scholarly journals LEGAL MECHANISM OF BANKRUPTCY OF STATE-OWNED ENTERPRISES IN UKRAINE

2020 ◽  
Vol 112 (5) ◽  
pp. 71-83
Author(s):  
MELNYCHENKO Ruslan
Keyword(s):  
The State ◽  
National Courts ◽  
Scientific Analysis ◽  
State Owned Enterprise ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Bankruptcy Procedure ◽  
The One ◽  
Legal Mechanism ◽  
State Enterprises

Background. As of today, there is no effective legal mechanism for the bankruptcy of state-owned enterprises in Ukraine, as the ECtHR has repeatedly stated in its decisions. The problem is due to the legal prohibition of liquidation and rehabilitation of such enterprises, as well as the fact that creditors do not have any other tools to protect their rights in Ukraine and are forced to apply to the ECtHR as a last resort. Ultimately, the reality in Ukraine today is that, in practice, the rights of creditors of state-owned enterprises have not been guaranteed or protected by national courts for decades, and isolated appeals to the ECtHR do not solve this problem in general. The aim of the article is to outline specific legislative problems of bankruptcy of state-owned enterprises, as well as to develop proposals for further improvement of the organizational bases of bankruptcy of state-owned enterprises. Materials and methods. The theoretical basis of the article was the scientific works of scientists from different fields of law, who in one way or another investigated the problems of the bankruptcy of state-owned enterprises in Ukraine. The philosophical methods of cognition (dialectical, hermeneutic), general scientific (analysis and synthesis, system-structural, modeling, abstraction, formal-logical, historical) are used and special methods used in jurisprudence (methods of interpreting the rules of law, legal-dogmatic, comparative legal). Results. An analytical analysis of the existing mechanism of bankruptcy of state-owned enterprises in Ukraine after the reform of legislation in 2018 and the adoption of a qualitatively new Code of Ukraine on Bankruptcy Procedures is conducted. Specific problems of the legislation of Ukraine which make impossible the effective legal mechanism of bankruptcy of the state enterprises in Ukraine are outlined. Further directions of improvement of organizational bases of bankruptcy of the state enterprises in Ukraine are offered. Conclusion. The Bankruptcy Procedure Code of Ukraine makes the reorganization of a state-owned enterprise and the sale of the property of a bankrupt state-owned enterprise subject to the political will of the representatives of the bodies authorized to manage the respective state-owned enterprise. The Cabinet of Ministers of Ukraine, as well as the central executive bodies, do not prevent the bankruptcy of state-owned enterprises by their policies and actions. In Ukraine, this problem is extremely acute because, on the one hand, there is objectively no state support for state-owned enterprises that are insolvent, but on the other hand, courts and arbitration trustees cannot eliminate or restore the solvency (reorganization procedure) of state-owned enterprises through legislation. obstacles.

scholarly journals The Policy of Poland and Romania Concerning Interned Army of the Ukrainian People's Republic (1921–1924s): Modern Domestic Historiography

2021 ◽  
pp. 118-129
Author(s):  
Mykola Stopchak ◽  
Keyword(s):  
Comprehensive Analysis ◽  
The State ◽  
Significant Progress ◽  
National Interests ◽  
Scientific Analysis ◽  
The First World War ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Historical Comparative ◽  
First World

The article focuses on a comprehensive analysis of the historiographical achievements of modern Ukrainian historians on the policy of the leadership of Poland and Romania regarding the interned in the camps of these countries, the Army of the Ukrainian People's Republic. The methodological basis of the study comprises the principles of historicism, objectivity and systematics. General scientific and special research methods were used in solving the set tasks: historiographical analysis and synthesis of knowledge development, generalization, quantitative, historical-comparative, chronological, retrospective, etc. The scientific novelty of the work lies in a comprehensive analysis of the state of study in modern domestic historiography of the policy of the leadership of Poland and Romania during 1921-1924s concernig interned Army of the UPR. Conclusions. The analysis of the historiographical achievements of modern Ukrainian historians proved they have made significant progress in studying the scientific field. Having gained access to previously closed domestic and foreignarchival materials, scholars of independent Ukraine cooperated with foreign historians and rejected unscientific, ideologically biased approaches and conclusions of Soviet historiography regarding the policy of the Polish and Romanian leadership towards the interned army. The shortcomings of Ukrainian foreign historiography on this problem, which consisted of a number of inaccuracies and a weak source base, were eliminated, which led to the distortion of historical realities. Domestic historians have clearly shown that the policy pursued by the governments of Poland and Romania regarding the internment of the UPR Army in the camps of these countries was aimed at ensuring their own national interests. It varied depending on the state of relations with its aggressive northern neighbor – Bolshevik Russia. The orientation of this policy was significantly influenced by the position of the Entente states, the victors of the First World War/ They viewed the UPR Army as a force capable of counteracting the expansionist aspirations of Bolshevik Russia. At the same time, despite significant progress in the study of this topic, especially in the 1990s – early XXI century, in the last twenty years, domestic historians didn’t pay enough attention to its study. A number of aspects of this problem remain unexplored and require further scientific analysis.

scholarly journals RESPONSIBILITY FOR TRAFFICKING IN PERSONS UNDER RUSSIAN CRIMINAL LAW: ISSUES OF LEGISLATIVE TECHNOLOGY AND LAW

2020 ◽  
Vol 24 (4) ◽  
pp. 1078-1099
Author(s):  
Nina Yu. Skripchenko
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Criminal Code ◽  
Social Consequences ◽  
Trafficking In Persons ◽  
Illegal Migration ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Definition Of

Today, no state in the world can say with confidence that it does not face the problem of human trafficking as it does not depend on the geopolitical position of the country, nor on the socio-economic situation. The negative social consequences of the transformations in Russia at the end of the last century determined not only its transit destination during the illegal migration of labor, but also the role of the sender and recipient of human commodity (mainly women and children) intended for exploitation (i.e. including sexual), surrogacy, removal of organs and tissues. Trying to adhere to the international definition of human trafficking as much as possible and drawing on the existing experience of regulation, the Russian legislator enshrined the norm in the Criminal Code (Article 1271) containing editorial flaws that impeded its implementation. The purpose of the study is to formulate proposals to address the deficiencies identified during the study of the legislative definition of trafficking in persons, which cause difficulties in enforcement. The methodological basis is constituted by general scientific (analysis and synthesis, dialectics) and private scientific research methods (system-structural, formal-legal, logical, linguistic). The paper notes the terminological difficulties associated with the inclusion of Convention norms in the system of Russian law. Noting the need to establish enhanced guarantees of child safety, the author does not see the need for independent criminalization of trafficking in minors. By identifying technical and legal shortcomings in the definition of human trafficking and human exploitation, the author suggests ways to solve them by reforming the criminal law and judicial interpretation at the level of the Plenary Session of the Supreme Court of the Russian Federation.

scholarly journals STATE SUPPORT: CONSTITUTIONAL FIXING IN FOREIGN COUNTRIES

2019 ◽  
Vol 7 (4) ◽  
pp. 813-817
Author(s):  
Aleksej N. Nifanov ◽  
Andrey V. Sushkov ◽  
Abdurahman A. Shahbanov ◽  
Vasilij A. Zajcev ◽  
Elnur E. Veliev
Keyword(s):  
Comparative Analysis ◽  
The State ◽  
State Support ◽  
Scientific Methods ◽  
Dialectical Approach ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Alternative Approaches ◽  
Scientific System

Purpose: Taking into account the domestic experience, the present study was aimed at carrying out a comparative analysis of the constitutions of foreign countries in order to identify the norms related to the state support in them. Methodology: The present study was carried out based on a dialectical approach to investigate the legal phenomena and processes, using general scientific (system, logical, analysis and synthesis) and private scientific methods. Result: The findings of this study revealed the opportunity for the organization of various recipients of the declared support; and identification of alternative approaches to consolidation of the constitutional laws regarding the state support. Applications: This research can be used for universities and students in politic. Novelty/Originality: In this research, the model of constitutional fixing in foreign countries is presented in a comprehensive and complete manner.

scholarly journals About the Status of Law Norms

2021 ◽  
Vol 1 (2) ◽  
pp. 58-68
Author(s):  
Vladimir Valentinovich Kozhevnikov
Keyword(s):  
Social Sciences ◽  
Point Of View ◽  
Scientific Article ◽  
Special Sciences ◽  
Legal Literature ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
The Status ◽  
General Scientific ◽  
The Subject

This article analyzes the problem of recommendatory norms in Russian literature, both Soviet and modern, which is solved ambiguously. As for Soviet theoretical scientists, recommendation norms were the subject of study by such authors as Nikolai Grigorievich Alexandrov, Alexander Filippovich Shebanov, Peter Yemelyanovich Nedbailo, Vladimir Srgeevich Petrov, Valery Evaldovich Krasnyansky. Viktor Mikhailovich Gorshenev, Cecilia Abramovna Yampolskaya, Vladimir Matveevich Solyanik, Viktor Lavrenievich Kulapov, whose scientific works are given below. Regarding modern legal literature, unfortunately, we have to state that, basically, with rare exceptions (scientific articles by Vladimir Valentinovich Kozhevnikov, Alexander Evgenievich Kondratyev, Sadri Salikhovich Kuzakbirdiev), this problem is considered only in educational literature. When preparing a scientific article, the following methods were used: general philosophical (dialectical-materialistic), which is used in all social sciences; general scientific (analysis and synthesis, logical and historical, comparisons, abstractions, etc.), which are used not only by the theory of state and law, but also by other social sciences; special methods (philological, cybernetic, psychological, etc.), developed by special sciences and widely used for the knowledge of state and legal phenomena; private scientific (formal legal, interpretation of law, etc.), which are developed by the theory of state and law. Soviet scientists - legal theorists: supporters and opponents of the recognition of recommendatory norms of law.  From the point of view of scientists, a "recommendatory" -containing recommendation, i.e. advice, wish [1], instruction [2].

scholarly journals Theoretical and methodological approaches to periodization of technical and technological development

2020 ◽  
Keyword(s):  
Technological Development ◽  
Current State ◽  
The World ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Methodological Approaches ◽  
The One ◽  
Globalized World ◽  
Scientific Ideas ◽  
Selection Of

The article is devoted to the problem of technical and technological development, which in the modern globalized world is subject to the laws of cyclicity. The realities of today are evidence that in every country of the world coexist and interact elements of different levels of technological structures, which requires a balanced policy to manage their development. Therefore, the purpose of this study is to identify the main theoretical and methodological approaches to the periodization of technical and technological development of the world economy and the formation of generalized criteria for structuring periods of its cyclical dynamics. In the course of the research the tasks were solved, which consisted in the selection of those theoretical and methodological approaches that most fully cover the causal links between changes in technology and technology, on the one hand, and development – on the other; identifying in each approach the criteria of periodization and determining the possibilities of these approaches to describe the current situation. The methodological basis was such general scientific research methods as dialectics, analysis and synthesis, the unity of historical and logical, as well as methods of generalizations, comparisons and classifications. The result of their application was to clarify the essence and establish the specifics of the conceptual approaches of M. Kondratiev, С. Perez and S. Glazyev, which today are considered to be leading in explaining technical and technological development. Based on the comparison of these theoretical and methodological approaches, a generalized idea of the criteria for periodization of the latter is formed. The general conclusion of the study is the formation of scientific ideas about the stages through which society passes in its technical and technological development. This allows you to properly assess the current state of a particular economic system and choose more effective instruments of economic policy to guide its development through progress.

scholarly journals AUDIT AS A FORM OF CONTROL OF THE STATE FINANCIAL INSPECTION OF UKRAINE

2019 ◽  
Vol 4 (5) ◽  
pp. 31 ◽  
Author(s):  
Ihor Bohdaniuk ◽  
Vladyslav Kolisnichenko ◽  
Olena Ustymenko
Keyword(s):  
The State ◽  
Structural Method ◽  
Legal Method ◽  
Optimal Functioning ◽  
Domestic Legislation ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Characteristic Features ◽  
Definition Of ◽  
Selection Of

The aim of the article is to review the audit as a form of control of the State Financial Inspection of Ukraine and to analyse its forms and types. The subject of the study is the audit as a form of control of the State Financial Inspection of Ukraine. Research methodology. The research is based on the use of general scientific and specialscientific methods and techniques of scientific knowledge. The dialectical method made it possible to investigate the definition of the audit as a form of control of the State Financial Inspection of Ukraine and the procedure for its appointment. The comparative legal method was used in order to compare doctrinal approaches to this issue. Interpretation of the content of normative legal acts of domestic legislation was carried out with the help of the normative-dogmatic method. These acts regulate the problem of appointment and conduction of the audit. The system-structural method was used for the study of the audit institution as a whole (system) with the coordinated functioning of all its elements. Methods of analysis and synthesis helped to study some parts of this institute to formulate further conclusions about its most optimal functioning. Practical impact. The analysis of types of audits, as well as their characteristic features, helped to develop recommendations for improving the procedure for conducting audits by the State Financial Inspection of Ukraine, as well as to identify problematic issues that require further consideration and research. Correlation/originality. In the research, there was made a proposal about audits, which are carried out by the State Financial Inspection of Ukraine and its territorial bodies. The proposal was to make them a form of forecasting control. It was recommended to qualify the fact of prevention the officials of the controlling body from carrying out the audit, checking or not providing the necessary documents for audit and verification as an administrative offense. A special attention was paid to the timeliness of the selection of explanations from the involved persons during the detection of offenses.

scholarly journals Development of Theoretical Provisions on the Adaptation and Integration of Migrants

2019 ◽  
pp. 1-12
Author(s):  
Leonid A. Kononov ◽  
Viktoria Yu. Ledeneva
Keyword(s):  
State Policy ◽  
The State ◽  
Clear Understanding ◽  
Theoretical Understanding ◽  
Holistic View ◽  
Distinctive Features ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Systemic View

Recently, the terms “adaptation and integration of migrants” are often found in scientific and public literature. However, there is still no unified opinion and clear understanding of the essence and content of these concepts, their distinctive features, which negatively affects the formation and implementation of the state policy of adaptation and integration of migrants and requires development of theoretical provisions on these processes. The purpose of this article is to develop theoretical provisions on the adaptation and integration of migrants, as well as on the state policy of adaptation and integration, the formation of a holistic view of these phenomena and processes. The article is devoted to the theoretical understanding of such concepts as adaptation of migrants, integration of migrants, state policy of adaptation and integration of foreign citizens. The author’s vision of these phenomena is also presented. In the course of the study, general scientific methods of analysis and synthesis were used, as well as a systematic approach, methods of comparisons, etc. The conclusion of the article contains the main theoretical positions that form a systemic view on the adaptation and integration of migrants, the state policy of adaptation and integration, which create a holistic view on these processes

scholarly journals PSYCHOLOGICAL MODEL OF CIVIC IDENTITY FORMATION

2021 ◽  
Vol 12 (2) ◽  
pp. 167-178
Author(s):  
Inha Petrovska
Keyword(s):  
Identity Formation ◽  
The State ◽  
Civic Identity ◽  
Psychological Model ◽  
Scientific Methods ◽  
Psychological Mechanisms ◽  
Analysis And Synthesis ◽  
Mechanisms Of Formation ◽  
General Scientific

Aim. The research aims to present the psychological concept of civic identity formation, namely author's view on the nature of civic identity, the stages and psychological mechanisms of civic identity formation. Methods. A system of general scientific methods was used: analysis and synthesis of the main provisions of research sources on the study of civic identity as a complex multidimensional personality formation, comprehension of the psychological foundations of civic identity, systematization and generalization of scientific provisions on the stages and mechanisms of identity. Results. It is proposed to consider civic identity as a kind of organizational identity, which is self-determination in the organizational environment of the state, as well as self-identification with the role of a citizen and is the primary psychological regulator of civic behavior. The main stages of civic identity formation are: perceptual-systemic, normative-community and individual-integrational. The main mechanisms of formation of civic identity are: internalization of stereotypes and attitudes of citizenship; imitation of models of civic behavior; individuation of the meanings (sense) of citizenship; exteriorization of stereotypes, attitudes and patterns of civic behavior; implementation of the experience of interaction with the state and fellow citizens; comprehension of one's own citizenship. Conclusions. Formation of civic identity (civic protoidentity – reproductive civic identity – productive civic identity) is a dynamic process that has staged nature as it involves a series of successive stages, at each of which civic identity undergoes qualitative changes and is formed as an individual's awareness and reflection of his/her place, role and degree of activity in the system of interaction with other citizens and the state.

scholarly journals Technosphere as a Subject of Scientific Analysis: the Humanitarian Dimension

2020 ◽  
Vol 20 (3) ◽  
pp. 312-324
Author(s):  
Dmitriy K. Stozhko ◽  
Konstantin P. Stozhko
Keyword(s):  
Industrial Society ◽  
Dominant Position ◽  
Dialectical Approach ◽  
Biological Matter ◽  
Gradual Loss ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
Human Autonomy ◽  
The One ◽  
Post Industrial

Introduction. The aim of the study is to identify the dialectics of the humanitarian and technological aspects of the formation and development of the technosphere. The authors’ historical and philosophical analysis of the formation and development of the technosphere at the stages of the early industrial, mature industrial and post-industrial society, as well as the correlation of the technosphere with the biosphere and noosphere in the context of globalism and the modern information society, is proposed. Materials and Methods. The work uses the dialectical approach, methods of induction and deduction, analysis and synthesis, structural-functional and program-targeted research methods. Results. In the framework of the dialectical approach, the position is argued that the ratio of technology and technology, on the one hand, and nature, biological matter, on the other hand, indicates the development of two trends: human autotrophy (human autonomy from natural forces) and its growing dependence on technology. The current structure of the modern technosphere is presented. The planetary and its national aspects are highlighted. The main stages of the development of the technosphere in the context of various technical revolutions are shown. The main risks of strengthening the dominant position of the technosphere and the transformation of its constituent technostructures, leading to the gradual loss of control over the content and nature of its functioning by the person, are revealed. Discussion and Conclusion. Based on a generalized analysis of philosophical ideas (D. Bell, J. Bernheim, J. K. Galbraith, T. Kuhn, G. Marcuse, M. Heidegger, M. Scheller, J. Ellul), an assessment of modern trends in the scientific study of humanitarian aspects is proposed. technospheres.

scholarly journals IMPACT OF THE MACRO ENVIRONMENT ON THE ECOTOURISM INFRASTRUCTURE

2020 ◽  
Vol 1 (2) ◽  
pp. 33-38
Author(s):  
Liudmyla Bezuhla
Keyword(s):  
Social Services ◽  
Economic Benefits ◽  
Primary Sources ◽  
Analysis And Synthesis ◽  
Macroeconomic Indicators ◽  
Research Problems ◽  
General Scientific ◽  
The One ◽  
Object Of Study ◽  
The Impact

The purpose of the study is to assess the impact of the macro environment on ecotourism infrastructure. Methodology. The theoretical and methodological basis of the article is the basic provisions of the theory of ecotourism development in the conditions of transformational changes. To achieve the goal of the research, there were used general scientific theoretical methods: generalization, explanation, grouping – to analyze the views of economists on the object of study and to formulate conclusions of the content analysis of primary sources; analysis and synthesis – to substantiate the conceptual provisions, principles in solving research problems. Results. Ecotourism infrastructure plays a key role in the development of ecotourism. Its existence is associated with the state of productive forces and the territorial division of labor, as well as the efficiency of material production. The infrastructural arrangement of ecotourism, on the one hand, depends on the pace of modernization, and on the other hand, it acts as a driver of economic growth of ecotourism. The development of ecotourism infrastructure depends on the specifics of the industry and regions and is carried out in accordance with changes in the production sphere. It is given that infrastructure has a significant impact on the efficiency of economic entities through the participation of industrial and social services in the creation of consumer value and prices of services. Thus, it is important to study the impact of the macro environment on ecotourism infrastructure. Practical implications. The subject оf research is the theoretical and methodological, as well as scientific and practical principles of assessing the impact of the macro environment on ecotourism infrastructure. In the article, the principles of effective ecotourism with optimal ecotourism infrastructure usage have been justified. It is determined that the development of ecotourism can cause a variety of consequences at the local, regional and national levels, the range of which is from very favorable to destructive. Socio-economic aspects related to the development of ecotourism infrastructure are analyzed. Value/ originality. PEST-analysis of the impact of the macro environment on the ecotourism infrastructure was conducted. Having studied the impact of macroeconomic indicators on ecotourism infrastructure, it can be argued that it is optimal to put economic benefits in the foreground and ensure the preservation of their own habitat.

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