bluuebunny/crossref_metadata_2025_split huggingface dataset:
Negative factors affecting the development of legal and political cultures: before the problem
Authors: Minkovich-Slobodianik Olena 
Published: June 2020

In this article we have tried to analyze the negative factors that affect the development of legal and political cultures and are common to them. Any negative factors that exist in civil society are also reflected in the legal and political cultures. One of these factors, in our view, is corruption. In general, corruption is in he rent in any state and any society because it is connected with the human nature, greed and in ability to deny it self and stop in time, therefore, in our view, corruption as well as crime in general can not be over come – they can be substantially reduced. Level but not eradicate. Ukraine today declares its political and legal path to wards Europe, its values ​​and humanistic ideas. The persistent corruption crisis, which has been going on for quite sometime in our country, requires deep social reforms that must first and fore most affect people's consciousness and their social standard of living.
It is no better in the political sphere, because today we do not even have a legal definition of the concept of "political corruption"; Today's society is characterized by some ambivalence, we have the same problem in the political sphere as in the legal sphere, namely, on the one hand citizens "cry" about the need to fight corruption, on the other – by all means "help" its prosperity by finding all the time for it self justification, fearing "reprisals", simply be having marginally. Thus, we lose one of the main elements of political consciousness - motivation.
Another serious negative factor affecting the development of legal and political cultures is nihilism. Since nihilism is itself a rejection of values, in our case legal, it is quite understandable that languages, not only about the high, but at least satisfactory, state of legal culture cannot be. The spread of legal nihilism in our society has become possible not only because of an unsatisfactory level of lawmaking and enforcement, but also through appropriate political decisions that precede it. In this context, we can say that legal nihilism is characteristic not only of ordinary citizens, but in most of our politicians, top officials who constantly broadcast to the general public their disrespect for the Law. As a result, in the political sphere, this leads to a total distrust of the people in the political establishment of Ukraine, marginal behavior, the pursuit of screen leaders, and as a result of deformation of political consciousness and a decrease in the level of political culture as a whole.
As a result of this study, it becomes clear that legal and political culture have common factors that depend on both the speed of their development and the qualitative component.
Criteria for the effectiveness of normative legal regulation of the right to freedom of creativity in Ukraine
Authors: Opolska Natalia 
Published: June 2020

The article presents the result of determining the effectiveness of normative legal regulation of the right to freedom of creativity. It is established that the criteria of effectiveness are: a) the perfection of legal regulation of the right to freedom of creativity; b) conformity of normative legal acts in the sphere of the right to freedom of creativity with socio-economic and political realities, possibilities of exercising the norms of the right of creative competences enshrined therein and their protection in court; c) reduction of imperative, imperative methods of regulation by increasing the dispositive methods; d) a clear definition of the types of legal responsibility for the violation of the right to freedom of creativity. As a result of the theoretical modeling of the evaluation of the effectiveness of the normative legal regulation of the right to creativity in Ukraine, it is proposed to amend the legislation.
It is proved that Article 54 of the Constitution of Ukraine should be set out in the following wording: types of intellectual activity. Everyone is guaranteed the right to the results of his intellectual, creative activity; no one may use or distribute them without his or her consent, except as provided by law. The state contributes to the development of all kinds of creative activity, establishing appropriate ties of Ukraine with the world community. Cultural heritage is protected by law. The state ensures the preservation of historical monuments and other objects of cultural value, takes measures to return to Ukraine cultural values of the people who are beyond its borders. "
It is substantiated that these changes will enhance the effectiveness of ensuring the right to freedom of creativity in terms of creating a scientifically sound system of legislation and its ability to ensure that the real needs and interests of the subjects of law are harmonized.
The inconsistency of normative legal acts in the sphere of the right to freedom of creativity with socio-economic and political realities has been proved. There is a lack of effective socio-economic support for creators, creative unions and associations. It is substantiated that tendencies of socio-economic development should be directed to the development of science, technology, and culture.
It is noted that the absence of a definition of the concept of academic responsibility in the legislation testifies to the lack of a clear definition of the types of legal responsibility for violations in the field of the right to creative work.
Tendencies in the transformation of the legal foundations of European integration of Ukraine at the present stage
Authors: Perederii Oleksandr 
Published: June 2020

The article presents and reveals the main tendencies of transformation of the legislative foundations of European integration of Ukraine at the present stage of state formation. While analyzing the problems of implementation of the Association Agreement between Ukraine and the European Union, the author highlights and reveals the content of three main tendencies that are characteristic for the development of the legislative basis of the European integration policy. In particular, the expanding of the current Constitution of Ukraine with the rules on the irreversibility of the European integration course, updating of normative documents regulating the planned character and gradual implementation of the provisions of the Association Agreement, amending the current version of the Association Agreement in order to update its provisions.
The attention is drawn to the fact that the modification of the legislative foundations of Ukraine's European integration course is an important political and legal factor for the transformation of not only the system of the legal system of the state in the formal sense, but also of the legal consciousness of the broad masses of the population. This is explained by the phenomenon of the action of so-called «future law». In practical terms, such a phenomenon manifests itself in the fact that in the society on the mental level there is an increasing level of expectations from the state to activate pro-European policy, further reforming of the national law in the direction of implementation of European models of social regulation. Accordingly, there is an impact on the minds of people by "future norms of law", which are designed to regulate social relations, which are just beginning to emerge.
Further priorities of expanding the legislative foundations of Ukraine's European integration are outlined. In particular, it is the optimization of the mechanism of substantial realization of European integration transformations in the practice of national state administration, as well as the preparation of legislative support to overcome the global political risks and economic threats that may occur in connection with the implementation of the Association Agreement. First of all, Ukraine should develop and accumulate the practice of applying the legislation in the sphere of increasing the investment attractiveness of Ukraine, guaranteeing the legal protection of foreign investments, adjusting the national manufacturing sector of Ukraine to the EU requirements, harmonizing the national model of legal regulation of the labor market with the EU, enhancing the institutional focus of the Ukrainian authorities to implement the EU Directives.
Functions of constitutional and legal responsibility: problems of conceptualisations
Authors: Batanova Nataliia 
Published: June 2020

The article considers the problems of the theory of functions of constitutional and legal responsibility. The characteristic features of the functions of constitutional and legal responsibility are analyzed. It substantiates the correlation and relationship between the functions of constitutional and legal responsibility and the functions of the Constitution, the functions of constitutional law, the functions of the state, etc.
It is proved that the functions of constitutional and legal responsibility are characterized by legal features that reveal the essence and content of this category, in particular: 1) express the nature and content of this type of legal responsibility, its purpose in society and the state, as well as its place in the system of protection of the Constitution and constitutional order; 2) interrelated with the main functions of the state; 3) is an active way of acting of constitutional and legal responsibility and constitutional law as a whole (its principles, tasks, functions); 4) having an objective nature, on the one hand, is a form of purposeful willful behavior or activity of the subjects of constitutional liability and constitutional law in general (subjects of instances of constitutional responsibility and subjects of violators of constitutional law and order (delinquents)), and, on the other hand, the system of legal states that give rise to the constitutional rights and obligations of participants in constitutional-controversial and constitutional-conflict relations; 5) directly related to the system of constitutional law institutions (people, state, elections and referendums, bodies and officials of state power and local self-government, people and citizens, territorial hromadas, political parties, etc.); 6) are in synergy with the sources of constitutional law as a branch of law (above all the Constitution and its functions); 7) directly affect the constitutional and legal relations (first of all, constitutionally-controversial and constitutional-conflict) and their properties, subject-object composition, constitutional legal facts; 8)are organically related to the functions of constitutional law as a legal science and academic discipline and the like, etc.
The definition of the concept of the functions of constitutional legal responsibility as the main normative and organizationally secured areas and types of its influence on the constitutional and legal relations with the purpose of protection of the Constitution, restoration of the constitutional order and proper fulfilment of tasks, functions and powers of the subjects of these relations, constitutional disputes between them and overcoming constitutional conflicts is formulated.
Legitimacy of State Bodies involved in Citizenship Issues (Ukraine)
Authors: Surzhynskyi Maksym 
Published: June 2020

In the extremely difficult conditions of today, the problems of citizenship for Ukraine have become extremely relevant, becoming one of the factors affecting the state of ensuring its national security. This includes the problem of understanding the legitimacy of the state bodies involved in addressing citizenship issues.
Legitimacy and legality are the main features that characterize the state bodies involved in addressing citizenship issues. However, legitimacy is not synonymous with legality.
The legality of state bodies involved in resolving citizenship issues is purely legal in nature and expresses the formal conformity of their creation and operation of law, that is, legal legitimacy.
The legitimacy of state bodies involved in citizenship matters means that they are supported by society.
Legitimacy is derived from the process of legitimation, after which the state bodies involved in resolving citizenship issues acquire the status of legitimacy.
According to the Law of Ukraine "On Citizenship of Ukraine" of January 18, 2001, the state bodies involved in the decision of citizenship include: President of Ukraine, Commission under the President of Ukraine on Citizenship, the central executive body implementing state policy in citizenship and its subordinate bodies, the Ministry of Foreign Affairs of Ukraine, diplomatic missions and consular posts of Ukraine.
The current legislation on citizenship of Ukraine not only legalizes the system of state bodies involved in solving citizenship issues, but also legitimizes their actions.
Electoral branch of power in modern Ukraine
Authors: Taroyeva Vlada 
Published: June 2020

The article introduces that the electoral branch is gradually being formed into an independent branch of state power in Ukraine, in which special state authorities operate. The electoral branch is already a component of the separation of powers in a modern state, and this is an important guarantee of the rule of law and of the condition for the democratic functioning of state power. The electoral branch is becoming an integral component of the separation of powers mechanism. The development of Ukrainian statehood actualizes the need for appropriate scientific support for the institutionalization of power and legal regulation of its realization. The electoral branch as a branch of state power represents the powers to conduct preparing and holding elections and referenda, as well as to ensure, exercise and protect the voting rights and the right of citizens of a certain state to participate in a referendum, as well as the system of electoral bodies of different levels exercising these powers.
In Ukraine, electoral commissions led by the Central Electoral Commission (CEC) are special electoral authorities. Here we are faced with the problem of determining the nature of electoral commissions, and therefore the institutionalization of the electoral branch in Ukraine. The CEC of Ukraine is a permanent state collegial body vested with the power to organize preparing and holding elections to the public authorities. The main task of the CEC of Ukraine is to ensure the realization and protection of constitutional sovereign rights of citizens to elect authorities, to participate in referenda, as well as to express their will. In order to fulfill its responsibilities, the CEC is endowed with rights and powers allowing the involvement of public authorities of all levels in the electoral campaign process. The CEC is an independent and autonomous body, financed exclusively by the budget.
In the modern world, electoral branch has been institutionalized through the electoral authorities in many states, and in some of them it has been constitutionalized, that is, it has been enshrined in the legislation and in the constitution.
Similar processes are taking place in modern Ukraine. The creation of the theoretical foundations of the electoral branch from the viewpoint of general theoretical legal science and constitutional legal science will enable to raise the question of enshrining the electoral branch as a branch of state power in the Constitution of Ukraine.
The role of public authorities in the development of the land market in Ukraine: organizational and legal aspect
Authors: Oкhotnikova Olena , Lutsenko Iryna 
Published: June 2020

The question of the feasibility of becoming a land market in Ukraine has become particularly relevant in view of the European integration processes taking place in the country today and remains one of the most debated in Ukraine.
Based on these considerations, the purpose of this article is to expose the role of public authority in the development of the land market in Ukraine.
Also, in order to avoid duplication of functions by executive authorities and local self-government bodies, in our opinion, it is necessary to create a State Service for Land Management and Land Protection. In doing so, the Ministry of Agrarian Policy and Food of Ukraine, the State Service of Ukraine for Geodesy, Cartography and Cadastre should delegate to the Service tasks, functions for the organization and control of the land market, which is the main and the only direction in this field. The State Land Management and Land Conservation Service can only have such powers that will be used to meet state needs and not the departmental interests of the authority or the interests of its individual officials.
We also propose to adopt the Law of Ukraine "On the State Service for Land Management and Land Protection", which will reveal the organizational and legal mechanism of activity of the authorities, define guarantees for the protection of Ukrainian peasants, and regulate and control the land market in Ukraine.
Introducing the agricultural land market, we have every opportunity to regulate the rules of existence and functioning of the land market in such a way as to give the public authorities the opportunity to realize the ownership of land guaranteed by the Constitution, namely local self-government bodies.
Thus, successful foreign experience leads to the conclusion that, on the one hand, it is necessary to balance the interests and guarantees of producers working on land, and on the other - to protect the interests of its owners. In order to increase the investment attractiveness and economic return of agricultural land, it is necessary to improve the mechanism of their lease.
The problem of the role of public authorities in the field of land market development in Ukraine is not well understood, and the state of legal support for this problem needs further improvement to the relevant EU norms and standards.
Legal aspects of the programming budgeting development
Authors: Romanenko Ievgen 
Published: June 2020

An article is devoted to the complex problem of the programming budgeting legislation aspects implementation in Ukraine and in the economically developed countries also. In Ukraine during the last two decades special legal documents were accepted in order to use the program-target method in the budgetary process regulation. Some of these documents are mentioned in this article. Taking into account the necessity of the legislation norms in the field of programming budgeting in Ukraine improvement, an international experience in the respective financial law sphere is important as a source of new ideas for the legislation norms in Ukraine further development and harmonization with legislation norms accepted in the economically developed countries also. That is why in this article programming budgeting international practice achievements and faults are analyzed. An attempt to concentrate attention on the respective problematic questions in the budgetary law sphere is undertaken. The characters of the administrative, centralized, model of the programming budgeting, which occur in the countries with the presidential form of govern, and also the contractive, decentralized, model of the programming budgeting, which occur in the countries with the considerable power of the parliament, are described. Attention is focused on the analysis of the accepted by the Organization for Economic Cooperation and Development programming budgeting classification, what includes the performance-oriented budgeting model, and also the performance budgeting models, namely: the presentational performance budgeting; the performance-informed budgeting; the direct performance budgeting. Comparative analysis of these models implementation shows that in order to reach positive result the financial law special acts were accepted in different countries. Taking into account the necessity of the public finance sphere organization improvement, it is reasonable for this purpose to concentrate attention on the performance-informed budgeting legislation development in Ukraine.
Classification of subjects of the system of prevention of administrative offenses of public administration officials
Authors: Rusaniuk Uliana 
Published: June 2020

The article analyzes the theoretical approaches to the classification of subjects of administrative offenses prevention. This leads us to believe that both the subjects of administrative offenses, as well as the subjects of offenses committed by public administration officials, who constitute the system of prevention of offenses, are rather multilevel and complex.
The author proposes his own classification of subjects of prevention of administrative offenses committed by public administration officials. It is stated that the system of subjects of prevention of administrative offenses of officials of public administration bodies consists of state bodies, local self-government bodies, public associations and citizens. Their legislator has mandated to prevent and eliminate the causes, conditions that create a favorable environment for public officials to commit administrative offenses. They should also prevent such offenses from being performed by officials in the performance of their duties or actions that may induce them to commit an administrative offense.The most important criterias for the classification of subjects of prevention of administrative offenses of public administration officials are distinguished: 1) by structure; 2) subject to such competence for the prevention of administrative offenses by officials of public administration bodies; 3) by the levels of implementation of prevention of administrative offenses of public administration officials.
It is concluded that the subjects of prevention of administrative offenses of public administration officials are a rather complex element in the system of prevention of offenses. The proposed classification of these subjects accumulates the implementation of prevention administrative offenses of officials of public administration at different levels. At the same time, the proposal for legislative consolidation of the list of entities authorized to prevent administrative offenses by public administration officials remains open for discussion.