scholarly journals THE GENESIS OF EDUCATIONAL SERVICES DEFINITION AS A LEGAL CATEGORY

2020 ◽  
Vol 33 (20) ◽  
pp. 7-14
Author(s):  
Y.M. Pavliuchenko ◽  
Y.Y. Savchuk
Keyword(s):  
Social Relations ◽  
Economic Activity ◽  
Educational Services ◽  
Scientific Article ◽  
Educational Legislation ◽  
The Status ◽  
The Times ◽  
Definition Of ◽  
Keywords Education

By the authors of this scientific article was revealed the evolution of educational services as a legal category since the times when writing have been invented and till the European integration processes in modern Ukraine. In the article was emphasized that the process of providing educational services is now mostly perceived as studying, which is a consequence of the long term use of the irrelevant terminology in the legislation of Ukraine and the lack of a legally defined definition of educational services until the adoption of the Law on Education in 2017. By the authors were determined that the expectations of providers and consumers of educational services can differ significantly in content, completeness, quality, applied efficiency of these services, forms of their provision, etc. The genesis of understanding educational services definition was described and its characteristics due to the historical and legal stages of receiving the status of educational institutions. The ways of providing educational services in terms of their economic and legal nature have been determined. The features inherent in educational services, acquired as a result of long-term development of social relations, are distinguished. The modern Ukrainian educational legislation base and providing the educational services were analyzed. It is determined that most of the legislation governing the process of providing educational services can be characterized by the general declarative norms. The authors suggested improving the conceptual and categorical apparatus and some norms of the national legislation on the providing of educational services in accordance with their current development and emphasize their economic character as a result of economic activity. Also, the article deals with that the legislative definition of the educational services definition and it was noted by the authors the only focus of the educational services on achieving the expected results of studying without the formalization of them, which can make the role of consumers of these services into a passive participant in educational relations. Keywords: education, studying, educational services, entities providing educational services, economic activity, consumer of educational services.

scholarly journals The Strategic Determinants of Formation of Competitive Advantages of Innovative Development of Enterprise

2021 ◽  
Vol 10 (525) ◽  
pp. 267-273
Author(s):  
Y. Y. Kopcha ◽  
Keyword(s):  
Business Models ◽  
Development Strategies ◽  
Scientific Article ◽  
Innovative Development ◽  
Competitive Advantages ◽  
Economic Potential ◽  
Managerial Decisions ◽  
Methods Of Analysis ◽  
Definition Of

The scientific article is aimed at defining and studying the basis of strategic determinants of the formation of competitive advantages of innovative development of enterprise. Using methods of analysis, systematization, generalization and synthesis, the works of domestic and foreign scholars on the peculiarities of ensuring strategic determinants of the formation of competitive advantages of innovative development of enterprise were studied. It is noted that the strategic determinants of innovative development of enterprise are the reasons, factors and conditions that encourage the management of enterprise towards activities, managerial decisions and development of business models that lead to the formation of innovative development strategies implemented through the use of modern innovative, digital, process-oriented and cognitive instruments designed to achieve long-term goals of the enterprise in ensuring competitive advantages. As a result of the research, the structural construction of strategic determinants of innovative development of enterprise in the conditions of achieving competitive advantages is formed and substantiated. The main tendencies of modern aspects of competitive advantages of innovative development of enterprises are identified. The peculiarities of formation of innovative development of competitive advantages of enterprise within terms of strategic determinants are considered. Prospects for further research in this direction are the definition of practical aspects of strategic determinants of the formation of competitive advantages of innovative development of enterprises in a crisis. Deepening the research is directed towards the use of competitive advantages of innovative development by enterprises in the field of management of economic potential.

Naming Plantations: Toponyms and the Construction of the Plantation System in the English Atlantic

2020 ◽  
Author(s):  
Paul Musselwhite
Keyword(s):  
Social Relations ◽  
Atlantic World ◽  
Early America ◽  
Place Names ◽  
Critical Approach ◽  
The Status ◽  
Transition To Capitalism ◽  
Definition Of ◽  
Place Naming ◽  
Political Economic

Abstract This essay pioneers a critical approach to place naming in early America, which offers new insight into the evolving definition of plantation. In early seventeenth-century England, planting was understood as a public effort to establish new commonwealths. Only gradually around the Atlantic world did plantations become predominantly associated with private places producing staple crops with enslaved labor. This essay uses the radically underutilized evidence of place-names to explore how this slippage occurred on the ground, and the way it shaped, and was shaped by, the individuals who embraced the status of “planter.” The names that individuals gave to the places they called plantations reveal how they perceived the plantation and the political, economic, and social relations it structured. By analyzing data from nearly 5,000 named tracts of land patented in four Maryland counties between 1634 and 1750, this essay charts the changing popularity of distinct elements within plantation names, including geographic descriptors, affects of the landowner, and European place-names. It reveals there was no straightforward rush to carve up the land into privatized commercial units. Instead, individuals initially structured plantations around communal frameworks defined variously by manorialism, urban civic traditions, and shared geographic lexicons. As the tobacco economy consolidated into the hands of a slave-owning class, plantation names reframed places as subjective manifestations of planter identities. These conclusions adjust our understanding of the transition to capitalism and slavery in Maryland and they also offer a blueprint for a broader toponymy of the plantation in the Atlantic world.

scholarly journals Ensuring the principles of the rule of law and legality in the activities of public administration: terminological analysis

2020 ◽  
Vol 45 (2) ◽  
pp. 91-98
Author(s):  
Iryna Shumliaieva
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
Scientific Article ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Stage Of Development ◽  
Close Relationship ◽  
Scientific Papers ◽  
Definition Of

In the context of the development of home public administration, the implementation of research in terms of providing a meaningful description of the principles of the rule of law and legality in order to comply with them and ensure the activities of public authorities is becoming relevant. Therefore, the purpose of the scientific article is to implement a terminological analysis of the principles of the rule of law and legality in the activities of public administration, as an important condition for the development of public administration. The article considers terminological issues related to the definition of the essence of the concepts «rule of law», «legality», «public administration», by analyzing scientific papers and legal documents. Particular attention is paid to the definitions contained in the norms of international and European acts concerning the definition of the content of the principles of the rule of law and legality, which allowed distinguishing the relevant international and European understanding of the conceptual foundations of these concepts. It is established that at the present stage of development of the institution of public administration in the European doctrine the principle of the rule of law prevails, which is not identified with the principle of legality, as it is included in the list of relevant requirements for the implementation of the first one. The relationship between the rule of law and the rule of legality is shown, given their close relationship, formed in the process of evolution at different times during the development of social relations. As a result of research of scientific literature and normative-legal sources, it is offered to consider legality in activity of public administration in a wide public-administrative context through a prism of regulation of the state-authoritative influence on society for the purpose of its ordering. Since the vector of the rule of law and legality is aimed at both public authorities and society, it is assumed that the adoption of these principles in society involves the implementation of the requirements set out in the article to ensure compliance with public administration.

scholarly journals REFERENCES RELATED TO THE DEFINITION OF THE STATUTE OF AERONAUTICAL STAFF IN THE PIONEERING PERIOD OF THE ROMANIAN MILITARY AERONAUTICS

2021 ◽  
Vol 19 (1) ◽  
pp. 53-58
Author(s):  
Cristian MANOLACHI ◽  
Keyword(s):  
Armed Forces ◽  
Flight Training ◽  
Historical Event ◽  
Political Factors ◽  
Starting Point ◽  
The Status ◽  
The Times ◽  
Definition Of ◽  
Military Pilots ◽  
The Military

The establishment of the Military Aviation 110 years ago, a historical event with reference to the audacious flight made by the engineer Aurel Vlaicu, on the Cotroceni land, with the Vlaicu airplane no. 1 on June the 17th, 1910, the founding of the first Civil Pilot Schools and, later on, of the first Military Flight Training School, specialized aeronautical institutions that will initiate the training of military pilots, represents the starting point that will generate major debates in the leadership and political factors of the Armed Forces, regarding the theoretical and practical methods for the development of this new reality at the beginning of the twentieth century, the selection of the human resource excellently trained and motivated to carry out fearlessly and courageously dangerous activities in the field of air weapons, but also the taking of some measures to regulate the status, the obligations and rights of the aeronautical personnel, aspects that will find their solution by developing innovative legal instruments, adapted to the requirements of the times, which will decisively influence modern developments in the fundamental area of Air Law.

scholarly journals HISTORICAL PARKS OF UKRAINE. FROM HISTORY TO MODERNITY

2020 ◽  
pp. 18-25
Author(s):  
V.M. Kyselov ◽  
◽  
G.V. Kyselovа ◽  
Keyword(s):  
17Th Century ◽  
Soviet Period ◽  
Work Of Art ◽  
The Status ◽  
Restoration Work ◽  
Architectural Structures ◽  
The Times ◽  
Definition Of ◽  
River Valleys ◽  
Landscape Gardening

Abstract. The article explores the issues of the emergence and development of historical parks in Ukraine. There are four periods of formation and development of historical parks in Ukraine: the first ‒ from the times of Kievan Rus to the middle of the 17th century (the origin of park building), the second ‒ from the middle of the 17th century before the revolution of 1917 (construction of mainly private palaces and park ensembles), the third ‒ from 1918 to 1991 (soviet period), the fourth ‒ from 1991 to the present (the period of independence of Ukraine). The definition of the concept «historical park» is given. The park is a work of art. A unique situation in human practice: to create a living and perfect work of art at the same time. Gardens and parks provide this opportunity. The park is history. The historical park preserves and broadcasts this history to us ‒ it is an object of cultural heritage, our common heritage. Sometimes the park is also a museum-reserve and bears the function of preserving heritage. Historical gardens and parks often acquire the status of monuments. Monuments of landscape gardening art are historical and cultural monuments that organically include plants, landscape features (hills, water sources and waterfalls, stream or river valleys, stones, rocks, distant landscape perspectives, sometimes wetlands), architectural structures, sculptures, flower beds, etc. Historical parks of cities include palaces and manor complexes, botanical gardens, city parks and memorial parks, as well as parks-monuments. In total, there are 88 historical parks-monuments of landscape gardening art of national and 426 local significances in Ukraine. Parks-monuments of landscape gardening art of local importance include: parks of culture and recreation, arboretums, woodlands used as recreation parks, and other objects. In particular, in the Odessa region there are 22 parks-monuments, in the city of Odessa ‒ 5 parks-monuments of gardening art (T. Shevchenko Park, Dyukovsky Garden, City Garden, Victory Arboretum, Park named after Savitsky). The article highlights the main problems in the restoration work of historical parks and solutions. The history of the emergence and development of parks in Ukraine is analyzed. It was concluded that the historical parks are multifaceted and interesting not only for architectural ensembles, but also for their biocenosis.

scholarly journals THE STATE OF LEGAL REGULATION OF OFFICIAL INVESTIGATIONS IN THE PROSECUTOR'S OFFICE

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 67-73
Author(s):  
В. О. Галушко
Keyword(s):  
Social Relations ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Current State ◽  
The Status ◽  
Definition Of ◽  
Main Regulator ◽  
High Level

The relevance of the topic of the article is that the implementation of legal procedures within a particular branch of law requires a clear establishment and definition of key stages, procedures, patterns and subjective composition of the latter. That is, we are talking about the legal regulation of legal processes, the high level of quality of which directly affects the effectiveness and efficiency of the relevant sequences of legally significant actions. Official investigations in the prosecutor's office in this aspect are no exception, so it is appropriate to analyze the current state of their legal regulation. Determining the state of legal regulation of official investigations in the prosecutor's office requires a full understanding of the features and internal nature of this category. Note that legal regulation has a deep theoretical basis. It can be pointed out that legal regulation in a separate part is an expression of the content of the principle of the rule of law, that is, it is an indicator of the action of law as the main regulator of social relations. However, there are other features of this category that are important to outline within this article. The article, based on the analysis of scientific views of scientists, offers the author's vision on the interpretation of the concept of legal regulation of official investigations in the prosecutor's office of Ukraine. Emphasis is placed on the specifics of the mechanism of legal regulation of official investigations in the prosecutor's office and identified features of its structure. The general assessment of the state of legal regulation of official investigations in the prosecutor's office is given. It is concluded that at the present stage the legal regulation of official investigations in the prosecutor's office is disordered in its internal structure. Yes, there is a corresponding dissonance between the status and the practice of applying official investigations. The procedure for this procedure, the subject composition, the local legal framework, as well as other mechanical features of official investigations are developed and have the appropriate forms of operation. At the same time, the status and purpose of official investigations in the prosecutor's office, their connection with disciplinary proceedings, principles, as well as the general place in the field of official discipline of prosecutors in modern realities are not properly regulated.

scholarly journals Problematics of the Content of "Labor" Сonstitution Сategory

2021 ◽  
pp. 20-24
Author(s):  
Anna Kanakova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
High Quality ◽  
The Status ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article discusses the constitutional category of «labour», the definition of which is not enshrined in legislative acts because it is considered to be a well-known category, which is not a special legal one and does not require any clarification. However, this approach creates difficulties for legal regulation, as it blurs the boundaries for the legislator and the executor. Lack of awareness of the concept of a regulated category can lead to a situation when the legislator, creating a new law or making amendments to an existing one, will subject to regulation the area that does not pertain to the relevant legal phenomenon, or vice versa - will ignore part of the content of the regulated category, which is certain to negatively affect the quality of legal regulation. Law enforcement practices similarly face difficulties in having only doctrinal understandings of statutory concepts, which creates inconsistency in decisions made by lawyers in course of their professional work. The 1993 Constitution of the Russian Federation enshrined the category of «labour» in a number of articles, but did not clarify the interpretation of its concept. The analysis of economic and legal views on labor allows us to conclude that, despite the status of a well-known category, which, it would seem, does not need an explanation, only the presence of clear criteria for recognizing an activity as labor, provides high-quality legal regulation, in particular, it allows not only to separate the types of activities that are not subject to legal regulation, but also to choose the right branch of law that regulates social relations in each particular case.

scholarly journals LEGAL ASPECTS OF ECONOMIC AND ENVIRONMENTAL RISKS OF ACTIVITIES RELATED WITH HIGH-RISK OBJECTS

2020 ◽  
pp. 66-78
Author(s):  
V.V. Andreitsev ◽  
Keyword(s):  
High Risk ◽  
Environmental Risk ◽  
Economic Activity ◽  
Environmental Safety ◽  
Legal Aspects ◽  
Population Based ◽  
Scientific Article ◽  
The European Union ◽  
Definition Of ◽  
Security Guarantees

The article is devoted to an actual topic on the economic and environmental risk of activities related to high risk objects. Such topic has not been practically investigated in domestic economic and legal science. The scientific article contains the key words related to the economic and ecological risk of the mentioned activity, substantiates its scientific and practical relevance in the context of legal support in the conditions of sustainable socio-economic development, as well as guaranteeing the ecological and overall safety of activities related to the high-risk objects. The author notes the research of scientists who have developed problems of economic, commercial, industrial, economic risk, in particular its legal aspects: Prof. A.G. Bobkova, prof. O.V. Bigniak, prof. O.M. Vinnik, prof. I.F. Koval, prof. V.L. Musiyaka, prof. V.V. Reznikova, prof. N.O. Saniakhmetova, prof. R.O. Stephanchuk and others. These scientists have revealed character and peculiarities of risks in economic activity. Some of them have also focused attention on the establishment of legislative restrictions on environmental safety of production, compliance with safety requirements for life and health of people. The author also points out the scientific works on legal environmental risk, highlights peculiarities of its legal nature. The article thoroughly and comprehensively presents the main results of the study, analyzes laws and other normative acts of Ukraine, the United Nations Conventions and documents of the European Union. This allowed the author to conclude on the presence of economic and environmental risk in terms of its adverse effects on the environment, life and health of the population. Based on the analysis of theoretical sources, evaluation of the domestic legislation, the author proposes the definition of economic and environmental risk, as a formal legal basis for the emergence of obligations of economic entities to eliminate the risk in the event of this risk, eliminate its consequences. He also proposes to introduce appropriate amendments to the Article 16 of the Constitution of Ukraine and the Economic Code of Ukraine, regarding the establishment of additional security guarantees for the security of economic activity related to high-risk objects.

scholarly journals Analysis of theoretical and methodological approaches to determining the concept of "customs regimes"

2021 ◽  
Vol 2 (99) ◽  
pp. 361-372
Author(s):  
S. Iu. Sokoliuk ◽  
◽  
O. S. Tupchiу ◽  
O. V. Zharun
Keyword(s):  
Economic Activity ◽  
The State ◽  
National Interests ◽  
Economic Relations ◽  
The Status ◽  
Financial Interests ◽  
Characteristic Features ◽  
National Industry ◽  
Definition Of

The article analyzes the concept of "customs regime", characteristic features are formulated, main elements, goals and functions of customs regimes in the development of foreign economic relations. The classical classification of customs regimes under the Customs Code of Ukraine is substantiated. Based on the analysis, a position on the study concept is substantiated, the interpretation of the category "Customs regimes" is provided. The conducted research confirms that under the customs regime, we understand the set of customs procedures that establish the rules for moving goods through the customs border of Ukraine and their further use in order to ensure the interests of the state in the customs sphere. The functions of customs regimes are analyzed: fiscal, which finds its implementation in the collection of customs payments in order to ensure the financial interests of the state in foreign economic activity; stimulating, implemented by exempt from customs taxation and the use of non-tariff regulation, simplification of customs procedures in order to stimulate subjects of foreign economic activity, promoting the development of a national economy, etc.; protective, which involves the use of non-tariff regulatory measures and aims to protect the economic and other national interests of the state by introducing a licensing, quota and other non-tariff restrictions when placing goods in customs regimes; control - aimed at ensuring compliance with the norms of the current legislation of Ukraine in the customs sphere, which is implemented through specific methods and forms inherent in control in the field of public administration; the regulatory, purpose of which is to regulate the order of action when placing the goods in the customs regime associated with the direction of movement of goods through the customs border, the definition of the status of goods and operations with it, etc. According to the results of generalization, the study is substantiated by the classification of customs regimes, which includes: a) the main (import (issue for free circulation) and export) as customs regimes aimed at ensuring the state's financial interests in foreign economic activity; protection of its economic and other national interests; b) preferential customs regimes (transit, customs warehouse, free customs zone, temporary import of goods to customs territory and exports at its boundaries, processing in customs territory and abroad), the purpose of applying which is to stimulate the subjects of foreign economic activity of the state, development of the national industry, promoting international trade, economic relations and relationships in the humanitarian sphere; c) special customs regimes (Repimport, re-export, duty-free trade, destruction or destruction and refusal of the state) that are not provided for by the European Union's customs law and in its essence or are auxiliary, or such that define certain signs of goods.

scholarly journals Formation And Development Of Constitutional And Legal Responsibility In Ukraine During The Cossack Republic And The Hetman State

2021 ◽  
pp. 158-166
Author(s):  
V.V. Knysh
Keyword(s):  
State Building ◽  
Point Of View ◽  
Legal Responsibility ◽  
The Political ◽  
Scientific Article ◽  
Special Role ◽  
Definition Of ◽  
Law Making ◽  
Broad Understanding

This scientific article is devoted to the problems of formation and development of the institute of constitutional and legal responsibility in the period of the Cossack republic and the Hetman state. A special role here belongs to the legal enshrinement of this institution in the provisions of the Constitution of Philip Orlyk. In general, in legal science there are various scientific directions in the definition of constitutional liability. Such scientific approaches can be combined into four groups, in particular: 1)    scientific direction, which is based on the substantiation of a narrow understanding of constitutional and legal responsibility, which is based on the recognition of only retrospective (negative) constitutional and legal responsibility; 2)    scientific direction, which substantiates a broad understanding of constitutional and legal responsibility, which involves a combination of retrospective (negative) and long-term (positive) responsibility; 3)    scientific direction, which distinguishes between retrospective (negative) and long-term (positive) responsibility; 4) scientific direction, which substantiates both the combination of retrospective (negative) and perspective (positive) responsibility, and the existence of only retrospective (negative) responsibility. At the same time, in the context of the latest trends in Ukrainian state-building and law-making, as well as taking into account the need for historical and legal (rather than purely theoretical, sectoral or institutional) study of the needs of transformation of legal responsibility in Ukraine and its individual types, constitutional and legal responsibility needs separate scientific research from a historical and legal point of view, including the formation and development during the Cossack republic and the Hetman state. According to the author, the acts of the Cossack republic and the Hetman state, and especially the Constitution of Pylyp Orlyk of 1710 not only determined the foundations of the political and socio-economic system of Ukraine, the apparatus of state power on the basis of division of power into legislative, executive and judicial, but also provided constitutional legal responsibility as a means of ensuring interaction between branches of government and a means of their effective functioning. This constitutional and legal responsibility existed both in the form of positive responsibility, which manifested itself in a clear definition of the powers of authorities and the establishment of ways and forms of interaction between them, and in the form of negative responsibility, which provided for sanctions against officials at all levels.

Sign in / Sign up

Export Citation Format

Share Document