bluuebunny/crossref_metadata_2025 huggingface dataset:
ENGLISH LANGUAGE TEACHING CHALLENGES: CURRENT AND RETROSPECTIVE PERCEPTIONS OF TEACHERS
Authors: Lőrincz Marianna
Published: December 2022

While teaching challenges have been shown to affect teacher performance in multiple ways, little is known about the transformations occurring in language teachers' perceptions of challenges over time. Hence, this study purported to analyze EFL teachers' current and retrospective perceptions of challenges associated with language teaching tasks. Quantitative data were collected utilizing a questionnaire and processed through Friedman’s ANOVA and a Wilcoxon Signed Ranks Test. A within-subjects comparison revealed a statistically significant difference between current and retrospective perceptions of challenges with a large effect size on all language teaching tasks included in the questionnaire, indicating that experience was a causing variable contributing to transformations in teachers' perceptions of task difficulty. The principal shifts in the participants' views were documented on such tasks as student engagement with language material, effective instruction for all learners, personalizing teaching, and planning and managing instruction. The teaching experience played a less decisive role in the case of teaching speaking, student motivation, teaching vocabulary, teaching reading, student assessment, and knowing students. Notably, the areas persisting as very challenging regardless of experience were teaching speaking, motivating learners, teaching writing, and listening. The study's findings hold implications for initial teacher preparation and development, highlighting areas calling for more attention. The paper presents the results of a rather small-scale investigation tackling only a few of the multiple areas of language teaching which potentially challenge language teachers. Likewise, due to a small research sample (n=208) and its limitation to the context of Ukraine, this study does not claim the generalizability of its findings. Nevertheless, the findings reveal in highlighting the tasks posing a substantial challenge to EFL teachers both at the outset of their career and following years spent in it.
THE TASK OF EFFECTIVE DEVELOPMENT OF STEAM EDUCATION
Authors: Adamovych Iryna
Published: December 2022

Transformational processes in Ukraine, in the educational field in particular, are oriented towards the developmental vectors of European Union countries and the world community, thus aimed at strengthening the scientific direction, namely research and experimental, design, etc. The result of these processes is the stabilization of the international division of labor markets, the movement of capital, human and technological resources on a planetary scale; interweaving of cultures, abilities, skills, emotions, potentials, etc. We consider STEAM education as an important criterion for increasing competitiveness in the global labor market, therefore we considered the aspects of the STEAM approach in education: key issues, tasks, important stages of implementation, prospects and formation of the STEAM education environment.The analysis of the current state of implementation of science and mathematics education revealed problems arising from the combined issues of general secondary education. The goal of the study is to outline the main tasks of the effectiveness of STEAM implementation process in the educational process of the New Ukrainian School. Methods od research applied: theoretical method to analyze scientific sources, generalization, analysis and comparison of main aspects of the issue under research. Lifelong learning becomes an important competence of Ukrainian society and education, since the task of the STEAM-education era is to prepare students of various ages to master the skills of technical systems; development of educational strategies that include designed specialized programs as a set of integrative interdisciplinary approaches to each of the STEAM courses. And the effectiveness of achieving success requires coordination of efforts and balanced, consistent actions of the entire Ukrainian society over a long period of time.
INDEPENDENT ACTIVITY OF SCHOOL STUDENTS WHEN LEARNING MATHEMATICS
Authors: Oros Viktor , Petechuk Yuliia
Published: December 2022

According to new trends in education, the child should be given the opportunity to acquire knowledge independently as much as possible. If a student at school did not learn to create anything himself, then in life he will always only imitate and copy, act reproductively. The purpose of the article is to highlight the problem of independent activity of students in the process of learning mathematics in the context of the issue of increasing the effectiveness of the educational process and preparing the young generation for life, active work, especially in the current difficult time. Research methods applied: analysis and synthesis, systematization, comparison and generalization. In particular, the evolution of the concept of independent work, its importance for the formation of a creative personality is analysed. As a result of the synthesis of previous and modern ideas about the independent activity of the student of education, the concept of the importance of the teacher taking into account the general and mathematical abilities, needs, abilities and skills of students when building a system of their independent activity was formed. To identify the relationship between independent work and the development of creative abilities, the method of comparing the impact on the personality of the initial interest in the subject and the creation of a studentʼs persistent need to acquire new knowledge and explore the surrounding world was used. To obtain the result, the authors summarized the materials of scientistsʼ publications, promising pedagogical experience and concluded about the importance of forming studentsʼ independence in combination with the development of their creative abilities when studying mathematics. The article also provides mathematical problems and ways of solving them, which reflect the close connection between the studentʼs ability to work independently and think creatively.
Biojurisprudence is a fundamental part of modern general theoretical jurisprudence
Authors: Danko D.V. , Бєлова M.V. , Danko A.V.
Published: December 2022

It is indicated that today, addressing the problem of strengthening and maintaining public health in the context of global and social bioethics is due to an urgent need, since the phenomenon of public health acts as their natural embodiment and manifestation.Modern scientific research and innovative technologies in the field of biomedicine require intensive ethical regulation in order to preserve human health and life. Humanistic provision of clinica medicine, innovative and applied scientific research in the field of biomedicine and the formation of professional competences of specialists is connected both with scientific, technical and technological achievements in the field of biomedicine, and with a steady trend of their humanization and socialization,which requires addressing the phenomena of global and social bioethics, development of a system of ethical regulations of biomedical practice. It has been established that biojurisprudence is a fundamental part of modern general theoreticaljurisprudence. Biojurisprudence as a branch of legal science should study the complex of legal, medical, ethical and psychological components of human somatic rights, that is, all legal issues that arise as a result of a person’s exercise of the right to dispose of his own body. It is biojurisprudence that deals with theoretical problems in the field of law regarding as a whole, in turn, is the object of many non-legal sciences). Biojurisprudence should be considered as a complex, interdisciplinary scientific and legal formation, formed at the junction of bioethics, biolaw and biomedicine. At the same time, we believe thatthe development of biojurisprudence as a modern direction of legal science will contribute to the improvement of the culture of rule-making activity, the development and adoption of new effective normative legal acts that would take into account thelegal, medical, ethical and psychological components of the realization of somatic human rights.
The right to sport in constitutional legislation: a comparative aspect
Authors: Slavko A. S.
Published: December 2022

Sport has a close connection with human rights. This connection is manifested in several main aspects: the possibility of promoting human rights through sports events, holding sports events and competitions on the basis of equality and non-discrimination, and directly forming the right to sports. For example, respect for human rights is enshrined in the Olympic Charter and the World Anti-Doping Code.

The European Court of Human Rights’ practice in protecting the rights of athletes and persons related to sports is also quite rich. The latter include, for example, sports associations or fans or their groups. The court considered cases associated with the deprivation of freedom of fans to prevent mass riots after football matches, interference in the privacy of athletes due to doping control, violation of the right to a fair trial due to consideration of sports disputes in specialized arbitrations, etc.

An analysis of the constitutional legislation of foreign countries shows a trend according to which state policy on sports mentions appears in newer constitutions. On the other hand, earlier constitutions did not pay attention to this sphere of public life. Those states that granted the sports sphere the status of constitutional regulation use one of several models: 1) the state undertakes to "promote" sports. Such assistance can take various forms - from simple non-interference to targeted support of certain types of professional sports. In some cases, it is even about compulsory involvement of schoolchildren in mass sports (Switzerland); 2) the state defines and guarantees the right to sport. The right to sport is understood as a separate right, for the implementation of which the state creates the appropriate infrastructure. It also involves supporting mass sports because the right to sports is guaranteed to "everyone" and "all people"; 3) sport is understood as part of another right, for example, the right to health and medical care. Accordingly, measures to support sports are part of comprehensive programs to support the population’s health; emphasis is also placed on mass sports. Judging from the text of the Constitution, Ukraine chose the third option. However, the analysis of relevant legislation allows us to talk about forming the right to sport in the domestic legal system.
Personnel powers of the High Council of Justice in Ukraine
Authors: Khaliuk S.O.
Published: December 2022

The article is devoted to the scientific study of theoretical and legal aspects regarding the definition of the legal content of the concept of "personnel powers of the Supreme Council of Justice". Within the framework of the study, a scientific analysis of existing doctrinal sources was carried out regarding the concepts related to the outlined issues, namely: “powers”, “personnel”, “personnel work”, “personnel powers” and some others.

The concept of personnel powers of the High Council of Justice is formulated as a set of rights and responsibilities of the body of judicial governance, which provide for the possibility of making decisions in the process of forming an honest and highly professional corps of judges regarding the appointment to the position of a judge and/or dismissal from it, making decisions regarding the judicial career and regarding the formation of bodies and institutions of the justice system within the specified limits. An analysis of the entire set of powers of the High Council of Justice in Ukraine has been carried out, personnel powers have been singled out and systematized on the basis of current national legislation and international acts.

It was established that the formation of the judicial corps in Ukraine should be considered as the basis of the personnel powers of the High Council of Justice, which is a standardized process of providing courts with highly qualified personnel, which is systematic, phased, stable and predictable in nature and consists of selection, appointment of candidates for the positions of judges and dismissal judges, consideration of career issues of judges in accordance with national legislation, taking into account international standards. In addition, it was noted that a condition for the independence of the judiciary is the existence and functioning of judicial bodies that take part in the appointment of judges, resolve individual issues of the career of judges and carry out disciplinary measures and must themselves be independent from the point of view of their own powers, their structure and guarantees of the corresponding status.
Modern aspects of the legitimacy of constitutional control in European countries
Authors: Bzova L. , Shcherbanyuk O.
Published: December 2022

Constitutional law has always managed to raise issues for which it is impossible to find a universally recognized solution. Their nature may be different, but in each case there is a conflict (if not to say, a collision) between conflicting principles and values. Such conflicts arise, in particular, when different fields of law and/or political theory overlap. One of the most famous examples is the current debate over the legitimacy of constitutional review. The main dispute arises due to the different points of view of "constitutional positivists", who see the Constitution as a "basic norm" (basic law), and "parliamentary democrats", who are more inclined to agree to the predominance of a democratically elected majority. Although the idea that the majority – despite their democratic legitimacy – should be subject to the fundamental rules enshrined in the Constitution is convincing, its weakness lies in its institutional dimension: effective control over legislative acts can only be exercised by the judiciary, i.e. the government , which lacks direct democratic legitimacy. Constitutional law is in constant development: the number of countries that have agreed to introduce one or another form of constitutional control grows from decade to decade. It is also clear that the exercise of constitutional control very rarely leads to conflicts that can destroy the democratic nature of the state. The legitimacy of constitutional control is confirmed by the actions of both the courts and the parliament. The experience of various Central and Eastern European countries shows that in various cases the parliamentary majority tried to introduce measures that were not compatible with European human rights standards or political decency.
Features of application of methods of protection of family rights and interests by guardianship and care bodies: the question of content
Authors: Havric R.
Published: December 2022

In the scientific article, the author conducted a scientific study of the peculiarities of the application of methods of protection of family rights and interests by the guardianship and guardianship authorities, and determined an exhaustive list of the methods of protection used by these authorities. On the basis of the conducted research, the author came to the conclusion that there are two forms of protection of family rights and interests of parents and children by guardianship authorities: direct participation in the protection of family rights and interests, when the guardianship authority independently applies appropriate methods of protection, and indirect, when the authority guardianship and guardianship is involved in the resolution of a family dispute regarding the upbringing and maintenance of a child, but does not apply appropriate protection methods on its own. The guardianship body applies the following methods of protecting family rights and interests: establishing a family legal relationship, changing it, granting the right to exercise separate rights and duties as parents or legal representatives of a child, preventing actions that violate family rights. The last two methods are special and belong only to guardianship and guardianship bodies. Granting the right to exercise separate rights and obligations as parents or legal representatives of the child as a method of protection is applied by the guardianship authority by granting permission to commit acts regarding the child's immovable property, other acts regarding the property, the owner (co-owner) and/or user of which the child is , to conclude an agreement on the termination of the right to alimony for a child in connection with the transfer of ownership of immovable property or on the alienation of property received under this agreement, granting legal capacity to perform other powers to perform acts regarding the child's property or his civil obligations or alimony obligations of parents. Prevention of actions that violate family rights as a means of protection is carried out by conducting control and supervision measures on the targeted spending of alimony on a child, on the conditions of maintenance, upbringing, education of a child under guardianship or guardianship, on compliance with the rights of an adopted child, etc.
Legal qualification of civil terms according to the criterion of their certainty
Authors: Guyvan P.D.
Published: December 2022

The article is devoted to the research of the actual scientific question about the differentiation of civil-law terms based on their certainty. The ascending thesis is substantiated that the term is an integral element of the content of the subjective substantive law, it is of decisive importance for the exercise of the power due to a person, moreover, it can be exercised only during the term of validity of the right. It is emphasized that civil rights with an undefined content or those that do not presuppose their physical implementation cannot arise. Also, the term of existence of a subjective right cannot be "immediate". The work contains the necessary clarifications of the content of the relevant concept used in civil law. Detailed study of the content of the legislative rule, Part 2 of Art. 530 of the Civil Code. In particular, the essence of the prescription has been clarified, according to which the duration of rights, in respect of which the duration of their course has not been established, begins from the moment the claim is presented. Such a request must be satisfied according to the general rule within seven days. Therefore, each binding legal relationship has a certain term for the debtor to fulfill the obligation: it can be defined in the contract by a period of time or term, or it can be indefinite. In both cases, this term has an initial and final term. The article emphasizes a certain similarity of indefinite periods with those that begin with the inevitable onset of the pre-determined phenomenon (action or event) independent of the parties, or as a result of the action of one of the participants (the creditor). But the significance of their differences is indicated, taking into account the different essence of the circumstances affecting the specificity of the term. The terms determined by a certain final term or phenomenon will differ from indefinite ones in that the end of the latter is determined not by an external but by an internal factor in relation to the legal relationship, which depends entirely on the will of the creditor. Aspects of the deadline for fulfilling the creditor's claim, which gives impetus to the obligation, are analyzed. The obligation, the deadline for which has arrived, must be fulfilled immediately, within the established seven-day period or another (special) period after the specified requirement. At the same time, the specified period belongs to the debtor [9, c. 13], in other words, he himself determines when exactly the execution should be carried out within the given term.
Liability of the parties for violation of the terms of the contract for the performance of scientific and research works
Authors: Kotenko O.M.
Published: December 2022

Scientific activity is traditionally associated with activity of a creative, research nature, the results of which can satisfy the scientific interest of the researchers themselves, as well as the needs of industry, agriculture, the construction industry, medicine and many other spheres of activity of modern society. Thus, scientific activity is not limited only to inquiries related to actual scientific issues, and is not limited to any one scientific field. Real results are expected from modern science, capable of increasing the efficiency of various types of activities, providing a visible economic effect and social well-being. Meanwhile, the legal nature of legal relations implemented in the field of scientific activity, including the performance of scientific and research works, remains poorly researched.

Scientific and scientific-technical activity is an integral part of the educational process, which ensures the integration of education and science. Recently, issues related to research and innovation activities are very relevant, which is due to the desire of our state to enter the innovative path of economic development.

The high significance of the research topic is due to the desire of the state to enter the innovative path of economic development, in connection with which the role of contracts for the performance of scientific research works and their legal regulation is actualized. This is due to the fact that in a market economy the role and importance of funds of a civil-legal nature in the sphere of creation and use of both scientific and technical products and the results of intellectual activity (research works), which, in turn, acquire the properties of goods and are quite are widely involved in civilian turnover

In this regard, the role of contracts for the performance of research, development and technological works is updated.

Research works are a set of works aimed at obtaining new knowledge and practical application in the creation of a new product or technology.

These contracts are one of the main "tools" for the registration of civil legal relations aimed at the implementation of research, development and technological works.
(Non)violation of the property rights of business entities: separate expositions from the practice of the ECtHR
Authors: Zaborovsky V.V. , Manzyuk V.V. , Orlova O.S.
Published: December 2022

This article is devoted to the study of the essence and role of the principle of inviolability of property rights in the economic life of economic entities. In order to achieve the set goals, decisions of the European Court of Human Rights were analyzed: both key and current case law.

The main principles of the proper implementation of property deprivation and control over the use of property at the national level by the participating states have been determined. A key role among such principles is played by the principle of the legitimate purpose of interference with property rights in the public interest and the principle of fair balance. Thus, any interference with the exercise of rights or freedoms recognized by the Convention must pursue a legitimate aim. And there must be a reasonable proportional relationship between the means used and the goal pursued by any measures taken by the state, including measures aimed at depriving a person of his property. Thus, in every case involving an alleged violation of this article, it must be established that the person does not bear an unreasonable and excessive burden because of such actions or inactions of the state.

To ensure the reliability and completeness of the obtained results, authors used a complex of general scientific and special methods, which are characteristic primarily of legal science, in the scientific research. The complex use of such methods ensured the achievement of the goal and objectives of the research, as well as the persuasiveness of the formulated conclusions. The research was conducted primarily using the system-structural method and the dialectical method of learning legal reality.

Based on the conducted research, authors came to the conclusion that, despite its long history, it should be recognized that the right of ownership, as before, remains almost the most controversial institution of private law. For Ukraine, the topic of property has always been one of the cornerstones in law, politics, and philosophy. Over the past two centuries, the attitude to property has changed radically several times: this legal institution reflected the feudal peculiarities of property relations regulation, then capitalist, socialist with a socio-economic orientation, and today its purpose is seen in ensuring reliable, stable relations in the conditions of a market economy.
Termination of the employment contract for violation of labor discipline on the grounds provided for by special laws
Authors: Honchar R.V.
Published: December 2022

The article states that terminating an employment contract is one of the most effective means of ensuring labor discipline. Disciplinary responsibility can be general or special. Special (official) disciplinary responsibility is provided only for specifically defined categories of employees and is established in statutes, provisions on disciplinary responsibility and special regulatory acts. It is characterized by the presence of a special subject of a disciplinary offense, a special nature of a disciplinary offense, special types of disciplinary penalties, a special procedure for imposing and challenging a disciplinary penalty. That is why the regulation of the responsibility of such employees, and the termination of the employment contract for violation of labor discipline with them, is special. These factors, enshrined in special laws, determine the specificity of the grounds for termination of the employment contract for violation of labor discipline and various procedural forms, and determine the differentiation of disciplinary responsibility. The article analyzes the grounds for terminating an employment contract for violation of labor discipline by civil servants, provided for by the Law of Ukraine "On Civil Service". Official discipline is explained as strict observance of the Oath of a civil servant, conscientious performance of official duties and rules of internal official procedure. Also, for violation of these fundamental principles, the civil servant is subject to disciplinary responsibility, including dismissal. The article examines the procedure for terminating an employment contract for violation of labor discipline with a civil servant, indicates the stages and stages of the procedure for terminating an employment contract. The next category of employees whose employment contracts are terminated for violation of labor discipline on grounds provided for by special laws are prosecutors. Modern legal regulation of the termination of an employment contract for violation of labor discipline with prosecutors is characterized by the implementation of a modern European model, according to which disciplinary proceedings against prosecutors are not carried out by managers alone, but by independent specialized bodies in compliance with a special legally established procedure. This approach makes it possible to comprehensively and impartially consider claims that the prosecutor has committed a disciplinary offense, and to terminate the employment contract with the prosecutor only in the event that the essence of the offense corresponds to the most severe form of disciplinary sanction.
The specific features of the pension form of social protection for employees of the prosecutor's office in Ukraine.
Authors: Kuprun Ye.P.
Published: December 2022

An article is devoted to the analysis of the unique characteristics of the pension form of social protection for Ukrainian prosecutors and other employees of the prosecutor's office. It is established that many specific features characterize this form of social protection for employees of the prosecutor’s office. Firstly, these pensions are characterized by the fact that they are regulated by the norms of general and special legislation (the norms of pension, labor and administrative legislation are taken into account). Secondly, this form of social protection is objectified in pension-security legal relations. Thirdly, the pension system provides social protection to a number of employees (a pension of an employee of a prosecutor's office in Ukraine who does not have the status of a public servant; a pension of a civil servant; a pension of a prosecutor). The author pays special attention to the characteristics of prosecutors' pensions in the article. Firstly, the state is obliged to pay decent pensions to prosecutors who have the necessary length of service, including the length of service as prosecutors (also to those prosecutors who do not have the necessary length of service and insurance experience). Secondly, the state guarantees a fair recalculation of assigned pensions to employees of the prosecutor's office. Additionally, the state provides pensions to prosecutors in an inclusive manner. In the conclusions to the article, the results of scientific research are summarized and specific proposals are formulated regarding the improvement of the legal regulation of the pension provision of prosecutors of the prosecutor's office of Ukraine, namely: it is proposed to: set out Part 20 of Art. 86 of ZU of 2014 No. 1697 in the new version, which will determine the conditions and procedure for recalculating the pensions assigned to employees of the prosecutor's office, namely, in the version that will correspond to the original version of this legislative act, taking into account the fact that the reasons for its change are not consistent with the principles of democracy and the rule of law of the state and led to long-term (starting from December 28, 2014) legal uncertainty of the conditions and procedure for recalculating pensions for employees of the Prosecutor's Office of Ukraine; to make changes to Part 1 of Art. 2 of the Federal Law "On measures to ensure legislative support for the reform of the pension system", excluding its extension to pension relations that arise on the basis of the provisions of Federal Law No. 1697 of 2014 (ensuring the equality of the legal position of prosecutors and judges within the framework of the policy of guaranteeing the independence of activities and autonomy of prosecutors and judges).
Social integration of youth as a form of social protection of youth
Authors: Chernysh A.R.
Published: December 2022

The article examines the concept of integration to achieve the process of inclusion of youth in the development of civil society, taking into account the socio-cultural context, taking into account the historical patterns of the country's development. Current legislation in the field of social protection of youth, in the field of employment, provisions of the Constitution of Ukraine regarding the legal regulation of the process of labor integration of youth are analyzed. The works of theorists of labor law and social security law O.M. Yaroshenka, Yu.M. Shchotova, P.M. Rossokhatskgo, T.A. Kolyady were studied. etc. on the subject of the problems of youth implementation of the right to work, as a guarantee of the development of spiritual, creative potential and economic independence. The article draws attention to the problems and obstacles faced by young people in the process of realizing their labor rights. Emphasis is placed on the importance of professional training that a young person can undergo to increase their competitiveness in the labor market. Just as professional training is the process of acquiring or improving professional knowledge, abilities and skills by a person in accordance with his vocation and abilities, which ensures the appropriate level of professional qualification for professional activity and competitiveness in the labor market. The experience of such highly developed countries as Great Britain, Germany, Japan, France, and the USA was studied. Measures taken by countries to limit youth unemployment are noteworthy. The example of Bulgaria is given, where the practice of developing age-differentiated employment programs for young people is widespread; Germany, where there is professional selection and career guidance at an early age; the combination of professional training and production activities at the expense of specially created government funds by local authorities takes place in Denmark; encouraging employers to employ young people aged 16 to 26 in the form of reduced amounts of social contributions for them as a kind of tax benefits is actively used in France and Spain; the active practice of involving young people in six-month internships with at least the minimum wage has a positive effect on the further employment of young people in Australia. Proposals are given for the introduction of advanced foreign experience.
Legal problems of rational land using in conditions of ecologization of agrarian production
Authors: Stanislavskyi V.P.
Published: December 2022

The article is devoted to the researching of the legal foundations of the rational using of agricultural lands as objects of legal protection and the main means of agricultural production, the composition of the rights and obligations of agribusiness subjects as participants in land relations in the field of land using. The principles of legislation in the field of land and agrarian relations, aimed at the ecologization of agricultural activity as a whole, are singled out. Have been identified The problems of the development of the agrarian sector, directly enshrined in the current legislation, which restrain the sustainable development of the latter. Have been clarified the rights and obligations of land users regarding rational land using. Has been proven the key role of land management as one of the main mechanisms of coordination of economic interests and preservation and reproduction of soil fertility, protection of agricultural lands from the destructive processes of water and wind erosion, which is used to adapt the process of economic activity on the land to its properties. It is argued that the purpose of land management is to ensure conditions for rational using and protection of land, improvement of agro-ecosystems and natural landscapes. In the article assumes that the greening of agricultural production is impossible without compliance with the requirements for the ecologically safe using of natural resource potential for the needs of agricultural production, that is, the greening of agricultural land using and ensuring the proper ecological state of the natural environment, the introduction of environmental protection and ecologically balanced ways of using natural resources in agriculture. It was emphasized that in order to prevent such degradation processes, which significantly worsen the quality of agricultural land, and therefore soil productivity, the state introduced a system of economic incentives aimed not only at the rationalization of using, but also at land protection. Has been proved the key role of land consolidation in the practice of rational land using. The methodology of researching legal problems of rational land using in the conditions of ecologization of agricultural production is based on the provisions of the general scientific dialectical method. In addition, to achieve the research goal were used formal-legal, formal-logical and hermeneutic scientific methods.
Administrative and legal foundations of the state policy of the European integration of Ukraine
Authors: Ilyushyk O.M. , Didyk N.I.
Published: December 2022

The article is devoted to the study of the essence and structure of the administrative and legal mechanism of state policy in the field of European integration of Ukraine. The article examines the main aspects of Ukraine's accession to the European Union. Membership in this organization is considered as a key practical means of forming an effective open economy. The experience of member countries, namely their current economic development and political situation, is analyzed: both positive and negative examples are highlighted. The potential benefits and possible threats in the development of our state upon joining the European Union have been determined and substantiated. The main barriers to Ukraine's acquisition of membership of the European Union and options for their elimination are considered. European integration, declared as a strategic direction of Ukraine's development, is not only a foreign economic vector, but also a reference point of values for the entire Ukrainian society. Ukraine's integration into the European Union today is supported by all government structures and the vast majority of the Ukrainian population, 81%. However, many objective and subjective difficulties arise in this strategic direction of our state's development. Moreover, overcoming them depends not only on Ukraine, but also on external factors that are outside its borders. Special attention is paid to the social, economic and cultural problems of modern Ukraine. Conclusions were made about the need to make balanced political and economic decisions, which depend on the prospects of Ukraine's integration into the European Union. The article is devoted to the coverage of the topic of the legal basis of membership in the European Union, the criteria that the state must meet in order to acquire the status of a candidate for membership. In the European Union, a strict approach is applied to the issue of granting membership, which is explained by the fact that a member of the European Union cannot be any state that territorially belongs to Europe, but only a state that adheres to the basic values of the association and together with the member states brings them to life.
Appeals of decisions, actions or inaction of authorities regarding the provision of electronic services in the field of migration and citizenship in the administrative court
Authors: Shtcherbyna Ye. , Leheza Ye.
Published: December 2022

The scientific article is devoted to the coverage of the court procedure for appealing against decisions, actions or omissions of public administration entities regarding the provision of public services in the field of migration and citizenship. It has been established that an administrative appeal, despite the optionality, is an important step in the provision of public services in the field of migration and citizenship. On the one hand, the appeal is intended to identify and eliminate shortcomings in the practical procedural activities of public authorities in the field of migration; on the other hand, contributes to the improvement of the procedural model of resolving individual cases in the research area, identifying its defects and weaknesses.

Emphasis is placed, the legislative consolidation of the possibility of appeal in court and administratively requires two forms of appeal - administrative-procedural and administrative-procedural, which together create a guarantee tool to protect the rights of individuals to citizenship and freedom of movement and free choice of residence.

Given the importance of protecting the rights and freedoms of individuals as a party to public relations in the study area, the possibility of appealing against decisions, actions or omissions of public authorities in this area should be recognized as an important guarantee of preservation and restoration of individual rights. In these examples, the judiciary has performed this protective function; to strengthen this trend, it would be rational to use the tool of an exemplary administrative case, which has become one of the most anticipated novelties in the reform of administrative justice. According to Part 22 of Art. 4 CAS of Ukraine an exemplary case is a typical administrative case accepted for proceedings by the Supreme Court as a court of first instance to issue a model decision; in other words, with the help of an exemplary case, an effective procedural mechanism of consideration of cases similar in scope and specifics of legal relations in which the conflict arose, composition of the parties and legal norms by which they are regulated, following the example of the Supreme Court decision in one such case, that is, in an exemplary case.
On some theoretical aspects of the activities of local self-government bodies in ensuring the safety of the population
Authors: Ostapenko O.I. , Baik O.I.
Published: December 2022

The article examines the theoretical aspects of the activities of local self-government bodies, which characterize the features and conditions for the practical implementation of forms, functions, methods, and other means and methods by which the processes of ensuring the safety of the population are managed. Priority tasks and measures to ensure security related to the activities of local executive bodies were analyzed.

It was noted that the performance of functions related to ensuring the safety of the population by local executive bodies is influenced by the forms of their activity, which are fixed in normative legal acts. This is due to the diverse content of the executive branch's activities. The forms of activity of the executive power bodies, according to their purpose, have an organizational, authoritative, official legal consolidation in the relevant normative legal acts, which establish the competence of a specific executive power body. The national legislation of Ukraine, which regulates social relations in the sphere of public security by executive power bodies at the national and local levels, is analyzed.

The conclusions suggest a number of approaches aimed at improving the activities of local self-government bodies to ensure public safety. In particular, an important element of the activity of local executive bodies in the sphere of ensuring public safety is its normative legal regulation, the purpose of which should cover a wide «safe space» of relations to which the powers of executive bodies extend. In addition, linguistic and legal approaches in explaining the meaning of terms that characterize the activities of local executive bodies in the field of public safety have a positive effect on the practical implementation of measures aimed at ensuring public safety. It is noted that the administrative-jurisdictional activity of the executive authorities has a fairly broad entrenchment in the administrative legislation of Ukraine, but it remains «soviet» in content, which is an obstacle to legal influence on the regulation of relations in the security sphere, which by its political, social, economic, ideological content has a different content.
Problems of the implementation of «anti-oligarchy legislation» in the aspect of innovative transformations of the legal system of Ukraine
Authors: Perederii O. , Perederii O.
Published: December 2022

The article presents the results of the analysis of the problems of the full implementation of the «anti-oligarchic legislation» of Ukraine, taking into account the activation of European integration and granting the state the status of a candidate for joining the European Union.

Taking into account the positive aspects of the implementation of the «anti-oligarchic legislation» of Ukraine, the essence of three blocks of problems is singled out and revealed: technical and legal imperfections of the "anti-oligarchic law", inconsistencies in the content of the legislation in terms of the criteria for determining the status of a specific person as an oligarch, inconsistencies in the competence of subjects who are authorized to apply legal restrictions on oligarchs on behalf of the state.

Attention is focused on the fact that the imperfection of the legal mechanism for the implementation of anti-oligarchic legislation prompts the European Union to insist on the correlation of the provisions of the special Law on oligarchs with the universal principles of the rule of law and democracy. Ukrainian society must understand the importance and role of anti-oligarchic policy, as well as feel its effectiveness. In turn, the EU states, as the main donors of reforms in Ukraine, should be confident in the objectivity of the political position of our state, count on the full implementation of the universal standards of the EU legal system at the domestic level. The position that the full implementation of “anti-oligarchic legislation” in Ukraine is a factor in accelerating European integration processes is justified. This will happen due to the fact that the implementation of mechanisms to prevent harmful influence on the political and economic sphere by persons who have significant financial opportunities will contribute to increasing trust in Ukraine on the part of European partner states and investors. It was noted that a promising task of the legal community is the development of optimal recommendations for the introduction of relevant innovations into the legal system of Ukraine in general and the legal system of the state in particular.
Prevention of administrative offenses affecting public order and public security as a method of protecting human rights and fundamental freedoms
Authors: Sheviakov М.О.
Published: December 2022

The quality and safety of life is one of the many goals of mankind throughout the world. Over time, the importance of security and its place in society is constantly growing. Guaranteed safety is a modern priority. Achieving a state of public safety is possible under the conditions of implementing a unified state policy aimed at combating and preventing torts. The article finds a connection between the prevention of administrative offenses that encroach on public order and public safety and the protection of human and citizen rights and freedoms. Also, the conducted scientific research clarified the meaning of the concept of "prevention" in various spheres of human life, proposed the own interpretation of the prevention of (administrative) offenses, since there is no official confirmation at the legislative level. The importance of maintaining public order and a sense of security for each individual is emphasized. The connection between the prevention of offenses and the satisfaction of human needs, which are located according to psychological theory in Maslow's pyramid, was found. The central concepts of public order and public safety in the aspect of independent components in administrative- delict legislation were chosen as the object of scientific research, and the subject was the preventive range of actions in the field of maintaining an appropriate level of public order and security in the country. The goal is to carry out a comprehensive analysis and systematization of the leading trends in the prevention of offenses that encroach on public order and public safety in Ukraine.

Public order is considered as a systematic complex of actions to ensure law and order in the aspect of maintaining the functioning of both the spectrum of rights and responsibilities of citizens, as well as the legal regulation of social relations on a permanent basis in general, public safety is interpreted as an indisputably necessary social state for which all the most important and vitally relevant public interests are protected from both natural and artificial sources of danger.