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Published By Leonid Yuzkov Khmelnytskyi University Of Management And Law

2078-9165

2021 ◽  
pp. 207-229
Author(s):  
Tetiana FASOLKO ◽  
Petro SEMYANCHUK ◽  
Olha FEDORCHUK

The exceptional importance, extreme necessity and permanent relevance of the study of national security problems of Ukraine are substantiated. The essence of Ukraine’s national security is clarified through protection of national interests and strengthening of national position in the spheres of health care, childhood protection, social policy, pension provision, housing and communal services, migration policy, financial services market, property rights protection, stock market and securities circulation, fiscal and customs policy, trade, business, banking services, investment policy, auditing, monetary policy, licensing, industry, agriculture, transport, communications, energy and energy saving, operation natural monopolies, subsoil use, land and water resources, minerals, education, science, science technology and innovation policy, cultural development, information protection, information technology, freedom of speech and information security, cyber security and cyber defence, ecology and environmental protection, law enforcement, anti-corruption, border activities, defence, and other areas of public administration. Elements of national security of Ukraine are grouped into economic, social, informational, educational-scientific, law enforcement, defence, ecological and cultural blocks, as well as a block of other spheres of public administration. The technique of calculation of the parameters defining level of stability and durability of national security of Ukraine is developed and offered on the basis of theoretical approach. The essence of risks, dangers and threats to the national security of Ukraine is highlighted. Variants and cases of inverse curvilinear dependence between the probability of occurrence of risks in the sphere of national security of Ukraine and the degree of stability and strength of national security of Ukraine are established, modelled and characterized. With the help of the defined integral, the methods of calculating losses and loss of benefits of the state, legal entities and individuals due to the occurrence of risks, as well as the field of spread of national security risks of Ukraine are outlined. The classification and attempt to calculate the probability of occurrence of national security risks of Ukraine by elements and blocks is made.


2021 ◽  
pp. 113-119
Author(s):  
Nataliia HRABAR ◽  
Nelli LEONENKO

The article is devoted to the study of public administration in the field of tourism in terms of adaptation to the standards of the European Union. Emphasis placed on the fact that the state of domestic policy in the field of tourism does not meet modern world standards of industry management at the state level. In connection with the transition from a planned to a market model of state development in the last two decades, there have been clear problems that prevent the full use of the tourist and recreational potential of Ukraine. On the one hand, the underdevelopment of domestic tourism correlates with the general problems of political, social and economic nature inherent in developing countries at a certain stage of their development. On the other hand — the lack of the necessary methodological framework and lack of methodological developments for state regulation of tourism correlates with the impossibility of practical application of tourism laws, tourism development programs and the formation of tourism regulation structures at the national level, which directly and indirectly affect the adaptation of Ukrainian legislation and state-management activities in accordance with the standards of the European Union. Based on the results of doctrinal and comprehensive research, it concluded that in the context of promoting the gradual convergence of domestic and European public administration environment, strengthening economic and trade relations that will lead to Ukraine’s gradual integration into the EU internal market, expanding cooperation based on the rule of law and respect for the rule of law. Human rights and fundamental freedoms, the sphere of tourism occupies one of the key aspects not only at the national level but also at the international level. At the same time, in the context of adaptation of domestic legislation and public administration to EU standards, it is advisable to develop a methodology and action plan aimed at implementing the holistic guidelines and principles enshrined at the European level.


2021 ◽  
pp. 8-22
Author(s):  
Leonid VYHOVSKYI ◽  
Tetiana VYHOVSKA

In the conditions of the global ecological crisis the problem of physical habitation of people as a biological species objectively arises in the foreground. The main reasons for the negative impact of human activities and society on the natural environment, which caused such a crisis, are revealed. Emphasis is placed on the fact that the reduction in society of the technocratic worldview in the life of mankind eventually led to such a negative situation. Emphasis is placed on the fact that in order to overcome it, firstly, it is necessary to rethink the relationship in the system «human — nature» at the global level and, accordingly, to form in the individual and society the need to replace the technological worldview with ecological. It turns out that a system-forming element in the system of ecological worldview is ecological consciousness which is ultimately managed to provide a spiritual basis for a set of environmental factors in human life and society. As a result, they become priorities in human life. Moreover, they can even become a meaning of human life. The content of the basic levels of ecological consciousness formation is revealed: national-realistic, everyday-empirical and conscious-theoretical. It is proved that the carriers of the national-realistic level are characterized by an intuitive approach to understanding the existing environmental problems. As for the everyday-empirical level of ecological consciousness, such people are interested in the practical solution of the problem in the field of ecology, which is directly related to them. And only the carriers of the conscious-theoretical level of ecological consciousness are characterized by a conscious and stable attitude towards environmental problems in all their manifestations. They are characterized by the active life position of protection and conservation of nature, which is realized in active environmental activities. It is proved that ecotourism serves as an effective means of forming and affirming the ecological consciousness and ecological culture of the individual and society, due to the fact that in the process of human interaction with the natural environment the need for care is formed. The content and correlation of the concepts «ecotourism», «biotourism», «natural tourism», «agritourism», «green tourism» are revealed. It turns out that ecotourism necessarily supports the «greening» of other types of tourism, which in their activities are beginning to teach not only the risks of negative impact of such activities on the environment, but also create efforts to ensure its preservation. The significant ecological potential of Khmelnytskyi region is revealed.


2021 ◽  
pp. 70-94
Author(s):  
Nadiia BONDARENKO-ZELINSKA ◽  
Maryna BORYSLAVSKA ◽  
Oksana TRACH

The article explores certain problems of law enforcement practice in recognizing inheritance as escheat. The subject of scientific analysis is the subject composition of these procedural relations. Applicants in this category of cases can be conditionally divided into two groups: 1) persons obliged to submit an application to the court for recognition of the inheritance as escheat, and 2) persons who have the right to do so. The persons who are obliged to apply to the court for recognition of the inheritance as escheat are territorial communities. On the basis of an analysis of the legislation, it was established that in the case where a united territorial community was formed in a certain territory, it is authorized to apply to the court for recognition of the inheritance as escheat. On behalf of the local self-government body as a representative of the territorial community (united territorial community), a lawsuit may be initiated to recognize the inheritance as escheat: 1)by its headman or 2) another person authorized to do so according to the law, statute, regulation, employment contract. That is, there can be both self-representation and representation on the basis of a special assignment. It received additional justification for the ability of the prosecutor’s office to submit an application for recognition of the inheritance as escheat in the absence of a territorial community. In such a case, the public prosecutor's office shall represent the legitimate interests of the State in court, in accordance with article 56 of the Code of Criminal Procedure, as a body or person entitled to defend the rights, freedoms and interests of others (human rights defender). The possibility of participating not only as an applicant but also as a human rights defender is justified. The possibility of self-representation of local self-governments in cases of recognition of inheritance as escheat by a headman is proposed. It is further argued that such a possibility should be provided for in the Headman’s Regulations, which are approved by the relevant local councils. The peculiarities of initiation of production by subjects for whom the application to the court for recognition of the inheritance as escheat is a right, not an obligation (creditors of the testator, owners and/or users of adjacent land plots) are analyzed. If an applicant in cases of recognition of the inheritance as escheat is a creditor, documents confirming the existing obligations in relation to the debtor-testator should be attached to the application. Recommendations are made on a list of documents that can confirm the status of an applicant-related land user to apply to the court for recognition of the inheritance as escheat. It is proposed to amend Art. 335 CPC of Ukraine on the necessity to provide the originals of written evidence together with a statement on the recognition of the inheritance as escheat. The role of a notary in cases of recognition of inheritance as escheat has been investigated. It is proposed to provide in the legislation the right of a notary to submit to the court an application for recognition of the inheritance as escheat. It is proposed to improve the way of informing the public about the discovery of an inheritance that has no heirs.


2021 ◽  
pp. 150-165
Author(s):  
Tetiana FASOLKO ◽  
Inna CHAIKOVSKA ◽  
Petro SEMYANCHUK

Tourism is a promising and important sector of the national economy that improves and diversifies people's lives by providing them with good recreational, educational, cultural, religious, economic, educational, environmental, humanitarian, communication, holistic and health services as well as meeting the relevant needs. The article thoroughly describes the theoretical aspects and reveals the features of the functioning of tourism companies, in particular, and the tourism industry in general. Demand for a tourist product is the number of ordered services that tourists want and can pay for at a certain price level. The offer of tourist products is the number of offered tourist services that the travel agency wants and can provide. The average costs of a travel agency — is the cost of a particular type of travel service, which depends on the average and marginal productivity of investment in tourism. These arguments are intended to help practitioners take real and effective steps to improve the development of the tourism business, expand its sphere of influence, effective financial design and information support. Information technologies and software in the modern information society and knowledge economy are an important key driver of the progress of science, technology and current economic practice from the microeconomic environment to the megaeconomic level. The tourism industry must participate in this progressive trend. The versatility of information technology and software allows you to calculate, forecast and analyze demand, supply, pricing, optimal allocation of available resources, structure and dynamics of average and marginal costs, as well as average and marginal return on investment, development of financing projects and more. Information technologies and software contribute to the significant facilitation of the choice of tourist routes, modeling of various situations both for tourist companies and for tourists themselves. It is proved that financial design in the tourism business is a very important element of its development and largely depends on the level of implementation and application of information technology and software. It has been found that programming and information processing technologies allow to develop optimal financial projects with minimal errors. Thus, the dynamics of average and marginal costs, the trend of marginal and average productivity, unexpected losses are prevented, funds for the development of intellectual capital, expansion and improvement of production capacities, efficient, careful and rational use of tourist and recreational tourism are calculated with approximate real accuracy.


2021 ◽  
pp. 130-139
Author(s):  
Nataliia KULISH

The article is devoted to the study of the phenomenon of religious tourism in Khmelnytskyi region. It is noted that religious tourism is realized in two formats: sightseeing and pilgrimage. It is stated that under modern conditions of Khmelnytskyi region there is a powerful layer of various religious monuments. Among these are, pagan «places of power», settlements-sanctuaries, temples, sacrificial wells, rock temples, dolmens, stone monumentalism. Christianity is widely represented: churches, cathedrals, churches, monasteries, churches, chapels. The Jewish sacred heritage is the follows; synagogues and necropolises became widespread in the region. Remains are considered interesting tourist locations elements of Muslim mosques and minarets. Emphasis is placed on the diversity of architectural forms, styles, purpose of religious buildings: stone churches, churches, defensive synagogues, wooden temples, rotunda churches; built in neo-Gothic, Renaissance, Baroque, Late Baroque, Classical, Greek, «pseudo-Russian», local styles; regimental churches, castle temples. Some examples of the historical past and present of sacred buildings are given. Emphasis is placed on the insufficiently-studied locations of religious tourism, they are «kissing ponds» — wells, springs, streams, lakes, many of which are in Khmelnytskyi region. Interesting tourist locations can be settlements that have given impetus to the development of various cultural phenomena related to religion. Sacred monuments destroyed during the Soviet period can have a powerful potential. Their identification, restoration, popularization will provide a solid basis for a broad understanding of the history of the region, the restoration of lost cultural strata and national memory.


2021 ◽  
pp. 87-97
Author(s):  
Olena CHERNIAK ◽  
Alla KIRYK

The tourism industry has been studied as one of the important components of the world economy. The place and role of licensing of tourist activity in the system of state regulation in the field of tourism are considered. The normative-legal regulation of licensing of tourist activity in Ukraine is analyzed. It is determined that the obligation to issue licenses for the right to conduct tour operators is assigned to the State Agency for Tourism Development of Ukraine (DART). The views of representatives of the tourism business on the abolition of licensing of travel agencies in Ukraine, which was carried out on the basis of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine to Restrict State Regulation of Economic Activity». Modern approaches to the protection of the rights and legitimate interests of tourism market participants in some countries and in Ukraine are analyzed. The procedure for issuing licenses for tourism activities in such popular tourist countries as Italy, France, Great Britain, Turkey, Thailand, Japan and the UAE is considered. The legal regulation of tourism in the European Union is studied and the Directive (EU) № 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package tours and related travel organizations is analyzed, which aims to promote the proper functioning of the internal market and achieve the highest possible higher and equal level of protection of consumers of tourist services. It is determined which public authorities in foreign countries are responsible for state regulation of tourism. The types of licenses that can be obtained when opening travel agencies in foreign countries are considered. It is established that the procedure for obtaining a license differs from country to country and depends on a number of factors, including: models of public tourism management, development of the general legal framework, formation and structure of the tourism market, the presence of an association of tourism professionals. The improvement of state regulation of tourism development in Ukraine on the basis of international experience is analyzed. The directions of Ukraine which are directed on improvement of tourist sphere, namely introduction of the register of subjects of tourist activity are defined.


2021 ◽  
pp. 112-120
Author(s):  
Anna MISINKEVYCH

The article is devoted to basic environmental and legal issues to protect the aquatic environment of the Black Sea in Ukraine. The author analyzes the critical environmental situation of the Black Sea pollution with plastic and other hazardous chemical waste, which adversely affects the lives and health of people and marine animals. We study the legislative support of the Black Sea at both the national and international levels. Much attention in the article is paid to the environmental block of the International Association Agreement between Ukraine and the EU, which was concluded in 2014. This legal document provides a complete list of requirements that must be met by our state in the legal field for the successful reform of water relations at the national level. These include the development and adoption of the Marine Environmental Strategy of Ukraine, a new National Program for the Protection of the Black and Azov Seas, updated State Standards of Ukraine, which would unify the terminology by Directive 2008/56 / EU on the use and protection of water in Ukraine. This normative legal act obliges at the national and local levels to adopt appropriate programs that would ensure the protection of the seas, as well as to reform the national water management system of Ukraine. First of all, this article assumes towards improving the state mechanism keeping the state water cadastre as a component of the implementation of good governance of water resources of the country. The author in his work emphasizes the need for a single government agency to keep the state water cadastre, ensuring optimization of public administration in the field of relationships and reduce duplication of functions related institutions. This leading public body should be the State Service of Ukraine for Surveying, Mapping, and Cadastre. Secondly, the article examines the draft Law of Ukraine «On State Environmental Control» № 3091 of 19.02.2020, which changes the structure and functional responsibilities of state management of the water fund of Ukraine. According to the scientist, the final stage in the development of water relations in our country should be the adoption of a new Water Code of Ukraine, which would reflect and guarantee the basic principles of European water law.


2021 ◽  
pp. 18-26
Author(s):  
Volodymyr KOROL

The article continues the series of studies in the field of international economic (tax) law relating to the barriers and prospects of multidimensional action plan BEPS initiated by OECD and G-20 implementation. It’s dedicated to the issue of the states’ economic interest ensuring in the field of digital services taxation of non-residents exporting such kind of services to the business entities and physical persons without paying any direct corporate income tax. Above mentioned issue is considered on the multilateral level initially taking into account the most significant concept and legal drafting within Action 1 «Tax Challenges Arising from Digitalization» of multidimensional action plan BEPS initiated by OECD and G-20. Attention is focused, particularly, on the basic value creation concepts as well as intentions to modify long-standing approaches and to introduce novelties regarding identification of nonresidents-importers’ nexus to the territories of the states under absence of their permanent establishments. Regional level became the context of issue researching, on the one hand, UE institutions legislative initiatives relating to directive drafting aiming at new tax on gross income of digital services on the common market big companies-providers introduction, on the other hand, negative reaction of several member states towards such initiative on behalf of their companies which are digital services leading exports. Special attention has been given to the national legislation level with respect to unilateral actions of the power bodies of France, being one of the primary European integration apologist project, resulted in special law adoption. Its rules introduced new corporate income tax on digital services to be paid both residents and non-residents. Such legislative approach is contrary to the interests of such kind of services leading exporters — multinational corporations from the USA and China creating risks of both symmetric and asymmetric international economic and law countermeasures, particularly, within World Trade Organization implementation.


2021 ◽  
pp. 230-238
Author(s):  
Oleksii DEMIKHOV

Relevance of research. Medical care providing for bronchopulmonary dysplasia is an urgent problem of modern medicine. Currently, there is a need to develop a model of medical care for children with bronchopulmonary dysplasia with a high risk of dysplastic pathology of the bronchopulmonary system. The relevance of such a model is due to the existing socio-medical significance of the problem of health. The purpose of the study: to develop a set of regulatory and legal support for the structural and functional model of medical care for children with bronchopulmonary dysplasia. Materials and methods of research. The analysis of scientific sources and practical management questions is carried out, the directions of the further research are chosen. The following methods are used: system approach, bibliosemantic, epidemiological and statistical. Results and discussion. The article examines various scientific sources and discusses the results of management decisions in medical institutions. The draft laws discussed in the publication offer tools for formulating and implementing public health policy. This model of the system of medical care for children with bronchopulmonary dysplasia has such distinctive features as systemic and personalized approach with the integration of efforts of specialists of related profiles, as well as cost-effectiveness, as the resource base is effectively used in the medical system. Conclusions. The author clarifies the powers of the subjects of public health policy, details the requirements for monitoring the implementation of public health policy, the procedure for conducting and evaluating effectiveness. In order to improve the legal framework, the article presents the directions of implementation of draft laws prepared during 2013–2016. The terminological apparatus, which is harmonized with international standards, has been supplemented. Prospects for further research. Further research should focus on the socio-medical effectiveness of the legislative and regulatory support of the components of the structural-functional model, which are related to assessing their impact on the implementation of health technologies at the regional, local community and family levels.


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