EUROPEAN COMMON AVIATION AREA: AVIATION LIBERALISATION AND UKRAINE’S ACCESSION PROCESS

The signing of the Common Aviation Area (CAA) Agreement between Ukraine and the European Union (EU) is one of the priority task on the agenda in Ukraine. The implementation of the CAA Agreement is envisaged in the Association Agreement (2014) between the EU and Ukraine, the Action Plan of the Cabinet of Ministers of Ukraine (CMU) and the Strategic Development Plan of the aviation transport. Despite of the officially announced readiness of the Ukrainian side, the signing of the CAA Agreement has been postponed since 2013. Investigation of the external and internal problems for the integration of Ukraine into the CAA creates the topicality of this paper and leads to the purpose of the article. Purpose of the article is comprehensive study of the legal basis and background of ECAA, analyzing the neighborhood policies and hence, the determination of the main directions of incorporation of the EU civil aviation requirements and standards regarding market access, air traffic organization, flight safety, the environment and other issues in Ukraine’s legislation. The article is based on usage of the general and special-legal scientific methods of cognition, as well as formal legal and dialectical approaches. Legal basement of this work, in particular, consists of: a) the Association Agreement between Ukraine and the EU of 2014; b) National Program of Adaptation of the Legislation of Ukraine to the Legislation of the European Union (adopted by the Law of Ukraine on November 04, 2018, № 2581-VIII); c) the Strategic Plan for the Development of Air Transport (adopted by the Ministry of Infrastructure of Ukraine on December 21, 2015, Decree № 546) and d) the Action Plan to Prepare for the Introduction of a CAA of Ukraine with the EU and its Member States (adopted by the CMU on February 8, 2017, Order № 88-o) and other regulations. Results of the paper include the conceptual theoretic investigation to reveal external and internal problems on the way to the Ukraine’s integration into the CAA of the EU, practical recommendations for the process of approximation of Ukraine's legislation to the EU’s standards, and contribute to the liberalization of regulation of international air services.

PRECONDITIONS OF ADMINISTRATIVE RESPONSIBILITY: DOCTRINAL ISSUES

A thorough analysis of liability for administrative offence is not possible without clear understanding of its preconditions. The problem of preconditions for administrative responsibility is directly related to administrative delictization of offenses, effectiveness of the fight against delict, prominent state policy in the field of law enforcement and law order. In this aspect, the role of the preconditions for administrative responsibility is a lot more important because they formulate proper foundations for achieving its general objectives. Thus, they determine the effectiveness of administrative responsibility at sectoral and general social levels. The importance of the definition is due to the urgent needs of rule-making and law enforcement practice, the effectiveness of which directly depends on how reasonable and appropriate each administrative delict norm is. Unfortunately, despite all its scientific and practical significance, the issue of preconditions for administrative liability has not been resolved yet. Therefore, there is a need to form unified, consistent scientific approach to understanding the grounds for administrative liability. To this end, the article provides a critical analysis of the basic doctrinal concepts of the preconditions of administrative responsibility. A wide range of social, economic, technical and other factors that determine the effectiveness of administrative responsibility, its current state, its dynamics and prospects for its development have been studied. Discovered the role of these factors in creating a favorable socio-economic and information-technical environment for the implementation of the main tasks of administrative responsibility, in particular: offences prevention, reliable protection of public relations and education of citizens in the spirit of law. The author concluded the scientific and practical expediency of the systematic study of the preconditions for establishing administrative responsibility (preconditions for administrative delictization) and the preconditions for the effectiveness of administrative responsibility.

DOMESTIC VIOLENCE AGAINST WOMEN IN MARRIAGE AND FAMILY RELATIONS: WAYS OF REGULATION AND LEGAL SETTLEMENT IN UKRAINE

The article examines the problem of domestic violence against women in marriage and family relations, and also identifies ways for the legal regulation of this issue. It turns out that at present, violence against women is one of the main social mechanisms through which women are forced to occupy a subordinate position in comparison with men. Violence directed at women reflects the structure of subordination and power, the depth of the differences between the sexes. «Violence against women» according to UN documents means any act of violence committed on the basis of gender, which causes or may cause physical, sexual, psychological harm or suffering to a woman, as well as threats to commit such acts, coercion or arbitrary deprivation of liberty, whether in public or private life. It is concluded that in order to minimize the spread of such a negative phenomenon among the population, it is worth: to ensure the conduct of educational trainings and seminars for specialists of services for women and family affairs, social work, medical and pedagogical workers, volunteers to identify and prevent this type of crime; to strengthen public participation in the development of mechanisms and information on crimes related to domestic violence against women; improve the improvement of the collection of information of actors implementing measures to prevent and counter domestic violence and gender-based violence and establish better communication and cooperation between different bodies; ensure that the public is adequately informed about preventive measures and the ability to respond to crimes of domestic violence against women.

ADMINISTRATIVE-TERRITORIAL REFORM IN UKRAINE: NORMATIVE-LEGAL ASPECT OF DECENTRALIZATION REFORM IN UKRAINE

The need for effective, capable self-government inevitably faces the need to change the spatial organization of local governments. In turn, the territorial organization of executive bodies also turned out to be far from optimal. In Ukraine, there have been discussions for many years about the reorganization (reform) of the entire system of public power in the country. But they have mainly always concerned the redistribution of powers in the power triangle at the national level: President - Parliament - Government. Since independence, changes have taken place here many times. However, despite the changes taking place in this redistribution at the national level, people living in specific towns and villages continue to face the same problems. To date, not clear enough mechanisms have been implemented to form effective local self-government and territorial organization of government to ensure the provision of high quality and affordable public services, meet the interests of citizens in all spheres of life in the territory, harmonize the interests of the state and local communities, establishing cooperation between the authorities and local governments. Currently, the second stage of decentralization in Ukraine continues in 2020-2021. The Cabinet of Ministers of Ukraine has identified the need for further reform process, introduction of decentralization in Ukraine as one of the priorities in the state, which will continue the development of local self-government, territorial communities and in general will enable the growth of Ukraine's economic indicators. In this regard, this article is aimed at studying the state of administrative-territorial reform in Ukraine, as well as outlining areas for improving the legal aspect of decentralization reform in Ukraine, as for further development of the legal framework, to continue the reform requires a number of important laws.

UNITED TERRITORIAL COMMUNITY AND PROCESSES OF DECENTRALIZATION IN UKRAINE AND FOREIGN STATES: FEATURES OF CREATION AND FUNCTIONING

The article analyzes the peculiarities of the creation and functioning of a united territorial community in Ukraine and foreign countries. It is determined that the reform process in Ukraine at the legislative level is quite fast, but implementation is lagging behind in some places. It is determined that the European Union has a certain influence on the implementation of transformations in Ukraine. In addition, they are all aimed at ensuring the proper depth and pace of decentralization. At the local level, however, there is growing dissatisfaction with the chaos in decentralization and frustration with the lack of promised positive results, although decentralization has been going on for more than seven years. It is emphasized that in order to prepare the infrastructure, to achieve a real decentralization of power, which is now so much talked about in Ukraine, the neighboring state (which, incidentally, is often equated with Ukraine) Poland, worked long: it took only ten years to develop only decentralization plan. In the countries of "old" Europe, for example in Germany, the reform of local self-government (as a rule, took place within the framework of the reform of the administrative-territorial system) began in the 1960s and in some places continues to this day. However, there are states, of course, that have had several months or weeks to implement decentralization projects. It is concluded that if we compare the time limits of the formation of UTC in Ukraine and other countries, it is likely that the experience of the Republic of Poland, was used by Ukraine to some extent. Despite the fact that in Ukraine the process of UTC formation is essentially completed, the first elections were held in almost all of them. However, the ability of such UTCs to perform the role and functions defined by Ukrainian law remains unresolved. And in this case, the experience of Latvia, in the form of subsidies from the state budget - would be very appropriate for use in such decentralization processes.

E-GOVERNMENT AS A METHOD FOR LEGAL COMMUNICATION BETWEEN CIVIL SOCIETY AND PUBLIC ADMINISTRATION

E-government is a form of public administration which promotes efficiency, openness and transparency of public authorities and local governments with the use of information and telecommunications technologies to form a new type of state focused on meeting the needs of citizens. E-government is studied as a way, a form, the concept, system and mechanism of cooperation between the state (public administration) and public sectors (civil society). As a method for legal communication between civil society and public administration, e-government plays the role of a means of public self-government, which involves interactivity and continuity of interaction between citizens and the state, the presence of public control over the activities of public authorities. This article is dedicated to reveal the role of e-government for realizing the goals of legal communication between its participants in public life. However, further in-depth analysis requires understanding the role of e-government as a means of legal communication, changing the focus and direction of its development in the digital age, as well as exploring promising areas of legal regulation of virtual legal relations between public authorities and civil society. The implementation of e-government in Ukraine should be provided on a qualitatively new level to develop efficient legal communication between government and society as a whole, strengthen confidence in the state and its policies, improve cooperation between public authorities and local governments, business, citizens and civil servants. The authors of this article adhered to its purpose, which is to analyze the understanding of the role of e-government as a means of legal communication, changing the focus and direction of its development in the digital age, and exploring promising areas of legal regulation of virtual legal relations between government and civil society.

REPRESENTATIVE DESIGN PRACTICES AS A DESIGNER’S RIGHT TO CREATIVE COMMUNICATION

To be a designer means to create new things and new qualities of already existing things, determined by the current concepts. Information about the functions and emotional characteristics of the future product is initially reflected in the author's concept, that is, in the text about the qualities of a specific but not yet produced thing. This concept is consumer-oriented but not intended for them. Nevertheless, it becomes the basis of communication between the designer, the product manufacturer, and the consumer. This study aims to determine how the process is organized, which ensures the transformation of the designer's creative ideas into conceptual texts and then into real objects that can become productive means of socio-cultural communication. The study relies on methodological foundations of a general philosophical nature. Thus, the axiological approach, as a socially holistic complex of views, beliefs, and ideals, allows a designer to analyze the values of a modern person and consider them in the design process. The phenomenological method reveals the features of design objects involved in communication. The structural and functional approach reveals the diversity and complexity of the connections inherent in the representation practices as original forms of communication. As the mechanisms of the representative practices are constantly developing, they are one of the most effective means for creative communication. By the results obtained, we can conclude that representations designed as a self-sufficient design product denote not only an act of such communication but also protect the designer's rights to express creativity at the interpersonal, professional, and social level of communication.

TERMINATION OF POWERS OF A JUDGE OF THE CONSTITUTIONAL COURT OF UKRAINE AS A COMPONENT OF THE MECHANISM TO ENSURE ITS INDEPENDENCE

The article is devoted to the study of the grounds and procedure for termination of a judge's powers of the Constitutional Court of Ukraine as a constituent of ensuring its independence. The article aims to establish the reasons for the insufficient level of ensuring the independence of the Constitutional Court of Ukraine in terms of failure to comply with the current legislation on termination of powers of judges of the Constitutional Court and suggest recommendations to overcome defined problems. A set of methods was used for the study, such as: 1) a formal legal analysis of the texts of regulatory legal acts; 2) the historical and historical-legal analysis actualized and compared problems related to the independence of judges of the Constitutional Court during the events of 2008, 2010, 2014, and 2020-2021; 3) the comparative-legal method was used to compare the legal regulation of constitutional review bodies in several post-Soviet states with the transitional nature of legal and public administration systems; 4) the formal and dogmatic method allowed us to conclude the content of legal regulation for termination of powers of a judge of the Constitutional Court and changes in such regulation underwent during the existence of constitutional jurisdiction in Ukraine; 5) the systematic method defined the forms of interaction between legal institutions, in particular, the institution of removal from office in criminal proceedings and the institution of independence of judges of the Constitutional Court. As a research result, we described the key problems in the practice of termination of powers of judges of the Constitutional Court of Ukraine and suggested recommendations to solve defined problems. The value of this article, first of all, is due to the study of events in the Constitutional Court during 2008, 2010, 2014, and 2020-2021.

APPLICATION OF MEDIATION FOR SETTLEMENT OF ADMINISTRATIVE DISPUTES IN UKRAINE

The need to introduce the institution of mediation in the domestic legal system is based on the positive results of the practical application of the institution of reconciliation in many countries around the world, which indicates its effectiveness. The use of an alternative, non-judicial way of resolving disputes, particularly, mediation, will provide an opportunity to solve the problem of court congestion. The article is devoted to the research of the introduction of the practice of settling administrative disputes through the mediation procedure in Ukraine. The problematic issues that need to be regulated in the legislation have been identified, that are principles and procedure for conducting mediation: from its initiation to the moment of termination; the legal status of the mediator, particularly, the conditions for acquiring the status of a mediator, the content of his rights and obligations, liability for violation of the law on mediation, as well as the categories of disputes in which it can be used. The feature of administrative proceedings is that one of the parties in the dispute is the subject of power. Thus, the feature of alternative dispute resolution, in particular mediation, in administrative proceedings is the peaceful settlement of relations between a state agency, on the one hand, and with a natural or legal person, on the other. There are several possibilities for legalization of the status of a mediator: the first is the implementation of mediation by professional independent mediators (for example, members of a professional association of mediators); the second is judicial mediation: or the settlement of a dispute with the participation of a judge. The issues of determining the categories of cases in which mediation can be used, in particular administrative disputes, remain unresolved. Resolving these issues will help expand the practice of mediation in the settlement of administrative disputes.

THE IMPORTANCE OF KNOWLEDGE GENERATION AND DISSEMINATION IN THE NATIONAL INNOVATIVE SYSTEM OF UKRAINE

The article deals with the structure and conditions of national innovation system of Ukraine, trends and conditions of generation of knowledge. In Ukraine, the potential of the subsystem for generating and disseminating knowledge is not used effectively enough, although there are significant prerequisites for its development. The sub-index of education of the Index of Knowledge Economy in Ukraine is quite high compared to the sub-index of information and communication technologies development. Analysis of the sub-indexes of the Global Competitiveness Index shows that Ukraine consistently occupies a fairly high position in terms of human development, but the value of the sub-index of macroeconomic stability in the country is unsatisfactory. Ukraine faced obstacles to the formation of a third-generation national innovation system, some of which it inherited from the Soviet Union. The national innovation system can become a field for the development of stable economic growth of the country. Therefore, by 2025 it is planned to implement the Concept of development of the national innovation system, which includes a subsystem of knowledge generation and dissemination. The article analyzes the purpose and objectives of the Concept, presents the possible consequences of implementation in three scenarios. Since the implementation of the Concept is only partial, the article considers the factors that hinder it. The structure of the national innovation system, which consists of two subsystems, is considered. One of them is the subsystem of knowledge generation and dissemination. It is represented in Ukraine by the National Academy of Sciences of Ukraine, universities, and research centers. The structure of the National Academy of Sciences is considered separately in the article. More attention is paid to the activities of higher education institutions, which today not only involves the dissemination of knowledge, but also the generation of new business ideas and innovative solutions. The article substantiates that at the regional level, local governments need to adopt international experience in solving socio-economic problems with the assistance of academic entrepreneurship. It is noted that among the important areas of development of the regions of Ukraine is smart specialization and increasing the digitalization of education and other spheres of public activity. Consolidation of efforts of local self-government bodies, state authorities, business structures, educational and scientific institutions should be the key to success.