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Published By Lviv State University Of Internal Affairs

2617-4170, 2617-4162

2021 ◽  
Vol 13 (3) ◽  
pp. 156-162
Author(s):  
Nataliya Blaga ◽  
◽  
Volodymyr Hobela

The mechanism of communication process and information security at an enterprise is considered. The theoretical aspects of the communications at the enterprise are based on the variety of its form and the relation of organizational and information structures: most activities have underlying links via information processes. Thus information security of communication process has a significant impact on the information security of the enterprise as a whole. In modern conditions and circumstances, the information security of the enterprise is largely reduced to cybersecurity and suffers from most threats of the latter. However, the human factor is responsible for most of the real facts of inflicting harm due to information security breaches. Thus, traditional mechanisms of privacy and confidentiality ensuring need to be adapted to new realities. New opportunities also set new requirements for understanding the very concept of information security: information must not only be protected but also timely and accurate as far as it is possible to be provided with modern telecommunication systems and information technologies: information security is a system of information protection of the enterprise – protection against theft, delayed and inaccurate providing of essential information to the recipient inside the enterprise or outside it. There are proposed and justified four principles necessary but not sufficient to ensure efficient mechanism of information security regarding communication process at small to medium enterprises. These include information awareness of staff even if they are not advanced with information technologies, traditional methods of protection against cyber threats such as passwords and encryption, control over information flows and the infrastructure that provides them, reliable cooperation and protection of remote access. These principles should be followed by managers at all levels.


2021 ◽  
Vol 13 (3) ◽  
pp. 35-40
Author(s):  
Taras Tur ◽  

The functions of measures to ensure a claim in administrative proceedings are considered. Using the methodology of system analysis of legal phenomena, approaches to understanding the category of legal science "functions of ensuring an administrative claim" in the context of the implementation of guarantees for the protection of rights, freedoms and legitimate interests in administrative proceedings are described. At the general theoretical and methodological levels, the general and special functions of ensuring an administrative claim in the context of the Code of Administrative Procedure of Ukraine and the legal positions of the Supreme Court of Ukraine are distinguished and characterized. The general functions include system formation, information-oriented, security, goal setting, motivational, epistemological, educational, social control ones. The special functions of measures of ensuring the claim include such functions as guaranteeing judicial protection; ensuring compliance with the requirements of the administrative plaintiff; prevention of damage; restrictive; promoting effective judicial regulatory control; regulatory; compensatory; law enforcement; suspension of activity or action. The effectiveness of the legal norms regulating measures to ensure an administrative claim depends on the effectiveness and quality of the content. The criteria for the effectiveness and quality of the functions of ensuring an administrative claim include: validity, correctness, optimality, normativeness, mandatory nature, completeness, specificity. The study of the nature and process of implementation of the functions of measures to ensure a claim in the administrative proceedings allows to reveal in more detail their systemic and dynamic, structural qualities, role and place among other means of influence in resolving administrative disputes.


2021 ◽  
Vol 13 (3) ◽  
pp. 206-212
Author(s):  
Lidiia Oryshchyn-Buzhdyhan ◽  

Sense of control over life events which happen in everyday life (personal and social) can play a role of a self-defence mechanism in stress situations that occurs in a crisis society. The research suggests that process of searching ways and methods to take control over stress events not only is a process of psychological adaptation to unusual stress situation but also is a natural instinct is presented in everyone. Interestingly, there is a lack of empirical studies of subjective sense of being in control and indicators of sense of personal control among young Ukrainians. The purpose of this article is to investigate indicators of sense of control factors’ distribution in two independent study of young Lviv citizens. The study uses established metrics called «subjective control measure». Two studies were conducted for proper assessment of working hypothesis. 90 participants of different sexes, aged from 14 to 35, who work and study in Lviv, took part in the first study. 68 female and male participants aged from 16 to 17, who were students of Lviv secondary school № 2, took part in the second study. The null hypothesis suggests that participants from the first and second study will have different subjective sense of control factors’ distribution. Factor analysis of the first study (2016) participants highlighted the following sense of control factors: measure of personal presentation in control, control factors for outside social world, methods of upbringing (education) and life principles, quality of implementation controls, future without obeying, pedantic control, democratic control, external presentation control, work process management control. In the second study (2017), factor analysis showed the following six sense of control indicators: structured progressive control, perfection business control, external presentation control, work accuracy control, over control, parental control. Next steps for the study will be the analysis of sense of control in participants of different ages on the basis of the improved «subjective control measure».


2021 ◽  
Vol 13 (3) ◽  
pp. 57-66
Author(s):  
Ulyana Vorobel ◽  

The peculiarities of the legal mechanism of returning the court fee in case of completion of civil cases without a court decision are analyzed, issues of these applications practical resolving are considered, as well as suggestions for improving the legal regulation in case of the closure of the proceedings or leaving the application without consideration are proposed. While analyzing examples of case law, it was established that the lack of legislative regulation of the procedure for confirming or denying the existence of grounds for the amount of court fees refund causes a lot of confusion and contradictory solutions to the judiciary in this regard. The position on the impossibility of equalization due to the different procedural nature of leaving without consideration of statements on procedural issues, such as: on providing evidence, on securing a claim, on dismissal of a judge, and leaving without considering a statement of claim as a civil procedural institute, regulated by Art. 257 of CPC of Ukraine are justified. It has been concluded that in case the court finds circumstances that are grounds for the application of the institute of leaving the application without consideration and provided for in Art. 257 of CPS of Ukraine, when considering applications on procedural issues, should apply such a special legal consequence as a return of the application without consideration. It has been established that returning an application on procedural issues without consideration and leaving an application without consideration are completely different legal categories. Return of applications on procedural issues without consideration due to its legal nature is a special basis for the application of the return of the application institute, and therefore the legal consequence of such an application would be considered not filed at all. In this connection, it has been proposed to enshrine in the legislation the provisions on the refund of the court fee in case of return without consideration of the application on procedural issues, for the submission of which such payment was paid.


2021 ◽  
Vol 13 (3) ◽  
pp. 198-205
Author(s):  
Halyna Katolyk ◽  
◽  
Lolita Kovalchuk ◽  

The article analyzes the current problem of personality psychology of the modern world - the study of the features of the burnout syndrome, which is common among the "man-man" professions. The development of this syndrome is characteristic of altruistic professions, where working with people requires resources, dedication, emotional load and special attention. The main symptoms and manifestations of the burnout syndrome are outlined, its models and various theoretical approaches to its formation are considered. The article also includes an analysis of a practical study of the features of the manifestation of burnout in student youth, conducted using valid psychodiagnostic techniques.


2021 ◽  
Vol 13 (3) ◽  
pp. 177-188
Author(s):  
Zoriana Kisil ◽  
◽  
Roman-Volodymyr Kisil

The article states that in the context of the formation of a modern legal system, democratization of law-enforcement institutions, proclamation of a course of maximum efficiency of the rights and freedoms of citizens protection, one of the leading priorities of the Ministry of Internal Affairs of Ukraine is the procedure of the creation of a highly professional staff capable of effectively solving law enforcement tasks. Transformation of public administration, profound changes in the personnel structure of the Ministry of Internal Affairs of Ukraine, changes in the essence, goals and functional orientation of law enforcement activities require an expansion of the scope of research on the problems of professionalization in this area. Activity is an integral part of a person's lifestyle, an important factor in its formation and development as a member of society and an individual. Professional tasks execution, along with the maximum concentration on the positive results, can lead to side effects. One of them is professional deformation, which objectively represents not a fatal, but a really probable expense, the so-called shadow side of the profession. Subjectively, it is a tribute that a person unwillingly pays for excessive specialization, unquenchable passion for activities, the maximum level of demands to herself. Professional deformation can occur as a result of any activity. But most often, according to the different research, it affects representatives of such professions that involve activities of the type "man-man": teachers, actors, service workers, lawyers. This problem is highly important for law enforcement agencies because their representatives are dealing with intense deformation influence. Professional deformation as one of the complex and multisided problems of law enforcement requires a comprehensive, interdisciplinary solution of legal, managerial, psychological and other tasks. The professionalism of law enforcement personnel lags behind the growing demands of reality, so today, under the influence of a complex operational environment and criminalization of state life, the research under such problem of professionalization of personnel as the professional deformation of the employee and related problems of organization and management in the Ministry of Internal Affairs of Ukraine is becoming increasingly important.


2021 ◽  
Vol 13 (3) ◽  
pp. 123-133
Author(s):  
Vira Navrotska ◽  

It is stated, that within the resolution of claims in criminal proceedings, the relevant provisions of other branches of law (in particular, civil and civil procedural) should be applied in their close connection with criminal procedural and substantive norms. The position on the need to ignore the statute of limitations for criminal liability within the consideration of a civil lawsuit, has been criticized. It is also substantiated, that within the consideration of a civil lawsuit, both the statute of limitations and the statute of limitations for criminal liability should be taken into consideration. It is proved, that in process of setting the statute of limitations and the statute of limitations for criminal liability, the legislator was guided by different goals, wanted to achieve different interests, was «bound» by various restrictions. It is argued, that the statute of limitations for criminal liability and the statute of limitations are different in their nature, they arise under different legal relationships, they differs by the grounds for their arisen. The position of the Supreme Court, under which within the consideration of a civil lawsuit in criminal proceedings the court is not entitled to make a decision to refuse to satisfy it due to the expiration of the statute of limitations under the Civil Code of Ukraine, has been criticized. It is argued, that in order for a violated right to be protected within the consideration of a joint (civil) lawsuit, it is required, at least, that: a) since the day of the criminal offense committing and until the entry into the legal force of the sentence, the statute of limitations for criminal prosecution has not expired; b) the claim for protection of a civil right or interest may be satisfied within the limitation period (the exception is legal relations to which the statute of limitations does not apply).


2021 ◽  
Vol 13 (3) ◽  
pp. 163-168
Author(s):  
Viktoriia Bondarenko ◽  
◽  
Nataliia Pustova

The functions of insurance as an object of financial and legal regulation are considered. Based on the methodology of the system analysis, an analysis of the current legislation in the field of insurance concerning definition of the insurance concept is carried out. It is noted that today a new sub-branch such as financial and legal regulation of insurance business has appeared in the system of financial law as a branch of law. It combines legal norms that regulate (mainly by the method of authoritative provisions) public relations on the formation, distribution and use of insurance funds, exercise of control and supervisory measures. It also includes legal norms regulating involvement of insurance business entities and other participants in public relations in the field of insurance to financial and legal responsibility in order to protect the rights and legitimate interests of insured persons in insured accidents. Insurance functions occupy a special place in the financial legislation. The distributive, preventive, restorative, saving, risk, control, investment functions of insurance are examined. The factors influencing the investment function of insurance are determined; the role of the National Bank of Ukraine in the implementation of this function is demonstrated. It is stated that the function of forming a specialized insurance money fund to maintain the security and stability of the state financial system is one of the specific functions of insurance. Insurance is an integral part of the financial system of the state, which provides the regular functioning of social development; it is an integral function of the state, a necessary condition for the development and stability. Ukraine’s course towards European integration determines the factors of economic and legal transformations in the country, including the further development of insurance activities.


2021 ◽  
Vol 13 (3) ◽  
pp. 169-175
Author(s):  
Liudmyla Golovko ◽  
◽  
Оlena Gulac ◽  
Volodymyr Vysotskyi ◽  

An analysis of the legal regulation of agricultural taxation in the EU member sates on the example of Poland, Czech Republic and Austria was made. A number of tax benefits for agricultural producers, which are contained in the legislation of the above countries, have been identified: reduction of income tax on farms; real estate tax benefits; discounts on tax on fuel; absence of taxes on property inherited or agricultural land and buildings, the ownership of which is acquired on the basis of a gift agreement; reduction of contributions under a special social insurance scheme. The urgency of the issue of providing tax benefits for agricultural producers in Ukraine, introduction of a special tax regime, which would contribute to the formation of a balanced structure of agro-industrial production was highlighted. It was noted that implementation of the experience of EU member states in the field of taxation of agricultural activities in domestic agricultural sector of the economy is extremely important and requires changes to legislation. Tax burden affects the profits of agricultural producers and is one of the key factors influencing the development of the agricultural sector in the country, the competitiveness of small and medium-sized socially oriented agricultural businesses, and reflects the priorities of agricultural activities. Therefore, the legal regulation of agricultural production is one of the key issues on the agenda. Ukraine needs to reform the system of taxation of agricultural production in order to form a balanced structure of agro-industrial production on the model of European countries.


2021 ◽  
Vol 13 (3) ◽  
pp. 50-56
Author(s):  
Мaria Baran ◽  

. Information security as a subject of administrative and legal regulation is considered. The basic method of the research is a comprehensive system approach, on the basis of which a general and structural study of information security issues faced by the individual, society and the state is conducted. A comprehensive systematic approach is used by the basic method of the research, on the basis of which a general and structural study of information security issues faced by the individual, society and the state. The multifaceted nature of information and security determines the complexity, importance and relevance of the research on the problem from the point of view of the science of administrative and information law. The interrelation of national and information security, sources of threats to information security and ways of counteraction are revealed. It is established that as a subject of activity aimed at ensuring information security, it is necessary to consider a set of social relations regulated by legal support, the administrative and legal regulation of which depends on possible external influences. The subject area of administrative and legal regulation of information security has the following features: the inseparability of information relations or their conditionality; interconnectedness and interdependence of information relations with objects of national interests in the information sphere; the relationship of administrative and legal regulation of information security, taking into account the emergence, detection and prevention of threats to national interests in the information sphere in order to develop and apply mechanisms to effectively combat threats. Information security activities are expressed in administrative and legal regulation, the subject orientation of which is determined by a set of public relations in the information sphere, aimed at strengthening equal strategic partnership in the field of information security with NATO and the EU, protection of Ukraine’s sovereignty in the information space.


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