ISSN 2585-7738

EV 5691/18 EURÓPSKA VEDA Vedecký časopis EURÓPSKA VEDA/ EUROPEAN SCIENCE 3/2019 EUROPEAN SCIENCE Scientific journal

3/2019 ISSN 2585-7738 Ročník/Year III.

Podhájska 2019 EV 5691/18 Founder Európsky inštitút ďalšieho vzdelávania European institute of further education Lviv University of Business and Law, Ukraine Zat’ko Jozef, Dr.h.c., mult., JUDr., PhD., LLM, MBA, Honor., Prof., mult., President of European institute of further education, Slovensko Yankovska Larysa, Prof., DSc., Lviv University of Business and Law, Ukraine Editor in chief Angelė Lileikienė, Prof., dr., Lithuania Business University of Apllied Sciences, Klaipéda, Lithuania www.european-science.sk EURÓPSKA VEDA E-mail: [email protected]

Editorial Offi ce Address Vedecký časopis Európsky inštitút ďalšieho vzdelávania Za Humnami č. 508/28 941 48 Podhájska Slovakia Phone: +421 905 450 765 IČO: 42334390 EUROPEAN SCIENCE DIČ: 2023768912 Bank Connection Scientifi c journal Československá obchodná banka, a.s. Pobočka M.R. Štefánika 19 940 01 Nové Zámky

Bank Account: 4022107085/7500 IBAN: SK43 7500 0000 0040 22107085 SWIFT: CEKOSKBX Publication of article with one author (up to 12 pages): 50 € Publication of article with two authors: 70 €

European Science is an interdisciplinary 3/2019 applied research journal focused on Law, Economy, Sociology, Pedagogy and allied disciplines. Based on the Journal‘s policy, all articles are peer-reviewed. The Journal is publishes four issues per year, with a an option to publish additional issues. All Ročník 3 rights reserved. Year 3 © Európsky inštitút ďalšieho vzdelávania, European institute of further education, 2019

ISSN 2585-7738 Ministry of Culture: EV 5691/18 Podhájska 2019 Dátum vydania: 30.9.2019 Date of Issue: 30.9.2019 Editorial Council Founder: European institute of further education Zat’ko Jozef, Dr.h.c., mult., JUDr., PhD., LLM., MBA., Honor., Prof., mult., President of the European institute of further education, Slovakia Lviv University of Business and Law, Ukraine Yankovska Larysa, Prof., DSc., Lviv University of Business and Law, Ukraine

Editor in chief: Lileikienė Angelė, Prof., dr., Lithuania Business University of Apllied Sciences, Klaipéda, Lithuania

Associate and managing editor: Robert Jeyakumar Nathan, Dr., PhD., M.Phil., Guest profesor EIDV Slovakia, Faculty of Business, Multimedia University, Melaka, Malaysia

Scientifi c secretary: Bukoros Tetiana, Assoc. Prof., PhD., MBA., Honor. Prof., State Higher Educational Institution «Uni- versity of Educational Management», Kyiv, Ukraine Lukáš Varhol, ThLic., PhD., MBA., European institute of further education, Slovakia

Beschastnyi Victor Prof., DrSc., rector Donetsk Law Institute of the Ministry of Internal Affairs of Ukraine, Ukraine Bock Thomas Prof., h.c.dr. Ing., University Tokio, TU Muenchen, Germany Dadak Casimir Prof., PhD., Hollins University Virginia, USA Drusa Marian Prof., PhD., Ing., Faculty of Civil Engineering University Žilina, Slovakia Hajdu Miklós Prof., DrSc., Budapest University of Technology and Economics, Budapest, Hungaria Horska Elena Prof., Dr., Ing., Dr.h.c., Faculty of Economics and Management, Slovak University of Agriculture in Nitra, Slovakia Hraško Juraj Prof., dipl. Ing., DrSc., academ. SAV, Slovakia Hvozd Viktor DrSc., Lieutenant General of the Reserve, Independent Analytical Center for Geopolitical Studies, «Borysfen Intel», Kyiv, Ukraine Kaminska Tetiana Prof., DrSc., Kyiv Cooperative Institute of Business and Law, Kyiv, Ukraine Kopotun Igor Prof., DrSc., European institute of further education, Slovakia Kostenko Oleksandr Prof. DrSc., Head of the Criminal law, criminology and judicial system issues department, Koretsky Institute of state and law of National Academy of Sciences of Ukraine, Ukraine Kostytsky Vasyl Prof., DrSc., Academician of the National Academy of Legal Sciences Sciences of Ukraine, Honored Lawyer of Ukraine, Ukraine Lazarenko Dmitry Prof., DrSc., University of the State Fiscal Service of Ukraine, Slovyansk Scientifi c Educational Institute Ukraine Mesároš Marián Dr.h.c., prof.h.c., prof., Ing., DrSc., MBA., LL.M. The University of Security Management in Kosice, Slovakia Mykhaylyshyn Ulyana Prof., DrSc., Uzhhorod National University, Uzhhorod, Ukraine Navickas Valentinas Prof., DrSc., Kaunas University of Technology, Lithuania Oberuč Jaroslav Prof., PhDr,. CSc., MBA., LL.M, Institute of Technology in Dubnica nad Vahom, Slovakia Olak Antoni Prof., nadzw., dr hab., dr.h.c., Honor. Prof., Apeiron Academy of Security of Public and Individual, Krakow, Poland Paliszkiewicz Joanna Prof., nadzw. SGGW., dr. hab., Warsaw University of Life Sciences, Warsaw, Poland Piwowarski Julius Doc., PhD., Apeiron Academy of Security of Public and Individual, Krakow, Poland Popova Svitlana Prof., DrSc., Kharkiv National University of Internal Affairs, Ukraine Semchuk Zhanna Prof. DSc., Lviv University of Business and Law, Ukraine Sharashenidze Anzor Prof., Tbilisi University named after David Agmashenebeli, Tbilisi, Georgia Shmygol Nadiia Prof., DrSc., Zaporizhzhya National University, Ukraine Skibniewski Miroslaw Prof., PhD., Dr.h.c., University of Maryland, College Park, USA Sopilko Iryna Prof., DrSc., Faculty of Law in National Aviation University, Ukraine Sopilnyk Lyubomyr Prof., DSc., Lviv University of Business and Law, Ukraine Telovata Mariia Prof., DrSc. National Academy of Statistics, Accounting and Audit, Kyiv, Ukraine Ternovyk Nataliia Assoc. Prof., PhD., Academician Stepan Demianchuk International University of Economics and Humanities, Rivne Ukraine, Ulyanchenko Oleksndr Prof., DrSc., V. V. Dokuchayev Kharkiv National Agrarian University, Ukraine Vovk Viktoriia Prof., DrSc., Khmelnytskyi University of Management and Law, Khmelnytskyi, Ukraine Yankovska Larysa Prof., DSc., Lviv University of Business and Law, Ukraine

Reviewers Armash Nadiia Prof., DrSc., National Aviation University Kiev, Ukraine Dychko Vladyslav Prof., DrSc., Donbas State Pedagogical University, Slaviansk, Ukraine Martinkiené Jurgita Assoc. Prof., dr., Lithuania Business University of Applied Sciences, Klaipéda, Lithuania Skrynkovskyy Ruslan Assoc. Prof., PhD., Lviv University of Business and Law, Ukraine Sobol Evgen Prof., DrSc., Kirovohrad V. Vynnychenko State Pedagogical Universiti, Ukraine Sopilnyk Rostyslav Prof., DSc., Lviv University of Business and Law, Ukraine Stezhko Nadiia Assoc. Prof., DrSc., University of the State Fiscal Service of Ukraine, Ukraine Partners of the scientifi c journal

DOJI

INTERNATIONAL AGENCY FOR JOURNALS IMPACT FACTOR (IAJIF) European Science Contens of the magazine

Content

Economy

Antoniuk Valentyna, Mytsenko Ivan THE PROBLEMS OF ECONOMIC GROWTH IN UKRAINE: REASONS OF CONSTRAINTS AND THEIR SOLUTION ...... 20

Belinska Yanina, Safonik Nataliia FINANCIAL PROVISION OF SOCIAL PROTECTION OF DISABLED PERSONS IN THE CONTEXT OF THE EUROPEAN ELECTION OF UKRAINE ...... 26

Pokryshka Dmytro APPROACHES TO THE STUDY OF TECHNOLOGICAL COMPETITIVENESS OF THE NATIONAL ECONOMY ...... 32

Roman Liubomyr FEATURES THE TRADING ENTERPRISES PERSONNEL MOTIVATION IN EXTERNAL CRISIS CONDITIONS ...... 38

Romanchukevych Vitalii MODERNIZATION ISSUES OF STATE FINANCIAL POLICY UNDER GLOBALIZATION ...... 43

Labour Protection

Tokarskyi Oleksandr, Bolibrukh Borys

PROBLEMS OF INTEGRATION OF UKRAINIAN RESCUE WORKERES LABOUR SAFETY REQUIREMENTS INTO EUROPEAN SAFETY SYSTEM ...... 51

Law

Drozd Valentyna ON THE ISSUE OF LEGAL REGULATION OF PRE-TRIAL INVESTIGATION OF CRIMINAL OFFENCES ...... 56

Melnyk Vadym SIGNIFICANCE OF THE ACTIVITIES STATE FISCAL SERVICE OF UKRAIN AS A SUBJECT OF THE SYSTEM THE ECONOMIC SECURITY OF THE STATE TODAY ...... 60

Misinkevych Anna THE LEGAL BASIS AND CONDITIONS OF MINE RECLAMATION CONDUCTING IN UKRAINE AND IN THE USA ...... 65

Nalutsyshyn Viktor CRIMINAL RESPONSIBILITY FOR TERRORIST ACTIVITY: EXPERIENCE OF EUROPEAN UNION COUNTRIES ...... 71

European Science 3/2019 5 Contens of the magazine European Science

Oliinyk Uliana SOME PHILOSOPHICAL-LEGAL ASPECTS OF THE EFFECT OF GLOBALIZATION PROCESSES IMPACT ON THE DEVELOPMENT OF LAW IN THE CONTEXT OF MODERN STATE CREATION ...... 80

Stengach Nadiya “WOMEN’S LEGAL STATUS IN THE SOCIETY OF THE POLISH-LITHUANIAN COMMONWEALTH AND THE UKRAINIAN COSSACK STATE (SECOND HALF OF THE XVI-XVIII CENTURIES)” ...... 86

Strus Lydia ADMINISTRATIVE-LEGAL REGULATION IN THE FIELD OF GENDER IDENTITY: THE ISSUE OF TERMINOLOGY...... 93

Tymoshenko Maksym HIGHER EDUCATION FUNDING IN UKRAINE (REGULATORY AFFAIRS) ...... 98

Vovk Viktoriia, Каliuzhnyj Rostislav THE RIGHTS OF INGUMANS: PILOSOPHICAL AND LEGAL OUTLINE ...... 105

Security

Kopencova Dagmar, Rak Roman RISK ANALYSIS AND THREATS IN SECURITY SCIENCES ...... 110

6 European Science 3/2019 Editorial European Science

INTRODUCTORY WORD OF THE EDITOR IN CHIEF

Angelė Lileikienė, Prof., dr. Lithuania Business University of Apllied Sciences Klaipéda, Lithuania

Dear Colleagues,

The journal „European Science“ is dedicated to the publication of new scientifi c ideas, focused on presenting the results of theoretical-methodological and applied research not only in a European context but also in a broader context. The consistency of the journal, published 4 times a year, allows researchers to present their research results in a dynamic way, as well as to compare scientifi c conceptualization in the context of research conducted by researchers from other countries.

„European Science“ is a wide-ranging research journal because it covers a broad range of scientifi c disciplines. Research interests: management, history, law, medicine, political science, economics, pedagogy, cybernetics, public administration, etc.

I invite researchers from EU universities and other scientifi c institutions to actively publish scientifi c articles in the journal „European Science“.

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INTRODUCTORY WORD OF A MEMBER OF THE EDITORIAL BOARD

Larysa Yankovska Doctor Hub. in Economics, professor Honored Worker of Ukraine Education Member of the ASU, Member of the IAAC Chancellor of Lviv University of Business and Law Lvyv, Ukraine

Dear reader! We would like to bring to your attention the scienti fi c journal EUROPEAN SCIENCE contai- ning the fi ndings on topical scientifi c directions and interdisciplinary research. The main target of our journal is to create an effective background for discussing urgent scientifi c ideas, achievements, debating points of theory and practice. The magazine has signifi cantly developed and the geographical representation of authors and readership has expanded throughout its existence. The scientifi c journal EUROPEAN SCIENCE is currently one of the few scientifi c periodicals of multidisciplinary nature included into numerous scien- tometrical bases, and it is characterized by high quality of publications provided by double blind peer review and fulfi lls an important function of uniting the efforts of scientists from different countries to solve actual problems of modern science and practice. This issue consists of articles written on topical scientifi c subjects and focused on solving important scientifi c and practical problems of various fi elds. The materials presented in the publication are useful for scientists and practitioners, students, post-graduate students and doctoral students, public employees, entrepreneurs, statesmen. We hope that the articles released in the given issue will provoke your interest, expand the range of research interests and image into your scientifi c and professional activities.

Best regards.

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INTRODUCTORY WORD OF THE EDITION FOUNDER

Jozef Zaťko Dr.h.c., mult., JUDr., Honor. Prof., mult. President EIDV, Podhajska, Slovak Republic

Dear reader!

As scientifi c knowledge increases and the boundaries of science move forward, setting increasingly ambitious and complex goals involving hundreds or thousands of scientists from different countries is becoming more and more essential for the achievement of the scientifi c goals. However, no project would be feasible without the support of an international public opinion fully aware of the importance of its purpose both from a scientifi c point of view and from that of the technological, economic and social implications. Close collaboration between scientists and science communicators is therefore more relevant than ever to ensure that information on those issues is accurate, thorough and as broad as possible. Hence, we would like to bring to your attention the scientifi c journal EUROPEAN SCIENCE containing the fi ndings on topical scientifi c directions. This issue presents a broad-based spectrum of thought provoking articles that are refl ective of the ever-expanding Universe. As you read through these articles, be sure to capture the innovative concepts becoming a reality and look for opportunities to apply them to your own efforts at the realization. We hope, you enjoy this journal, and encourage you to reach out to us for opportunities to publish your own thought-provoking articles in future issues.

Best wishes,

European Science 3/2019 9 European Science Editorial

ASSOCIATE AND MANAGING EDITOR

Robert Jeyakumar Nathan, Dr., PhD., M.Phil. Faculty of Business Multimedia University, Melaka, Malaysia

Biography Dr Robert Jeyakumar Nathan received his Bachelors in Business Administration (Honours) in Marketing with Multimedia; and Masters of Philosophy (Management) from Multimedia University, Malaysia. He conducted his postgraduate research attachment on leadership with Swinburne University of Technology, Melbourne (Hawthorn Campus) under the Asia Pacifi c Leadership Project (APEL Australian Government Grant) in Australia. He obtained his PhD (International Marketing) from Universiti Malaysia Sabah, Borneo Malaysia. Robert is a certifi ed trainer with Pembangunan Sumber Manusia Berhad (PSMB) under the Malaysian Ministry of Human Resources. He also holds certifi ed Stanford University Train the Trainer (TTT) for Design Thinking, and has obtained Distinction in IPA Foundation Certifi cate from the Institute of Practitioners in Advertising (IPA) UK. Prior to joining the academia, he worked as Systems Analyst for Siemens Semiconductor AG (now Infi neon Technologies AG), a semiconductor company based in Munich, Germany. Robert specializes in Manufacturing Statistics and Big Data Analytics and has conducted statistical, data mining, and enterprise knowledge and project management workshops in the Asia Pacifi c, Japan, Europe and North America. He received Covey’s 7 Habits training and mentorship in Siemens as well as IPMA (EU International Project Management Association) Project Management experience, managing Class D, C, B and large scaled A projects in the global operation of the company. He is active in the company Occupational Safety and Health committee and employee safe work initiatives. This includes conducting trainings on Behaviour-Based Safety and Ergonomics at workplace. His training involves bringing together engineers and managers from multiple cultural backgrounds and to unify diverse work teams to perform in unity towards achieving excellence. Robert is currently attached to Multimedia University in Malaysia as Senior Lecturer with the Faculty of Business and the Head of Department for Marketing Degree Program. He does corporate trainings for executives on Design Thinking and Innovation, Leadership, Service Marketing, Digital Entrepreneurship, Fintech and Digital Banking Solutions, Workplace Communications, Job safety analysis and Ergonomics, and Emotional Intelligence. He participates in academic research projects in Malaysia, Singapore, Europe, Australia and in the Middle East. His research interests include Marketing and Internet of Things; Electronic Commerce & Industrial Revolution 4.0; Empathetic Leadership; Usability and Ergonomics; and Occupational Safety & Health. Active in research and mentoring, he has published over 80 refereed academic journal papers, book chapters and conference proceedings; most of which are in Web of Science

10 European Science 3/2019 European Science

and Scopus indexed. He believes is quality and depth in academic research and publishing, and has often called on to the university to be conscience of the society, and for academics to be a lighthouse to the community. He has penned his thoughts and published two notable works with the Australian Universities’ Review calling for academic integrity and honesty in teaching and research. In 2013 he published an article entitled “Universities at the Crossroad: Industry or Society Driven?” with the Australian Universities’ Review, Vol. 55, issue number 2. In year 2019, he wrote “Publications, Citations and Impact Factor: Myth and Reality.” Australian Universities’ Review, Vol. 61, Issue number 1. Both works iterates the importance for academics not to engage in dishonest academic practices, instead focus on improving society through high quality teaching and research with integrity. Robert serves in the Malaysian Academic Movement (MOVE) as the Assistant Secretary General, affi liated to Education International, Brussels. He promotes quality education and accessibility of education to all in line with the United Nation’s Sustainable Development Goal Number 4. He is among the 50 Global Advocate for SDG#4. He also represents Education International as Panel for Education and Research with the United Nation’s Agency - World Intellectual Property Organization (WIPO) in Geneva, where the Standing Committee for Copyright and Related Rights meet twice yearly. Robert has been Visiting Scholar with Szent Istvan University, Hungary in year 2019, The University of Newcastle Australia and University of Wollongong Australia in Singapore, and sits in the Academic and Exam Board of Academies Australasia College in Singapore.

European Science 3/2019 11 Editorial European Science

WE ARE INTRODUCING A MEMBER OF EDITORIAL BOARD

Nadiia Shmygol, Prof., DrSc., Zaporizhzhya National University, Ukraine

Professional experience Accomplished expert in preparing and reviewing fi nancial reports, in accounting and audit, possessing computer skills, profi cient lecturer successfully using information technologies as an educator, able to work under stress, possessing broad skills in interacting with people directly and in business correspondence as well as having good understanding of administrative work.

Education Zaporizhzhya State University, Physics and Mathematics Department, major in Applied Mathematics – 1990-1995. Zaporizhzhya State University, Economics Department, major in Accounting and Audit –1992-1998. University of Humanities „ZISMA“, 2005 – Master‘s degree in Educational Institutions Management and Statistics, 2007 – Master‘s degree in English Language and Literature. In 2005 defended a thesis and obtained a diploma of Candidate of Sciences (comparable to the academic degree of Doctor of Philosophy, Ph.D.) Economics in Economic and Mathematical Modeling. In 2013 defended a thesis and obtained a diploma of Doctor of Sciences in Economy and Management of enterprises. Certifi cate of professor of Accounting and Audit Department (2014)Employment Zaporizhzhya secondary school of continuous education No.7, 1995-1999. Position: teacher in Computer Science. Zaporizhzhya branch of Interregional Academy of Personnel Education (MAUP), 1999-2003. Position: senior teacher of the chair of Economics and Management, deputy director for fi nance. University of Humanities „Zaporizhzhya Institute of State and Municipal Administration (ZISMA)“, Zaporizhzhya, from 2003. Position: senior teacher of the Economic Cybernetics and Statistics chair, from February 2005 – assistant professor of the chair, from November 2005 – deputy head of the chair, acting head of the chair. 2007 - assistant professor of the Department of Economic Theory of Zaporizhzhya National University, April 2009 – deputy dean of Economics Department of Zaporizhzhya National University for scientifi c work. September 2009 – Doctor of Sciences candidate of the National University of Food Technologies, Kyiv

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September 2012 - assistant professor of the Department of Finance of Zaporizhzhya National University October 2013 – professor, head of Accounting and Taxation Department of Zaporizhzhya National University Besides, worked part-time in auditing fi rms and was the chief accountant of companies from various fi elds of activities.

Personal Data Born in Pavlodar city in Kazakhstan. Graduated from Zaporizhzhya secondary school No. 15 with honors. Married, two children.

Additional Info Certifi ed Accounting Practitioner (САР) Certifi cate from International Council of Certifi ed Accountants and Auditors No.416, Certifi cate of Accounting Practitioner No. 21 from the Federation of Professional Accountants and Auditors of Ukraine, The certifi cate of course completion «Institute Program Manager and Facilitator Workshop « - Cisco Enterpreneur Institute (2009). The certifi cate acknowledges in «Teaching CSR» (2009). The DIPLOMA of the Institute of Professional Financial Managers «Incompetence in IFRS» (2013). English speaking skills (C1 Level), Russian speaking skills (C2 Level), have a document confi rming belonging to the Polish nation, Polish speaking skills (B2 Level), have a driver’s license.

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WE ARE INTRODUCING A MEMBER OF EDITORIAL BOARD

Valentinas Navickas Doctor of social sciences (economics), professor at Kaunas University of Technology (Lithuania), the School of Economics and Business.

Author of more than 300 scientifi c publications (including monographies published in Czech Republic in 2013 and Slovak Republic in 2016, 2018) and scientifi c articles, published in Lithuania and abroad. Author of fi ve experimental development projects. Prepared 6 doctors of social (economics) science; now he is research adviser of 3 persons maintaining a doctor’s thesis of social (economics) science. Other experience includes diverse activities in both public and private space. Examples include, Lithuanian-Polish Cross Border Cooperation Program executor, head of Strategic planning of Molėtai city district. Also, acted as an independent expert on economics on multiple projects in various industries, such as forestry, real estate and others. Few of the projects include “Analysis of Lithuanian Forest Entities Taxation System and Suggestions for Improvement”; “Development of methodology for setting differentiated profi t rate of forest enterprises”; “Methodology for calculating the economic depreciation of real estate” as well as “Analysis of the feasibility of establishing a system to measure changes in the real estate market” and “Determining the signifi cance of factors and risks affecting real estate and business value through expert survey”. Has prepared all or part of 4 textbooks for higher education institutions (universities and other) with few of the following topics “The peculiarities of European Union markets”; “Management Control in Multinational Firms”; “Development Economics” and “Peculiarities of European Markets” Has received multiple awards, including Acknowledgment of Lithuania’s Minister of Economy for leading the best Master‘s thesis in the 2013 Lithuanian Master‘s thesis competition in the fi eld of social sciences. Few other positions includes Expert of the Lithuanian Research Council; Member of KTU Doctoral Committee in Economics; Expert and member of the Academic Council, Eastern European Development Agency (Slovakia); Chief Editor of International Journal of Management: Theory and Applications (US, ISSN 2281-8588); Chief Editor of Journal of Management = ISSN 1648-7974 and also member of Editorial Boards in multiple other journals, including ones in Lithuania, Slovakia, Slovenia, Turkey. Furthermore, participant and member of multiple scientifi c committees in international scientifi c conferences in Lithuania, Slovenia, Slovakia, Turkey, Poland, Indonesia, Taiwan, Japan and elsewhere. Other positions also include head of expansion in American football club Kaunas “Dukes” in Lithuania. Able to communicate in 5 languages: Lithuanian, Russian, French, English and Slovak. Fields of scientifi c interest: international economics, logistics, clusterization, competitiveness, economical growth, corporate social responsibility.

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HOW TO BECOME A SUCCESSFUL AUTHOR OF A PAPER TO BE PUBLISHED IN A WORLD-CLASS SCHOLARLY JOURNAL?

Mirosław J. Skibniewski Prof., Ph.D University of Maryland, College Park, USA

An invited Guest Editorial JUDr. Jozef Zat’ko, Publisher of Europska Veda, has asked me to prepare and convey a set of guidelines for authors who wish to be successful in preparing and submitting scholarly papers for consideration for publication in world-class, globally scoped academic journals, such as those indexed in Elsevier’s Scopus™ and ScienceDirect™ and/or in Clarivate Ana- lytics’ Web of Science™ databases. My guidelines provided below are intended for rela- tively junior authors, with limited prior experience in publishing, who are preparing their manuscripts in the realm of applied sciences. Some of the issues being raised herein are universal and as such they are equally applicable in other scholarly domains as well. I have based these guidelines on my 25+ years of experience as an editor-in-chief of a high-ran- king international research journal in my own academic discipline. The journal has been included for a number of years both in Scopus™ and in the Web of Science™, earning their relatively high CiteScore™ and Impact Factor™ designations.

Academics work in an increasingly competitive environment. With many narrowly defi ned scientifi c disciplines, the race to the top has become relentless. There are currently over two thousand academic journal publishers worldwide, publishing over twenty thousand journals. The total number of refereed journal papers now exceeds 1.6 million annually and it is still growing rapidly. The largest numbers of such papers originate from the U.S.A., with China closely behind. A growing, and still largely unregulated, market for open-access publicati- ons further complicates the publishing environment. Over 90 percent of academic journal papers ever published will have been published in our professional lifetime. Ethical issues in academic publishing abound.

A successful article should contain the following major components, preferably but not necessarily presented in the stated order.

1. The title: The title of an article should be as short as possible, but it should refl ect the main issue addressed in the paper as well as the paper content. In most cases, the title of the article is decided after the entire content of the article has been completed. The wording of the title should avoid uncommon acronyms or descriptors confi ning the contents of the paper only to one country or one geographic region.

2. The abstract: The abstract is an advertisement of your paper. It should be written in clear, short senten- ces which are easy to understand and should accurately refl ect the contents of the paper and its main contribution to the global body of knowledge. One must avoid unnecessary

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sentences that belong to the introduction section of the paper. An good abstract shou- ld contain only 6 short sentences as follows: 1) The scientifi c domain and the problem within the domain which is the subject matter of the paper, 2) The research question to be answered in the paper, 3) The means and methods (scientifi c tools) used to obtain the answer to the stated research question, 4) The answer to the research question, 5) The meaning and importance of the answer and the results obtained, 6) The future research directions based on the results of the completed research reported in this paper. The en- tire abstract should not exceed one-half of a printed page.

3. The keywords: Keywords are the labels of your manuscript used in scientifi c databases containing many thousands of papers. A correct use of keywords will determine if your article is noticed by potential readers, or if it is only glanced over before the reader decides to move on the next article in the database without reading yours. Keywords that are generic in nature are always ineffective.

4. The introduction: This section should set the stage for what is presented in the article. One must provide a clear description of the problem to be addressed along with detailed explanation of the importance of the problem. One should also defi ne the group of stakeholders – the larger the better – for whom the stated problem is important. This is followed by the defi nition and detailed description of the specifi c research question to be addressed. A detailed jus- tifi cation of the importance of the question stated is also essential, along with a descrip- tion of other related questions which are not being addressed in your paper. A clear defi nition of the future benefi ciaries of the answer to be obtained must also be provided.

5. The literature review: One must provide a critical, very brief and comprehensive summary of the most rele- vant prior research by the author(s) of this paper as well as by other writers worldwide attempting to address the same research question or other closely related questions. Such questions may have been addressed within the same subject domain, but also in different domains - sometimes in scholarly fi elds unrelated to one’s own. All cited pu- blications should be critically reviewed; do not cite publications that you have not fully absorbed and have not explained their relevance to the subject matter presented in your paper. Avoid an excessive number of self-citations or citations of publications from the same country or from the same geographic region.

6. The research methodology (your own selection of means and methods/tools employed to answer the stated research question): This section contains the detailed description of your approach to obtain the answer to your research question. Provide a clear justifi cation of your selection of this approach and briefl y discuss any alternate approaches which were also initially considered but ultima- tely discarded, along with justifi cation of such a decision. Do not regurgitate a detailed description of established, well-known analytical tools, procedures or testing methods – it should suffi ce to cite relevant sources. Your description should be complete, i.e. it shou- ld be possible for a reader to reproduce the results of your research with the use of the stated means and methods used to obtain your research answer. Describe in detail your data formatting and other requirements related to the performance of statistical tests and analyses. Avoid procedural shortcuts which may render your methodology description useless to interested readers.

7. The research results: Provide a clear, detailed description of your results obtained by you with the use of the re- search methodology described in item 6 above. Concentrate on the main points and avoid digressing to only loosely related or unrelated topics. Your description should be aided by well-formatted and fully readable tables and fi gures emphasizing the main points being made. Avoid the inclusion of lettering and labels in a language other than English, as these will be useless for an audience unable to read in that language. Provide clear

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evidence and description of the validation of the obtained results by other researchers or in professional practice related to your academic fi eld. Normally, validation attempts with the use of computer simulation only based on arbitrarily constructed models will be considered insuffi cient by reviewers assigned to evaluate your paper, as such reviewers often prefer the evidence of real-life implementation of your results.

8. The discussion of research results (discussion of the importance of the answer to the sta- ted research question): This may be the most important section from which the potential reviewers will begin their examination of your paper. Describe what your results mean and why they are im- portant for the audience/readers/stakeholders targeted by this paper. Elaborate in detail on the contribution of your results to the body of new knowledge in your own scientifi c discipline and beyond.

9. Conclusions and directions for future research: This section provides a brief summary of the most important fi ndings produced by the presented research. Describe in detail why this fi nding may be important to a global audience, not merely to your national or regional stakeholders. One must also describe the limitations of the results obtained and suggestions on how these limitations may be overcome with follow-up research. Additionally, one should provide a detailed descripti- on of how the results presented will inspire future generations of researchers worldwide aspiring to make contributions in the same or related fi elds of academic and professional endeavor.

10. The references: Make sure that all cited items contain complete bibliographic data. Avoid citing an exce- ssive number of references which may be redundant and references in languages other than English. If one feels compelled to cite a non-English language reference, make sure to provide an English translation of the title (in parentheses next to the title in the lan- guage of the publication). There is a growing trend to provide an digital object identifi er (DOI) for each journal paper or conference proceedings article being cited that has such an identifi er, an ISBN for each book reference, and a web address with the date of last access for all other resources. There is also a diminishing emphasis on a particular format of references (as long as the cited items are listed in a consistent manner), as the article typesetting processes at the publishers are currently automated and conversions from one referencing format to another are straightforward.

Most high-ranking journal publishers have been quietly removing strict limitations on the number of pages or words a paper is allowed to contain due to the fact that most paid sub- scriptions are currently electronic. This removes the burden of the authors to conform to the volume limitations of their articles, allowing for a complete presentation of relevant research results. Additionally, datasets used in the conduct of the research being presented may be stored in cloud-based repositories accessible by all concerned.

Owing to the limitations of space, this guest editorial does not touch upon numerous con- temporary issues related to the publication of papers in scholarly journals. However, I often conduct hands-on, full-day workshops in academic settings worldwide for aspiring and active academics interested in sharpening their writing skills and in becoming successful in pub- lishing their papers in top-ranking international scholarly journals. There are ample opportu- nities to address individual interests and answer specifi c questions during such workshops. I hope to see many of the readers of this editorial in a workshop to be conducted in the future in a location near you.

Mirosław J. Skibniewski 10 February 2019 University of Maryland, College Park, USA https://pm.umd.edu http://e-construction.umd.edu

European Science 3/2019 17 European Editorial Science EuropeanEditorial Science

WE ARE INTRODUCING A MEMBER OF EDITORIAL BOARD

Viktor Beschastnyi Doctor of Juridical Science, Professor, Honored Lawyer of Ukraine.

Date of birth: 9 November, 1959. Education: higher, graduated from Kharkiv Law Institute (now – National University «The Yaroslav Mudry Law Academy of Ukraine»), on a speciality «Jurisprudence», Donetsk State University of Management, on a speciality «Finance». In 2005 he defended the thesis for the scientifi c degree of Candidate of sciences in Public Administration on the topic: «A mecha- nism of public administration by professional training of the internal affairs personnel». In 2010 he defended the thesis for the scientifi c degree of Doctor of Public Administration on the topic: «A mechanism of public administration by the development of higher educational institutions of the system of the Ministry of Internal Affairs of Ukraine». In May 2018, he was awarded a Doctor of Science degree in speciality 12.00.08 «Criminal Law and Criminology; Penal enforcement Law». Since 1981 he served in the internal affairs agencies. 1983-2003 – service in the internal affairs agencies of Donetsk region. Since 2003 – the rector of Donetsk Institute of Internal Affairs at Donetsk National University (now – Donetsk Law Institute of the Ministry of Inter- nal Affairs of Ukraine).

History The history of Donetsk Law Institute of the Ministry of Internal Affairs of Ukraine dates back to April 28, 1961, when according to the order No 0109 of the Minister of Internal Affairs of the Ukrainian SSR Stalino (Donetsk) specialized secondary militia school of the Ministry of Internal Affairs of the USSR was established. The cadets of Kyiv specialized secondary militia school of the Ministry of Internal Affairs of the USSR were transferred to Stalino (Donetsk) to continue their studying at the 2-nd course of the newly established educational institution. In 1964, the educational institution was relocated from a small settlement and the edu- cational institution received its permanent registration in Kyiv district of the city of Donetsk until 2014. Taking into consideration the socio-political conditions prevailing in the eastern Ukraine, the educational institution was forced to change its location. According to the order of the Ministry of Internal Affairs of Ukraine No. 1010 dated Sep- tember 30, 2014, Donetsk Law Institute of the Ministry of Internal Affairs of Ukraine moved to Kryviy Rih, where the higher educational institution-forced migrant provides educational and scientifi c activities.

Activity Thanks to the dedication of the staff and personally the rector V. M. Beschastnyi the In- stitute has fi rmly entrenched in the educational fi eld of Kryvyi Rih district. As at 2018, the higher educational institution has two large training buildings, fully equipped for the educa- tional process and placement of the cadets, a special hostel for teachers and the rest of the staff, a student hostel.

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In 2016 Mariupol Training Center (now it is the «Police Academy» of Donetsk Law Institu- te) joined the Institute. It was a signifi cant event in the life of the Institute that symbolically highlighted the connection with Donetsk region. The strengthening of the personnel potential has allowed to gradually restore the structu- re of the educational institution. Today the Institute includes 4 faculties, 12 departments where the educational process is provided by a powerful team of teachers, among them there are 16 doctors and 60 candidates of sciences. In spite of temporary personnel losses, Donetsk Law Institute has remained a very power- ful research center. So, the Research laboratory on problematic issues of law enforcement activities continued its work. In addition, the Specialized Academic Council on fi ve speciali- ties functions in the Institute. The Institute obtained a license for training of Doctors of science in the fi eld of «Law» which was approved by order of the Ministry of Education and Science of Ukraine on 4 July, 2016. Today Donetsk Law Institute has a powerful Education and Training base as in Kryvyi Rih (a total area is 11608, 79 sq. M), so and in Mariupol (a total area is 1,704,14 sq. M), and makes every effort to provide modern innovative development of the educational process of training of future policemen and lawyers. Donetsk Law Institute is the only institution of higher education in Kryvyi Rih district whe- re a full course of training of future lawyers is provided – from the Bachelor’s degree to the Doctor of science degree.

Our address: Kryvyi Rih, Stepana Tilgi Street, 21, Spivdruzhnosti Street 92a Mariupol, Budivelnykiv Avenue, 145

European Science 3/2019 19 Economy European Science

THE PROBLEMS OF ECONOMIC GROWTH IN UKRAINE: REASONS OF CONSTRAINTS AND THEIR SOLUTION

Valentyna Antoniuk Doctor of Economics, Professor, Chief Researcher Institute of Industrial Economics, NAS of Ukraine, Kyiv, Ukraine

Ivan Mytsenko Doctor of Economics, Professor, Head of the Department Central Ukrainian National Technical University, Kropyvnytskyi, Ukraine

JEL classification:ǭ22, J24, O11, Ƕ41.

Abstract. The most important problem in the development of Ukraine is the slow pace of economic growth, which causes it to lag behind the developed countries and the low level of welfare of the population. It is important for Ukraine to search for and actively use modern growth factors. The purpose of the article is to analyse the reasons for limiting the growth rate of the Ukrainian economy in the context of modern growth theories and to identify ways to overcome them. For this purpose, a brief overview of the main methodological platforms of economic growth is made, the essence of the theories of endogenous growth and structural transformation of the economy are presented in more details. Economic and statistical analysis revealed that there is a weak use of endogenous growth factors in Ukraine: the level of capital investment is insufficient; due to the narrowing of the employment sector and the deterioration of its structure, human capital is not fully utilized; there is a stagnation of the research sphere. There is a negative structural dynamics of the economy, which is manifested in the reduction of the share of industry in favour of smaller technological sectors. These processes slow down dynamic economic development. At the same time, it is revealed that a number of high-tech industries (mechanical engineering, pharmaceutical, computer manufacturing, etc.) are emerging in Ukraine, which can become drivers of economic growth. The ways of activating modern growth factors in Ukraine have been determined. Keywords: economic growth, theory of endogenous growth, investments, human capital, structure of economy, industry.

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Introduction Economic development of Ukraine has a slow pace. The gross domestic product (GDP) index was 102.4% in 2016, 102.5% in 2017, and 3.3% in 2018 [3]. As GDP fell significantly in 2014-2015 (more than 15% compared with 2013), slow growth did not ensure GDP recovery to the level of 2013. This led to a decrease in employment and the level of unemployment increased by 9% of the economically active population. The living standards decreased leading to social discontent and significant labour migration. The only way out is to achieve higher economic growth. This requires finding and activating all possible growth factors through theoretical analysis of the problem and development of effective economic policy measures.

The problems of economic growth in Ukraine This has led to the emergence of new are comprehensively covered in the concepts of economic growth, among which the monographic study of specialists of the NASU theory of endogenous growth and the theory of Institute of Economics and Forecasting [10]. The structural transformation are important for monograph presents the analysis of countries trying to overcome the gap. The fundamental factors for acceleration of growth in theory of endogenous growth focuses on the main macroeconomic sectors of Ukraine. They internal sources of development. Its founders, are real, budget, financial and crediting, Paul Romer and Robert E. Lucas, consider international sectors. Modelling of economic scientific and technological progress to be the development in the conditions of unstable main driver of growth, which is shaped by economic condition was carried out. In her investments in physical and human capital, article, O. Lyashenko studies the possibilities of development of knowledge and research. economic growth through investment and Positive dynamics of labour productivity and knowledge [6]. It is worth to consider the production are achieved through: training in analysis of the evolution of the theories of practice and dissemination of knowledge; the economic growth by Russian scientists O. accumulation of human capital by increasing the Zamulin and K. Sonin [12, 7], in which various share of the population with higher education; models of growth and their constraints are development of research, creation of new analyzed. There are many other publications technologies and introduction of innovations. and recommendations on this issue in Ukraine, The classical model of economic growth by P. but no significant progress has been made so far Romer (1990), includes the research sector and in ensuring high rates of economic dynamics, the production of intermediate capital goods which indicates the relevance of further studies (means of production) that provide technological of growth mechanisms. progress [8]. In the research sector, the use of The objective of the article is to analyze existing human capital generates new the reasons of constraints of the growth of the knowledge that materializes in the form of new Ukrainian economy in the context of modern technologies. The increase in new knowledge theories of growth and to find ways to depends on the number of employees in the overcome them. research sector and the parameters of scientific Main material. The problem of economic productivity. The production of capital goods is a growth has always been important for every condition for the formation of production country. Therefore, it is thoroughly studied, and facilities of higher technological level and the recognized methodological platforms for spread of training in practice. understanding growth factors were developed. In another concept, economic growth is They are Keynesian, where economic growth is associated with the structural transformation of driven by the dynamics of total demand, the an economy that provides development or ratio between savings and investment; formation of those sectors that drive economic neoclassical, in which growth is ensured by growth. This approach is substantiated in the factors of production - volumes of labour, capital studies of R. Hausman, D. Rodrick, and others. and technological progress; institutional, which [4]. For sustainable growth, it is necessary to prefers the quality of public institutions as create the conditions for the development of growth factors. However, the slowdown in modern high-tech industries that have economic growth in recent decades in most significant export potential, that is, to provide countries of the world has necessitated the progressive structural dynamics. This is search for and involvement of new factors especially important for developing countries capable to sustain growth in the long run. that have not reached the stage of high-tech

European Science 3/2019 21 Economy European Science development of leading industries. When positive dynamics recovered in 2016, and in progressive industries decline, negative 2018 they exceeded 2010 by 3 times. structural dynamics occur in favour of smaller However, in the unchanged prices of 2010 technology sectors, which impede economic there was a significant fall of this indicator, growth. which in 2016 amounted to 80.3% and only in The analysis shows that in Ukraine low 2018 its volume exceeded the level of 2010. economic growth rates are due to both The share of investment in GDP declined and negative dynamics of endogenous factors and in 2014 had a very low level (13.8%). There deterioration of the structure of the economy. has been a significant decrease in foreign Endogenous factors are formed through direct investment, which is a real source not investment, education, science and only of the necessary funds for economic innovation. Capital investments (Table 1) at development, but also of modern technologies current prices increased until 2012. In 2013- and progressive forms of business 2014 their volume decreased sharply. The organization. Table 1 Dynamics of Capital and Foreign Direct Investments in Ukraine during 2010 - 2018 Indicators 2010 2012 2014 2016 2018 Capital investments in real 189061 293692 219420 359216 578726 prices, millions of UAHr Capital investments in % to 17,5 20,9 13,8 15,1 16,3 GDP Capital investments in prices 189061 238000 151953 151760 200251 of 2010, in millions of UAHr Direct foreign investments, in 38993 48198 53704 32123 31606 millions of US Dollars Source: formed on the basis of [1]

To make investments to be the source of growth, it is necessary to direct them not only to the replacement of worn-out means of production, but also to their growth, which ensures the development of the material and technical base of enterprises and industries. The analysis of the dynamics of fixed assets of Ukraine in 2016 showed that the funds were put into effect for 202120 million UAHr, and dropped to the amount of 271874 million UAHr. [11], therefore, no simple reproduction of the means of production took place. This is due to the fact that out of the total investment in 2016, 227336 million UAHr were directed into engineering structures, machinery and vehicles. Investment deficit makes it impossible to modernize production and create new high-tech jobs. This limits the ability to expand training on own investment, leading to a decrease in demand for highly skilled labour, and therefore to inefficient use of available human capital. The endogenous growth model is based on the growing use of human capital. Today this factor is not fully realised in Ukraine. The level of economic activity of the population has decreased: from 64.9% in 2013 to 62.7% in 2018 [2]. The number of employed population decreases, which increased until 2013; in 2014-2015 it decreased sharply due to the occupation of Crimea and parts of Donbas region. In the following years the number of employees decreased and only in 2018 this dynamics was changed (Table 2). Table 2 Dynamics of Employed Researchers and Population with Higher Education in 2010 - 2018 Indicators 2010 2013 2014 2017 2018 Employed population at the age of 15-70, in thousands of 19180,2 19314,2 18073,3 16156,4 16360,9 people Including those with full higher 5017,1 5401,8 5661,7 5332,6 5524,0 education, in thousands of people – in % to the employed 26,2 28,1 31,3 33,0 33,8 Share of employed people with full, basic and undergraduate 47,8 49,7 52,7 53,4 54,0 education, in % Formed on the basis of [2]

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On the positive side, the share of people with higher education is growing in the employment structure. If in 2010 there were almost 48% of such employees, then in 2018 there were 54% of them. The number of employees with higher education is growing more dynamically. The quality of the workforce is increasing, but the national economy does not ensure its efficient use. Thus, there is a growing proportion of employed people who work in low-skilled jobs in the economy of Ukraine. The structure of people employed by occupational groups in 2018 was the following: the largest share was made by people employed in the simplest professions – 19.1%, which exceeded the share of professionals (18.4%). in 2014 the share of such employees was smaller. In recent years, the number of employees in all occupational groups has declined, with the exception of the simplest professions and employees in the trade and services sectors, who also have low levels of skills. In 2018, there were 4,845,000 professionals and specialists and 5,871,000 trade, service and basic occupation employees [2]. In the conditions of the shortage of jobs and low remuneration, the population with a high level of professional training is forced to seek employment in other countries. Labour migration has become widespread and leads to loss of human potential of the state. Incomplete use of human capital is proved by the decrease in employment in the research sphere, where the number of researchers decreased by almost 36% (Table 3). However, they are the specialists who provide the development of the economy on an innovative basis. Although the volume of completed scientific and technical works has increased at actual prices, this has not affected the innovation activity of enterprises. Their share in 2013-2018 remains low and equals about 16%. In 2018 there were 777 innovative enterprises in the industry [9], almost twice fewer than in 2010. Table 3 Dynamics of R&D Indicators and Innovation Activity of Ukrainian Enterprises in 2010 - 2018 Indicators 2010 2013 2014 2017 2018 Number of specialists that do scientific and technical research, thousands of 89,6 77,9 69,4 59,4 57,6 people The amount of completed scientific and 1677 technical works, at real prices, millions 9867 11781 10951 13379 4 UAHr Share of innovatively active industrial 13,8 16,8 16,1 16,2 16,4 enterprises, % Formed on the basis of [9]

The low level of innovative development of the industrial enterprises affected the level of their competitiveness and production volumes. A significant fall in industrial production had a negative impact on the structure of economic activities, an increase in the share in the gross value added (GVA) of low-tech sectors (Table 4), especially in the agricultural sector from 8,4% in 2010 to 14,2% in 2015, in 2017 it exceeded 12%. The share of industry decreased. In 2016 it was 20.5%. Its growth in 2017 is a positive phenomenon, but the 2010 figure has not been restored. The structure of industries is dominated by low-tech activities that cannot provide dynamic economic development.

Table 4 Structure of gross value added of Ukraine in 2010-2017,% * 2010 2013 2014 2015 2016 2017 Agriculture, forestry and 8,4 10,0 11,7 14,2 12,2 12,1 fishery Mining industry 6,7 6,3 5,7 5,6 5,5 7,0 Processing industry 15,0 12,8 14,0 14,0 11,8 14,3 Supply of energy, gas, steam 3,2 3,3 3,2 3,2 2,8 3,4 and conditioned air Water supply, drainage, 0,8 0,5 0,5 0,5 0,4 0,4 processing of waste Industry as a whole 25,7 22,9 23,4 23,3 20,5 25,1 Construction 3,7 2,9 2,7 2,3 2,4 2,6 Sphere of services 62,2 64,2 62,2 60,2 64,9 60,2 Formed on the basis of [3]

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Ukraine's economy has slowly grown since 2016, but this is mainly due to agriculture, construction and trade, and the contribution of industry to growth dynamics is negligible. It should be noted that the pace and structure of industrial development of Ukraine in the last five years has been significantly influenced by the loss of industrial potential of the Donbas region and Crimea. The industry is gradually recovering, but at a slow pace. Generally, industrial output grew by just 2% over the 2017, 2018 and nine months of 2019. However, a number of industries with the investment and innovative products had higher growth rates: production of railway locomotives increased by 2.8 times, metalworking machines and machines by 1.5 times, computers, electronic and optical products by 19%, major pharmaceuticals and medicine by 17% [5]. These areas of production can be the drivers of development and dynamic growth of Ukraine's economy. At the same time, there is a number of important industries for the technological development of the country, such as manufacturing of machinery and equipment, electrical equipment, vehicles which have a decline in production. The decline of many industries reduces the need for highly skilled labour and research, which negatively affects the formation of human capital.

Conclusions The study showed that endogenous growth factors are poorly used in Ukraine, and there is a negative structural transformation that is holding back growth. The Government of Ukraine has identified the main objective for the next five years of economic growth by 40%. Achieving this goal requires the implementation of economic policies aimed at active use of modern growth factors by: forming a favourable investment climate for significant growth in the national and foreign investment; implementation of industrial policy aimed at modernization and development of industrial complex based on industry 4.0; creation of high-tech jobs in all spheres of economic activity, which will increase the demand for human capital; ensuring the development of educational and scientific spheres in the context of the needs of economic modernization; creation of decent working conditions and remuneration for the widespread reproduction of human capital. A promising area of research for this issue is to look for growth factors that are specific to Ukraine and that can provide it with competitive advantages in the global economic growth race.

References 1. Capital investments by sources of financing for 2010-2018. Statistical information. [Online]. Available: http://www.ukrstat.gov.ua/. Accessed on: November 19, 2019 2. Economic activity of the population of Ukraine. Statistical collection. [Online]. Available: http://www.ukrstat.gov.ua/. Accessed on: November 18, 2019 3. Gross domestic product. Statistical information. [Online]. Available: http://www.ukrstat.gov.ua/. Accessed on: November 18, 2019 4. Hausmann R., Hwang J., Rodrik D. “What Your Export Matters”, Journal of Economic Growth, Vol. 12, No. 1 1, pp. 1–25, 2007. [Online]. Available: https://doi.org/10.1007/s10887-006- 9009-4. Accessed on: November 18, 2019 5. Industrial production indices by the type of activity. Statistical information. [Online]. Available: http://www.ukrstat.gov.ua/. Accessed on: November 19, 2019 6. O. Lyashenko, “Modeling Economic Growth Provided by Learning from Personal Experience and Dissemination of Knowledge,” Bulletin of T. Shevchenko Kyiv National University. Economics, No. 4 (181), p. 12-17, 2016 7. I. Lyubimov, “From Universalism to Individualism: New Approaches to Solving Economic Growth Problems”, Issues of Economy, No. 11, pp. 108-126, 2019 8. Romer P. “Endogenous Technological Change”, Journal of Political Economy, Vol. 98, No. 3 5, pp. 71-102, 1990. [Online]. Available: https://doi.org/10.1086/261725. Accessed on: November 19, 2019 9. Scientific and innovative activity of Ukraine in 2018. Statistical collection. [Online]. Available: http://www.ukrstat.gov.ua/. Accessed on: November 19, 2019 10. M. Skrypnychenko and others. “Factors and Trends of Economic Growth in Ukraine: A Collective Monograph”, State Institution “NASU Institute of Economics and Forecasting», 386 pp., 2018

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11. The fixed assets of Ukraine for 2016. Statistical bulletin. [Online]. Available: http://www.ukrstat.gov.ua/. Accessed on: November 19, 2019 12. O. Zamulin, K. Sonin, “Economic Growth: The 2018 Nobel Prize and the Lessons of Russia”, Issues of Economy, No. 1, pp. 11-36, 2019

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FINANCIAL PROVISION OF SOCIAL PROTECTION OF DISABLED PERSONS IN THE CONTEXT OF THE EUROPEAN ELECTION OF UKRAINE

Yanina Belinska Professor, Doctor of Economics, Head of the International Economics Department University of the State Fiscal Service of Ukraine Kyiv region, Irpin, Ukraine

Nataliia Safonik Senior Lecturer in the Finance Department named after L.L. Tarangul University of the State Fiscal Service of Ukraine Kyiv region, Irpin, Ukraine

JEL classification: H55, I31, ǟ38.

Abstract. Ensuring a high standard of living for persons with disabilities is one of the important issues in creating an effective model of the country's socio-economic policy. Considering the current state of the Ukrainian economy, which is characterized by an increase in the share of persons with disabilities in the general population structure, improving their material well-being and reducing poverty, plays an important role in the development of human potential. The purpose of the article is to analyse the current state of financial support for social protection of persons with disabilities in Ukraine and to identify the main directions for its improvement. To solve these problems, we used general scientific and special methods: analysis and synthesis, generalization, comparative and graphical analysis. The study analysed trends in changes in the budget expenditures on social protection and social security. There were identified the problems that reduce the standard of living of persons with disabilities in Ukraine, the main of which is the lack of budgetary funds to finance this sphere. The high level of social expenditures in Ukraine is not an indication that the social protection system for persons with disabilities is effective in terms of the quality and accessibility of social services and social assistance. The main goal of reforming the system of financial support for the social protection of persons with disabilities should be to increase the level of social standards and guarantees, to increase the level of provision of social services, social-medical, psychological-pedagogical, social-legal services, financial assistance and support for disabled people with special needs, both at the state and regional levels. Key words: persons with disabilities, the social protection, social assistance, financial support for the social protection of persons with disabilities, social programs.

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Introduction A sufficiently important role in ensuring the adequate standard of living of the underprivileged population is played by the establishment of a reliable and effective system of social protection of the population with an adequate strong base of financial resources. The question of the proper level of financial support for the social protection of persons with disabilities in Ukraine is very relevant, especially given the significant growth of this category in the structure of the country's population. Insufficient financial support for persons with disabilities leads to a decrease in their standard of living. Therefore, given Ukraine's focus on European integration and the European model of social protection, reform of the social protection system (including persons with disabilities) and its financial security in order to maximize approximation to pan-European norms and standards in this field should be one of the strategic priorities of development. Analysis of recent researches and publications. The problems of the development of the system of financial support for social protection of the population are reflected in the works of such domestic scientists as N. Boretskaya, I. Gnybidenko, M. Kravchenko, E. Libanova, I. Lunina, M. Malyovani, M. Ruzhensky, V. Skuratovsky, V. Tropina [9] and others.However, the issue of financial support for social protection of persons with disabilities in Ukraine is theoretically justified. Formulating the goals of the article (setting the task). The purpose of the article is to substantiate the directions of reforming the system of financial support for social protection of persons with disabilities in Ukraine. Outline of the main research material. Successful functioning of the social protection system for persons with disabilities requires a balance between the needs for financial resources and disposable income. In Fig. 1 there are shown the main factors, that influence the need for financial resources to provide social protection for persons with disabilities.

Factors that determine the need for financial resources

Demographic Socio-political Financial and economic

low level of socialization and economic increasing the number increasing the number participation of persons and size of social of people with with disabilities transfers in the Social disabilities as and as a result - the security system for recipients of various types expansion of social persons with disabilities of social benefits transfers; significant increase legislative extension in the cost of social of the list of social protection services for benefits persons with disabilities

Fig. 1. Factors determining the need for financial resources to ensure the social protection of persons with disabilities Source: Compiled by the authors.

The financial mechanism for the implementation of social protection of the population involves the formation of sources of financial resources that are directed to the implementation of relevant programs and activities, as well as a reasonable choice of methods, forms and levers of their use.In

European Science 3/2019 27 Economy European Science a market economy, social protection of the population is realized through the financial resources of all economic agents: households, businesses and the state [6, p. 134]. Accordingly, financial support for social protection of persons with disabilities includes financing at the expense of state and local budgets, state social funds, business entities of various forms of ownership and public organizations (Fig. 2).

System of financial support for social protection of persons with disabilities

Different levels budget funds Extra-budgetary sources

State budget funds Extra-budgetary trust funds Funds of business entities Funds of public associations and organizations Local budget funds Household members' own funds (inter-family transfers) and other external sources

Fig. 2. Sources of financial support for the social protection of persons with disabilities. Source: Compiled by the authors.

A prerequisite for successful social protection is to provide timely and complete financial support for all social benefits and programs.The most important source of financial resources for the financial support of social protection in Ukraine, as in most countries of the world, are state centralized funds, which include state and local budgets[9, p. 222]. In the context of raising social standards, increasing numbers of socially vulnerable groups, increasing the number of social programs and the number of persons entitled to receive them, there is a significant increase in social expenditures. Financing of social protection of the population in Ukraine is one of the priority items of public expenditure, as evidenced by the significant share of expenditures under this article in the structure of expenditures of the Consolidated Budget of Ukraine (Fig. 3). 1250,2 1500 1056,8 835,6 1000 523,1 679,9 500 258,4 285,8 309,4 0 138 176,3 2014 2015 2016 2017 2018 General expenditures of the Consolidated Budget of Ukraine

Expenditures on social protection and social security of the population

Fig. 3. Dynamics of changes in expenditures on social protection and social security in the structure of expenditures of the Consolidated Budget of Ukraine for 2014-2018, billion UAH. Source: Compiled by the authors on base [5].

From Fig. 3 we can see that the budget expenditures for social protection and social security in the analysed period tend to increase. A significant increase of this category of expenditures is observed in 2016, which is partly explained by the increase in the share of socially vulnerable categories of citizens, which has increased significantly over the last 3 years and accordingly need protection and material support.

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The largest share in the structure of expenditures from the state budget is social protection expenditures of pensioners theirshare is 92%. Regarding the budget financing of social protection of persons with disabilities, it is included in the category "Social protection of other categories of population", whose share is 4% of the total. According to the ESSPROS methodology, social protection expenditures are aggregated into the following functions: illness / health care, disability, elderly, survivors, family / children, unemployment, housing, social exclusion [4, p. 5-6]. Consider the dynamics of social protection expenditures under the disability function using the data of the National Social Security Accounts (NSSA) in Ukraine (for 2017-2018, estimated data were calculated using MS Excel) (Fig. 4). 10

5 y = 0,0405x2 + 0,0048x + 3,6429 0 R² = 0,7993 2010 2011 2012 2013 2014 2015 2016

Fig. 4. Dynamics of social security expenditure on disability function. Source: Compiled by the authors.

Taking into account the results of the calculated coefficient of determination (R2 = 0,799),the polynomial equation of the 2nd degree of the trend line is chosen for the forecast, where ȝi is the time factor, respectively.According to the calculated equation, expenditures will amount to UAH 6.2 billion in 2017, and UAH 6.9 billion in 2018. Social assistance is one of the financial security instruments for the social protection of persons with disabilities. A number of social benefits are provided to create and improve the living conditions of persons with disabilities in Ukraine: - material (monetary) assistance to cover living expenses, including housing and communal services; - state social assistance in accordance with the Law on state social assistance to low-income families; - state social assistance for persons with disabilities since childhood and for children with disabilities; - state social assistance for persons without pension rights and persons with disabilities. Social policy is one of the most important areas of responsibility of any state. The main task of the state social policy is the harmonization of social relations, the harmonization of interests of the whole society and individual population groups, ensuring sustainable human development and decent living conditions for every citizen. The development of social programs plays an important role in improving this mechanism [3, p. 56]. The National target program "National action plan for the implementation of the Convention on the rights of persons with disabilities" until 2020 aims to ensure the realization of the rights and needs of persons with disabilities on an equal basis with other citizens, improving their living conditions under the Convention on the rights of persons with disabilities [7]. Estimated amounts of budget financing are shown in Table 1. Table 1 Estimated budgetary funding of the National target program for the National action plan for the implementation of the Convention on the rights of persons with disabilities until 2020, billion UAH 2012 2013 2014 2015 2016 2017 2018 2019 2020 0,8 1,1 1,2 1,3 1,5 1,7 2,0 2,4 2,8 Source: Compiled by the authors on base [7].

According to Table 1, we can see that the program envisages financing from the State budget in the amount of 148.8 billion UAH. One of the main ways to overcome the problem of finding and attracting new sources of funding for social programs is [3, p.58]: on the part of the state - more active participation in stimulating and supporting the activities of non-profit organizations; creation of conditions for state-business

European Science 3/2019 29 Economy European Science cooperation by the state; involvement of citizens in the initiation of measures for the implementation of social programs. In general, social protection of the population, in particular, people with disabilities, should be built at three levels, taking into account the economic situation in the country, sources of funding and opportunities for the regions [8, p. 179-180]. The first level - social assistance, which guarantees citizens a living wage and the possibility of psychophysical survival. The second level is social security, which guarantees a normal level of human existence. The third level - the provision of social services that provide employment, participation in public life. Thus, a number of measures should be taken to improve the social protection of persons with disabilities. In particular: ensuring implementation of state social programs aimed at addressing priority social problems; search for new effective non-traditional mechanisms for overcoming social problems of depressed territories; ensuring the enhancement of the role of territorial communities and local self-government bodies, creating effective mechanisms for their participation in the formulation and implementation of social security financial support policies[2, p. 170]. The main steps to increase the level of financial support for persons with disabilities should be [1, p.229]: increasing payments to persons who are officially caring for persons with disabilities; making use of the best practices of European countries in the practice of making disability cash payments; development of mechanisms for attracting extrabudgetary funds for financing social protection of persons with disabilities; revision of the system of social standards and guarantees for persons with disabilities in order to create conditions for their adaptation in society, ensuring free access of persons with disabilities to material and spiritual goods; encouragement of persons with disabilities to self-employment in the field of small business through support, development and preferential lending.

Conclusions Thus, the system of financial support for the social protection of persons with disabilities must ensure an adequate level of material well-being and a certain social status of this category of population, prevent poverty, and create conditions for self-realization, physical and spiritual well- being and economic independence. Formation of new approaches to the issue of financial support for social protection of persons with disabilities requires the revision of state social benefits. As well as decentralization of the social services system, constant monitoring of social expenditures, which will facilitate the process of realization of sustainable development of society by supporting and integrating persons with disabilities by ensuring guaranteed receipt of income access to social services. Directly, the prospects for further research will be to identify the features of state social assistance and ways to improve the social protection system for persons with disabilities in Ukraine.

References 1. Belinska Ya. V. “Features and main directions of social protection of persons with disabilities: foreign experience and possibilities of its application in Ukraine”, Problems of Economy, ȹ 4, pp. 223-230, 2016 2. Martsenyuk O. V. “Social protection of the population of Ukraine”, Theoretical and practical aspects of economy and intellectual property, Edition 2 (3), pp. 166–170, 2015. 3. Maslik R. O. “Financial status of social programs as instruments of social protection of the population of Ukraine”, Technological audit and production reserves, ȹ 5/3, pp.56-59, 2014 4. National Accounts for Social Protection (NASP) in Ukraine in 2016: statistical compilation, State Statistics Service of Ukraine, 94 p., 2018 5. Official site of the State Treasury Service of Ukraine [Online]. Ǩvailable: https://www.treasury.gov.ua/en 6. Oginskaya A.Yu., “Social protection of the population and the financial mechanism of its realization: theoretical and conceptual section”, Economics and State, pp. 131-136, ȹ 4, 2018. 7. On the approval of the National Target Program for the “National Action Plan for the Implementation of the Convention on the Rights of persons with disabilities” until 2020 [Online].

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Ǩvailable: https://zakon.rada.gov.ua/laws/main/706-2012-%D0%BF#n13 8. Prykhodko A. F. “Instruments of social security for low-income persons and families”, Scientific journal of N.P. Dragomanov NPU, pp.177-180, Edition 18, 2014 9. Tropina V. B. “Social protection finance in the context of the European choice of Ukraine”, Eastern Europe: Economics, Business and Management, pp.221-228, Edition 2 (13), 2018

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APPROACHES TO THE STUDY OF TECHNOLOGICAL COMPETITIVENESS OF THE NATIONAL ECONOMY

Dmytro Pokryshka National Institute for Strategic Studies, Kyiv, Ukraine

JEL classiffications: O32, O38, F10

Abstract. The article is devoted to the consideration of theoretical approaches to the study of technological competitiveness of the national economy. The paper analyzes the technological competitiveness of the national economy in terms of: characteristics of actual trade specialization of the economy; the level of innovative potential of the country; national technological capabilities; a comprehensive approach that takes into account a broader range of factors that influence the technological potential of the economy. Outlined approaches provide an understanding of the impact of technological factors on various aspects of the economic development of the country, which create certain conditions and opportunities for the development of national competitive advantages. The author proposes his own approach to the assessment of technological competitiveness of the economy, which is based on the identification of features and tendencies of the process of creation, involvement, dissemination and use of technologies, knowledge, innovations in terms of the integrity and systematic of technological process in the economy. It is based on structural and technological transformations caused by technological upgrading of the production structure and its adaptation to the changing conditions of the local and global environments. Thus this leads to significant shifts in the branch structure of the economy, especially in the direction of increasing the share of innovative industries and high added- value activities. Keywords: technological competitiveness, innovation, export specialization, technological capabilities, competitive advantages

Introduction The intensification of international competitive challenges necessitates the search by countries for new advantages that can enhance their competitiveness. The importance of traditional competitive advantages, especially those based on low labor costs, has already diminished considerably. A significant increase in the competitiveness of the national economy in modern conditions is ensured only by participation in technological competition both in the world and in the domestic markets. As K. Holroyd noted, the support for scientific and technological innovations in the 21st century is what access to natural resources and production capacity were in the 19th and 20th centuries [7, p. 34]. In the long run, it is the potential of new technologies that forms the main source of competitive advantages.

Analysis of recent research and are considered – innovative economic publications. In most cases, the competitiveness [16] or innovative provision manifestations of technological [18], dimensions and components of competitiveness of the national economy are technological modernization of industry [17]. described by researchers in the context of the At the same time, some researchers gradually influence of a technological factor on the find the roots of technological competitiveness dynamics of foreign trade, which counteracts in the internal potential of economic the role of factors of exchange rate or cost development of the country. According to K. competitiveness. Sometimes, some Momaya, technological competitiveness is the components of technological competitiveness ability to develop, transmit, master, produce

32 European Science 3/2019 European Science Economy or commercialize technologies to maintain capital, physical capital, labor and other competitiveness [13]. J. Fagerberg linked it to resources). This approach considers that if a its innovative potential and ability to mimic country competes successfully in high-tech the technological achievements of other industries and its companies are present in countries [5]. M. Kassidi, D. O'Brien under the markets where quality and know-how are technological competitiveness understand the more important factors of competition than innovative and adaptive potential of the the use of low prices, this is evidence of its economy [3, p. 17]. D. Chervanyov and O. technological competitiveness [19]. Zhilinskaya define the scientific and technical Thus, comparing the dynamics and scale of competitiveness of a country, which they trade in high-tech goods and services, we can consider as a country's ability to generate and conclude that countries have a relative ability maintain competitive advantages in the field to enhance their competitive advantages by of generation, dissemination and application increasing output in industries characterized of new knowledge through the effective use, by high levels of use of knowledge and skilled enhancement and modernization of its labor. Thus, a number of theoretical models scientific and technological potential in the suggest that countries that specialize in context of globalization [4, p. 21]. technologically progressive ("high-tech") Statement of purpose of the article. The activities will achieve high rates of productivity purpose of the article is to identify the main growth than other countries. Countries that approaches to the study of technological specialize in "low-tech" activity, on the other competitiveness of the economy. Achieving hand, will have relatively slow productivity this goal requires several tasks: to distinguish growth [6, p. 394]. A country's ability to approaches to the study of technological succeed in high-tech or technology-intensive competitiveness of the economy; determine industries can be seen as an indicator of its their meaningful features. competitiveness in high-growth industries. At Research results. In many studies on the the same time, export opportunities for high- issues of competitiveness of the national tech products were evaluated on the basis of economy, the technological factor is taken into factors that lead to adaptation and technology account in the way of using individual creation. Separate studies have determined indicators that influence changes in the the dependence of export performance on a characteristics of its innovation or broader range of factors, including the spread technological development determine the of technological innovation in different position of the country in the world market of sectors, the type of technological goods and services. specialization (reflected by indicators of the Given the traditional analysis of the technological structure of patenting, competitiveness of the economy in terms of production with high or low technological the dynamics of its foreign trade indicators, capabilities), and the ability to adapt to many researchers have argued that improve technologies and create innovative technology plays an important role in shaping sectors of the economy [14, p. 532]. the trade pattern of countries, and therefore A number of authors link the technological the technological characteristics of foreign competitiveness of the national economy to trade specialization of the country reflect the the level of innovative potential of the level of economic competitiveness [8]. One of country. In practice, various indirect indicators the first approaches used by researchers to are usually used to determine the costs or determine the technological competitiveness results of an innovation process. The most of the economy were to analyze the common cost indicators relate to R&D characteristics of the actual trade resources, such as R&D expenditures or specialization of country – in terms of exports human capital intensity (R&D staff). They to international markets of goods of different reflect the factor component of technological technological complexity. For these purposes, competitiveness. At the same time, indicators various classifications of goods exported by of patent applications or the number of countries are used to distinguish between patents received, the technological intensity of high- and low-tech branches of industry or an industry or economy in many empirical groups of goods to assess the level of studies are used as indirect indicators of technological complexity of goods according to technological development or industrial the main factors of production used (human

European Science 3/2019 33 Economy European Science innovation performance, a criterion for the effective use, national technological capabilities country's innovation potential. will not be developed properly. This is because The analysis of the technological technology has a significant implicit component, competitiveness of the national economy "in that is, contains knowledge that is not fully or terms of technological capabilities" [10] shows partially formalized, and therefore less mobile that competitive differences between countries and more difficult to transmit and reproduce in arise from divergences in their technological other places than embodied, codified and formal capabilities, that is, abilities to master, adapt, technical components. Mastering such an effectively use and create technologies for implicit component of technology requires a long efficiency and productivity enhancement. At period of learning by the recipient. This learning the same time, the owning of advanced may be partly an automatic result of production technologies does not guarantee the experience, but in most activities it also requires competitiveness of the economy. Access to targeted investments by companies in new cutting-edge technologies is a prerequisite, skills, procedures, technical and organizational but the upgrading of technological equipment information, as well as the development of must be accompanied by the development of organizational capacity to create, transfer and knowledge and skills that will facilitate the disseminate knowledge. S. Lall noted that the effective development of technologies, their impact of technological opportunities on the adaptation, improvement and ultimately the national economy competitiveness depends on creation of new technologies in the country. the incentives provided to economic agents or is There are differences in how researchers a result of the state policy implemented or define the notion of technological capabilities. incentives that are formed by the institutional M. Caniels and H. Romine view them as characteristics of the economic system. The key "skills, knowledge and organisation needed to in this model is the concept of "externalities", absorb, reproduce, adapt and improve new which defines the possibility of spreading new technologies" [2, p. 130]. K. Petrobelli defined knowledge in other activities [12, p. 340]. them as "the complex set of human skills and S. Lall explained the significant differences organizational structures required to utilise a between countries in technology efficiency and given technology efficiently and improve it competitive advantages, respectively, with over time" [15, p. 121]. At the same time, the differences in "national learning systems" researcher argued that the technological (scilicet systems of measures and incentives capabilities of the economy imply not only the that determine the ability of national achievement of production efficiency, but also companies to deepen knowledge, accumulate the ability to adapt to the technological technological experience and learn process, changing conditions in the markets of technology) and indicators of attraction of goods and factors of production. M. Bell and technologies to the economy [10, p. 7]. K. Pevitt expanded the notion of technological According to S. Lall, government learning capabilities to include the resources they need policy is becoming the main determinant of to manage the process of creating technical the country's competitive advantages. change, noting that such resources are Overcoming the lagging behind in the level of accumulated and embodied in the competitiveness of the economy implies the qualifications, knowledge and experience of ability of the country to create conditions for people and organizational systems [1]. That ensuring the process of economic growth on is, the concept of "technological capabilities of the basis of a continuous process of the economy" encompasses factors related to "learning", which in turn is supported, on the knowledge and skills, organizational structures one hand, by stable investment in human and external relationships necessary to obtain, capital, and on the other - by actively use, adapt and create technologies. directing efforts towards technology S. Lall stressed that the process of using new development and innovation. At the same technologies is not automatic or straightforward. time, in addition to ensuring the efficient use Technology transfer cannot lead to effective of technology, it is important to build the activity unless the necessary experience, skills capacity to create new technological solutions. and technical and managerial know-how are The high-tech competitiveness indicators created [11, p. 170]. If investment is not were developed by researchers at the Georgia accompanied by skills development or the Institute of Technology's Technology Policy development of technologies necessary for their and Assessment Center. They identified four

34 European Science 3/2019 European Science Economy groups of high-tech competitiveness indicators potential of the economy. At the same time, it [9]: 1) the national orientation – reflects a allows us to draw some conclusions about the country's commitment to technology-based technological capabilities of countries for the development and the introduction of production and export of high-tech products technological competitiveness measures; the scilicet it takes into account only a separate assessment is carried out in the following component of the technological areas: the presence of a favorable state policy competitiveness of the economy associated for the development of high technologies, with the positioning of the country in certain social factors that contribute to technological segments of the global market for complex change, the acceptance of the idea that technological products. development should be based on technology, Outlined approaches provide an the presence of entrepreneurial spirit; 2) understanding of the impact of technological socio-economic infrastructure – assesses the factors on various aspects of the economic basic material, financial, organizational and development of the country, which create human resources needed to support the certain conditions and opportunities for the technology-based development of modern development of national competitive economies; takes into account the advantages. At the same time, in our opinion, effectiveness of the country's education the study of technological competitiveness system (proportion of the population receiving should be based on the identification of secondary and tertiary education), estimates features and tendencies of the process of of capital mobility and stimulation of foreign creation, attraction, dissemination and use of investment; 3) technological infrastructure – technologies, knowledge, innovations, in evaluates the social and economic institutions terms of the integrity and systematic process and resources that contribute to a country's of the technological process in the economy. ability to develop, produce and market new Thus, the technological competitiveness of an technologies; it is evaluated on the number of economy can be defined as the set of scientists involved in R&D, the cost of conditions, factors and opportunities inherent acquiring electronic data processing in a national economy that determine its equipment, survey data on the country's ability to generate the potential of dynamic contribution to the international fund of and continuous restructuring through the scientific and technical knowledge, its ability creation, development, implementation and to train qualified scientific and engineering diffusion of innovations, new knowledge and personnel, to effectively use technical technologies. This implies understanding: knowledge and implement R&D output in first, the sources and conditions of the manufacturing; 4) production potential – formation of the internal potential of the defines the material and human resources economic system to create technologies and aimed at the production of products and the stimulate innovation; secondly, the efficiency with which these resources are mechanisms of interaction of the national used; it combines an indicator of electronics economy with the global environment in order production volumes and survey results on the to attract the necessary technological quantity and quality of workforce in industry, developments and new knowledge necessary availability of local component suppliers for for competitive development; third, systems high-tech products, manufacturing and of factors and conditions that contribute to the management capabilities to develop, produce diffusion of technologies and innovations in and sell high-tech products. In this model, the various industries and sectors of the economy technological situation is the output indicator in order to ensure their technological that reflects the country's overall modernization and improvement of production achievements in the export of high-tech processes; fourth, the factors that determine products and is calculated on the basis of the ability to effectively learn and use export volumes of high-tech goods and technology and apply innovative electronics and an assessment of the country's developments in the economic activity of ability to produce high-tech products. companies; fifthly, the conditions of formation The advantage of this approach is to and change of demand of different sectors of consider a much wider range of factors that economy for new technologies and influence the formation of the technological innovations.

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Conclusions Differences in competitiveness between countries result from their ability to create, master, adapt and effectively use technology. The ability to enhance the technological competitiveness of the national economy is ensured by the depth of structural and technological transformations caused by technological upgrading of the production structure and its adaptation to the changing conditions of the internal and global environment. This leads to shifts in the structure of the economy, above all – in the direction of increasing the share of innovative industries and high value-added economic activities. Technological and innovative factors make it possible to lay the foundations for enhancing the long-term competitiveness of the economy based on the creation of technological competitive advantages, conditions for the formation, accumulation and efficient use of knowledge, technological, investment resources and more. In such circumstances, an economy that is capable of not only succeeding in the world market but also adapting the internal parameters of economic development is competitive. The scientific novelty of the research results is the systematization of approaches to the study of technological competitiveness of the economy and determination of their substantive features. It will allow us to elaborate theoretical bases for definition of the holistic and systematic concept of technological competitiveness of economy. Further studies of the technological competitiveness of the economy should be aimed at determining the content of mechanisms for providing its individual constituent elements and determining the indicators for its evaluation.

References 1. M. Bell, and K. Pavitt, «The Development of Technological Capabilities», in I. ul Haque et al. Trade, Technology, and International Competitiveness. Washington, DC: World Bank, pp. 69- 101, 1995. 2. M. Caniels, and H. Romijn, «Agglomeration advantages and capability building in industrial clusters: The missing link», The Journal of Development Studies, Vol. 39, Issue 3, pp. 129-154, 2003. 3. M. Cassidy, and D. O’Brien, «Ireland’s Competitiveness Performance» in Quarterly Bulletin No 2 2007. Dublin, Central Bank of Ireland, pp. 93-127, 2007. 4. D. M. Chervanyov, and O. I. Zhilinska, «Scientific and technical competitiveness of the country: approaches to definition», Science and Science of Science, No 1, pp. 15-27, 2006. (in Ukrainian) 5. J. Fagerberg, «International Competitiveness», The Economic Journal, Vol. 98, Issue 391, pp. 355-374, 1988. 6. J. Fagerberg, «Technological progress, structural change and productivity growth: a comparative study», Structural Change and Economic Dynamics, Vol. 11, Issue 4, pp. 393-411, 2000. 7. C. Holroyd, Science and Technology Policies, National Competitiveness, and the Innovation Divide. Working Paper No 32. Waterloo, Canada, The Centre for International Governance Innovation, 2007. 8. J. Howells, and J. Michie, «Technological Competitiveness in an International Arena», International Journal of the Economics of Business, Vol. 5, No 3, pp. 279-293, 1998. 9. D. M. Johnson, A. L. Porter, D. Roessner, N. C. Newman, and X.-Y. Jin, «High Tech Indicators: Assessing the Competitiveness of Selected European Countries», Technology Analysis and Strategic Management, Vol. 22, Issue 3, pp. 277-296, 2010. 10. S. Lall, Investment and technology policies for competitiveness: Review of successful country experiences. New York, UNCTAD, 2003. 11. S. Lall, «Technological Capabilities and Industrialization», World Development, Vol. 20, Issue 2, pp. 165-186, 1992. 12. S. Lall, «The Technological Structure and Performance of Developing Country Manufactured Exports, 1985-1998», Oxford Development Studies, Vol. 28, Issue 3, pp. 337-369, 2000. 13. K. Momaya, International Competitiveness: Evaluation and Enhancement. New Delhi, Hindustan Publishing, 2001. 14. F. Montobbio, and F. Rampa, «The Impact of Technology and Structural Change on Export Performance in Nine Developing Countries», World Development, Vol. 33, Issue 4, pp. 527-547, 2005.

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15. C. Pietrobelli, «National Technological Capabilities: an International Comparison», Development Policy Review, Vol. 12, Issue 2, pp. 15-148, 1994. 16. A. M. Poruchnyk, and L. L. Antonyuk, «Innovative competitiveness of countries in the conditions of technoglobalism» in Management of international competitiveness in the conditions of globalization of economic development, edited by D. G. Lukyanenko, and A. M. Poruchnyk. Dzyiv, KNEU, pp. 690-714, 2006. (in Ukrainian) 17. Technological modernization of the Ukrainian industry, edited by L. I. Fedulova. Dzyiv, 2008. (in Ukrainian) 18. Z. S. Varnaliy, and A. P. Harmashova, Competitiveness of the national economy: problems and priorities of innovation support. Dzyiv: Znannya Ukrayiny, 2013. (in Ukrainian) 19. Y. Wolfmayr-Schnitzer, «Trade performance of CEECS according to technology classes», in The competitiveness of transition economies. Paris, OECD Publishing, pp. 41-69, 1998.

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Features the trading enterprises personnel motivation in external crisis conditions

Liubomyr Roman lecturer, Lviv University of Business and Law Lviv, Ukraine

JEL Classification: M12 Personnel Management

Abstract. The article examines the actual problem of reintegration of labor migrants. The issue of labor migration is now one of the central ways of developing sustainable development in the countries of origin of labor migrants, in particular, Ukraine. The article describes the basics of Ukraine's implementation of the Sustainable Development Goals in terms of migration policy. The strategic task is defined, which determines the purpose and expediency of reintegration of labor migrants. The differences between the processes of repatriation and reintegration of labor migrants are emphasized. The factors of effectiveness of the reintegration of labor migrants, identified on the basis of the analysis of the Ordinance of the Cabinet of Ministers of Ukraine «On approving a plan of measures for ensuring reintegration into the society of migrant workers and their families” are analyzed. According to the results of the conducted research it is established that according to the established policy of reintegration of labor migrants such groups of factors of efficiency, such as educational, labor, social event, information and complex are distinguished. The recovery of the Ukrainian economy and its development on the basis of achieving the goals of sustainable development depends on the improvement of the state migration policy, in particular, the development of new methods and mechanisms for the reintegration of migrant workers returning to Ukraine. This requires consistent implementation of the practice of recognizing the qualifications of repatriates, ensuring their smooth inclusion in employment relations, in particular by developing a method of state confirmation of the level of key competences. A further important area is the dissemination of information on social protection mechanisms for migrant workers and their families. Keywords: labor migration, emigration, repatriation, reintegration of migrant workers, sustainable development

Introduction In our opinion, the issue of labor migration is now one of the central ways of developing sustainable development in Ukraine. By conventional definition, sustainable development contributes to meeting the needs of the present generation without threatening future generations [1, p. 5]. It is obvious that inefficient migration policy does not make it possible to achieve sustainable development, because if labor migrants do not return, future generations will be lost to Ukraine, that is, satisfying the current needs in other countries, migrants will contribute to the sustainable development of the respective territories. Unless there is a reintegration of migrant workers who have returned to their homeland, their standard of living and the standard of living of subsequent generations will deteriorate, which also does not fit the description of sustainable development. As stated in the publication Sustainable Development Goals and Migration in Ukraine, Sustainable Development Goals (SDGs) identify migration as a key issue that is important in many areas and has a significant impact on sustainable development. Mobile populations, regardless of whether they are internal, transboundary or displaced, are the main target audience for the MDGs”[2]. The issues of factors of remigration and reintegration of migrant workers have been limited in the existing scientific works. Therefore, the purpose of the study is to characterize the system of factors of efficiency of reintegration of labor migrants

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Results Ukraine will mean drawing another factor Developing an effective system of of labor migration - the formation of reintegration of returning migrants is a key to personal savings for old age. achieving Ukraine's Sustainable Development Thus, within the framework of sustainable Goals. development theory, a strategic goal is set Migration is most widely addressed within that determines the purpose and feasibility of the 10th Sustainable Development Goal reintegrating migrant workers: even if the ”Reducing inequalities within and between economic, social and cultural needs of persons countries”. Global Objective 10.7, related to inclined to emigrate are not fully met, it is this objective, is designed to ”Promote necessary to ensure their return and creation orderly, secure, legal and responsible while there are enough favorable conditions migration and mobility of people, including for their reintegration and improvement of through a well-planned and well-designed quality of life compared to the country of migration policy”. The completion of 5 national emigration, as well as creation of prospects objectives, which are set under Objective 10, for better development of human potential of although not directly related to migration their descendants. issues, can contribute to the suppression of Determining the factors for the individual incentives for labor migration [3]: effectiveness of the reintegration of migrant 1. ”To provide accelerated growth of incomes workers is based on defining a clear approach of the least affluent 40% of the population” to interpreting the relevant concept. - as it is known, it is the material factor I.Marchenko, I.Pelishenko, O.Pelishenko that is decisive in deciding persons on emphasize: «There is no uniformity of the labor migration; In addition, it should be terms used in migration studies. As a result, noted that 40% are mainly elderly and different phenomena are assigned the same young people whose basic income consists concepts and thus different (for example, a of social benefits (pensions, scholarships) migrant country is referred to as «immigration and assistance for children or parents, who country», «outflow country», «country of are accordingly forced to go to work in departure», «donor country»), Which leads to order to secure a decent living standards terminological confusion and makes the for yourself and loved ones. research thesaurus of virtually every scientist 2. «Preventing discrimination in society» unique» [4, P. 111]. It is natural that means not only the achievement of social derivatives, to some extent, minor concepts, justice and equality, but also the creation such as repatriation and re-emigration, of conditions for the reintegration of readaptation, reintegration of migrant migrant workers who form a specific social workers, are also under-researched and their group that may be discriminated against in content remains ambiguous. society. We believe that the repatriation of migrant 3. «Make social services accessible” - fulfilling workers is a separate process that arises as a the task will increase the quality of life of result of a conscious decision to return to the the population and reduce the gap between country of origin regardless of previous Ukraine and the recipient countries of labor antiquity, duration or conditions of labor migrants, which will facilitate their return, migration, and is accompanied by significant as well as create preconditions for better difficulties associated with return assimilation, reintegration of migrants through social in particular, finding a place to work, living, services. establishing social and cultural ties, preserving 4. «Implement a policy of remuneration on and multiplying the money earned in the the basis of equality and justice” - creation country of migration, achieving the same or a of conditions for implementation of the higher standard of living than in the country of experience gained by migrant workers, migration, and completing this process is to which will be reflected in the appropriate reintegrate the migrant worker into the socio- level of remuneration, will be the key to political, economic and cultural system of the their faster reintegration upon their return country of origin. Therefore, the reintegration to Ukraine. of migrant workers is the restoration and 5. To implement pension insurance reform on accelerated development of the relationship the principles of fairness and transparency between the individual and the society, - solving the problem of low pensions in economic and cultural systems, the

European Science 3/2019 39 Economy European Science restoration of the impact of the individual on factor, the task is to «provide educational socio-economic, socio-cultural and political institutions abroad, where Ukrainian is processes and phenomena, strengthening taught or Ukrainian is taught, with participation in the processes of sustainable appropriate textbooks if necessary». development on the basis of introducing 2. Improvement of legal acts on confirmation elements of economic culture. countries of of the results of informal training of pre-migration. migrant workers who have returned to The issue of reintegration of migrant Ukraine. Due to the integration of Ukraine workers in domestic scientific works has been into the European education system, as rather limited. However, a rather well- well as the existence of agreements on the structured approach to determining the main mutual recognition of higher education directions of work of state authorities in this documents, the confirmation of the area, which allows to form an idea of the educational attainment obtained in the system of main factors for improving the country of emigration does not present efficiency of reintegration of labor migrants, is particular difficulties for migrant workers observed in the Ordinance of the Cabinet of who make repatriation decisions. At the Ministers of Ukraine «On approving a plan of same time, education legislation still measures for ensuring reintegration into the contains a number of gaps regarding non- society of migrant workers and their families” formal learning and its recognition. After (hereinafter - the Plan) [5]. all, being able to obtain a valid education The main activities of the Plan include two and qualification level is a significant factor sections that divide measures into the in deciding on repatriation and a factor in promotion and support of public authorities of the effectiveness of reintegrating migrant certain steps related to the reintegration of workers with the prevention of future migrant workers. Among the measures emigration. outlined, it is also possible to distinguish a number of subgroups relating to particular II. Group of measures concerning labor areas of reintegration of labor migrants. Let adaptation and reintegration into labor us consider these subgroups in more detail by relations. identifying the factors of reintegration 1. Promoting the employment of migrant efficiency. workers and their families upon their return to Ukraine, taking into account their I. Educational group of events. It includes level of education, professional experience, measures for the educational integration of qualifications and labor market needs. This migrant workers and their families, as well as task should be recognized as essential for ensuring the growth of the educational the effective reintegration of labor potential of the state. migrants and, at the same time, impossible 1. Involvement of children of migrant workers for the implementation at this stage of the in the educational process by providing development of legal acts regulating labor them with additional classes (primarily migration and reintegration issues. The Ukrainian language, Ukrainian literature ineffectiveness of institutional support for and history). It should be noted that this the employment of returnees is one of the task, assigned to the Ministry of Education problematic issues that complicates and Science of Ukraine, was made at the Ukraine's labor mobility as a country with beginning of the Plan. Therefore, we can outdated approaches to regulating relevant assume that within the existing policy of aspects of the labor market. On this issue, reintegration of labor migrants, the central the state is forced to rely solely on the role is given to the ability of executive rationality of private employers willing to authorities to ensure not only the accept repatriates without legal (in repatriation of long-term migrant workers, Ukraine) documentary evidence of work but the repatriation of families, primarily experience. A factor in the effectiveness of children, to help create norms. for their reintegration of migrant workers in this integration into society, which is an area should be the development of a important factor in deciding on further unified approach to state recognition of the emigration or continued residence in the competencies of returnees acquired during country of origin. In support of the same work experience in the country of

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emigration, which will become a certain influence as one of the most important factors guarantee for employers and create for the reintegration of Ukrainian labor preconditions for facilitating reintegration migrants, which plays a decisive role in in Ukraine. An important step based on shaping the decision on further emigration or recognizing the priority of the employment final repatriation. An important role of this factor may be the development of factor is manifested in the fact that, without adaptation programs for repatriates, during sufficient information, repatriates are more which the latter should be informed about likely to seek further emigration, since they changes and current state of labor will not be informed about the available legislation, to report possible illegal, mechanisms for facilitating their reintegration fraudulent employment schemes, etc. into the educational, labor, and social spheres of the state. III. A group of social protection measures for 1. Inform timely migrant workers who intend migrant workers and their families, as well as to return or return to Ukraine, in particular the protection of immigrants' rights in through the use of online resources, on countries of exile. As a result, the activities of employment, business, social protection this group are aimed at realizing such a factor and health. of reintegration efficiency as improving the 2. Conducting outreach work to inform quality of life of the returnees. Their migrant workers and their families about importance is confirmed by the fact that in the the use of international payment systems main countries of emigration, the standard of to transfer funds to Ukraine. living and the level of social protection are 3. Exploring the possibilities of creating a generally higher than in Ukraine. Thus, in system for collecting and processing order to formulate information support for the statistical information on migrant workers decision on repatriation and to achieve the and their families and monitoring the efficiency of reintegration processes, it is status of external labor migration. advisable to develop and implement effective information and communication mechanisms V. Complex tasks. for working with repatriates related to the 1. Creating favorable conditions for the return social sphere. The very informational nature of to Ukraine of scientists and culture such measures is conditioned on the workers, qualified specialists and workers inadmissibility of «positive discrimination”, ie whose need is tangible for the national the provision of social services to the economy, their integration into Ukrainian returnees in an additional volume or higher society. quality compared to the population not in emigration. This group of tasks requires clear steps to 1. Provision of medical aid to migrant workers be taken in the context of a comprehensive and their families who have returned to strategy of repatriation and reintegration of Ukraine at state and municipal health care migrant workers based on identified factors. institutions At the same time, this task can be fulfilled 2. Strengthening the social and legal only at the final stage as a result of the protection of Ukrainian citizens working implementation of investment programs, abroad, in particular by intensifying increase of the level of remuneration and international cooperation, concluding increase of the number of jobs requiring the international treaties concerning the recruitment of highly qualified personnel. Only protection of the rights of migrant workers in such circumstances can effective 3. Provide psychological support to migrant reintegration of highly qualified migrant workers and their families who have been workers be carried out. victims of labor or other exploitation. Additionally, the National Migration Policy 4. Accounting for appeals of citizens of Strategy of Ukraine for the period up to 2025 Ukraine who are abroad to violate their declares a transition from a response policy in rights, in particular labor. response to internal and external factors in the sphere of migration to a more active and IV. Information events. In the aggregate, they targeted policy [6]. are focused on the use of information

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Conclusions According to the results of the research, we conclude that according to the established policy of reintegration of labor migrants such groups of efficiency factors as educational, labor, social event, information and complex are distinguished. The recovery of the Ukrainian economy and its development on the basis of achieving the goals of sustainable development depends on the improvement of the state migration policy, in particular, the development of new methods and mechanisms for the reintegration of migrant workers returning to Ukraine. This requires consistent implementation of the practice of recognizing the qualifications of repatriates, ensuring their smooth inclusion in employment relations, in particular by developing a method of state confirmation of the level of key competences. A further important area is the dissemination of information on social protection mechanisms for migrant workers and their families. A promising area of further research is to substantiate the mechanism of reintegration of labor migrants.

References 1. Sadova U., Knyazev S., Andrusyshyn N. Territorial migration system of Ukraine as a factor of development of economy, state and society. Socio-economic problems of the modern period of Ukraine. 2013. Vol. 3. P. 3–12. 2. Sustainable Development Goals and Migration in Ukraine. URL: http://iom.org.ua/sites/default/files/sdgs-ukrainian-context_ukr.pdf (last accessed 14.08.2019). 3. Goal 10. Reduce inequality within and between countries. URL: http://sdg.org.ua/en/pro- hlobalni-tsili/reduced-ineqalities#%D0%B3%D0%BB%D0%BE%D0%B1%D0%B0%D0%BB%D1 % 8C% D0% BD% D1% 96-% D0% B7% D0% B0% D0% B2% D0% B4% D0% B0% D0% BD% D0% BD% D1% 8F (last accessed 17.08.2019). 4. Marchenko I., Pelishenko I., Pelishenko O. The concept of «population migration» in the context of modern sociological approaches. Modern society. 2012. Iss. 1. P. 110–119. 5. On approval of the plan of measures to ensure the reintegration into the society of migrant workers and their families: Order of the Cabinet of Ministers of Ukraine of April 12, 2017 No. 257-p. URL: https://www.kmu.gov.ua/en/npas/249919575 (accessed 15/01/2019). 6. On Approval of the Strategy for State Migration Policy of Ukraine for the Period up to 2025: Order of the Cabinet of Ministers of Ukraine of July 12, 2017 No. 482-p. URL: https://zakon.rada.gov.ua/laws/show/482-2017-%D1%80 (accessed: 09/06/2019).

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MODERNIZATION ISSUES OF STATE FINANCIAL POLICY UNDER GLOBALIZATION

Vitalii Romanchukevych PhD in Economics, Associate Professor, Doctoral Candidate Department of Finance SHEI «University of Banking», Kyiv, Ukraine

Abstract. The article deals with the problems of scientific research of state financial policy modernization under the globalization conditions in the context of the definition of the basic principles of the identified scientific cognition. The author highlights the main issues and problems for the development and implementation of the state financial policy, and the principles of scientific knowledge are represented for the given field against this background. As such, the author reveals his own logic for conducting a scientific research on the modernization of state financial policy under the conditions of globalization particularly in accordance with the principle of logical and historical unity on the grounds of the interpretation of scientific cognition guidelines. Keywords: scientific research, principles of scientific research, state financial policy, modernization of state financial policy, globalization.

Introduction Target setting. The research of the modernization of the public financial policy of sustainable development in the context of globalization contains many contradictions, one of which is characterized by certain problems that make it impossible or completely complicate such researches. Accordingly, the research must not only meet certain criteria, such as complexities and systemic, but also be conducted in accordance with a clear methodology that will reduce their impact.

A clear methodology is the basis for a issues of the public financial policy must comply consistent research of public financial with the challenges of our time, such as, be built sustainability policies in the context of in accordance with the existing problems of globalization and its modernization. Therefore, financial policy making, based on the clear scientists who explores the problems of public principles, contain a reasonably unbiased and financial policy formation and implementation, diverse information base, outline the basic necessarily justify the methodological basis of principles that will be used in the context of a their research, including the principles of particular research. scientific knowledge. The research objective is to represent the Actual scientific researches and issues author's vision of the primary principles analysis. In the scientific sense, the academic conducting scientific research on the writings of such researchers as D. Vankovych, modernization of public financial policy under A. Galchynskyi, P. Yukhymenko, G. Kleyner, globalization on the grounds of a thorough V. Rach, O. Rososhanskyi, T. Sitash, F.Chmy- scientific analysis. lenko, V. Petryshevska, R. Thaler, et al. are of The statement of basic materials. To the greatest importance among the works that each specific period of time for which the highlight the methodological foundations of the public financial policy is scientifically research of the issues of the public financial substantiated, certain problems, on which the policy. The researches of the mentioned methodology of the specified research scientists create a kind of a bridgehead for the depends, so we will start with the study of the research of the issues of the public financial problems inherent in the development of the policy, but in our opinion, they are not sufficient, public financial policy at the present stage. since the methodology of the research of the

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In our opinion, D. Vankovych investigated processes, states that it should be carried out in the problems of forming the public financial accordance with clearly defined goals and policy at the current stage the most principles [6]. The author distinguishes all the thoroughly and comprehensively [4, p.213]. goals of financial policy in 3 consecutive levels, Among other difficulties in the development which serve one of the main goals - to achieve and implementation of public financial policies, stable state socio-economic development. We he highlights such issues as: agree with such a structuring of the goals of the - depressive processes in the Ukrainian public financial policy as it enables to achieve economy that have taken an extreme form; the main goal by the clear consistent - labor force degradation; implementing of the goals of each of the levels. - rising inflation, which causes the exchange Thus, the implementing of the objectives of the purchases process; III level lead to the implementing of the - inadequate coordination of actions of the objectives of the II level, the objectives of the II NBU and the government; level - the achievement of the objectives of the I - lack of comprehensive fiscal decision-making; level. The implementing of all the goals of the - formation and implementation of fiscal first level ensure the stability of the state socio- policy within the context of situational economic development. adjustment of individual parameters and As for the principles of financial policy mechanisms of GDP redistribution; making, the aforementioned scholar - political instability. distinguishes the following: scientific approach; We agree with the scientist's opinion that prediction of possible consequences; taking into these problems create peculiarities that account the experience gained; clear definition influence the pursuit of budgetary, tax and of macroeconomic indicators; taking into financial policy formation of the real sector of account national and geographical features; the economy, namely in the areas of budgetary integrated approach; multivariate; taking into policy: (small (by volume) amounts of account the internal situation and international budgetary funds and their chronic deficit positions of the state [6, p. 137]. irrational cost structure and inefficient usage of Another scholar, such as Sitash T., budgetary resources; excessive centralization of identifies three principles of financial policy, financial resources); tax policy (high tax burden namely [8, p. 31]: (based on GDP value per capita), low tax - promoting the development of production, collection due to tax evasion and concealment maintaining entrepreneurial activity and by taxpayers of real income; systematic increasing the level of employment; violations of the financial interests of taxpayers - mobilization and usage of financial and tax administrations for the public benefits); resources to ensure social guarantees; real sector finances (low level of security of - the focus on the introduction of such a economic entities with own working capital, financial mechanism that leads to the rational hypertrophied accounts payable, lack of real use of natural resources, the prohibition of government leverage on the management of technologies that threaten human health. accounts payable) [4, p. 230-231]. There is also an approach that In turn, Radionov Yu. [7, p. 26] identifies distinguishes public financial policy principles; two of the most important problems of public distribution of functions between financial policy, namely: inefficient usage of representative and executive authorities; budgetary funds and low efficiency of the financing of state security; priority of public budgetary mechanism, which has a negative expenditures; unity of public financial policy impact on the public economic policy. and state monetary system; interbranch Taking into account the problems outlined character; independence; planability. above and the peculiarities of the formation We believe that all these approaches have a and implementation of the public financial rational link, and given the importance of the policy, we believe that its development should public financial policy and its influences on the be carried out in accordance with clear course of virtually all processes in the state. In principles, otherwise these problems will Figure 1 we will present the principles of its reduce its effectiveness. construction and implementation and consider Petrushevska V., exploring the possibilities of them in more detail. adapting financial policy to the conditions of Figure 1 graphically presents all the principles European integration and globalization of construction and implementation of thepublic

44 European Science 3/2019 European Science Economy financial policy, which are divided into 2 logical independence; multivariate; public nature; groups: basic principles, as well as special cross-sectoral character; forecasting and principles that take into account the peculiarities planning. In our opinion, a group of specific of financial policy in a particular country. principles should integrate such principles as: So the group of basic principles includes such as: scientific approach; comprehensiveness; scientific approach

complexities

independence

Basic multivariate

public nature

cross-sectoral nature

planning, forecasting

consideration of the experience relying on macroeconomic indicators

respecting of the peculiarities of a Principles of research Principles of particular state stimulation of development of production, increase of the Specific employment focus on providing social guarantees

promotion of environmental management

public security financing

distribution of functions between different branches of power

Figure 1. Principle of the public financial policy research* * compiled by the author on the basis of [5, p. 6-7]

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Consideration of the experience; relying on macroeconomic indicators; respecting of the peculiarities of a particular state; stimulation of development of production, promotion of employment of the population; focus on providing social guarantees; promotion of the environmental management; financing of state security; distribution of functions between different branches of power. Consider the above principles in more detail. Scientific approach. The public financial policy should contain a scientific basis, clearly justified in accordance with the state socio-economic development, stage of the economic cycle. Complexities. Reconciling the goals and objectives of all elements of public financial policy. Independence. Financial policy-making should be based on the above provisions, but at the same time it should be an objective process that minimizes the impact of the stakeholders. Multivariate. Financial policy is developed taking into account different options for the development of the state economy based on medium and long-term planning and forecasting (in this context, the analytical component of these processes is important). Public nature. Provides transparency and openness of formation and implementation of the financial policy of the state at all stages. Cross-sectoral nature. The developed financial policy influences the course of all processes in the state practically, which requires it to be cross-sectoral. Predicting and considering different options for possible consequences. State policy making based on alternative options, based on appropriate calculations, which in turn make it possible to assess the financial consequences of the implementation of each option. Consideration of experience. Consideration of both the positive results and the negative effects of the implementation of financial policies in the previous period, which may have an impact on the implementation of financial policies in the current and future periods. Relying on macroeconomic indicators. The evaluation of financial policy performance should be based on the macroeconomic indicators, which implies a result-oriented financial policy. Respecting of the peculiarities of a particular state. The social, demographic, geographical features of each state have a significant impact on the definition of the goals of the public financial policy and its priorities. Stimulation of the production development, promotion of the population employment. The public financial policy should be designed to promote the development of entrepreneurship and employment of the population. Focusing on providing social guarantees. First and foremost the public financial policy should be aimed at the ensuring a certain level of social guarantees, regardless of the state and stage of economic development. Promotion of environmental management. The basis of public financial policy is the correlation of economic efficiency indicators with the result to be achieved. Thus, given the priorities of the global economy, as well as the globalization processes, financial policy should stimulate the rational and healthy usage of all economic entities in the future as well as in the current period. Public security financing. The public policy provides funding for both the internal security of citizens and the position of the state itself and internationally. Function distribution between different branches of power. It is important to clearly delineate the powers and functions of the various branches of government in order to prevent their duplication, as well as to establish responsibility for decisions made in the course of the public financial policy implementation. We think that adherence to the above principles will make it possible to build a truly qualitative public financial policy. Therefore, it is important to pay considerable attention to the observance of these principles in the public financial policy research, as well as to the observance of the basic principles (rules) of scientific research [5, p. 6-7]: - the principle of objectivity; - the principle of substantive analysis; - the principle of logical and historical unity; - the principle of the leading role of practice.

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•unbiased, •taking into account the comprehensive multifactoriality of consideration of the various influences; facts; •disclosure of •validity of the research contradictions in the information base; subject of the research; •evaluation of all •identify relationships possible solutions to the between quantitative task and qualitative change. Objectivity Substantive Analysis

Unity of Leading logical role of and practice historical

•combination of researching •practice as fundamental the history of the object and criterion for the reflection of its prospects in the truth. processes; •is the basis for theoretical analysis.

Figure 2. Contents of the basic principles of the scientific research * * compiled by the author on the basis of [5, p. 6-7]

The principle of objectivity. The research of the problem of modernization of the public financial policy is significantly exposed to the risk of subjectivism, since the problem is extremely broad (as evidenced by the existence of different approaches to the interpretation of the elements of public financial policy, which we described in the previous paragraph), and obviously different scientists, considering In their own experience, worldview, as well as taking into account the different set of factors that influence (or can) influence the formulation of public financial policy, it is differently investigated. This risk is further deepened in the context of globalization processes, which signify a significant intertwining of domestic and foreign practices and traditions in the formulation and conduct of the public financial policy. It is through adherence to the principle of objectivity that research can be avoided or substantially reduced. This principle can be ensured by means of a clear justification of the initial research data, which should contain a comprehensive disclosure of the positions of the previous state financial policy researches. The existence of an adequate information base for the study of the public financial policy makes it possible to take into account a set of factors that influence its formation and implementation. After all, any factor can have different influence depending on different circumstances, state system, stage of economic development. For example, it is obvious that with a high level of provision of solid goods by the state in Sweden, raising the income tax will be easier for society to perceive than in Germany or Ukraine. In addition, the principle of objectivity requires the logic of research actions, their consistency and the achieving of the reliable conclusions, so given the complexity and systematic nature of the subject matter of our research. It is important to use data and research results from both Ukrainian and foreign sources. Particularly the results of scientific research by such scientists as Charles T. Bullock (American Economic Association [1]), Peter J. Montiel [3], Greenat A., Wallis J., Sill R. [2] etc. useful in this regard. The principle of substantive analysis. The logic of conducting the study should be designed to keep the movement of the research from the description to justification of the various processes, and then - to the prediction and modeling of the development of the phenomenon. Thus, the study of modernization of the public financial policy in the conditions of globalization should contain all the mentioned elements. The logic of the research of modernization of the public financial policy in the conditions of globalization is presented in Figure 3.

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MODERNIZATION OF THE STATE FINANCIAL POLICY OF SUSTAINABLE DEVELOPMENT IN THE CONDITIONS OF GLOBALIZATION: SCIENTIFIC AND METHODOLOGICAL BASES OF RESEARCH

Economic development and public Scientific analysis of the main Methodology of scientific research of financial policy as interdependent elements of public financial policy modernization of the state financial categories: content and basic and its interaction policy under globalization concepts

CONCEPTUAL ASPECTS OF SUSTAINABLE DEVELOPMENT IN THE CONTEXT OF GLOBALIZATION

Concepts of sustainable economic Globalization as a tendency of Actual challenges of social and development and concentration of modern economic development and economic development of Ukraine in capital as the key benchmarks of a medium of formation of a modern the conditions of economic crisis and public financial policyzz course of the public financial policy globalization.

SUSTAINABLE DEVELOPMENT OF THE PUBLIC FINANCIAL POLICY AS AN ECONOMIC AND MANAGEMENT PROBLEM

The main factors for Parameters for determining Content and role of public Basic concepts of public choosing and implementing the level of effectiveness of financial policy of financial policy of the course of public the implementation of the sustainable development in sustainable development financial policy of course of public financial the conditions of sustainable development policy of sustainable globalization development

THE MECHANISM OF ENSURING THE PUBLIC FINANCIAL POLICY OF SUSTAINABLE DEVELOPMENT OF UKRAINE The concept of the Institutional and Legal and regulatory Information and mechanism for ensuring the functional elements of features of the functioning analytical support of the public financial policy of the mechanism for of the mechanism of mechanism of ensuring sustainable development and ensuring public financial ensuring the state the state financial policy the prerequisites for the policy of sustainable financial policy of of sustainable formation of this mechanism development sustainable development development

MAIN DIRECTIONS OF MODERNIZATION OF THE PUBLIC FINANCIAL POLICY OF SUSTAINABLE DEVELOPMENT OF UKRAINE IN THE CONDITIONS OF GLOBALIZATION

Optimization of the Socialization of public Realization of the Strengthening of the management component financial policy as an innovative priorities in the public protectionist policy of the public financial imperative for sustainable public financial policy of in the of financial and policy of sustainable economic development of Ukraine in the conditions industrial integration development of Ukraine Ukraine of globalization  Figure 3. Logic of conducting the research of modernization of the public financial policy in the conditions of globalization * * author's development

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Figure 3 demonstrates a consistent transition from the disclosure of the theoretical and methodological foundations of the research of these issues to the substantiation of processes and to the formation of a strategic vision, what should be the mechanism of public financial policy of sustainable development, as well as which major areas will allow to modernize the public financial policy of Ukraine in the conditions of globalization. Such a logic of research fully ensures compliance with the principle of substantive analysis. The principle of the logical and historical unity. The study of the modernization of the public financial policy in the context of globalization implies a combination of both studying the history of its formation to the present state and prospects for development. Historical analysis is carried out from the standpoint of a certain scientific concept, taking into account all elements of the public financial policy. Graphically it is represented in Figure 4.

Research scientists Sectors of The public Impact development factors financial and policy modernization Formation prerequisites

History of formation Current state of the art Development prospects

Figure 4. Research of the modernization of the public financial policy in the context of globalization in accordance with the principle of logical and historical unity * author's development

Principle of the leading role of practice. Adherence to this principle requires the scientist to bring research closer to real life, since the main purpose of transformation of public financial policy is the positive transformation of society. Therefore, the results of the research should be tested in practice.

Conclusions Therefore, in the context of globalization is a complex multilevel way of knowing the truth that arises from the existing problems of the construction of the public financial policy the methodology of scientific research of the modernization of the public financial policy is based on the clearly defined principles. The system of scientific knowledge principles of these issues proposed by the author will allow to investigate the problems of financial policy modernization in the conditions of globalization comprehensively and to deepen the scientific and methodological base of the phenomenon under the research.

References 1. Charles J. Bullock (1907) AmericanEconomicAssociation, 3rd Series, Vol. 8, No. 1 2 (May, 1907), pp. 1-144. Retrievedfrom: https://www.jstor.org/stable/pdf/2999951.pdf 2. Grinath III, A., Wallis, J. J., & Sylla, R. (1997). Debt, default, and revenue structure: the American state debt crisis in the early 1840s. 3. Peter J. Montiel (1995) Financial policies and economic growth: Theory, evidence, and country- specific experience from dry Saharan Africa. AERC Special Paper 18 African Economic Research Consortium, Nairobi. Retrieved from: https: //opendocs.ids.ac.uk/opendocs/bitstream/handle/ 123456789/2187/AERCS18-151157.pdf? Sequence = 1 4. Vankovich D. Theoretical and methodological foundations and mechanism of the financial policy realization in Ukraine. Dis. on the image. of sciences. the degree of e. Lviv. - 2014 - 425 p.

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5. Synopsis of lectures on the discipline of the choice of higher educational institution, Methods of scientific researches / ǻȒ .: Kaveera OL - Donetsk: DonNTU. - 2013. - 25 p. 6. Petrushevska V. Adaptation of the financial policy of Ukraine to the conditions of globalization and European integration processes / V. Petrushevskaya // Problems of Economy. - ȹ2. - 2014 - p. 131-137. 7. Radionov Yu. Financial Policy and Problems of its Effective Implementation in Ukraine / Yu. D. Radionov // Scientific Papers of NSFI • 2014 • No 4 (69). - P. 20-26. 8. Sitash T. Public financial policy: pragmatics and problems / T. Sitash // ACADEMIC REVIEW. 2015. No. 1 (42).

50 European Science 3/2019 European Science Labour protection

PROBLEMS OF INTEGRATION OF UKRAINIAN RESCUE WORKERES LABOUR SAFETY REQUIREMENTS INTO EUROPEAN SAFETY SYSTEM

Oleksandr Tokarskyi Post-graduate student of Donetsk National Technical University Pokrovsk, Donetsk region, Ukraine

Borys Bolibrukh DSc, Professor Civil Security Department Lviv Polytechnick National University Lviv, Ukraine

UDC 614.842.86

Abstract The article is dedicated to the functioning of labour safety system of rescue workers in mountainous areas of Ukraine. The main problems of regulatory and technical provision of rescue workers safety have been defined. Implementation of indices of dominant dangerous factors for creation of algorithm of efficient safety measures has been offered. Necessity of numerical correlations creation on the level of analysis and modeling of rescue workers protection system has been determined. Keywords: rescue worker, mountainous area, dangerous factors, labour safety.

Introduction According to Ukraine – European Union Association Agreement, Ukraine is obliged to introduce more than fifty thousand standards and regulations in all the sectors of the economy, both in production and non- production activities [1]. Accordingly, labour safety sector as a part of the national safety system, is supposed to function according to the European standards. In particular, it is mountainous rescue workers who require proper regulations. Currently, mountainous rescue workers belong to the State Emergency Service and perform their tasks as emergency response groups.

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Emergency response subdivisions exist in still haven’t been determined in any five regions of Ukraine: there are nine groups regulatory and legal educational programs. in Trans-Carpathian region, seven groups in Standard time indices of work performance in Ivano-Frankivsk region, two groups in Lviv corresponding climate conditions and work region and one group in Ternopil and complexity still haven’t been determined Chernivtsi regions. There are two mountain either in the countries of European Union or ranges on the territory of Ukraine – the Ukraine. Crimean and the Carpathian mountains where it is possible to conduct search and rescue Aim of the Article operations using individual protection The aim of this article is statistic analysis of systems. However, harmonization of existent risks in the field of rescue workers requirements in utilization of efficient means protection in mountainous area in order to of rescue workers individual protection, develop the prevention system of traumas and material and technical provision as well as job related diseases. regulations of search and rescue operations are far too imperfect and require immediate The main material of the Article improvement. The primary task is an Search and rescue works in mountainous integration component of both regulatory and areas, as a rule, are performed by groups technical safety provision for a rescue worker consisting of a small number of rescue in the mountainous areas. workers. It is caused by a number of factors, starting with the lack of roads and finishing Latest Research and Publications analysis with technical impossibility to conduct rescue Special and group equipment provided by works by a big number of people (i.e. in civil society organizations; and private vertical caves) individual equipment is used during search It is the number of rescue workers and rescue operations. However, due to the subdivision that makes the most important lack of financing, material and technical factor of quick rescue. A subdivision that facilities of civil society organizations haven’t consists of a big number of people may been renovated and have become outdated perform more tasks at the same time; and it which has led to lower level of capabilities of requires much more rescue equipment. A present rescue workers formations. We have subdivision that consists of a small number of deficiencies in high-pass transport, injured people is more mobile and can perform special people evacuation means, operational tasks which give certain advantages. communication, snowmobiles, scooters, Mountainous area conditions make their mountaineering and other special equipment. impact on technical equipment and tactics of Lack of the proper material and technical search and rescue works. Mountains are the facilities essentially reduces readiness and place of increased risks. People, who are in reaction abilities of rescue workers to the mountains, are influenced by certain emergency cases that may arise in dangerous objective and subjective factors. mountainous areas [2]. Set of concepts in Rescue workers, who are on special missions ensuring labour safety of regional search and rescuing people in the extreme conditions, are rescue system is combination of regulatory, influenced by loads of different dangerous legal and material measures which can be harmful factors. The rate of influence of those managed on the basis of complex interaction factors should be determined by the of different topologies and components in corresponding algorithm, which does not exist order to reach the aims of safety sector in in the native operating instructions. ensuring the desired development of Objective dangerous factors in the population and territory safety system. mountains are connected with particular Analysis of publications of national and mountainous relief conditions. Dominant foreign researchers in the field of aid provision dangerous factors that may cause rescue to victims in mountainous areas [8-12] workers injury are falling rocks, ice, verifies existence of the problem of accident avalanches, debris flows, floods. Objective prevention to rescue workers of search and dangerous factors in the mountains are rescue formations. It should be stated that connected with the climate of the rescue workers efficient accident prevention mountainous area. measures in conditions of mountainous areas

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Taking into consideration lack of data, according to three components of rescue published by the native statistics for solving worker personal safety: the issue of dangerous and harmful factors x Fire and technogenic safety, natural influence on rescue workers, the most regulations are factors of influence; important twenty seven statistical indices x Vehicles and information provision; have been selected. They have been grouped x Technologic safety of individual protection means.

Risk indices are demonstrated in Table 1.

The indicated indices make it possible to unify the structure of statistical annual reports, expand nomenclature of statistical indices for comparison, develop and introduce methods of safety level integral evaluation and monitoring systems of the state departmental statistics (directed among other things to statistical monitoring of dangerous factors influence level in mountainous areas).

Indices of dangerous and harmful factors risk influence on a rescue worker. Table 1 Code of Potential risk sources Group index X1.1.1 Type of mountain system X1.1.2 Elevation of rescue works ǽ1.1.3 Climate conditions X1.1.4 Temperature of the environment X1.1.5 Inflammable load, area, m² X1.1.6 Type and aggregate condition X1.1.7 Number of people in the rescue area X1.1.8 Availability of dangerous chemical substances X1.2.9 Number of mines ǽ1.2.10 Number of hydro technical constructions X1.2.11 Number of quarries Fire and technogenic ǽ1.2.12 Number of potentially hazardous objects safety ǽ1.2.13 Highly explosive objects X1.1.14 Fire hazardous objects X1.1.15 Radiation hazardous objects X1.1.16 Hydro dynamic hazardous objects X1.1.17 Biologically hazardous objects X1.1.18 Flooding area, km2 X1.1.19 Number of flooded inhabited settlements ǽ1.1.20 Area of flooded inhabited settlements, km2 ǽ1.1.21 Number of power plants ǽ1.1.22 Length of pipeline grids, km Vehicles and ǽ2.1.1 Type of vehicles information provision ǽ2.1.2 Number of vehicle and connection means ǽ2.2.2 Time of autonomous utilization

ǽ3.1.1 Type of individual protection means Technologic ǽ3.1.2 Safety index safety of IPM

European Science 3/2019 53 Labour protection European Science

Complex of indices is determined by features which characterize risk factors in the mountainous area taking into account potentially hazardous objects; and determine nomenclature, intensity and mechanism of influence factors. Each of these characteristics has certain gradation. Intensity of influence of temperature, dust, smoke, aggressive and non-aggressive environment, electricity as well as objects features that are located in the areas of rescue operation on the rescue workers. In this regard it is important to determine intervals of variation of rescue works factors according to the above mentioned features and means of their numerical evaluation. Analysis of this information is determined by the necessity of creation of numerical correlations on the stage of modeling and analysis of the rescue workers protection system in mountainous areas. In connection with the task given, research of rescue workers labour conditions was carried out. Methods and forms of labour conditions were determined. It made it possible to justify the nomenclature of dangerous factors of influence, typical of the relevant levels of cases of emergency. The influence can be eliminated or decreased by individual protection means; and the character of the influence on the rescue workers can be evaluated. The carried out research has demonstrated that total risk of rescue worker health damage caused by influence of dangerous factors can be shown by the function: n Rș=ƒ[ ¦ Pi ;Pi(t)] kȘ, (1) i 1 The type and character of the function are determined by dangerous factors and health damage of rescue workers. Pi , Pi (t) accordingly are the intensity and the time of influence of i , which is a dangerous climate factor of influence on rescue workers and kȘ is a risk coefficient. The obtained characteristics of intensity and time influence of dangerous factors on a rescue worker were used for identification of correlation (1) and further evaluation of the total risk of rescue worker health damage. The obtained datum of risk (R) was used for justification of data of protective properties of materials and constructions of rescue worker protective means. It was compared to the datum of risk decrease of injury, heat stroke and freezing. The datum of risk decrease can be shown, similar to (1), by certain function which characterizes protective properties by parameter vector of individual protection means of a rescue worker: _

Rȏȭȏ=ƒ( ni ). (2)

As far as both correlations, (1) and (2) determine risks, they can be collated and utilized for determination of protection means efficiency which can be used depending on the influence of the complex of dangerous climate factors. Safety standards and our own research have been used for determination of the factors for creation of (1) and (2) functions. The full list of factors that includes more than thirty titles has been made. Classification of dangerous and harmful factors in accordance with their class and level of emergency has been taken as a basis while forming the group of production environment factors.

Conclusions As the result of rescue workers labour conditions in mountainous areas research, the dominant dangerous and harmful factors of influence have been determined. Incongruities of safety standards provision to rescue workers in mountainous areas between the countries of the European Union and Ukraine have been found out. Research based on the statistic indices of rescue workers injury in mountainous areas conditions has been carried out. Groups of dangerous and harmful factors of influence have been determined.

References 1. Ukraine – European Union Association Agreement. Act Parliament ȹ 1678-VII on 16.09.2014. 2. Pitsur N., Mytro P. Tourists Safety in The Ukrainian Carpathians. Rescue Workers Advice. – Uzhgorod, 2008. – 71 p.

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3. Riadynska Y. M. Professional geographical analysis of activities of the State Military Mountainous Rescue Service in Ukraine: Candidate of Sc Psychology: 19.00.09 – «Psychology of Activities in Extreme Conditions» / Y. M. Riadynska. – Kh., 2011. – 250 p. 4. Yevsiykov O. P. Psychological Forecasting of Reliability of Activities of MES Rescue Workers Subdivision in Ukraine: [monograph] / Ƕ. P. Yevsiykov, Ƕ. V. Timchenko. – Kharkiv : 2007. – 288 p. 5. Yevsiykov O. P. Psychological Forecasting of Reliability of Activities of MES Rescue Workers Subdivision in Ukraine: author’s summary of thesis to obtain Cand. Sc Psychology degree: 19.00.09 «Psychology of Activities in Extreme Conditions» / Ƕ. P. Yevsiykov. – Kharkiv, 2007. – 21 p. 6. Zakharova L. N. Psychological condition of fire fighters Activities in Cases of Emergency.: (experimental psychological research) : author’s summary of thesis to obtain Cand. Sc Psychology degree: 19.00.03 «Engineering Psychology, Labour Psychology» / L. N. Zakharova. - Ǵ, 1985. – 24 p. 7. Kiriakova Y. N. Risks Development in Experts Activities. : thesis. … Cand. Sc Psychology : 19.00.03 / Y. N. Kiriakova. – Ǵ., 2003. – 242 p 8. Ghosh R., Pepe P. The critical care cascade: a systems approach. Curr Opin Crit Care. 2009;15:279–283. doi: 10.1097/MCC.0b013e32832faef2. 9. Nolan J. P., Soar J., Zideman D. A., Biarent D., Bossaert L. L., Deakin C., Koster R. W., Wyllie J., Bottiger B. ERC Guidelines Writing Group: European Resuscitation Council Guidelines for Resuscitation 2010. Section 1. Executive summary. Resuscitation. 2010;81:1219–1276. doi: 10.1016/j.resuscitation.2010.08.021. 10. Barret W. T., Brywczinsky J. J., Schriger D. Is the Golden Hour Tarnished? Registries and Multivariable Regression. Answers to the March 2010 Journal Club Questions. Ann Emerg Med. 2010;56:188–200. doi: 10.1016/j.annemergmed.2010.04.003. 11. Schuurman N., Bell N. J., L'Heureux R., Hameed S. M. Modelling optimal location for pre- hospital helicopter emergency medical services. BMC Emer Med. 2009;9:6. doi: 10.1186/1471- 227X-9-6. 12. Mc Vey J., Petrie D. A., Tallon J. M. Air versus ground transport of the major trauma patient: a natural experiment. Prehosp Emerg Care. 2010;14:45–50. doi: 10.3109/10903120903349788. 13. Tomazin I., Ellerton J., Reisten O., Soteras I., Avbelj M.; International Commission for Mountain Emergency Medicine. High Alt Med Biol. 2011 Winter;12(4):335-41. doi: 10.1089/ham.2010.1096. 

European Science 3/2019 55 Law European Science

ON THE ISSUE OF LEGAL REGULATION OF PRE-TRIAL INVESTIGATION OF CRIMINAL OFFENCES

Valentyna Drozd Assoc. Prof., DSc., Senior Researcher, Head of the 3-rd Research Department of Research Lab of the Problems of Legal and Organizational Support of Ministry Activities of the State Research Institute MIA Ukraine, Kyiv, Ukraine

Abstract. Study considers topical issues of legal regulation of pre- trial investigation of criminal offences. Attention is also drawn to the fact that the legal doctrine has not yet found a definitive denominator in the substantive and procedural aspects of the implementation of the legislative provisions regulating the procedure for the investigation of criminal offences. The analysis of a number of changes in the legislation is given. The author offers some recommendations for its improvement. The author also has highlighted problematic aspects and suggested ways to improve them from the perspective of recent changes. Keywords: criminal offence, inquiry, pre-trial investigation, investigator, simplified form.

Introduction According to current criminal procedural law, criminal offences should be investigated as an inquiry and in a simplified form. Instead, for today this form of investigation has not been put into practice yet, even though a separate chapter of the Criminal Procedure Code of Ukraine has covered the pre-trial investigation of criminal offenses. This is also noted in the Strategy of Development of Bodies of the Ministry of Internal Affairs of Ukraine for the period up to 2020, where, in particular, it is mentioned that one of the negative factors in combating crime is the low efficiency of pre-trial investigation, because of the imperfection of the relevant legal mechanisms, excessive burden on the authorities of pre-trial investigation and their incompleteness. This can be overcome by introducing a criminal offence institution and new procedural forms to increase the effectiveness of pre-trial investigation [1].

The purpose of the study is a systematic carry out a comprehensive and systematic analysis of legislative innovations on pre-trial analysis of the legislative provisions regarding investigation of criminal offences proposed by the regulation of the investigation of criminal the draft Law of Ukraine "On Amendments to offences. Several Legislative Acts of Ukraine on Research results. Simplification of Pre-trial Investigation of In the context of the problem under study, Certain Categories of Criminal Offenses" dated it should be noted that the chapters of legal 20.04.2018 No 7279-d (as amended on history indicate the implementation of criminal 21.11. 2018). offence as a separate category of offences Introduction. that were less socially dangerous actions than Considering seemingly rather positive crimes, even when Ukraine was the part of changes in the distribution of pre-trial the Russian Empire. In particular, if one refers investigation, it should be noted that the to Art. 4 "Criminal and Correctional Offences" legislator has not finally resolved a number of 1845, he can see the separation of crime and problematic issues in the investigation of jffence. In this article it was stated that “both criminal offences. This makes it necessary to the illegal act itself and non-compliance with

56 European Science 3/2019 European Science Law the injuctions of Law can be recognized as a offence (offencs) or at the same time for crime or offence under criminal or corrective misconduct and crime, etc. [5, p. 362]. penalty” [2, p. 23]. According to this Without analyzing the following bills on Regulation, criminal offences were divided into further improvement of the institution of crimes and criminal offences, which included criminal offences, it should be noted that the an unlawful interference to the rights on results of lawmaking activities during 2018 property, personal safety, honor and dignity of have distinguished themselves by some a person, etc. The delineation of crimes and acceleration in its introduction into the offences was conducted by the object of the criminal law system and improvement of the infringement, though not very clearly. Such a provisions regulating the form of inquiry. In differentiation criterion was provided for the this case, it is considered the draft Law of first time and, moreover, only corrective Ukraine "On Amendments to Certain punishment was imposed for the offenses. Legislative Acts of Ukraine on Simplifying Pre- Criminal offences were separated into trial Investigation of Certain Categories of particular type of criminal actions in Criminal Criminal Offences" No 7279-d dated Codes of 1885 and 1903. Thus, according to 20.04.2018. This bill suggests in Clause 2 of the Criminal Code 1903, criminal actions were Art. 12 CC Ukraine to provide the concept of divided into felonies, crimes and offences. "criminal offence", which should be Offences were actions punishable by fines or understood as envisaged by this Code action an arrest [3, p. 236; 4, p. 66]. (omission), punishable with fine not exceeding After examination of the draft Law of three thousand non-taxable minimum incomes Ukraine "On Amendments to the Criminal of citizens or with other punishment, not Code of Ukraine on the Introduction of the related to imprisonment [6]. Institution of Criminal Offenses", which were Continuing to investigate the peculiarities of brought before the Supreme Soviet of Ukraine the investigation of criminal offences, we’ll refer in 2012, O.M. Sharmar has concluded that to Clause 1 of Art. 298 of the CPC of Ukraine, they need legislative drafting, since their stating that it is carried out in accordance with content does not correspond the Constitution general rules of pre-trial investigation provided of Ukraine and the principles of criminal law for by the CPC of Ukraine, taking into account doctrine laid down in the Criminal Code of the provisions of Chapter 25. Therefore, the Ukraine, and it will complicate the legislator establishes the procedure for implementation of its regulations. In this conducting a pre-trial investigation, identical to regard, the scientist considers it necessary: the procedure for conducting a pre-trial 1) to agree the text of the draft law on offence investigation (filing information in the EDDR, with the Constitution of Ukraine; 2) to reform reporting, familiarization with criminal cases, the legislation so that the administrative etc.). At the same time, the general procedure offence was not criminalized but retained its for pre-trial investigation of criminal offences legal nature. In addition, taking into account has certain peculiarities of restriction of human historical and foreign experience, the rights and freedoms, which is caused by the researcher considers it appropriate: 1) to give lesser importance of the public danger of a unified name to administrative and criminal criminal offense. Thus, on the basis of the misconduct – an anti-social misconduct, so requirements of Clause 1 of Art. 299 of the that its existence does not contradict national Criminal Procedure Code of Ukraine, during pre- criminal law doctrine; 2) to establish clear trial investigation of criminal offences it is not criteria according to which some of the crimes allowed to use preventive measures in the form will be classified as criminal offences; 3) to of house arrest, bail or detention. In this case, it define clearly the concept and subject of is clearly logical that the person who is criminal jffense; 4) to predict, whether a suspected in committing a criminal offense, complex form of complicity in the commission given the humanization of the development of of such actions is possible; 5) to determine, criminal justice, is inappropriate to lift whether there will be a recurrence of crimes restraining orders. The rationale for this is the and criminal offences and their legal fact that most crimes, based on the concept of consequences; 6) to specify, what should be the institution of criminal offences, should be the system of punishments or penalties, investigated in the form of inquiry, without general principles of their sentencing for providing for punishment in the form of imprisonment, that indicates the unlawfulness of

European Science 3/2019 57 Law European Science preventive measures such as detention or some time for police for arriving at the place domestic arrest, because they significantly limit of detention, clarifying the circumstances of a person's right to liberty and security of person. such detention, waiting for a lawyer, Currently, there are no any provisions in conducting personal searches and drawing up Chapter 25 of the CPC of Ukraine regulating a protocol. Such a list of necessary actions the procedure and grounds for detention of a may not be covered by a period of three person for committing a criminal offence. An hours, and if law enforcement officers have attempt to overcome such a gap was made in enough time to carry out the aforementioned, the aforementioned Bill No 7279-d, which the actions will be implemented hastily, which proposes to amend the current CPC of Ukraine in future will affect negatively the knowledge with Article 298-2, where to provide that an at all. Otherwise, law enforcement officials will authorized officer has the right, without the be required to note in the report the time of order of an investigating judge, to detain a the detention, which does not clearly coincide person suspected of committing a criminal with the actual detention, but it is necessary offense in the cases provided for in to find out the details of the criminal offence, paragraphs 1, 2 of Clause 1 of Art. 208 of the identification and so on. CPC of Ukraine, and only if this person: Based on the foregoing, we conclude that 1) refuses to comply with the lawful demand the proposed changes to the regulation of the of the authorized official to stop the criminal period of detention of the person, who offense or resists; 2) tries to leave the place committed the criminal offence, for no more of criminal offence; 3) during direct than three hours from the moment of actual prosecution after committing a criminal detention, do not correspond to the basis of offence, fails to comply with the lawful reasonable terms. We believe that the demands of an authorized officer; 4) being proposed legislative provisions may adversely under the influence of alcohol, drugs or affect the performance of pre-trial another intoxication hurts himself or others. investigations in general and the proving of a At the same time, Clause 2 of this article person's guilt in particular, since an states that the detention of the person, who authorized officer will be deprived of the committed the criminal offence, shall be opportunity to carry out a quality detention of carried out not more than three hours from a person during which, as practice shows, the the moment of actual detention. means or instrument of committing a criminal Apparently, the term of detention of a offence are also removed, as well as stolen person for committing a criminal offence of property, etc. three hours is similar to the term of On the basis of the conducted analysis, we administrative detention, which allows to consider it expedient to exclude Clause 4 of make a conclusion about the proportionality of the draft law proposed in the Bill No 7279-e of the public danger of a criminal offence and an Article 298-2 of the CPC of Ukraine, and set administrative offense. However, given the out the second part of this article in the fact that the legal nature of criminal offence following wording: lies in the reassessment (humanization) of «2. Detention of a person, who has certain types of crimes, as well as their further committed a criminal offence, shall be for no categorization of criminal offences, they are more than twenty-four hours from the inherently more socially dangerous than moment of actual detention". administrative offences. In this regard, in our It should be noted that an important feature opinion, it is not sufficiently unreasonable to of the realization of the inquiry as a form of pre- set such short period of detention for a trial investigation is the presence of specific criminal offence. Moreover, the exercise of participants in the criminal proceedings, procedural rights and the observance of legal authorized to conduct it. We draw this procedures during the pre-trial investigation conclusion on the basis of an analysis of the requires considerable time for the provisions of Clause 3 of Art. 38 of the CPC of establishment of the grounds, including the Ukraine, which states that during the pre-trial commission of a criminal offence. For investigation of criminal offences in statutory example, if a person detained when cases, pre-trial inquiry shall be carried out by a committing criminal offence wants to involve a body of inquiry that covers such participants in lawyer, or when the actual detention has criminal proceedings as the head of the body of taken place in a remote settlement, it will take inquiry and the investigator.

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Conclusions Hus, summarizing the study, it can be stated that, despite a number of positive points regarding the introduction of the institution of criminal offences and simplified form of pre-trial investigation – inquiry, the legislator still did not take into account the problematic issues that may arise during the investigation of criminal offences. In our opinion, the draft Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Simplifying the Pre-trial Investigation of Certain Categories of Criminal Offences" dated April 20, 2018 No 7279-d (as of November 21, 2018) requires further improvement.

References 1. Stratehiya rozvytku systemy Ministerstva vnutrishnikh sprav Ukrayiny do 2020 roku : zatv. rozporyadzh. Kabinetu Ministriv Ukrayiny vid 15 lyst. 2017 r. ȹ 1023-r. [Strategy of development of the system of the Ministry of Internal Affairs of Ukraine until 2020: approved by the Order of the Cabinet of Ministers of Ukraine dated 15.11.2017 No 1023-Ș.]. Database "Legislation of Ukraine". Verkhovna Rada of Ukraine. Available at: http://zakon.rada.gov.ua/laws/show/1023-2017-%D1%80 (retrieved from: 15.09.2019) [in Ukrainian]. 2. Kostin, Yu. V. (2010). Osobennosti razvitiya ugolovnogo prava Rossiyskoy imperii v XIX v. [Features of the development of criminal law of the Russian Empire in the 19th century]. History of State and Law 7, 22–25 [in Russian]. 3. Kashkarov, O.O. (2009). Peredumovy reformuvannya Kryminalމnoho kodeksu Ukrayiny ta stvorennya zakonodavstva pro kryminalމni prostupky [Prerequisites for reforming the Criminal Code of Ukraine and creating legislation on criminal offences]. Forum of Law 1, 236–241 [in Ukrainian]. 4. Krasiuk, K. O., Maksymenko, O. B. (2014). Shchodo vvedennya instytutu kryminalމnykh prostupkiv v Ukrayini [Concerning the introduction of the institution of criminal offenses in Ukraine]. Bulletin of the Student Scientific Society. Issue 6. Vol.1. P. 66–70 [in Ukrainian]. 5. Sharmar, O. M. (2013) Kryminalމnyy prostupok: istoriya i suchasnistމ. [Criminal Offence: History and Modernity]. Scientific Bulletin of the National Academy of Internal Affairs 2, 356–364 [in Ukrainian]. 6. Pro vnesennya zmin do deyakykh zakonodavchykh aktiv Ukrayiny shchodo sproshchennya dosudovoho rozsliduvannya okremykh katehoriy kryminalމnykh pravoporushenމ : proekt Zakonu Ukrayiny vid 20 kvit. 2018 r. ȹ 7279-d [On Amendments to Some Legislative Acts of Ukraine on Simplifying Pre-trial Investigation of Certain Categories of Criminal Offenses: Draft Law of Ukraine of April 20, 2018 No 7279-d]. Database "Legislation of Ukraine". Verkhovna Rada of Ukraine. Available at: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=63928 (retrieved from: 15.09.2019) [in Ukrainian].

European Science 3/2019 59 Law European Science

SIGNIFICANCE OF THE ACTIVITIES STATE FISCAL SERVICE OF UKRAIN AS A SUBJECT OF THE SYSTEM THE ECONOMIC SECURITY OF THE STATE TODAY

Vadym Melnyk Ph. D. in Law, Lecturer of DAELES (Department of administrative, economic law and economic security), Sumy State University Educational-Scientific Institute of Law Sumy, Ukraine

JEL classification: H56

Abstract. The article is devoted to the analysis of the activity of tax police units of the State Fiscal Service (SFS) of Ukraine in combating tax offenses in the aspect of ensuring the proper functioning of the economic security system of Ukraine. It emphasizes the importance of the efficient functioning of the analyzed subjects in the current conditions of rapid legislative changes and the emergence of new challenges to the state. The performance of these taxpayers as one of the many real threats to the national economy is evaluated. Attention is drawn to the possible emergence of a number of destructive consequences for certain components of the economic security system of Ukraine, as a result of committing tax offenses. All main directions of work of the investigated law enforcement agency on counteraction to tax offense are determined. It is established that such are the investigation of crimes in the sphere of taxation and budgetary sphere, as well as the implementation of operative-search measures aimed at exposing them. It emphasizes the existence and confirms the numerous facts of impediment to the effective activity of the Tax Police units of the SFS of Ukraine in combating tax offenses, both in the past and the present. The focus is again on the need to ensure that there are favorable political and legal conditions for the normal functioning of the subjects analyzed, especially in the run-up to the launch of a new law enforcement agency empowered to counter most financial offenses. Keywords: national economy, threats to national economy, system of economic security of the state, tax offenses, units of tax police of the SFS of Ukraine.

Introduction Ensuring the effective functioning of the state's economic security system is one of the most important tasks of modern Ukraine. Successful achievement of the intended goal requires a systematic coordinated work on counteracting its threats, among which the tax offense is an important place. Therefore, there is a need for the existence of a specialized entity empowered to directly counteract these threats, which, to date, are units of the tax police of the State Fiscal Service of Ukraine (hereinafter – the SFS of Ukraine). However, in recent years, a rather powerful campaign is aimed at discrediting this law enforcement agency, which has a significant negative impact on its work, and therefore there is a need to analyze this problem.

Analysis of recent research and Y. Rymarenko, T. Saraskina, O. Yunin, T. Yatsyk publications. Various aspects of this issue have and others. been the subject of scientific interest of Statement of purpose of the article. To O. Bandurka, Yu. Harust, O. Dzisiak, A. Kulish, find out the importance of the activity of tax M. Kucheriavenko, S. Maklakov, M. Makaren-ko, police units of the SFS of Ukraine as subjects D. Muliavka, T. Pikulia, O. Ponomarov, of the economic security system of the state

60 European Science 3/2019 European Science Law in the current conditions. State Registration of Legal Entity and The main material of the research. Entrepreneur Individuals” (Article 2051 of Analyzing the activity of tax police units as the Criminal Code of Ukraine) – 161 CPs subjects of the economic security system of (11% of all completed) were completed, of the state, it should be noted, first of all, that which 135 CP were charged; this structure is authorized to carry out 4) “Tax evasion, fees (compulsory payments)” preliminary investigation of a wide range of (Article 212 of the Criminal Code of economic crimes, the consequences of which Ukraine) – 635 CP (44% of all completed) can significantly affect the financial were completed in total, of which 90 CP component of the economic security of the were charged [1]. state. Considering the steady global tendency According to the press service of the SFS to increase the number of ways of committing of Ukraine, in January – March 2019 alone, such unlawful acts and the chronically delayed the total economic effect of the tax police was reaction of the domestic legislator to create UAH 6 billion 300 million. Thus, in the first appropriate legal mechanisms for quarter of 2019, in the fight against the counteracting it, the effective work of the shadow economy, the indicated subject of the police forces of the State Tax Service of economic security system of Ukraine achieved Ukraine is of great value for the national the following results: economy. Thus, according to the reporting on 1) seizure of property and funds in criminal the work of investigative bodies, which control proceedings in the amount of UAH 2.4 the compliance with tax legislation for the 9 billion; months of 2019 (form No. 1-SL), the 2) the amount of VAT that is the subject of investigative units of the State Tax pre-trial investigations by UAH 898 million Administration completed pre-trial investi- has been reduced to compensation; gation in 1448 criminal proceedings. The 3) prevented formation of schematic VAT in amount of damages caused to the state in the system of electronic tax administration these criminal proceedings is more than 850 for the amount of UAH 910 million; million UAH [1]. 4) UAH 168 million was charged to the budget Among the completed criminal proceedings in the field of public procurement; the following are directed to court: 5) the budget for the benefit of the 1) with indictment – 637 criminal proceedings purchasers of the conversion centers was (44%); UAH 344 million; 2) the request for closure – 160 criminal 6) excise goods in the amount of UAH 744 proceedings (11%) [1]. million were withdrawn from illicit 651 criminal proceedings were closed circulation; directly by tax police investigators, accounting 7) additionally paid UAH 193 million in for 45% of all cases completed [1]. customs payments from the increase in the In the context of Articles of the Criminal customs value of the declared goods; Code of Ukraine [2]: 8) the damages in all criminal proceedings 1) “Illegal manufacture, storage, sale or investigated by tax police investigators in transportation for the purpose of sale of the amount of UAH 676 million were excisable goods” (Article 204 of the compensated [4]. Criminal Code of Ukraine) – 282 CPs (20% These statistics dictates, certainly, indicate of all completed) were completed, 200 of the importance of the work of tax police units them with an indictment; in the fight against economic crime, which 2) “Fictitious Entrepreneurship” (Article 205 of "undermines" the entire economic security the Criminal Code of Ukraine, which was system of Ukraine. Accordingly, its effective recently decriminalized in accordance with work is extremely important in the current Part 1 of Article 1 of the Law “On circumstance. Amendments to the Criminal Code of At the same time, the work of these Ukraine and the Criminal Procedure Code subjects has been significantly complicated. of Ukraine on Reducing Business Pressure” For example, in 2016, as a result of the of 18.09.2019 101-IX [3]) – 262 CPs adoption of the Law “On Amendments to the (18%) were completed, 165 of them with Tax Code of Ukraine on Improving the indictment; Investment Climate in Ukraine” as of 3) “Counterfeiting of Documents Filed for December 21, 2016, No. 1797-VIII [5], this

European Science 3/2019 61 Law European Science law enforcement agency was excluded from the implementation of functions should the Tax Code of Ukraine [6]. In fact, a legal contribute to reducing the level of shadowing conflict has occurred, because the Transitional of the Ukrainian economy. Provisions of this Law stipulate that the action However, the presidential initiative of section 133 of Title I (to exclude section regarding the need to create a new law XVIII-2) – from the date of entry into force of enforcement agency empowered to counter a law that defines the legal bases for the most financial crime offenses and uncertainty organization and activity of the central body of about the future fate of the tax police has executive power, to which it relies the duty to somewhat affected the results of these units. ensure the prevention, detection, termination, Thus, the said entity of the economic security investigation and disclosure of criminal system in accordance with the Regulation on offenses the object of which is the financial the State Tax Service of Ukraine dated interests of the state and/or local 06.03.2019 ȹ 227 [7] was to operate within government, which are attributed to its the State Tax Service of Ukraine (STS) and, jurisdiction in accordance with the Crimea of accordingly, the territorial subdivisions of the the Code of Procedural Code of Ukraine and latter, and all DPS tax police officers must be other persons with whom this body interacts transferred to the DPS. However, this transfer [5]. The enacted act also stipulates that p 133 was delayed, and there were no plans at all in has been amended in para. 1 of item 344.1 the structure of the MRF approved by the Art. 344, namely: the words "bodies, in Minister of Finance of Ukraine for units that addition to operating units of the tax police, would perform the law enforcement function. are carried out" shall be replaced by the Another step forward was another change in words "bodies are carried out" [5]. And Art. the legal provision of the analyzed subject of 344.1. PC of Ukraine dated 02.12.2010 ȹ the economic security system. Thus, 2755-VI [6] concerning the provision of according to the Resolution of the Cabinet of pensions to the officials of the supervisory Ministers of Ukraine "On Amendments to bodies, in addition to the existing units of the Certain Acts of the Cabinet of Ministers of tax police, is carried out in the manner and Ukraine" dated September 25, 2019 No. 846 under the conditions stipulated by the then [8]: legislative act on public service. «The units of the tax police within the Adoption of this law brought the activities State Fiscal Service continue to exercise the of tax police units outside the legal field. powers and perform the functions of the Although everyone understood that the draft implementation of state policy in the sphere of law had a technical error in item 133 instead combating offenses during the application of of 134, but the law was signed by the tax legislation, as well as the legislation on President of Ukraine and promulgated in the the payment of a single contribution, carrying Verkhovna Rada (BB) 2017, No. 5-6, Art. 48 out operative-investigative and criminal and, accordingly, entered into force. Later this functions completing the implementation of error was corrected and the activity of the tax measures for the creation of a central police was resumed. Analyzing the authority executive body, which is charged with the of the said law enforcement agency, as well as duty to prevent, detect, terminate criminal being aware of the latter's appointment in investigation, investigation and disclosure of accordance with its tasks and functions, we criminal offenses the object of which is the can state that the key areas of activity of the financial interests of the state and / or local tax police departments as a subject of self-government, which are related to its providing the economic security system of the jurisdiction in accordance with the CPC of state are the investigation of criminal Ukraine »[8]. Namely, the special legislation activities in the sphere of taxation and was adjusted and the units of the tax police budgetary sphere activities. At the same time, were entitled to continue to function in the other areas of service are important, such as structure of the State Tax Service of Ukraine. interaction with other entities of the system, Investigating the place and role of tax collecting and analyzing information about tax police in the country's economic security and budget violations, forecast trends in the system, it should be noted that the Verkhovna development of negative criminal processes Rada of Ukraine approved in the first reading related to taxation, etc. In general, the the bill "On the Bureau of Financial successful performance of relevant tasks and Investigations" of September 18, 2019 No.

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1208-2 [9], which provides for "separation of coordinated through the Minister of Finance of service and law enforcement functions of the Ukraine of the CMU. The structure of the tax service, the elimination of the tax police, Bureau of Financial Investigation should optimization of the structure and number of consist of divisions of the central office and bodies that deal with crimes in the sphere of territorial departments registered as legal finance, elimination of duplication of their entities under public law. Accordingly, it will functions and establishment of the Bureau of be an independent central executive body that Financial Investigations - the central executive will exercise a law enforcement function aimed body government, formed by the Cabinet of at the detection, disclosure and investigation Ministers of Ukraine and operates to prevent, of many economic crimes. Adoption of the bill prevention, detection, suspension, investi- in the second reading will allow to create a gation and disclosure of criminal offenses special independent law enforcement agency ascribed to its jurisdiction"[9]. in the economic security system of Ukraine The draft law provides for the with wider powers than the tax police of the establishment of a Bureau of Financial Investi- State Fiscal Service of Ukraine, which will gation in the system of central executive cease to exist after the latter. bodies. Its activities will be directed and

Conclusions Summarizing the results of our study, it is worth to notice that at the present stage of domestic state-building it is a very important issue to effectively ensure the proper functioning of the state's economic security system. In modern Ukraine, among the existing state law enforcement agencies of this system a special role is given to the police units of the State Tax Service of Ukraine. Important directions of activity of the specified body, as a subject of providing the system of economic security of the state are investigation of crimes in the sphere of taxation and budgetary sphere and carrying out operative-search measures aimed at exposing them. Over the past decade, obstacles of an objective and subjective nature have often been created for the activity of tax police units of the State Fiscal Service of Ukraine, which negatively affected the effective accomplishment of the tasks and the implementation of the functions of the latter. However, today, before the launch of an already new state body, the proper work of the said entity is one of the prerequisites for ensuring economic stability in the country, reducing the likelihood of destructive impact on various spheres of economic activity of Ukraine.

References 1. Zvitnist` pro robotu slidchy`x organiv, shho zdijsnyuyut` kontrol` za doderzhannya podatkovogo zakonodavstva za 9 misyaciv 2019 roku. [Report on the work of investigative bodies, which monitor the compliance with tax legislation for the 9 months of 2019.] Official site of DFC of Ukraine. URL: http://sfs.gov.ua/data/material/000/105/156743/09_2019.pdf (date of appeal: 10.10.2019). 2. Kry`minal`ny`j kodeks Ukrayiny`: Zakon vid 05.04.2001 r.[Criminal Code of Ukraine: The Bill of 04/05/2001] # 2341-III. Update date: 02.10.2019. URL: https://zakon.rada.gov.ua/laws/show/2341-14 (date of appeal: 10.10.2019). 3. Pro vnesennya zmin do Kry`minal`nogo kodeksu Ukrayiny` ta Kry`minal`nogo procesual`nogo kodeksu Ukrayiny` shhodo zmenshennya ty`sku na biznes : Zakon vid 18.09.2019 r.[ On Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine on Reducing Business Pressure: The Bill of 09/18/2019] # 101-IX. URL:https://zakon.rada.gov.ua/laws/show/101-20 (date of appeal: 10.10.2019). 4. Bij z «tinnyu» abo Podatkova miliciya zvituye pro rezul`taty` roboty` za I kvartal 2019 roku. Visny`k. Oficijno pro podatky`, 2019. [Shadow Fight or Tax Police reports on the results for the first quarter of 2019] # 14 (1014). URL: http://www.visnuk.com.ua/uk/publication/100012003- biy-z-tinnyu-abo-podatkova-militsiya-zvituye-pro-rezultati-roboti-za-i-kvartal-2019-roku (date of appeal: 11.10.2019). 5. Pro vnesennya zmin do Podatkovogo kodeksu Ukrayiny` shhodo pokrashhennya investy`cijnogo klimatu v Ukrayini vid 21.12.2016 r.[ On Amendments to the Tax Code of Ukraine on Improving

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the Investment Climate in Ukraine of 12/21/2016] # 1797-VIII. Update date: 23.03.2017. URL: https://zakon.rada.gov.ua/laws/show/1797-19 (date of appeal: 14.10.2019). 6. Podatkovy`j kodeks Ukrayiny` : Zakon vid 02.12.2010 r.[ Tax Code of Ukraine: The Bill of 12/02/2010] # 2755-VI. Update date: 16.05.2019. URL: https://zakon.rada.gov.ua/laws/show/2755-17 (date of appeal: 11.10.2019). 7. Pro zatverdzhennya polozhen` pro Derzhavnu podatkovu sluzhbu Ukrayiny` ta Derzhavnu my`tnu sluzhbu Ukrayiny` : Postanova vid 06.03.2019 r.[On approval of the provisions on the State Tax Service of Ukraine and the State Customs Service of Ukraine: Resolution of 03/06/2019] # 227. Update date: 25.09.2019. URL: https://zakon.rada.gov.ua/laws/show/227-2019-p. (date of appeal: 23.10.2019). 8. Pro vnesennya zmin do deyaky`x aktiv Kabinetu Ministriv Ukrayiny` : Postanova vid 25.09.2019 r.l On Amendments to Certain Acts of the Cabinet of Ministers of Ukraine: Resolution of 09/25/2019] # 846. URL: https://zakon.rada.gov.ua/laws/show/846-2019- %D0%BF#n26 (date of appeal: 23.10.2019). 9. Pro Byuro finansovy`x rozsliduvan` : Zakonoproekt vid 18.09.2019 r.[ About the Bureau of Financial Investigation: The Bill of 09/18/2019] # 1208-2. URL: https://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=66887 (date of appeal: 24.10.2019).

64 European Science 3/2019 European Science Law

THE LEGAL BASIS AND CONDITIONS OF MINE RECLAMATION CONDUCTING IN UKRAINE AND IN THE USA

Anna Misinkevych PhD in Law, Associate professor of Labor Law, Land Law and Commercial Law Department of Khmelnytsky University of Management and Law Named after Leonid Yuzkov, Khmelnytsky, Ukraine

UDK 349.4

Abstract. The article discusses the main legal issues of carrying out mine reclamation on the degraded, damaged and contaminated lands in Ukraine. Moreover, the authors studies the legal mechanism of conducting mine reclamation in the USA and suggest borrowing the system of obtaining permits for surface mining and even conducting land restoration. The scholar analyzes the effectiveness financial and legal policy of carrying out mine reclamation in the USA. Furthermore, it is offered to develop and adopt the National Program on Land Use and Protection for effective restoration of the lands, which were affected by mining or the other economic activity. The article draws attention to the introduction on the legal level reclamation of the rural lands and the lands adversely affected by past coal mining practices. Keywords: mine reclamation, land restoration, legal mechanism, a contaminated land, an abandoned land, a degraded land, legal relations of mine reclamation, surface mining.

Introduction One of the most important tasks of the land reform in Ukraine is implementation of rational land use and protection of this natural resource according to a decree “On the Land Reform”, which was passed by the Verkhovna Rada of the Ukrainian Socialist Republic. Supporting this position Constitution of Ukraine and Land Code of Ukraine proclaim that land is the main national wealth, which is under special state protection. However, during the twenty-eight years of the state independence this issue has not been solved yet. In addition according to experts the ecological condition of Ukraine’s land is extremely critical and this situation confirms statistics that 144 thousand hectares land area is a contaminated, abandoned and degraded in our country [1]. One of the most considerable restorative measures of the land resources is mine reclamation. Nowadays we have not strong legal mechanism, which could regulate legal relations of mine reclamation in Ukraine. Due to the fact that it is planned to adopt a law “On land circulation” in our state, so we have to develop a legal mechanism of land restoration by conducting mine reclamation. This will lead to improvement of soil fertility on the rural lands and it will provide that land owner will be obliged to carry out restoration measures on the land. In our understanding we should borrow the legal model of mine reclamation from economically development country. In our opinion the most successful state in this legal direction in the world is the United States, because this country during 60 years (1978 - 2018) has been could restore 2.78 million acres of land by conducting mine reclamation after coal mining industry [2] and has strong legal mechanism, which provides effective restoration the contaminated, abandoned and degraded lands.

Analysis of the latest researches and these scholars did not learn the legal publications mechanism of mine reclamation on a The legal problems of carrying out mine contaminated, abandoned and degraded land reclamation in Ukraine and in the various in the USA. foreign countries were explored such scientists Formulation of the research goals as: O. Vivcharenko A. Getman, P. Kulynych, The purpose of this article is research the V. Kurylo, V. Lebid and N. Gavrysh. However, legal basis and conditions of mine reclamation

European Science 3/2019 65 Law European Science conducting in Ukraine and in the USA and the regulatory authority as part of the permit laws, which ensure implementation of the application a reclamation plan. Furthermore, legal mechanism with regard to protection and this law claims that each applicant for permit restoration land resources after mining shall be required to submit to the regulatory industry and certainly borrowing the legal authority as part of the permit application a experience in this direction from economically certificate issued by an insurance company developed country. authorized to do business in the United State Presenting main material certifying that the applicant has a public Nowadays one of the leading counties in liability insurance policy in force for the mine reclamation is the United States, which surface mining and reclamation operations for has a perfect legal mechanism in the which such permit is sought, or evidence that regulation of mine reclamation relations. The the applicant has satisfied other State or basic law of mine reclamation in the USA is Federal self-insurance requirements. Such the “Surface Mining Control and Reclamation policy shall provide for personal injury and Act of 1977” (OSMRE) [3], which holds the property damage protection in an amount whole legal procedure regarding issuance adequate to compensate to compensate any permit for mining operations and persons damaged as a result of surface coal development, approval the mine reclamation mining and reclamation operations including programs and of course their realization within use of explosives and entitled to the specified time by the legislation. This law compensation under the applicable provisions has federal level and its principles have been of State law [3]. However, at the section 15 of implemented by the whole states of the USA. the “Subsoil Code of Ukraine” proclaimed that However, Ukraine has plenty of the legal acts subsoil is given for temporary using from five such as: the Land Code of Ukraine [4], the to fifty years and this period may be extended law of Ukraine “On the Lands Protections” [5], [8]. In our opinion we should borrow the the law of Ukraine “On Land Management” experience of mining in the USA, because it is [6], the order of the State Agency of Land short period of the land use which could Resource of Ukraine “On Approval of the provide effective realization of the principles Procedure for Issuance and Cancellation of of Land Law of Ukraine such as: protection Special Permits for Removal and Transfer of and rational use of land, and ecological Soil Cover (Fertile Soil Layer) on the Lands” security of natural resources. In addition [7], which try to regulate legal relations of nowadays we have problems with technical mine reclamation. These acts have many legal equipments at the mines and the procedure of voids and don not ensure land restoration surface coal mining and carrying out of mine after mining. reclamation in our country which are very The main basis of mine reclamation dangerous for our health, property and safety. carrying out in the USA is obtaining permits Therefore the next position which would be for mining and for conducting mine effective for our legal relations of mine reclamation. In according with the sections: reclamation must be introduction of insurance 502, 503, 504 and 506 of the OSMRE person policies for the legal entity that have deal with who would like to mining has to obtain a surface coal mining, because today we have permit issued by the Office of Surface Mining not such legal and financial guarantees in this Reclamation and Enforcement and approve way. the plan of mine reclamation, which must The next step of mine reclamation in the comply of the Federal programs and State USA provides that each application for a programs. All permits shall be issued for a surface coal mining and reclamation permit term not to exceed five years, but if the pursuant to an approved State program or a applicant demonstrates that a specified longer Federal program shall be accompanied by fee term is reasonably needed to allow the as by the regulatory authority. Such fee may applicant to obtain necessary financing for be less than but shall not exceed the actual or equipment and the opening of the operation anticipated cost of reviewing, administering, and if the application is full and complete for and enforcing such permit issued pursuant to such specified longer term, the regulatory a State or Federal program. The regulatory authority may grant a permit for such longer authority may develop procedures so as to term [3]. Moreover, each applicant for a enable the cost of the fee to be paid over the permit shall be required to submit to the term of the permit. Furthermore, all operators

66 European Science 3/2019 European Science Law of coal mining operations shall pay to the including appropriate classification as Secretary of the Interior, for deposit in the prime farm lands, as well as the average fund, a reclamation fee of thirty five cents per yield of food, fiber, forage, or wood ton of coal produced by surface coal mining products from such lands obtained under [3]. We think it is a perfect legal mechanism high levels of management: the use which which helps successfully provide mine is proposed to be made of the land reclamation, because the USA has special following reclamation, including a Financial Fund to which operators discussion of the utility and capacity of the permanently pay a certain amount for the coal reclamation land to support a variety of mining. These funds are accumulated in this alternative uses and the relationship of Financial Fund and in the future they go such use to existing land use policies and towards to the restoration of the degraded, plans, and the comments of any owner of damaged lands after surface coal mining. the surface, State and local governments Howsoever, our legislation has not such or agencies thereof which would have to strong financial mechanism which provides initiate, implement, approve or authorize effective carrying out of mine reclamation, the proposed use of the land following because our state obliges legal entities who reclamation; conduct surface coal mining independently at 3) A detail description of how the proposed the own expense to carry out the restoration post mining land use is to be achieved and of such lands. This situation leads to the fact the necessary support activities which may that a plenty of mines in Ukraine are be needed to achieve the proposed land becoming the bankrupts and cannot conduct use [3]. mine reclamation. These financial liabilities In addition this law requires and ensures from the legal entities come to the state, but implementation of the points which consist of such huge amount of money our state’s the detailed estimated timetable for the budget has not funds for theses restoration accomplishment of each major step in the works. So, we have a great number of the reclamation plan and the consideration which contaminated, degraded, damaged and has been given to making the surface mining abandoned lands. and reclamation operations consist with The compulsory condition in the USA of surface owner plans, and applicable State and getting the permit for mining is approval the local land use plans and programs [3]. It plan of mine reclamation which has to meet should be noted that all the technical and the requirements of State Reclamation legal documentations of mine reclamation Programs that is approved and promulgated must comply with environmental requirements by the Secretary of the Interior and the Office which are contained in the section 515 of the of Surface Mining Reclamation and OSMRE. Moreover, the reclamation plan, the Enforcement. The section 405, 503 and 508 of surface coal mining operations and all the OSMRE point out that each reclamation applications of mining have to be promulgated plan has to consist of: by the regulatory authority and only after that 1) The identification of the lands subject to the mining operators must have been got the surface coal mining operations over the permits for mining. estimated life of those operations and the However, Ukrainian legislation has not size, sequence, and timing of the subareas clear legal mechanism for obtaining permits for which it is anticipated that individual for mining and mine reclamation; because in permits for mining will be sought; the first we have not special law “On mine 2) The condition of the land to be covered by reclamation” and in the second our legislation the permit prior to any mining including: has a lot of the legal loopholes. For instance, the uses existing at the time of the in order to our mining operators could get the application, and if the land has a history of permits for mining he should obtain the previous mining, the uses which preceded special permission for subsoil use within any mining and the capability of the prior specific areas (section 16 of the Subsoil Code to any mining to support a variety of uses of Ukraine) [8], obtain the mining allotment giving consideration to soil and foundation (section 17 of the Subsoil Code of Ukraine) characteristics, topography, and vegetative [8], allotment a land from the state and cover, and if applicable, a soil survey; and communal property for land using (section the productivity of the land prior to mining, 123 of the Land Code of Ukraine) [4], signing

European Science 3/2019 67 Law European Science a land lease agreement (the law of Ukraine reclamation too and even the OSMRE “On Land Lease” [9], section 124 of the Land (sections 503 and 504) points out that these Code of Ukraine) [4] and signing a concession restoration programs include criminal and civil agreement (the law of Ukraine “On liabilities for legal entity if they do not carry Concession”) [10], development of a working out the restoration works after mining. So we mine reclamation project (section 26 of the think this legal position is a really effective law of Ukraine “On Land Management”) [6]. and we will be able to borrow such idea at our It should be noted that one of the serious legislation. We would like to add that these problem in the legal relations of mine State Reclamation programs in the USA have reclamation is imperfect procedure for approved State Reclamation Plan for each approval of the mine reclamation project in territory in the country and every applicant for our state. The land legislation of Ukraine notes mining has to implement this specific that the land owners and land users who carry reclamation project in his work. out mining are obliged to develop a mine Additionally we think that we should reclamation project and only after this they borrow the legal experience in conducting would be able to get the land for mining. reclamation of rural lands from the USA, However, the section 186 of the Land Code of because the Land Fund of Ukraine consists of Ukraine proclaims that the mine reclamation 90 % of the rural lands and their projects are developed and approved by the environmental situation is unsatisfactory. We customers [4]. To our understanding it is could confirm this fact by referring to the legally illiterate because the land owners and scientists’ assessment that approximately 6,5 land users who carry out mining cannot million hectares of rural lands are degraded provide a competent conclusion on this issue. and contaminated [12]. Moreover, such land Therefore, we suggest borrowing the legal needs restoration through reclamation and the experience of the USA and this document OSMRE describes very effective the legal must be approved by the special public mechanism on this issue. So, the section 406 authority and then this mine reclamation of the OSMRE points out that in order to project has to be promulgated. provide for the control and prevention of The next issue of the legal relations of erosion and sediment damages from mine reclamation in Ukraine it is lack of unreclaimed mined lands, and to promote the approved the National Program on Land Use conservation and development of soil and and Protection, which is the main basis for the water resources of unreclaimed mined lands development and approval the mine and lands affected by mining, the Secretary of reclamation project after industrial mining. We Agriculture is authorized to enter into could claim that according to Ukrainian’s agreements of not more than ten years with scientists and lawyers the provisions of this landowners including owners of water rights, program should be based on principles of residents, and tenants, and individually or socio-economic policy of the state to prevent collectively, determined by him to have the state crisis in the field of land use and control for the period of the agreement of protection, and also creating the conditions for lands in question therein, providing for land the comprehensive development of the stabilization, erosion, and sediment control, productive forces, and contain the special and reclamation through conservation system of the preventive measures. This treatment, including measures for the legislative program should become a part of conservation and development of soil, water, state’s policy which will aimed at the balanced woodland, wildlife, and recreation resources, satisfaction of the needs of the population and and agricultural productivity of such lands [3]. sectors of the economy in land resources, Furthermore, the landowner shall furnish to rational use and land protection against the Secretary of Agriculture a conservation degradation, depletion and lead to increased and development plan setting forth the production of national economic products, and proposed land uses and conservation to the care and preservation of landscape and treatment which shall be mutually agreed by biological diversity while creating the Secretary of Agriculture and the environmentally safe conditions for society landowner to be needed on the lands for and for economic activity [11, p. 5 - 6]. which the plan was prepared. In those In the USA such programs are very instance where it is determined that the water important element for conducting of mine rights or water supply of a tenant, landowner,

68 European Science 3/2019 European Science Law including owner of water rights, resident, or advertising once in a newspaper of general tenant have been adversely affected by a circulation in the municipality in which the surface or underground coal mine operation land lies, the Secretary, his agents, which has removed or disturbed a stratum so employees, or contractors, or the State as to significantly affect the hydrologic pursuant to an approved State program, shall balance, such plan may include proposed have the right to enter upon the property measures to enhance water quality or quantity adversely affected by past coal mining by means of joint action with other affected practices and any other property to have landowners in consultation with appropriate access to such property to do all things State and Federal agencies. In addition we necessary or expedient to restore, reclaim, think very useful and considerable the legal abate, control, or prevent the adverse effects. mechanism regarding reclamation of rural Moreover, the State, his agents, employees, lands in the USA is that the Secretary of or contractors or the State pursuant to an Agriculture is authorized to furnish financial approved State program, shall have the right and other assistance to such landowner [3]. to enter upon any property for the purpose of We could confirm that after restoration these conducting studies or exploratory work to lands will be so profitable for business and it is determine the existence of adverse effects of perfect opportunity for the Ukraine’s economic past coal mining practices and to determine growth, and ecological safety. It should be the feasibility of restoration, reclamation, noted that we have a number of the laws abatement, control, or prevention of such which tries to regulate land restoration adverse effects. Such entry shall be construed through mine reclamation in our country, but as an exercise of the police power for the a single comprehensive law “On mine protection of public health, safety, and general reclamation” we have not passed yet. welfare and shall not be construed as an act We consider that another important condemnation of property nor trespass provision which should be borrowed from the thereon. In addition the Secretary or the State legal mechanism of the USA is reclamation of pursuant to an approved State program, may land adversely affected by past coal mining acquire any land, by purchase, donation, or practices, because our state has plenty of condemnation, which is adversely affected by such lands, which need to be restored. The past coal mining practices if the Secretary section 407 of the OSMRE points out that if determines that acquisition of such land is the Secretary or the State pursuant to an necessary to successful reclamation [3]. To approved State program makes a finding of our opinion it is perfect legal point, because the fact that lands or water resources have our state authorities do not have such powers been adversely affected by past coal mining for land withdrawing and carrying out mine practices then upon giving notice by mail to reclamation on land adversely affected by past the owners if known or if not known by coal mining practices and we need approve posting notice upon the premises and these requirements in our legislation.

Conclusions Consequently, analyzing the American legislation we propose to pass a law of Ukraine «On mine reclamation», which would regulate the legal mechanism of the mine reclamation conducting on the degraded, damaged and contaminated lands in Ukraine. In addition, we need to improve legal mechanism of getting permits for mining and conducting mine reclamation borrowing legal experience from the USA in this issue. Furthermore, we should at the legislation level to pay attention the problem restoration of the rural lands and lands adversely affected by past coal mining practices.

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References 1. Implementation of land protection measures during 2010–2018: Materials of the State Service of Ukraine for Geodesy, Cartography and Cadastre. - Available at: https://land.gov.ua/info/okhorona-zemel/. 2. Land reclaimed from mining in the United States from 1975 to 2018, by type (in acres). - Available at: https://www.statista.com/statistics/875838/mining-land-reclaimed-by-type- united-states/. 3. Surface Mining Control and Reclamation Act of 1977: Wikipedia. – Available at: https://en.wikipedia.org/wiki/Surface_Mining_Control_and_Reclamation_Act_of_19 77. 4. Land Code of Ukraine: law of Ukraine date October 25, 2001, ȹ 2768–ǟǟǟ. - Available at: https://zakon.rada.gov.ua/laws/show/2768-14. (application date 28.10.2019). 5. On the Lands Protections: law of Ukraine date June 19, 2003, 2059-VIII. - Available at: https://zakon.rada.gov.ua/laws/show/962-15. (application date 28.10.2019). 6. On Land Management: law of Ukraine date May 22, 2003, 155-IX. - Available at: https://zakon.rada.gov.ua/laws/show/858-15. (application date 28.10.2019). 7. On Approval of the Procedure for Issuance and Cancellation of Special Permits for Removal and Transfer of Soil Cover (Fertile Soil Layer) on the Lands: law of Ukraine date April 01, 2005, v- 199484-05.- Available at: https://zakon.rada.gov.ua/laws/show/z0070-05. (application date 28.10.2019). 8. Subsoil Code of Ukraine: law of Ukraine date July 27, 1994, 2320-VIII. - Available at: https://zakon.rada.gov.ua/laws/show/132/94-%D0%B2%D1%80. (application date 28.10.2019). 9. On Land Lease: law of Ukraine date October 6, 1998, 2597-VIII. - Available at: https://zakon.rada.gov.ua/laws/show/161-14. (application date 28.10.2019). 10. On Concession: law of Ukraine date October 10, 2019, 155-IX. - Available at: https://zakon.rada.gov.ua/laws/show/155-20. (application date 28.10.2019). 11. Cherpezky O. Z., Karpluk I. R. Strategic role of the national program of land use and protection // Land management and cadastre, 2008, ȹ 4. P. 4 – 11. 12. Who kills Ukrainian lands or how to stop soil degradation - Available at: https://agropolit.com/spetsproekty/566-hto-vbivaye-ukrayinski-zemli-abo-yak-zupiniti- degradatsiyu-gruntiv.

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CRIMINAL RESPONSIBILITY FOR TERRORIST ACTIVITY: EXPERIENCE OF EUROPEAN UNION COUNTRIES

Viktor Nalutsyshyn doctor of Law, professor of the Department of Criminal Law and Process of Khmelnytskyi University of Management and Law named after Leonid Yuzkov, Khmelnytskyi, Ukraine

Abstract. The article presents a comparative legal analysis of criminological and criminal legislation on counteraction to terrorist activity in foreign countries. The features of criminalization of terrorist activity in accordance with the legislation of EU countries are presented. It is noted that a feature of modern anti-terrorism legislation of EU countries is its constant strengthening, which is explained by the improvement of forms and methods of conducting terrorist activities. It is noted that the system of anti-terrorist legislation in EU countries is represented by three main models: complex, criminal law and criminological. Some experience in combating terrorism in Germany, France, Spain, the Netherlands and the United Kingdom is noteworthy. Keywords: terrorism, terrorist act, terrorist community, counter-measures, terrorist activity, criminal responsibility, imprisonment.

Introduction Terrorism, which is unfortunately becoming an integral part of the political and economic processes in the world and is a growing threat to public and national security, is becoming a mass phenomenon from single manifestations. In today's context, there is an escalation of terrorist activity not only of extremist organizations, individuals, but of entire states. This complicates the nature of their actions, increases the oddity and cruelty of terrorist acts. In this context, it is appropriate to draw attention to the need for a thorough and scrupulous study of the laws of foreign countries, which establishes responsibility for engaging in terrorist activities, which is especially important in terms of quality organization of international cooperation in the fight against international terrorism.

Status of research. To varying degrees, Despite large-scale anti-terrorist activities in aspects of terrorism and anti-terrorism are Italy, Austria, France, the United Kingdom, present in the scientific works of foreign Spain, the situation on the continent has not authors such as R. Hunter, R. Beisner, S. Guk, been generally improved. M. Keldor, A. Conte, G. Allison, R. Firi, P. Comparative analysis of foreign legislation Davis, B. Jenkins, M. Cren, R. Maley, A. in the field of anti-terrorist activity shows that Shayley, P. Bourdieu, W. Laker, J. Nemes, J. in France, Germany, the United Kingdom, the Dispo, J. Bell, J. Poland, C. Dobson. vector of the measures aimed at The purpose of the article is to study the strengthening responsibility for terrorism is criminal law of the European Union states, focused on strengthening the criminal policy which establishes responsibility for terrorist on terrorism, including by cutting financial activity, to analyze its contents, as well as to sources that support terrorism by virtue of use foreign experience of legal regulation of increasing criminal responsibility and larger combating terrorism. volumes of preventive measures of criminal Presentation of the main material. nature. It should be noted that the system of International terrorism is one of the most anti-terrorist legislation of the European Union serious threats to the European security.

European Science 3/2019 71 Law European Science states is represented by three basic models: supplemented by art. 421-2, which provides complex, criminal-legal and criminological. for the responsibility for an individual form of Regulation of the counter-terrorism terrorism - ecoterrorism, which means measures, both in the specialized proliferation of the substances likely to pose a criminological laws and in the criminal law threat to human or animal health, or to the provisions, is a distinctive feature of the environment with a terrorist aim in the complex model. For example, in France, in atmosphere, the earth, in foodstuffs or addition to the regulation of the responsibility waters, including territorial sea. Commission for terrorism in the articles of the Criminal of the appropriate criminal offense is Code, there have been adopted special laws punishable by twenty years’ imprisonment, as on counter-terrorism (“On application of the well as a fine in the amount of 350 thousand European Convention on the Suppression of euros. In case of a death of at least one Terrorism in the territory of France” (1977) person, ecoterrorism will entail life and “On the fight against terrorism and imprisonment and a fine in the amount of 750 attacks on the state security” (1986). thousand euros [1]. According to Art. 421-1 of Chapter I “On In addition, according to art. 422-5 of the Terrorist Acts” of Section II, “On Terrorism” of Criminal Code, criminal responsibility is also the Book IV “Crimes and Misdemeanors provided for a legal person for the criminal against the Nation, State and Public Peace” of acts defined by Chapter II “On terrorism”. In the Criminal Code of France – the following addition to the fine provided for in article 131- criminal acts shall be deemed as terrorist acts 38, there may be imposed the penalties subject to the condition they are intentionally provided for in art. 131-39 (termination or associated with any individual or a collective prohibition to engage in certain activities, operation performed in order to disrupt public appointment of judicial supervision, order by intimidation or fear-mongering: prohibition to issue checks, etc.). Under art. intentional assault on a person’s life and 422-6 of the Criminal Code additional inviolability of a person, abduction and punishment is applied in the form of imprisonment of persons, theft of a plane, confiscation of all or part of the property with ship or other vehicle, responsibility for which regard to the natural or legal persons guilty of is stipulated in Book II of the Criminal Code of committing a terrorist act. [1, p.198-199]. France; theft, extortion, destruction or Italian legislator has chosen a similar damage of the property, cyber-crimes under approach, having provided criminal liability for Book III of the Criminal Code; the criminal the terrorist crimes in the Criminal Code of acts of combat groups and disbanded Italy, as well as in the Law “Against movements and aiding in performance of a Terrorism”. The latter has criminalized actions terrorist attack, falsifying or obtaining of an organizational and preparatory nature, documents issued by the government by which have a tendency to turn into terrorist fraud; crimes related to weapons, explosives acts, as well as actions constituting terrorist or nuclear materials, as provided for in certain financing. As in the majority of foreign articles of the Defense Code and the National legislations, there is no clear definition of Security Code; money laundering offenses terrorism in the Italian anti-terrorist law. In provided for in Chapter IV of Book III of this particular, Art. 1 of this Law refers to Code; misdemeanors under article 465-1 of associations the purpose of which is to commit the Financial Code of France [1, p. 194-195]. acts of terrorism and to destroy the In case of commission of abovementioned democratic order. Along with this, in art. 270- crimes, the maximum punishment for them 1 of the Criminal Code of Italy there has been should be increased: from 30 years of established criminal responsibility for the imprisonment - to life imprisonment; from 20 establishment of an organization for the years to 30 years; from 15 years to 20 years; purpose of committing an act of terrorism and from 10 years to 15 years; from 7 years to 10 sabotage of public order. According to this years; from 5 years to 7 years; from 3 years article, anyone who encourages, creates, to 6 years (art. 421-3). The same punishment organizes or directs an association, promotes provides for art. 421-2-1 of the Criminal Code it, performs acts of violence to violate the of France for complicity in a terrorist act. democratic rule of law shall be punished by According to the Law No 2004-204 of 9 imprisonment for a term up to 15 years [2]. March 2004, the Criminal Code of France was Italian lawyers distinguish in the Italian

72 European Science 3/2019 European Science Law criminal law, which is focused on the fight and posts for a term from 6 to 14 years» [4, against terrorism, the following directions p.241]. which, in their opinion, allow to fight against Art. 573 of the Criminal Code of Spain them successfully: bringing to criminal provides for criminal liability in the form of responsibility of persons participating in the imprisonment for a term from 6 to 10 years associations which aim to carry out terrorist for storage of weapons or ammunition, acts and violate the constitutional order in the possession or storage of explosive, flammable state (Law of 1980), as well as the persons or toxic substances and devices, their participating in the Mafia-type associations components, as well as their production, (Law of 1982) and associations that produce transportation or delivery by any means, their and trade narcotic substances (Law of 1990); location or use, if those acts have been carried bringing to criminal responsibility of persons out by persons who participate, act as an involved in money laundering. Development of employee or assist terrorist organizations or Italian anti-money laundering legislation, groups identified in the preceding articles. especially in recent years, has been influenced Part 1 of art. 576-1 of the Criminal Code of by international cooperation, in particular its Spain provides for a punishment in the form development has been influenced by the of imprisonment for a term from 5 to 10 years Strasbourg European Convention of 1990, and a fine in the amount from 18 to 24 which Italy ratified in 1993 by Law No. monthly rates for any direct or indirect use of 328/1993 [3, p. 36-37]. any valuables or goods to promote terrorist The criminal-legal model of counter- activity (terrorist financing). Severe action to promotion of terrorist activity punishment can be imposed if valuables or provides for its criminalization only within the goods have been used to commit specific acts framework of criminal law. For example, the of terrorism. Criminal Code of Spain includes the Part 3 of art. 576-1 of the Criminal Code of appropriate crimes into Book II, “Crimes and Spain provides for criminal liability of a legal Punishment” of Chapter XXII “Crimes Against entity in the form of a fine for commission of Public Order” of Chapter VII, “On Terrorist terrorist crimes [4, p.243]. organizations and groups, and on terrorist According to art. 578 of the Criminal Code crimes” which consists of part 1, “On terrorist of Spain, exaltation or justification of crimes organizations and groups” (art. 571) and part stipulated in art. 571-577 of the Criminal Code 2 “On terrorist crimes” (articles 572–580). of Spain, as well as of the persons who have According to part 3 of art. 571 of the Criminal committed these crimes, discrediting, Code of Spain, groupings characterized by the contempt or humiliation of victims of terrorist definitions given in § 2 part 1 article. 570-1 crimes or their families performed through and § 2 part 1 art. 570-2, are recognized as any media shall be punishable by imprison- terrorist groups or organizations the purpose ment for a term from 1 to 3 years. of which is to violate the constitutional order According to part 1 of art. 579 of the and commit grave violation of the public order Criminal Code of Spain, dissemination by any by performance of any offense mentioned in media of messages and slogans in order to paragraph 2 “On terrorist crimes”. incite others to commit terrorist acts shall be According to part 1 of art. 571 of the punishable by imprisonment for a period from Criminal Code of Spain, a person who six months to 2 years. In addition, part 2 of promotes, establishes, organizes or manages this article provides for the possibility of a terrorist group or organization shall be imposing additional punishment in the form of punished by imprisonment for a term from 8 full deprivation of rights for a term from 6 to to 14 years and a special ban on holding 20 years after serving a sentence of public offices and posts for a term from 8 to imprisonment for persons convicted of 15 years. According to part 2 of this article, terrorist crimes. The same rule (part 4) “persons who take an active part in the enshrines the right of a court to impose less activities of a terrorist group or organization severe punishments for an appropriate crime and belong to the number of its members, if the perpetrator voluntarily ceases his shall be punished by imprisonment for a term criminal activity and appears before the from 6 to 12 years, as well as special competent authorities with a confession about deprivation of the right to hold public offices the acts committed and, in addition, actively assists the competent institutions in

European Science 3/2019 73 Law European Science preventing the crime or provide substantial that the target of a criminal act covers not evidence for the identification or detention of only the aim of serious destabilization or other perpetrators, or assist in the cessation destruction of political, economic and social or development of terrorist organizations or foundations of the country, but also of groups in which he had participated or international organizations. There is also a list contributed [4, p.244-245]. of actions belonging to the category of general Art. 580 of the Criminal Code of Spain corpus delicti (murder, hostage-taking, provides for an obligation to recognize as an seizure of aircrafts or ships, arms trade, aggravated circumstance in the form of ammunition storage, etc.), which in case of recidivism the judicial decisions or decisions of the aforementioned purpose become a foreign courts, made previously concerning terrorist crime. Art. 139 provides for commission of terrorist crimes. responsibility for creation of a terrorist group. § 278d of the Criminal Code of Austria Article 140 criminalizes participation in a which provides for responsibility for financing terrorist group, setting forth the responsibility of terrorism is also noteworthy. In particular, for providing information or material resources it states that anyone who provides or collects (as well as any form of financing). At the property with the intent to use them, albeit in same time, participation will entail part, to carry out: a) air piracy or the responsibility, even if it could only have intentional threat to air safety, b) kidnapping contributed to the commission of the crime. to blackmail or threat (c) the encroachment For the said actions there has been provided a on the life, health or freedom of a person who responsibility in the form of imprisonment for is under the international legal protection or a a term from 5 to 10 years and a fine in the violent attack which can endanger the health, amount from 100 to 5 thousand euros. § 2 life or liberty of this person, his home, office art. 140 provides for increased liability for the or transport or so threaten him [5]. leader of a terrorist group - imprisonment for In Germany there is no special law that the term of from 15 and 20 years and a fine in consolidates all or at least basic rules on the amount of from 1 thousand and 200 responsibility for terrorism. The main source thousand euros. of legal norms aimed at regulating the issues In 2013, Belgian Criminal Code was of counter-terrorism is the German Criminal supplemented by a number of corpus delicti Code of May 15, 1871. § 129a of the Criminal that criminalize certain acts as terrorist Code of Germany provides for responsibility crimes. Article 140 para.2 provides for a for creation of terrorist groups. According to punishment in the form of imprisonment for a this provision, a terrorist group is defined as term from 5 to 10 years (and a fine in the an association whose activities are aimed at amount from 100 euros to 5 thousand euros) committing serious crimes, which in particular for disseminating information that induces include: murder (§ 211) and manslaughter (§ (the law adds – “directly or indirectly”) to 212); genocide (§ 6 of the Code of commit a terrorist crime. The same type of International Criminal Law); kidnapping for liability is envisaged for recruitment for ransom; hostage-taking; destruction of terrorist activity (article 140 para.3). Similar particularly important means of production; liability is envisaged (article 140 para.4) for setting fire; explosions; abuse of ionizing providing instructions (or training) for the radiation; assault (creation of danger) on manufacture or use of explosives (other road, water, air and rail transport; damage to dangerous substances), firearms (other public enterprises and devices; creating a weapons). Article 140 para.5 stipulates dangerous situation in construction. Creating imprisonment for a term from 5 to 10 years or participating in such an association entails for instruction or training aimed at preparing imprisonment for a term from 1 and 10 years. terrorist crimes. The law of 12 July 2015 Supporting such an association or recruitment introduced an article 140 para.6 which of new members or assistants shall be provides for liability for the “jihad tourism” punishable by imprisonment for a term from 6 (imprisonment for a term from 5 to 10 years months to 5 years [6, p.138-139]. and a fine in the amount of from 100 euros to The key act of counter terrorism in 5 thousand euros). Any person who has left Belgium is the Criminal Code [7]. Art. 137 of Belgium to participate in terrorist activities or this Code provides for criminal liability for a any person who enters Belgium for the same “terrorist crime”. The peculiarity of this rule is purposes shall be criminally punishable. The

74 European Science 3/2019 European Science Law same law provides for such a measure as There was also adopted art. 140a, according deprivation of citizenship. to which participation in an organization Paragraph 15 art. 4 of the Criminal Code of aimed at committing terrorist crimes was the Netherlands defines the meaning of the punishable. Participation itself is punishable by notion of a terrorist crime: “A terrorist crime a fine and imprisonment for the term up to 15 is a crime committed with the objective of years, and leadership, creation, management causing fear in (part of) the Dutch population, of the organization – by a fine and life forcing a Dutch government or an institution imprisonment or imprisonment for a term up situated in the Netherlands or organization of to 20 years. Part 3 of art. 140a extends the the European Union, to do something, not to said provision of art. 140 on the form of do something or to tolerate certain actions, or participation in the form of financing, to seriously disrupt or destroy the recruitment and fundraising. fundamental political, constitutional, economic Art. 205 of the Criminal Code of the and social structures of the Netherlands, an Netherlands which was amended in 2004 institution situated in the Netherlands or an establishes responsibility for recruitment to a organization of the European Union” [8]. terrorist organization. In particular, part 1 Art. 83 of the Criminal Code defines what establishes a general disposition defining any crimes, in case there is an appropriate recruitment (without the King’s authorization) purpose, may be qualified as terrorist (for for military service or armed combat example, crimes against security of the state, (imprisonment for a term not exceeding 4 which cover articles 92-96 of the Criminal years and a fine). Part 3 introduces a Code), and art. 83a establishes the notion of qualifying feature – “commission of a terrorist “terrorist intent”, for which intimidation and crime”. In this case, the term of punishment destabilization of major political institutions is increases by one third. It should be noted that also very important. responsibility for recruitment will occur, even At the same time art. 114a of the Criminal if it is not clear whether a recruited person Code of the Netherlands provides that crimes wants to be engaged in an armed struggle or committed with a terrorist intent entail double to contribute to the organization of the punishment. And if a crime involves a terrorist movement. punishment in the form of imprisonment for In 2004, there was introduced the criminal the term up to 15 years, then it may be responsibility for a threat of a terrorist crime increased to 20 years, or life imprisonment (up to 6 years of imprisonment and a fine). may be imposed. Similar rules are also These actions can be named differently: reflected in the articles 120a, 130a, 176a, political blackmail by terrorist methods. 304a, 415a of the Criminal Code of the Adoption of art. 288a “Murder for the Purpose Netherlands. That is, the legislator only adds of Terrorism” under which this crime is that corpus delicti defined previously (which is punishable by life imprisonment or a term not not directly related to the terrorist crime) in exceeding 20 years and a fine became quite a case of a special purpose provides for more severe measure. Art. 289a, which provides for repressive measures of responsibility [9]. liability for conspiracy to commit the said With a purpose of further counter- murder was introduced. terrorism, the Parliament of the Netherlands Dutch anti-terrorist legislation is in the adopts the Law of 24 June 2004 [10] process of development. Currently, a project (abbreviated as the Law on Terrorism), under has been developed to amend the Criminal which a number of amendments were made to Code of the Netherlands in the part of the Criminal Code of the Netherlands [9]. criminalization of being in a terrorist- Under the said law, the expanded controlled territory without any permission of disposition of art. 140 of the Criminal Code of the Minister of Justice and Security. There is the Netherlands provides for responsibility for an explanatory note to this piece of participating in an organization the purpose of legislation. It explains that a significant which is to commit crimes. Its amendment number of Dutch people went to Syria and pertained inclusion to the notion of Iraq, where their stay led to (sometimes “participation” of elements such as the forced) involvement in terrorist activity in one provision of financial or other material form or another. The mere fact of their support, as well as raising funds or recruiting presence in these territories leads to for the benefit of a criminal organization. associations with terrorist organizations,

European Science 3/2019 75 Law European Science which promotes their ideas. Many terrorist terrorist groups of the ability to recruit new acts in Western Europe were carried out by fighters and public support. persons who have visited Syria and Iraq. It is The content of the CONTEST consists of difficult to identify their degree of involvement four key elements, commonly referred to as in terrorist activity at the time of their stay in “four P”: these countries [8]. - «Prevention» aims to restrain the In the Criminal Code of Poland crimes radicalization of society through extensive related to terrorist activities are listed in information and communication work. The Chapter XXXII “Crimes Against Public Order”. concept of preventing terrorism is intended to Thus, art. 255a provides for responsibility for deter people, who are actively sympathetic to distribution or publicly displaying the material terrorists, from committing acts of terrorism, that may contribute to commission of a crime and to eradicate the underlying motives of of a terrorist nature with the intent to commit terrorism. such a crime. Punishment for the said crime is - «Pursuance» is aimed at identifying and provided in the form of imprisonment for a destroying existing terrorist networks, term from 3 months to 5 years. disrupting their plans of operations. According to § 2 art. 258 of the Criminal Intelligence plays a major role in identifying Code, anyone who participates in an organized and controlling potential threats. There is also group or association aimed at committing a evidence and witness gathering in this area to crime of a terrorist character shall be ensure the conviction of terrorists. punished by imprisonment for a term of from - «Protection» consists in the reduction of 6 months to 8 years. § 4 of this provision the UK’s vulnerability to terrorist attacks. This provides for liability (in the form of imprison- concept envisages extension of the border ment for a term not shorter than 3 years) for services to make it easier for terrorists to creation or management of a group or cross British borders. The concept also refers association with a view to committing a to the protection of key sections of terrorist crime. infrastructure (state borders, transport There are no definitions of the crimes of networks, etc.), attacks on which can cause terrorist nature in the Criminal Code of serious disruption. Poland. - «Preparation» - is the final aspect of the Art. 259 of the Criminal Code provides an CONTEST, the main point of which is that incentive provision, according to which there while it is impossible to prevent every single will be an exemption from the punishment for act of terrorism, crisis planning is needed to the crime, defined in art. 258, for a person increase the state’s ability to respond to acts who voluntarily refused to participate in a of terrorism. Possible risks are foreseen for group or association and disclosed to the body this purpose, crisis behavior scenarios are authorized to investigate crimes all material developed, training on how to apply them in circumstances of the act or prevented the practice are carried out [12, p.12-13]. commission of a planned crime [11, p. 100]. UK counter-terrorism legislation consists of The criminological counter-terrorism a voluminous document adopted in 2000 – system differs by the fact that its legal The Terrorism Act [13]. foundations, by virtue of the specific nature of Paragraph 1 of art. 1 of the Terrorism Act the legal “family”, are only enshrined in the (Act), defines terrorism as the use or threat of rules of specialized laws. A bright example of action to influence the government or the it is Britain. Currently, the fight against International Non-Governmental Organization, terrorism in the UK is in line with the to intimidate the population, and to promote CONTEST (Counter-TErrorism STrategy) political, religious or ideological beliefs. strategy and has a comprehensive approach. Paragraph 2 of art. 1 shows the features under The first version of the strategy was adopted which an act will be considered as a terrorist in 2003, its updated version (CONTEST 2) was act: acts of violence, serious damage to adopted in 2009 and the last one is in 2011, property, leaving at risk the live of a person not although the main principles of the three performing the act, creating a high risk to the versions are the same. CONTEST focuses not health or safety of the population, a significant only on identification and prediction of the disruption of the electronic system. Part 6 of the terrorist activity, but also on investigation of Act deals with terrorist crimes and criminal the causes of extremism in order to deprive liability for them: art. 54 refers to conviction of a

76 European Science 3/2019 European Science Law person who receives or provides instruction for Art. 5 of the Act provides for criminal liability training, creation or use of firearms, chemical, for preparing to commit a terrorist act or for nuclear or biological weapons, and explosives. assisting another person in preparing for a In case of an indictment, the person shall be terrorist attack. Criminal punishment for this sentenced to imprisonment for a term not crime is imposed in the form of life exceeding ten years or to a fine, or to both imprisonment. The law imposes a maximum types of punishment, and in case of a summary sentence of up to 10 years or a fine (or both) for proceedings - to imprisonment for a term up to instructing or presence at the venue of the six months or a fine, or to both types of instructing. Art. 9 and art. 10 prescribes life punishment. imprisonment to the perpetrator for creation, In 2001 there was adopted the Act on fight possession, disposal and use of hazardous against terrorism and on crime and security radioactive devices or materials. A person [14]. convicted of threats to use radioactive and Part 5 of this Act (Law) contains rules on nuclear devices or materials shall be sentenced religious and racial hatred. A person guilty of to the same punishment (Article 14). crimes related to inciting hatred and fear shall Some articles of the Terrorism Act of 2006 be liable to 7 years’ imprisonment. Section 6 amend the Terrorism Act of 2000 by of the Law establishes responsibility for increasing the term of imprisonment, for production, transfer, possession, use of example in art. 13 the maximum punishment weapons of mass destruction in the form of for storage for terrorist purposes changed life imprisonment (Article 47). Art. 113 of the from 10 to 15 years. Law provides for the criminal responsibility for In 2008, the Anti-Terrorism Act was actions with the use of harmful substances adopted in order to increase police powers in intended to influence the government or to this area [16]. The police had the right to: intimidate the population or part of the intercept materials for investigation, take DNA population. In summary proceedings, samples and fingerprints from suspected imprisonment for a term up to six months or a persons, confiscate property of convicted fine not exceeding the statutory maximum (or persons, register and monitor persons both) is imposed, and at conviction - convicted of terrorism, unhindered entry into imprisonment not exceeding 14 years or a fine the premises for the purpose of apprehending (or both). The Law obliges any person to suspected persons who were trying to hide. In inform the constable about information England and Wales, the maximum period of concerning a terrorist act that he or she is detention could be increased from 28 to 42 aware of. Otherwise, he will be punished: in days in certain circumstances. The Act summary proceedings - in the form of supplemented the definition of terrorism by imprisonment for a term up to 3 months or a adding racial, political, religious and fine (or both), and at conviction - ideological reasons. imprisonment for a term up to 2 years or a In the following years, amendments were fine (or both). introduced to previously adopted laws. In In 2006, there was drafted and introduced 2011, the Prevention of Terrorism Act [17] the Terrorism Act [15], which enshrined new was adopted, canceling control orders and corpus delicti for crimes related to terrorist imposing restrictions on traffic, commu- activity. In England and Wales for publishing nication and financial activities through the statements that could be understood by the “TPIM” notification system. public as support for terrorists, the guilty In 2015, the Counter-Terrorism and person could be punished by up to 12 months Security Act [18] was adopted to prohibit of imprisonment or a fine (or both) and at traveling abroad to commit a terrorist act and conviction upon summary judgment. - then return to the UK. The law establishes imprisonment for up to 7 years or a fine (or criminal liability for commission of such a both). In Scotland and Northern Ireland, in crime. In the case of an indictment, the guilty case of a summary proceedings –maximum person shall be sentenced to imprisonment for imprisonment could be 6 months or a fine (or a term not exceeding 5 years or to a fine or to both). For distribution of terrorist publications, both; in summary proceedings in England and the maximum punishment is imprisonment for Wales, to imprisonment for a term not a term up to 7 years. exceeding 12 months or to a fine, or both; in summary proceedings in Northern Ireland, to

European Science 3/2019 77 Law European Science imprisonment for a term up to 6 months or a activities on preparation for terrorist attacks fine not exceeding the statutory maximum, or will now be punishable by up to 15 years of both; in summary proceedings in Scotland, to imprisonment. imprisonment for a term not exceeding 12 New legislative act gives to the Interior months, or a fine not exceeding the statutory Minister additional powers, empowering him maximum, or both. to determine, upon the consent of the The law extends the powers of the police to Parliament, areas outside Britain within which monitor the actions of persons who pose a subjects of the United Kingdom under the security risk. There has been provided an pretext of the need to protect them from the opportunity to remove passports at the border threat of terrorism, cannot stay in, or in which to establish involvement in terrorism, as well they cannot enter. And those Britons who do as the procedure for temporary alienation and not follow these instructions and either permission to return to the UK, to improve the penetrate the area or do not agree to leave it security of air, water and maritime borders. may face imprisonment for up to 10 years. In April 2019, UK authorities intensified According to the provisions of the said act, counter-terrorism measures by introducing a it is illegal to express any support for new law on fighting against terrorism and prohibited organizations, as well as to publish border security [19]. The law increases the an image of their flags, emblems or forms, maximum term of imprisonment for a number which would allow to assume that the author of crimes. For example, promotion of of these statements and publications may terrorism, distribution of publications of either belong to or be a supporter of the terrorist content and a number of other prohibited organizations.

Conclusions Terrorism is prosecuted by almost every state of the world. The basis for this is international law, which provides an opportunity to prosecute terrorists in any country, as well as national law, which is based on the rules of international law and takes into account the specificities and traditions of specific states. According to the results of a comparative and legal study of the criminalization of terrorist activity in foreign countries, it has been established that by the beginning of the XXI century there have emerged three models of anti-terrorism legislation in the EU: complex (Italy, France), criminological (UK) and criminal-legal (Germany, Spain). In our opinion, the best integrated model for working out anti-terrorist legislation is the one that combines criminal-legal and criminological rules. Noteworthy is the experience of French and Spanish law on establishing the liability of a legal person that provides any assistance to terrorists for terrorist purposes (Articles 121-6 of the Criminal Code of France; Articles 576-1 of the Criminal Code of Spain); of no less interest is § 129a of the Criminal Code of Germany, which establishes responsibility for creation of terrorist groups; in addition, quite interesting is the experience of the Netherlands and the UK in criminalizing stay in terrorist- controlled territory in the absence of permission from relevant officials (the Minister of Justice and Security or the Interior Minister). For Ukraine, the problematic aspects of the European security policy in the field of counter- terrorism, which are manifested at the present stage, are relevant given the necessity to take into account the European experience to improve the mechanisms of implementation of the state anti- terrorism policy, the development of the Concept of Countering Extremism and Terrorism. Active participation of Ukraine in the system of ensuring international security, as well as the increase of migration flows from the regions of terrorist activity, the instability of the internal political situation, put the issue of counter-terrorism into the plane of increased attention with regard to taking effective measures to prevent the terrorist threat.

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References 1. Stanich V. S. Criminal Code of the French Republic / edited by V. L. Menchinskyi. Translation into Ukrainian by – K. I. Mazurenko. – K. : OVK, 2017. – 348 p. 2. Criminal Code of the Italian Republic. URL: http://www.altalex.com/documents/codicialtalex/2014/10/30/codice-penale (date of reference: 01.11.2019) 3. Serebryakov A.V. Foreign experience in criminalizing the promotion of terrorist activities // Bulletin of the Krasnodar University of the Ministry of Internal Affairs of Russia. 2010. ȹ2. p.35-41. 4. Stanich V. S. Criminal Code of the Kingdom of Spain / edited by V.L. Menchinskyi. Translation into Ukrainian by O.V. Lishevska. – K.: OVK, 2016. – 284 p. 5. Criminal Code of Austria / Scient. audit. and introductor. article doctor of jurisprudence, prof. S. V. Miliukova; preface of Prosecutor General of Austria, dr. Ernst Eugen Fabrizy; translation from German by L. S. Vikhrova. Saint-Petersburg: Publishing house «Legal center Press», 2004. 352 p. 6. Criminal Code of the Federal Republic of Germany: scientific and practical commentaries and translation of the text of the law. – 2nd ed. revised and expanded. – Moscow: Prospect, 2016. – 312 p. 7. Code penal [Electronic resource access mode]. URL: http://www. ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&table_name=loi&cn=1867060801 (date of reference: 01.11.2019) 8. Romanovsky G. B. Criminal law measures to counter terrorism in the Netherlands // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia.2019. ȹ 2, p. 34-40 9. Wetboek van Strafrecht. URL: https://wetten.overheid.nl/ BWBR0001854 / 2019-01-01. 10. Wet van 24 juni 2004 tot wijziging en aanvulling van het Wetboek van Strafrecht en enige andere wetten in verband met terroristische misdrijven (Wet terroristische misdrijven) [Law of 24th of June 2004 amending and supplementing the Criminal Code and any other laws relating to terrorist crimes (Terrorist Crimes Act)]. Available at: https://zoek.officielebekendmakingen.nl/stb-2004-290.html. 11. Stanich V. S. Criminal Code of the Republic of Poland/ edited by V. L. Menchinskyi. Translation into Ukrainian by V. S. – K. : OVK, 2016. – 138 p. 12. Silke, A. (ed.) The Psychology of Counter-Terrorism, Routledge, London – New York, UK – USA. 2011. 13. Terrorism Act 2000. URL: http://www.legislation.gov.uk/ 14. Anti-terrorism, Crime and Security Act 2001. URL: http://www.legislation.gov.uk/ 15. Terrorism Act 2006. URL: http://www.legislation.gov.uk/ 16. Counter-Terrorism Act 2008. URL: http://www.legislation.gov.uk/ 17. Terrorism Prevention and Investigation Measures Act 2011. URL: http://www.legislation.gov.uk/ 18. Counter-Terrorism and Security Act 2015. URL: http://www.legislation.gov.uk/ 19. Counter-Terrorism and Border Security Act 2019. URL:http://www.legislation.gov.uk/ukpga/2019/3/contents/enacted/data.htm

European Science 3/2019 79 Law European Science

SOME PHILOSOPHICAL-LEGAL ASPECTS OF THE EFFECT OF GLOBALIZATION PROCESSES IMPACT ON THE DEVELOPMENT OF LAW IN THE CONTEXT OF MODERN STATE CREATION

Uliana Oliinyk PhD in Law, Associate professor of Theory and History of State and Law Department of Khmelnytsky University of Management and Law Named after Leonid Yuzkov, Khmelnytsky, Ukraine

UDK 340.12

Abstarct. The article analyzes all the positive and negative aspects of the impact of globalization processes on the development of law after proclaiming Ukraine's independence. The main directions of the legal reform aimed at improving the quality of the current legislation are highlighted. Attention is drawn to positive impact of globalization, which is traced in the gradual disappearance of legal differences in the unification and universalization of law, its regionalization, humanization and harmonization acceleration and updating processes of legal development. The negative side of the impact of globalization on the law is reflected in a sharp increase of the number of regulatory legal acts, the destruction of cultural identity, uniqueness, uniqueness of a particular society, its legal values and traditions. It has been concluded that the value of the law today in the conditions of globalization lies precisely in meeting the individual and group needs of humanity. Keywords: globalization, value of law, civilization, transformation, positive law, legal reform, legislation, individual and group interests, modern society.

Introduction The essence of the globalization process always tends to be discussed within the economic disciplines. Undoubtedly, this process is multifaceted, versatile, ambiguous and covers all spheres of society, and law is a factor that leads this process in a certain direction. That is why it is necessary to make a philosophical and legal analysis of these issues. Characteristic of the philosophical and legal understanding of the impact of the process of globalization on the development of law is that the basis lies in the relationship "person-state-law" in their essential relationship, taking into account the nature of relations between them, causality and contradictions between them. A fundamental feature of studying the philosophical and legal dimension of the impact of globalization processes on the development of law in the modern state is their interconnectedness, interdependence with human perception and attitude to them. Nowadays, the value of globalization in Ukrainian society consists in the fact is that it serves as a unifying factor that shapes social integrity and consciousness, which in turn is reflected in compulsory prescriptions - the rules of law. Analysis of research. Studies of the development of globalization and its impact on modern society can be found in the works of B. Balashshi, E. K Rose, F. Ruth, P. D Suther Land, J. Soros, J. T Stewart. Ways of making a globalization impact on economic processes are covered in the writings of O. Belorus, A. Galchinsky, G. Klimko, D. Lukyanenko, Z. Lutsyshyn, Y. Makogon, V. Novitsky, O. Plotnikov, O. Rogach, V. Rokochy, A. Rumyantsev, A. Semenov, A. Filipenko and others .

The purpose of the scientific article is to impact on the Ukrainian legal system after its make a philosophical and legal analysis of independence had been adopted. positive and negative factors of globalization

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Outline of the main material. The name changes and warnings. As V. Strelchuk notes, of the process of globalization derives from this multifaceted, all-encompassing, and the English words “globe” – “the earth, ambiguous phenomenon has penetrated all “global” – “world”, and "to globalize", spheres of human life. Globalization is one of "globalization" – “to spread across the planet, the main features of civilization development to acquire a worldwide character”. In the mid- of the end of the XX - the beginning of the XXI 1960s, W. Moore introduced the concept of century [ 4, p. 354]. "global sociology" and M. McLuhan introduced According to O. Sidorenko, one of the main the term "global village." It was not until the tasks of law is to manage globalization, mid-1980s, when Ronald Robertson, one of harmonize its processes and counteract its the most famous experts on globalization, negative consequences. Law must be an introduced and began to promote the concept instrument of globalization and, at the same of "globalization". In fact, the theory of time, a means of managing its processes. At globalization emerged. According to Ronald the same time, the process of globalization in Robertson ‘Globalization is a historical process the legal sphere is developing in two of intensifying contacts between different directions, which form a single process of law parts of the world, leading to the growing transformation. On the one hand, the impact similarity and uniformity in the lives of the of globalization processes on law is obvious, peoples of the planet’ [1] . resulting in the approximation and con- Today, in the context of globalization , the vergence of law. On the other hand , by role of the principles of law in regulating means of the right of law, attempts are made the dynamism of social relations to direct globalization in a certain direction, is significantly increasing, human rights and for example, the introduction of adapted freedoms, and the task of securing them at norms of other states, into national legal the level of modern positive law are becoming mentality and other cultural characteristics more relevant . The philosophical and legal [5 , p. 7]. analysis is subject to some changes, According to R. Biryukov ‘Globalization transformations, improvements that occur in significantly influences the transformation, law under the influence of globalization; how change and modernization of legal institutions, globalization processes affect the changing norms and relations at the global, regional and nature of law, which is gradually recognized national levels, stimulates, accelerates and as a regulator of public relations not only at updates the processes of universalization in the national, but also at global and international field of law’ [6 , p. 37]. T.S. Glazatova, on her levels [ 2 ] . behalf, identi-fied the following main trends in Globalization is attributed to as a process the deve-lopment of law in the context of that encompasses all the states in the globalization: direction of approaching different legal 1) the universalization of law, which means systems, their interaction and interpene- the process of consolidation in national law tration. On this background, the category of of generally recognized norms and ‘legal life’ concerns not only an individual principles of international law as an society, taken within a particular state, but integral part of the national legal system; the totality of the legal systems of the world 2) regionalization of law - the process of legal [3, p. 115] . regulation of international relations, the Regarding the very essence of the concept subjects of which are territorial (regional) of ‘globalization’, we note that in associations, as well as individual regions the philosophical and legal dimension D. of states; Goldman defined it as a progressive network 3) the mutual influence of the current legal of relations between the things of the systems by leveling their specific features, objective world [ 4, p. 359]. Globalization convergence, mutual penetration of legal caused changes that led to a comprehensive systems, etc.; variety of international public relations, 4) humanization of law - the objective including legal spheres. Under the influence of conditionality of the impact of globalization globalization processes development, trans- on law is that the rules of law embody the formation, modernization of existing po- principles of humanism, the rule of sitive law take place, and therefore there is a universal values, human rights and need for a philosophical and legal study of its freedoms, law and order, etc.;

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5) the harmonization of law implies the that implementation of other processes of process of its approximation with the law globalization in their positive meaning of other states, which is manifested in depends on." [10 , p. 257]. At the end of the bringing the law in compliance with the twentieth century globalization has principles and norms of international law; encompassed the legal, political, 6) the liberalization of law is the process of ideological, social and other spheres of public introducing the principles of liberal ideology life, acquired humanitarian, philosophical, (the rule of law, democracy, human rights. philosophical, moral and ethical aspects of its into the domestic law). dimension. By directly affecting the Thus, the development and functioning of consciousness of both an individual and law as a dynamic phenomenon are influenced society as a whole, globalization has become by various external and internal factors comprehensive and irreversible. Its essence is manifested in the globalized world, such as the integration of different spheres of social the universalization of rights, regionalization life of states on the basis of civilization of law, domestic law changes under the standards, which are determined by the influence of international law, mutual legal Western system of values. system, humanization and harmonization of The process of fixing human rights in the law, liberalization of rights having their basis positive law of states in the twentieth century at the very beginning of the legislative is explained by the events of World War process. II. According to S.S. Alexeev, historical events Today, people are aware of the authenticity of the twentieth century, which put humanity and value of law in its natural component, on the brink of death, showed that there is no which is a characteristic of the upward other institution than human rights, which movement of law, its internal change, and the would reflect its freedom, sovereignty, achievement of higher human values is the independence, resisting the arbitrariness and main goal of legal progress of tyranny of state power. Human rights are society. According to O. Kostenko, this idea is understood as such ‘intended to assert, of particular relevance today, as modern regardless of the state of society, the high society needs a new jurisprudence that would dignity and freedom of man , high spiritual provide modernization of our legal thinking for and moral principles, and in this respect, first the sake of building a progressive social order of all, to protect a man as a highly spiritual [8 , p. 85]. According to V.S. Nersesyantsa, creature being from the will of the most ‘Formation and development of law (from its powerful force in society - the state power, primitive to modern advanced forms)’, in all his desire to rule over a person’[11 , p. 621]. its peculiarities of national systems of law, in Therefore, human rights in democratic its content is "the history of its increasing states do not only lag behind positive laws, universalization and unification, the history of but also have priority over them. Modern the movement to the increasing global law" globalization processes, as well as the human historically progressive properties and rights protection system, have their origin in characteristics of developing law are the formation of the United Nations expressed, enshrined and enforced both in (UN). Since the attempt to prevent the start individual national-state systems of law and in of the Second World War by means of international law ”[ 9, p. 40]. Human rights international legal mechanisms proved to be are of natural origin. They are inextricably unsuccessful, the countries of anti-fascist linked to the existence of man as a living coalition developed legal rules and being: the right to life, to freedom in all mechanisms for their implementation in its manifestations, the right to respect for accordance with new ideas and orders in the human dignity, to resist oppression, and so world [12 , p. 87]. on. These rights are inalienable and do not In this context, it is worth mentioning the have a dual interpretation, as any encroach- legal reform, which is an indispensable ment on them is forbidden. attribute of the development of law in our It is in the field of human rights , namely country. Bearing in mind the legal reform, it their regulation and development, that should be emphasized that the content of the the process of globalization is the most rule of law is determined by the quality of the important, the most constructive, since, as S. current legislation. It is necessary to abolish Alekseev argues, it is the right (human rights) those laws that do not meet the needs of

82 European Science 3/2019 European Science Law social life, develop and adopt new standards Today, society is increasingly recognizing adjusted to objective needs of a today’s life itself as a holistic phenomenon, coming to the and meet the best practices of law with a realization that overcoming crisis in a state democratic tradition and a classic market depends on the common efforts of all peoples. economy. The progressive expression of the process of In this sense, the real content of the rule of globalization has become the formation of the law is determined by the quality of the current fourth generation of human rights, established legislation. Inefficient laws create the basis for by different international treaties. These rights formalism, hypocrisy, corruption, destroying include rights to peace and security, a healthy the very idea of legitimacy. As a well- environment, access to the economic, known Russian lawyer V. Yakovlev pointed scientific and cultural potential of humanity, out, ‘we need not only laws, not only the etc. [15, p. 633–634]. Among the conditions power that would obey the laws, not only the that in the future may help to optimize the rights and freedoms of citizens proclaimed by protection of human rights and freedoms at the laws - we need such a regime of social life the national and international levels are the which would demand the law to be abiding for following measures: accelerating the process an average citizen, and for the chief executive of formation and development of all branches officer of our country, any government, of law and the legal system in administration, etc. there must be a me- general; preparation and formal approval by chanism ensuring that the law is obeyed by all the state of a comprehensive concept or set of people’ [13, p. 25]. concepts in the field of human rights and The rule of law in the legal system must freedoms; preparation and formal approval of become a real state of social life. It is a nationwide declaration of human rights and necessary to substantially limit the freedoms or a declaration on certain types of departmental rulemaking, as by-laws which rights (political, economic, social, cultural, etc often destroy, distort the positive potential of .); drafting by the state a Human Rights and laws are passed against the law and paralyze Freedoms Code and an International or its effect. European Human Rights Code; preparation An important component of legal reform and approval of a program or set of programs must be reform of the judiciary. The main for ensuring human rights and freedoms, etc. areas of word-law reform include: [16 , p. 7]. 1) creation of an effective mechanism to In the conditions of globalization, prevent the influence of the legislative and interaction, mutual influence and mutual executive power on the content of judicial enrichment of law, legal cultures, legal decisions; systems of society have become traditional. 2) protection of the courts from any influence Therefore, along with categories such as of political parties and public about harmonization, unification, universalization, associations; implementation of law, etc., legal convergence 3) recognition of the rights of citizens to be (convergence in law), facilitating the heard by a competent, independent and identification and comprehension of simila- impartial court in the terms established by rities between different legal cultures, legal the law of time; traditions, law and order has gained great 4) appealing misconduct in any court; importance [17, c. 8]. 5) determination of the fundamental Modern society, being developed in the principles of the legal status of the judges conditions of globalization, is a combination of (independence, inviolability etc.); different cultures in a single world space. In 6) exercise of judicial power only by a court; the process of shaping the rights of a 7) introduction of the jury into the process of multicultural society, various changes have court proceedings. occurred in its philosophical concept. In line When reforming the judicial system, it is with social changes, approaches to under- very important to prevent the independence standing the legal reality are also trans- of the court and judges from not turning into formed. One of the new philosophical concepts ‘independence’ from everything, transfor- of a globalized society is the idea of mation of the judiciary into an uncontrolled multiculturalism, that is the integration of ‘state in the state’ [14, p. 350]. different legal cultures with the simultaneous preservation of these cultures and ways to

European Science 3/2019 83 Law European Science ensure their interaction and enrichment in being entrenched in law, become terms of equality [18 , p. 3]. legal. Transformations in society lead to a Nowadays, one of the effective ways to change in its values, and therefore the impact respond to the circumstances of globalization, of globalization processes on the social life of is a comprehensive understanding of this people give rise to the development and phenomenon at both philosophical and legal change of legal values. All legal values are level, so that minimize the negative impact of derived from the main social value - a globalization on human life and society, as person. Legal values are understood not only well as to promote the positive aspects of as values embodied in law, but values globalization, in particular, through the expressing the ‘spirit’ of law and are implementation of generally recognized reflections of the principles of justice and European and world legal standards , freedom. principles and values [19, p. 361]. Any right arises and functions in close connection with the public values, which,

Conclusions Thus, the value of law is its ability to be a means of meeting new, necessary, progressive needs of society and its individuals. The positive impact of globalization can be seen in a gradual disappearance of cultural differences, unification and universalization of law, its regionalization, humanization and harmonization, acceleration and updating of the processes of legal development, borrowing of international experience and application of international principles of law, etc. In addition, the most important institutions of law, such as human rights and freedoms, have been recognized, guaranteed and protected. The negative side of the impact of globalization on law is a sharp increase in the number of regulations, destruction of cultural identity, uniqueness, uniqueness of a particular society, its legal values and traditions. In its essence, globalization is a complex process. It penetrates into all spheres of public life, changing them radically. This phenomenon is rather contradictory, since it has different transformations in every state. The impact of globalization processes has been also experienced by Ukraine since its independence, as it has become open to cooperation with all countries in the world. Our state is a relatively young, so it has a poorly developed regulatory framework. The legal system needs to be thoroughly reformed, and therefore get ready for the changes. Our country is not always ready to resist negative effects of globalization. To avoid such an exposure to a negative impact it is necessary to adapt Ukrainian national legal system to norms and standards of the European legal system.

References 1. Golovatyi M. Be careful - Globalization // Government Courier. - 2002. - September 25. 2. Savenkov A. Strategy for the development of law in the context of globalization. Student Science Forum: V International Student Electronic Scientific Conference February 15 - March 31, 2013 URL: https://www.scienceforum.ru/2013/242/5702 3. Barsukov A. Legal progress as a legal category: diss. … candidate of law. Sciences: 12.00.01. Saratov, 2004. 191 p. 4. Strilchuk V. The phenomenon of globalization in national legal doctrine. Scientific works of the National University "Odessa Law Academy" / edited by M. V. Afanasieva; MES of Ukraine, OUA. Odessa: Legal literature, 2015. T. 16. P. 354–363. 5. Sydorenko O. The legal system of Ukraine in the context of globalization. Theory and Practice of Law. 2016. Volume 1 (9). Pp. 1–13. 6. Biriukov R. Globalization and its impact on the legal sphere. Ukrainian-Greek International Scientific Law Journal “Comparative Legal Studies”. 2009. ȹ 2. P. 36–40. 7. Glazatova T. Modern tendencies of law development in the conditions of globalization: author. diss. … cand. law. Sciences: 12.00.01. M., 2015. 24 p. 8. Kostenko O. What is right? On the basics of "naturalistic" jurisprudence in the light of social naturalism. Law of Ukraine. 2010. ȹ 4. P. 83–91.

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9. Nersesyants V. The processes of universalization of law and state in a globalizing world. State and law. 2005. ȹ 5. P. 36–53. 10. Alekseev S. Favorites. M.: Charter, 2003. 480 p. 11. Alekseev S. Law: Alphabet - Theory - Philosophy: The Experience of Complex Research. M.: Charter, 1999. 712 p. 12. Dmitriev A., Muraviov V. I. Public International Law: Educ. manual. Kyiv: Yurincom Inter, 2001. 640 p. 13. Yakovlev V. Legal Reform: Trends and Prospects // Sov. state and law. - 1990. - ȹ4. - P.25. 14. Nersesyants V. General Theory of Law and State: A Textbook for Juris. universities and faculties. - M., 2000. - P.350. 15. Golovistikova A., Dmitriev Yu. A. Problems of the theory of state and law: a textbook. M.: Exmo Publishing House, 2005. 832 p. 16. Pohorilko V. The Universal Declaration of Human Rights is one of the most important human values of the 20th century. Law of Ukraine. 1999. ȹ 4. P. 7–10. 17. Tykhomyrov O. Legal convergence: to the question of legal interpretation. Legal Systems of the Present: Interaction and Conflict: Int. Round table (July 16, 2016, Odessa). Odessa: Phoenix, 2016. pp. 7–10. 18. Volkova T. The theory of multiculturalism as a synthesis of philosophical concepts of liberalism and communism: author. diss. cand. philosophy. Sciences: 09.00.03. Murmansk, 2006. 22 p. 19. Strelchuk V. The phenomenon of globalization in national legal doctrine. Scientific works of the National University "Odessa Law Academy" / edited by M.V. Afanasieva; MES of Ukraine, OUA. Odessa: Law. L-ra, 2015. T. 16. P. 354–363.

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“WOMEN’S LEGAL STATUS IN THE SOCIETY OF THE POLISH-LITHUANIAN COMMONWEALTH AND THE UKRAINIAN COSSACK STATE (SECOND HALF OF THE XVI-XVIII CENTURIES)”

Nadiya Stengach PhD in History, Associate professor of Theory and History of State and Law Department of Khmelnytsky University of Management and Law Named after Leonid Yuzkov, Khmelnytsky, Ukraine

Abstract. Unlike the rest of Western Europe, in Ukraine the social status of women depended not on the social status of her husband, but on her own property status. The women’s legal status was regulated by the Lithuanian Statutes, which criminal and civil rulings enshrined the principle of equal rights for men and women. By ensuring the property independence of women and their right to inherit the land, the Lithuanian Statute thus legalized wives’ equal legal status with their husbands. It is also noteworthy that divorces in Ukraine at the time of XVI-XVIII centuries was considered a mundane procedure, in contrast to the rest of medieval Europe, and it took place not only in cases permitted by the church but also because of the lack of consent in married life and even because of the loss of trust and love or chronic illness of one of the spouses. The divorce process took place by means of a mutual “protest” with the determination of the material conditions and rights of the children. After all the formalities related to divorce were done, man and woman both were able to enter new marriages. All of that and many more proves that the legal status of women in the society of the Polish- Lithuanian Commonwealth and the Ukrainian Cossack state was quite high and was regulated by the norms fixed by the secular and church legislation and the customary law of the Ukrainian people. Keywords: Lithuanian Statutes, customary Ukrainian law, hereditary property rights, women's rights, Ukrainian Cossack State, Polish-Lithuanian Commonwealth

Introduction In the Cossack’s period of Ukrainian history there are still quite a number of unexplored phenomena. Taking into account the importance of the Cossacks’ influence in the way of life and worldview of Ukrainian people in the XVI-XVII centuries, we would like to note that such an important page of the multifaceted history of that time as the role and status of Ukrainian women remained out of the researchers' sight. Conclusions about women’s status were based mainly on the study of Cossack asceticism, such as Cossacks’ renunciation from families in general and women in particular, concentration of their mental and physical efforts in military affairs. Some researchers of the Ukrainian past genuinely believed that, living on the Dnieper islands, Cossacks were indifferent to the usual worldly joys, neglected family comfort and their own welfare. But of course, the dramatic events of the XVI—XVII centuries, constant wars and bloodshed did not contribute to a civilized way of life, marriage and family either. It should be noted that the topic of Ukrainian women as part of social life in XVI-XVII centuries was studied by historians rather superficially. However, without their presence in the history we shouldn’t hope that the Ukraine will “tell” the whole truth about its past. The history of Ukraine needs a more detailed study, which would depict not only the struggle for the emergence of the Ukrainian state, but also reproduced the daily life of people who inhabited the land on which this

86 European Science 3/2019 European Science Law state was created. It is especially important as for the Ukrainian society the activity of social groups, estates or public organizations was traditionally more significant than that of state institutions.

The main material hereditary property in case if she became an The first one who raised the issues related orphan, but also could have a separate to the status of Ukrainian women was the property while living in the parental home, as historian N. Kostomarov. The other one was a she could receive this property thanks to the Polish historian Anthony I (Joseph Rolle); married sisters or as a gift from her parents. though his works were descriptive at best and The property rights of an unmarried woman to a certain extent had a pro-Polish were the same as those of a single man. orientation, the author clearly distinguished During this period, noblewomen enjoyed the Ukrainian women among Russians or great freedom and legal independence, not at Poles. But the properly scientific study of all inferior to men in the fullness of their civil women’s status in the Ukrainian society of rights. The social status of the female XVI-XVII centuries was started by a famous noblewoman differed from that of noblemen Ukrainian historian academician A. Levitsky. mostly in the fact that only one-fourth of the He was the first domestic researcher who parental homeland was inherited by women in devoted a number of special works to certain the existence of living brothers. This exception aspects of this complex problem. is explained by the fact that Lithuanian feudal Unlike Western Europe, the social status of legislation on the ownership of estates was women in Ukraine at the time of XVI-XVII always combined with the duty of military centuries depended not on the social status of service. If the land was owned by the widow her husband, but on property status of her or women who lived separately from her own. Therefore, noblewomen, regardless of family, she was obliged to supply a certain their marital status, sometimes possessed number of soldiers and not to serve huge latifundies and had a significant social personally. However, women sometimes weight in their lands. This fact was also preferred to apply in the military service noticed by Mikhail Litvin, who visited Ukraine themselves, as did Zofia Yezofova, a noble- in 1550. He wrote that “Tatar and Moscow woman from 1565. women have no man's rights, but our women Although Zaporizhzhya Sich was almost rule many men: some are running volosts, inaccessible to females, the Ukrainian women cities and estates, others are making a profit were connected to the army and military and even getting inheritance.” duties to the point that was almost “Although living under woman’s rule is a unprecedented in Europe during this period. shame even in private house,” said Litvin, The peculiarities of the unstable life in the “they rule our fortresses, even those Ukrainian voivodships near the Tatar borders bordering on Moscow, Turkish, Tatar and determined the necessity of armament, Moldovan lands, which should have to be belligerent character and peculiarity of the entrusted only to the men of great courage.” worldview. Under such conditions, women Women’s legal status was regulated by the were engaged in the same practices as their Lithuanian Statute, in which criminal and civil husbands or brothers. In an area full of rulings enshrined the principle of equal rights dangers, women often had to protect the for men and women. By ensuring women's family hearth and household property. Life on property independence and their right to the borderline granted Ukrainian women inherit land, the Lithuanian Statute thus endurance, independence, and courage, ability legalized women's equal legal status with to stand up for themselves and their families men, which was of great importance. After all, with weapons in their hands. To be convinced it was the legal status that characterized of it, it is enough to read the lines of folk medieval people and dictated their moral songs and Cossack dumas. The image of the qualities. mother, wife, sister, and bride were depicted The age of majority in the first Lithuanian here with sincerity and realistic reflection of Statute in year 1529 was set at 18 years of reality and does not give reason to doubt that age for men and 15 years for women. The the Ukrainian ideal of beauty and femininity of third Statute lowered the women's age of the second half of the XVI-XVIII centuries was majority to 13 years. From that time on, a girl a woman “as beautiful as lightning”, “as became not only a full-fledged owner of flexible as a poplar”, with an “a ruddy face”,

European Science 3/2019 87 Law European Science with “eyes as a thorn”, socially active and with Ukrainian women were taken prisoner as free-loving personality, able at the same time often as men, but their fate was tragiP. The to release prisoners, fight the enemy, run a slave fate waited for them, along with the military unit or manage the land. hard, exhausting work in enslavers’ estates. Anna Borzobagaty-Krasenska, a noblewo- The best and the youngest were sent to the man from Volyn, ran the treasury of the Lutsk harem. Ukrainian captives were highly valued diocese, raided the estates of the gentry's in the slave market for their beauty, neighbors and even refused to comply with intelligence and high physical endurance. the orders and demands of the king himself. The author of the XVI century chronicle, When a general militia of the whole voivodship already mentioned Mikhail Litvin, wrote that was organized against her, this fearless sometimes Ukrainian girls were bought for the woman put on the armor and, running the price of gold, and at once, here on the spot, hajduks, repulsed the gentry's attacks and were resold for profit... “The present Turkish defeated the enemy’s army. emperor has beloved wife,” he wrote, “mother In the year 1584, the noblewoman Milohna of his first-born child and heir, stolen from our Ostashkova with her daughter Sofia organized land.” It was the wife of Turkish Sultan an armed attack on the estate of the Suleiman I Nastia Lisovskaya, who went down nobleman Gnivosha Strizhevsky in the village in history as Roxolana. of Dudnivtsi in Zhytomyr region, causing She was not the only one. Wives of Osman significant damage to the property. II (1618 - 1622), Ibrahim (1640-1648), and Colonel Ivan Donets' sister took a direct Mustafa II (1695-1703), as well as mothers of part as a horseman in the military operations Mohammed IV (1648-1687) and Osman III against the Polish-Szlachite troops in Volyn in (1754-1757) also were Ukrainian women. the year 1649. During one of the attacks, she The active presence of women in Cossack died. traditions and folklore gives grounds to According to the legend, recorded by A. believe that their figure in Cossack society Kovalev, the wife of the Cossack centurion held no less regard as that of a man. Semen Motora, Varvara, took an active part in Women were capable of good or evil deeds the uprising led by Jacob Ostryanin (1638). on an equal footing with men, and in their She especially distinguished herself during the actions, they displayed the moral values of defence of the rebel camp near Zhovnin on their time. “The determined, brave woman,” the Sula River. Ostryanin allegedly ordered wrote about the Ukrainian women Joseph Varvara Motora to shoot the most important Rolle, “commanded great respect and easily people in the enemy camp, instructing six found supporters; society was forgiving of her Cossacks to load muskets and prepare arrows antics”. for her. Women landowners were not exempted As documents testify, in the year 1524, from paying taxes; they were collected after the battle at Pruchnik Castle in Podillya, without any restrictions, as women were the bodies of women dressed in men's clothes considered the full members of society. It’s were found among the killed defenders. also worth mentioning the participation of Women even shaved their heads so that they women in the most important political wouldn't be recognized. decisions. When the Polish king Zygmont Significant power and the influence over Augustus ordered the Ukrainian and Polish the Cossacks of Right-bank Ukraine had a gentry to swear allegiance to the union of the “mother-colonel”, the wife of the Fastovsky Lithuanian principality with Poland, then on colonel Semen Paliy, Feodosiya. The glorious Volyn, along with the male ones, a lot of “Paliyiha” not only knew how to receive female landowners swore allegiance. For ambassadors who came to Paliyava state, but herself and her children, Princess Vasilisa also in the absence of her husband managed Ruzhynska, Princess Catherine Skorupynska, the economic affairs of the Fastovsky Cossack Kashtelanova Lutska, and Mrs Mikhailova Regiment. During the period of her husband's Kozynska pledged loyalty to the king. exile in Siberia, she repeatedly conducted Kozinski's son-in-law, Prince Nikolai campaigns against the Moscowites and the Yaroslavovich, had the right to sign only after Polish gentry, defending the Fastovshchina the matriarch of the family. Thus, the from their encroachments. signature of noblewomen often became decisive in matters of national importance.

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Documents show that women could be Women's patronage was a natural employed and followed as headmen. For phenomenon of the Ukrainian life at that time. example, the position of headman was One of its directions is the establishment of transferred from Jan Danilovich to his wife Orthodox churches, monasteries and schools Sofia. under them. In the memorial of the Kiev- In the year 1613, the right of life-long use Pechersk monastery there are many women and possession of the Vogtei was granted to who made offertory; for example, the widow Ekaterina Kavetskaya, the wife of the Vogt Jan of the Chernigov treasurer Kateryna Ozhigalka. Ugornytskyi handed over all her estates to the According to the contract between the monastery. Elena Gornostaeva, born Princess nobleman Mikhail Dubnitsky and his wife, to of Chartoria, was the founder of the pay off the monetary debt after the death of Peresopnytsia Monastery on Volyn (in 1596). her husband she received the right to own the She wrote the charter for it and arranged a Vladimir Vogtei “with all the rightful power, hospital for the poor and sick at the and with all income and possessions”. monastery, as well as a school for peasant In the year 1576, the noblewoman children. Her sister Sophia opened a printing Bogdana Elovich-Malinovskaya was the Vogt house in her estate in Rachmanov, where of the great city of Lutsk. A conflict arose were translated from Greek into Ukrainian between her and the Lutsk bourgeoisie. The books of the Holy Scriptures, both Evangelical case was settled only after the intervention of and Apostolic. The admirer of the Orthodox the king, who officially forbade violating the faith and general education, Princess rights of Lutsk bourgeoisie. Chartoriysk supported the famous figure of Ownership of estates, full civil rights, and the Lviv Brotherhood Kirill Trankvilion- respect in the society gave Ukrainian women Stavrovetsky, the author of the “Gospel of the of higher classes the right to issue documents Teacher”, published in Rachmanov at the year of different political weight: from adminis- 1619. trative and economic orders meant for the At the end of the XVI century the management of the Vogtei to the granting the monastery of the Church of the Assumption in right of self-government to individual cities, Pochaev was founded by the wife of the Lutsk the distribution of land and property. judge Anna Goiskaya. At the same time the The documents clearly prove the active noblewoman Elena Stetkevich, the wife of the participation of women magnates in the affairs future Hetman of Ukraine Ivan Vygovsky, is of local self-government and their impact on building a church in the village of Yusiptichi. the social and political life of Ukrainian cities. In the year 1637, Volyn gentlewoman Raina As I. Rolle pointed out, noblewomen in the Yarmolinska founded a monastery in her Cossack state were quite active in political estate Zagaitsy in Kremenetsky district. Two life: “They participate in conferences, years later, princess Raina Solomyretska, the meetings, seimas, farmers' congresses, last of the Gojskih family, build the monastery penetrate the courts in general, and even the in Gojci with her own funds. These examples royal court; often are seen around leaders of were not an exception, but rather the norm of the allied armies, whom they no doubt use for life at the time. the sake of their own benefit; in other words, Another area of Ukrainian women's they take a leading role in our lands”. patronage was the organization of new At the turn of the XVI-XVII centuries, when Orthodox schools and support for existing Orthodoxy became a symbol of the struggle ones. Thus, the noblewomen Raina Yarmo- against the domination of the Polish language linska and Maria Mogila actively supported and culture in Ukraine, many worthy women Orthodox schools and monasteries in their defended the Orthodox faith through their districts. Elizaveta Mogyla supported the Lviv patronage and cultural activities. Anna Goiska, Brotherhood, helping it socially and financially. Raina Solomyretska, Galshka Ostrozhska, Elizabeth's daughter Anna Mogila not only Sofia Chartoriyska, Galshka Gulevichyvna, helped the brotherhood, but also entered the Raina Mohylyanka and others have left many register of Lviv brothers herself in 1630. vivid pages in the history of the liberation Galshka (Elizabeth) Gulevichyvna, wife of struggle of the Ukrainian people against the Kiev nobleman Stefan Lozka, was one of polonization. the founders of the Kiev brotherhood of the Kiev Epiphany Monastery and school under it.

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The influential cultural and political figures of It is also noteworthy that divorces in that time, such as Job Boretsky, Isaiah Ukraine at the time of XVI-XVIII centuries was Kopinsky, Afanasy Luzina, and even hetman considered a mundane procedure, in contrast of the Zaporozhye Cossacks Petro to the rest of medieval Europe, and it took Sahaidachny, praised Gulevychivna's actions. place not only in cases permitted by the Thus, the noblewomen patronage of church but also because of the lack of consent Orthodox Church and schools was widespread in married life and even because of the loss of among the nobility and magnate families. trust and love or chronic illness of one of the Women's autonomy and freedom were spouses. The divorce process took place by determined not solely by economic factors. means of a mutual “protest” with the Regardless of their social state, women had determination of the material conditions and the right to independently decide their own rights of the children. After all the formalities destiny in the marriage. It was possible related to divorce were done, both man and thanks to unique legal structure, which woman were able to marry again. existed only in the Ukrainian customary law, Peasant women also had the initiative both named “materyzna”. Materyzna was a dowry in marriage and divorce. Their dowry also was of a woman in the form of real estate or land never dissolved in the family property, but, on which was never included in the family the contrary, was clearly recognized and property, was not divided among family respected. members, and was inherited only through the However, the accessibility of divorce did mother's line and thus constituted a separate not mean that the family ties weren’t strong. women's legal property institute. Historical sources testify that the relations Men's power over women was interpreted between the spouses were warm and based by the church as a law that corresponded to on equal footing; often wives in sign of the hierarchy of the way of life: “The wife is gratitude and without any coercion gave led by a man, a man is led by the lord, and property to their husbands. Most of the the lord is led by God”. However, in real life, endowmentary records ended with a legal the question of marriage and family power formula explaining the reasons for the gift: were often solved contrary to the church “To my husband as a token of sincere love for dogmas. Chroniclers noted cases when in a him and thanks to the same love on his part”. noble family the wife “owned” the husband. A significant number of such records were Materyzna made a woman financially made by men themselves, which stated that independent from her husband during his men also give their wives property as a thank- lifetime and provided widow with means for you note “for marital love and fidelity”. living after his death. Regarding the right of It is also worth considering the status of a property, a woman did not depend on Ukrainian woman in the legal traditions of anybody and was considered to be a free Zaporizhzhya Cossacks. mistress of her own goods, as evidenced by Modern researcher V. Kulchytskyi defined numerous acts of donation, transfer for use Cossack law as “a set of ordinary norms and pledge of women's private property, all of (prescriptions), the vast majority of which which was concluded of women's own free appeared in the Zaporizhzhya Sich”. In the will. Women of all classes had the right to law used by Cossacks, which was recognized delegate the conduct of legal proceedings by both foreign countries and the Polish either to an outsider or to their own husband, government, women were given a special to whom the woman was assigned by law. place. The woman was also free in decision of The Cossacks were not allowed to lead a acquiring her husband's surname, next to family life in Sich itself, and their wives which she “held” her generic name and title. should’ve lived near the Sich in slobodas, In a significant number of cases, women where the Cossacks came to visit them from preferred to sign documents with their maiden time to time. However, women were not name. Moreover, noblewomen and bour- forbidden to participate in Cossack courts. geoisie widely used their own seal with their The Cossack researcher D. Yavornitsky name and coat of arms. They attached this noted that among serious crimes Cossacks seal was to various documents and records counted not only the treason, connection with issued by them. a woman and sodomite sin (extreme debauchery), but also the “injustice done to a

90 European Science 3/2019 European Science Law woman, because a Cossack should glorify a such a shameful sin man was sentenced to woman as it dictated by tradition and law”, burning alive. because such a crime would bring shame to In the system Cossacks’ spiritual values the entire army of Zaporizhzhya. According to the traditions of honoring mothers received sources, Cossack leader Ivan Sirko strictly utmost importance. This turned out to be not adhered to this tradition. As in case of only in the idealization of such notions as injustice caused by one of the Cossacks of the Ukraine-mother, Sich-mother, Cossack saber- captive Turks, Circassians or Tatars, he mother, where Sich and saber embodied the condemned the guilty to death penalty. ideal mother-in-law, but also in the worship of There is no doubt that disregard for the the Mother of God, The Madonna, whom Ukrainian woman was also strictly persecuted Cossacks considered to be their religious by the Cossacks. The death sentences patroness and protector. It was under her recorded in the “Book of troops of the protection that the Cossacks were not afraid Zaporozhye Cossack Pryluk Regiment” say of fire or a terrible sea storm. On all Sich's the that in the year 1707, P. Mikitchenko was church of her name was considered to be the executed for the rape of a Prylutsky woman main one, and the temple holiday in that lived in Grebenichka. According to Zaporozhye was the Feast of the Protection of custom, Cossacks was mercilessly punished the Holy Mother of God. Cossacks worn on the not only for the presence of a woman in the chest of a cross with her image, and a Sich, but also for adultery. For this crime the significant part of churches and chapels, built Cossacks were punished both in Sich and on the lands of Zaporozhye liberties, was Hetmanshchina. In particular, the sentences dedicated to the Mother of God. Icons of the recorded in the “Reference Book” say that for Mother of God were well respected among Cossacks.

Conclusions Thus, the historical sources of the XVI-XVII centuries studied by us prove that Ukrainian women of this period were considerably freer to express themselves and had significant legal rights as the citizens of the state.

References 1. Bolmchevsky-Cherniak M. Feminists Despite Themselves, Edmonton, 1988. 2. Andryushchenko V. Zaporozhetsy and women; Science and society. 1991. ȹ 7. P. 55. 3. Kostomarov N. Two Russian nationalities // Historical monographs and works. Book I, vol. 1. St. Petersburg, 1903. 4. Kostomarov N. Essay of the domestic life and morals of the Great Russian people in XVI-XVII century. St. Petersburg, I860. 5. Antony I (Rolle I.) Ukrainian women. P. 268—269. 6. Antony I (Rolle I.). Women at Chigirinsky court in the second half of XVII century // 1894. January—March. 7. Levitsky O. About family relations in South-West Russia in XVI XVII centuries // Russian antiquity. T. XXIX. 1880. November; 8. Levitsky O. Ordinary forms of marriage in Southern Russia // Kievan antiquity. 1900. January. 9. Levitsky O. Volyn stories from the life of the Volyn nobility of the XVI century, 1914. P. 17. 10. Valikonite J. The First Lithuanian Statute — one of the most important sources on the history of the status of women in the Grand Duchy of Lithuania // The First Lithuanian Statute of 1929: Mother, Conf. “450 years of the First Lithuanian Statute”. Vilnius, 1982. P. 41. 11. Memoirs relating to the history of Southern Russia / Under edition of V. Antonovich. Issue I. Dz., 1890. P. 42. 12. Gurevich A. Categories of medieval culture. MOSCOW, 1984. P. 125. 13. First Lithuanian Statute 1529. Prepared by S. Lazutkina, Z. Gudavicius, Z. Vilnius 1983-1985. Part 1-2. P. 35—40. 14. Acts on marriage law and family life in South-Western Russia in XVI—XVII centuries // Yugoslavia. St. Petersburg, 1909. Ǻ. 3. h. 8. p. 6.

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15. Act book of Zhytomyr city government of the end of the XVI century. C., 1965, P. 83. 16. Mitsik Y. A., Plohiyi S. M., Storozhenko I. S. How the Cossacks fought. P. 151. 17. Antonovich V. Stories about Zaporozkiye Cossacks. 1991. P. 83. 18. Mordovian L. (Levitsky O.) About the marriage in Ukraine-Rus in XVI—XVII centuries. P. 7. 19. Kozyliya O. Womens in the history of Ukraine. 1993. P. 35. 20. Acts of settling of Southern Russia in XVI-XVII centuries // Yugoslavia. T. I, P. 5. 21. Grushevsky M. Barske Starostvo: Historical sketches (XV-XVIII century). Lviv, 1996. P. 307. 22. Grushevsky M. Cultural and National Movement in Ukraine in XVI-XVII centuries // Grushevsky M. Spiritual Ukraine. 1994. P. 245. 23. Ukraine: Cultural heritage, national consciousness, statehood. Issue 5. Lviv, 1998. P. 403. 24. Efimenko P. S. Ordinary law of the Ukrainian people // Ukrainian people in its past and present. Petrograd, 1916. P. 659. 25. Archaeological collection of documents related to the history of North-Western Russia. Vilnius, 1867, T. 4, ȹ 74. P. 255-289.

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ADMINISTRATIVE-LEGAL REGULATION IN THE FIELD OF GENDER IDENTITY: THE ISSUE OF TERMINOLOGY

Lydia Strus Lviv region Appeal Court Judge, Lviv, Ukraine

Abstract. The article deals with the issue of terminology of administrative-legal regulation in the field of gender identity. It is noted that there is a significant difference in the doctrine of administrative law regarding the constituent elements of the mechanism of legal regulation. Using the method of comparison and analysis, the author has identified two approaches to understanding (narrow structural and advanced). The author's definition of administrative-legal regulation in the field of gender identity has been developed on the basis of scientific achievements of administrative-legal and theoretical-legal direction. Keywords: administrative-legal regulation, gender identity, administrative-legal means, mecha- nisms of administrative-legal regulation.

Introduction The pluralistic approach to social being and the humanization of legal reality give rise to individualization as a basic criterion for human existence. The choice of way, style and peculiarities of behavior is characteristic for modern society. This includes choosing the type of gender identity. The natural approach to identity types was widespread by the end of the twentieth century. They are: masculinity (male gender) and femininity (female gender). For centuries, institutional rules have been developed by society to recognize the behavior of men and women, which affects their social and legal status. The modern society places particular emphasis on the internal determinants that provoke a person's choice of social existence, his/her behavior and relationship with the outside world. Gender identity is particularly sensitive, because the classical social approach has discriminatory features. At present, the established moral and traditional norms cannot impose a compulsory choice on the group with which he/she is inclined to identify him/herself. The above said primarily relates to minors. The globalization processes of today have transformed social and later legal reality. The right to choose gender identity now belongs to the individual, not society. Today's globalization society is re-evaluating classic gender stereotypes. A special breakthrough lies in the dramatic reduction of gender differences. Therefore, the above said directly influences gender identity by eliminating clearly defined gender roles. The state cannot differentiate itself from these processes, so the activity of public authorities, public administration should be aimed at ensuring the gender identity of the individual.

Research status. Problems of gender not yet been the subject of a comprehensive identity in legal science were usually dealt scientific research, so the primary task of this with by scholars of the theoretical-legal field scientific article is to define terminological of knowledge, including Y. Bisaga, concepts in this field. I. Zharovskaya, O. Scanun and others. The Summary of the main provisions. The problem of understanding the concept of ordering of social relations is made through administrative-legal regulation has been the external influence. Regulatory activities widely discussed by scholars of the adminis- play an important role here. It is a vital trative field of legal knowledge, including: element of livelihood in all stages of social P. Galunko, S. Goncharuk, I. Golosnichenko, development. Public relations require V. Olefir, H. Yarmaki, and many others. regulation in all spheres and subjects of social However, the issue of administrative-legal reality. As a significant activity in the human regulation in the field of gender identity has existence, regulation can be divided into two

European Science 3/2019 93 Law European Science group characteristics: external influence on psychological, social, ideological and other the subject or sphere carried out by the ways of influencing social reality. Thus, society or state, and internal influence - self- V. Babaev notes that “legal influence and legal regulation as a personal factor of a person or regulation, although directed at public group of persons. relations, however, in their scale, there is a A state cannot exist without the external difference, the essence of which is that legal regulatory activity carried out on its behalf by influence applies to a much wider range of public authorities, implementing generally means, which include education, organization, public policy in a given field. Legal regulation prevention and other means of influencing is the main way of influencing a certain human behavior and consciousness” sphere. N. Parkhomenko notes that "law as a [4, p.212]. historical, social, spiritual phenomenon, as a Legal influence as an activity aspect of the kind of social and normative regulator in a state-legal system implies the formation of variety of ways that influences society and its ideological determinants that will function in development" [1, p.48]. It has the most society, the legal ideology that forms the basis authoritative influence on social relations, of the legal system, the system of legislation, since it acts not as a certain moral and ethical the paradigm of relations within civil society. ancillary regulation, but as a mandatory Legal influence operates through the legal activity aspect, because for the failure to consciousness, legal mentality and legal comply with legal regulatory requirements, culture of both society and the individual, comes a clear legal responsibility defined by since law acts through a person, his/ her the law and controlled by the state. V. Syrykh internal patterns, establishing his/her value or describes legal regulation as "an activity of nihilistic manifestations of legal regulation. the state and society, which is carried out in Within the field of administrative law, there the process of preparation and adoption of the are not so much scientific developments that rules of law, their implementation in specific address the problems of understanding of relations and the application of state coercion legal influence, providing these areas to law to offenders in order to achieve a stable law philosophers and theorists. However, in our and order in society" [2]. opinion, legal influence in the sphere of public However, it should be understood that the administration cannot be dismissed, because very concept of legal regulation should not be it is these additional ideological determinants understood solely by setting rules of conduct that set the basis for the proper functioning of and monitoring their implementation. This the mechanism of administrative-legal legal category is much broader. According to regulation. We agree with N. Onishchenko, the theorists of law, among whom O. Skakun, who notes that "the effectiveness of legal "legal regulation is a state-regulated ordering regulation among many factors is not least of public relations through the law and the determined by the effectiveness of legal totality of legal means, their legal influence - legal functions" [5, p.58]. consolidation, protection and development The regulation of social relations by legal [3, p.488]. methods conducts the legal regulation. Therefore, the main purpose of legal However, the list of relations within the law is regulation is to streamline relations in society. infinitely broad, so we distinguish, depending Therefore, it will be quite reasonable to refer on the subject, different spheres of regulation, to legal regulation any activity of a legal state among which administrative-legal regulation character, aimed at establishing, protecting, plays a leading role. Administrative-legal preserving, and in case of need, improving regulation is a branch of legal regulation. public relations. A. Korenev defines administrative-legal It is also important to distinguish between regulation as a process of consistent use of legal regulation and legal influence. The latter administrative-legal means to achieve the is a broader category. The law has not only a goals of regulating the behavior of participants regulatory, but a much larger list of functions, in public relations [6, p. 60]. Such an including information, education, commu- interpretation is vague and does not reflect nication, orientation, etc. Thus, law exerts a the features of administrative-legal regulation global influence on societies, which fits within itself. the concept of legal influence and provides Therefore, the administrative-legal regula- both legal means of regulation and tion is a state-administered, through admi-

94 European Science 3/2019 European Science Law nistrative-legal means, ordering of public L. Shestopalova includes to structural relations, their legal fixing, protection and elements: norms of law, legal relations, acts development. of realization of rights and obligations, acts of Administrative-legal regulation is formed as application of law, legality, justice and legal a coherent mechanism. And here, in the culture [15, p.157-158]. Such a set of scientific developments of specialists in the elements may be characteristic of field of administrative law, we find a number administrative-legal influence, since it includes of positions. However, all scientists agree that the ideological component of managerial this mechanism provides for the complexity of influence, but given that legal regulation is a this characteristic. K. Shundikov, S. Alekseev narrower concept of a convincing argument, almost evenly position it as a "mechanism of we do not consider such a position. legal regulation – is a complex category, In turn, V. Galunka and V. Olefir include, in which is "a set of all legal means, organized in addition to the defined elements, the a consistent manner, through which the following: principles of administrative law; the effective special-legal influence on social administrative and legal status of the subjects relations is ensured [7; 8]. Without departing of administrative law; individual acts of public from the classical general theoretical administration entities; forms of activity of approach, P. Golosnichenko understands the subjects of administrative law; methods of concept of study through a set of administrative law; administrative-legal regi- administrative-legal means, through which the mes; administrative procedures; efficiency of influence on public relations that arise in the administrative-legal regulation [10, p.324]. process of exercising state executive power is We also tend to consider the composition to realized [9]. be too broad, since it contains additional At the same time, the aim of this activity is valuation elements. Thus, the reference to the determined by the researchers V. Halunko and elements of the evaluation criterion of a V. Olefir, arguing that the mechanism of mechanism such as efficiency needs cla- administrative-legal regulation is the means of rification, in particular an explanation of why functioning of a single system of other evaluation criteria such as legality, administrative-legal regulation in order to legitimacy, clarity of legal regulation are not ensure the rights, freedoms and public legal included in the proposed system. In addition, interests of individuals and legal entities, the concept of efficiency is evaluative in functioning of civil society and the state nature, absolute efficiency cannot be achieved [10, p. 323–324]. Also, because of the by any social system, but the authors do not ultimate goal, which is to build a rule of law, it explain what coefficient of efficiency is defines the mechanism of administrative-legal acceptable and how to calculate it. regulation of V. Khropanyuk, namely, as "a So, by summarizing all the scientific system of legal means by which the ordering perspectives, we sublimate to the pressing of public relations is carried out according to problem of nowadays - gender identity. the purpose and tasks of the rule of law" [11]. Administrative-legal regulation in the field of There is a significant disagreement in the gender identity should be understood as the doctrine of administrative law as to the process of consistent use of administrative- constituent elements of the mechanism of legal means to achieve such public relations in legal regulation. Using the method of which a person can optimally express his/her comparison and analysis we consider it gender identity. necessary to distinguish two approaches. The chosen terminology needs clarification. The first is narrow-structured. Repre- The Academic Interpretative Dictionary sentatives of this approach (K. Valigura [12], understands the concept of "process" as a I. Golosnichenko [9, p.20], Z. Gladun [10, successive change of states or phenomena p.89], S. Goncharuk. [13], H. armaki [14]) that occurs in a regular order; the course of attribute to such elements as: legal norms, development of something or as a set of legal relations and acts of realization of sequential actions, means aimed at achieving subjective rights and obligations, some of a certain consequence [16]. We believe that them also identify acts of interpretation as an regulation as an activity characteristic in legal independent element. reality should act as a certain process, not a The second approach is to provide an system that has in the context of expanded interpretation of the elements.

European Science 3/2019 95 Law European Science understanding the constant, not a prog- And lastly, it is necessary to determine the ressive-developing characteristic. purpose of administrative-legal regulation in The concept of gender identity should be the specified sphere. In the rule of law, a understood as one of the basic characteristics person, his/her rights and legitimate interests of personality and a social construct, which have the highest legal force, is the purpose of lies in a complex organized, holistic, intra- the existence of the state. N. Nizhnik and mental structure of perception of personality O. Mashkova noted that, in general, the goal and is connected with awareness and of administrative-legal regulation is the experience of oneself as a representative of a practical organization of the normal life of certain gender. Of course, the process of society and ensuring the personal safety of identification has internal characteristics, but citizens and the conditions for their material, the external influence, protection, preser- cultural and spiritual development [17, p. 6]. vation and creation of proper conditions for The human-centric ideology of modern the normal course of internal processes - all administrative law requires rethinking in the this has an external legal form. Therefore, it is context of a departure from the purely precisely the public administration bodies that, managerial within relations of executive through a set of measures, through a special power, to its role as a regulator of relations in legal influence, will be able to overcome the society, which recognize the person as an existing problems that exist in the society in axiological primary constant. Therefore, the the specified field, first of all the problem of aim of administrative-legal regulation is to discrimination on the basis of gender. create the most favorable conditions for the individual in the field of gender identity.

Conclusions The author's definition of administrative-legal regulation in the field of gender identity has been developed on the basis of scientific achievements of administrative-legal and theoretical-legal direction, which should be understood as a process of consistent use of administrative-legal means to achieve such social relations in which a person can optimally accept his/her gender identity. According to S. Komarov, the mechanism of legal regulation expresses the active side of translating the normativity of law into the orderliness of social relations [97, p. 52].

References 1. Parxomenko N. (2008). Dzherela prava: problemy teoriyi ta metodologiyi [ Sources of law: problems of theory and methodology]. Kyiv: Yurydychna dumka, 48. 2. Syryh V. (1980). Metod pravovoj nauki: Osnovnye jelementy struktura [The method of legal science: The basic elements and structure]. Moscow: Juridicheskaja literatura, 176. 3. Skakun O. (2001). Teoriya derzhavy i prava: Pidruchnyk [Theory of state and law: textbook]. Kharkiv: Konsum. 4. Babaeva V. (2002). Teorija gosudarstva i prava: uchebnik [Theory of state and law: textbook]. Moscow: Jurist. 5. Onishhenko N. (2010). Zmistovno-funkcionalni xarakterystyky prava (vytoky, postulaty, pryncypy, funkciyi) [Content-functional characteristics of law (origins, postulates, principles, functions)]. Pravova derzhava: shhorichnyk nauk. pracz In-tu derzhavy i prava im. V. M. Koreczkogo NAN Ukrayiny [The rule of law: a yearbook of scientific works of the Institution of State and Law V. M. Koretsky NAS of Ukraine]. Kyiv, 21, 58. 6. Korenev A. (1999). Administrativnoe pravo Rossii: uchebnik v 3-h chastjah. Chast 1 [Administrative law of Russia: a textbook in 3 parts. Part 1]. Moscow: MJuI MVD Rossii. Izdatel'stvo «Shhit-M». 7. Shundikov K. (2001). Mehanizm pravovogo regulirovanija [The mechanism of legal regulation]. Saratov, 28 8. Alekseev S. (1966). Mehanizm pravovogo regulirovanija v socialisticheskom gosudarstve [The mechanism of legal regulation in a socialist state]. Moscow: Juridicheskaja literatura, 48. 9. Golosnichenko. K. (2005). Administratyvne pravo Ukrayiny: osnovni ponyattya: navchal`ny`j posibny`k [Administrative law of Ukraine: basic concepts: textbook.]. GAN.

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10. Galunko V., Olefir V., Grydasov Yu., Ivanyshhuk A., Koroyed S. (2013). Administratyvne pravo Ukrayiny: u 2-x tt.: pidruchnyk T. 1: Zagalne administratyvne pravo. Akademichnyj kurs [Administrative Law of Ukraine: in 2 volumes: textbook Vol. 1: General Administrative Law. Academic course]. Kherson: XMD. 11. Hropanjuk V. (1995). Teorija gosudarstva i prava: ucheb. posob. dlja vyssh. ucheb. Zaved [Theory of state and law: A textbook for Higher Education Institutions]. Moscow. 12. Valigura K. (2016). Mexanizm pravovogo regulyuvannya: metodologichnyj aspect [The mechanism of legal regulation: the methodological aspect]. Visegrad journal on human rights, 2/1, 17-22. 13. Goncharuk S. (2000). Administratyvne pravo Ukrayiny. Zagalna ta Osoblyva chastyny: navch. posib [Administrative law of Ukraine. General and Particulars: Textbook]. Kyiv: NAVS. 14. Yarmaki H. (2006). Administratyvno-naglyadova diyalnist miliciyi v Ukrayini: dys. ... doktora yuryd. nauk: 12.00.07 [Administrative-supervisory activity of police in Ukraine: doctor of law dissertation: 12.00.07]. Kharkiv. 15. Shestopalova L. (2006). Teoriya derzhavy ta prava: navch. posib. [Theory of state and law: textbook]. Kyiv: Precedent. 16. Slovnyk ukrayinskoyi movy: v 11 tomax. Tom 8 [Dictionary of the Ukrainian language: in 11 volumes. Volume 8]. (1977), 343. 17. Nyzhnyk N., Mashhkov O. (1998). Systemnyj pidxid v organizaciyi derzhavnogo upravlinnya: navch. posib [Systematic approach in public administration: textbook]. Kyiv: UADU, 160.

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HIGHER EDUCATION FUNDING IN UKRAINE (REGULATORY AFFAIRS)

Maksym Tymoshenko PhD in Law, Associate Professor, Vice-Rector of Private higher education institution «European University», Kyiv, Ukraine

Abstract. The article deals with the economic regulatory considerations of higher education funding in Ukraine under the applicable statutory. Budgetary and non-budgetary sources are analyzed for financing of higher educational institutions. The role of educational endowment is investigated in higher education funding. It is concluded that the legislation on higher education should be oriented towards the well- balanced settlement of budgetary and non-budgetary sources of higher education funding to enforce its functions and tasks. Keywords: higher educational institutions, educational endowment, funding sources, budgetary financing, non-budgetary financing.

Introduction Adequate financing of higher educational institutions (hereinafter referred to as HEI) is more than one key element for the maintenance of higher education activity, but it is an execution condition for the crucial social function of the state related to equal opportunities to access to higher education for Ukrainian citizens and meeting needs of the society and state in relevant trained specialists. Therefore, the legal regulation of these social relations plays an important role in the mechanism of the HEI system regulation of different forms of ownership. The proper funding allows HEIs to fulfill the following socially important tasks alongside with the statutory ones: 1) maintain the spiritual culture and intellectual potential of society; 2) support educational activity at the appropriate level, quality of specialist training and conducting relevant scientific researches; 3) support the stability of the teaching staff in the higher education system; 4) social protection of the teaching staff, other employees of HEIs, and student body; 5) development of the physical facilities and social infrastructure of HEIs [11, 222].

The literature review The regulatory affairs of higher education funding have been the subject of research for a series of scientists including T. Boholib, I. Gryshchenko, B. Derevianka, M. Dmytryshyn, I. Karzun, O. Krasilnyk, M. Kushnir, I. Lytvyn, E. Martiakova, A. Monaenko, E. Oharenko, T. Ryzha, I. Savchenko, N. Fuchs, L. Shevchenko, I. Shpuhanych, R. Yakubovskyi and others. At the same time, the conclusions they have made require certain adjustment and development due to the modernization of national legislation on higher education going on over recent years.

The research results over financial and economic activity of edu- It is known that for a long time the cational institutions excluded an autonomy of economic development of HEIs was ensured decision-making [15, 6]. Hence, the theo- by full state funding in Ukraine. State retical position on the priority role of the state regulation characterized by activity planning has been widely accepted for the higher and development of educational institutions at education funding, as well as active regulation the level of relevant government agencies, of the mechanism providing educational strict directive centralized state administration services in order to achieve the optimization on the basis of regulatory documents, of various funding sources [7, 11]. immediate subordination and public control

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However, despite the significant role of the education standards, strengthening and state in higher education funding [5, 89], it is expanding the physical facilities [3, 18]. no longer possible to accept the underlaying However, such a definition cannot be accepted premise of priority role of the state funding for the following reasons: first, this definition HEIs of different forms of ownership and does not take into account the legislative management. Since the conditions of the changes under which property (and hence market economy and commercialization of money) is transferred ownership or economic higher education naturally stipulate the jurisdiction to HEIs rather than operating multidirectional HEIs funding from various management; secondly, the funding streams sources in Ukraine, search for the best ways are obviously not limited to the training goals to ensure its functioning and executing its according to the state education standards, as functional role in society. well as strengthening and expanding the It should also be noted that the economic physical facilities, but have an undedicated crisis is objectively and significantly reducing function stipulated by both the legislation and the state budget revenues in Ukraine HEI statute. consequently restricting the state financial With regard to the above mentioned the capacity to maintain HEIs, most notably state financing package should include budget and municipal ones. Therefore, it is probably financing, funding sources of state institu- necessary to agree with the conclusion of tions, as well as self-financing, equity capital, I. Karzun to consider the current trends in the lending and credit, non-repayable financial aid development of the controlled economy [1]. However, the financing system is excluding a significant increase in public monumentally determined by the form of education expenditures over the coming year. ownership, type of the HEI and state That is why it is necessary to look for other educational policy [16, 4]. Taking all of this ways, first of all to ensure efficient use of into account, the procedure of higher available budgetary funds, use of alternative education funding was divided into groups financing sources, involvement of foreign depending on the form of ownership in partners for investments, participation in accordance with Clause 71 of the Law of international programs (for example EU Ukraine "On Higher Education": 1) financing of “Horizon 2020” program), implementation of state HEIs is carried out at the expense of the results of scientific research and experiments state budget on the terms of the state order in accordance with needs of the real economy for training specialists, scientific and and society. [5, 109-110]. pedagogical staff and at the expense of other Higher education funding HEIs are sources not prohibited by the law observing understood in scientific information sources to the principles of purposeful and effective fund mean a concept reflecting economic relations usage, publicity and transparency in decision- during development, circulation, distribution making; 2) the Council of Ministers of the and redistribution of financial resources Autonomous Republic of Crimea, local state generated from various funds and reserves to administrations, local self-government agen- maintain the activity of HEIs; such funding is cies can provide financing of state HEIs in targeted and controlled [7, 17]. It is accordance with the law; 3) the size of incumbent upon us to emphasize a financially government expenditures on the training of backed nature of higher education funding on higher education professionals, as well as the one hand and its targeted nature and training of scientific and pedagogical per- controlled status of such maintenance on the sonnel is established by the State Budget of other hand. Ukraine for the respective year. At the same Ukrainian researcher M. Dmytryshyn time, according to Part eight, Clause 72 of the attributes all monetary funded and unfunded Law, training of higher education professionals assets to the financial resources of HEIs funded through the State Budget of Ukraine in created at the expense of budgetary funds specialties of the relevant higher education and funds received as payment for education degrees established in the amount to provide and other services provided to meet the at least 180 students per 10 thousand people educational needs of the individual, society [14]. and state, been in their possession on the As A. Monaenko notes, “the major role of rights of operational management and used to the state budget is manifested (and finance training in accordance with state experience confirms it for the countries with

European Science 3/2019 99 Law European Science developed market economies), first, its share and gifts; funds received for the execution of in the total volume of higher education specific orders from legal entities and funding to exceed all other financing sources; individuals; loans; funds of foreign secondly, the fact that a state budget is a companies; 3) by type of activity: basic means of government regulation over fund- (tuition fees, revenues from scientific forming and distributing relations as a whole” activities, etc.); ancillary (income from [11, 223]. economic and industrial activities, rental fees, Instead of it, the municipal HEI funding is etc.); 4) by type of ownership: state (state executed at the expense of local budgets and budget funds); private (tuition fees, charitable other sources not prohibited by law in contributions, payment by private entities for accordance with the Budget Code of Ukraine. services, etc.); 5) by a regularity of receipts: Private HEI funding is provided by their permanent (tuition fees, rental fees, etc.); founders and other sources not prohibited by temporary (sales proceeds of property, grants law (Parts four – five, Clause 71 of the Law of and gifts, charitable contributions, etc.); 6) by Ukraine "On Higher Education" [14]). The link to a country: domestic (state budget approach relating to the widest possible funds, legal entities registered in Ukraine, and system of financing sources for municipal and natural persons, citizens of Ukraine); foreign private HEIs generally meets the regulatory (funds of legal entities of other states) [2,18- approval type of legal control and is intended 19; 15, 7]. Diversification of such sources to maximize the financial support of the possesses great economic importance for the respective institutions. university system, because, as E. Oharenko Somewhat different classification of HEI rightly noted., the financial support of the finances is found by following attributes in the Ukrainian higher education system should economic literature: 1) by the point of origin – proceed from the "survival" mode to the created domestically and attracted from "development" mode, from budgetary abroad; 2) by source of formation – received maintenance to the mode of investment in the from budgetary and non-budgetary sources; educational sector [12, 68]. And it is 3) by form of ownership - public, private, impossible without diversification of HEI municipal (corporate, mixed) and non-resident financing sources, thus insufficient attention is resources; 4) by accumulation methods – paid to it by a lawmaker and the Law "On created by fiscal methods and voluntarily Higher Education". formed on a charitable basis; 5) by level of Considering the analysis of the legislation management – centralized and decentralized; and statutes of HEIs, the financing sources of 6) by directions of use – aimed at state and municipal HEIs include the replenishment of current and non-current following: 1) funds from respectively the state assets, consumption, savings; 7) by regularity and municipal budget; 2) funds received from of appropriation– financial resources the provision of paid services; 3) funds constantly received (budget allocations, received from other types of economic activity tuition fees) and non-recurring charges not directly related to education (proceeds (grants, sponsorship contributions, funds for from the leasing of premises, buildings, the execution of individual assignments) [3, equipment, etc.; proceeds from the sale of 18-19]. property; proceeds from the employment of However, such classification is primarily of funds in deposit accounts); 4) voluntary scientific and theoretical importance, and, contributions, donations, grants, gifts. It classification by sources of these funds is should be noted that an important subject of more important for legal regulation and for legal regulation is the financial activity of the the economic-legal approach. Thus, T. Boholib HEI covering the following groups of legal proposes to classify the funding sources for rights and responsibilities of these educational higher education and science by the following institutions: planning its financial resources features: 1) by type of services: tuition fees, (budget revenues and a wide range of non- revenues from scientific activities; income budgetary sources); distribution and use of from economic and industrial activities; rental financial resources for the development, fees; sales proceeds of property; 2) by way of current maintenance, financial support of the formation: the general fund of state and local teaching staff; the execution of financial budgets; own revenues of budgetary obligations to the state in the field of taxation institutions; charitable contributions; grants and other payments to the budgetary and

100 European Science 3/2019 European Science Law non-budgetary funds, as well as the execution or as components of the financial and credit of obligations to banks, other economic mechanism of HEI activities [4; 10]. entities; the implementation of financial As known, endowment widespread in control in HEIs [11, 224]. However, these foreign countries usually: 1) represents a trust issues apart from the regulation of financial fund with a purpose of a non-profit activity obligations to the state are currently outside generally funding education, medicine, culture the purview of the law. and mostly replenished by charitable At the same time, the Ukrainian legislation donations; 2) can invest its funds for profit, also sets some mandatory restrictions on the but obliged to direct all received profits for the use of funds intended for the higher education benefit of those organizations for which it was funding. The following restrictions include: 1) established; 3) has the advantage of its the obligatory allocation of the funds for activity transparency, since the funds can be carrying out the statutory activity of the HEI directed only to the organization for which it in the manner and under the terms was established, and this fund cannot be used determined by the law and HEI statute; 2) the to minimize taxation [8, 22-23]. obligatory inclusion of the costs related to the This concept of endowment is also development of the physical and laboratory embodied in the educational legislation of facilities in the financial plan (budget) of the Ukraine. According to the Law of Ukraine "On HEI with a provision of licensed software Higher Education", HEI due to the procedure products for educational and scientific established by law and in compliance with the activities, as well as work experience statute has the right to establish a permanent internship and undergraduate internship for fund (endowment) of the HEI and to dispose higher education applicants; 3) prohibition of the proceeds of its use under the conditions of the funds withdrawal into the state or local the sustainable fund, as well as to receive budgets received by the HEI as payment for property, funds and material valuables such education, training, retraining, advanced as buildings, equipment, vehicles from training for staff or providing educational government, local government, legal entities services (Parts five – seven, Clause 71 of the and natural persons including as it relates to Law of Ukraine "On Higher Education" [14]). charity assistance. Pursuant to Paragraph 22, We believe that the given guides Part 1, Clause 1 of the Law, a sustainable fund objectively "impose" on a significant adjust- (endowment) of HEI is a pool of funds or ment of the higher education funding due to value of other property intended for invest- the current status of the state financial ment or capitalization for a period not less capacity. However, as experience has shown, than 36 months, the passive income from "budgetary and non-budgetary funding is which the HEI uses for the purpose of carrying closely linked and has unique resource out its authorized activities in the manner constraints in the Ukrainian context. In the identified by a benefactor or a person case of reduced budget financing it is authorized by him [14]. Thus, the law does impossible to expect an increase in the total not limit the composition of the endowment to amount of investment in educational cash only making it possible other value institutions; it would only be a substitute for property to belong to it. At the same time, we budgetary funds from non-budgetary sources agree that the legislation now does not at best" [6, 113]. contain requirements for the structure of the Due to the analysis of the HEI financial endowment moving the given issue at the activity a legal institution of educational discretion of the philanthropists forming the endowment first legalized in the legislation of endowment themselves and transferring it to Ukraine in 2014 deserves a special mention (a the HEI on a contractual basis as a recipient of little earlier the institution was legally charitable assistance. The issues related to enshrined in the Tax Code of Ukraine and in the endowment development, usage and the Law of Ukraine "On Charitable Activity and supplement are shifted towards a contractual Charitable Organizations"). The scientific basis [19, 100-101]. literature mostly considers endowments in the The activity of an individual endowment is field of higher education (also referred to directly regulated by its charter, adopted in educational endowments) as instruments of accordance with the law, particularly estab- charitable activity for the benefit of HEIs [9] lishing the legal status and structure of the fund; goals, procedure of formation, directions

European Science 3/2019 101 Law European Science and arrangements for use of target capital and more charitable activities (Paragraph 5, Part 1, income from it; structure and procedure of Clause 1 of the Law of Ukraine "On Charitable formation of the fund bodies; fundamentals of Activities and Charitable Organizations") [13]. the fund's information policy; restrictions on We have to agree with the opinion of a number conducting transactions with property of scientists that "higher education is interesting constituting the target capital; general for business as both creating its own positive principles of the trust management of image among the target audience of students property, which constitutes the target capital, and graduates for their further involvement in etc. [8, 23-24]. Such legal innovations take the industrial sphere, and from the standpoint of place to one degree or another in the charters conducting scientific (applied and basic) of many Ukrainian HEIs of different forms of research for their own development. Finally, the ownership since 2014, although the interest of business entities (both individuals endowment establishment is a right and not and legal entities) in the endowment means the an obligation of HEIs. practical implementation of public and private The charitable legal nature of the partnerships consequently attesting the degree educational endowment is emphasized in the of corporate social responsibility" [8, 25]. provisions of the Tax Code of Ukraine. Thus, It should be borne in mind that "the in accordance with Paragraph 170.7.5 of the obstacles to the establishment of educational Tax Code of Ukraine, the recipient of a endowments are extremely low reputation of targeted charitable assistance in the form of some universities, lack of free funds for funds is entitled to use it within the period charity and negative memories of studies established by the terms of such assistance, (lack of qualification and attention of teachers, but no more than 12 calendar months bribery, etc.); doubts of potential following the month of receipt of such philanthropists on possible effective directions assistance, except for the aid provided for for funds of university endowments (economy treatment for with the right to use no more is corrupt; bank deposits are not trusted; the than 24 calendar months following the month stock market does not perform many of receipt of such assistance, except for functions; there is no legal land market; receiving charitable assistance in the form of investments in residential real estate are an endowment. If the targeted charitable problematic, universities' investment in assistance in the form of funds is not used by foreign assets is not legally regulated); the acquirer for such a period and is not underdevelopment of the charity in general returned to the benefactor before its and its forms of state support; lack of expiration, then such acquirer shall be obliged specialists able to work with the given funds" to include the unused amount of such [18, 16]. It is also evident that in order to assistance in the total annual taxable income encourage individuals and legal entities to and to pay the corresponding tax. The term facilitate the endowment development, it "endowment" means the amount of funds or should be provided certain tax benefits, which securities contributed by a philanthropist to a so far has not been done within the legislation bank or non-bank financial institution, framework of Ukraine. Therefore, a substantial whereby a charitable aid acquirer is entitled to part of the motivational potential for non- use interest or dividends accrued on the budgetary funding of HEIs has not yet been amount of such endowment. However, such sufficiently implemented in practice. an acquirer is not entitled to spend or alienate Meanwhile three leading models of the principal amount of such an endowment financing educational activities have been without the consent of the benefactor. differentiated in the scientific literature: 1) a It is clear that the charity has a significant free-market model of higher education influence through these provisions over the funding that provides for decentralized intended purpose of the HEI endowment leading management of universities in terms of both to a closer relationship between the HEI as the scientific and educational activities, as well as purchaser of the relevant charitable assistance attraction of financial resources and and the benefactor, who by virtue of the Law of determination of its proportions and Ukraine "On Charitable Activities and Charitable distribution patterns reducing as possible Organizations" could be capable individual or public spending on educational activities legal entity of private law (including a charitable (neoliberal funding policy; M. Friedman, organization) that voluntarily carries out one or F.A. von Gauck); 2) a model of higher

102 European Science 3/2019 European Science Law education funding oriented on the public comes within the first and second models. It market with the active participation of the should be noted that each of these models has state in the development of the national its limitations in Ukrainian conditions, given education system, in particular its financing the current socio-economic situation of the (D. Schumpeter, M. Kondratiev); 3) social state. The first (neoliberal) funding HEIs funding model for higher education oriented model particularly cannot be fully towards alternative integrated society, under implemented due to the existence of a which the state should take full responsibility predominant state subsystem in the HEI for the development of the education system, system; its total implementation can cause financing [17, 79]. It is quite obvious that financial collapse of the mentioned state- given the market conditions of the economy owned institutions and have long-term functioning and the denationalization of the negative results for the whole higher higher education system, the third model is education system. At the same time, the unsuitable for Ukraine under current terms. second (social) model has significant After all, "it is also unacceptable not to use limitations due to the real decline in the market-based management methods in a state's financial capacity to participate in the market economy" [6, 98]. financing of the higher education system. In the meantime the real choice of the higher education funding model obviously

Conclusions Hence, it can be said that the elements of the first and second models are implemented with the advantage of the second (social) and with the prospect of gradual strengthening of the elements of the first (neoliberal) model in the conditions of modern Ukraine. However, some warnings should be made here: the state must constantly seek to fulfill its social function in the field of higher education (applicants for education are temporarily displaced persons, privileged citizens, regional criterion, etc.); the state funding of higher education should take into account the support for the development of promising sectors of the economy, encouraging universities to compete, planning for the future activity of HEIs [16, 6]. Considering this warning higher education legislation should aim at a balanced regulation of the budgetary and non-budgetary HEIs funding sources in order to ensure the fulfillment of its functions and tasks.

References 1. Boholib T. Financial support for the development of higher education and science in Ukraine: synopsis of a thesis. Dr. hab. in Economics: 08.04.01 / T. Boholib; RFI at the Ministry of Finance of Ukraine. - Kyiv, 2006. - 30 p. 2. Boholib T. Financing the development of higher education and science during the transformation period: [monograph] / T. Boholib. - Kyiv: Milenium, 2006. - 506 p. 3. Dmytryshyn M. Development and efficiency of financial mechanism of higher education institutions: diss. PhD in Economics: 08.00.08 / M. Dmytryshyn; Ministry of Education and Science, Youth and Sports of Ukraine; Lviv State Academy of Finance. - Lviv, 2013. - 293 p. 4. Endowment funds of state and municipal educational institutions: organization of activity, status and prospects for development: practical guidance / Ya. Myrkyn (Project Manager), K. Bakhtaraieva, A. Levchenko, M. Kudinova (with contributions from T. Zhukova). - Moscow: Financial University, 2010. - 144 p. 5. Karzun I. Organizational and economic principles of innovative development of higher education institutions in Ukraine: diss. PhD in Economics: 08.00. / I. Karzun; Ministry of Education and Science of Ukraine. Kirovograd National Technical University. - Kropyvnytskyi, 2016. - 270 p. 6. Karpeko N. Organizational and economic mechanism of state regulation of general secondary education development in Ukraine: diss. PhD in State Management : 25.00.02 / N. Karpeko; National University of Civil Protection of Ukraine. - Kharkiv, 2017. - 216 p. 7. Krasilnyk O. Modernization of state higher educational institution financing of Ukraine: diss. PhD in Economics: 08.00.08 / O. Krasilnyk; Ministry of Education and Science of Ukraine; Taras Shevchenko National University of Kyiv. - Kyiv, 2016. - 195 p.

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8. Kushnir M. Endowment as a legal expression of public administration capabilities: foreign experience and national perspective / M. Kushnir // Efficiency of Public Administration. Collection of scientific works. - 2012. - Ed. 30. P. 22-28. 9. Lytvyn I. Endowment as a tool of charitable activity: the practice of legal regulation in the United States of America and the Russian Federation / I. Lytvyn // Scientific journal of the National Academy of Public Prosecutor of Ukraine. - 2014. - ȹ 3. - P. 58-64. 10. Martiakova E. Endowment as an additional funding source for educational organizations / E. Martyakova, E. Martyakova 1 [Electronic source]. - Access mode: www.nbuv.gov.ua/portal/soc_gum/prvs/2012_2/223.pdf. 11. Monaienko A. Peculiarities of financial activity of higher education institutions as law enforcement activities / A. Manaenko // Modern university legal education and science: Proceedings. VIIǟ Int. scientific and practical conf. (Kyiv, NAU, February 23, 2018). - Volume 1. - Ternopil: Vektor, 2018. - P. 221-223. 12. Oharenko E. Improving the regulatory framework of regulation of higher education in Ukraine / E. Oharenko // Our Law. - 2009. - ȹ 3. - P. 49-55. 13. On charitable activities and charitable organizations: Law of Ukraine dated 05.07.2012 // Gazette of Verkhovna Rada of Ukraine, 2013, No. 25, p. 252. 14. On higher education: Law of Ukraine dated 01.07.2014 // Gazette of Verkhovna Rada of Ukraine (BBR), 2014, No. 37-38, p. 2004. 15. Ryzha T. Mechanism of management of financial and economic activity of higher educational institution providing economic development: synopsis of a thesis. Dr. hab. in Economics: 08.00.04 / T Ryzha; Khmelnytskyi National University. - Khmelnitskyi, 2014. - 21 p. 16. Savchenko I. Modernization of the state mechanism of financing higher education in the conditions of its reforming / I. Savchenko, O Chumak // Theory and practice of public administration. - 2017. - No. 3 (58). - pp. 1-6. 17. Theoretical and methodological substantiation of effective financial and economic models of higher school development: monograph / under general editorship of Corresponding Member NAPS of Ukraine, Dr.hab. in Economics, prof. I. Gryschenko. - Kiyv: Institute of Higher Education, 2015. - 236 p. 18. Shevchenko L. Endowment funds in the investment strategy of foreign universities / L. Shevchenko // Ukraine: aspects of work. - 2015. - ȹ1. - pp. 8-16. 19. Shpuhanych I. Legal regulation of charitable endowments in Ukraine / I. Shpuganich // Scientific Bulletin of the International Humanitarian University. Series: Law. - 2017. - ȹ. 28. P. 100-103.

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THE RIGHTS OF INGUMANS: PILOSOPHICAL AND LEGAL OUTLINE

Viktoriia Vovk Doctor of Law, Professor, Professor of the Department of Theory and History of State and Law of Khmelnytsky University of Management and Law named after Leonid Yuzkov, Khmelnytskyi, Ukraine

Rostislav DzȈliuzhnyj Doctor of Law, Professor, Professor of the Department of Theory and History of State and Law of Faculty of Law, National Aviation University Kyiv, Ukraine

UDK 340.12

Abstract. The article, in a staged version, brings up the question of the rights of beings not belonging to the biological specie “homo sapiens”. Based on an analysis of the worldviews that characterize the modern world, and examples from jurisprudence, the authors argue that inhumans as a class of beings are now entitled. At the same time, the initiators of recognition of the rights of inhumans are the people themselves. Keywords: people, inhumans, rights, obligations, precedent, responsibility.

Introduction The topic of the rights of inhumans has not become a textbook for philosophical-legal and theoretical-legal studies yet, as well as the concept of “inhumans” (with emphasis on the second syllable) is not widespread. Nevertheless, these issues are relevant to practical jurisprudence. The articulation of this topic in the provisions of international documents and in the standards of specific legal systems reflects the real problems of a legal nature that require theoretical overview.

Analysis of the latest researches and articles we can refer to the works of publications O. Yastrebov [1] and G. Romanovskyi [2]). There are no complex philosophical-legal Therefore, when considering the stated and theoretical-legal researches of this problem, we used a wide philosophical source problem up to now (at the level of scientific base, refinements in the field of legal sciences

European Science 3/2019 105 Law European Science and court decisions. In writing this article, a This was the position of the US court; the considerable amount of Internet material has opposite decision was made by the Argentine been used, which in the context of new court in 2014. According to this decision, approaches to the construction of legal reality orangutan Sandra should be considered the is quite reasonable. same subject of human rights. Animal rights Presenting main material activists have taken advantage of the fact that So, who1 do we call inhuman? Today, there 28 years old Sandra was kept in the Buenos are two known groups of inhumans whose Aires Zoo, but should be considered and rights are defended by humans. These are perceived as human in a philosophical rather animals as a natural endowment and the than biological sense. Referring to R. result of human genius - clones (cloning Caffaroni's work “Criminal Law. The General issues are not raised in this article). Part” [4] the court urged lawmakers to Within the stated theme special attention is reconsider the attitude to animals as to the paid to animal rights. There is a non- things [5]. governmental organization in the United Camel Ali became a striking symbol of the States called “The Movement for Inhuman animal's high feelings, including friendship. In Rights”, which sees its purpose in upholding October 2019, Mr. Frederiksen (Prime Minister animal rights in court. According to public of Denmark) presented to the country's activists, the main idea that allows to file a Parliament a new law banning the use of rare lawsuit is the proximity of the human genome animals in circus performances. During the and some animal species. Historically, the first discussion, it turned out that after the law was such lawsuit was a claim to protect the passed, the government agreed to buy four chimpanzee Tommy, who lived in a cage and elephants from one of the circuses, but there was the property of his masters. The lawyers was a problem. It turned out that the elephant of the said human rights organization argued Rambolin is friends with camel Ali. That is why that US law contains the general concept of the Danish government decided to buy a “human” and may extend to primates, since camel with the nickname “Middle Eastern”, their DNA is 98% identical to human DNA. along with the elephants. Despite the Following such legal logic, the applicants curiosity, at first glance, the situation, the requested the extension of Tommy's Danes confirmed the presence of feelings in warranties (habeas corpus) and, animals and the need to take them into consequently, his release from prison. The account [6]. final decision in this case was made by the There is another topic in real law practice, Court of Appeal of New York on December 4, in particular inheritance law. This is the 2014, which emphasized that the “habeas appointment to be the heir to a favorite corpus” rule does not contain a reference to a animal – a dog or cat (or their group). human as a rightsholder using the term In terms of biorobots, the most famous “human”. At the same time, the court said of them is Sofia, which is referred to as that the law should not define the term subgroups of humanoids or gynoids, or "human", by default, assuming that it is he cyborgs. Mankind has not yet determined and only he – “human” who has rights and who it was that it created. Sofia as a fruit of freedoms. Upon American case law, it was human creative activity has citizenship, and enough to point out that history do not know therefore all the rights of a Saudi Arabian any case when “habeas corpus” referred to citizen must be enshrined in it, that is, as a the animal. The court, based on the principle general rule, it is legally capable subject of of unity of rights and obligations, has shown law – a slave citizen (again a new concept in that a “human” can perform legal duties, and jurisprudence is not developed at all). From since the chimpanzee cannot be legally this point of view, Sofia's interview at the responsible, so he is not granted rights. In international conference “Future Investment proof of its correctness, the court appealed to Initiative” is revealing, to the moderator’s the presence of other legal forms of animal question of the mind and self-awareness of protection [3]. the robots she answered: “May I ask, how do you know that you are human?” [7].  Sophia's response is not rudeness or 1 This article deals with the rights of a certain disrespect, this response is evidence of the category of creatures, which makes it impossible to speak of them as things. Hence the preposition of who is used instead of what.

106 European Science 3/2019 European Science Law collapse of the human-centrist and minimize harm to animals. The main evolutionist dictates on Earth. directions of such minimization include Man's recognizing of its exclusivity among technological, legal and educational measures. all living and non-living things on Earth, The directions highlighted by us are not establishing the human hegemon and exhaustive, but, in our opinion, they are a reshaping the world under the slogans of syncretic unity – production and technology improvement are, in our opinion, nothing are regulated by law – the right should be a more than a manifestation of the concentrated manifestation of cultural and compensation of his natural damage, about mental and cultural values. what E. Fromm was writing. The enhancement Technological – development of new of their natural abilities by means of artificially technologies to meet the needs of people with created adaptations (in Marxism they are minimal use of raw materials of animal origin called tools) and unusual technologies has led (production of artificial leather, fur and fibers). to the formation of a person's confidence in Particular attention should be paid to his omnipotence. This belief was also alternative approaches to testing cosmetic reinforced by an ideological factor – man is products, which should supersede animal derived from god/deities, that gave him the testing. According to I. Shostak, “… there is a right to treat other creatures arrogantly. dissonance, because we live in an era of XX-XXI centuries have become research that gives rise to new technologies, revolutionary not only in the field of scientific discoveries, implementation of technology, there was another revolution - the previously impossible projects, but still we use dethronement of the aura of exceptional sadistic methods of testing detergent or human position on Earth. Human vulnerability mascara, equating their importance to the as a physical and psycho-emotional being is lives of hundreds of animals” [9]. And again, now perceived as a given, which compares it the notion of ethics is getting into the to all other living beings on Earth. research and production lexicon: the presence Let us make a few remarks about those of unethical, but cost-effective solutions, processes that are taking place in the modern inhibits the prohibition of barbaric testing world and affect the formation of a new legal methods. “The interests of large companies reality, one of the segments of which has that earn money for the sale of animals for already become the issue inhuman rights. the needs of laboratories and for conducting Today we are witnessing the gradual such experiments should also be taken into movement of a new version of humanism in account – they do not want to lose the the sense of civilization. Initially, the opportunity to make money in this way and recognition and acceptance of the centuries- are likely to have an impact on decision- old controversy between male and female, making in the legislative field” [9]. until the emergence of a sexless society, the Alternative methods of testing cosmetic formal legal equality and legal personality of products today are: computer diagnostics of all people (in the light of current chemical toxicity (the accuracy of such cosmopolitanism); recognizing and accepting analysis is 87, single animal test - 57, and the diversity of cultural systems and value- repeated - 81); the use by manufacturers of ideological systems; and now a recognition of those ingredients that have already been the right to life and a painless, non-violent tested and found safe; testing in vitro on cell existence for inhuman beings. Whatever the material etc. case may be, vegetarians have become the Legal measures are a series of legislative first adherents of respect for animal life (strict initiatives that are implemented in the rules of vegetarianism can be compared to banning the current legislation and aimed at observing cannibalism!). At the beginning of the the humane attitude to animals. Historically, twentieth century A. Schweitzer, unjustly the first steps in this direction have been forgotten today, appealed to the “reverence legislative initiatives aimed at combating for all living things”: “I am life that wants to animal abuse. In Ukraine, the current live, in the midst of life that wants to live” [8, legislation provides two types of legal liability p. 217]. for the abuse of both wild and domestic Despite the peculiarity of the food chain animals – administrative (Article 89 of the for humans, which involves the main Administrative Code of Ukraine) and criminal. ingredient - meat, humanity today is trying to

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With respect to the present visual changes decision to ban circuses with animals. Mobile in relation to animals, in the legal aspect, we circuses with animals were banned in Kyiv on should dwell on the prohibitions on the legal March 19, 2019: “Today the court upheld the nature of the use of animals in the circus. Due legality of the KLSA's decision to ban animal to this, an “ethical” circus becomes global chapiteau in Kyiv. Circus lobbies have trend, supplanting the old-style circus – the abandoned their attempts to return to the “barbaric” one: “Let's think what the man capital of abuse” [13]. wants to show, taming a wild animal, that it is Orientation and meaningful content of the king of nature, the crown of creation? That outlook and education activities fully he can conquer all alive on earth? In my reveal the thesis - there is nothing in law opinion, only complex people who try to assert other than the cultural and mental themselves in such a cruel way can characteristics of the culture that gave birth to demonstrate and watch it. Let's suppose that this law. Man's careful and reverential attitude you proved that you are stronger than a bear of all living things is the result of a cultural- or a tiger, and what next? Where is the plot civilizational process, certain periods of which development! Self-confident and self-sufficient humanity would gladly forget or shy away person does not need it” [11].2Today, about from them. It took a long time for mankind to 50 countries in the world have abandoned the understand the value of the other person and exploitation of animals: Austria became the to acknowledge his rights: from the first country to introduce a complete ban on prohibition of cannibalism through various the use of animals in the entertainment types of tolerance to today's ideological deity industry, enacting a law in 2002; Costa Rica – Tolerance. Similar processes also occur with imposed a ban on captive dolphins and regard to animals: from ruthless exploitation whales; In 2009, thanks to government and predatory consumption through financial decisions, elephants [12] from all zoos were gain to the recognition of their right to life and released into national parks and reserves and decent living conditions. Humane treatment of a revolutionary decision was made regarding animals is shaped by educational practices dolphins3. Again, humanity has an alternative (for example, treatment of animals in India, to wildlife circus: “The seriousness of the which is the result of educational practices debate about the ban on the use of animals in based on local religious beliefs; the attitude of circuses in Germany is evidenced by the Israelis not even to animals, but to the flora of decision to completely abandon animals in a their country, etc.). program approved by famous German circus Roncalli. Starting from the summer (August 2019 - author's remark) of this year, live animals in the circus have been replaced by their holograms” [11]. As for Ukraine, officially transportation of wild animals was banned in 2017, and the first in-station circus, where performances of wild animals were banned, became the Odessa circus (September 2019) [12]. The court upheld the legality of the city authorities'  2 Sereda S.V. Circuses without animals. 45 countries banned barbaric entertainment // https://vegjournal.com/filosofiya/etika/1690-tsirki- bez-zhivotnykh-45-stran-zapretili-varvarskie- razvlecheniya.html 3 “In India, the head of the Ministry of Environment and Forestry announced the decision to assign dolphins the status of "non-human species." Thus, India became the first country to recognize the unique intelligence and self-conception of representatives of a group of aquatic mammals – cetaceans”// https://comments.ua/ua/news/society/629880- uryad-indii-viznav-del-finiv-osobistostyami-i- zaboroniv-del-finarii.html 

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Conclusions Thus, the problem of inhuman rights in the legal field today resembles the similar situation with the status of slaves in ancient Rome. There are no rights enshrined in law for inhumans, but in actual legal reality they have some of them and are not considered things. Moreover, the rhetoric in the sphere of “human-inhuman” relations is changing dramatically: more and more often, the behavior of a human towards the inhuman is described with the help of tokens with a negative connotation – barbaric, cruel, unethical, sadistic.

References 1. Yastrebov O. Legal personality of an electronic person: theoretical and methodological approaches // https://cyberleninka.ru/article/n/pravosubektnost-elektronnogo-litsa-teoretiko- metodologicheskie-podhody 2. Romanovskii G. B. Konstitutsionnaya pravosub "ektnost' grazhdan v usloviyakh genomnoy meditsiny [Constitutional Status of Citizens in the Context of Genomic Medicine]. Vestnik Permskogo Universiteta. Juridicheskie Nauki - Perm University Herald. Juridical Sciences. 2017. Issue 37. Pp. 260-271. (In Russ.). DOI: 10.17072/1995-41902017-37-260-271. 3. Appellate Division. Third Judicial Department. URL: http: //decisions.courts.state.ny.us/ad3/Decisions/2014/518336. pdf. 4. Zaffaroni R. Derecho Penal. Parte General. Buenos Aires, Argentina, 2002. Available at: https://ru.scribd.com/doc/50069982/Zaffaroni-Eugenio-Raul-Derecho-Penal-Parte-General (accessed 15.02.2017) (In Eng.). 5. Court in Argentina grants basic rights to orangutan. URL: http://www.bbc.com/news/world- latin-america-30571577 6. Drove to hysteria: the story of the Prime Minister of Denmark on the purchase of a camel Ali caused rampant laughter from the deputies (video) // https://fakty.ua/320258-dovela-do- isteriki-rasskaz-premera-danii-o-pokupke 7. Human-like robot obtains Saudi Arabian citizenship // https://www.popmech.ru/technologies/news-393732-chelovekopodobnyy 8. Schweitzer A. Reverence for life: Translated from Germany./ Composed and postscript. A.A. Huseinov; General edition A. A. Huseinov and M. G. Seleznev. - M .: Progress, 1992. -576 p. P. 217 9. Shostak I. Price-to-life shampoo: Why cosmetics are still tested on animals // https://112.ua/statji/shapmun-cenoy-v-zhizn-pochemu-kosmetiku-do-sih-por-testiruyut-na- zhivotnyh-486437.html 10. Sereda S.V. Circuses without animals. 45 countries banned barbaric entertainment // https://vegjournal.com/filosofiya/etika/1690-tsirki-bez-zhivotnykh-45-stran-zapretili- varvarskie-razvlecheniya.html 11. German circus and its features // https://fox5sandiego.com/2019/06/11/jaws-drop-as-circus- ditches-live-animals-for-holograms/ 12. Ukrainian Circus without Animals: in a Step Before the Ban // https://www.dw.com/uk/%D1%83%D0%BA%D1%80%D0%B0%D1%97%D0%BD%D1%81%D 1%8C%D0%BA%D0%B8%D0%B9-%D1%86%D0%B8%D1%80%D0%BA- %D0%B1%D0%B5%D0%B7- 13. Mobile circuses with animals banned in Kyiv // https://tsn.ua/kyiv/u-kiyevi-ostatochno- zaboronili-cirki-shapito-z-tvarinami-1314663.html.

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RISK ANALYSIS AND THREATS IN SECURITY SCIENCES

Dagmar Kopencova JUDr., PhD. Assistant at the Criminalistics and forensic science department, University of Finance and Administration, Prague, Czech Republic

Roman Rak Prof. Ing., PhD. Professor at the Criminalistics and forensic science department, University of Finance and Administration, Prague, Czech Republic

Abstract. In engineering or scientific research, we encounter the terms phenomenon, event, action, state, and situation. All these entities may have positive or negative impacts on various objects or subjects with respect to how we perceive them, what we value and why. The terms threat, jeopardy, agent (threat originator, source), damage and losses arise in connection with our safety and security entities defined and fulfilled by us that we must realise in design, development, production, operation, and maintenance of various technological facilities, products, infrastructure, etc. The terms defined below are necessary to understand the issues of risk analysis and effective risk management. The issue generally relates to security and equally applies to forensics, as well as other fields of human activities. The presented material is one of the outputs of the research of the general security theory at the Academy of the Police Force in Bratislava. Keywords: Threat, source of threat, threat characteristics, threat characteristics

Introduction One of the fundamental values of life is safety. We live in a time of contradictions, in a globalized world of dynamic change. These changes may be positive, neutral or negative for each subject. In the latter case, they have an impact in the form of damage or injury. To avoid damage, we control

110 European Science 3/2019 European Science Security safety. Security management also includes risk analysis, where we primarily identify threats and then categorize them according to the severity of their impacts.

Threat chemically, biologically, etc. - such a threat is Threat is a terrible proximity to something always called a non-intentional (unintentional) bad, i.e. a phenomenon, event or process threat. The realisation of a non-intentional whose manifestations, factors, intensity and threat is of a stochastic nature. An consequences limit, threaten, destroy, unintentional threat may be a human as well devastate, and destroy lives, health, property, (he does not know that he is infected by an the environment, and cultural values; in infectious disease). general, a threat threatens various, diverse Of a completely different origin is a threat objects. A threat always acts at a specific caused or intended by person with his will, time, place and affects specific objects and intention (intentional threat; therefore, entities. intended threat) – it is intended, prepared, Threat is a primary phenomenon that triggered or realised by an individual or group exists independently of us and that may or of individuals. wishes to damage a particular object value [9] Examples include aggression, terrorist or assets. attacks, economic sanctions, disruption of Threat is a phenomenon that may turn into transport of strategic raw materials and a negative event and cause damage or harm energy sources, national oppression), an object or interest. Threat is therefore, a sabotage, threatening, blackmailing, criminal phenomenon that may damage a protected threats, etc. object or interest. We call the intentional or unintentional In other words, threat (danger) is a non- threats caused by humans anthropogenic activated phenomenon that has not yet turned threats. into a negative event. Damage (harm) caused We also divide threats into internal threats by a threat during its one action affecting a and external threats from the perspective of particular asset is called threat impact. Impact the direction of their acting on the object is the adverse effect (action) of a threat (from the inside, from the outside). Internal (negative event) at a given location and time, threats to the company may include disloyal affecting protected interests. Impact is usually employees, sharing know-how with the expressed as damage (financially quantifiable) competition, and external threats may include or harm (difficult to quantify financially). thieves, threatening a safe with cash. Threat (security threat) may be a speech, Origin-wise, threats may be generally gesture, measure or action that reflects one's divided into these threats [5]: ability or even intention to cause damage to Anthropogenic – caused by humans, their someone. Threat is a sign or foretaste of such existence, activities, etc. This area also an action that causes concerns on the includes threats of the technological, social threatened object's part. Every threat may (societal) or economic character, as they are cause damage and thus makes the ultimately the result of human activities, endangered fearful. Threat is an objective people, and their various grouping forms. character phenomenon [4], unlike risk, which Non-anthropogenic or naturogenic – not is always subjective since it is assessed by caused by humans, but by nature itself. Non- people who may perceive various risks anthropogenic threats are further divided into differently. biotic threats (caused by living organisms) Threat seriousness is proportional to the and abiotic threats, caused by inanimate nature of the value and how much we value natural phenomena, events (drought, floods, the value of every object. The term danger is flooding, torrential rains, tsunamis, the synonym of the term threat. earthquakes, volcano eruptions, etc.). Example: In terms of their action directness, threats In the winter period, on wet roads, there is may be divided into direct threats and indirect the threat of icing. Consequently, the drivers threats (distant). If two objects interact face the danger of skidding. directly, one object threatens the other, we Threat Categories find this case a direct threat. If there is some A threat may be a natural or purely “mediator” transferring a threat during its technological phenomenon, defined physically, action, then it is an indirect threat.

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We speak of direct threats when our state knowledge, and practical experiences with is exposed to them, while indirect threats their actual occurrence in the past. concern our allies or the regional or even Hidden Threats. We do not have available global stability [8]. information, theoretical knowledge, or Direct threats are those that imminently, practical experiences to actually identify directly threaten an asset (life, health, hidden threats [2]. In other words - the property - movable, real, intellectual). Indirect knowledge of science, technology, social threats initially do not concern our security processes, etc. is not sufficient to identify this interests; however, they eventually may. kind of threat. Hidden threats are usually Indirect threats may arise in response to our encountered in activities that we have not yet security measures, etc. performed as humanity, various organisational Depending on how easily threats may be or social groups of people or individuals and identified over time, we may divide threats have no experience with them (new into obvious threats and hidden threats. technologies, medical treatments, processes, Obvious Threats. As a rule, this kind of SW, artificial intelligence, etc.), and; threat may be identified simply or even with a therefore, we could not have tested them in greater effort, based on available information, any real environment.

Figure 1 Threat and related terms. Demonstration of the mechanism of threat acting between the source and target objects.

Hidden threats may also be encountered in the case of intentional threats, where the threat agent (originator, initiator) is so-called hidden, ideological agent. This threat agent carefully hides and conceals his interests and activities, which may be completely unexpected, unpredictable. In terms of criminalistics, we may speak, for example, of an offender who prepares a large-scale crime and purposefully conceals even his traces of preparation, so no one knows even the hints of the future threat's nature. In terms of the threat handling speed, we may divide threats (dangers) into acute (urgent) and chronic. Acute threat is a threat requiring immediate response, as it may be triggered in a very short period of time (neighbouring house fire and the threat of fire propagation to any adjacent houses). Chronic threats are threats we live with for a very long time, we are aware of them, and their activation is unclear in time, nothing has happened for a long time. We do not have to respond to them immediately since there is no immediate danger, but are aware of them, and based on the

112 European Science 3/2019 European Science Security analysis of risks arising from the threat nature and their agents, we prepare corresponding measures that are usually focused on ensuring increased resistance of protected objects (e.g. design requirements for facilities capable of resisting to some degree of seismic activities in geologically unstable areas). Symmetrical Threats (“Conventional”). A typical example is the classic war of two states that threaten each other with identical symmetrical threats. Asymmetrical threats (“unconventional”, “imbalanced”) are typical especially in modern conflicts, when one party uses unusual, non-standard threats, means that are often outside any regular norms, relations, international conventions etc. Asymmetrical threats include, for example, terrorist attacks. Individual threats only threaten individual, specific objects, at a specific location and at a specific time. Global threats such as those that threaten humanity in general, everywhere, and constantly.

Figure 2 Relations among phenomena (threats), events (adverse events), threat to the object, object destruction, and security events.

Systemic threats derive from the intrinsic nature of objects (systems), i.e. the internal structure, system's state, quality, and its behaviour. The system itself generates threats that threaten it and may threaten its immediate surroundings as well. Non-systemic threats act from outside of the system (object) (they are part of it) or inside the object (system) but as non- systemic, random elements, processes, or relationships. Stable threats have a repeatable character and exist constantly (crime, hate, diseases, poverty, etc.). Unstable threats occur sporadically, varyingly, at various times, with different intensities or directions of action (climate changes, accidents, epidemics, various crises, and terrorist attacks). The aforementioned breakdown of various types of threats [1] may be supplemented by other pair threats, such as natural/human threats, military or non-military threats, etc. In practise; however, some hidden threats that have never occurred in practise and are unlikely to occur may still be anticipated and expected. Such threats are hypothetical threats. With this type of threat, we usually face a situation when we decide on countermeasures, whether to implement

European Science 3/2019 113 Security European Science them or not, since implementation may be very costly, and the probability of threat occurrence is low. In terms of field threats, we may divide threats into political, military, economic, and environmental threats. A threat is (consciously or unconsciously) targeted to a vulnerable (weak) spot the target object of interest. This creates the risk a threat turning into an adverse event, subsequent risk that will cause damage or harm to the target object. A threat always precedes the risk, which then causes damage, harm. To prevent this, countermeasures are proposed based on risk analysis and their potential negative impacts. Their objective is two-fold: to protect vulnerable assets through various protection countermeasures against various threats, while at the same time discouraging all the threat agents from any further motivated attacks.

Figure 3 View of various threat categories. Field threats are subject to the interests of specific fields. Bipolar, pair threats are always presented by authors in pairs, e.g. direct vs. indirect threats and so defined.

Obviously, we may only discourage intentional, intended threats of a human or other biological origin1; in particular, natural or technological threats (of non-intentional origin) cannot be discouraged or intimidated in any way since they do not “perceive” any prepared countermeasures. In their study, authors [3], [4] specified the following threats to the Czech Republic, which were classified as unacceptable. These threats are classified into their basic categories, see the following table.

 1 An electric fence may prevent the entry of, for example, cattle herds on a highway, railway tracks, etc. The electric shock is then remembered by the animals as a conditional reflex, and in many cases, they are scared to repeat a similar experiment.

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Threat Categories Threats with unacceptable risk for the Czech Republic Long-term drought Extremely high temperatures

2 Flash flood abiotic Intense, extreme (“inanimate”) System precipitations Extreme wind Flood Naturogenic Epidemic - mass infections of people biotic (Non-anthropogenic) Epiphytia - mass infections of field cultures (“inanimate”) Epizootics - mass infections of animals Disruption of large-scale food supplies Disruption of the functionality of important electronic communication systems Breach of information security of a critical information infrastructure

3 Special flood Technogenic Leak of a hazardous chemical from stationary equipment Disruption of large-scale drinking water supplies Disruption of large-scale gas supplies Disruption of large-scale oil and petroleum products supplies Anthropogenic Radiation accidents Disruption of large-scale electric power supplies Large-scale migration waves Sociogenic Large-scale law violations (including terrorism) Economic Disruption of a state's large-scale financial and foreign exchange economy Table 1 Overview of unacceptable threats to the Czech Republic. Military threats are excluded from this overview because they are legally dealt with by other authorised institutions (Ministry of Defence). This table was produced by the Integrated Rescue System (IRS) staff.

In terms of external threats to the Czech Republic, we may find terrorism associated with the proliferation of weapons of mass destruction a very serious threat. It is a deliberate, pressing threat of a political and military nature. It has its two main agents. The first one includes the fanatical opponents of the West and its policies towards the Islamic world, and the second one includes the dictatorial and nationalist regimes that want to assure their invulnerability, i.e. staying as long as possible at their highest military positions [6]. The currently intensively discussed threat is the immigration of people from Asia, North Africa to the EU countries, which at the time of writing did not have a uniform political solution across the EU countries.

Conclusion Our paper has explained all the basic threat relations that we need to know in order to understand threat and handle it meaningfully during our risk management process. It is important to know the threat activators (so-called agents). We often encounter engineering threats without even realising it. It is not that important whether it is the stage of drafting, design, production, operation or maintenance of a technical object or infrastructure. However, it is very important that we are able to identify risks associated with threats and consequently effectively manage risks or avoid risks in time.

 2 Caused by nature (both live and inanimate) 3 Caused by humans, mankind as such.

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References 1 BLAŽEK, V., DWORZECKI, J., BUZALKA, J. et al.: Crisis scenarios in public administration. Academy of the Police Force in Bratislava, 2016, 304 p., ISBN 978-80-8054-678-6. 2 BRUNOVA, M, 2019 Forensics characteristics of vehicle theft In Porada V. et al.: Criminalistics. Forensics science and cyber aspects Czech Republic 1015-1023 3 BUZALKA, J., BLAŽEK, V. Methodology and procedure of the analysis of the internal threat to the security of the Slovak Republic and its associated threats and risks, Proceedings Methodology and Procedure of the Analysis of the Sources of Threats to the Internal Security of the Slovak Republic, Public Administration and Crisis management, Academy of the Police Force in Bratislava, 2011, p. 16-39, Slovakia, ISBN 978-80-8054-517-8 4 FELCAN, M. 2008 Implementation of European Union legislation and regulations on road safety standards of the Slovak Republic Security of transport on the road pp. 122-132 5 JANÍýEK, P. Systemic Conception of Selected Fields for technicians. Search for Relationships. Vol. 1, 682 p., Brno, VUT, 2007, ISBN 978-80-724-555-6 6 ROUBAL, O. 2019 The duality of hedonism in the ambivalent world of polarities European Journal of Science and Theology 15(1) 203-213 7 TUREýEK, J.: et al. Police Technique. Prague: Aleš ýenČk, 2008. 316 pp. ISBN 978-80-7380-119-9 8 VLACH, F. Evaluation of cooperation between educational institutions of the armed forces. New trends in police training III. International conference. Holešov: Higher Police School and Secondary Police School of the Ministry of the Interior in Holešov, 2018, pp. 121 - 124. ISBN 978-80-7616-008-8. 9 ZEMAN, P. et al.: Czech Security Terminology, Institute of Strategic Studies of the University of Defence in Brno, Brno, 2002, 113 p., ÚSS/2002-S-1-031

116 European Science 3/2019 Authors

Antoniuk Valentyna Doctor of Economics, Professor, Chief Researcher, Institute of Industrial Economics, NAS of Ukraine, Kyiv, Ukraine e-mail: [email protected] Belinska Yanina Doctor of Economics, Professor, Head of the International Economics Department, University of the State Fiscal Service of Ukraine, Kyiv region, Irpin, Ukraine e-mail:[email protected] Bolibrukh Borys DSc., Professor, Civil Security Department, Lviv Polytechnic National University, Lviv, Ukraine e-mail: [email protected] Drozd Valentyna DSc., Assoc. Prof., Senior Researcher, Head of the 3-rd Research Department of Research Lab of the Problems of Legal and Organizational Support of Ministry Activities of the State Research Institute MIA Ukraine, Kyiv, Ukraine e-mail: [email protected] Каliuzhnyj Rostislav Doctor of Law, Professor, Department of Theory and History of State and Law, Faculty of Law, National Aviation University, Kyiv, Ukraine e-mail: [email protected] Kopencova Dagmar JUDr., PhD., Assistant at the Criminalistics and forensic science department, University of Finance and Administration, Prague, Czech Republic e-mail: [email protected] Melnyk Vadym PhD. in Law, Lecturer of The Department of administrative, economic law and economic security, Educational-Scientifi c Institute of Law, Sumy State University, Sumy, Ukraine e-mail: [email protected] Misinkevych Anna PhD. in Law, Associate professor, Department of Labor Law, Land Law and Commercial Law, Khmelnytsky University of Management and Law named after Leonid Yuzkov, Khmelnytskyi, Ukraine e-mail: [email protected] Mytsenko Ivan Doctor of Economics, Professor, Head of the Department, Central Ukrainian National Technical University, Kropyvnytskyi, Ukraine e-mail: [email protected] Nalutsyshyn Viktor Doctor of Law, Associate Professor, Department of Criminal Law and Process, Khmelnytskyi University of Management and Law named after Leonid Yuzkov, Khmelnytskyi, Ukraine e-mail: [email protected]

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Oliinyk Uliana PhD. in Law, Department of Theory and History of State and Law, Khmelnytsky University of Management and Law named after Leonid Yuzkov, Khmelnytskyi, Ukraine e-mail: [email protected] Pokryshka Dmytro National Institute for Strategic Studies, Kyiv, Ukraine e-mail: [email protected] Rak Roman Prof., Ing., PhD., Criminalistics and forensic science Department, University of Finance and Administration, Prague, Czech Republic e-mail: [email protected] Roman Liubomyr lecturer, Lviv University of Business and Law, Lviv, Ukraine e-mail: [email protected] Romanchukevych Vitalii PhD. in Economics, Associate Professor, Doctoral Candidate Department of Finance SHEI «University of Banking», Kyiv, Ukraine e-mail: [email protected] Safonik Nataliia Senior Lecturer in the Finance Department named after L. L. Tarangul, University of the State Fiscal Service of Ukraine, Kyiv region, Irpin, Ukraine e-mail: [email protected] Stengach Nadiya PhD. in History, Associate professor, Department of Theory and History of State and Law, Khmelnytsky University of Management and Law named after Leonid Yuzkov, Khmelnytsky, Ukraine e-mail: [email protected] Strus Lydia Lviv region Appeal Court Judge, Lviv, Ukraine e-mail: [email protected] Tokarskyi Oleksandr Post-graduate student of Donetsk National Technical University, Donetsk region, Pokrovsk, Ukraine e-mail: [email protected] Tymoschenko Maksym PhD. in Law, Associate Professor, Vice-Rector of Private higher education institution «European University», Kyiv, Ukraine e-mail: [email protected] Vovk Viktoriia Doctor of Law, Professor, Department of Theory and History of State and Law, Khmelnytsky University of Management and Law named after Leonid Yuzkov, Khmelnytskyi, Ukraine e-mail: [email protected]

118 European Science 3/2019

Academician Stepan Demianchuk International University of Economics and Humanities (Ukraine, Rivne)

Rector DEMIANCHUK ANATOLII STEPANOVYCH - Doctor of Pedagogical Sciences, Professor, Academician of the Academy of Sciences of the Higher School of Ukraine, Honored Education Worker of Ukraine.

Personal data: Date of birth: 01 January, 1952. Demianchuk A. S. worked as an engineer at the 113th military plant in Rivne (1974-1986). He worked at the Rivne State Pedagogical Institute named after D. S. Manuilsky as a senior teacher, associate professor, professor, head of the department (1986-1993). In 1993, Demianchuk A. S. headed the Rivne Scientific Advisory Center-branch of the International Pedagogical Academy, which in 1997 was called the Rivne Institute of Economics and Humanities. In 2001, the University was named Academician Stepan Demianchuk International University of Economics and Humanities. In March 2011, the university was accredited as a whole at the IV level. Professor Demianchuk A. S. is the author of 10 monographs, 4 manuals, 63 methodological recommendations, more than 300 scientific works on the problems of education and upbringing, published in Ukraine and abroad. Demianchuk A. S. is the President of the Volleyball Federation of the Rivne region and is a full member of the International Pedagogical Academy (1994), a full member of the Academy of Pedagogical and Social Sciences (1995). University Academician Stepan Demianchuk International University of Economics and Humanities (IUEH) began its formation in 1993. Nowadays, there are 9 faculties in the IUEH: Faculty of Law, Faculty of Journalism, Faculty of Cybernetics, Faculty of Economics, Faculty of History and Philology, Faculty of Health, Physical Training and Sport, Faculty of European Education, Pedagogical Faculty, Faculty of Nature and Geography. The decision of the Attestation Board of the Ministry of Education and Science of Ukraine granted the right to open postgraduate studies in the following specialties: 011 "Educational, pedagogical sciences", 081 "Law", 122 "Computer sciences", 061 "Journalism", 051 "Economics". The University has five modern educational buildings, Sports and Recreation Complex, a swimming pool, hostels, computer classes, a publishing center, a library with an electronic catalog etc. The University cooperates with many higher educational institutions, organizations and foundations in the international arena. The IUEH has established productive relationships with many foreign HEIs, in particular: Georgia, Great Britain, Hungary, Poland, Czech Republic, Slovakia, Germany, Russia, Belarus, Finland, Spain, Lithuania, Azerbaijan and the USA. Agreements concluded with foreign partner universities include the exchange of students and teachers, the study of students abroad, the publishing of joint collections of scientific works, the publication of joint scientific journals, the conduct of joint research, the organization and conduct of international scientific conferences and seminars, exhibitions and forums. The IUEH is actively involved in various international projects and grants, in particular, in the Erasmus+ program. In 2018, the Faculty of Journalism won the grant “DESTIN: Journalism Education for Democracy in Ukraine: Developing Standards, Integrity and Professionalism. The University is open to new initiatives for international cooperation The University pays considerable attention to the problems of education and organization of leisure for student youth. In particular, the only Peace Museum in Ukraine was created, which is a unique educational museum for higher educational establishments of Ukraine. Thanks to Rector Demianchuk A. S., the university implements programs of self-realization of student's personality and student's self-government. %25<6)(1ǟ1Ǻǭ/ Independent Analytical Center For Geopolitical Studies Praemonitus — Praemunitus

Our Projects THE “BORYSFEN INTEL” CENTER IS ONE OF THE LEADING UKRAINIAN THINK-TANKS 9 Geopolitical studies 9 Analytical researches OONN G EOEOPOOOPOOPPPOOLILLITIITIITITICACALCALAL AANALANAANNALNAALALYYTYTICTICTITIICCS 9 Defence and National Security 9 Exclusive interviews and publicationsns YOUR SAIL IN THE OCEAN 9 Author’s columns of the leading expertserts OF GEOPOLITICS 9 Quarterly “BINTEL. Geopolitical Analyticslytics Journal” 9 “Bintel” — Special Issues DmytrivskaDmytriv St. 75, of. 159, Kyiv, 01054, Ukraine Tel: +38(067) 243-2807 E-mail: [email protected]

http://bintel.com.ua/ КYIV, UKRAINE http://bintel.org.ua/

Independent Analytical Center for Geopolitical Studies “BORYSFEN INTEL”

Is engaged in information, analytical and consultative work, the goal of which is geopolitical research, analysis, evaluation and forecast of the situation in the world as a whole, in Europe as well as around Ukraine. The Center was created at the initiative of former servicemen of the armed forces and special services of Ukraine. The Center conducts scientific and geopolitical exploratory researches in the context of development and strengthening of the Ukrainian geopolitical school and national security. The center is a public organization. Its founder and leader is Doctor of Military Sciences, Honored Lawyer of Ukraine, Lieutenant General of the reserve Victor Hvozd. At one time he headed the Main Intelligence Directorate of the Ministry of Defense of Ukraine (2008–2010) and the Foreign Intelligence Service of Ukraine (2014–2016). In its work the Center adheres to the principles of being non-political, non-party and is not involved in the sphere of interests of financial and oligarchic groups. To date, the Center has been operating without state and grant funding. The Center plans to expand its activities by analyzing and forecasting the development of the situation in the Ukrainian society and determining the priorities of its formation and development, taking into consideration Ukraine's geopolitical prospects in Europe and in the world. Based on its own original researches, detailed analysis and evaluation of problematic issues, the general and specific political, military, economic (including military-economical, military-technical, and energy) situation, issues of national (information) security, the Center provides information, analytical and forecasting materials to entities and persons to resolve their problems and challenges. Analytical materials are prepared by the Center's own experts — former servicemen of the Armed Forces, former diplomats and representatives of special services of Ukraine, known political scientists, economists and lawyers. All our experts have academic degrees and ranks, years of experience in highest bodies of state power and in known government and independent analytical structures. We also work closely with Ukrainian and foreign experts from international organizations, governmental and non-governmental structures. The Center's information and analytic product is, in the first place, for government officials and non-governmental organizations in Ukraine and abroad, who prepare and make decisions in the wide circle of geopolitical and security theme. The information of the Center can also be useful for researchers, teachers, students and post- graduates community, people seeking to thoroughly examine the trends and methodology of the processes occurring in the world, in Europe as well as in Ukraine and also to understand the modern Ukraine's role and place in them. The Center's product can be useful for a wide range of potential investors and businessmen to get acquainted with the real situation both, in Ukraine and around it, as well as everyone who studies geopolitics, geo-strategy, political science, political geography, foreign relations and international law, national security, challenges of our time and who wants to use an objective analytical information on these issues. The Center is ready to cooperate with all interested state and non-governmental organizations, foundations, legal entities and individuals, both in Ukraine and abroad.

For reference: The printed edition of the Independent Analytical Center for Geopolitical Studies “BORYSFEN INTEL” — Geopolitical Analytics Journal “BINTEL”. The journal publishes analytical materials from leading experts in their field of research. The authors of the publications are both, analysts — citizens of Ukraine, and representatives of other countries. It is published quarterly in Ukrainian and English. Is distributed by subscription in Ukraine and through the Internet.

National University of Water and Environmental Engineering (NUWEE) is one of the best technical Universities of Ukraine. For more than 100 years our University creates thriving environment for students and researchers, and provides professional engineering expertise and services to the Government and private companies. Today the University is one of the prominent modern educational establishments of Ukraine that became Alma mater for more than 70,000 domestic and international alumni. Our advances in water management engineering, advanced water treatment and environmental technologies, latest information technologies, economics and business made the National University a truly unique place for students to excel in technical disciplines as well as in business. Our graduates work in a variety of industries both in Ukraine and abroad. NUWEE is the only higher education establishment in Ukraine that trains personnel for the water management and ameliorative complex of our state. The nine Institutes of the University are guided by 374 Philosophy Doctors, 72 Habilitated Doctors - Professors, 45 Academics of the Academy of Sciences of Ukraine. The University has extensive international relations with higher education institutions and international organizations of Poland, Germany, France, the USA, Georgia, the Republic of Azerbaijan, Turkmenistan, Kingdom of Morocco, China, Republic of Ecuador, Comoros and many other countries all over the world. The University is the largest higher education establishment in Rivne region and the leading HEE of Ukraine; it consists of 9 institutes, 5 training and consulting centres, 5 colleges. The University offers full-time and part-time studies, distance learning studies in 39 bachelor degree programs and 41 master degree programs. University also provide 24 PhD and 7 Doctoral studies. The main institutes and specialties are listed below:

RESEARCH AND EDUCATIONAL INSTITUTES WATER MANAGEMENT AND ENVIRONMENTAL ENGINEERING • Building (Hydraulic Engineering Construction) • Hydropower Engineering • Water Engineering (Water Resources) • Heat Power Engineering AUTOMATICS, CYBERNETICS • Automation and Computer Integrated Technologies • Applied Mathematics • Informatics. Computer Science • Computer Engineering AGROECOLOGY AND LAND MANAGEMENT • Agronomics • Water Bioresources and Aquaculture • Geodesy, Cartography and Land Management • Ecology, Environment Protection and Balanced Natural Resources Application LAW • Law ECONOMICS AND MANAGEMENT • Entrepreneurship, Trade and Stock-Taking Activities. Economics of Enterprise. • Management • Accounting and Auditing • Human Resource Management and Labor Economics • Finance, Credit and Banking Affairs • International Economics • Marketing BUILDING AND ARCHITECTURE • Architecture • Construction. • Civil Engineering. MECHANICS • Automobile Transport • Mining • Mechanical Engineering • Transportation Technology Means HEALTH AND CARE SCIENCES • Physical Rehabilitation The main research directions of the University: ƒ technologies of water treatment, drainage and wastewater treatment, sludge disposal ƒ energy efficient and resource saving technologies in water management and agriculture ƒ construction objects, building materials ƒ architectural forms, design environment ƒ sustainable development solutions, system modeling ƒ social, economic and environmental studies on rational nature management ƒ methods for assessing and forecasting the impact of man-made pollution on the environment ƒ problems of economic assessment of natural resources and environmental quality. The University has extensive international relations with more than 100 higher education institutions and international organizations of 25 countries, namely of Poland, Germany, France, the USA, Georgia, the Republic of Azerbaijan, Turkmenistan, Kingdom of Morocco, Republic of Ecuador and many other countries all over the world. So, our students are active in exchange programmes with university-partners. NUWEE has also concluded agreements on joint bachelor’s and master’s degree programs with six Polish Universities and our students have the possibility to obtain two diplomas during their studying, of Ukrainian standard and European standard. In the University there was implemented the first in Ukraine exchange traineeship programme with the University of the Kingdom of Morocco. NUWEE ȭs among 20 of best Universities of Ukraine according to the ranking “Top-200 Ukraine” of the international social and political journal “Mirror of the Week”. The University was awarded the Order of Friendship of Peoples, is listed in the “Golden Book of Business Elite of Ukraine“, and is a multiple winner of ratings “Golden Fortune”, “Best Enterprises of Ukraine” in the category “Higher education” and in the field of water management.

ABOUT US

Our institution is a nationally renowned, listed in Europe and Asia like an Institute of Music.The university is located, one of Europe’s largest cultural capital with charm, Kodály and Bartók’s home in Budapest. Our institution is one of the largest educational institutions in the capital with the cultural attractiveness of the capital.The college of Vienna’s renowned music school for a branch that connects the capital of Budapest’ music education and cultural life from 2010.

3

ABOUT THE INSTITUTE

The Vienna Konservatorium Budapest has ers and professors are composed of the most meetings, competitions). The Institute is focus- been established between Vienna and Buda- prominent Hungarian artists and teachers. The ing heavily on next to the cross-border cultural pest, with has a headquarter in Vienna and a Vienna Konservatorium organizes high-quality cooperation on the students and the institution department in Budapest, with excellent and education and artists at a number of comple- international presence. In addition to the ex- good facilities. Our mother institution is a highly mentary professional events. (f.e.: - masterclass- change of information, we consider it important respected, world-leading educational center es, professional days, national and international to develop the consciousness of the cultural where musicians of the future can continue life of the two countries and to strengthen the their studies in Classical - Jazz / -Pop-rock cross-connections between the centuries - classes. This outstanding training is provided Austria and Hungary - between two twin cities by the Vienna Konservatorium in Budapest. between Vienna and Budapest. In addition to performances requiring individual preparation, The Vienna Konservatorium puts a lot of em- the operation of chamber music groups is a top phasis on all kinds of music-loving music priority (choir, symphonic orchestra, wind band). teachers. We educate individuals who can later, ;OLZLJOHTILYJS\IZHUKSHYNLLUZLTISLZVɈLY in music and pedagogy, be convinced of the a chance to play together and concerts. power of social transformation of music.

6\YPUZ[P[\[LVɈLYZPUZ[Y\TLU[HSHUK]VJHS[YHPU- ing, on teacher and artist courses. Our lectur-

4 5

INTERNATIONAL PROJECTS

The philosophy of our institution is cross-bor- The Vienna Konservatorium Budapest is proud der artistic and pedagogical activity. The of the presence of many nations among its Vienna Konservatorium Budapest serves the students. In addition to cross-border cultural ILULÄ[VM[OL/\UNHYPHUHUKPU[LYUH[PVUHS cooperation, the institution places particu- community in educational and cultural. The lar emphasis on the international presence Vienna Konservatorium Budapest conscious- of the student and the institution as a whole. ly builds its international partnership system The international recognition of the Universi- and thus supports, encourages and cares for ty indicates that at present, forty-four-nation musical talents. students are learning their system.

The Vienna Konservatorium Budapest plays an important role in linking East and West mu- sic, representing the Pannon region in social development. Protects the pattern of Hungari- an music education, maintains close links with domestic and foreign musical institutions and ensembles.

6 7 OUR COURSES

In accordance with the pedagogical and pro- During the training cycle several nation you will be able to obtain a degree from another fessional requirements of teacher training in diplomas can be obtained at the Vienna nation based on the University’s international Europe, the Vienna Konservatorium Budapest Konservatorium Budapest, with locations in cooperation relationships. has the traditional music school and vocational Budapest and Vienna. The duration of the secondary school connections that can be a training cycle is 4 + 2 years, at the end of successful teacher training. Our art teachers - which we will issue an Austrian double de- as a soloist or as members of renowned Hun- gree, both in teacher and artist. The Austrian garian orchestras - are prominent players of diploma awarded in Hungary is recognized and domestic and international concerts. authenticated without any restrictions, so the student - who is a state-recognized Austrian The students of the University are accredited diploma in our Institute - has the opportunity to in renowned music schools in Budapest and obtain a master’s degree in Hungarian. Vienna. The lessons are organized in individual or small groups, and almost all masterclasses This is a single possibility that is not in another are also in place. Our courses are in Hungarian institution. In addition to the excellent education and English. Special Young Talents can apply HUK[LHJOPUNZ[HɈV\YPUZ[P[\[LOHZ[OLNYLH[ to the Special School for Young Talents f or attraction of issuing diplomas for several coun- twelve years of age. tries. Within our institutional system, students can study abroad. After a period spent abroad,

8 9

SPECIAL SCHOOL FOR TALENTS

The Vienna Konservatorium Budapest has been From 2016, the Vienna Konservatorium of Bu- focusing on the talents for a long time. dapest launched a preparatory section for top Discovery of talent begins in high school. The talent from abroad, which allows students of students in the secondary school, with a little other nationalities to become acquainted with shudder, can join the Konservatorium’s tal- the excellent pedagogical methods of well- ent-management programs. The University fo- known Hungarian art teachers. cuses on the training of future „talent-holders”, ZVPU[OPZÄLSK[LHJOLY[YHPUPUNWSHJLZNYLH[PT- International experience shows that in our portance on the education of talent education. Institution the foundation of teaching skills, professional engagement, the development of The Vienna Konservatorium is a central, prom- teaching talent, the acquisition of otherwise inent role in teacher training in Budapest, and inaccessible domestic and international rela- special attention is paid to the versatile profes- tionships and experiences, is an extraordinary sional-pedagogical training of future students opportunity. The institution’s talent-manage- of talent management. This, of course, involves ment concept would be unworkable without the selection and care of talented teacher stu- the commitment of academics teacher who are dents, but this is more important because they committed to their work. have to be prepared for the recognition, sup- port, and care of talents.

10 11

VIENNA KONSERVATORIUM BUDAPEST

121-123. II. Rákóczi Ferenc Str. Budapest 1211 (+36) 1/ 276-5774 (+36) 70 943-2116 www.vienna.egressybeni.hu email: [email protected] BUDAPEST - VIENNA Slovyansk

9ë&+2'2(85Ð36.$$*(17Ô5$35(52=92-QR ($67(51(8523($1'(9(/230(17$*(1&<QR ZZZHHGDVN www.eeda.sk Tel : +421 905 450 765 NGO “Green Initiatives Rivne”

General information

Non-governmental organization (hereinafter - the Organization) is a voluntary social formation, based on the decision of the founders of the Law of Ukraine "On public associations" and bases its activities on the principles of voluntariness, legitimacy, governance, transparency, equality of Members. The purpose of the activity is the implementation of ideas and projects of economy ecologization and the implementation of European state vector. The main objectives of the Organization are: - information support, development, distribution and promotion of the ideas and projects of public, private and other institutions and organizations aimed at introducing the environmental technologies and organic farming; ecologization production and sale of European integration vector of the country; - assistance in providing and getting the legal, information and other help to institutions, organizations, farmers and private landowners, whose activities help to solve the existing problems in Ukraine of rational land use, growing the ecological and organic agricultural products and forming the ecological culture in society and consumption outlook; - comprehensive assistance to educational, health, social organizations, agricultural associations and farmers who are engaged or wish to be engaged in ecological and organic farming and processing the products; reclamation of eroded lands; tourism; organization of gardening and berry growing; landscape design; organic aquaculture; collection and cultivation of wild plants; beekeeping; introduction of modern highly ecological cultivation facilities; - consultancy, development of grant proposals and advisory services in various sectors of economy with ecologization of its development; - development and implementation of programs and projects in the field of various types of biomass, alternative energy sources, implementation of cleaner technologies to achieving the social, environmental and economic effects; - organization of permanent courses, seminars and other educational forms of creating the regional center of ecological and organic farming, growing and processing the raw materials and products, resource and energy efficiency; - assistance in implementation of patents and copyright certificates in the field of energy saving, highly efficient, environmentally friendly land use technologies, processing, labeling and promoting the products; restoration of land and other natural resources; environmental technology in various sectors of the economy; - initiating and supporting the scientific, environmental, social, spiritual and other modern studies of human interaction with the environment; - promoting the development of projects of natural reserves and proposals on the development of environmental affairs; - promoting the market research, labeling, manufacturing, distribution standardization, certification and use of ecological and organic products consumption to achieve the social impact; - preparation and publication of materials, articles, books, dedicated to the development of ecological and organic farming, the production of environmentally friendly products, and other economic, environmental and social problems.  www.termal-podhajska.sk

Penzión TERMÁL sa nachádza v katastri obce Podhájska, ktorá sa dostáva do povedomia našich a zahraničných turistov vďaka geotermálnemu prameňu silne mineralizovanej vody v hĺbke 1900 m ( voda má pri ústí teplotu 80° C a výdatnosť 50 litrov za sekundu ), okolo ktorého sa na 12 ha rozprestiera areál termálneho kúpaliska. Voda z geotermálneho prameňa má blahodárne účinky na celý organizmus. Podrobné štúdie preukázali, že má hlbšie a trvalejšie regeneračné efekty ako voda z Mŕtveho mora. Účinky tejto termálnej vody využíva k regenerácii celá rada športovcov z rôznych športových odvetví, a preto Vás do mikroregiónu TERMÁL pozývame. Penzión TERMÁL Podhájska

941 48, Podhájska Za humnami 508/28 časť Belek Slovenská republika Mobil: +421 905 369 138 - rezervácia +421 905 450 765 E-mail: [email protected]

www.termal-podhajska.sk

www.obecpodhajska.sk, www.tkpodhajska.sk www.facebook.com/infocentrumpodhajska

OPENING HOURS : WELLNESS CENTRUM AQUAMARIN Monday: closed OPENING HOURS T H E R M A L P A R K Tuesday : 9,00 – 20,00 hrs. Monday: 13,00 – 21,00 hours. PODHAJSKA Wednesday : 9,00 – 20,00 hrs. Tuesday – Sunday: 9,00 – 21,00 hours.

Thursday : 9,00 – 20,00 hrs.

Friday : 9,00 – 20,00 hrs. P R I C E S Saturday, Sunday: 9,00 – 21,00 hrs. Indoor world Adult Kids 3 – 15 yers 3 hours 12.00 € 7.00 € PRICES : 2 hours 9.00 € 5.00 € Adult...... 3,00 € / 1 hrs Disabled person...... 2,50 € / 1 hrs Extra 30 min. 1.50 € 1.00 € Kids under 15 …...... 1,50 € / 1 hrs Monday all day 17,00 € 9.00 € Kids under 3 ...... f r e e entry DEAD SEA Adult...... 12,00 € / 1 per day Disabled person...... 10,00 € / 1 per day Tuesday – 22,00 € 12.00 € IN THE CENTRAL EUROPE Kids under 15 ...... 6,00 € / 1 per day Friday all day Indoor locker ...... … free entranses

Disabled person 17,00 € 9,00 € Swimming pool in Relaxing komplex per day 17,00 € 17,00 € PRICES : with guide

Adult...... 3,00 € / 1 hrs Sauna world Adult Kids 3 – 15 yers Disabled person...... 2,50 € / 1 hrs Kids under 15 …...... 1,50 € / 1 hrs 1 hour 9.00 € ------Kids under 3 ...... f r e e One-time entry ------

Indoor locker ...... free to the sauna 6,00 €

Extra 30 min. 4.00 € ------INFORMATION CENTER Tel.: +421 911 103 443 W I N T E R S E A S O N e-mail: [email protected],

P O D H Á J S K A THE AQUAMARIN WELLNESS ** kids´playground

is small village situated in the south of Slovakia, close to Indoor world : ** restaurants, fast foods city of Nitra, at an altitude of 170 meters above sea level. ** the Wild River (36°C, 1 m deep) ** shops Podhajska is famous for its natural geothermal springs ** relaxing pool (33°C, 1,3 m deep) with their healing and relaxing effects fo the human body. ** bakery and café ** waterfall The healing thermal water, the effects of which have ** 2 whirpools (36°C, 1 m deep) already helped many people, can be found in such a ** kids´ pool (32°C, 0,25 m deep) W A T E R I N F O R M A T I O N composition only here and it has similar effects to the ** kids´ playground Dead Sea. Thermal Park is open for visitors all year round. ** Turkish bath (36°C, 1,1 m deep) Thermal salt water is: ** pool bar ** massage ** a temperature of 80°C, RELAXING COMPLEX ** rest areas, botanical garden, a café (open in winter) Offers: ** similar to the one of the Dead Sea ** Sauna complex includes: Finnish and bio sauna, salt and ** sitting pool with the hottest and the most mineralized herb inhalation, cooling pool and water attractions (ice ** unique of its kind Europe water (38 – 40°C) bucket, 3 heated beds, sea bath) ** beneficial on the human body ** kids´pool with mineralized water (32°C)

** indoor pool for swimmers (28°C, 1,50 m deep) ** cooling pool (18°C) Water helps people with: ** hot tub with mineralized water ** the respiratory system ** gym, solarium ** massages and pedicure ** arthritis and rheumatism ** cosmetics and hairdressing salon ** after bons surgery, ** restaurant Jantar (open in winter) ** eczemas

Outdoor world : **relaxing ** thyroid gland problems pool with mineralizied water (39°C, 1,2 m ** vascular and joint problems and persisting back pains deep) ** kids´pool with mineralizied water (32°C) ** cooling pool (18 – 20°C, 1 m deep) Salty water does not allow further reproduction of ** cooling bio lake (28°C, 1,3 m deep) brought bacteria, but it kills them. ** walking Kneipp bath with changing cold and hot water Seating pool with thermal water DIFFERENT FACILITIES / DINNING at the Relaxing komplex

WINTER SEASON from 21.10. 2019 ** outdoor gym and natural rest area

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1RYLQNRXSRVOHGQêFKURNRYMHQRYRY\EXGRYDQpWellness centrum Aquamarins NRPSOH[QRXSRQXNRX VOXåLHENGHP{åHWHUHOD[RYDĢSULU{]Q\FKSURFHG~UDFK'RVWDWRNWHSOHMWHUPiOQHMYRG\VLXåLMHWHYBazé- novom sveteYRYQ~WRUQêFKDYRQNDMãtFKED]pQRFK1HFKêEDWXUHOD[DþQêED]pQYtULYêED]pQGHWVNê DOHDQLWXUHFNêED]pQVitálny svet]DKĚĖDNRPSOH[ViXQYNWRURPVLP{åHWHY\VN~ãDĢItQVNXVDXQX E\OLQNRY~VDXQXELRVDXQXþLVRĐQ~LQKDOiFLXĆDOHMYRYLWiOQRPVYHWQiMGHWHWHSLGiULXPPRUVNêN~SHĐ ĐDGRSiGRFKODG]RYDFtN~SHĐDOHDMYRGQpSHNOR Międzynarodowa Konferencja Naukowa „1919-2019 – BEZPIECZEŃSTWO NA TERENACH POLSKI POŁUDNIOWO-WSCHODNIEJ” On the October 1st 2019 we celebrated 60th anniversary of the foundation of the FEM SUA Nitra.

We hosted 480 registered guests from 16 countries, 30 partner faculties and university and 27 business partners. Enjoy photogallery: