication and divergence might allow essential centromeric genes to resolve an intralocus conflict between maternal and paternal centromeric requirements in many animal species.
Research on the Construction Path of Ideological and Political Education for Postgraduates in the Era of Artificial Intelligence
Authors: Ting Liu , Anping Wang
Published: May 2021

Postgraduate ideological and political education is an important part of ideological and political education in colleges and universities. It is the core of implementing the party’s educational policy, comprehensively improving the quality of education, and building a modern socialist education power. In the era of artificial intelligence, innovate classroom education of ideological and political education for graduate students through intelligent network systems, natural language understanding systems, and knowledge processing systems; use intelligent search systems, symbol processing systems, and combined planning systems to deepen the communication links of graduate ideological and political education; through enhancing digital intelligence tools such as genetic algorithm, deep learning algorithm and artificial neural network algorithm to reconstruct the evaluation criteria of graduate ideological and political education is an important engine to promote the intelligent, contemporary and diversified development of graduate ideological and political education in my country.
A Systemic Approach to Continuation Writing
Authors: Yaohuan Lu
Published: May 2021

Continuation writing, a new form of testifying students’ comprehensive English competence, is also a way to better students’ learning English as a foreign language. The author here, aiming to use it as an efficient way of boosting students’ English competence, proffers a systemic approach for students to getting familiar with and getting close to the writing to improve their ability based on writing after reading. Therefore, this paper is all about the systemic way of approaching continuation writing, including the recognition of the criteria, the ideal writing steps or procedures, the writing evaluation and so on. With all the work done here, the author had hoped to provide the frontline teachers and students a bird view of the continuation writing and a practical way to it.
Discussion on the Feasibility of Nudge in Education
Authors: Hongyang Liu , Lucie Kremenkova
Published: May 2021

This paper first introduces the definition of nudge, the history of nudge and the advantages of nudge. This concept means a relatively subtle policy shift that encourages people to make decisions that are in their broad self-interest. It relies on insights from behavioral science, and when used ethically, it can be very helpful. Subsequently, the research results of the nudge method in public decision-making fields such as health and environmental protection are listed, inferring the feasibility of nudge method in the field of education, especially learners’ specific behavior decision. Then according to the classification of the nudge method by the decision-making system, the research on nudge used in the education field is enumerated. It demonstrates that nudge still has a lot of room for expansion in the field of education.