Європейські соціо-правові та гуманітарні студії

STATE-CHURCH RELATIONS IN THE FIRST CZECHOSLOVAK REPUBLIC: SPECIFIC FEATURES OF LEGAL REGULATION

Miroslava Bielova — 2024-06-18

It is indicated that the relationship between the Church and the state went through various stages in its formation both in Ukraine and in the world as a whole. In addition, the state’s relations with religious organizations in various countries still have their own specifics. Models of these relationships are usually built depending on the political, religious, cultural and other traditions of each region. Therefore, today in Europe, despite the presence of a number of common trends, there is still no unity of approaches in building a system of state-church relations.

It is quite obvious that in order to solve this problem, it is necessary to study the existing historical experience of Czechoslovakia. Regarding this, the confessional policy of the Czechoslovak state in the 20th century has a special value. Back in the interwar twentieth century (1918–1938), an attempt was made here to build such a model of the relationship between the state and religious organizations, which, on the one hand, provided for the secular nature of the state and the maximum limitation of the role of the church in public life, and on the other hand, the preservation of the main elements of the system of state -church relations that developed in Austria-Hungary. We can say that in a slightly modified form this model continued to exist in Czechoslovakia and in the second half of the 20th century. Even during the years of state atheism, the church here was not separated from the state. Thus, in the 20th century, Czechoslovakia accumulated rich experience in adapting traditional elements of the state church to new historical conditions.

Based on the study of domestic and foreign sources, the article analyzes the legal regulation of state-church relations in the First Czechoslovak Republic.

The study attempted to analyze the country’s relationship with the Vatican, which consisted primarily of the need to conclude a concordat agreement. The legal nature of Modus vivendi is analyzed.

It was determined that the model of state-church relations in the first Czechoslovak Republic became an organic development of the model that existed in Austria-Hungary. It can be said that the process of equalizing the rights of all state-recognized denominations came to a certain logical conclusion in the first Czechoslovak Republic. At the same time, one of the fundamental principles of Austrian religious policy was preserved in the Czechoslovak Republic – the desire to limit the ties of local denominations with foreign administrative centers as much as possible.

PROBLEMS OF REALIZING THE RIGHTS AND FREEDOMS OF CERTAIN CATEGORIES OF CITIZENS

Dmytro Byelov — 2024-06-18

It is indicated that the realization of rights and freedoms is the practical implementation by citizens and other participants of social life of the demands provided for by the constitutional norms to satisfy requests and needs or obtain the necessary material and spiritual benefits in the manner established by law. Therefore, the mechanism for the realization of rights and freedoms is, first of all, a complex procedural and legal order for the realization of rights, freedoms and obligations, in which the law establishes a certain algorithmic nature of the order of implementation, its procedure: the sequence of actions of the bearer of rights and freedoms and the obliged subjects rights, as well as the content of these actions, the implementation of which is aimed at the most complete and accurate use of the right or freedom.

In the opinion of the authors, since the factors influencing the consolidation of the value guidelines of the constitutional system are usually found at each specific stage of the development of the state, and which certainly affect the content of the principles in general, and the principles of the constitutional system in particular, the above list should be supplemented, at least one is the level of ensuring national security of the state.

Considering the above, according to the authors, it would be quite logical to take advantage of the situation of potential reform of the fundamental principles of the constitutional system. Within the scope of the research, taking into account the issue of violation of the state sovereignty of our country, the modernized Constitution of Ukraine is intended to become a nationwide political and legal treaty and a fundamental law of national law. At the same time, the amended Constitution of Ukraine must ensure the proper implementation of all value guidelines of the constitutional system: people’s sovereignty, human rights, the rule of law in relation to the universal principles of modern constitutionalism - legality, proportionality, legal certainty, responsibility and subsidiarity in the legal provision of rights and freedoms person and citizen, the independence and impartiality of the court, the prohibition of the retroactive effect of the law, etc. (which are now doctrinally considered as components of the principle of the rule of law).

FORENSIC EXAMINATIONS DURING THE INVESTIGATION OF CRIMINAL OFFENSES IN THE FIELD OF LAND USE, SUBSOIL PROTECTION, AND ATMOSPHERIC AIR

Oleksandr Bogatyrchuk — 2024-06-18

The study is devoted to typical forensic examinations during the investigation of criminal offenses in the field of land use, subsoil protection, atmospheric air. Taking into account the provisions of the current Criminal Procedure Code of Ukraine, it is possible to distinguish three procedural forms of the use of special knowledge that can be used in the investigation of criminal offenses against the environment: independent use of special knowledge by the investigator; participation in criminal proceedings of a specialist; examination. It is noted that forensic examination is the most effective means of performing investigative tasks in proceedings on criminal offenses in the field of land use, subsoil protection, atmospheric air, provided strict compliance with the requirements of criminal procedural legislation, regarding the appointment and conduct of this investigative (search) action. It is emphasized that expertise in the mentioned proceedings should be appointed only in the case when there is a real need for it, when without an expert’s answer to certain questions it is impossible to establish the circumstances of a criminal offense. The analysis of the researchers’ theoretical work and the study of investigative and judicial practice materials made it possible to identify the following main types of expertise that are carried out during investigations in the field of land use, subsoil protection, atmospheric air: ecological, forensic chemical, forensic expertise on land management, soil science, construction and technical technical, technological, toxicological, construction-technical, agro-technical, forestry, forensic-medical, medical-sanitary, forensic-veterinary. It was also concluded that during the investigation of the specified illegal acts, other types of forensic examinations may be appointed, including, in particular, engineering and technical, biological, dactyloscopic, handwriting, technical and forensic examination of documents, evaluation and land, forensic and material science examination of oil products, lubricants, fuel and lubricant materials, examination of computer equipment and software products, etc. Arguments are given that depending on the needs of the investigation, the specified types of forensic examinations can be assigned both at the initial and at the next stage of the investigation.

UKRAINE’S EUROPEAN INTEGRATION ASPIRATIONS: CONFRONTATION OF TWO WORLDVIEWS

Ihor Dir — 2024-06-18

The aim of the work is a comprehensive analysis of Ukraine`s European Union aspirations.

The methodological basis of the study are official websites of specialized institutions in Ukraine and the European Union, laws, analytical reports, articles by other scientists, etc.

Results. According to the results of the conducted research, it was found that Ukraine continues to actively work towards European integration. It’s confirmed by a number of normative and legislative acts that have already been adopted or are planned to be adopted in the nearest future. It was found that European integration is not just a priority of Ukraine’s foreign policy, the implementation of which began from the moment of independence, but an integral part of the national outlook of the Ukrainian people. In addition, it was analysed that according to the desire of Ukraine, the European Union granted the status of a candidate for EU membership in 2022. The upcoming negotiations are a manifestation of the determination of both sides to implement the European integration policy. Ukraine set the priority of joining European organizations as its key task in foreign policy since independence. The first agreement that regulated relations between the parties was concluded in 1994. It was the Partnership and Cooperation Agreement, which entered into force in 1998 and signed for the period of ten years.

Conclusions. Thus, it is important that Ukraine began to build bilateral relations with the European Union after gaining independence. The first bilateral act, which defined the goals and purpose of this cooperation, was signed in 1994, the Partnership and Cooperation Agreement, the term of which was calculated for ten years. Later, a new stage of negotiations between the parties began. It led to the conclusion of the Association Agreement, the signing of which took place in 2014. It became the fundamental document regulating Ukraine’s cooperation with the European Union in many areas.

PROSPECTIVE DIRECTIONS FOR THE FORMATION OF THE STRUCTURE OF THE METHODS OF INVESTIGATING SELF-INTERESTED AND VIOLENT CRIMES COMMITED BY MINORS

Olena Fedosova — 2024-06-18

Concepts and structural elements of the forensic method of crime investigation are considered. The role of operational investigative support in criminal proceedings is shown and a conclusion about the need to include it as a separate element in the structure of crime investigation methodology is made. It is proposed to include a list of the following structural elements in the investigation methodology of self-interested and violent crimes committed by minors: forensic classification and characteristics of crimes; identification of signs of a criminal offense and circumstances to be established at the primary stage of the investigation; typical investigative situations, versions and investigation planning; peculiarities of conducting investigative (search) actions and tactical operations; organizational and tactical features of the interaction of the investigator with the operational units during the operational and detective support of covert investigative (search) actions (discovery of evidentiary information, overcoming opposition to the investigation, ensuring the protection and safety of persons participating in criminal proceedings, searching for wanted persons); coordination activities of law enforcement agencies with state bodies, organizations, public associations and mass media regarding the prevention of criminal offenses. It was emphasized that the operational investigative support of criminal proceedings plays an important role when overcoming opposition to the investigation and organizing the safety of court and law enforcement officials, persons who provide assistance, contribute to investigative activities, persons participating in criminal proceedings, and their family members and close relatives of these persons.

It was concluded that separate methods of investigating self-interested and violent crimes committed by minors should be formed taking into account their classification. At the same time, it is worth focusing attention on those categories of self-interested and violent crimes that are most often committed by minors. To do this, it is necessary to analyze the judicial and investigative practice and find out what problems arise during their investigation. The formation of separate methods of investigating self-interested and violent crimes should be based on the information established in the basic method. During the development of separate methods of investigation of self-interested and violent crimes committed by minors, it is necessary to use the forensic classification of the specified crimes not only according to the criminal law criterion, but also according to the criminalistic one.

THE CONCEPT AND PROBLEM OF CODE IN MODERN LITERARY STUDIES

Andriy Gurduz — 2024-06-18

With increasing popularity in literary studies, linguistics, cultural studies, and anthropology, the concept of code remains undefined, which automatically translates a significant part of the results of these works into a polemical plane. Literary studies has already become accustomed to a similar situation in the field of research on mythopoetics, the author’s myth, having developed a certain immunity (M. Zuienko, O. Kobzar, etc.). The plurality of proposed interpretations of the code term in literary studies, which are sometimes mutually contradictory, on the one hand, and the large body of studies based on this term, on the other hand, determine the relevance and perspective of our article.

The purpose of this article is to clarify the semantics of the concept of code in literary studies, based on a significant number of its interpretations in the most notable humanitarian and actually special studies of the end of the XX – the first decades of the XXI century. In this case, we see the main tasks as a) to highlight the general tendencies in the interpretation of the concept of code in current research with the identification of advantages and disadvantages by means of comparison; b) identify semantic clusters at different levels of the organization of an artistic work, which can function as elements of a semantic code.

Proceeding from the outlined semantics of the code in the content plane of the artistic work and relying on the practice of studies related to this problem, we can talk about the code (of various degrees of structuring) at the different levels. This is the level of a) intention, imperative, archetypality in Ukrainian literature; the code of demythologizing, westernization, postcolonial or gender, eschatological, etc.); b) the level of thematic dominants of the intertextual content of the artistic work (mythological, in particular biblical, ancient, etc.; autobiographical; zoomorphic, plant; invariant of the matrix work in relation to its mash-up version, etc.); c) the level of expression of the environment where events take place or are associated with it (rural, urban, in particular Kyiv, London, etc.; Gothic; cemetery; industrial; otherworldly; parallel world, etc.), as well as d) code-canon, including occasional (codes by T. Shevchenko, G.G. Byron and other national authors in the texts of successors, code by J.R.R. Tolkien, Narnian code by C.S. Lewis – in fantasy, etc.). Code in the sense of intertextual content can appear as a formal expression of intentional or imperative (in cases of, say, gender, post-colonial coding of the artistic work).

In particular, investigating the peculiarities of the national myth-making code of Ukrainian fantasy 2000–2020s in a multinational context, we take into account the spectrum of mythopoetic characteristics of the named prose, including accompanying ones. The correct interpretation of fantasy, as well as any other myth-making – its artistic genesis, ideological orientation, structural organization, etc., involves the analysis of the construction, functioning and reception of a system of variable semantic components (more often – legendary and mythological images, motifs, symbols, mythologems, general cultural signs or other elements in the corresponding occasional functionality); these components are the key for the fantasy modeling of this or that work or group of works of art. According to the degree and potential of reinterpretation, conceptual load, configuration, chronotopic orientation of the work, etc., the named components in a certain way program, encode the artistic text, are able to serve as identifiers of its mythopoetic paradigm, and as a result we speak of its myth-making code. The definition of the concept of code in literary studies that we have given can be considered optimal and a compromise at the same time, because it takes into account numerous attempts to define this concept by specialists – representatives of various fields of research. In this case, myth- making is naturally chosen as an important indicator, because it is in myth- making that the principle of the code can be realized most fully. The proposed provisions can be clarified in the process of practical work with specific artistic material and, in general, can serve as an element of correction and unification of complex comparative studies on the problems of the development of Ukrainian and foreign literature, particularly in the XXI century.

DOMESTIC VIOLENCE: CURRENT ISSUES THROUGH THE PRISM OF LEGISLATIVE CHANGES

Valentyna Hrankina — 2024-06-18

The article is devoted to the study of a problem that is an urgent and negative manifestation of public life not only in Ukraine but also in most foreign countries. Domestic and gender-based violence is one of the most widespread violations of constitutional human rights and freedoms, which not only causes physical pain and moral suffering, but also undermines the sense of security of a person; it is a global problem that daily harms the most valuable human goods - honor, dignity, life and well-being.

For Ukraine, as well as for many other countries around the world, this problem is quite acute, so the international community is trying to actively counteract all forms of violence. Violence remains a global phenomenon that causes devastating losses at the social, economic and national level, with domestic violence being a particularly negative form of it. Ukrainian legislation has its own tools for the prevention and fair punishment of such torts, which are reflected in the Law on Preventing and Combating Domestic Violence adopted in 2018 and the relevant amendments to the Criminal Code of Ukraine. Thus, Article 126-1 of the Criminal Code of Ukraine was added to the criminal law, which stipulates that domestic violence is the intentional systematic commission of physical, psychological or economic violence against a spouse or former spouse or another person with whom the perpetrator is (was) in a family or close relationship, which leads to physical or psychological suffering, health disorders, disability, emotional dependence or deterioration in the quality of life of the victim.

However, in Ukraine, since the outbreak of full-scale war, law enforcement attention has naturally shifted to war crimes, and the challenges of domestic and gender-based violence have been relegated to the background.

With the ratification of the Istanbul Convention, the country faces the problem of standardizing national regulations, which Ukrainian lawmakers have the opportunity to improve guided by international means of overcoming and combating domestic violence. Such mechanisms can be implemented, in particular, through changes in national legal acts related to combating violence. First of all, we are talking about the Law of Ukraine of January 4, 2018 “On Preventing and Combating Domestic Violence”. For the comprehensive and productive fulfillment of Ukraine’s obligations, it is worth focusing on certain gaps that, in our opinion, exist in the relevant law, namely: identification of gender-based violence and introduction of the concept of “gender” in procedural acts to overcome the so-called “gender blindness” and the conflict of variability of domestic violence and the degree of responsibility for each of its types in terms of recognizing the systematic nature of acts.

LITTERATURE ET ARCHITECTURE: LEUR INFLUENCE SUR D’AUTRES TYPES D’ART

Nataliia Kalashnik — 2024-06-18

Les grands architectes construisent des structures qui nous font voyager dans l’espace, nous obligent à ralentir, à accélérer ou à nous arrêter pour contempler. Combien de fois nous sommes-nous arrêtés en lisant un livre et avons-nous eu l’impression d’être à l’intérieur d’une structure que l’écrivain avait consciemment ou inconsciemment construite ? Ne vous contentez pas d’imaginer les lieux et les décors architecturaux décrits dans le texte, mais sentez-vous plutôt immergé dans l’espace, l’espace littéraire. « Le processus d’ajout de mot à mot est à bien des égards similaire à l’ajout de brique à brique. … Je ne peux penser à aucun meilleur cours qui combine si subtilement les objectifs des deux arts », Colum McCann, écrivain.

INTEGRATING ARTIFICIAL INTELLIGENCE IN ENGLISH LANGUAGE TEACHING: EXPLORING THE POTENTIAL AND CHALLENGES OF AI TOOLS IN ENHANCING LANGUAGE LEARNING OUTCOMES AND PERSONALIZED EDUCATION

Iryna Kovalenko — 2024-06-18

This article delves into the dynamic field of integrating Artificial Intelligence (AI) into English Language Teaching (ELT), a burgeoning area of research with profound implications for educators and learners alike. It aims to unfold the complex interplay between innovative AI tools and traditional teaching methodologies, examining how the former can enhance language learning outcomes and personalize education. The article begins by evaluating the effectiveness of AI in language learning, exploring its role in areas such as vocabulary acquisition, grammar correction, and pronunciation. It highlights how AI’s adaptability and personalized learning paths can significantly benefit students with varied learning styles and needs. The discussion then shifts to the implementation challenges of AI in educational settings, including the need for robust infrastructure, teacher training, and the alignment of AI tools with curricular goals. A critical examination of the ethical and privacy implications of using AI in education follows, addressing concerns over data security, consent, and the potential for bias. The article also tackles the issue of cultural and linguistic inclusivity, stressing the need for AI tools to represent and accommodate the diverse linguistic landscape of global learners. Furthermore, it discusses the delicate balance between leveraging technology and retaining the essential human elements of teaching, suggesting ways to integrate AI tools without diminishing the role of traditional, interactive pedagogies. The article concludes by emphasizing the need for ongoing research and development to address the unresolved challenges and harness the full potential of AI in ELT. Through a comprehensive analysis and synthesis of current research, the article provides valuable insights for educators, policymakers, and developers looking to navigate the promising yet complex terrain of AI in language education.

USE OF CERTAIN TERMS IN THE SPHERE OF ENVIRONMENTAL PROTECTION

Sergii Marko — 2024-06-18

The publication is dedicated to the coverage of legislative and theoretical approaches to the use of the interpretation of certain terms and concepts in the field of environmental protection, based on which suggestions are made regarding their optimal use in scientific circulation and relevant regulatory and legal acts. It is emphasized that the stability of informational and legal provision, in particular in the environmental sphere, is possible under the condition of unification of legislative terms, clear regulatory consolidation of their content with the aim of uniform understanding and application in practical activities. It is possible to secure interests and implement strategic priorities in the field of environmental protection through the creation of effective legal regulation, which includes various legal means, in particular regulations. The important role of definitions in legal regulation, which contain definitions of concepts as integral elements of the legal basis for ensuring the environmental policy of the state, is pointed out. It is noted that the legal definitions of the concepts have a universally binding nature and contribute to the formation of a single legal space. An attempt was made to evaluate the conceptual and categorical apparatus in the analyzed field from the point of view of the universality of the relevant definitions, the completeness of their textual expression, as well as state policy. It is noted that the relevant legislation does not contain a legislative definition of key concepts in the field of environmental protection. It was concluded that the identification of the definitions “ecology” and “surrounding environment” is erroneous, because “ecology” is the part of it that refers to the natural component of the environment. In this regard, as well as in view of the need to bring national legislation to international standards in the researched area, it is more appropriate to use the term “surrounding environment”, which is synonymous with the concept of “environment”, which would cover not only the natural component, but also the environment the existence of humanity in general.

SEXUAL HARASSMENT AS A MANIFESTATION OF GENDER DISCRIMINATION AND HUMAN RIGHTS VIOLATIONS

Olha Perunova — 2024-06-18

Sexual harassment is a serious problem that often goes unnoticed and under-researched in society. It not only violates the fundamental human rights to safety and dignity, but also deepens social inequalities and feelings of vulnerability among victims. This study focuses on the analysis of sexual harassment as a form of gender discrimination and human rights violation. The article examines the causes and consequences of sexual harassment, its impact on the mental and physical health of victims, as well as the legal context and measures to prevent and combat this problem. The causes of violence are identified. The state of domestic violence during martial law is analyzed. The experience of foreign countries in regulating offenses related to sexual harassment is presented. Positive international experience in taking preventive actions in the field of research is identified. Based on the study, the author draws conclusions regarding the improvement of legislation, implementation of prevention programs and provision of support to victims. It is established that sexual harassment is a serious violation of human rights and a manifestation of gender discrimination. Preventing and combating this problem requires a comprehensive approach, which includes improving legislation, raising public awareness and providing support to victims.

AKTUELLE ÄNDERUNGEN BEI DER STEUERFAHNDUNG IN DER UKRAINE: GRÜNDUNG DES BÜROS FÜR WIRTSCHAFTLICHE SICHERHEIT DER UKRAINE

Iryna Petrova — 2024-06-18

Der Artikel befasst sich mit dem gegenwärtigen Stand der Steuerverwaltung in der Ukraine, ihrer Struktur, dem Steuerverwaltungsverfahren und der gesetzlichen Regelung ihrer Durchführung. Der Autor gibt eine allgemeine Beschreibung der Steuerprüfungen nach dem geltenden Steuerrecht der Ukraine. Besonderes Augenmerk wird auf die zur Durchführung von Steuerprüfungen befugten Stellen und das Verfahren zu deren Durchführung gelegt, einschließlich des Büros für wirtschaftliche Sicherheit als die wichtigste Kontrollinstanz für die Verwendung der Finanzmittel, die der Ukraine von ihren westlichen Partnern zur Verfügung gestellt werden.

Der Autor definiert die Rechtsgrundlage für die Einrichtung dieses Organs, seinen Aufbau, seine Kernaufgaben, seine Zuständigkeit und die Rechtmäßigkeit der Ermittlungshandlungen. Es werden die Probleme und Herausforderungen aufgezeigt, mit denen das Büro für wirtschaftliche Sicherheit auf dem Weg zur europäischen Integration konfrontiert ist.

THE ROLE OF ARTIFICIAL INTELLIGENCE IN MAKING FOREIGN POLICY DECISIONS IN THE UKRAINIAN-RUSSIAN WAR

A. S. Sirenko — 2024-06-18

The article considers the application of the artificial intelligence systems as a new tool in making foreign policy decision. The content of the concept of artificial intelligence is studied, the scope of the use of artificial intelligence systems in everyday life and in international relations is studied. It can be noted that AI, as a progressive and rapidly developing technology, has a large set of tools that help people make decisions and increase the efficiency of their work, for example, save time and spent resources to achieve a particular result. With the development of technology, more and more machines with artificial intelligence are used in various areas of life. For example, the field of medicine, mechanical engineering, data analysis, public administration and politics - all these fields are actively developing with using of artificial intelligence technologies. Special attention is paid to how artificial intelligence affects in making decision, event forecasting, and automation of data analysis. The use of artificial intelligence systems in international diplomacy was analyzed. Attention is focused on the weak and strong sides and what risks this technology can carry for foreign policy decisions. The given statistical data show how artificial intelligence is treated in Ukraine. Based on the research, it can be concluded that for the widespread use of artificial intelligence, it is necessary to develop convenient and transparent rules and algorithms, norms for the using of technology and its interaction with people. Summarizing the discussed topic, we will come to the conclusion that artificial intelligence will soon become a powerful tool in international relations, diplomacy, and in other areas of our life, which will bring benefit and a real threat. But in order for the benefit to be greater, it is necessary that the people who will use artificial intelligence be trained and knowledgeable in the technology.

THE ORIGINAL RELIGIOUS BELIEFS: ORIGINS AND TYPOLOGY

Volodymyr Skrebets — 2024-06-18

The article focuses on the research in the field of religious studies and the history of religion, specifically, the original religious cults and beliefs. The original beliefs are the basis of any modern religion. It is important to understand the history of formation of the ideas from the original communities’ times to the first states and up to current times. They allow us to better understand the religious beliefs and practices of our ancestors, as well as to find out how they influenced the formation of culture and society. Important aspects of the original religious beliefs, such as animism, totemism, fetishism, magic, and shamanism, which caused the formation of complex religious systems, are analyzed in the article. The original sources of well-known anthropologists, historians of religion of the 19th-21st centuries, which were not translated into Ukrainian, were analyzed, translated and introduced into scientific circulation.

In the modern world, studying the original religious beliefs is important not only from a scientific point of view, but also from cultural and ethical points of view, as it allows to enhance our understanding and respect for the diversity of religions and cultures. The original religious beliefs have many unique features that distinguish them from more developed religious traditions. The original beliefs went beyond pure metaphysical explanations and included a variety of social and ethical aspects that were important for the formation of cultures and communities. Religious practices such as totemism and taboos played an important role in the lives of original communities and are key components of their religious traditions. In addition, original religious beliefs reflect many of the complex relationships between humans and nature, as well as our feelings and thoughts about life and death. These concepts reflect complex beliefs and practices that arose within original people groups and became key components of their religious traditions.

VIEWS OF THE NATIONAL ELITE OF THE COSSACK ERA ON THE MONARCHICAL FORM OF GOVERNMENT

Nadiia Stengach — 2024-06-18

At the present time, when the Ukrainian state is going through a difficult process of defending its independence, it is important to study the historical origins of our statehood, which shows the process of state formation in Ukraine. Specifically, it is important to understand the historical experience of the Cossack statehood during the latter half of the seventeenth century, including the challenges it faced in terms of foreign policy and international relations.

In the mid-17th century, Europe underwent a period of social and political development marked by the formation of national states and the establishment of bourgeois relations. Ukraine was not exempt from these pan-European processes. The Ukrainian liberation struggle aimed to create an independent Ukrainian state and introduce new social and economic relations based on small-scale (in fact, farmer-type) Cossack ownership of land. During the latter half of the 17th century, the Cossack state was divided between two forms of government due to the hetmans’ desire to establish a monarchy. However, the Cossacks’ senior officers (starshyna) firmly adhered to republican principles, primarily defending their own class interests. This article aims to elucidate the unique characteristics of the political culture of the Cossack officers and their inclination towards establishing a monarchical form of government.

The article’s methodology is grounded in general scientific principles and methods of cognition, with the aim of providing an objective and comprehensive coverage of facts, events, and phenomena. It is based on the principles of historicism and objectivism in scientific research, which prioritize factual material and avoid subjective evaluations. The topic was approached using general scientific and specific-historical research methods. Sources and literature were analyzed and synthesized, research was structured using periodization, historical material was presented using problem-historical method, and similar indicators and facts were compared using comparative- historical method in the same historical conditions.

Result: Yet even the monarchical tendencies were essentially democratic: the legitimacy of power, the public-law rights of Cossack officers, the preservation of local self-government bodies and legal procedures give all the reasons to assert that there were prospects for the development of the European-like monarchical form of government in the Ukrainian Cossack state of the second half of the XVII century.

Conclusions: The knowledge gained from studying this topic can be used to prevent, forestall, or overcome various crises that inevitably arise during the determination of public policy in various areas of public life.

VIRTUAL NETWORK ENVIRONMENT AS A SPACE FOR FORMING DIALOGUE BETWEEN AUTHORITY AND SOCIETY

Lina Storozhenko — 2024-06-18

The modern virtual network environment opens up new opportunities for involving the public in government processes and ensuring greater influence of citizens on decision-making; The online environment increases the level of openness and transparency, promotes interaction between government and the public, thereby strengthening the democratic principles of society.

In the era of global digitalization, it is thanks to the virtual network environment that it is possible to form a high-quality and effective government- public dialogue, which is a key aspect of civil participation in government. The article examines the virtual network environment as a platform for the formation of high-quality and effective dialogue between the government and society in order to solve pressing problems and support democratic values.

In particular, attention is focused on: key positions of the virtual network environment and its characteristics; principles of government-public dialogue; factors influencing the success and effectiveness of government-public dialogue through a virtual network environment; challenges and opportunities that arise when implementing a virtual network environment as a platform for government-public dialogue.

OBTAINING TESTIMONY OF A WITNESS IN CONDITIONS THAT ENSURE HIS SAFETY IN CRIMINAL PROCEEDINGS

Mykola Vecheria — 2024-06-18

The scientific article is devoted to the study of procedural, organizational-tactical and psychological features of obtaining witness statements in conditions that ensure his safety in criminal proceedings. It was concluded that the tactics of obtaining statements during the interrogation of a witness at the stage of pre-trial investigation are formed depending on the typical interrogation program of a person who is in the status of a witness (eyewitness, witness, expert, whistleblower, confidant, etc.), his age, and depends on the investigator situations in specific criminal proceedings, from real and potential threats to such persons, their relatives and relatives. It is noted that in the case when there are sufficient grounds to believe that the life, housing, health, property of the witness, his family and relatives are in danger, his interrogation should be conducted in conditions that ensure the confidentiality of personal information. It is emphasized that when deciding on the question of conducting an interrogation of a witness, it is worth giving priority to the safety of the witness, his family and friends, without risking the loss of potential evidence. Arguments are given that, for tactical reasons, it is expedient to question a witness in a court session by an investigating judge during a pre-trial investigation, or in the mode of a video conference using technical means from another room, in particular outside the court premises, to ensure the confidentiality of personal information. It was emphasized that obtaining objective information from minors and ensuring their safety at the same time depends on the skillful organization by the investigators of the procedure of questioning such a witness with the participation of a legal representative and a psychologist, as well as taking measures to ensure the confidentiality of information about the minor. In cases where a witness declares illegal influence after testifying, in order to keep information about his identity confidential, it is advisable to conduct the interrogation again with the assignment of the pseudonym of the participant in the investigative (search) action to the witness. In order to expand the procedural capabilities of the witness and his representative, in particular with regard to ensuring the safety of the witness due to the existence of a danger to life and health, the position is advocated for granting the right to the witness and his legal representative to apply to the investigating judge with a request to interrogate such a person in a court session in order Art. 225 of the Criminal Procedure Code of Ukraine, in particular the simultaneous interrogation of two or more already interrogated persons.

OBLIGATIONS RELATED TO THE APPLICATION OF A PREVENTIVE MEASURE IN THE FORM OF BAIL: PROBLEMS OF IMPLEMENTATION IN THE CONTEXT OF THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

Mykhailo Yakovenko — 2024-06-18

The purpose of the article is to identify the problems in the fulfilment of the obligations related to bail as a preventive measure based on the approaches formulated in the case law of the European Court of Human Rights, as well as to offer recommendations on how to resolve them.

Methods. The general philosophical basis of the study was formed by axiological and hermeneutical approaches. In particular, the first one allowed to carry out a value analysis of the fundamental human right to liberty and to assess the impact of the amount of bail to provide an effective alternative for the restriction of this right. Meanwhile, the second made it possible to apply an in-depth study and interpretation of the legal texts of the European Court of Human Rights judgments and the national legislation. When building the system of recommendations, we used the systemic and structural method, as well as the logical research method and the method of legal modelling with.

Results and conclusions. The analysis of the legal positions of the ECtHR made it possible to conditionally single out the following standards and recommendations for national judges for ensuring the legality and reasonableness of the determination the amount of bail in criminal proceedings: 1) the main purpose of bail is to ensure the appearance of a person, not to punish him or her or to create conditions for compensation for the damage caused by a criminal offence; 2) the accuracy in determining the amount of bail as an alternative to possible keeping in custody should be equal to the thoroughness in justifying the continued keeping of a person in custody; 3) if the bail is provided by the suspect/accused, the key thing to consider when determining the optimal amount of bail is his/her assets (property status) and solvency. However, if the bail is provided by another person (the bail bondsman), the relationship between the bail bondsman and the suspect/accused should be taken into account to determine the effective bail amount; 4) the extent of the damage caused by the criminal offence may be taken into account as an exception when determining the bail amount - but this cannot be applied as a general rule due to the different purpose of the bail; 5) a suspect/accused person who is being considered the possibility of being granted bail must provide the court with information that may be necessary to adequately determine the amount of potential bail and be verified for this aim; 6) the amount of bail must be substantiated in the decision of the investigating judge or court, which will serve as an important guarantee of preventing arbitrariness; 7) failure of a person to fulfil the obligation to provide bail after it has been set may be a sign that the amount of bail is excessive and disproportionate for the suspect/accused.

AUTHORITY OF LOCAL GOVERNMENT BODIES TO ENSURE THE ECONOMIC SECURITY OF THE COMMUNITY

Vadym Zub — 2024-06-18

The content of the scientific article corresponds to its title and consists in determining the powers of local self-government bodies to ensure the economic security of the community. It was emphasized that an important aspect of the effective provision of the economic security of Ukraine is an optimally constructed and functioning system of public administration bodies, whose activities, among other things, should ensure the economic security of the state, ensuring proper control of the implementation of the relevant policy. Subordination to political power, enforcement and application of laws are essential features of such a subject of public administration as local self-government bodies; activity in the public interest, the presence of the prerogative of public authority. The powers of local self-government bodies to ensure economic security include: obtaining from enterprises the necessary information about draft plans, mandatory coordination of enterprise plans; submitting proposals to projects on issues related to meeting the needs of the population; preparation of proposals for the privatization of municipal enterprises; receiving payment for land use; establishing cooperation with managers of enterprises of all forms of ownership in the direction of improving the state of development of the economic sphere of the region, analyzing and forecasting the development of the economic potential of the territory; development and implementation of models for the recovery of the local economy, entrepreneurship, diversification of production, etc. In order to improve the activities of military administrations in the field of ensuring economic security, along with the competences for ensuring national security, we suggest: streamlining the provisions of the legislation regarding their powers to make decisions on banning the trade in weapons, potent chemical and poisonous substances, alcoholic beverages and substances produced on an alcohol basis; to attribute to the competence of regional and district military administrations the authority to assist the activities of judicial and law enforcement bodies, bodies of the bar; carrying out joint analysis and holding meetings with the prosecutor’s office and other law enforcement agencies on security issues, in particular in the economic sphere in the relevant territory; participation in the preparation, approval and organization of the implementation of relevant regional and local programs. It is substantiated that the introduction of appropriate changes to the legislation will make it possible to standardize the principles and methods of activity of local self-government bodies and military administrations, to reflect the issues of responsibility and guarantees of legal status and, among other things, to formulate powers in the field of ensuring economic security.

MORAL ASPECTS OF DUTY AS A VALUE

Terezia Popovich — 2024-06-18

Law and morality are integral and important components of modern society and play an important role in regulating relations within it. Norms of law and morality are closely intertwined in the process of social regulation, which determines the mutual influence on the essential content of each of them. The interaction of the two categories is reflected in the fact that the law contributes to the realization of moral principles in the minds of all members of society, in turn, under the influence of moral requirements, the law is constantly improved and increases its role as a social regulator of social relations. In addition, the interaction of morality and law is manifested in the fact that today both the national law of most states of the world and international law use such well-known principles as humanism, justice, equality, integrity, which are a reflection of the influence of moral principles on the formation of law in general. In other words, legal norms, in order to ensure the effectiveness of their action, respond to the moral requirements of modern society, reflecting them in their content.

It is no less important to pay attention to the implementation of moral aspects in the formulation of legal obligations incumbent on citizens, since the level of their implementation and compliance directly depends on the level of implementation of moral principles and values prevailing in society. Regarding the moral aspects of duty as a value, it is worth noting that the process of formation of a legal duty was closely related to the precepts of morality, which was also reflected in the modern interpretation of duties. That is why we consider it expedient to investigate legal duty as a value for the presence of moral aspects in it and the importance of moral aspects in modern legal duty.

DIRECTIONS FOR IMPROVING THE ADMINISTRATIVE AND LEGAL MECHANISM FOR ENSURING FOOD SECURITY IN UKRAINE

Oleksiy Kuzmichev — 2024-06-18

The author emphasises that Ukrainian legislation does not contain a comprehensive legal regulation of public administration in the area of ensuring food security of Ukraine. That is why there is an urgent need to reform, first of all, the regulatory support of this function of public administration. The main directions of such reform should be: 1) adoption of a specialised law which would lay down a new legal basis for public administration in the area of food security of Ukraine; 2) improvement of the mechanism of strategic planning of the relevant area of state policy; 3) introduction of European principles and standards of public administration in this area; 4) improvement of interaction between civil society institutions and public administration in the course of public administration in the area of food security of Ukraine.

In conclusion, it is emphasised that the new law on food security of Ukraine should clearly define the system of goals and objectives of public administration in the field of food security of Ukraine, delimit the powers and competence of public administration entities within this functional area of their activities, and determine the mechanism for guaranteeing physical and economic access to food and essential goods for everyone. In addition, the Food Security Strategy for the period up to 2030 should be adopted, which should: include the principles of food security generally recognised in the EU; regulate Ukraine’s participation in ensuring global food security; involve digital technologies in agricultural production; and expand cooperation with civil society institutions in the implementation of state policy in this area.