bluuebunny/crossref_metadata_2025_split huggingface dataset:
Creative techniques as a development resource of social and pedagogical practice
Authors: Авчинникова Светлана Олеговна 
Published: February 2023

Ставится проблема совершенствования массовой социально-педагогической практики посредством освоения идей и техник креативной педагогики. Отмечается дефицит креативных технологий в арсенале школьных социальных педагогов на фоне высокой результативности их применения в специализированных службах с разным контингентом несовершеннолетних. Раскрывается полифункциональность креативных техник при решении социально-педагогических проблем. Креативность трактуется как цель и средство социально-педагогической деятельности. Приводится типология креативных социально-педагогических техник. Анализируется авторский опыт преподавания дисциплины «Креативные техники в работе с несовершеннолетними». Приводится пример создания студентами креативного продукта – интегративной художественно-творческой методики «Семейный театр» для работы с семьей несовершеннолетнего. Делается вывод о необходимости освоения креативного инструментария и идей креативной педагогики для дальнейшей технологизации и гуманизации социально-педагогической деятельности.
The author states the problem of mass social pedagogical practice improving through the development of ideas and techniques of creative pedagogy. Against the background of the growing need for qualified social and pedagogical assistance and the expansion of the school social work problems, there is a lack of creative technologies in the arsenal of school social workers, and conversely their high effectiveness in specialized services with different contingents of minors. In the theoretical aspect, we give the definition of creative technologies, reveal their functions in solving social and pedagogical problems (developing, communicative, compensatory, rehabilitation, hedonistic, recreational). There is an interpretation of the creativity phenomenon as the goal and means of socio-pedagogical activity. The author gives the typology of creative socio-pedagogical technologies: audio-visual, musical-dramatic, visual, training, game, socio-cultural design. There is an indication on the expediency of including creative modules in the training program for bachelors of psychological and pedagogical direction. We are emphasizing foreign and Russian experience in the instrumental training of social workers based on art-pedagogical and art-therapeutic techniques. In practical terms, author analyzes her own experience in teaching the discipline “Creative techniques in work with minors”. There is an example of the creative product developed by students - an integrative artistic and creative methodology “Family Theater” for work with the minor’s family. Thus, we’ve made a conclusion about the need of mastering the creative tools and ideas of creative pedagogy for further technologization and humanization of social and pedagogical activities.
Tests and assessment of quality of the packagings in the aspect of their application in transport processes
Authors: Łukasik Zbigniew , Kuśmińska-Fijałkowska Aldona , Olszańska Sylwia 
Published: February 2023

Packagings play an important role in economy. In transport, they are used to secure all kinds of products from sender to consumer. Due to growing and changing needs of the market, packagings must have appropriate aesthetic qualities and resistance to external factors that may occur during transport. Therefore, it is important to constantly adapt packagings in the context of complying with standards of transport of products. The goal of the article was to analyse and assess selected properties of packagings of cosmetic products in the aspect of transport processes. Strength tests (compression test, tensile test), test of resistance of the packagings to high temperature and test of changes of properties of the packagings using an immersion method were conducted. An analysis of conducted tests gave an answer for the question whether packaging properly protect products in a transport process.
The expectation category in the legal concept of Werner Maihofer
Authors: Besaga І. 
Published: February 2023

The German jurist Werner Maihofer (1918-2009) is most often mentioned in domestic philosophical and legal literature in the context of his original approach to the combination of social and existential philosophy. The explanation of the concepts of interpersonal communication, social roles and positions, as well as the resulting socio-role expectations and interests with the methodology of both social and existential philosophy, allowed the jurist to talk not only about the existence (being) and sense of law, but also about its value. The concept of value is expressed by the author through the categories of expectation and interest. To date, in modern doctrine and judicial practice, much attention is paid to the development of the concept of «legitimate expectation», but their connection with Maihofer’s work on this issue has not yet received due attention. The need to rethink the meaning of the mentioned philosophical and legal concept can contribute to a better understanding of the institution of legitimate expectation, in particular, taking into account the fact that currently scientific doctrine is officially recognized as a source of law. In view of the above, the purpose of the proposed investigation is to study the content and meaning of the right category of expectations in the philosophical and legal concept of Werner Maihofer.
As a result of the conducted research, it was established that Maihofer’s understanding of the concept of expectation is different from that established in modern legal doctrine and judicial practice, its legality is not determined by the individual’s realization of his subjective right, and the reasonableness of expectation is not related to compliance with the law. It acts as the basis of any normative requirement, assigns to the subject the limits of obligatory and forbidden behavior in a specific situation.
Expectations in the understanding of the German jurist appear as the basis of law, which is contained in social images and roles and is actualized, changed and realized during responsible decision-making in life situations. Such expectations act as an axiological criterion of the procedure and result of law-making, thereby giving the resulting law sociological normativity and existential value. Law in this sense is depicted not only as mandatory, but also as necessary.
Evidence in constitutional proceedings: issues of methodological foundations
Authors: Byelov D. , Bielova M. 
Published: February 2023

It is indicated that the realities of social life, the political situation, global processes of transformation of phenomena and processes require legal precision in understanding the fundamental prescriptions specified by the Constitution, as well as ensuring the compliance of legislation with its provisions. Regarding the first question, there are two ways of solving it: detailing the provisions, which to a certain extent creates bulky codified texts that are difficult to apply, or clear, comprehensive formulations of constitutional norms, which provide for the establishment of fundamental principles of the functioning of state power and society, without detailed extended texts. The practice of international constitutionalism only confirms that the last version of constitutions is more convincing to apply. For example, the Constitution of the United States of America, approved in 1787, is still in effect today and has undergone only 27 amendments. Explaining the reasons for such stability, the famous American lawyer A. Cox points out that «the original Constitution still serves us well, despite the enormous changes in all areas of the life of the United States, because the creators of the Constitution had enough wisdom to invest in it exactly as much as was needed, but no more.»
It is noted that one of the main places is given to the process of proving and collecting evidence in constitutional proceedings. This is due to the fact that it is on the basis of correctly collected evidence that a legal and fair judgment can be rendered, in addition, the trial itself will take place in compliance with one of the leading principles - competition and equality of the parties. At the same time, proof (regardless of the type of judicial procedure) has common features as a certain type of knowledge.
It is claimed that proof is a type of cognitive process that is carried out in the order established by law and covers the activities of subjects involved in constitutional proceedings. And therefore, evidence in constitutional proceedings is a type of knowledge that is carried out in the order established by law and covers the activities of the subjects involved in constitutional proceedings, at the same time it represents a combination of both cognitive and procedural activities. The cognitive component characterizes the process of cognition, and the procedural component characterizes the special form that cognition takes within the framework of the rules of constitutional justice.
The main tendencies in the development of procedures for resolving disputes regarding the determination of the child's place of residence
Authors: Synelnykov Ye. 
Published: February 2023

The article is devoted to the evolution of procedures for resolving disputes between separated parents regarding the determination of the place of residence of their child(ren). The article reflects the peculiarities of resolving disputes between parents concerning children, which took place at the main historical stages in the territory of modern Ukraine.
The author emphasizes the necessity of using historical and legal experience in the regulation of family relations and resoling family conflicts.
The author reiterates that historical and legal analysis of family relations` regulation and the development of the procedure for resolving family disputes is carried out with the aim of understanding and applying historical and legal experience, identifying the main basis of views in Ukrainian society on the fundamental provisions on which relationship between parents and children are based, as well as a legal procedure of determination of the child's place of residence.
The article shows main features of the judiciary and the resolving disputes regarding the determination of the child's place of residence, which correspond to different historical periods from Scythia to the reсоvery of Ukraine's independence at the present stage. In particular, attention was paid to the periods of existence of the patriarchal and matriarchal order in the family life, the development of the rights of the child, the discovery of his interests, the development of the court system and civil judiciary.
It is proposed to single out the stages of evolution of the rules of civil procedure and standards of family law, which regulated and still regulate the procedure of the determination of the place of residence of a minor child on the territory of Ukraine.
World experience of legal provision of control over economic concentrations of economic entities
Authors: Holub N. 
Published: February 2023

The article examines the legal mechanisms of state control over the processes of economic concentration in the most developed countries of the world.
A comparison of the legal antimonopoly institutions of the mentioned states was made, and special features of competition legislation, which are inherent in one or another country and their effectiveness in the process of controlling economic concentrations, were revealed.
It has been established that two types of legal mechanisms for controlling economic concentrations have developed in world practice, namely the American type and the Western European type.
It was determined that the American competition law prohibits any form of concentration due to the determination of its level by judicial authorities. In its regulations, American legislation contains clear powers of state authorities on concentration issues. The burden of proving the positive effects of the concentration rests entirely on the applicant for the concentration.
The competition law of European countries is softer. Mergers that significantly restrict competition are prohibited. The concentration takes place only with the permission of the authorities. The exception to this rule is the legislation of Great Britain.
Features of Japanese legislation are the existence of such concepts as depression and rationalization cartels, in the presence of which concentration is prohibited.
According to the results of the study, it was concluded that the use of successful foreign legal experience in the field of concentrations, such as increasing financial indicators for granting consent to concentration, introducing a broad interpretation and specifying the powers of antimonopoly authorities, clearly demarcating their competence, adopting a single codified legal act to regulate relations from concentration will lead to positive changes in the sphere of state policy regarding the right regulation of economic concentration in Ukraine.
Within the framework of this study, an analysis of national and foreign legislation in the field of regulation of economic concentration was carried out.
Methodological basis of the study of the sources of the law of social protection
Authors: Honcharov A. , Honcharov M. 
Published: February 2023

The article examines the pluralism of methodological approaches to the study of social protection of the population in Ukraine in the conditions of social transformations of a systemic nature.
The study of the methodology of the problem of social protection is primarily determined by the constant need for deeper clarification of the content of this legal concept and the prospects for its further development. The constant search for new research techniques and methods ensures the accumulation of scientific knowledge, the deepening of ideas about the nature of social protection.
It has been established that the thoroughness and comprehensiveness of the study of social protection of the population, including the in-depth study of its legal nature and the development of proposals for further development, largely depends on the methodology of scientific research.
The starting point of the research is the judgment that scientific knowledge is acquired only if the study of the object (in this case, social protection) is conducted in accordance with the requirements of the theory of knowledge. The main element of this theory is the methodology, which determines the content and truth of the obtained results and conclusions of scientific research.
The methodological foundations of social protection research are systematized and the trend of anthropologicalization of scientific knowledge in the field of social protection of the population is revealed, which is manifested in the intensification of the use of an anthropological approach and is caused by the gradual affirmation of the idea of ​​man as the highest social value.
As a result, research and conclusions about social protection must be based on concrete material that is objective. Objectivity in the knowledge of the given question implies a relationship with the development of the system of state-legal phenomena, a combination of scientific and value approaches, giving priority to democratic values ​​that embody the current level of development of world civilization.
Modern legal science is characterized by the presence of not a single approach to understanding social protection, but a system of them. After all, only the pluralism of methodological approaches makes it possible to comprehensively study the social protection of the population in Ukraine. Social protection research methodology is a component of legal science methodology and includes knowledge of approaches, principles, methods and techniques that must be used when studying social protection.
The Steppe Rus: peculiarities of social structure of Rus before Christianity
Authors: Danilenko Danilenko 
Published: February 2023

The author makes a reserch of the structure of Rus society on the basis of vedic law.
We have lack of written data about Rus before Christianity. On this basis many scientists, especially foreign, affirm that Rus before Christianity was a wild country: no state, no law, no writing, no religion. But such statesments are fals. Before Christianity Rus had vedic religion, as most of the countries in Europe and Asia. Basic features of state, law, structure of society, rights and responsibilities of individuals were established by vedas. Vedas as the sacred books defined main features of ancient Rus society, that was highly developed.
These statements are confirmed by many sources. Many evidences of vedic culture still exist in modern Ukraine. The names of ukrainian cossacs, as the names of modern Ukrainians show, that the ancestors of ukrainian people recognised the devision of society on the same four varnas, as in India. Rus people worshiped vedic Gods: Surya, Indra, Vishnu, Krishna and other. One of the ancient slavonic Gods is named Kolodiy. That is also the name of one of the biggest ukrainian holiday. It has the same roots as the biggest modern holiday in India — Holi (we can compare Kolodiy — Holi — and english “Holiday”).
Modern history says, that slavonic people, as the other people of Europe, used to live on the same place and their main activity was agriculture. Their enemies were nomades of asian origin, that lived in steppes. But this concept of the war between europeans as the habitants of the woods and asians as the habitants of steppes is artificial and fals. It was constructed by historians of XIX century. The falsity of this concept was proved by soviet scientists. It is interesting to admit, that scientists of moden Ukraine consider that false historian conceptions were developed by the government of Russian Empire. On one hand, this is true. But on the other hand, the same concepts dominate in Great Britain and other countries.
The author claims, that Rus society, as the society of scythians, was devided on varnas according to vedic law. The lower varna lived in woods and their main main activity was agriculture. The higher varna lived as nomades in steppes and grazed the cattle. Also the people of higher varna were warriors. Rus people choosed their kings only among these people. The highest varna was vedic priests — the volhvy.
The author also claims, that the knowledge of varna—casta devision of society has high methodological value for the science of history of law and state. The correct understanding of the development of the state, law and political history of Rus, as the other countries of Europe and Asia, is impossible without understanding of the role of this factor.
Legal basis for the evidence gathering by the prosecution in criminal proceedings
Authors: Dulskyi O. 
Published: February 2023

The article forms the legal basis for the evidence gathering by the prosecution in criminal proceedings. The relevance of the chosen theme is that the evidence gathering by the prosecution in criminal proceedings is regulated by legal acts of the state. However, there are cases when the prosecution violates their separate rules. The determinants are objective and subjective reasons: a significant workload on each law enforcement officer, limited time for making procedural decisions, untimely familiarization with changes in domestic legislation, etc. Such non-compliance with the legal acts of the state may be accompanied by violations of human rights and freedoms, as evidenced by a significant number of complaints filed against Ukraine with the European Court of Human Rights every year. A certain share of the relevant decisions adopted by the European Court of Human Rights in most cases state violations of human rights and freedoms. Therefore, we consider it expedient to form the legal basis for the evidence gathering by the prosecution in criminal proceedings, in order to ensure their correct theoretical understanding and practical application. Accordingly, the purpose of the scientific article is to determine and clarify the legal basis for the collection of evidence by the prosecution in criminal proceedings. Achieving this goal necessitated the following tasks: to analyze both legal acts and works of scholars on this topic, as well as investigative and judicial practice.
Based on the research conducted, the author has come to the following conclusion: the evidence gathering is regulated not only by the Criminal Procedure Legislation of Ukraine, but also by the decisions of the Constitutional Court of Ukraine, resolutions of the Supreme Court, the case law of the ECHR and departmental legal acts of relevant ministries, central executive authorities and other public authorities with law enforcement functions. The legal basis for the evidence gathering by the prosecution in criminal proceedings is the system of legal acts, a set of decisions of the Constitutional Court of Ukraine, resolutions of the Supreme Court, as well as the practice of the ECHR, which determine the methods, procedure, mechanism for collecting factual data, as well as the powers, functions and tasks of authorized entities during the pre-trial investigation.
Independence as a key principle of prosecution activities: general principles of implementation
Authors: Bysaha Yu. 
Published: February 2023

The scientific article is devoted to the study of the general principles of implementation of the principle of independence of the prosecutor’s office.
It is noted that, as of today, the prosecutor’s office occupies a prominent place in the system of state authorities, since, in accordance with the current legislation, it is entrusted with a number of important powers regarding the maintenance of public accusations, participation in pre-trial investigations, representation of the interests of the state and citizens in court proceedings, etc. Based on the above, the issue of researching the principle of independence of the prosecutor’s office takes on special importance, since the quality of the prosecutor’s office’s performance of its functions depends on the proper implementation of this principle.
It has been established that the principle of independence of the prosecutor’s office is an important basis for the organization and functioning of the prosecutor’s office in any state, and its implementation is largely closely related to the application of other principles of the activity of the said legal institution. The independence of the prosecutor’s office takes place where the prosecutor can exercise his powers without fear or favor, without being subjected to undue pressure from state authorities and local self-government, their officials and officials, individual politicians, mass media, and other subjects. Public trust in the prosecutor and the prosecutor’s office as a whole, which ultimately depends on the public’s confidence in the prosecutor’s office’s observance of the principle of the rule of law, is of great importance in this context.
It has been determined that the independence of the prosecutor’s office can be considered in two aspects - as the independence of the prosecutor’s office from other state authorities (institutional independence) and as the independence of each individual prosecutor (individual independence).
In summary, even if the prosecutor’s office as an institution is independent, the prosecutor’s office may still be organized according to a hierarchy, which provides that an individual prosecutor may be subject to the instructions of another prosecutor. There are legal systems where the prosecutor’s office is modeled after the judiciary and is even a part of it. There is a third option, according to which the prosecutor’s office is part of the executive branch of government and is under its accountability. All this should be taken into account when studying the principle of independence of the prosecutor’s office.