eurÓpska vedakostenko oleksandr prof., drsc., head of the criminal law, criminology and judicial...

EURÓPSKA VEDAVedecký časopis

EUROPEAN SCIENCEScientific journal

4/2019

Podhájska 2019

ISSN 2585-7738

ISSN 2585-7738

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Ročník/Year III.

EV 5691/18

EV 5691/18

EURÓPSKA VEDAVedecký časopis

EUROPEAN SCIENCEScientifi c journal

4/2019

Podhájska 2019

FounderEurópsky inštitút ďalšieho vzdelávaniaEuropean institute of further educationLviv University of Business and Law, Ukraine

Zat’ko Jozef,Dr.h.c., mult., JUDr., PhD., LLM, MBA, Honor., Prof., mult., Presidentof European institute of furthereducation, Slovensko

Yankovska Larysa,Prof., DSc., Lviv Universityof Business and Law, Ukraine

Editor in chiefAngelė Lileikienė, Prof., dr., Lithuania Business University of Apllied Sciences, Klaipéda, Lithuania

www.european-science.skE-mail: [email protected]

Editorial Offi ce AddressEurópsky inštitút ďalšieho vzdelávaniaZa Humnami č. 508/28941 48 PodhájskaSlovakia

Phone: +421 905 450 765

IČO: 42334390DIČ: 2023768912

Bank ConnectionČeskoslovenská obchodná banka, a.s.Pobočka M.R. Štefánika 19940 01 Nové Zámky

Bank Account: 4022107085/7500IBAN: SK43 7500 0000 0040 22107085SWIFT: CEKOSKBX

Publication of article with one author (up to 12 pages): 50 € Publication of articlewith two authors: 70 €

European Science is an interdisciplinary applied research journal focused on Law, Economy, Sociology, Pedagogy and allied disciplines. Based on the Journal‘s policy, all articles are peer-reviewed. The Journal is publishes four issues per year, with a an option to publish additional issues. All rights reserved.

© Európsky inštitút ďalšieho vzdelávania, European institute of further education, 2019

ISSN 2585-7738Ministry of Culture: EV 5691/18Dátum vydania: 30.12.2019Date of Issue: 30.12.2019

Ročník 3Year 3

Editorial Council

Founder:

European institute of further education

Zat’ko Jozef, Dr.h.c., mult., JUDr., PhD., LLM., MBA., Honor., Prof., mult., President of the European

institute of further education, Slovakia

Lviv University of Business and Law, Ukraine

Yankovska Larysa, Prof., DSc., Lviv University of Business and Law, Ukraine

Editor in chief:

Lileikienė Angelė, Prof., dr., Lithuania Business University of Apllied Sciences, Klaipéda, Lithuania

Associate and managing editor:

Robert Jeyakumar Nathan, Dr., PhD., M.Phil., Guest profesor EIDV Slovakia, Faculty of Business,

Multimedia University, Melaka, Malaysia

Scientifi c secretary:

Bukoros Tetiana, Assoc. Prof., PhD., MBA., Honor. Prof., State Higher Educational Institution «Uni-

versity of Educational Management», Kyiv, Ukraine

Lukáš Varhol, ThLic., PhD., MBA., European institute of further education, Slovakia

Beschastnyi Victor Prof., DrSc., rector Donetsk Law Institute of the Ministry of Internal Affairs

of Ukraine, Ukraine

Bock Thomas Prof., h.c.dr. Ing., University Tokio, TU Muenchen, Germany

Dadak Casimir Prof., PhD., Hollins University Virginia, USA

Drusa Marian Prof., PhD., Ing., Faculty of Civil Engineering University Žilina, Slovakia

Hajdu Miklós Prof., DrSc., Budapest University of Technology and Economics, Budapest,

Hungaria

Horska Elena Prof., Dr., Ing., Dr.h.c., Faculty of Economics and Management, Slovak University

of Agriculture in Nitra, Slovakia

Hraško Juraj Prof., dipl. Ing., DrSc., academ. SAV, Slovakia

Hvozd Viktor DrSc., Lieutenant General of the Reserve, Independent Analytical Center

for Geopolitical Studies, «Borysfen Intel», Kyiv, Ukraine

Kaminska Tetiana Prof., DrSc., Kyiv Cooperative Institute of Business and Law, Kyiv, Ukraine

Kopotun Igor Prof., DrSc., European institute of further education, Slovakia

Kostenko Oleksandr Prof., DrSc., Head of the Criminal law, criminology and judicial system

issues department, Koretsky Institute of state and law of National Academy

of Sciences of Ukraine, Ukraine

Kostytsky Vasyl Prof., DrSc., Academician of the National Academy of Legal Sciences

Sciences of Ukraine, Honored Lawyer of Ukraine, Ukraine

Lazarenko Dmitry Prof., DrSc., University of the State Fiscal Service of Ukraine,

Slovyansk Scientifi c Educational Institute Ukraine

Mesároš Marián Dr.h.c., prof.h.c., prof., Ing., DrSc., MBA., LL.M. The University of Security

Management in Kosice, Slovakia

Mykhaylyshyn Ulyana Prof., DrSc., Uzhhorod National University, Uzhhorod, Ukraine

Navickas Valentinas Prof., DrSc., Kaunas University of Technology, Lithuania

Oberuč Jaroslav Prof., PhDr,. CSc., MBA., LL.M, Institute of Technology in Dubnica nad

Vahom, Slovakia

Olak Antoni Prof., nadzw., dr hab., dr.h.c., Honor. Prof., Apeiron Academy of Security

of Public and Individual, Krakow, Poland

Paliszkiewicz Joanna Prof., nadzw. SGGW., dr. hab., Warsaw University of Life Sciences, Warsaw,

Poland

Piwowarski Julius Doc., PhD., Apeiron Academy of Security of Public and Individual, Krakow,

Poland

Popova Svitlana Prof., DrSc., Kharkiv National University of Internal Affairs, Ukraine

Semchuk Zhanna Prof., DSc., Lviv University of Business and Law, Ukraine

Sharashenidze Anzor Prof., Tbilisi University named after David Agmashenebeli, Tbilisi, Georgia

Shmygol Nadiia Prof., DrSc., Zaporizhzhya National University, Ukraine

Skibniewski Miroslaw Prof., PhD., Dr.h.c., University of Maryland, College Park, USA

Sopilko Iryna Prof., DrSc., Faculty of Law in National Aviation University, Ukraine

Sopilnyk Lyubomyr Prof., DSc., Lviv University of Business and Law, Ukraine

Telovata Mariia Prof., DrSc. National Academy of Statistics, Accounting and Audit, Kyiv,

Ukraine

Ternovyk Nataliia Assoc. Prof., PhD., Academician Stepan Demianchuk International

University of Economics and Humanities, Rivne Ukraine,

Ulyanchenko Oleksndr Prof., DrSc., V. V. Dokuchayev Kharkiv National Agrarian University, Ukraine

Yankovska Larysa Prof., DSc., Lviv University of Business and Law, Ukraine

Reviewers

Armash Nadiia Prof., DrSc., National Aviation University Kiev, Ukraine

Dychko Vladyslav Prof., DrSc., Donbas State Pedagogical University, Slaviansk, Ukraine

Martinkiené Jurgita Assoc. Prof., dr., Lithuania Business University of Applied Sciences,

Klaipéda, Lithuania

Skrynkovskyy Ruslan Assoc. Prof., PhD., Lviv University of Business and Law, Ukraine

Sobol Evgen Prof., DrSc., Kirovohrad V. Vynnychenko State Pedagogical Universiti, Ukraine

Sopilnyk Rostyslav Prof., DSc., Lviv University of Business and Law, Ukraine

Stezhko Nadiia Assoc. Prof., DrSc., University of the State Fiscal Service of Ukraine,

Ukraine

Partners of the scientifi c journal

DOJI

INTERNATIONAL AGENCY

FOR JOURNALS IMPACT

FACTOR (IAJIF)

European Science 4/2019 5

European Science Contens of the magazine

Content

Biological Sciences

Dychko Elena, Kushakova IrinaEFFECTIVENESS OF INFLUENCE OF PHYSICAL REHABILITATION MEASURESON INDICATORS OF PSYCHO-PHYSIOLOGICAL STATUS OF CHILDREN WITH SCOLIOSIS . . . . . . . 20

Civil Defence

Komjáthy László, Kós GyörgyTHERMOGRAPHIC CAMERAS IN THE SERVICE OF FIRE DEPARTMENTS . . . . . . . . . . . . . . . . . . . 27

Economy

Kalyta Tetiana, Ivanyuk IgorPROSPECTS OF FINANCING OF PUBLIC-PRIVATE PARTNERSHIPSIN UKRAINE BY INTERNATIOТAL ORGANIZATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Mynchynska IrynaBUSINESS DEMOGRAPHY STATISTICS AS AN INDICATOR OF BUSINESS ENVIRONMENTOPPORTUNENESS: COMPARATIVE ANALYSIS OF UKRAINE AND EU MEMBER STATES . . . . . . . . . . 39

Romanchukevych VitaliiGROSS DOMESTIC PRODUCT LEVEL OF UKRAINE: ANALYSIS AND IMPACT FACTORS . . . . . . . . . 45

Tkachenko Olena, Tanchyk OlenaCONCEPTUAL FOUNDATIONS FOR THE FOREIGN ECONOMIC SPHEREOF THE NATIONAL ECONOMY DEVELOPMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

Education

Telovata Maria, Tkachenko MykhailoHUMANITARIZATION OF EDUCATION AS ONE OF THE PRIORITYPRINCIPLES IN THE FORMATION OF THE EDUCATIONAL CONTENT . . . . . . . . . . . . . . . . . . . . . . 58

Law

Kostytsky VasylSCIENTIFIC IDEAS, LEGAL PROGRESS AND SCIENTIFIC LEGAL DOCTRINE:SEARCHING FOR THE OPTIMAL POWER MODEL IN THE MODERN STATE . . . . . . . . . . . . . . . . . . 63

Nalutsyshyn VolodymyrREGULATION OF CRIMINAL LIABILITY FOR NON-ENFORCEMENT OF A JUDICIAL ACTUNDER THE LEGISLATION OF THE EUROPEAN UNION COUNTRIES . . . . . . . . . . . . . . . . . . . . . . 68

6 European Science 4/2019

Contens of the magazine European Science

Shcherbyna VictorLEGAL INSTRUMENTS OF INTERNATIONAL LABOUR ORGANIZATION AND UKRAINIAN LABORLEGISLATION: COMPARATIVE AND LEGAL ANALYSIS OF NORMS AND STANDARDS . . . . . . . . . . . 74

Tymoshenko MaksymTHE REVISITED LEGAL ORGANIZATIONAL FORM OF HIGHER EDUCATIONINSTITUTIONS AS ECONOMIC ENTITIES IN UKRAINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

Pedagogy

Voityuk IrinaNON-TRADITIONAL TECHNIQUE OF MULTIPLE ACTIVITIESAS A MEANS OF CORRECTION OF THE THOUGHT OF OLDER PRESCHOOLS . . . . . . . . . . . . . . . . 95

Philosophy

Butko YuliiaTHE PROBLEMS OF MODERN HERMENEUTICS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

Psychology

Vicen Vlastimil, Hoschek MiloslavPOST TRAUMATIC STRESS DISORDER AND MILITARY VETERANS MENTAL HEALTH PROBLEMS . . 104

Sociology

Lazarenko Dmitriy, Mozgovoy LeonidCURRENT TRENDS OF SOCIO-ECONOMIC STRATIFICATION OF THE SOCIETY . . . . . . . . . . . . . . 113

Technology

Bahrii Mariia, Levchenko LarysaDEVELOPMENT AND RESEARCH OF TEXTILE MATERIALS WITH SPECIFIED SHIELDINGPROPERTIES FOR PROTECTION AGAINST ELECTROMAGNETIC INFLUENCES . . . . . . . . . . . . . . . 118


Dear Colleagues,

The journal „European Science“ is dedicated to the publication of new scientifi c ideas, focused on presenting the results of theoretical-methodological and applied research not only in a European context but also in a broader context. The consistency of the journal, published 4 times a year, allows researchers to present their research results in a dynamic way, as well as to compare scientifi c conceptualization in the context of research conducted by researchers from other countries.

„European Science“ is a wide-ranging research journal because it covers a broad range of scientifi c disciplines. Research interests: management, history, law, medicine, political science, economics, pedagogy, cybernetics, public administration, etc.

I invite researchers from EU universities and other scientifi c institutions to actively publish scientifi c articles in the journal „European Science“.

Angelė Lileikienė, Prof., dr. Lithuania Business University of Apllied Sciences Klaipéda, Lithuania

INTRODUCTORY WORD OF THE EDITOR IN CHIEF

Editorial European Science

European Science


European Science Editorial

Dear reader!We would like to bring to your attention the scientifi c journal EUROPEAN SCIENCE contai-

ning the fi ndings on topical scientifi c directions and interdisciplinary research.The main target of our journal is to create an effective background for discussing urgent

scientifi c ideas, achievements, debating points of theory and practice. The magazine has signifi cantly developed and the geographical representation of authors and readership has expanded throughout its existence. The scientifi c journal EUROPEAN SCIENCE is currently one of the few scientifi c periodicals of multidisciplinary nature included into numerous scien-tometrical bases, and it is characterized by high quality of publications provided by double blind peer review and fulfi lls an important function of uniting the efforts of scientists from different countries to solve actual problems of modern science and practice.

This issue consists of articles written on topical scientifi c subjects and focused on solving important scientifi c and practical problems of various fi elds.

The materials presented in the publication are useful for scientists and practitioners, students, post-graduate students and doctoral students, public employees, entrepreneurs, statesmen.

We hope that the articles released in the given issue will provoke your interest, expand the range of research interests and image into your scientifi c and professional activities.

Best regards.

Larysa YankovskaDoctor Hub. in Economics, professorHonored Worker of Ukraine EducationMember of the ASU, Member of the IAACChancellor of Lviv University of Business and Law Lvyv, Ukraine

INTRODUCTORY WORD OF A MEMBER OF THE EDITORIAL BOARD


European Science

Dear reader!

As scientifi c knowledge increases and the boundaries of science move forward, setting increasingly ambitious and complex goals involving hundreds or thousands of scientists from different countries is becoming more and more essential for the achievement of the scientifi c goals.

However, no project would be feasible without the support of an international public opinion fully aware of the importance of its purpose both from a scientifi c point of view and from that of the technological, economic and social implications.

Close collaboration between scientists and science communicators is therefore more relevant than ever to ensure that information on those issues is accurate, thorough and as broad as possible.

Hence, we would like to bring to your attention the scientifi c journal EUROPEAN SCIENCE containing the fi ndings on topical scientifi c directions.

This issue presents a broad-based spectrum of thought provoking articles that are refl ective of the ever-expanding Universe. As you read through these articles, be sure to capture the innovative concepts becoming a reality and look for opportunities to apply them to your own efforts at the realization.

We hope, you enjoy this journal, and encourage you to reach out to us for opportunities to publish your own thought-provoking articles in future issues.

Best wishes,

Jozef ZaťkoDr.h.c., mult., JUDr., Honor. Prof., mult.President EIDV, Podhajska, Slovak Republic

INTRODUCTORY WORD OF THE EDITION FOUNDER



Biography

Dr Robert Jeyakumar Nathan received his Bachelors in Business Administration (Honours) in Marketing with Multimedia; and Masters of Philosophy (Management) from Multimedia University, Malaysia. He conducted his postgraduate research attachment on leadership with Swinburne University of Technology, Melbourne (Hawthorn Campus) under the Asia Pacifi c Leadership Project (APEL Australian Government Grant) in Australia. He obtained his PhD (International Marketing) from Universiti Malaysia Sabah, Borneo Malaysia. Robert is a certifi ed trainer with Pembangunan Sumber Manusia Berhad (PSMB) under the Malaysian Ministry of Human Resources. He also holds certifi ed Stanford University Train the Trainer (TTT) for Design Thinking, and has obtained Distinction in IPA Foundation Certifi cate from the Institute of Practitioners in Advertising (IPA) UK.

Prior to joining the academia, he worked as Systems Analyst for Siemens Semiconductor AG (now Infi neon Technologies AG), a semiconductor company based in Munich, Germany. Robert specializes in Manufacturing Statistics and Big Data Analytics and has conducted statistical, data mining, and enterprise knowledge and project management workshops in the Asia Pacifi c, Japan, Europe and North America. He received Covey’s 7 Habits training and mentorship in Siemens as well as IPMA (EU International Project Management Association) Project Management experience, managing Class D, C, B and large scaled A projects in the global operation of the company. He is active in the company Occupational Safety and Health committee and employee safe work initiatives. This includes conducting trainings on Behaviour-Based Safety and Ergonomics at workplace. His training involves bringing together engineers and managers from multiple cultural backgrounds and to unify diverse work teams to perform in unity towards achieving excellence.

Robert is currently attached to Multimedia University in Malaysia as Senior Lecturer with the Faculty of Business and the Head of Department for Marketing Degree Program. He does corporate trainings for executives on Design Thinking and Innovation, Leadership, Service Marketing, Digital Entrepreneurship, Fintech and Digital Banking Solutions, Workplace Communications, Job safety analysis and Ergonomics, and Emotional Intelligence. He participates in academic research projects in Malaysia, Singapore, Europe, Australia and in the Middle East. His research interests include Marketing and Internet of Things; Electronic Commerce & Industrial Revolution 4.0; Empathetic Leadership; Usability and Ergonomics; and Occupational Safety & Health.

Active in research and mentoring, he has published over 80 refereed academic journal papers, book chapters and conference proceedings; most of which are in Web of Science

Robert Jeyakumar Nathan, Dr., PhD., M.Phil.Faculty of BusinessMultimedia University, Melaka, Malaysia

ASSOCIATE AND MANAGING EDITOR



European Science

and Scopus indexed. He believes is quality and depth in academic research and publishing, and has often called on to the university to be conscience of the society, and for academics to be a lighthouse to the community. He has penned his thoughts and published two notable works with the Australian Universities’ Review calling for academic integrity and honesty in teaching and research. In 2013 he published an article entitled “Universities at the Crossroad: Industry or Society Driven?” with the Australian Universities’ Review, Vol. 55, issue number 2. In year 2019, he wrote “Publications, Citations and Impact Factor: Myth and Reality.” Australian Universities’ Review, Vol. 61, Issue number 1. Both works iterates the importance for academics not to engage in dishonest academic practices, instead focus on improving society through high quality teaching and research with integrity.

Robert serves in the Malaysian Academic Movement (MOVE) as the Assistant Secretary General, affi liated to Education International, Brussels. He promotes quality education and accessibility of education to all in line with the United Nation’s Sustainable Development Goal Number 4. He is among the 50 Global Advocate for SDG#4. He also represents Education International as Panel for Education and Research with the United Nation’s Agency - World Intellectual Property Organization (WIPO) in Geneva, where the Standing Committee for Copyright and Related Rights meet twice yearly. Robert has been Visiting Scholar with Szent Istvan University, Hungary in year 2019, The University of Newcastle Australia and University of Wollongong Australia in Singapore, and sits in the Academic and Exam Board of Academies Australasia College in Singapore.

European Science



WE ARE INTRODUCING A MEMBER OF EDITORIAL BOARD

Professional experienceAccomplished expert in preparing and reviewing fi nancial reports, in accounting and audit,

possessing computer skills, profi cient lecturer successfully using information technologies as an educator, able to work under stress, possessing broad skills in interacting with people directly and in business correspondence as well as having good understanding of administrative work.

EducationZaporizhzhya State University, Physics and Mathematics Department, major in Applied

Mathematics – 1990-1995.Zaporizhzhya State University, Economics Department, major in Accounting and Audit

–1992-1998.University of Humanities „ZISMA“, 2005 – Master‘s degree in Educational Institutions

Management and Statistics, 2007 – Master‘s degree in English Language and Literature.In 2005 defended a thesis and obtained a diploma of Candidate of Sciences (comparable

to the academic degree of Doctor of Philosophy, Ph.D.) Economics in Economic and Mathematical Modeling. In 2013 defended a thesis and obtained a diploma of Doctor of Sciences in Economy and Management of enterprises. Certifi cate of professor of Accounting and Audit Department (2014)Employment

Zaporizhzhya secondary school of continuous education No.7, 1995-1999.Position: teacher in Computer Science.Zaporizhzhya branch of Interregional Academy of Personnel Education (MAUP), 1999-2003.Position: senior teacher of the chair of Economics and Management, deputy director for fi nance.

University of Humanities „Zaporizhzhya Institute of State and Municipal Administration (ZISMA)“, Zaporizhzhya, from 2003.

Position: senior teacher of the Economic Cybernetics and Statistics chair, from February 2005 – assistant professor of the chair, from November 2005 – deputy head of the chair, acting head of the chair.

2007 - assistant professor of the Department of Economic Theory of Zaporizhzhya National University, April 2009 – deputy dean of Economics Department of Zaporizhzhya National University for scientifi c work.

September 2009 – Doctor of Sciences candidate of the National University of Food Technologies, Kyiv

Nadiia Shmygol, Prof., DrSc.,Zaporizhzhya National University, Ukraine


European Science European Science Editorial

September 2012 - assistant professor of the Department of Finance of Zaporizhzhya National University October 2013 – professor, head of Accounting and Taxation Department of Zaporizhzhya National UniversityBesides, worked part-time in auditing fi rms and was the chief accountant of companies

from various fi elds of activities.

Personal DataBorn in Pavlodar city in Kazakhstan. Graduated from Zaporizhzhya secondary school No.

15 with honors. Married, two children.

Additional Info Certifi ed Accounting Practitioner (САР) Certifi cate from International Council of Certifi ed

Accountants and Auditors No.416, Certifi cate of Accounting Practitioner No. 21 from the Federation of Professional Accountants and Auditors of Ukraine, The certifi cate of course completion «Institute Program Manager and Facilitator Workshop « - Cisco Enterpreneur Institute (2009). The certifi cate acknowledges in «Teaching CSR» (2009). The DIPLOMA of the Institute of Professional Financial Managers «Incompetence in IFRS» (2013). English speaking skills (C1 Level), Russian speaking skills (C2 Level), have a document confi rming belonging to the Polish nation, Polish speaking skills (B2 Level), have a driver’s license.

European Science



Valentinas NavickasDoctor of social sciences (economics), professor at Kaunas University of Technology (Lithuania), the School of Economics and Business.

Author of more than 300 scientifi c publications (including monographies published in Czech Republic in 2013 and Slovak Republic in 2016, 2018) and scientifi c articles, published in Lithuania and abroad. Author of fi ve experimental development projects. Prepared 6 doctors of social (economics) science; now he is research adviser of 3 persons maintaining a doctor’s thesis of social (economics) science.

Other experience includes diverse activities in both public and private space. Examples include, Lithuanian-Polish Cross Border Cooperation Program executor, head of Strategic planning of Molėtai city district. Also, acted as an independent expert on economics on multiple projects in various industries, such as forestry, real estate and others. Few of the projects include “Analysis of Lithuanian Forest Entities Taxation System and Suggestions for Improvement”; “Development of methodology for setting differentiated profi t rate of forest enterprises”; “Methodology for calculating the economic depreciation of real estate” as well as “Analysis of the feasibility of establishing a system to measure changes in the real estate market” and “Determining the signifi cance of factors and risks affecting real estate and business value through expert survey”.

Has prepared all or part of 4 textbooks for higher education institutions (universities and other) with few of the following topics “The peculiarities of European Union markets”; “Management Control in Multinational Firms”; “Development Economics” and “Peculiarities of European Markets”

Has received multiple awards, including Acknowledgment of Lithuania’s Minister of Economy for leading the best Master‘s thesis in the 2013 Lithuanian Master‘s thesis competition in the fi eld of social sciences.

Few other positions includes Expert of the Lithuanian Research Council; Member of KTU Doctoral Committee in Economics; Expert and member of the Academic Council, Eastern European Development Agency (Slovakia); Chief Editor of International Journal of Management: Theory and Applications (US, ISSN 2281-8588); Chief Editor of Journal of Management = ISSN 1648-7974 and also member of Editorial Boards in multiple other journals, including ones in Lithuania, Slovakia, Slovenia, Turkey.

Furthermore, participant and member of multiple scientifi c committees in international scientifi c conferences in Lithuania, Slovenia, Slovakia, Turkey, Poland, Indonesia, Taiwan, Japan and elsewhere.

Other positions also include head of expansion in American football club Kaunas “Dukes” in Lithuania.

Able to communicate in 5 languages: Lithuanian, Russian, French, English and Slovak. Fields of scientifi c interest: international economics, logistics, clusterization,

competitiveness, economical growth, corporate social responsibility.


Mirosław J. SkibniewskiProf., Ph.DUniversity of Maryland, College Park, USA

HOW TO BECOME A SUCCESSFUL AUTHOROF A PAPER TO BE PUBLISHED

IN A WORLD-CLASS SCHOLARLY JOURNAL?

An invited Guest EditorialJUDr. Jozef Zat’ko, Publisher of Europska Veda, has asked me to prepare and convey a

set of guidelines for authors who wish to be successful in preparing and submitting scholarly papers for consideration for publication in world-class, globally scoped academic journals, such as those indexed in Elsevier’s Scopus™ and ScienceDirect™ and/or in Clarivate Ana-lytics’ Web of Science™ databases. My guidelines provided below are intended for rela-tively junior authors, with limited prior experience in publishing, who are preparing their manuscripts in the realm of applied sciences. Some of the issues being raised herein are universal and as such they are equally applicable in other scholarly domains as well. I have based these guidelines on my 25+ years of experience as an editor-in-chief of a high-ran-king international research journal in my own academic discipline. The journal has been included for a number of years both in Scopus™ and in the Web of Science™, earning their relatively high CiteScore™ and Impact Factor™ designations.

Academics work in an increasingly competitive environment. With many narrowly defi ned scientifi c disciplines, the race to the top has become relentless. There are currently over two thousand academic journal publishers worldwide, publishing over twenty thousand journals. The total number of refereed journal papers now exceeds 1.6 million annually and it is still growing rapidly. The largest numbers of such papers originate from the U.S.A., with China closely behind. A growing, and still largely unregulated, market for open-access publicati-ons further complicates the publishing environment. Over 90 percent of academic journal papers ever published will have been published in our professional lifetime. Ethical issues in academic publishing abound.

A successful article should contain the following major components, preferably but not necessarily presented in the stated order.

1. The title:The title of an article should be as short as possible, but it should refl ect the main issue addressed in the paper as well as the paper content. In most cases, the title of the article is decided after the entire content of the article has been completed. The wording of the title should avoid uncommon acronyms or descriptors confi ning the contents of the paper only to one country or one geographic region.

2. The abstract:The abstract is an advertisement of your paper. It should be written in clear, short senten-ces which are easy to understand and should accurately refl ect the contents of the paper and its main contribution to the global body of knowledge. One must avoid unnecessary




sentences that belong to the introduction section of the paper. An good abstract shou-ld contain only 6 short sentences as follows: 1) The scientifi c domain and the problem within the domain which is the subject matter of the paper, 2) The research question to be answered in the paper, 3) The means and methods (scientifi c tools) used to obtain the answer to the stated research question, 4) The answer to the research question, 5) The meaning and importance of the answer and the results obtained, 6) The future research directions based on the results of the completed research reported in this paper. The en-tire abstract should not exceed one-half of a printed page.

3. The keywords:Keywords are the labels of your manuscript used in scientifi c databases containing many thousands of papers. A correct use of keywords will determine if your article is noticed by potential readers, or if it is only glanced over before the reader decides to move on the next article in the database without reading yours. Keywords that are generic in nature are always ineffective.

4. The introduction:This section should set the stage for what is presented in the article. One must provide a clear description of the problem to be addressed along with detailed explanation of the importance of the problem. One should also defi ne the group of stakeholders – the larger the better – for whom the stated problem is important. This is followed by the defi nition and detailed description of the specifi c research question to be addressed. A detailed jus-tifi cation of the importance of the question stated is also essential, along with a descrip-tion of other related questions which are not being addressed in your paper. A clear defi nition of the future benefi ciaries of the answer to be obtained must also be provided.

5. The literature review:One must provide a critical, very brief and comprehensive summary of the most rele-vant prior research by the author(s) of this paper as well as by other writers worldwide attempting to address the same research question or other closely related questions. Such questions may have been addressed within the same subject domain, but also in different domains - sometimes in scholarly fi elds unrelated to one’s own. All cited pu-blications should be critically reviewed; do not cite publications that you have not fully absorbed and have not explained their relevance to the subject matter presented in your paper. Avoid an excessive number of self-citations or citations of publications from the same country or from the same geographic region.

6. The research methodology (your own selection of means and methods/tools employed to answer the stated research question):This section contains the detailed description of your approach to obtain the answer to your research question. Provide a clear justifi cation of your selection of this approach and briefl y discuss any alternate approaches which were also initially considered but ultima-tely discarded, along with justifi cation of such a decision. Do not regurgitate a detailed description of established, well-known analytical tools, procedures or testing methods – it should suffi ce to cite relevant sources. Your description should be complete, i.e. it shou-ld be possible for a reader to reproduce the results of your research with the use of the stated means and methods used to obtain your research answer. Describe in detail your data formatting and other requirements related to the performance of statistical tests and analyses. Avoid procedural shortcuts which may render your methodology description useless to interested readers.

7. The research results:Provide a clear, detailed description of your results obtained by you with the use of the re-search methodology described in item 6 above. Concentrate on the main points and avoid digressing to only loosely related or unrelated topics. Your description should be aided by well-formatted and fully readable tables and fi gures emphasizing the main points being made. Avoid the inclusion of lettering and labels in a language other than English, as these will be useless for an audience unable to read in that language. Provide clear



European Science

evidence and description of the validation of the obtained results by other researchers or in professional practice related to your academic fi eld. Normally, validation attempts with the use of computer simulation only based on arbitrarily constructed models will be considered insuffi cient by reviewers assigned to evaluate your paper, as such reviewers often prefer the evidence of real-life implementation of your results.

8. The discussion of research results (discussion of the importance of the answer to the sta-ted research question):This may be the most important section from which the potential reviewers will begin their examination of your paper. Describe what your results mean and why they are im-portant for the audience/readers/stakeholders targeted by this paper. Elaborate in detail on the contribution of your results to the body of new knowledge in your own scientifi c discipline and beyond.

9. Conclusions and directions for future research:This section provides a brief summary of the most important fi ndings produced by the presented research. Describe in detail why this fi nding may be important to a global audience, not merely to your national or regional stakeholders. One must also describe the limitations of the results obtained and suggestions on how these limitations may be overcome with follow-up research. Additionally, one should provide a detailed descripti-on of how the results presented will inspire future generations of researchers worldwide aspiring to make contributions in the same or related fi elds of academic and professional endeavor.

10. The references:Make sure that all cited items contain complete bibliographic data. Avoid citing an exce-ssive number of references which may be redundant and references in languages other than English. If one feels compelled to cite a non-English language reference, make sure to provide an English translation of the title (in parentheses next to the title in the lan-guage of the publication). There is a growing trend to provide an digital object identifi er (DOI) for each journal paper or conference proceedings article being cited that has such an identifi er, an ISBN for each book reference, and a web address with the date of last access for all other resources. There is also a diminishing emphasis on a particular format of references (as long as the cited items are listed in a consistent manner), as the article typesetting processes at the publishers are currently automated and conversions from one referencing format to another are straightforward.

Most high-ranking journal publishers have been quietly removing strict limitations on the number of pages or words a paper is allowed to contain due to the fact that most paid sub-scriptions are currently electronic. This removes the burden of the authors to conform to the volume limitations of their articles, allowing for a complete presentation of relevant research results. Additionally, datasets used in the conduct of the research being presented may be stored in cloud-based repositories accessible by all concerned.

Owing to the limitations of space, this guest editorial does not touch upon numerous con-temporary issues related to the publication of papers in scholarly journals. However, I often conduct hands-on, full-day workshops in academic settings worldwide for aspiring and active academics interested in sharpening their writing skills and in becoming successful in pub-lishing their papers in top-ranking international scholarly journals. There are ample opportu-nities to address individual interests and answer specifi c questions during such workshops. I hope to see many of the readers of this editorial in a workshop to be conducted in the future in a location near you.

Mirosław J. Skibniewski10 February 2019

University of Maryland, College Park, USAhttps://pm.umd.edu

http://e-construction.umd.edu


European Science



Viktor BeschastnyiDoctor of Juridical Science, Professor,Honored Lawyer of Ukraine.

Date of birth: 9 November, 1959.Education: higher, graduated from Kharkiv Law Institute (now – National University «The Yaroslav Mudry Law Academy of Ukraine»), on a speciality «Jurisprudence», Donetsk State University of Management, on a speciality «Finance». In 2005 he defended the thesis for the scientifi c degree of Can didate of sciences in Public Administration on the topic: «A mecha-nism of public administration by professional training of the internal affairs personnel». In 2010 he defended the thesis for the scientifi c degree of Doctor of Public Administration on the topic: «A mechanism of public administration by the development of higher educational institutions of the system of the Ministry of Internal Affairs of Ukraine». In May 2018, he was awarded a Doctor of Science degree in speciality 12.00.08 «Criminal Law and Criminology; Penal enforcement Law».Since 1981 he served in the internal affairs agencies. 1983-2003 – service in the internal affairs agencies of Donetsk region. Since 2003 – the rector of Donetsk Institute of Internal Affairs at Donetsk National University (now – Donetsk Law Institute of the Ministry of Inter-nal Affairs of Ukraine).

HistoryThe history of Donetsk Law Institute of the Ministry of Internal Affairs of Ukraine dates

back to April 28, 1961, when according to the order No 0109 of the Minister of Internal Affairs of the Ukrainian SSR Stalino (Donetsk) specialized secondary militia school of the Ministry of Internal Affairs of the USSR was established. The cadets of Kyiv specialized secondary militia school of the Ministry of Internal Affairs of the USSR were transferred to Stalino (Donetsk) to continue their studying at the 2-nd course of the newly established educational institution.

In 1964, the educational institution was relocated from a small settlement and the edu-cational institution received its permanent registration in Kyiv district of the city of Donetsk until 2014.

Taking into consideration the socio-political conditions prevailing in the eastern Ukraine, the educatio nal institution was forced to change its location.

According to the order of the Ministry of Internal Affairs of Ukraine No. 1010 dated Sep-tember 30, 2014, Donetsk Law Institute of the Ministry of Internal Affairs of Ukraine moved to Kryviy Rih, where the higher educational institution-forced migrant provides educational and scientifi c activities.

ActivityThanks to the dedication of the staff and personally the rector V. M. Beschastnyi the In-

stitute has fi rmly entrenched in the educational fi eld of Kryvyi Rih district. As at 2018, the higher educational institution has two large training buildings, fully equipped for the educa-tional process and placement of the cadets, a special hostel for teachers and the rest of the staff, a student hostel.

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In 2016 Mariupol Training Center (now it is the «Police Academy» of Donetsk Law Institu-te) joined the Institute. It was a signifi cant event in the life of the Institute that symbolically highlighted the connection with Donetsk region.

The strengthening of the personnel potential has allowed to gradually restore the structu-re of the educational institution. Today the Institute includes 4 faculties, 12 departments where the educatio nal process is provided by a powerful team of teachers, among them there are 16 doctors and 60 candidates of sciences.

In spite of temporary personnel losses, Donetsk Law Institute has remained a very power-ful research center. So, the Research laboratory on problematic issues of law enforcement activities continued its work. In addition, the Specialized Academic Council on fi ve speciali-ties functions in the Institute.

The Institute obtained a license for training of Doctors of science in the fi eld of «Law» which was approved by order of the Ministry of Education and Science of Ukraine on 4 July, 2016.

Today Donetsk Law Institute has a powerful Education and Training base as in Kryvyi Rih (a total area is 11608, 79 sq. M), so and in Mariupol (a total area is 1,704,14 sq. M), and makes every effort to provide modern innovative development of the educational process of training of future policemen and lawyers.

Donetsk Law Institute is the only institution of higher education in Kryvyi Rih district whe-re a full course of training of future lawyers is provided – from the Bachelor’s degree to the Doctor of science degree.

Our address: Kryvyi Rih, Stepana Tilgi Street, 21, Spivdruzhnosti Street 92aMariupol, Budivelnykiv Avenue, 145


Biological Sciences European Science


EFFECTIVENESS OF INFLUENCE OF PHYSICAL REHABILITATION MEASURES ON INDICATORS OF PSYCHO-PHYSIOLOGICAL STATUS

OF CHILDREN WITH SCOLIOSIS

Elena Dychko PhD., Associate Professor,

Physical Therapy, Physical Education and Biology Department, SHEI «Donbass state pedagogical University»,

Sloviansk, Ukraine

Irina Kushakova PhD., ssociate Professor ,

Physical Therapy, Physical Education and Biology Department, SHEI «Donbass state pedagogical University»,

Sloviansk, Ukraine

UDK 612.84:616.711-007.5-053.6

Abstract. The article presents the results of the influence of the complex of rehabilitation physical education of sensorimotor reactions on the indicators of the psychophysiological status of children studying in a specialized comprehensive boarding school for children with scoliosis in Oleksiyeve-Druzhkivka, Donetsk region, aged 7-17 years. It is shown that the performed complex of physical exercises in children with scoliosis has a positive effect on the test performance of children with scoliosis that characterize the reaction of children with scoliosis to a moving object and it can be recommended for widespread use among children aged 7-17 years suffering from scoliosis to improve the psychophysiological status of these children and to improve the quality of life. Keywords: 7-17 years, children, scoliosis, exercise, psychophysical status, rehabilitation measures.

Introduction Psychophysical status includes many concepts, which underlie the motor abilities of the individual,

which provide an appropriate level of adaptation to various types of physiological activity. Psychophysical status is a combination of inborn anthropometric, morphological, psychological, physiological and biochemical characteristics of a person, which in one direction directly affect the success: physical or mental activity.

Psychophysical development is characterized by motility, mobility in joints, coordination ability of movements, formation in children of coordination abilities in the process of development, ability to control movements [1, 3, 7].


European Science Biological Sciences

The analysis of recent research and publications. Considering the present state of this problem, it is difficult to get rid of the idea that with each new step in the progressive movement of medical science, its solution, as a horizon line, is displaced in proportion to scientific progress [2, 5].

Moreover, the analysis of vast clinical and experimental material indicates a clear preference for recently averaged, generalized assessments of the physical development and functional state of the human body, especially children [5, 6, 7].

The smooth development of morpho-functional systems of the body with some advantage of the rate of growth of the body relative to its mass is typically for children aged 7 to 17 years. At this age, ossification of the skeleton continues, although it still contains a significant amount of cartilage, forming the cervical and thoracic bends. The ligament apparatus has high elasticity, the flexor muscles outperform the extensors, the trunk muscles outweigh the limb muscles, and the relative strength of the extremities approaches adult indicators. At this age there is a restructuring of the cardiovascular, respiratory, hematopoietic, immune, endocrine, nervous and other systems of the body of children [4, 6, 8, 9].

Strength and balance of nervous processes of children, aged 7-17 years is relatively small, excitation predominates, neurophy-siological basis for the development of speed abilities is mainly formed, improving the mechanisms of central regulation, increasing endurance. Changes in all indicators of psychophysical status are gradual, depending on age and gender [2, 3, 6, 7].

The common neurodynamic basis of various abilities is mobility, reaction rate, number of errors, stability of reaction, functional level of capabilities and others. These indicators form (constitute) a simple visual-motor response, which includes the following indicators: total number of errors, level of functionality, steadiness of the reaction, functional level of the system, speed of sensorimotor reactions.

Highlighting previously unresolved parts of a common problem. At this stage, there are no studies that highlight the problem of the impact of the complex of rehabilitation physical education of sensori-motor reactions on indicators of psychophy-siological status of children aged 7-17 years with scoliosis.

The purpose of the study is to study the influence of the developed method of physical rehabilitation measures of sensorimotor reactions on external stimuli (reaction to a moving object, response of choice and reaction of distinction) of children aged 7-17 years with scoliosis.

The object and research methods. The bases for the study were: specialized boarding school for children with scoliosis, Aleksiyeve-Druzhkivka, Donetsk region.

The study was conducted among 87 children aged 7-17 years with scoliosis (45 boys and 42 girls).

The stage of the research was to study the effectiveness of the use of the technique of a phased complex of rehabilitation physical measures for leading indicators of psychophysical status of boys and girls with scoliosis aged 7-17 years.

In order to expand the use of the developed complex of physical exercises for the rehabilitation of children suffering from scoliosis, it is studied the influence of the complex of physical exercises on the indicators characterizing the reaction to a moving object, the response of choice and the response of differentiation in children with scoliosis depending on age - 7-17 years.

For the rehabilitation of school-age children with scoliosis, we have used the exercise method for these children. Exercise plans have been developed taking into account age, sex and depth of indicators, etc. The first step in studying the effectiveness of using this method in children of all ages was to study the impact of rehabilitation measures on the indicators that characterize the response to a moving object. Initially, the definitions summarized the effect of measures on all children with scoliosis, and then separately on boys and girls, depending on age.

The results obtained were processed using the MUSTAT.12 (USA) applications. The reliability of the data for the independent samples is calculated by the t criterion student (when distributing arrays close to normal). The difference was considered significant at P> 0.05.

The work was carried out in accordance with bioethical norms in compliance with the relevant laws of Ukraine. All parents of the children gave written informed consent to their children's participation in the study.

The presentation of main material. The results of the study of indicators characterizing the response to a moving object in children with scoliosis aged 7-10 years are shown in table. 1.



able 1 Response of the children to an object that moves with scoliosis aged 7-10 years

INDICATORS Un.

meas.

Boys Girls n - 17 n – 15

before rehabilitation

after rehabilitation



Average reaction time s 17,06±4,59 11,60±2,99 18,20±4,84 12,74±2,54 Number of outpacing un. 7,76±0,41 6,99±0,35 8,13±0,45 7,24±0,30 Number of exact reactions

un. 13,47±1,42 15,90±1,60 12,13±1,56 14,44±1,39

Source: table compiled by the authors based on materials It is shown that the developed complex of physical exercises used in children with scoliosis aged

7-10 years positively (improves) influences the performance of tests characterizing the reaction of children with scoliosis to a moving object. Under conditions of exercise, performing, boys' average reaction time is reduced by 47.07%, and girls with scoliosis - by 42.86%; the number of outbreaks in boys with scoliosis is reduced by 11.02%, in girls with scoliosis - by 12.29%. The number of precise reactions in boys is increased by 18.04%, in girls - by 19.04%.

The positive results of the indicators studying characterizing the response of children with scoliosis aged 11-14 years to a moving object and the impact on the performance of these tests conducted a complex of physical exercises are shown in table 2.


INDICATORS Un.

meas.







un. 17,27±1,56 21,24±1,67 16,94±1,49 20,66±1,43

Source: table compiled by the authors based on materials A complex program of rehabilitation measures of physical education in children with scoliosis aged

11-14 years has a positive effect on the performance of tests characterizing the reaction of children with scoliosis to a moving object. Thus, in boys with scoliosis after the course of rehabilitation physical exercises, the average reaction time is improved by 58.73%, in girls - by 53.79%. The improvement in the number of outperformance in boys with scoliosis aged 11-14 years by 16.15%, in girls with scoliosis by the same age - by 17.54%, and the number of accurate reactions in boys with scoliosis aged 11-14 years improved after the complex physical exercise by 22.99%, girls with scoliosis of the same age - by 21.96%.

The positive results obtained from the use of the proposed complex of physical exercises for children with scoliosis aged 7-14 years were the basis for the continuation of experiments using this complex among children with scoliosis aged 15-17 years. The results of studies in this area are shown in Table 3.


INDICATORS Un. mea

s.







un. 21,31±1,49 26,00±1,42 19,91±1,71 24,49±1,24

Source: table compiled by the authors based on materials



The performed complex of physical exercises in children with scoliosis aged 15-17 years gave positive expected results. Thus, in boys with scoliosis aged 15-17 years after the physical exercises provided by the developed complex, the average reaction time improved by 49.32% - in girls with scoliosis of the corresponding age - by 54.05%; The number of boys with scoliosis in the age group 15-17 years is also increasing by 21.78%, and in girls-peers with scoliosis - by 19.0%. The number of precise reactions in boys with scoliosis after the complex of physical exercises improved by 22.01%, in girls with scoliosis aged 15-17 years - by 23.0%.

Thus, the conducted complex of physical exercises among children with scoliosis has a positive effect on the performance in children with scoliosis between the ages of 7-17 years tests that characterize the reaction of children with scoliosis to a moving object and it can be recommended for wide use in children of age 7-17 year olds suffering from scoliosis to improve the psychophysiological status of these children and improve the quality of life.

The next stages of studying the influence of the developed complex of physical exercises on the indicators of psychophysiological status of children with scoliosis aged 7-17 years were to establish the use of the complex of physical exercises on the response of choice and distinction in children with scoliosis aged 7-17 years, depending on the age group.

The results of the study of the influence of the stage-by-stage complex of physical culture in children with scoliosis aged 7-10 years on the choice response are shown in table 4.

able 4 Response of choice of children with scoliosis aged 7-10 years

INDICATORS Un. mea

s.






The total number of errors

un. 14,47±1,08 12,16±0,87 14,73±1,19 12,97±0,79

The average value of the reaction time

s 510,41±27,02 408,33±20,72 522,73±29,76 444,32±18,98


It is shown that the use of a complex program of rehabilitation of psychophysiological status in children with scoliosis aged 7-10 years has a positive effect on the performance of choice reaction tests. In this case, the total number of choice reaction errors in boys with scoliosis 7-10 years decreases by 19.00%, in girls-peers with scoliosis - by 13.57%, and the average value of the reaction time of choice decreases in boys with scoliosis 7- 10 years decreases by 25,00%, for girls with scoliosis at this age - by 17,65%, which is evidence of the effectiveness of using the developed complex of physical exercises in children with scoliosis aged 7-10 years.

The results of the study of the effectiveness of the influence of the rehabilitation complex of physical exercises on the choice response in children with scoliosis aged 11-14 years are shown in table 5.

ble 5 Response of choice of children with scoliosis aged 11-14 years

INDICATORS Un.

meas.







un. 11,80±1,19 9,56±0,84 12,00±1,13 10,32±0,77


s 411,40±37,20 312,66±24,61 423,19±35,41 351,25±23,16


In boys with scoliosis aged 11-14 years after the conducted exercise complex the total number of errors in the test of choice decreases by 23,43%, in girls with scoliosis of the same age - by 16,28%, and the average value of reaction time of choice decreases in boys with scoliosis aged 11-14 years by 31.58%, in girls with scoliosis of the same age - by 20.48%.



The results of studying of the influence of a complex of physical exercises on the choice response in children with scoliosis in the following category of children (15-17 years) are shown in Table 6

ble 6 Response of choice of children with scoliosis aged 15-17 years

INDICATORS Un.

meas.







un 9,69±0,91 7,95±0,58 9,91±1,05 8,22±0,51


s 331,23±26,66 264,98±16,63 341,45±30,53 276,58±14,51

Source: table compiled by the authors based on materials The use of the rehabilitation complex of physical culture in children with scoliosis aged 15-17

years also plays a positive role in maintaining the psychophysiological status. After performing physical rehabilitation measures in boys with scoliosis aged 15-17 years, the total number of errors decreased by 21.89%, in girls with scoliosis of the same age - 20.56%, and the average response time in boys with scoliosis aged 15 -17 years has improved by 25,00%, in girls with scoliosis - by 23,45%.

Thus, the use of a complex of rehabilitation exercises in children with scoliosis between 7 and 10 years of age leads to an improvement in the response of choice in both boys and girls with scoliosis and depends partly on age.

The results of the study of the effect of rehabilitation measures of physical culture on the indices of the response of distinction in children with scoliosis aged 7-10 years are shown in table 7.

ble 7 The response of differentiation children with scoliosis aged 7-10 years

INDICATORS Un.

meas.







un. 3,35±0,27 2,95±0,23 3,93±0,37 3,42±0,24

Number of outpacing

un. 3,06±0,27 2,63±0,22 3,13±0,22 2,66±0,14


s 454,12±27,02 404,16±23,05 493,33±29,76 444,00±20,09


According to the data obtained from the study of the effectiveness of the developed complex of rehabilitation physical exercises in children with scoliosis aged 7-10 years, a positive impact on children with spinal pathology can be seen, which contributes to the improvement of psychophysiological status. During the complex, the total number of mistakes made by boys with scoliosis aged 7-10 years is reduced by 13.56%, in girls with scoliosis - by 14.91%; the number of outgrowths in boys with scoliosis aged 7-10 years is reduced by 16.35%, in girls with scoliosis - by 17.67%, and the average response time of the distinction in boys with scoliosis aged 7-10 years is improved by 12, 36%, for girls with scoliosis of the same age - by 11.11%.

The results of the study of the indicators characterizing the influence of the conducted complex of physical exercises on the performance of tests of the response of differentiation children with scoliosis aged 11-14 years are shown in table 8.




INDICATORS Un.

meas.







un. 2,27±0,30 1,95±0,22 2,38±0,28 2,02±0,19

Number of outpacing

un. 1,87±0,15 1,51±0,10 1,94±0,14 1,63±0,09


s 383,33±26,04 322,00±19,04 390,63±24,79 343,75±17,19

Source: table compiled by the authors based on materials The performed complex of physical exercises in children with scoliosis aged 11-14 years improves

all indicators characterizing the level of performance of tests of the distinction reaction. The use of a complex of physical exercises in boys with scoliosis aged 11-14 years leads to a decrease in the total number of errors by 16,41%, in girls with scoliosis of the same age - by 17,82%; to a decrease in the number of outgrowths of boys by 23.84%, in girls - by 19.02%, and also decreases the average value of the response time of differentiation in boys with scoliosis aged 11-14 years by 19.05%, in girls with scoliosis of the same age - by 13.64%.

The results of the study of the influence of a complex of physical exercises on the indicators characterizing the response of differentiation in children with scoliosis aged 15-17 years are shown in table 9.


INDICATORS Un. mea

s.







un. 1,46±0,25 1,18±0,16 1,55±0,19 1,28±0,09

Number of outpacing

un. 1,38±0,25 1,08±0,15 1,45±0,29 1,18±0,14


s 296,15±20,76 248,77±13,60 304,55±23,78 261,91±12,00

Source: table compiled by the authors based on materials It is shown that at the age of 15-17 years in children with scoliosis the developed complex of

physical exercises has a positive influence on the improvement of the psychophysiological status of these children. In boys with scoliosis aged 15-17 years, the total number of errors is reduced by 23.73%, in girls with scoliosis aged 15-17 years - by 21.09%. Under the influence of exercises, the number of outstrips in boys with scoliosis also decreases by 27.78%, and by 22.88% in girls with scoliosis, and also decreases the average time of the response to differentiation in boys with scoliosis aged 15-17 years by 19 , 05%, for girls - by 16,28%.

Conclusions Thus, the use of the developed complex of physical education in children with scoliosis aged 7-

10,11-14 and 15-17 years has a positive effect on the psychophysiological status and promotes better performance of tests of children with scoliosis at that age, characterizing the reaction of children to the object moving, choice reaction, and distinction reaction. The level of influence depends on the age and gender.

The foregoing requires the researches and development of tools and measures for the possible correction of simple visual-motor disorders in children with scoliosis aged 7-17 years. But in order to search for corrective measures it is necessary to study the indicators of motor abilities in children with scoliosis.



References 1. Babayan Y. O. Vzayemozyazok tryvozhnosti ta navchalnoii uspishnosti molodshyh shkolyariv.

Zbirnyk naukovyh prac. Psyhologichni nauky. 2014. 2.12 (103): 18-21. [in Ukrainian] 2. Degtyarenko T. V. Psyhofiziologichna paradygma v rozrobci problemy indyvidualnosti. Naukovij

visnyk PDPU im. K. D. Ushynskogo, yuvilejnyi vypusk do 190 richchya universytetu. Odesa. 2007. 26-31. [in Ukrainian]

3. Dychko V. V, Klymenko Yu. S. Psyhofizichnyi status ditei z patologiyeyu zoru vikom 11-17 rokiv. Molodyi vchenyi. 2018. 11 (63): 8 - 12. [in Ukrainian]

4. Dychko O. A. Otcinka psyhomotoryky u ditei zi skoliozom z urahuvannyam indyvidualnyh osoblyvostei i psyhofiziologichnogo statusu. Visnyk Chernigivskogo nacionalnogo pedagogichnogo universitetu im. T.G.Shevchenka. 2013. 1(112): 112-116. [in Ukrainian]

5. Dychko O. A, Dychko D.V. Otcinka psyhomotornyh yakostei u ditei zi skoliozom z urahuvannyam indyvidualnyh osoblyvostei. XIII Mizhnarodna naukovo-praktychna konferenciya “Aktualni problemy suchasnoyi biologiyi ta zdorovya lyudyny”. Zbirnyk naukovyh prac. Mykolayiv. 2013. 13. 181 - 185. [in Ukrainian]

6. Dychko O. A, Dychko D. V, Perkovec A. Otcinka psyhomotornyh reakcii ditei shkilnogo viku zi skoliozom. Naukovyi chasopys Natcionalnogo pedagogychnogo universitetu im. M.P.Dragomanova. Seriya 15. «Naukovo-pedagogychni problemy fizichnoyi kultury». 2014. 3K (44): 203-205. [in Ukrainian]

7. Nikandrov V. V. Psihomotorika .Uchebnoe posobie. Rech. 2004. 104. [in Russi n] 8. Polka N. S, Lebedinec N. V. Fiziologo-gigiyenichna otcinka fizychnogo ta psyhichnogo zdorovya

starshoklasnykiv innovaciinogo navchalnogo zakladu (semestrovo-cyklo-blochna systema vykladannya). Dovkillya ta zdorovya. 2010. 2. 38-42. [in Ukrainian]

9. Solnceva L. I. Razvitie zritelnogo vospriyatiya s ostatochnym zreniem na specialnyh zanyatiyah v shkolah dlya slepyh. Obuchenie, nravstvennoe vospitanie i fizicheskoe razvitie v shkolah dlya slepyh detej. VOS. 1982. 134. [in Russi n]


European Science Civil Defence

THERMOGRAPHIC CAMERAS IN THE SERVICE OF FIRE DEPARTMENTS

László Komjáthy Dr., Associate professor, PhD.,

Institute of Disaster Management, National University of Public Service

Budapest, Hungary

György Kós PhD Student, Institute of Disaster Management,

National University of Public Service, Budapest, Hungary

Abstract. Even though fire safety and prevention regulations have become significantly stricter in past decades, the rescue role firefighters play in fire safety has not decreased whatsoever. Global warming, terrorism, and industrial development have given fire departments a new set of challenges. Every day they are faced with greater and more destructive vegetation fires caused by climate change. The increase in risk is perhaps less obvious regarding structural and building fires, but we are facing never-before-seen challenges in these areas as well. 35 years ago we would have had an average of 17 minutes to escape an apartment fire before the flashover. Today, this time is only 3-4 minutes. For successfully controlling damage, apart from modernizing operational tactics, it is vital that we implement new and up-to-date self-rescue measures as well as procedures for increasing the odds of survival. One such measure may be the future use of thermographic cameras to search for people in distress. This would allow firefighters to utilize infrared radiation. Keywords: infrared radiation, tracking, heat effect, firefighter, safety Introduction The development of infrared cameras dates back to the end of the 1800s. This was when Sir William Herschel discovered rays below red light on the electromagnetic spectrum. [1] This range of the spectrum is named infrared for the English word red and the Latin word for under, infra. There are four basic laws describing infrared radiation. These are the laws of Kirchoff, Stefan-Boltzmann, Planck, and Wien. Research carried out after the discovery initially focused on the development of thermometers and bolometers.

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Having built increasingly larger telescopes, he was faced with two problems, on the one hand, the Sun’s rays being collected into a too bright bundle and on the other hand, the fact that the rays heated up the apparatus and its environment. This led to his 1800 examination of whether the different colors of the spectrum (rays of different lengths) provided equal heat. With a prism, he separated the sunlight collected with a convex mirror into the different colors and measured each color of the spectrum with a thermometer.

He determined that the thermometer detected the least heat at the violet end of the spectrum and heat increased toward the direction of red. To his great surprise, the heat effect continued to grow beyond the visible color spectrum, that is, from “here to red” which led him to believe that the Sun not only emits light but also heat rays that are invisible to the human eye, and thus, he discovered infrared radiation.[2]

Fig. 1. Herschel’s 40 ft long telescope.

The first thermographic camera In

1929 Kálmán Tihanyi [3] built the first night vision television system capable of detecting infrared rays. The invention served the British air defense. In 1947 the US Army collaborated with Texas Instruments to develop the first thermographic camera. These devices were still only infrared scanners and took about an hour to produce a single image. The British Yellow Duckling used in the middle of the 1950s to detect the stream channel of submarines was the first infrared line scanner. Thermographic cameras were first used exclusively for military purposes. The high cost of these devices prevented their use by fire departments. After the sinking of the HMS

Sheffield, their regular use was implemented by the firefighters of the British navy. The first documented non-military rescue carried out with the aid of a thermographic camera was in London in 1985 at the time of the Putney gas explosion. The first fire department to purchase a thermographic camera was the Seattle Fire Department in 1997. It had cost 16.000 USD. In 2000 the Los Angeles Times called the thermographic camera the most innovative and also the most expensive fire safety and rescue equipment.

The principle on which thermographic cameras function For the successful and efficient use of thermographic cameras we must first understand their operational principle. Electromagnetic radiation is present everywhere in our environment. “Electromagnetic radiation is a flow of energy that spreads from a point (source) in any given direction without a medium; it creates oscillating electric and magnetic fields that are perpendicular to each other, it spreads in wave form, in a vacuum it travels at the speed of light carrying energy and impulse.”[4] If we systemize the electromagnetic rays based on their frequency, we get the electromagnetic spectrum. This is the part of the spectrum that falls between 380 nm and 780 nm and is visible to the human eye. Wavelengths higher than this include ultraviolet, x-ray and gamma rays. Infrared, microwaves and radiowaves are in the range lower than visible light. All objects warmer than -273,15 °C, that is, absolute 0 °C emit electromagnetic radiation or reflect it. Using this phenomenon, thermographic cameras detect all infrared radiation between 780 nm and 1 mm and convert this raditaion into an image in which different colors appear.

Glass as a factor hindering infrared detection The structure of glass makes it possible for visible light to pass through it. However, it reflects infrared radiation. Due to this property, glass surfaces can hide people to be rescued or sources of danger. Glass basically acts as a mirror for infrared rays. If, when looking at the image produced by a thermographic camera, we suspect we are seeing ourselves, we must assume that there is a glass surface in front of us and we have to inspect the area more thoroughly with traditional methods.

Near-infrared radiation (NIR, IR-A) with a wavelength of 0,75-1,4 μm is used in optical communication as it only weakens slightly



when passing through glass. The intensity of the image it produces in this range is high, this phenomenon is utilized by night-vision goggles.

Short-wave infrared (SWIR, IR-B) is light with a wavelength of 1,4-3 μm. It weakens at 1450 nm. Light between 1530 to 1560 is used in telecommunication.

Mid-wave infrared radiation (MWIR, IR-C) is between 3-8 μm. It is used in infrared self-guiding missiles. An infra-detector is placed on the head of the rocket, this picks up infrared radiation, e.g. the flames of a jet engine.

Long-wave infrared radiation (LWIR, IR-C) falls in the range between 8-15 μm, it is often referred to as a heat detector as it produces a passive heat image which does not require an external light source or heat. It is sometimes called far-infrared radiation.

Far-infrared radiation (FIR) falls in the range between wavelengths of 15-1000 μm

Areas of application: Extinguishing building fires search, procedural tactics, increasing procedural

safety, determining the source of the fire, searching for persons, rescuing fellow firefighters, inspection of the area after extinguishing the fire

Extinguishing vegetation fires search, procedural tactics, increasing

procedural safety, determining the source of the fire, inspection of the area after extinguishing the fire

Damage control in connection with hazardous materials

search, increasing procedural safety Outdoor search and rescue operations searching for persons, water search,

injuries caused by freezing temperatures Vehicular accidents search, searching for persons, searching

vehicles, increasing procedural safety. Extinguishing building fires

Thermographic cameras can be best utilized by firefighters in cases of building fires. During the 360-degree search that takes place directly after firefighters arrive on the scene, the commanding officer can get a more complex image of the location of the fire, its extent, state and intensity using the thermographic camera. Having gathered this information they are able to make a more responsible decision about the most appropriate place(s) of action and the best

methods. Apart from taking the most appropriate and efficient measures for the event, operational safety can also be increased. By using a thermographic camera, the rescue team entering the building can carry out rescue efforts more quickly and efficiently despite poor visibility conditions. During an interior attack (initiating extinguishment of the fire from the inside of the building) firefighters are at greater risk. Those between the current point of the fire and the direction it is spreading in are the most at-risk. With a thermographic camera, potential sources of danger such as flashover, backdraft, rollover or flowpath would be detectable thereby increasing operational safety for the rescue team members.[5] Apart from sources of danger, the detection of the hot points and the fire sources as early as possible enabling extinguishment with as little delay as possible allows for quicker and more efficient extinguishment. Furthermore, thermographic cameras can be used effectively during the post-extinguishment inspection process for finding smoldering after the flames have been put out.

Extinguishing vegetation fires Simil early to the case of building fires, thermographic cameras can be used successfully during search efforts after firefighters arrive on the scene of a vegetation fire. Fire sources can thus be determined effectively and much quicker even in low visibility situations when there is a significant amount of smoke.

Damage control in connection with hazardous materials As hazardous materials stored in different containers are generally of different temperatures than the containers themselves and thermographic cameras can ascertain the amount of the material present. If hazardous liquids are released out into the open, a thermographic camera can be used to determine the physical extent of the pollution.

Outdoor search and rescue operations Similarly to outdoor rescue efforts, when rescuing persons in an enclosed space, the differing temperature between the human body and its environment can be utilized for successful search procedures. Foremost in situations where search with the naked eye is limited (eg.: darkness, fog, areas covered with thick vegetation, etc)

Vehicular accidents Foremost suitable for increasing operational safety. Leakage of fuel or other hazardous materials can be

Civil Defence European Science


ascertained with thermographic cameras. In the case of accidents where the presence of more than one person in the vehicle cannot be excluded, the device can be used to search for other victims.

Tactical application of thermographic cameras The spread of thermographic cameras has been one of the greatest development in firefighters’ equipment in recent decades. When used properly thermographic cameras can greatly assist the work of those carrying out the operation during damage control efforts. However, for their efficient use, it is necessary that we understand their limitations and know how to interpret the images they produce. Thermographic cameras used by firefighters can be divided into two basic categories. Personal thermographic cameras and collectively applied ones. The former mainly aid firefighters in orientation. These are not suitable for full-spectrum search efforts or making decisions. The reason for this is their smaller screens, lower image resolution and weaker processor performance which all mean it takes longer to refresh the image.

Fig. 2. BULLARD T3 max+camera

Image interpretation Thermographic

cameras depict hotter points as light grey to white. Colder objects are darker grey to black. Because the image appearing on the screen is always relative to the examined area it is capable of highlighting warm-blooded living things such as humans, pets, etc. The most modern cameras like the BULLARD T3 max+ have a so-called Super Red Hot function with which they indicate the points of differing temperature as yellow beginning at 500 °F (260 ) and as the temperature rises, they change to orange and red. Thus, thermographic cameras do not detect temperature but temperature differences. This is why they are able to indicate heat imprints as well.

Heat inversion The heat of the average human body is approximately 37 which means that in a room-temperature space a thermographic camera would depict it as a white or light grey shape. A firefighter in a burning building would be indicated as a darker shape on the screen as they are likely to be among the coldest objects in the space.

Heat contrast This means that objects can be separated from one another. Whether the heat contrast is sharp or blurred depends on the sensitivity of the infrared detector and the difference in temperature between the objects on the image.

Heat saturation This can happen if the objects absorb a large amount of energy and radiated it back with uniform temperatures. This will result in a nearly uniformly white image and hinder the efficient use of the device. This characteristically occurs during the fire and afterward.

Conclusions Thermographic cameras can be successfully used to search for persons in low visibility conditions

(e.g. smoke-filled spaces). When approaching the space to be inspected from six directions (ceiling, the four walls, floor) we must continuously inspect and evaluate. It may occur that not every victim is indicated with an easy to recognize shape or color. This may be due to clothing, bedding or debris hindering infrared radiation from reaching the camera. We must search for the obvious and unrecognizable shapes alike. With the help of the thermographic camera, we inspect areas where a victim could potentially be present (eg. bed, closet, a pile of debris, etc.)



References 1. Friedrich Wilhelm Herschel. Available from:

https://hu.wikipedia.org/wiki/William_Herschel#Az_infrav%C3%B6r%C3%B6s_sug%C3%A1rz%C3%A1s Downloaded: 2019.11.01.

2. Friedrich Wilhelm Herschel. Available from: https://hu.wikipedia.org/wiki/William_Herschel#Az_infrav%C3%B6r%C3%B6s_sug%C3%A1rz%C3%A1s Downloaded: 2019.11.01.

3. Elektromágneses sugárzás. Available from: https://hu.wikipedia.org/wiki/Elektrom%C3%A1gneses_sug%C3%A1rz%C3%A1s#Az_elektrom%C3%A1gneses_spektrum

4. Tihanyi Kálmán. Available from: https://www.google.com/search?q=tihanyi+k%C3%A1lm%C3%A1n&oq=tihanyi&aqs=chrome.0.69i59j69i57j0l4.3841j0j8&sourceid=chrome&ie=UTF-8 Downloaded: 2019.11.01.

5. Rrollovers, flashovers, and backdrafts | skysaver rescue backpacks. Available from: https://skysaver.com/blog/rollovers-flashovers-backdrafts-skysaver-rescue-backpacks/?v=7516fd43adaa Downloaded: 2019.11 07.

6. Dieter B. Herrmann: Az égbolt felfedez i. Gondolat Kiadó, Budapest, 1981., p. 127–128. ISBN 963 280 982 3

Economy European Science


PROSPECTS OF FINANCING OF PUBLIC-PRIVATE PARTNERSHIPS IN UKRAINE BY INTERNATIO AL ORGANIZATIONS

Tetiana Kalyta Senior teacher of the Department of Tax Policy, University of the State Fiscal Service of Ukraine,

Kyiv region, Irpin, Ukraine

Igor Ivanyuk PhD., Associate Professor,

Director of Malin Forestry College, Ukraine

JEL classification: F20, Q21, Q42, Q48

Abstract. The article reveals the main mechanisms for attracting financial resources from foreign sources to public-private partnerships in Ukraine. In particular, the authors focus on forms of funding PPP projects from international organizations, such as purpose-oriented and grant funding for PPP projects.

The article presents an analysis of the prospects of using the financial resources of international financial institutions for the implementation of PPP projects in the context of such institutions as: GSB (World Bank Group), European Bank for Reconstruction and Development (EBRD), and EIB (European Investment Bank). Researchers use the method of mathematical modeling (regressive analysis of the prediction of the volume of available and borrowed resources). The authors also examine the efficiency of borrowing finance from international organizations coming to Ukraine. The analysis shows insufficient use of financial resources in the implementation of public-private partnerships.

As a result of a predictive analysis of the aggregate available and borrowed funds of IFO resources available to finance PPP projects in 2014-2019, the authors found that both indicators are increasing and the forecast is positive, as demonstrated by both the trend line and the sliding average forecast (max) and weighted average (min). However, the dynamics of this growth is low, when comparing relative indicators, the volume of borrowing of the available financial resources of


European Science Economy

IFOs is relatively stable and amounts to 33.1-33.9%, while the forecast for 2019 shows the possibility of reducing this indicator to 33.1 -32.7%. This may speak both about a prerequisite for economic development, using the maximum available funding, and critical issues that today do not allow the effective mobilization and use of IFO financial resources in PPP projects in Ukraine. Keywords: public-private partnerships; international financial organizations; purpose-oriented and grant financing; predictive analysis of available and borrowed resources.

Introduction Given the difficult economic situation in Ukraine, which is manifested in the growth of public debt

and the consolidated budget deficit, the slight increase in real wages in the budget sphere and the reduction of long-term public financing and lending, the problem of finding financial resources for the development of public-private partnerships in the country is a topical issue.

Analysis of recent studies and publications. A number of foreign scientists – N. Andres, J. Delmon, J. Foster, B. Michael, V. Shin, R. Taylor, E. White, V. Barnavsky and Ukrainian scholars – T. Bogdan, N. Bondar, O. Vinnik, B. Vinnytsky, V. Geyets, B. Danylyshyn, V. Demishkan, O. Yegorov, T. Efimenko, I. Zapatrina, M. Kuzhelev, A. Melnyk, D. Naumov, V. Novitsky, T. Paentko, K. Pavlyuk, O. Piltayi, S. Onishko and others devoted their research to problems of formation and development of state-private partnership in the relationship of the state and private partners as well as relationship of the state and international organizations. Among the scholars studying the financial aspects of public-private partnership projects, the following should be mentioned: A. Akintoya, M. Beck, A. Bossabain, S. Gray, E. Jescombe, J. Hall.

According to the research of Ukrainian scientists, international aspect of the development of PPP mechanisms in Ukraine does not lose its relevance, even taking into account the trends in this field that are observed today, especially through the SP3ILNO platform. Therefore, it is necessary to analyze the financial potential of international organizations with a view to their further cooperation with Ukraine in the development of public-private partnerships.

Research results. According to the PPP mechanisms that have been analyzed earlier and are being used in Ukraine today, financing from foreign sources can be interpreted as: 1) participation of an equal international partner; 2) credit resources obtained from international financial institutions on a turnaround basis (with or

without government guarantees); 3) grant funding from international financial institutions on a grant basis; 4) international technical assistance; 5) purpose-oriented financing of individual PPP projects at the expense of international financial

institutions. Grant funding and purpose-oriented financing of individual PPP projects are specific forms of

financing PPP projects from international financial institutions. Since every international financial institution has in its financial portfolio all of these financing

options, we consider it appropriate to analyze the prospects of using the financial resources of international financial organizations in PPP projects in the context of their own organizations and, in some cases, in the context of PPP projects (especially if financing one PPP project is implemented by different international financial institutions and by different mechanisms).

The largest international financial institutions providing funding for PPP projects in Ukraine are the World Bank Group (International Bank for Reconstruction and Development (IBRD), International Development Association (IDA), International Finance Corporation (IFC)) – GSB, European Bank for Reconstruction and Development ( EBRD), European Investment Bank (EIB), NEFCO (Nordic Environmental Finance Corporation), European Atomic Energy Community (Euratom), KfW (German State Development Bank) and others. Let us consider usage of the financial resources of GSB, EBRD, EIB for implementation of PPP projects in Ukraine.

Analyzing the projects of the World Bank Group, we can see that during the period of Ukraine's independence, GSB, through various mechanisms, launched 106 loan and grant projects worth over $ 16 trillion, 70 of which ended with a positive result, 19 were canceled, 14 are in force and 3 are in a state of agreement before signing [10]. Of all these projects, 64 contain PPP projects as part of their funding, with grants in 25 funding programs. At the same time, of the 64 projects, 8 were



canceled in their entirety, as no PPP projects were submitted that would meet the funding requirements [10].

However, more informative is the financial part of these projects, especially the volume and efficiency of the use of funds allocated by the GBS for the implementation of specific programs and the credit conditions under which the funding was provided. According to GSB statistics, in 2018, 10 funding programs were opened for Ukraine that have in their structure PPP projects under their credit terms. The total available financial resources are $ 1.7 billion at a rate of 1.2% to 3.6% per annum. Of the total available funding for PPP projects, only US $ 356.7 million was used, and US $ 282.2 million was withdrawn from available financial resources due to the lack of PPP projects requiring credit financing. According to the data, the average interest rate is 2.2% per annum. That is, 20.98% of the available resources for financing PPP projects at an average rate of 2.2% per annum, with another 16.6% of the available financing volume was withdrawn [9]. Compared to credit financing from the national banking sector, which is available to finance PPP projects, the crediting rate starts at 18% pa [3]. By 2018, the financing of the project proposal development and the preparation of the PPP project documentation was completely transferred to a private partner, which presented some element of uncertainty and financial risk, since the consideration of a single PPP project application can take up to 18 months, but from 2018 these risks have receded into the background, since after the involvement of Western NIS Enterprise Fund, all the necessary tools and expert assistance in the preparation of PPP projects are available on a royalty-free basis, so as a whole, it does not affect the cost of credit resources of international financial institutions that are available to finance PPP projects [5].

An analytical overview of the use of available GSB credit resources available to finance PPP projects is presented in Fig. 1.

Figure 1. Predictive analysis of the amount of available and borrowed resources of the GBS available for financing PPP projects in 2014-2019, USD million

Source: Developed by the author The advantage of GSB loan resources is that GSB does not define rigid portions of PPP financing,

provided from different sources, i.e., a PPP project can be financed from 0.1% to 100% of its value, provided that a properly drawn up project application is submitted and an appropriate state guarantee is available.



The next international financial institution that provides loans to finance PPP projects is the EBRD. According to the profile of this international financial organization, it can provide PPP project financing in all forms: participation as an equal partner, loan financing, grant funding, purpose-oriented financing.

According to the particularities of financing PPP projects from the EBRD's financial resources, as a whole, it is effective given the current conditions on the financial market of Ukraine; though, according to the statistics of EBRD, of the available funding, the amount of € 483,5 million was used during 2018, of which € 15.7 million is grant funding, and € 407.7 million is funding under the Chornobyl Nuclear Safety Projects, which is provided mainly on a royalty-free basis [11].

y = 36,779x2 155,4x + 517,48R² = 0,8958

y = 20,364x2 49,796x + 208,46R² = 0,9664

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Figure 2. Predictive analysis of available and borrowed EBRD resources available to finance PPP projects in 2014-2019, EUR million Source: Developed by the author

Related to the EBRD is the EIB, which provides purpose-oriented loans to PPP projects that have

high social or environmental efficacy but have low or negative cost-effectiveness and cannot be funded through EBRD funding programs. The interest rate of the EIB's purpose-oriented loans ranges from 0.1% to 3.7% and is calculated as covering exclusively the EIB's transaction costs for servicing a specific purpose-oriented loan [12]. As of early 2019, the EIB has launched five purpose-oriented loan programs for Ukraine, which provide funding for PPP projects, totaling € 139.5 million, of which € 11.7 million has been used, including € 4 million in the form of free international technical assistance [8].



Figure 3. Predictive analysis of the volume of available and borrowed EIB resources available to

finance PPP projects in 2014-2019, EUR million Source: Developed by the author.

As can be seen from Fig. 4, despite the decline in available credit resources, the forecast based

on moving averages (max) and weighted averages (min) for both indicators shows an upward trend, as demonstrated by the trend lines with high confidence. If we mutualize the available and borrowed financial (grant and credit) resources from all financial institutions, the picture will be as follows. (Fig. 4)

y = 660,87e0,2317x

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Figure 4. Predictive analysis of the aggregate existing and borrowed IFO resources available to finance PPP projects in 2014-2019, EUR million

Source: Developed by the author.



As can be seen, both indicators, namely the total available financial resources and the amount of borrowed financial resources, are increasing, and the forecast is positive, which is confirmed by both the trend line and the forecast based on sliding averages (max) and weighted averages (min). At the same time, the pace of such growth is low, but when considering relative indicators, the volume of mobilizing available financial resources of IFO is comparatively stable and is 33.1-33.9%, and moreover, the forecast for 2019 shows the possibility of reducing this indicator to 33, 1-32.7%, which demonstrates that there are both strong prerequisites for economic development using the maximum available funding and critical problems that do not allow effective involvement and use of MFIs' financial resources in PPP projects today.

Assuming that the relative values calculated by Ukrainian scientists have not undergone significant changes, as evidenced by the relatively stable volume of mobilizing IFO financial resources, in 2018, the estimated amount of additional GDP growth that can be formed by attracting IFO financial resources to PPP projects, equals US $ 747.12 million, excluding the cumulative effect of GDP growth over previous periods.

Conclusions An analysis of the problem of low level of involvement of available IFO financial resources in PPP

projects revealed the following problems. 1. There is no regulation of the procedure for accrual and payment of customs duties and

payments upon receipt of financial resources in the form of tangible assets (supply of specialized equipment, production and consumable materials, etc.), which leads to the need for urgent search for additional sources of financing for the PPP project and attracting domestic credit resources, which offset the financial efficiency of mobilizing MFO financial resources.

2. There is no legislative mechanism to obtain direct financing for PPP projects from IFOs through credit financial resources. All IFOs provide direct loan financing for PPP projects through specialized funds located in attractive financial jurisdictions to reduce transactions and the administrative costs of servicing such funds, while the SFS considers such transactions particularly suspicious and recipients of IFOs' loan resources) are subject to tax audits, which somewhat complicates their operations.

3. There is no mechanism for "special cooperation" with IFOs acting as an equal partner of the PPP, since there is no mechanism for protecting their investment interests, since in such a case the state guarantee of return mechanism for credit provided by MFIs under the PPP project does not cover them.

4. Insufficient effectiveness of the national bodies responsible for preparation, analysis, support, implementation and monitoring of PPP projects in Ukraine. These institutions are currently in the process of establishing mechanisms of activity, as they are already functioning by the end of 2019, but the effectiveness of such activity is insufficient as their funding is provided by IFO grant, which can be used for PPP own projects.

5. The problem of inconsistency of national legislation and EU framework laws in the field of PPP has not yet been resolved, so part of the available financial resources of the European IFOs remains inaccessible to Ukraine, since it is in a different legal field and financial and tax inconsistencies may arise in the use and repayment of such credit financing.

6. Lack of practical experience within Ukrainian companies in the implementation of PPP projects with the involvement of IFO financial resources under any conditions, since, in general, the PPP in Ukraine is an unpopular mechanism to stimulate the development of certain sectors of the economy.

In general, we believe that the mechanism of financing PPP projects from IFOs' financial resources is promising and can provide up to + 5% of additional GNP growth through efficient use of available IFOs' financial resources. At the same time, in order to effectively attract IFOs' financial resources, it is necessary to solve a number of critical problems that create artificial obstacles to the development of both PPPs in Ukraine as a whole and mechanisms for attracting IFIOs' financial resources to PPP projects in Ukraine.



References 1. Komarnytska H. O., (2019) Vitchyzniany dosvid derzhanvo-pryvantoho partnerstva v umovah

rozvyyku investytsiino-innovatsiinoi dijalnosti [Domestic experience of public-private partnership under conditions of development of investment-innovation activity]. Prychomomorski ekonomichni studii. Ekonomichny naukovo-praktychny journal – Black Sea Economic Studies. Economic scientific and practical journal, 44, 43-48 [in Ukrainian]

2. Novytsky V. A., (2017) Analiz stany vykorystannia kredytnyh resursiv mizhnarodnyh finansovyh orhanizatii v Ukraini [An analysis of the state of using loan funds of international financial organizations]. Ekonomichny visnyk. Seria: finansy, oblik, opodatkyvannia – Economic Bulletin. Series: Finance, Accounting, Taxation, 1, 147-153 [in Ukrainian]

3. Kredynti linii dlia biznesy [Credit lines for business]. Retrieved from: https: //privatbank.ua/ru/business/kredit

4. Onyshko S. V., (2017) Do pytannia teoretyko-metodohichnoho zabezpechennia rozbudovy derzhavno-pryvatnoho partnerstva [To the question of theoretical and methodological support for the development of public-private partnership]. Naukovi zapysky natsionalnoho universytetu ”Ostrozka Akademia”. Seria ”Ekonomika: naukovy journal – Scientific notes of the Ostroh Academy National University. Series: Economics: scientific journal, 7(35), 8 –11 [in Ukrainian]

5. Law of Ukraine ”On the regime of foreign investment” (1999) Zakon Law – The of Ukraine, 10, 111-118

6. Pro ofis [About office] SP3ILNO Retrieved from: http://www.spilno.in.ua/about-thecompany/ 7. EBRD Credit Line. EU4Business. Retrieved from:

http://www.eu4business.eu/programme/eu4business-ebrd-credit-line 8. Project List: Ukraine. European Investment Bank. Retrieved from:

https://www.eib.org/en/projects/pipelines/index.htm?q 9. Summary of IBRD & IDA Loans for Ukraine. The World Bank IBRD Ukraine Project List. The

World Bank IBRD IDA. Retrieved from: https://projects.worldbank.org/ 10. IDA. Retrieved from: URL:https://data.worldbank.org/country/ukraine 11. Ukraine Project Summary Documents. European Bank for Reconstruction and Development.

Retrieved from: https://www.ebrd.com/work-with-us/project-finance/project-summary-documents.html?c36=on&keywordSearch=

12. What we offer. European Investment Bank. Retrieved from: https://www.eib.org/en/products/index.htm



BUSINESS DEMOGRAPHY STATISTICS AS AN INDICATOR OF BUSINESS ENVIRONMENT OPPORTUNENESS:

COMPARATIVE ANALYSIS OF UKRAINE AND EU MEMBER STATES

Iryna Mynchynska Senior Lecturer, Educational and Research Institute of

Economics, Taxation and Customs, University of the State Fiscal Service of Ukraine,

Kyiv region, Irpin, Ukraine

JEL Classification: M13; M21; G28; G33

Abstract. Most often, information about the state of the business environment in a particular region or country is obtained through a survey of respondents. However, a certain degree of subjectivity is inherent in this method of obtaining information. Therefore, using official statistics as a source of information avoids this.

The purpose of this article is to evaluate the degree to which the business environment of enterprises in Ukraine is operating on the basis of indicators of business demography statistics by conducting

a comparative analysis with similar indicators of EU countries. The object of the study is the business demographics of enterprises in Ukraine and the EU as a

source of objective information on the state of the business environment. In the analysis of the main statistical indicators of statistics of business demography of enterprises, such methods as comparison and comparison were used.

The study found that despite the significant deterioration of the economic situation in Ukraine, the number of economic entities in 2012-2015 tended to increase. At the same time, there was a tendency to increase the share of natural persons-entrepreneurs from 77.16% to 83.57% during 2012-2018. In 2014-2016, there was a negative trend in the growth of the indicator of the total number of active enterprises in Ukraine, due to the worsening economic situation. The share of births in the total number of active enterprises in Ukraine during 2012-2018 is lower than the average in Europe and, despite the slightly better figures for the share of deceased enterprises, it can be generally concluded that the environment for doing business in Ukraine is unfavorable. Keywords: assessment of the business environment, business demography statistics, population of active enterprises, births of enterprises, deaths of enterprises.

Introduction The business environment, as a set of factors that significantly affects the activities of business

entities and are beyond their control, is extremely important for the development of entrepreneurship in any country. Therefore, the business environment is subject to scrutiny by public authorities, and assessing the degree of its favorability serves as a guide when deciding on economic and institutional reform priorities.

Most often, the business climate is estimated on the basis of a survey of respondents, so it has a certain degree of subjectivity, since it depends on the composition, size and parameters of the statistical sample, etc. Against this background, an assessment of the business environment's propriety based on official data from state statistical authorities will be more objective, which makes the topic chosen for research relevant.

The analysis of recent research and publications. Mainly relates to the coverage of

methodological aspects of the evaluation of business demographics, such as in the works of Grierson K., Allen A. (2008) 3 . The works of some authors refer to defining a system of



business demographics in order to be able to compare them across countries – Ahmad N. (2008) 1 , including alternative methods for assessing business demographics, such as in the works of

Ron J., Miranda J., Sandusky K. (2003) 7 or Takahashi M., Sato-Ilic M., Okamoto M. (2019) 9 . Identifying the factors that determine the creation of new businesses, their survival and duration of operation in individual countries are considered in the works of Lopez-Garcia P., Puente S. (2006) 4 ; Yarkova Y., Toneva K., Markov N. (2017) 10 ; and Shinkarenko K. (2017) 8 . The works of some authors are dedicated to the comparative analysis of the state of business demographics of individual countries with other EU or OECD countries based on Eurostat data and publications, such as Poland's Business Demographics Assessment, conducted by Ptak-Chmielewska A. (2009) 6 . However, the comparative analysis of the business demographics of Ukraine and EU Member States has not yet been conducted.

Formulating the goals of the article. Given the relevance of this research topic and its lack of elaboration, it is advisable to study the state and trends of business environment in Ukraine in comparison with EU countries on the basis of indicators of business demography of enterprises.

Research results. Due to the events that took place in Ukraine in 2013-2014, the number of economic entities in the Ukrainian economy during the period indicated an upward trend, which has been observed since 2012 (Fig. 1).

Fig. 1. Number of economic entities in the Ukrainian economy in 2012-2018 1, 2

Source: compiled and calculated by author based on 14 Overall, the analysis of the dynamics of registered economic entities in the economy of Ukraine in

2012-2018 indicates a systematic increase in their numbers during 2012-2015. The trend line of the total number of economic entities in 2012-2018 corresponds to the trend of the dynamics of the number of natural persons-entrepreneurs during the specified period, since their share in the total number of economic entities ranges from 77.16% to 83.57% depending on from the year.

However, it should be noted that the analysis of the dynamics of the number of registered business entities does not allow to objectively estimate the number of business entities engaged in economic activities, and therefore to draw on this basis the conclusions about the favorable business environment created in a country. This is due to the fact that the registered business entities may not carry out economic activities. To this end, it is necessary to analyze the dynamics of business demography statistics indicators. Consider such an indicator as the number of economically active enterprises in Ukraine (Fig. 2).

1 Data is presented without banks, budgetary institutions and taking into account the statistical information on individual entrepreneurs, formed on the basis of data of the State Tax Service of Ukraine

2 For the years 2014-2018, the data are given without taking into account the results of the activities of banks, budgetary institutions, the temporarily occupied territory of the Autonomous Republic of Crimea, Sevastopol and parts of the area of anti-terrorist operation

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Economic entities Enterprises Individual entrepreneurs



Fig. 2. The total number of registered economic entities and active enterprises in Ukraine in 2012-2018

Source: compiled and calculated by author based on 13 Analyzing statistics on the number of registered economic entities and the number of

economically active enterprises in the economy of Ukraine in 2012-2018 (Fig. 2), we conclude that only about one third of the registered enterprises are active, that is, carry out economic activities. It should also be noted that with the increase in the total number of registered enterprises during 2012-2015, the total number of active enterprises is decreasing (2013-2016). This confirms once again that the business demography of enterprises more objectively reflects the state of entrepreneurship.

Consider the number of active enterprises in Ukraine and the EU Member States (Fig. 3).

Fig. 3. Population of active enterprises of Ukraine and the EU Member States in 2012-2018 3, 4

Source: compiled by author based on 2, 13 The dynamics of growth in the total number of economically active enterprises in the EU Member

States in 2012-2018 differed by country. The dynamics of indicators of the number of economically active enterprises shows that due to the economic crisis of 2008-2009 in 12 EU countries, such as Czechia, Germany, Spain, Croatia, Italy, Cyprus, Hungary, Malta, Austria, Austria, Portugal, Slovakia and Finland until 2013. there was a decrease in the number of active enterprises, while in Germany, Croatia, Italy and Austria this decrease occurred until 2015, and in Finland - 2016.

In fact, in almost all Eurozone countries, in 2008-2014, there has been a decline in the number of businesses due to the financial crisis. The number of insolvent and bankrupt enterprises reached a

3 For EU Member States, the data are given by economic activities such as industry, construction and services except insurance activities of holding companies

4 Poland, Sweden – were not logged in due to lack of statistics on the Eurostat website

1600127 17220701932161 1974439 1865631 1805144 1839672

622538 669993 631184 624769 605851 640545 666986

0

500000

1000000

1500000

2000000

2500000

2012 . 2013 . 2014 . 2015 . 2016 . 2017 . 2018 .

The total number of registered economic entities The total number of registered active enterprises

0

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5000000

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dom

2012 2013 2014 2015 2016 2017



critical level at that time. Small and medium-sized enterprises have suffered the most from the crisis, the number of which has declined much faster than micro and large enterprises. This is a negative phenomenon for the economy, because the activity of small and medium-sized enterprises plays an important role for the economies of European countries, since their share in the total number of economic entities is huge: in 2012, about 99.8% of companies in the EU were classified as small and medium-sized businesses, the share of micro-enterprises reached 92.1%; such companies created from 52.4% (UK) to 80% (Italy) jobs in the economy, and their share in value added averaged 57.6% [11].

Taking into account the different sizes of the countries for which the comparative analysis is carried out, for the purposes of researching the dynamics of the total number of active enterprises in Ukraine and the EU countries, their number should be considered per 10,000 available population. Indicators point to extremely low values of the total number of active enterprises per 10,000 population in Ukraine compared to EU countries, and its positive dynamics over the period, despite the growth of the total number of active enterprises in 2013 and 2017, occurred only due to the significant annual decrease in the population in Ukraine.

Another important group of business demographic statistics is birth rate indicators (Fig. 4).

Fig. 4. Number of enterprise births divided by the number of enterprises active (birth rate)

of Ukraine and the EU Member States in 2012-2018 (percentage) 5, 6 Source: compiled and calculated by author based on 2, 15

Overall, the share of births in the total number of active enterprises in Ukraine during 2012-2018

(in 2013 - 9.1%; 2014 - 8.8%; 2015 - 7.7%; 2016) - 10.4%) is below the European average (in 2012 the average was 10.02%; in 2013 - 10.15%; in 2014 - 10.63%; in 2015 - 9.94% ; 2016 - 10.24%; 2017 - 10.08%), except for 2016 2 . This indicates the unfavorable environment for doing business in Ukraine. The value of this indicator across the EU countries does not have such wide variation as the indicator of the total number of active enterprises, which is explained by the units of its measurement, but among the EU countries there are those whose value is 1.5-2.5 times higher than the average European level (average value of the indicator in 2012-2018 - 10.18%) - Latvia (average 16.54%), Lithuania (average 22.15%) and Portugal (average 14.68%). It should also be noted that the value of the Population of active enterprises division by population (in 10000) for Latvia and Lithuania was lower than the European average, which created the conditions for an increase in the number of start-ups, but this is also evidence of a favorable business climate in these countries created in these countries.



0

5

10

15

20

25

30

Ukr

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Belg

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Czec

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Denm

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(per

cent

age)

2012 2013 2014 2015 2016 2017



Indicators of births should be considered in conjunction with indicators of deaths (Fig. 5).

Fig. 5. Number of enterprise deaths divided by the number of enterprises active (deaths rate) of

Ukraine and the EU Member States in 2012-2018 7, 8

Source: compiled and calculated by author based on 2, 15 It should be noted that in spite of the fact that on the average for the EU countries during 2012-

2017 there was an excess of the share of born enterprises over the dead at the level of 1.5-2 pp. are countries that had a higher proportion of deceased enterprises than births during or over the entire period or individual years. For example, Germany showed a slight steady increase in the share of deceased enterprises over births during 2012-2017 within 1 pp. without a tendency to increase, a similar situation was observed in Greece in 2015-2017 (data for 2012-2014 is missing). Also in countries such as Czechia, Denmark, Spain, Croatia, Cyprus, Hungary, Malta, over the years (from 2 to 4), the share of deceased enterprises over births exceeded. In countries such as Italy, Luxembourg, Slovenia, Austria almost the same level of the share of births and deaths was observed in the total number of active enterprises, with a slight predominance of the share of births within 1-2 pp. Interesting are the indicators of France, which during the whole period had an excess of the share of births of enterprises over deaths by 2 times and Lithuania, where in 2012-2015 this increase was 1.3-1.7 times. That is, in general, the European countries are characterized by heterogeneity in the number and share of births and deaths of enterprises.

Conclusions In Ukraine, only about one-third of the registered enterprises are active, that is, carry out

economic activities, so the use of such an indicator as the total number of registered enterprises does not reflect the real state of favorable business environment. In addition, with the increase in the total number of registered enterprises during 2012-2015, there was a decrease in the total number of active enterprises.

Compared to EU countries, Ukraine has a very low level of active enterprises per 10,000 population, and its positive dynamics during 2012-2017 are due, to a large extent, not to an increase in the total number of active enterprises, but to an annual significant decrease in population.

The share of births in the total number of active enterprises in Ukraine is generally lower than the average in the EU countries, which also confirms the thesis that the environment for doing business in Ukraine is unfavorable, despite the lower average of the share of deceased enterprises.

References 1. Ahmad N. (2008) A Proposed Framework for Business Demography Statistics. In:

Congregado E. (eds) Measuring Entrepreneurship. International Studies In Entrepreneurship, vol 16. Springer, Boston, MA



05

1015202530

Ukr

aine

Belg

ium

Bulg

aria

Czec

hia

Denm

ark

Germ

any

Esto

nia

Irela

ndGr

eece

Spai

nFr

ance

Croa

tiaIta

lyCy

prus

Latv

ia

Lith

uani

aLu

xem

bour

gHu

ngar

yM

alta

Net

herla

nds

Aust

riaPo

rtug

alRo

man

iaSl

oven

iaSl

ovak

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and

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ted

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bero

fent

erpr

isede

aths

(per

cent

age)

2012 2013 2014 2015 2016 2017



2. Business demography by size class (from 2004 onwards, NACE Rev. 2) [Digital resource] : Eurostat – Data Explorer (bd_9bd_sz_cl_r2) . – Digital Data. – Luxembourg : Eurostat, 2019. – [Online]. URL: https://appsso.eurostat.ec.europa.eu/nui/show.do (Accessed on: November 5, 2019). – Screen Title

3. Grierson K. & Allen A. “Introducing the new business demography statistics”, Econ Lab Market Rev (2008) 2: 53. https://doi.org/10.1057/elmr.2008.187

4. Lopez-Garcia, Paloma and Puente, Sergio, Business Demography in Spain: Determinants of Firm Survival (April 10, 2006). Banco de Espana Research Paper No. WP-0608. Available at SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=901153 or http://dx.doi.org/10.2139/ssrn.901153

5. Population change - Demographic balance and crude rates at national level [Digital resource] : Eurostat – Data Explorer (bd_9bd_sz_cl_r2) . – Digital Data. – Luxembourg : Eurostat, 2019. – [Online]. URL: https://appsso.eurostat.ec.europa.eu/nui/show.do (Accessed on: November 5, 2019). – Screen Title

6. Ptak-Chmielewska A. (2009). Business demography–apllication for Poland. In XXVI-IUSSP International Population Conference

7. Ron J., Miranda J., & Sandusky K. (2003). Alternative Measures of Business Entry and Exit “, paper presented at the OECD Workshop on Improving statistics on SMEs and Entrepreneurship, 2003: COM. STD/NAES/DSTI/EAS (2003) 12

8. Shinkarenko K. (2017). National, regional or industrial explanation for business demography in the European Union since 2010 until 2014: a shift-share application (Doctoral dissertation)

9. Takahashi M., Sato-Ilic M., Okamoto M. (2019) Estimation of Business Demography Statistics: A Method for Analyzing Job Creation and Destruction. In: Czarnowski I., Howlett R., Jain L., Vlacic L. (eds) Intelligent Decision Technologies 2018. KES-IDT 2018 2018. Smart Innovation, Systems and Technologies, vol 97. Springer, Cham

10. Yarkova Y., Toneva K., & Markov N. (2017). REGIONAL DISPROPORTIONS-BUSINESS DEMOGRAPHY AND ECONOMIC GROWTH (EXAMPLE OF BULGARIA). Economic Studies, 26(6)

11. Biznes-demografiya v Evrope: kto perezhil krizis [Elektronnij resurs] // Setevoe izdanie "Vesti. E`konomika (vestifinance.ru)". – Elektronny`e danny`e. – [Moskva : Uchreditel`: Federal`noe gosudarstvennoe unitarnoe predpriyatie "Vserossijskaya gosudarstvennaya televizionnaya i radioveshhatel`naya kompaniya" (VGTRK), 2017]. – Rezhim dostupa: https://www.vestifinance.ru/articles/41835 (data obrashheniya 5.11.2019 r.). – Nazvanie s e`krana

12. Demohrafichna ta sotsialna statystyka / Naselennia ta mihratsiia / Chyselnist naselennia [Elektronnyi resurs] : publykatsiia dokumentiv Derzhavnoi Sluzhby Statystyky Ukrainy . – Elektronni dani. – Kyiv : Derzhstat Ukrainy, 1998-2019. – Rezhym dostupu: http://www.ukrstat.gov.ua/ (data zvernennia: 10.11.2019). – Nazva z ekrana

13. Kilkist aktyvnykh pidpryiemstv za rehionamy Ukrainy ta vydamy ekonomichnoi diialnosti [Elektronnyi resurs] : publykatsiia dokumentiv Derzhavnoi Sluzhby Statystyky Ukrainy . – Elektronni dani. – Kyiv : Derzhstat Ukrainy, 1998-2019. – Rezhym dostupu: https://ukrstat.org/uk/operativ/operativ2014/kap/kap_u/arh_kap_u.html (data zvernennia: 01.11.2019). – Nazva z ekrana

14. Kilkist subiektiv hospodariuvannia za vydamy ekonomichnoi diialnosti [Elektronnyi resurs] : arkhiv danykh Derzhavnoi Sluzhby Statystyky Ukrainy . – Elektronni dani. – Kyiv : Derzhstat Ukrainy, 1998-2019. – Rezhym dostupu: https://ukrstat.org/uk/operativ/operativ2012/fin/osp/ksg/ksg_u/arch_ksg_u.htm (data zvernennia: 20.10.2019). – Nazva z ekrana

15. Osnovni pokaznyky statystyky demohrafii pidpryiemstv [Elektronnyi resurs] // Derzhavna sluzhba statystyky Ukrainy : [sait]. – Rezhym dostupu: http://www.ukrstat.gov.ua/, vilnyi. – Nazva z ekranu



GROSS DOMESTIC PRODUCT LEVEL OF UKRAINE: ANALYSIS AND IMPACT FACTORS

Vitalii Romanchukevych PhD., Associate Professor, Doctoral Candidate Department of

Finance SHEI «University of Banking», Deputy Head Of The Ukrainian Banks' association,

Kyiv, Ukraine

UDC 330.5

Abstract. The paper elaborately analyzes the welfare measures of the state, in particular, GDP and GDP per capita. Prime factors influencing the dynamics of the researched indicators are identified and analyzed. The findings are used to develop a multifactorial econometric model with the aid of the methods and models of correlation and regression analysis by the author, at which point the author has built up a multifactorial regression model of nominal GDP dependence on a several factors. Keywords: nominal GDP, inflation, export, import, unemployment, model, correlation and regression analysis, factors.

Introduction GDP is a paramount indicator for assessing a country's economy. The living standard of the

population could be estimated by analyzing this indicator, since the larger volume of production by the industries and gross surplus value, the greater possibility of increasing the living standard of the country's population. That is why most scientists, economists and government workers are interested in official statistical information over this indicator in order to make effective macroeconomic decisions, but such data could be obtained not sooner than April of the following year, prior to the current year, in our country. Therefore, under such conditions the consistent flow forecast obtains special urgency for macroeconomic indicators at the time of lack of official statistics.

Actual scientific researches and issues analysis. The papers by domestic and foreign economists were dedicated to a topic of the development of GDP forecasting models, it is particularly worth mentioning foreign scientists with their works as K. Cheung, F. Demers, M. Kamacho, I. Sancho, A. der Reyer, M. Schneider, M. Spitzer, S. Urasava, F. Diaz, M. Pinheiro, A. Rua, M. Rusnak, and P. Antipa. The interesting researches belong to Ukrainian scholars as R. Boiko, O. Vodchyts, O. Kremeshnyi, O. Mazur, I. Polokhov, O. Semenenko, N. Fatiuga, I. Fedorenko, S. Nikolaichuk, B. Godzishevsky, S. Shumska and others. Despite this, the issue of determining the factors influencing GDP is still not clearly understood.

The research objectives. The purpose of the paper is to develop and substantiate a model of dependence of nominal GDP on import, export of goods and services, unemployment rate and inflation index.

The statement of basic materials. Sustainable economic growth is the main condition for improving the human well-being of the country, and therefore growth factors serve as a target function while modeling the state development. GDP growth provides raising the well-being of the people, opportunities for business development, and enhancement of the country's competitiveness.

GDP per capita is one of the most accurate ways of assessing a country's economic development. The latest Index of Economic Freedom represents measures of GDP and GDP per capita (by PPP) by international organization of Heritage Foundation. This indicator amounted to $ 2205 in Ukraine in 2017, comparing to the leading countries of the world GDP of Ukraine is far behind and places our country in 133rd position among 187 countries in the world analyzed for the research [1]. Data on Gross Domestic Product are presented in Table 1, Figure 1.



Table 1 Trends in Indicators of Nominal GDP of Ukraine

for the Period from 2002 to 2018, in millions of UAH, in millions of USD

Years Nominal GDP, UAH million

Comparable growth rate Nominal GDP,

USD million*

Comparable growth rate Exchange

rate UAH million

% USD

million* %

2002 225810 - - 42393 - - 5.33 2003 267344 +41534 +18.4 50133 +7740 +18.3 5.33 2004 345113 +77769 +29.1 64883 +14750 +29.4 5.32 2005 441452 +96339 +27.9 86142 +21259 +32.8 5.12 2006 544153 +102701 +23.3 107753 +21611 +25.1 5.05 2007 720731 +176578 +32.5 142719 +34966 +32.5 5.05 2008 948056 +227325 +31.5 179992 +37273 +26.1 5.27 2009 913345 -34711 -3.7 117228 -62765 -34.9 7.79 2010 1082569 +169224 +18.5 136419 +19192 +16.4 7.94 2011 1316600 +234031 +21.6 163160 +26740 +19.6 8.07 2012 1408889 +92289 +7.0 175781 +12622 +7.7 8.02 2013 1454931 +46042 +3.3 183310 +7529 +4.3 7.94 2014 1566728 +111797 +7.7 131805 -51505 -28.1 11.89 2015 1979458 +412730 +26.3 90615 -41190 -31.3 21.84 2016 2383182 +403724 +20.4 93270 +2655 +2.9 25.55 2017 2982920 +599738 +25.2 112154 +18884 +20.2 26.60 2018 3558706 +575786 +19.3 127781 + 15627 +13.9 27.85

Source [2] Excluding the temporarily occupied territories of the Autonomous Republic of Crimea, Sevastopol

and part of the temporarily occupied territories in Donetsk and Luhansk regions since 2014. * GDP in dollars according to the World Bank, see [3]

Fig. 1. Dynamic Nominal GDP Modeling for Ukraine for the Period from 2002 to 2018,

in millions of UAH, in millions of USD The analysis findings suggest that the greatest year-on-year growth of the GDP indicator was

observed by 32.8% in 2005 over the last 12 years. However, it should be noted that such increase occurred at a stable dollar exchange rate. On the contrary, we could see the largest decline in GDP with a value of less than 34% in 2009 over the whole period, which could be evidence of the impact

y = 0,00e0,16x

R² = 0,97

y = 32,754x4 263291x3 + 8E+08x2 1E+12x + 5E+14R² = 0,7814

0

500000

1000000

1500000

2000000

2500000

3000000

3500000

4000000

2000 2002 2004 2006 2008 2010 2012 2014 2016 2018 2020

Nom

inalGD

P

Years

Nominal GDP, UAH million

Nominal GDP, USD million

Exponential (Nominal GDP, UAH million)

Polynomial (Nominal GDP, USD million)



of the 2008 global financial crisis. When analyzing the GDP indicator, it is extremely important to study this indicator per capita. Thus, the nominal gross domestic product of Ukraine per capita is represented in Table 2, Figure 2.

Table 2 Trends in Indicators of Nominal GDP per capita of Ukraine

for the Period from 2002 to 2018, UAH, USD

Years Nominal GDP per

capita, UAH

Comparable growth rate

Nominal GDP per capita, USD*

Comparable growth rate Population**,

thousands UAH % USD* %

2002 4681.9 - - 879.0 - - 48230 2003 5591.5 +909.5 +19.4 1048.5 +169.6 +19.3 47813 2004 7272.9 +1681.5 +30.1 1367.4 +318.8 +30.4 47452 2005 9371.6 +2098.7 +28.9 1828.7 +461.4 +33.7 47105 2006 11630.2 +2258.6 +24.1 2303.0 +474.3 +25.9 46788 2007 15496.5 +3866.2 +33.2 3068.6 +765.5 +33.2 46509 2008 20494.9 +4998.4 +32.3 3891.0 +822.4 +26.8 46258 2009 19832.3 -662.5 -3.2 2545.5 -1345.6 -34.6 46053 2010 23600.4 +3768.1 +19.0 2974.0 +428.5 +16.8 45871 2011 28813.9 +5213.4 +22.1 3570.8 +596.8 +20.1 45693 2012 30912.5 +2098.6 +7.3 3856.8 +286.1 +8.0 45577 2013 31988.7 +1076.2 +3.5 4030.3 +173.5 +4.5 45483 2014 35834.0 +3845.3 +12.0 3014.6 -1015.7 -25.2 43722 2015 46210.2 +10376.1 +29.0 2115.4 -899.2 -29.8 42836 2016 55853.5 +9643.3 +20.9 2185.9 +70.5 +3.3 42668 2017 70224.3 +14370.8 +25.7 2640.3 +454.4 +20.8 42477 2018 84192.0 +13967.7 +19.9 3023.1 +382.8 +14.5 42269


and part of the temporarily occupied territories in Donetsk and Luhansk regions since 2014. * GDP in dollars according to the World Bank, see [3] ** population calculated yearly average

Fig. 2. Dynamic Nominal GDP per capita Modeling for Ukraine for the Period from 2002 to 2018,

UAH, USD

y = 0,00e0,17x

R² = 0,98

y = 0,7046x4 5664x3 + 2E+07x2 2E+10x + 1E+13R² = 0,7946

0

10000

20000

30000

40000

50000

60000

70000

80000

90000

2000 2002 2004 2006 2008 2010 2012 2014 2016 2018 2020

Nom

inalGD

Ppe

rcap

ita

Years

Nominal GDP per capita of Ukraine, UAH

Nominal GDP per capita of Ukraine, USD

Exponential (Nominal GDP per capita ofUkraine, UAH)

Polynomial (Nominal GDP per capita ofUkraine, USD)



As shown in the Table 2 GDP per capita of Ukraine amounted to $ 3023 in 2018 fluctuating between $ 879 in 2002 and $ 4030 in 2013 over the entire period. At the same time, the highest year-on-year growth of the indicator was observed by 33.7% in 2005. Following a significant increase of the indicator in 2013, GDP per capita decline by more than 25% in 2014 and 2015 was triggered by the start of the Antiterrorist Operation in the east consequently resulting in the economic blockade of the Donbas, where substantial part of the industrial capacity was concentrated. Further insignificant growth of this indicator occurred under the influence of cash injections into the economy from abroad.

Broadly comparing the macroeconomic indicators of our economy and the European countries the GDP per capita of the EU members averages about $ 35,000. EU countries achieved an average GDP growth of 2.3% in 2016 namely Latvia – 4.8%; Lithuania – 3.9%; The Netherlands – 3.8%; Spain – 3.1%; Austria – 2.9%; Germany – 2.1% [4].

According to our reckoning, the GDP level of the state depends directly on a range of factors including the inflation index, unemployment rate, export and import of goods and services. Therefore, these measures require detailed analysis.

Table 3 as well as Figures 3 and 4 represent data on export and import indicators of goods and services of Ukraine for the period from 2005 to 2018.

Table 3 Trends in Export and Import Indicators of Goods and Services of Ukraine for the Period

from 2005 to 2018, in millions of UAH, in millions of USD

Years Export, UAH

million Export,

USD million % GDP

Import, UAH million

Import, USD million

% GDP

2005 227252 44344.4 51.5 223555 43623.0 50.6 2006 253707 50239.0 46.6 269200 53306.9 49.5 2007 323205 64001.0 44.8 364373 72153.1 50.6 2008 444859 84458.2 46.9 520588 98835.6 54.9 2009 423564 54364.5 46.4 438860 56327.8 48.0 2010 549365 69227.8 50.7 580944 73207.2 53.7 2011 707953 87733.3 53.8 779028 96541.2 59.2 2012 717347 89500.3 50.9 835394 104228.5 59.3 2013 681899 85914.0 46.9 805662 101507.2 55.4 2014 770121 64788.4 49.2 834133 70173.6 53.2 2015 1044541 47816.7 52.8 1084016 49623.7 54.8 2016 1174625 45971.0 49.3 1323127 51782.9 55.5 2017 1430230 53774.8 47.9 1618749 60862.9 54.3 2018 1608890 57769.8 45.2 1914893 68757.4 53.8


and part of the temporarily occupied territories in Donetsk and Luhansk regions since 2014.



Fig. 3. Dynamic Export Modeling of Goods and Services of Ukraine for the Period from 2005 to 2018,

in millions of UAH, in millions of USD

Fig. 4. Dynamic Import Modeling of Goods and Services of Ukraine for the Period from 2005 to 2018,

in millions of UAH, in millions of USD

The analysis findings suggest that the indicators of export and import of goods and services show an increase in Ukraine by 2014, a major setback in 2015 and a subsequent gradual recovery. This situation is typical when looking at the data in USD, since when looking at the data in national currency, you could see even a slight increase proving a high inflation rate and a fall in the national currency during this period. It is these indicators to compile Table 4, Figure 5 and 6.

y = 0,00e0,14x

R² = 0,97

y = 1,5143x6 + 18283x5 9E+07x4 + 2E+11x3 4E+14x2 + 3E+17x 1E+20R² = 0,7147

0

200000

400000

600000

800000

1000000

1200000

1400000

1600000

1800000

2004 2006 2008 2010 2012 2014 2016 2018 2020

Expo

rt

Years

Export, UAH million

Export, USD million

Exponential (Export, UAH million)

Polynomial (Export, USD million)

y = 0,00e0,15x

R² = 0,96

y = 1,9633x6 + 23705x5 1E+08x4 + 3E+11x3 5E+14x2 + 4E+17x 1E+20R² = 0,6475

0

500000

1000000

1500000

2000000

2500000

2004 2006 2008 2010 2012 2014 2016 2018 2020

Impo

rt

Years

Import, UAH million

Import, USD million

Exponential (Import, UAH million)

Polynomial (Import, USD million)



Table 4 Trends in Inflation Index and Unemployment Rate in Ukraine

for the Period from 2000 to 2019, %

Years Inflation index, %

Unemployment rate, %

Economically active population,

thousands

Employed population, thousands

Unemployed population, thousands

2000 125.8 12.4 21150.7 18520.7 2630.0 2001 106.1 11.7 20893.6 18453.3 2440.3 2002 99.4 10.3 20669.5 18540.9 2128.6 2003 108.2 9.7 20618.1 18624.1 1994.0 2004 112.3 9.2 20582.5 18694.3 1888.2 2005 110.3 7.8 20481.7 18886.5 1595.2 2006 111.6 7.4 20545.9 19032.2 1513.7 2007 116.6 6.9 20606.2 19189.5 1416.7 2008 122.3 6.9 20675.7 19251.7 1424.0 2009 112.3 9.6 20321.6 18365.0 1956.6 2010 109.1 8.8 20220.7 18436.5 1784.2 2011 104.6 8.6 20247.9 18516.2 1731.7 2012 99.8 8.1 20393.5 18736.9 1656.6 2013 100.5 7.7 20478.2 18901.8 1576.4 2014 124.9 9.7 19035.2 17188.1 1847.1 2015 143.3 9.5 17396.0 15742.0 1654.0 2016 112.4 9.7 17303.6 15626.1 1677.5 2017 113.7 9.9 17193.2 15495.9 1697.3 2018 109.8 9.1 17296.2 15718.6 1577.6


and part of the temporarily occupied territories in Donetsk and Luhansk regions since 2014.

Fig. 5. Dynamic Inflation Index and Unemployment Rate Modeling in Ukraine for the Period from

2000 to 2019, %

y = 1E 04x6 1,1803x5 + 5939,7x4 2E+07x3 + 2E+10x2 2E+13x + 7E+15R² = 0,4716

y = 2E 05x6 + 0,2663x5 1337,6x4 + 4E+06x3 5E+09x2 + 4E+12x 1E+15R² = 0,8259

0

20

40

60

80

100

120

140

160

1998 2000 2002 2004 2006 2008 2010 2012 2014 2016 2018 2020

Infla

tionInde

xan

dUne

mploy

men

tRate

Years

Inflation index, %Unemployment rate, %Polynomial (Inflation index, %)Polynomial (Unemployment rate, %)



Fig. 6. Dynamic Modeling Economically Active, Employed and Unemployed Population of Ukraine for

the Period from 2000 to 2018 Table 5 provides relevant statistics in order to build a multifactor econometric model of the

nominal GDP dependence on import, export of goods and services, unemployment rate and inflation index.

Table 5 Output Data for Multifactor Economic and Mathematical Model Development for the

Period from 2005 to 2018, USD

Years Nominal GDP, in

USD million Y

Inflation index, %

X1

Unemployment rate, %

X2

Export, in USD million

X3

Import, in USD million

X4

2005 86142 110.3 7.8 44344.4 43623.0 2006 107753 111.6 7.4 50239.0 53306.9 2007 142719 116.6 6.9 64001.0 72153.1 2008 179992 122.3 6.9 84458.2 98835.6 2009 117228 112.3 9.6 54364.5 56327.8 2010 136419 109.1 8.8 69227.8 73207.2 2011 163160 104.6 8.6 87733.3 96541.2 2012 175781 99.8 8.1 89500.3 104228.5 2013 183310 100.5 7.7 85914.0 101507.2 2014 131805 124.9 9.7 64788.4 70173.6 2015 90615 143.3 9.5 47816.7 49623.7 2016 93270 112.4 9.7 45971.0 51782.9 2017 112154 113.7 9.9 53774.8 60862.9 2018 127781 109.8 9.1 57769.8 68757.4

The research was conducted using methods and models of correlation and regression analysis

[5]. As a result, a multifactor regression model was obtained for the nominal GDP dependence on import, export of goods and services of Ukraine, unemployment rate and inflation index (Equation 1).

Y = a0 + a1*X1 + a2*X2 + a3*X3 + a4*X4, (1) where a0, a1, a2, a3, a4 are defined as parameters of multifactor econometric regression.

Y = 29322,655 – 0,013*X1 + 1749,762*X2 – 1,807*X3 + 3,007*X4

y = 1,5792x3 + 9497x2 2E+07x + 1E+10R² = 0,8822

y = 0,512x3 + 3058,3x2 6E+06x + 4E+09R² = 0,8537

y = 1,0673x3 + 6438,7x2 1E+07x + 9E+09R² = 0,839

0

5000

10000

15000

20000

25000

1998 2000 2002 2004 2006 2008 2010 2012 2014 2016 2018 2020

Popu

latio

n

Years

Economically active population, thousands

Employed population, thousands

Unemployed population, thousands

Polunomial (Economically activepopulation, thousands)Polynomial (Employed population,thousands)



The constraint force study was performed using the multiple correlation coefficient, determination coefficient, and adjusted R-squared coefficient (Table 6) [7].

Table 6 Correlation Coefficients for factors X1, X2, X3, X4 and a resultant Y

Regression statistics

Multiple R 0.9897

R-squared 0.9794

Adjusted R-squared 0.9703

Standard error 5752.7627

Observation 14 The magnitude of the multiple R-correlation evaluates the qualitative characteristics of the

researched multifactor model. According to the obtained calculations, the coefficient is 0.9897 suggesting that there is a high correlation within the regression model, which indicates a very strong connection between factors and resultant. The value of the R-squared coefficient being the determination coefficient indicates the correspondence of the output data and the regression model, since its value is most closely approximate to 1 and counts 0.9794. The linear multifactor model explains 97.94% of the variation meaning that the selection of independent factors is correct. No more than 2.06% conditional upon other factors affecting nominal GDP but not included to the linear regression model.

Conclusions Thus, due to well-defined impact factors over the state GDP, as evidenced by the calculations, the

developed and substantiated multifactor correlation and regression model of the GDP dependence on a range of factors could be applied in further forecasting investigations becoming the blueprint for the efficiency improvement of state regulation of the economy.

References 1. GDP per capita ranking 2017 // Investor School, 2017. [Electronic resource] – URL:

http://investorschool.ru/rejting-stran-po-vvp-na-dushu-naseleniya-2017. 2. Official site of the Ministry of Finance of Ukraine [Electronic resource] – URL:

https://minfin.com.ua 3. World Bank in Ukraine [Electronic resource] – URL: http://www.worldbank.org. 4. Fundamentals of the World Economy [Electronic resource] – URL: http://gx3000.ru/osnovi-

svitovoiekonomiki/najvazhlivishi-ekonomichni–indicators-development.html. – Title from the screen. (Updated on 01/15/2017).

5. Nastenko E., Yakimchuk V., Nosovets O. Data Mining: Guidelines for Computer Workshops in Data Mining. Vol. 1. "Correlation and regression analysis of medical data", Kyiv, NTUU "KPI them. I. Sikorsky ”, 2017, 51 p.

6. Dispersion Analysis [Electronic Resource] – URL: http://lib.chdu.edu.ua/pdf/posibnuku/7/22.pdf.

7. Construction Methods for a general linear model [Electronic resource] - URL: http://lib.chdu.edu.ua/pdf/posibnuku/299/5.pdf.



CONCEPTUAL FOUNDATIONS FOR THE FOREIGN ECONOMIC SPHERE OF THE NATIONAL ECONOMY DEVELOPMENT

Olena Tkachenko PhD., Associate Professor, Department of Foreign Economic and

Innovation Management, Donetsk State University of Management, Mariupol, Ukraine

Olena Tanchyk

PhD., Department of Foreign Economic and Innovation Management, Donetsk State University of Management,

Mariupol, Ukraine

JEL O49

Abstract. The foreign economic sphere of the national economy of Ukraine plays a significant role, its scale and impact on the economic system situation as a whole in certain periods is crucial. Therefore, the problems of its development, ensuring a positive impact on the economy at large, are relevant for scientific research. The purpose of this study is to identify the main conceptual provisions of the foreign economic sphere of the national economy development. The object of the study is the complex economic systems development, which include the foreign economic sphere of the national economy. The theoretical basis of the study is the theory of economic growth and spatial development. The analysis of the basic theoretical provisions made it possible to determine the feasibility of using a system-structural approach to the process of the foreign economic sphere of the national economy development and to identify its main components. It has been proved that the system-structural paradigm acts as fundamental for ensuring economic growth and covers the whole set of issues related to the foreign economic sphere of the national economy development. This approach allows defining the development processes as a purposeful dynamic process of forming foreign economic relations, indicative programming of structural changes in foreign economic activity, both in the sectoral and territorial aspects. Keywords: foreign economic sphere, national economy, economic development, economic growth, concept of system and structural development.



Introduction At every stage of historical evolution, national economic systems retain some openness to the

external environment, but the nature of this openness changes in accordance with the level of the system adaptation to activity in the new environment. This openness is realized through the foreign economic sphere, which connects the national economy with the world economy. In the course of development at certain phase transitions, the foreign economic sphere changes, its existing structure varies, internal connections are split, a spectrum of possible development directions appears, including possible simplification or complication of the system, its destruction, emergence of new levels of the organization, which transforms the system into a qualitatively new state. The research and scientific justification of these changes is relevant for Ukraine and other countries, which, on the one hand, are dependent on external consumption and, on the other hand, seek sustainable economic growth to improve living standards and well-being of the population, and address existing ecological problems. The importance of addressing these issues is linked to the current challenges in the global economy – the slowdown in world trade growth, the threat of a full-scale trade competition between the US and China, the possible escalation of trade conflicts in general, the unwinding of over-liquid monetary policy, etc.

Analysis of recent research and publications. Significant contribution to the study of

economic development issues, economic growth, methodological and methodical approaches to structural changes in the economy and in the foreign economic sphere, in particular, was made by such foreign scientists as J. Budville, S. Kuznets, F. Peru, P. Potier, R. Solow, T. Swann, R. Harrod, J. Schumpeter, and others, as well as domestic ones – V. Bilotserkovets, Z. Varnalii. A. Galchinsky, V. Geyets, J. Zhalilo, O. Kuzmin, O. Poddubny, M. Skrypnichenko, A. Filipenko, A. Chukhno and others.

Assessing the scientific achievements of foreign and Ukrainian scientists on this issue, it is necessary to underline the insufficient degree of growth sources disclosure, measures to ensure long-term sustainability, programming of structural changes in the foreign economic sphere of the national economy, considering it not only in the aspect of functioning, but as a development aspect that determines the feasibility of further research, the direction of scientific analysis, which is a fundamental problem and the solution of which is necessary for ensuring the economic growth of Ukraine as a whole.

The purpose of the article is an analysis of the basic economic theories related to economic development, economic growth and formation of economic space for categorical understanding and understanding of these processes in the foreign economic sphere of the national economy.

Research results. Economic development in theoretical and practical scientific research has many different interpretations. Economic development means the acceleration of economic growth, the rational use of economic policy to enhance the national economy competitiveness, the formation of industrial policy, ensuring the sustainability of the process that harmonizes the natural and social systems, improving the standard of living of the population, wages, social benefits, the level of basic education and quality of training people’s skills, strengthening the economy at the regional level in order to reduce inequality, implement job creation programs, etc. From the point of view of the foreign economic sphere of the national economy development, the basic concepts of such theories as Economic Base Theory, Staple theory, Sector Theory, Growth Pole Theory, Neoclassical Growth Theory, Interregional Trade Theory, Theories of the Product Cycle, Entrepreneurship Theories are important.

Analysis of the main content of the theory of "economic base" [1, 2] showed that the equivalent

of economic development is economic growth, which is reflected, in particular, in the indicators of the production dynamics (as well as the level of income, employment) in the basic sectors due to external demand, which leads to an increase in exports and is multiplied on the entire national economy. Of course, this is a simple theoretical tool (and this can be considered an advantage), especially for forecasting, but it does not allow to take into account the complexity of the development process. In practice, the impact of different sectors of the basic one may not be the same. In spite of this, the practical application of this approach implies the active development of the foreign economic sphere of the national economy by stimulating certain industries or by taking advantage of the competitive benefits of individual regions.



Given the raw material distribution of the national foreign economic sphere one should take into account the theoretical approaches that have been developed within the Staple theory [3, 4] and have a certain qualification for the conceptual foundations formation for the foreign economic sphere of the national economy development. Their analysis showed that it is advisable to increase production of the main export commodity as long as it remains competitive in a larger economic system (this system is supported by world commodity markets and the world economy as a whole). Attention is drawn to the conclusion that strengthening existing specialization may be more appropriate than trying to diversify. But for this, the necessary conditions must be formed: the achievement of certain scales of the internal market, the emergence of cost savings opportunities due to the urbanization effect that can be used by other exporters.

The analysis of the Sector Theory content [5, 6] made it possible to identify as a criterion of economic development the degree of sectoral diversification and growth rates of labour productivity. Labour productivity in the primary and secondary sectors is growing faster than in the tertiary sector, which facilitates the release of working places in the primary and secondary sectors and its transfer into the tertiary, i.e. the redistribution of labour resources between economic sectors [7]. The usefulness of this theory for the conceptual foundations for the foreign economic sphere development formulation is that the emphasis has to be placed on stimulating labour productivity in export industries, together with the attention that must be given to the industries producing elastic goods on demand, which will generally contribute to economy growth as a whole.

Understanding and shaping the processes of the foreign economic sphere development of the national economy involves the outline of the important for the theory points of growth poles by François Perroux [8], according to which the basic principle of economic life is inequality, which leads to the existence of dominant and subordinate economic units, deformation of economic spaces. One of the types of deformation is the polarization of space around the leading branch (the "growth pole"), the enterprises entering this polarized space feel its positive (promotes development) or burdening (impedes development) influence. This thesis is directly related to the foreign economic sphere, when the deformation of the economic space around the dominant unit (a large export-oriented enterprise or the whole complex) leads to a change in the form and content of relations between economic units. The authors agree with François Perroux’s assumptions that balanced growth is almost impossible; growth policy has to be implemented as a selective structural policy.

However, this approach, despite its explicit practicality, does not take into account the whole set of tasks of economic development of the foreign economic sphere of the national economy. Their understanding is also linked to the nature of the economic growth process itself, which is of paramount importance to the underlying factors of the world markets and the global economy as a whole.

The importance of these aspects, in particular, is considered in the neoclassical theory of growth and interregional trade, which has to take into account the effect of free market laws, the efficiency of foreign trade and open economy, the impact of increased competition in world markets on the performance of national economic entities and the national economy. That is why it is necessary to strike a balance on interventions in the economy, increase the effectiveness of government action and other measures aimed at improving productivity and reducing costs in all areas of economic activity.

The provisions of the theories of the product cycle, according to which development is a continuous process of creating new products, are an important component for the conceptual foundations formation for the foreign economic sphere of the national economy development [9]. The main driving force behind economic development is an innovative process that spreads through the production of new products and stimulates economic development. However, the nature of its development may be different, which allows distinguishing two variants of its application. This is a direct support of specific enterprises capable of creating new products and indirect – to innovative companies through the infrastructure development financing. For the foreign economic sphere of the national economy, in this case, it becomes important to formulate a strategy for the relevant infrastructure development, which will to the uttermost ensure the activation of innovative processes.

Given that foreign economic activity is carried out to a greater extent by particular enterprises and entrepreneurs, it is advisable to analyze the theoretical approaches formed within entrepreneurship theories. For instance, Joseph Aloïs Schumpeter [10] connects the meaning of



economic development to the increased flexibility and diversity of economic activity forms when changes occurring in individual firms and industries generally contribute to the economic development of the national economy, its mobility and diversification.

Adaptation of this approach to the development needs of the foreign economic sphere of the national economy is to create and support a favourable business environment and take into account the role of individual entrepreneurs in the economic development processes.

Disclosure of the essence of the foreign economic sphere development of the national economy provides attention to industrial production and its peculiarities related to international competition. From these perspectives, one has to agree with the findings of the representatives of flexible production theories, who consider development not only as quantitative growth, but as a qualitative change in the structure of industry and competitive advantages, focusing on the study of the impact of flexible production on labour relations, wages, and market power relations between large and small firms, moving from cost minimization and price competition to competition based on innovation, product differentiation and marketing focused on particular market niches [11].

Generalization of the analyzed theoretical provisions allows determining that the foreign economic sphere development of the national economy has to cover all components of this complex system, which within each national economy has its structural, functional and spatial configuration. The process of its development implies not only quantitative growth but also qualitative change in the structure of this system. That is why it is advisable to use the systemic-structural development of the foreign economic sphere of the national economy, which is proposed to be considered as a purposeful dynamic process of foreign economic relations formation, indicative programming of structural changes in foreign economic activity and its spatial distribution. The main components of the system-structural development of the foreign economic sphere of the national economy are shown in fig. 1.

Figure 1. Components of systemic-structural development of foreign economic sphere of national economy.

Instruments of systemic-structural influence

System-structural characteristics of objects

System-structural

technologies of

development

System-structural

approach to the development

state assessment

System-structural

assessment of international

competitiveness

Principles and functions of

system-structural

development

Ways and methods for stimulating development

Substantive characteristics of system-structural development

Objects of development: branches, regions, separate enterprises

Focused impact (national and regional programs)

Purpose and directions of foreign economic sphere development

Results and prospects of system-structural development

Components of system-structural

development



System-structural approach to the foreign economic sphere development of the national economy includes numerical relations of the development process. The stages of problem solving are considered jointly, in conjunction and in dialectical unity. It is possible to go to any stage, including the return to goal setting. The nature and dynamics of the foreign economic sphere development of the national economy influences the economic development as a whole.

Conclusions Defining the conceptual foundations for the external economic sphere development of the

national economy is not enough to determine its systemic quality; it has to be supplemented by the idea of changing the types of systemic integrity as the system develops. In such complex systems as the foreign economic sphere of the national economy, there is a new understanding of the development processes as processes of the national economy interaction with the world, processes of interaction of national industries and sectors of the economy with the relevant segments of the world market, processes of interaction of national economic entities with the relevant entities from other countries. In addition, it has to be taken into consideration that these are processes of constant exchange of goods, capital, labour, information, technologies with the external environment, when the system is reproduced in variable interactions.

References 1. X. Wang, and R. Hofe. Research Methods in Urban and Regional Planning. Berlin, Heidelberg,

Springer: 2007. 430 . Chapter 4. Understanding Your Regional Economy – The Economic Base Theory. P. 134–217.

2. L. J. Gibson, and M. A. Worden. Estimating the Economic Base Multiplier: A Test of Alternative Procedures. Economic Geography, vol. 57: pp. 146–159. 1981.

3. M. Altman. “Staple theory and export-led growth: Constructing differential growth”, Australian Economic History Review, vol. 43, no. 3, pp. 230–250. 2003.

4. M. Altman. “How much economic freedom is necessary for economic growth? Theory and evidence”, Economics Bulletin, AccessEcon, vol. 15(2), pp. 1–20. 2008.

5. . Clark. The Conditions of Economic Progress. London: Macmillan and co., limited, 504 p. 1940. 6. E. Prushkivska. Quantitative and qualitative characteristics of the sectoral structure in the

context of economic development. Bulletin of the Kyiv National Taras Shevchenko University, vol. 6 (147). P. 82–87. 2013.

7. I.M. Novac. Structural Changes in the Employment of the Population of Ukraine. Demography and social economics. Vol. 3(25), P. 185–198. 2015.

8. F. Perroux. Note on the Concept of Growth Poles. In: McKee, D., Dean, R. and Leahy, W., Eds., Regional Economics: Theory and Practice. The Free Press, New York, P. 93–104. 1970.

9. R. Vernon International Investment and International Trade in the Product Cycle. Quarterly Journal of Economics, vol. 5. P. 22–26. 1966.

10. J. A. Schumpeter. The theory of economic development. Research on profits, capital, credit, interest and economic cycle. Kyiv: Kyiv-Mohyla Academy, 244 p. 2011.

11. F. Webster. Theories of the Information Society. Moscow: Aspect Press, 400 p. 2004.

Education European Science


HUMANITARIZATION OF EDUCATION AS ONE OF THE PRIORITY PRINCIPLES IN THE FORMATION OF THE EDUCATIONAL CONTENT

Maria Telovata DrSc., Professor, Honored Worker of Education of Ukraine,

Head of the Department of Accounting and Taxation, National Academy of Statistics,

Accounting and Audit, Kyiv, Ukraine

Mykhailo Tkachenko PhD., State Educational Institution

«Odessa Higher Professional School of Trade and Food Technologies»,

Odesa, Ukraine

Abstract. The article deals with the position of psychology, pedagogy, cultural studies scholars definition of modern humanistic perspective in the aspect of the education and training of the future professionals. It focuses on the importance of valuable humanistic pedagogical interaction between the teacher and the student. Keywords: humanities; modern pedagogy; pedagogical humanism; communicative competence; knowledge; education.

Introduction An important aspect of the humanization of education is the humanitarization of education, which comes from the word “humanitarian”; it is a system of measures aimed at prioritizing the development of general cultural components in the content of education and the formation of personal learners maturity. Humanization of education is inseparable from the deep humanitarization of its content, which is provided by the appeal of educational institutions to national and world culture, spiritual values, building education on the basis of historicism – not as a sum of the results of today's knowledge, but as a continuous historical process of knowledge development.

Modern people (regardless of chosen profession) need a humanistic upbringing, and first of all it is provided with a humanistic education. The educational humanitarization is becoming a priority principle in the formation of the educational content. The essence of humanistic knowledge is that it is based on the human being as both a subject, an object and an aim in itself. The purpose of this knowledge is to be a reliable foundation of modern human wisdom, based on the synthesis of the achievements of philosophy, psychology, political science, economics, cultural studies, history and other sciences.


European Science Education

The humanistic knowledge directly influences the formation of people's spirituality, their vision and value orientations, its wider potential is used in the development and implementation of political, economic, social and other programs. On the basis of the humanistic knowledge humanitarian technologies are developed. They are considered as the systematization, co-organization and ordering of components of purposeful collective people activity in space and time. The humanistic knowledge acts as a mediator between the cultural achievements of the past, the present, and the attempts of social designing the future, mutually reconciling them at the level of a reflective attitude to the possibility of constructive dialogue in time. In the Internet Era, modern telecommunications, extensive humanitarian training requires appropriate access for students, teachers and trainers, not only through traditional textbooks and manuals, but also through the latest and widely available computer technologies.

Analysis of recent research and

publications has shown that the problem of the humanistic education has been studied in various aspects, so domestic scientists, namely: Sh. Amonashvili, V. Belh, I. Bekh, V. Bobrytska, I. Ziaziun, V. Evdokymov, Ya. Korchak, V. Kremin, M. Levochko, E. Luzik, I. Malik, O. Padalka, I. Prokopenko, V. Sukhomlynskyi, point out that engaging students to study courses in philosophical direction is especially important for future humanities professionals: «What is a human?» is a central question for them as it is for the philosophers. The human in the historical and cultural space, human as the creator and as the creation of culture, the destiny of human and the strategy of human freedom, human alienation in the modern world, the civilizational foundations of humanity, human before the challenges of today – here is an incomplete list of those issues that concern everyone [4, with. 1–5].

The purpose of this article is to review the existing theoretical approaches to defining the educational humanization and to identify the main principles of the formation of the educational content.

Outline of the main research. An important aspect of the educational humanization is the humanitarization of education, which comes from the word

«humanitarian», a system of measures aimed at prioritizing the development of general cultural components in the educational content and the formation of personal maturity of teachers. An important factor in the professional and social formation of future professionals as the professionals of the professional type «person-person» is the humanitarization of education, as one of the priority principles in the formation of the educational content.

The humanitarian component is a view of the world, it is the value orientations and moral personal principles, that achieve the professional maturity and competency.

Speaking of the humanitarization of vocational education, we must bear in mind that vocational education in the 21st century has to take into account the new professional relationships of future professionals with the environment, society, human, because the professional activity must be humanistic. The only way to change the professional views in any industry is the humanitarization of education. It should be noted that in the formation of the new type specialists, humanitarian training relates to the essence of their creative activity in technical, social, environmental and economic spheres. So far in Ukraine there is a sharp division and even confrontation of humanitarian and economic spheres of activity, thinking and education. Ukrainian educational system is divided into two weak interacting parts: humanities and economics. This is a pressing problem of Ukrainian education, which still cannot be properly addressed, making the activity of the economist hardly enveloped in the humanistic spirit of creativity. We are convinced that in the XXI century nevertheless there will be a convergence of economic and humanitarian activities, their new relations with the environment, society, human will be established [8, p. 56–60].

The need for humanization and humanitarization of education is being monitored by Ukrainian scientists [10, p. 20–23; 1, p. 230–231] in the UNESCO's main areas of study: to learn to know, to develop skills and to acquire knowledge throughout life; learning to act, ie to acquire and improve practical skills in all areas of life; learning to live together, successfully collaborate and interact with different people based on knowledge and respect for their history, traditions and spiritual values; learning to be,



which implies the development of a sense of independence and, at the same time, personal responsibility for the fate of the world.

According to V. Bekh and I. Malik, in the world and in Ukraine today the several paradigms of pedagogical reality are considered and extended into the future, namely: cognitive and informative (learning), cultural, person-oriented, competent, axiological, etc. [1].

The educational philosophy based on the recognition of human personality as a fundamental value, relies on the domination of the humanitarian paradigm. «Personality as an ensemble of the social relations introduces the most important group consensus, which are the meanings, the profession of which is important for the successful development of the whole community» [9, p. 7].

According to the humanitarian paradigm (I. Kolesnykov), knowledge is a semantic, value enterprise; approved subject-subject relations; there is no monopoly on truth and the principle «how many subjects – so many truths» is realized; dialogue becomes the basis of communication and the leading method of the research, ensuring the value and semantic equality of the teacher and the child.

V. Kremen points out that the transition from industrial production to scientific information, which changes virtually all of life and activity aspects of society in general and the individual in particular, produces new priorities, first of all, those that will be involved in human development. The place of a nation in a globalized world will depend on the extent to which its citizens are aware of their national interests in a broad sense, encompassing the economy, politics, the spiritual sphere, etc., how well the country can successfully represent, defend its national interests in competition with other states. In this context, national cohesion, patriotic upbringing become significant not only from the humanitarian point of view, but also from the point of view of the individual's sense of personality, belonging to the nation and the state [7, p. 9–10].

As an integral part of life-long learning, it plays an important role as an effective tool of the formation of the peace culture, ensuring sustainable development in a healthy environment, social agreement and inter-national cooperation [4, p. 23].

The problem of education and training should be viewed from the standpoint of quality of the labour force as a key condition for the human resources development. The transition to the market economy clearly defines the main task of all subjects of educational policy and educational process, which is to take into account the current socio and economic realities of the labor market, to transform them into specific educational programs for the specialists training. The definition of «market» and «labor market» must be «humanized», because a human is the source and driving force of all processes in the labor market. The labor market is created by people, improved and developed by them, so it is advisable to consider the definition of «labor market» in close connection with a person, her creative potential, upbringing and training, labor activity, continuous life-long education [7, p. 104–107]. In this context we see not only an orientation to the humanization and humanitarization of education, but also a delineation of the main determinants of its implementation.

In accordance with the modern scientific approaches the training of professionals (workers), must be combined with the formation of a holistic high-spirited cultural personality, and therefore the subjects of the social and humanitarian cycle should be involved actively in order the formation of the humanistic social and professional life stance in the future specialist personality. According to G. Vasyanovych the humanitarian education should be considered as an important component of our spiritual culture [2, p. 21–27].

The main tasks of education, training, upbringing and development of a student's identity, mastering them with relevant knowledge, skills, attitudes and behavioral qualities are ensured in the interaction process between teachers and students. Therefore, the decisive factor in the effective organization of the pedagogical process in all educational institutions was and remains pedagogical interaction. The leading idea of pedagogical interaction is the interaction of personal and professional development of the educational subjects.

In psychology, interaction is seen as a process of mutual influence of objects, which generates their interdependence, and is a factor of social integration, social structuring, effective group activity. Such qualities and skills as


European Science Education

competence, benevolence, energy, purposefulness, enthusiasm, ability to control oneself, using of different communication ways help to increase personal influence. These, of course, include those moral norms and rules that have been mastered by the person: honesty, justice, kindness, sincerity, etc. (it is a human morality issue) [4, p. 83–84].

Taking into account the position of G. Vasyanovych as the specialist in the pedagogical ethics, according to which moral principles are also elements of a regulatory function, we characterize those that are decisive in the aspect of the humanitarian dimension of pedagogical interaction in our view. Thus, according to the principle of pedagogical humanism, the essence of which is the love for the child, the respect of the children rights and freedoms is assumed, and this is not only about the recognition of the child «external freedom» and its right, but, above all, the understanding of the inner self, the self-liberty of human, its spiritual and moral freedom [3].

The leading feature of the optimism concept is the statement that optimism eliminates the maleveolence, suspicion, anger in the relationship between teacher and student, creates a lively joyful atmosphere of communication and understanding, gives rise to a feeling of happiness. The natural source of teacher optimism is humor, which helps to create an atmosphere of spiritual comfort for students, encourages children to educate, inspires them to be well, bright, uplifted.

Considering the collectivism concept, we emphasize the position that true collectivism does not deny the importance of self-development, self-determination of the person, but contributes to the development of his individual uniqueness, plays a protective role in the child interests and aspirations.

The humanistic aspect of pedagogical interaction is also traced to the concept of personalization, which was substantiated by S. Khrebina. In her opinion, the principle of personalization of pedagogical interaction requires the abandonment of role masks, adequate inclusion in this process of personal experience (feelings, values, emotions, actions and acts corresponding to them and introduction into the educational practice of the units of unconditional acceptance of the child and student personality, emphatic relation and open communication.

Summarizing and highlighting the most characteristic features of prognostic views on the education of scientists, politicians, economists, educators, public figures, leaders of international organizations from all over the world, N. Nychkalo notes that education is the most effective, promising way, and at the same time the guarantee of the human progress. In her opinion education is the most important factor in the progress of highly developed civilized states, the formation of high spirituality, intelligence, culture, a sense of social responsibility for the results of the implementation of scientific and technical ideas, new technologies, for everything that each generation leaves the descendants [8, p.6].

Transformational processes in the education of Ukraine stimulated researches in the direction of value approaches too.

We see the personal and active paradigm of education productive to the value direction of development of the subjects of the pedagogical process. The personal and active approach considers each personality as a value, as a subject of activity and own development, and therefore determines the need for its self-development and self-organization; subject-subject relations as the values form the basis of interaction, involve the activity of each participant (A. Boiko); the teacher should see the unique personality in each subject and create a condition for its self-realization, expression and development of creative opportunities in order to form in it the relation to itself and to other people as the highest value (I. Ziaziun).

As pointed out by R. Hurevych in the context of the cultural and historical development, education has a personal value. The scientist notes that «... both the personal value of education and functions in society, of course, have a cultural and historical character and require constant research and reflection to align the educational system, especially at the crucial stages of the society development» [5, p. 21].

The future professionals (workers) should already be prepared within the walls of the educational institution to initiate and carry out their own practical activity by searching for a better place of work, ways of professional growth, improvement of interpersonal contacts, active interaction in the labor market with other subjects. We consider axiological approach to be one of the priorities in pedagogical interaction, because it involves



the isolation of students of professionally important and personal qualities that will ensure their competitiveness in the labor market, the formation of a system of values that determine the main orientations of behavior, activity, determination, focus intelligence. This will be possible provided that each participant of the pedagogical interaction acts as an person, as a subject and not an object of influence. The key to understanding values is to answer the question: what, why, by what criteria is it oriented?

Exploring the didactic foundations of the formation of the educational content, along with the principles of humanization, humani-

tarization, fundamentalization, individuali-zation, aesthetization, cultural conformity substantiates the principle of value orien-tations of the person in the decorative and applied art. In the comprehending this principle of value orientations, we rely on the study of V. Frankl, who defines values as «the semantic universals that have been crystallized as a result of the generalization of different situations that humanity has encountered in history», and identifies three groups of values that make life meaningful: the creative values, the values of the experience, the values of the relationships.

Conclusions Basedon the the above-mentioned material we prove that each student becomes a subject of

value relations on condition that he/she is interested and creatively mastered the artistic profession. The value relations are characterized by the emotional and rational spheres of conscience, and the value approach is of particular importance in the content of humanitarian subjects.

We have found that the priority of the humanitarian value dimension is evident in politics, science, economics, culture and education today. Therefore, education should help humanity learn to live together, to acquire knowledge, to work, to live. These fundamental principles, formulated by the UNESCO International Commission in the «Education for the 21st Century» report attest to the stakes on the person, her/his activity, independence, ability to assess, which is combined with the strengthening of personal responsibility.

Taking into account all the facts cited above as well as based on humanitarian approaches, we found that the cultural creative function of the formation of the humanistic ideas about human and society, his relationship with nature and responsibility to it among young people would be returned to the humanitarization.

References 1. Bekh V., Malik I. Technocratism in the discourse of higher school problems: monograph.

Endorsed by V. Bekh. Kyiv, Publishing house of M. P. Drahomanov NPU, 2009, 263 p. 2. Vasyanovych H. Humanitarian education as a component of the training of workers in Ukraine.

Pedagogy and psychology of vocational education, Vol.3, 2009, pp. 21–29. 3. Vasyanovych H. Selected works: In 5 volumes. Pedagogical ethics: textbook. Lviv: Spolom, Vol.

3, 2010, 420 p. 4. Huberskyi L. The humanitarian education space: current dimensions and priorities. Philosophical

problems of the humanities, Vol. 4, 2005, pp. 1–5. 5. Dehtyariova H. Theoretical and methodological bases of development of communicative

competence of future specialists in the service sector. Kyiv, Pedagogical Thought, 2010, 192 p. 6. Ziazun I. The crisis of values is a catastrophe for society and the state. Adult education: theory,

experience, perspectives: collection of scientific works, Kyiv, Nizhyn: Publisher PP Lysenko M. M., Vol. 2, 2010, pp. 7–19.

7. Kremen V. Development of Ukrainian education in the context of general civilizational changes. Pedagogy and psychology of vocational education, Vol. 4, 2005. pp. 9–16.

8. Levochko M. Innovative technologies of education and upbringing in higher school. Proceedings of the IV Scientific and Methodological Conference of PEC NAU, Kyiv, Published by «Phoenix», 2005, pp. 56 –60.

9. Otych O. Professional Adaptation of the Young Teacher in the Conditions of Changing the Value Educational Paradigm. Pedagogy and Psychology of Professional Education, Vol. 1–2, 2010, pp. 9–14.

10. Chmut T. Ethics of Business Communication. Kyiv, Knowledge, Vol. 6, 2007, 230 p.


European Science Law

SCIENTIFIC IDEAS, LEGAL PROGRESS AND SCIENTIFIC LEGAL DOCTRINE: SEARCHING FOR THE OPTIMAL POWER MODEL

IN THE MODERN STATE

Vasyl Kostytsky DrSc., Professor,

Professor of the Krakow Pedagogical University named after the National Education Commission,

Krakow, Poland

Abstract. Today, scientists continue the debate on the crisis of lawfulness, raise questions about the rethinking of the place and role of law and the state in society, about manifestations of statism even in democratic liberal states, so the question arises not only about legal progress, but about clarifying the social value of law as an integral part of the legal progress. Keywords: law, modern state, legal system, principle of the separation of powers, social values, rights, legal sciences, legal doctrine.

Introduction Then what should we define as a progress: only progressive development or development for the

better, as well as the manifestations and components of legal progress are submitted in the modern period? Legal progress is reflected in the development of spiritual culture and law as a component of spiritual culture and social value. We are the witnesses of the axiological accumulation - value accumulation, axiological accumulation in the law.

Legal progress should be measured by the approximation of law to the ideal, the legal ideal. Even Ulpian said long ago that law is a measure of good and justice, and prof. Volodymyr Solovyov argued that law was a measure of balancing the common good and personal interest. It is probably legal ideal lies in this formula as an accumulated expression of the value of law. Objectively, the development of law as a social phenomenon, the development of the law system, the development of legal science occurs under this slogan precisely.

Research results. We can talk about legal

progress when it comes to the enhancing the effectiveness of the realization of the law and full realization of human rights and freedoms, which is a manifestation of both legal progress and the legal value. Measures of the legal value and manifestations of legal progress should be considered the improvement of legal technique, improvement of democratization of legislative process, the increasing of science role in the development of legal system.

The most striking manifestation of legal progress is what Eugene Ehrlich called the right of lawyers in his time, bearing in mind that the state does not have a monopoly right to create a law, but only to create the regulations, under which (state law) Yevgen

Ehrlich singled out the definitions of the judicial law and the law of lawyers [1]. However, Eugene Ehrlich considered the right of lawyers as the creativity of the same judges, if they are reasonable and moral. I think that Eugene Ehrlich was afraid to go further and say that the right of lawyers took place in Ancient Rome and the right of lawyers is flourishing now, and the right of lawyers is the result of law-making by scholars [1, p.3-5]. We mean an illustration of the progress of legal science, which becomes a law-making force: from scientific idea to concept, and further to the transformation of concept into scientific doctrine due to its universal recognition and theoretical and methodological basis.

Law European Science


In the context of the intended objective, we will focus on the principle of power-sharing as one of the fundamental principle of law and modern lawfulness, as well as the criteria of the state's classification as legal. The idea of the power-sharing developed in parallel with the idea of the rule-of-law state as one of its conditions, along with other features, such as the guarantee of rights and freedoms of the individual, real equality, the rule of law, justice of the law, the responsibility of the state to human etc.

The content of these principles is to ensure the power-sharing in order to prevent the concentration of power in the hands of one person or group (clan, class) of people. The history of the scientific searching for a solution to this problem [3; 4] goes back a little to the traditionally cited sources by L. Montesquieu or, at best, by D. Locke.

In thet context going over the ancient Greek historian Polybius wrote: power in ancient Rome is divided in such a way that none of the branches of government outweighs the other [7, p. 378]. In Plato, the state is called just when out of the three states in it (rulers, warriors, and artisans) each does his or her own work. [4, p. 25] The idea of the power-sharing functions is found in the works of such figures: Tommaso Campanella, and Jean Boden and Hugo Grotius, both Benedict Spinoza and Gerard Winstenley.

Of course, John Locke first formulated the theoretical basis for the power-sharing into legislative (legislature), executive and judicial brunches. Accordingly, legislature has «the right to indicate how the power of the state should be used to preserve society and its members». In order to ensure «continuous enforcement and monitoring of this execution», it is necessary that there was the power that oversees the enforcement of those laws that are created and remain in force. Third branch is a People's or Federal Responsible the power that is inherently possessed by every person before he or she enters the society. «Here, John Locke justifies the legislature, the subordination of the executive to the legislative. Despite the commitment to the idea of popular sovereignty and the right of the people for the usage of force against unjust and unlawful power, John Locke does not yet refer to the people as the sole source of power, so he argues for the inappropriateness of the

distribution and the transfer into the hands of various people of executive and federal (people) power. Obviously, this is due to the attempts of advanced thinkers of that times to substantiate the need to restrict royal power [4, p. 202-203] in the legislative and executive spheres theoretically, inter alia by the creation of the parliament and the system of executive bodies that would invite people relating to the professional feature.

The brilliant French scientist of Swiss descent, Charles Montesquieu, has only formulated this idea into a concept, into the theory. Even after this concept became universally accepted, it developed into a doctrine and subsequently, like any other scientific legal doctrine, began to play a regulatory role, regardless of whether some states, such as Poland or Ukraine, constituted this idea (under the Article 6 of the Constitution of Ukraine or the Article 10 of the Constitution of Poland the power is exercised on the basis of division into legislative, executive and judicial). Even though this scientific legal doctrine may not be constituted in some countries, it has become a rule and a legal prescription, because it is practised in the legislative work, practical legal policy and science.

Therefore, we can say that the most striking manifestation of legal progress and the social value of law is the development of legal science, which is most clearly manifested in the growth of scientific ideas to scientific doctrine, which becomes either a source of lawmaking, or the object of universal recognition and application.

Discussion of research results. Legal doctrine is considered in the legal science as a philosophical and legal study, identified with the scientific and theoretical work of outstanding scientists, interpreted as an additional means of clarifying the text of legal rules in the process of interpreting law, which gave rise to the term «doctrinal law interpretation». Sometimes the legal doctrine is understood as the expert opinion of scientists and professionals used by the court in the examination of the case and decision-making, as it was in Ancient Rome. In the past century, the reference to the legal doctrine of generalizations of jurisprudence by higher courts in the countries of continental law, including Ukraine, has become widespread. That is, the scientific legal doctrine is given a largely serving role in the



legal system, the practice of the law application. Eventually, legal doctrine was called the source of law, identifying it with legal science as a system of fundamental views of jurists that determine the prospects of legal development of the state. In this case, legal doctrine means a source of law that defines the features and mechanism of law [8], referring to it as legal ideas, concepts and theories.

It should be noted here that neither idea nor theory nor concept can be regarded as the legal doctrine. Scientific legal doctrine in its development goes from scientific idea to scientific concept, further - scientific theory, which can become a scientific legal doctrine. Grounds for calling a theory a legal doctrine appear when such a theory is generally accepted, turn into a governor of social relations, performing a normative function. We can illustrate such a process of the formation of scientific legal doctrine by the example of such scientific ideas as the idea of the rule of law, the power-sharing, the rule-of-law state.

Thus, already the idea of the rule-of-law state as the embodiment of the power justice appears in the works of Hesiod. The rule of law, power justice in the life of the Polis (the city-State) is considered by the ancient thinkers like an important condition of social order, a reflection of the cosmic order under which human laws derive their power from the Divine origin, in Democritus state and power is a «common cause» of all members of society[2]. In the following we find the ideas of the rule-of-law in the works of scholars from the Platonic school: the state is a community of people strong enough for prosperity; the legitimacy of many people, constructed in the accordance with the idea of goodness and justice [3, pp. 117-118; 4, p. 35]. According the Aristotle this state meets the requirements of justice and the common good [5], according the Jean-Jacques Rousseau it is guided by the Public Treaty to establish the common good [4, p. 223], according the Thomas Jefferson it provides equal personal and property rights and their disposal [4, p. 401], and according the G. Hegel this state becomes the reality of a moral idea [6].

Legal progress is also reflected in the peculiarities of the development and establishment of the liberal idea in law, legal practice, and modeling of the state. Now we

often see a negative attitude towards the ideas of liberalism, the accusation of extreme liberalism and the attempts of the states to shy away from some of their fulfilling functions in the growth of global problems and the crisis of opportunities of the liberal state, the claim that liberalism did not justify itself, because challenges such as the spread of terrorism, religious wars, environmental risks, lead to an objective increase in the needs, not just of increasing the importance of the state in society, and the need to strengthen state functions, which in our view is a manifestation of the philosophical law of the struggle and the unity of opposites in the political and legal sphere. Let us take the liberty of claiming that the idea of liberalism does not exhaust itself; on the contrary, such liberal ideas as the power-sharing, the primacy of human rights and freedoms in the activity of the state, remain the dimensions of the civilization of the state and the ability of the right to be an instrument of democratic development, legal progress and a factor of social values accumulation.

Let us turn our attention to another liberal legal idea. The emergence of such a concept as the rule-of-law state, that is, a state that is limited by law, which in the person of public authorities, as well as the local self-government bodies do only what is defined by law against the background of the absence of such a restriction on a person who can do anything that is not forbidden by law is also an indicator of today's prosperity of the liberal idea.

We can also say that such liberalism in the realization of the Institute of Human Rights and Freedoms has caused a new phenomenon that has become a hallmark of the modern life. We mean abuse of the right, which is the attribute, the indicator of the liberal idea prosperity in the realization of human rights and freedoms. And this abuse of the right takes place both at the national level, in the activities of both the authorities, officials, members of parliaments and the citizens. For example, there are many undergraduate students who have to study because the state spends resources (teachers, electricity, room maintenance). The state is interested in the basic knowledge that can be gained if you systematically attend lectures and seminars. On the other hand, a person has the right to work even in the conditions of fierce competition for prestigious places of work



students and doctoral students (postgraduate and master's degree in Ukraine) are forced somewhere to get a job in advance, for low-paying positions, so that at the moment of receiving a diploma not only a job but also a chance to make a quick career. That is, they abuse their right to work. There is the struggle between two tendencies. One tendency is related to the necessity of strengthening the functions of the state, and the second tendency is related to the fact that the liberal idea as an human-based expression in law needs further research.

And more about the state, or the dispute, more importantly: the chicken or the egg. For the lawyers who abandoned the ideas of the Soviet doctrine, it is obvious: the state is derived from the law and the law is a means of the nation-building. That is, the law is the instrument of the state creation. Therefore, if we are talking about the legal progress, signs of which were the democratization and human-baced tendency, then it is obvious that the state must also be democratic and human-based. Unfortunately, this institution does not yet justify such a grand definition – not every state can be the bearer of the legal progress. This is obviously due to many reasons, such as the same theoretical and methodological backlog of many legal advances in the law development. As an example, we’ll consider the constitutional process in Ukraine, which is characterized by attempts every time to change the government to carry out reforms, to amend the Constitution. Such reform proposals are based on the certain ideas: there are the idea of decentralization; the idea of ensuring

justice by reviewing the processes of judiciary formation, but does not determine the theoretical and methodological basis of such constitutional reform.

Now, back to the question of the importance of law in the nation-building. We contend that Montesquieu is brilliant, but the 280 years that have passed since his theory of the power-sharing has been promulgated - it's been a very long time. Therefore, today the author of this article proposes his state model, based on the grass-root democracy [9], recognition of the people not only as a bearer of the sovereignty, the source of power, but also as the subject of power, the formation of a three-level power model based on the recognition of the people as a subject of power, the existence of representative power of the people, as well as the third level of power - functional power.

We must note that we cannot continue to live in the bosom of Marxist-Leninist post-Soviet ideas about a state that emerges from the primitive communal system and undergoes a slave-owning, feudal, bourgeois and socialist stage. We turn to Keynes and argue that the historical types of states were pre-industrial, industrial and post-industrial state. And what replaces the post-industrial state? As a theoretical and methodological justification for what state model to do now, when there is no socialism or capitalism, but there is a new world order, in which it is necessary to combine elements of statism with the strengthening of the state functions and the need to maintain liberal doctrine and primacy of human rights and freedoms [10].

Conclusions It seemed that the rule-of-law state would be the answer to this issue. Yes, this idea has passed

through the long-term development in the modern science and political and legal practice of European countries. However, today the combination of the two tendencies - on the one hand, the strengthening of the state function, and on the other hand, the preservation of the achievements, values and assets of the liberal model is possible provided that a new state model is recognized - the social rule-of-law state. Then the Article 1 of the Constitution of Poland in the definition of the state must be supplemented with the word «social», and Poland will be called a social rule-of-law state. In Ukraine, the solution of this issue is possible by the removing a comma, which incidentally was put with the author's participation in Article 1 of the draft of Constitution of Ukraine, which states that Ukraine is a social (comma), rule-of-law state. So already among the scientists there were ideas that it is possible to replace the post-industrial state with a state not of general prosperity, because to speak about prosperity in the conditions in which the modern world is.

This will be the recognition that the law is a factor of progress and fixed value, as well as an illustration of legal progress, which finds its way in the development of legal science - from the scientific idea to the scientific doctrine as a governor of social relations.



This approach involves clarifying the essence of the law. Law is a social phenomenon, an indispensable attribute of modern social life, a universal governor of social relations, a fixed social value, an inheritance of the spiritual culture that has embraced the attainment of political and legal thought and the socio and economic development of our civilization. At the core of the law development is the Moral Imperative that modern civilization preserves in the Holy Books - Christians in the Bible in the form of the Ten Commandments, Jews - in 627 rules in the Torah, Muslims - in 72 Quranic rules. Around the Moral Imperative, humanity in each country develops national law through the system of state law (normative legal acts), judicial precedent, corporate law (statutes and norms of internal coexistence of public organizations, political parties, clubs and other subjects of pluralistic democracy as institutions of civil society), as well as scientific legal doctrines.

References 1. Kostytsky V., Koban O. The Sociology of Law: Eugene Ehrlich Scientific and Theoretical Legacy

and the Modern Scientific Issues: [Text]: Monograph, 2015, yiv, 228 p. 2. Materialists of Ancient Greece. Moscow, 1955, pp. 39–52, 152-168. 3. Tatarkevich V. History of Philosophy, Ancient and Medieval Philosophy / Translated from Polish

by A. Scrabbiuk, Vol.1, Lviv, Svichado, 1997, pp. 117–118. 4. History of Political and Legal Studies: Course for Law Universities and Faculties / endorsed by

G .Demidenko, Kharkov, Fact, 1999, p.35. 5. Aristotle. Essay: In 4 vol. / Translated from ancient Greek and endorsed by A. Dovatura,

Moscow, Mysl, 1983, pp. 378-380. 6. Georg Wilhelm Friedrich Hegel. Philosophy of Law. Moscow, Mysl, 1990, p. 279. 7. General theory of state and law. Academic course in 2 volumes. Vol. 1, State theory / Endorsed

by M. Marchenko. Moscow, Zertsalo, 1998, p. 378. 8. Karmalita M. Legal doctrine - the law source (form). Thesis for a PhD in Law, Kyiv, 2011, 21 p. 9. Kostytsky V. People power: seven functional branches of power (the renaissance issue in the

law theory). Vol. 1-2. Small and Medium Business, 2010,pp. 4–15. 10. Kostytsky V. On the Modern State Issue. Sociology of Law, Vol. 4 (19), 2016, pp. 3–14.



REGULATION OF CRIMINAL LIABILITY FOR NON-ENFORCEMENT OF A JUDICIAL ACT UNDER THE LEGISLATION

OF THE EUROPEAN UNION COUNTRIES

Volodymyr Nalutsyshyn PhD., Associate Professor of Criminal Law

and Process Department, Khmelnytskyi University of Management and Law Named after Leonid Yuzkov,

Khmelnytskyi, Ukraine

Abstract. The article analyzes the current state of consolidation of criminal liability for failure to comply with a court order under the legislation of several EU countries. Separate provisions that are worthy of implementation in national legislation are identified. In particular, this concerns the specification in the disposition of Art. 382 of the Criminal Code of Ukraine on the ways of committing a non-enforcement of a judicial act. Keywords: judicial act, EU countries, non-enforcement, criminal responsibility.

Introduction Enforcement of judgments is one of the main criteria by which citizens evaluate the capacity,

efficiency and integrity of the justice system. In turn, the lack of an effective mechanism to enforce judgments to protect the interests of citizens and the real restoration of their violated rights adversely affects the authority of the judiciary, since the ultimate goal of justice is not achieved.

The comparison of the laws of the European Union states, in terms of establishing liability for non-enforcement of the judgment, will reveal similar and different features in the criminal legislation of Ukraine and other states, evaluate the advantages and disadvantages of certain legislative decisions, as well as the mutual influence of the laws of individual states, and , most importantly, to identify positive experiences that should be implemented in the national legal system and outline legislative decisions that should be avoided.

State of the study. Problematic issues of

criminal liability for non-enforcement of the court decision have always been the subject of study of scientists, among which the special contribution was made by: M. Bazhanov, V. Bo-risov, V. Gatselyuk, V. Grishchuk, V. Navrotsky, V. Tyutyugin, V. Osadchiy, P. Fris, M. Khav-roniuk, M. Shepitko and others.

The aim of the article: is to investigate the rules governing criminal liability for failure to comply with a judicial act under the laws of the European Union.

Outline of the main research material. Attempting to comply with a court order is typical of EU law. However, the foreign legislator has succeeded differently approached formula-ting the rules governing criminal liability for non-compliance of a court act.

In particular, Art. 434-39, enshrined in Book 4, «On Crimes and Misdemeanors Against the Nation, State, and Public Peace»

Section III, «On Attacks on Government» Chapter IV, «On Attacks on the Judiciary» Section 3, «On Attacks on the Judiciary power» of the Criminal Code of France ensures criminal liability for unlawful acts related to the non-enforcement of a judgment for the publication of a conviction. The disposition of the article demands criminal liability for the act of destroying, concealing or tearing down, in whole or in part, the posters posted, in the case when the court decision provides for punishment of posting the indictment. Also in Book III, Section I, «On Misappropriation» Chapter IV, «On Misappropriation» Section 3, «On Artificial Insolvency» is fixed by Art. 314-7, which provides criminal liability for various acts in order to evade a sentence of property given by a court in criminal cases or a decision rendered by a court in civil cases for torts, quasi-torts or alimony [1].



For example, the Criminal Code of Italy, in Book II, «On individual crimes», Section III, «Crimes against the administration of justice» Section II, «Crimes against the judicial force of judgments», in Article 388, «Deliberate failure to comply with a judge's decision», establishes responsibility for non-enforcement of judgments. This crime has specific ways of committing it, namely: committing fraudulent or fraudulent acts on its property or the property of third parties; evasion of civil custody decisions against children or other persons with disabilities or involving security measures in respect of property, possession or monetary obligation; concealing, des-troying, wasting property subject to description, judicial arrest or arrest in the course of securing a claim; unlawful refusal, evasion or delay of execution of an administrative act; evasion of an official's request for an indication of a property or monetary liability to be described or a statement containing false data [2].

The provision for liability for non-enforcement of a court decision is also enshrined in the Criminal Code of the Czech Republic. For example, Section X, «Criminal Offenses against Public Order», Section 4, «Other Interference with Public Authorities» contains Art. 337 «Obstruction of justice and obstruction of sentence», which provides for criminal liability of a person who impedes or substantially impedes the enforcement of a decision of a court or other state body. The national legislator has determined that interference or substantial encumbrance with the enforcement of a court decision or other public authority may be done by: 1) pursuing an activity prohibited by such decision or activity for which the relevant license has been revoked; 2) leaving on the territory of the Czech Republic contrary to the sentence or decision on expulsion; 3) remain without permission and without serious cause in the place or district to which the stay sentence applies, or fails to comply with the restrictions imposed by the court in connection with the enforcement of this sentence; 4) attending measures for which there is a ban on visits established by a court order; 5) failure to comply with a sentence of imprisonment without good cause; 6) the implementation of serious actions aimed at impeding the execution or purpose of the sentence; 7) implementation of serious actions aimed at preventing the execution of the decision to

detain a person or to take him into custody; 8) take serious actions aimed at preventing the implementation of preventive measures ordered by the court or otherwise, especially by escaping from the institution or assisting with escape, which seriously complicates the implementation of such decisions or compli-cates the supervision intended for the termination of these measures. Paragraph 4 of this Article provides that it is the responsibility of the one who, after the ineffective use of measures in civil proceedings against him, to enforce a court decision or an agreement approved by a court for the education of minor children, including contact with children, impedes such decision or agreement, or anyone who takes serious action to interfere with the enforcement of another state authority's decision regarding the education of minor children. Unfortunately, the legislator does not indicate what is meant by «serious action» [3].

In the Criminal Code of Poland, Article 244, which is set out in Chapter XXX «Crimes against the administration of justice», provides for criminal liability for failure to comply with an injunction or failure to comply with an order of a court. The above-mentioned article provides the liability of the person who fails to comply with a court injunction with respect to: holding a position; performance of work; conducting activities; control of vehicles; going to gambling centers and participating in gambling; participation in mass events; the obligation to refrain from being in a designated environment or place; order to leave the place of residence with the victim; ban on contact with identified persons; prohibition of approaching certain persons and prohibition of leaving the place of residence without the consent of the court or not complying with the court's order to announce the decision in the manner provided therein [4].

Chapter XVI, Crimes against the Judiciary, of the Criminal Code of Hungary contains Section 288, Obstruction of Judicial Enforcement. According to this article, criminal offenses are actions that are in default of a statutory obligation in connection with enforcement proceedings, other obligations than those contained in a writ of execution [5].

Section IV «Obstruction of Justice» of the Criminal Code of Romania contains Article 287 «Non-enforcement of judgments» which establishes criminal liability for nonen-forcement of judgments. The national legis-



lator has predictedseveral ways of committing such a crime: 1) impeding the enforcement of a court decision by resisting the actions of the authorities responsible for such execution; 2) refusal of the body responsible for enforcement to comply with the court's decision by which it must perform certain actions; 3) refusal to support the authorities responsible for the execution of court rulings by persons obliged to do so by law; 4) failure to comply with a court order to reinstate an employee; 5) failure to comply with the court's decision on payment of salary within 15 days from the date when the request for execution was submitted to the employer by the interested party; 6) failure to comply with the court's order on the establishment, payment, indexation and adjustment of pensions, etc. [6].

Chapter XXIII «Criminal offenses against the administration of justice» of the Criminal Code of Latvia contains Article 296 «Failure to comply with court decisions and prosecutor's decisions». In this provision, the legislator provides several ways of committing such a crime. The first way is non-compliance, and the second is to delay the execution of these documents. Since the legislator did not indicate what these terms define, in our view, considering through the lens of national law, it can be argued that the objective side is expressed in the form of action, that is, both in action and inaction [7].

The Criminal Code of Estonia establishes criminal liability for the crime we are investigating in § 331-1 «Non-enforcement of a court decision» in Chapter 4, Crimes against the enforcement of a judgment, Chapter 18, Crimes against the administration of justice. Paragraph 331-1 of the CC of Estonia's failure to comply with a judgment provides for criminal liability for failure to comply with a judgment in a civil case requiring a person to surrender a child or thing, to commit an act that cannot be replaced, or to refrain from committing such an act if the person was fined or arrested in enforcement proceedings for committing such an act [8].

The Criminal Code of Slovenia contains a number of rules providing criminal liability for non-enforcement of a judgment, which are enshrined in Chapter 28, Criminal offenses against justice, of the Special Part. In particular, in Art. 289 «Obstruction to Return to Work» lays down criminal liability for failure to comply with a court decision to reinstate an

employee. In this case, it is a deliberate failure to comply with a final judgment that entitles the employee to return to his / her position. Article 290 «Violation of the prohibition on the pursuit of a professional activity» establishes the criminal liability of a person for failure to comply with a court decision to prohibit the pursuit of a certain activity by another person. That is, criminal liability is imposed on a person who allows another person to occupy a position, engage in an activity or perform a function, although he / she knows that this person has been banned by a final court decision [9].

Instead, the Criminal Code of Bulgaria in Art. 293a establishes the criminal liability on a person sentenced to pay a monetary obligation on the basis of a court decision, which has entered into force and fails to fulfill this obligation within one year after the decision to discharge the obligations to the creditor enters into force, despite the availability of funds. or property for that purpose. In addition, Article 296 provides for criminal liability of a person who interferes with the enforcement of a judgment or fails to comply with an order for protection against domestic violence. Such rules are set out in Chapter 8, Crimes Against the Activity of Government Bodies and Public Organizations, Section 3, Crimes Against Justice. [10].

For its part, the Criminal Code of Lithuania in Chapter XXXIV«Crimes Against Justice», enshrines Article 245, «Non-enforcement of a non-punitive court judgment». This rule does not specify the ways of committing this misconduct, so we believe that they are committed both through action and inaction [11].

Section 25 of the Qur'anic Benefits of the Criminal Code of Germany enshrines § 288 «Obstruction of Compulsory Enforcement Proceedings», which provides the criminal liability of a person for preventing the satisfaction of a creditor's claims by alienating part of his property or preventing him from being accessed in the course of enforcement proceedings [12].

The Criminal Code of Spain in Chapter XIX «Crimes against public authorities» in Chapter III «On disobedience and refusal to promote» contains Art. 410, which establishes criminal liability for the refusal of an official or public servant to execute properly the judgments, decisions and orders of senior officials. In addition, in Art. 508, which is set out in



Chapter XXI «Crimes against the Constitution» in Chapter III, «Crimes Against the Institutions of Power and the Division of Power» provides the criminal liability of an official or public servant who assigns judicial power or impedes the enforcement of a decision issued by a competent judicial authority. The ways of committing such crimes are different: 1) refusal to execute the proper execution of judgments, decisions and orders of senior officials, and 2) assignment of judicial authority or obstruction of enforcement of judgments [13].

The Criminal Code of Austria does not provide criminal liability for failure to comply with a judgment, but contains a similar criminal law provision. In particular, Section 271 of Section 19, «Criminal Offenses Against Government» provides criminal liability for breach of property arrest. The legislator, in particular, specified the ways of committing this crime: destruction, damage, dismantling, incapacitation or wholly or partially removal from property arrest [14].

In particular, Art. 195, which is set out in Section VIII, Crimes against State Power, of the Criminal Code of the Netherlands, provides the liability of any person for the enjoyment of his rights when he is aware that he has been deprived of that right by a court decision [15].

The Criminal Code of Denmark does not provide any criminal liability for failure to comply with a judgment. Instead, §148 of Chapter 16, «Crimes committed in the exercise of public office» enshrines the criminal liability of any person having jurisdiction or other public authority to decide on a legal question or whether it is incumbent on the State to punish the State for failure to comply with the law. the law of the procedure for considering a case or executing relevant legal acts concerning arrest, imprisonment, seizure or other measures of a similar nature [16].

Article 254, Chapter 5, «Abuse of Power», Section IV, «On Crimes and Misdemeanors Against Public Order, Committed by Officers or Officials of Cults Performing Their Duties», Book 2 of the Criminal Code of Belgium contains a criminal law provision responsibility for «actions to use force against the enforcement of a law or a royal decree, or against the enforcement of a lawful tax, or against a court order or order, and against any order issued by a public authority» [17].

Section 13, Part 2, On Crimes, of Chapter 17, «Crimes Against Public Activity» of the Criminal Code of Sweden provides criminal liability for the unlawful transfer, damage or otherwise disposition of property subject to restraint in securing an obligation, temporary arrest, pledge, confiscation or other such measures, damage or destruction of official notice or seal, or otherwise unlawful opening of something officially closed or violation of other similar officially announced orders [18].

Section 9 (a) of the Violation of the Restraining Order, contained in Chapter 16, Crimes Against Public Authorities, of the Criminal Code of Finland, provides criminal liability for the violation of a person for whom an injunction or injunction is temporary injunction, the procedure provided in appropriate solutions [19].

The Criminal Code of Slovakia, in the Special Part of Chapter 8, Crimes Against Management Order, Section 5, «Other Forms of Violation of the Activity of Public Authorities», establishes in § 348 criminal liability for obstruction of enforcement of a formal decision. Such methods are to impede or substantially complicate the enforcement of a decision taken by a court or other public authority (1) by: 1) the inability to begin serving a sentence of imprisonment from a date specified by the court without good cause; 2) residence without a permit and without serious reasons in the settlement or district in which the person has been banned from living, or for failure to comply with the restrictions and obligations imposed on him / her by a court decision in connection with the execution of such sentence; 3) residence without a permit and without good reason on the territory of the Slovak Republic, despite the fact that a sentence on eviction or punishment was issued in the form of a ban on residence in the territory of the Slovak Republic; 4) performance of actions prohibited in accordance with the decision of a court or other government body prohibiting the commission of such actions; 5) committing serious misconduct in order to disrupt the prescribed medical prophylaxis or protective re-education assigned to the person by a court or otherwise, in particular by escaping from the institution, or substantially complicating the implementation of such decision or; 6) committing serious misconduct in order to prevent the appointment, detention or sentence; 7) committing serious



or repeated misconduct in order to disrupt the order, preventing the person from entering into a common accommodation (regulated by a separate provision or on the basis of measures taken in advance by a court) or; 8) committing serious offenses, thereby impeding the performance of protective supervision intended for a person [20].

Although criminal liability for failure to comply with a judgment is not exactly provided in the Criminal Code of Croatia, however, Chapter XVI «Criminal Offenses in the Field of Marriage and Juvenile Relations» of the Special Part of the Code provides several principles similar to those of the Criminal Code. In particular, Art. 209 «Alimony» establishes responsibility for the

evasion of the maintenance of a person in view of a judgment to be enforced. In addition, in Art. 215 «Obstruction and Failure to Take Measures to Protect a Child or Minor» assigned responsibility for impeding the implementation of educational and other measures taken by the court [21].

Instead, Art. 391 of the Criminal Code of Luxembourg provides the debtor's liability for actions to deteriorate his financial position in order to evade criminal or civil court decisions. This provision is set out in Part II, Section VII, Crimes and Torts against the Family Orders and Public Morality, in Part II, Part IX, «Failure to Perform Family Responsibilities and Fictitious Insolvency» by the Luxembourg Code [22].

Conclusions As a result, it should be noted that the rules governing criminal liability for non-enforcement of a

judicial act under the law of EU countries are characterized by a wide variability in the expression of the objective side of the crime and, in particular, the specification in the methods of its committing. In my opinion, this experience is worth borrowing, since specifying ways of committing a crime directly in the norm itself will eliminate the possibility of error in its qualification and will also allow to avoid competition within general and special norms.

References 1. Stanich V. S. Criminal Code of the French Republic / edited by V. L. Menchinskyi. Translation

into Ukrainian by – K. I. Mazurenko. – K. :OVK, 2017. – 348 p. 2. The Criminal Code of the Republic of Italy. URL: http://www.altalex.com/documents/codici-

altalex/2014/10/30/codice-penale (date of reference: 10.10.2019) 3. Criminal Code of the Czech Republic. URL:

http://www.legislationline.org/download/action/download/id/6370/file/Czech%20Republic_CC_2009_am2011_en.pdf (date of reference: 10.10.2019)

4. Stanich V. S. Criminal Code of the Republic of Poland/ edited by V. L. Menchinskyi. Translation into Ukrainian by V. S. – K. :OVK, 2016. – 138 p.

5. The Criminal Code of the Republic of Hungary. URL: http://www.legislationline.org/download/action/download/id/5619/file/HUngary_Criminal_Code_of_2012_en.pdf (date of reference: 10.10.2019)

6. The Criminal Code of the Republic of Romania. URL: http://www.legislationline.org/documents/section/criminal-codes/country/8 (date of reference: 10.10.2019)

7. The Criminal Code of the Republic of Latvia. URL: https://likumi.lv/ta/en/id/88966-the-criminal-law (date of reference: 10.10.2019)

8. The Criminal Code of the Republic of Estonia. URL: https://www.riigiteataja.ee/en/eli/522012015002/consolide (date of reference: 10.10.2019)

9. Criminal Code of the Republic of Slovenia. URL: http://www.legislationline.org/download/action/download/id/3773/file/Slovenia_CC_2008_en.pdf (accessed: 11/05/2018)

10. The Criminal Code of the Republic of Bulgaria. URL: http://www.legislationline.org/documents/section/criminal-codes/country/39 (date of reference: 10.10.2019)

11. The Criminal Code of the Republic of Lithuania. URL: http://www.lithuanialaw.com/lithuanian-criminal-code-495 (date of reference: 10.10.2019)



12. Criminal Code of the Federal Republic of Germany: scientific and practical commentaries and translation of the text of the law. – 2nd ed. revised and expanded. – Moscow: Prospect, 2016. – 312 p.

13. Stanich V. S. Criminal Code of the Kingdom of Spain / edited by V. L. Menchinskyi. Translation into Ukrainian by O. V. Lishevska. – K.: OVK, 2016. – 284 p.

14. Criminal Code of Austria / Scient. audit. andintroductor. article doctor of jurisprudence, prof. S. V. Miliukova; preface of Prosecutor General of Austria, dr. Ernst Eugen Fabrizy; translation from German by L. S. Vikhrova. Saint-Petersburg: Publishing house «Legal center Press», 2004. 352 p.

15. Penal Code of the Kingdom of the Netherlands. URL: http://www.legislationline.org/documents/section/criminal-codes/country/12 (date of reference: 10.10.2019)

16. The Criminal Code of the Kingdom of Denmark. URL: http://www.legislationline.org/documents/section/criminal-codes/country/34 (date of reference: 10.10.2019)

17. The Criminal Code of the Kingdom of Belgium. URL: https://issuu.com/ethics360/docs/penal_code__belgium_ (date of reference: 10.10.2019)

18. Swedish Criminal Code URL: http://www.government.se/contentassets/5315d27076c942019828d6c36521696e/swedish-penal-code.pdf (accessed: 11/05/2018)

19. The Criminal Code of the Republic of Finland. URL: https://www.finlex.fi/en/laki/kaannokset/1889/en18890039.pdf (date of reference: 10.10.2019)

20. The Criminal Code of the Republic of Slovakia. URL: http://www.legislationline.org/documents/section/criminal-codes/country/4 (date of reference: 10.10.2019)

21. Criminal Code of the Republic of Croatia. URL: http://www.legislationline.org/download/action/download/id/4283/file/Croatia_Criminal_code_am2003_en.pdf (date of reference: 10.10.2019)

22. Criminal Code of the Grand Duchy of Luxembourg. URL: http://www.legislationline.org/download/action/download/id/6406/file/Luxembourg_Criminal_Code_am2016_fr.pdf (date of reference: 10.10.2019)



LEGAL INSTRUMENTS OF INTERNATIONAL LABOUR ORGANIZATION AND UKRAINIAN LABOR LEGISLATION: COMPARATIVE

AND LEGAL ANALYSIS OF NORMS AND STANDARDS

Victor Shcherbyna DrSc., Professor, Labor and Social Maintenance Law Department, Taras Shevchenko National University,

Kyiv, Ukraine

Abstract. Comparative jurisprudence is a theory or scientific discipline in legal science of Ukraine, including labour law too. Presented article is a continuation of comparative and legal research, started by the author and aimed to widening and better understanding of labour law as a world civilization value.

The basic task of labour law is to be a regulator of social relations within labour, to regularize relationship of people, who work and earn for living. However, all these tasks remain unrealized without active government role. We regard, state’s

position in protection of employees in relations with employers should express itself through establishing of norms, aimed to intercession and support of workers. These are in certain extent forms of expression of social character of state activity in Ukraine, where a human is the highest social value, and the activity of all its institutions are aimed to implementation and providing of human rights and freedoms.

Having ratified the line of international acts, regarding proactive of using of forced labour and having banned it at Constitutional level, Ukraine didn’t set reliable legal guarantees of opposition towards this shameful phenomenon. Paragraph 31 of the Code of Labour Laws of Ukraine prohibits to demand carrying out of work, not provided by law agreement. But the part 2 of the paragraph 33 of this Code doesn’t contain yet this absolute rule about the exclusive of forced labour among the rules, regarding temporary relocation of the employee without his consent by the employer. The Code so far doesn’t provide the norm, categorically forbidding using of forced labour (though the ILO Convention 105 is ratified by Ukraine in 2000), as well as the norm, providing legal liability for that. Paragraph 265 of the Code of Labour Laws of Ukraine neither provides grounds for administrative liability for demanding or using of forced labour.

The main international act, regarding breach of labour agreement by the employer is the ILO Convention 158Termination of Employment Convention, 1982. According to the paragraph 4 of the ILO Convention 158labour relations with employees can’t be terminated if there are no legal grounds for such termination, connected with behaviour of employee or his skills or productive needs of enterprise, institution or service. Paragraphs 40 and 41 of the Code of Labour Laws of Ukraine provide exceptional list of grounds of breach of labour agreement by employer. Although, some other laws can also provide such grounds for certain categories of employees (for instance, the Law of Ukraine “About State Service”). In general, these grounds comply with criteria, provided by the paragraph 4 of the ILO Convention. However, there is one nuance – an employer has a right to fire an employee only in case of availability of legal judicial fact or legal definition. Absence of one element of legal definition proves dismissal to be illegal. Basis for this claim is a provision of part 1 of the paragraph 40: “labour agreement, concluded indefinitely and temporary employment agreement can be breached by employer before its expiration only in such cases: …”. Definition “only in cases” determines exhaustive circle of grounds for dismissal. This position is also supported by the Full Supreme Court of Ukraine in Decision of Novemeber 6th, 1992 9 “About practice of the courts in labour disputes”, regarding interpreting of separate grounds of breach of labour contracts by employers.

Analysis has proved, that labour legislation of Ukraine in separate issues is more progressive, than the ILO acts, contains higher norms and standards, although, has serious flaws in part of providing guarantees for dismissed employees.



Keywords: comparative jurisprudence, to intercession and support of workers, regarding proactive of using of forced labour, breach of labour agreement by the employer, norms and standards.

Introduction Comparative jurisprudence is a theoretical or scientific discipline presented in a number of

branches of Ukrainian legal science including labor law. Its purpose consists in studying and comparing bodies of law and legal systems to international legal norms, identifying similarities and differences between them, determining its global development trends [1, p. 4]. However, there are some objective threats and issues in this field that, if not solved, will not yield desired results for the legislator and society regardless of their efforts.

This article is a continuation of comparative and legal research, which has been started by the author [See 28], and is aimed at improving knowledge and understanding of labor law as global value of civilization.

First of all, it must be understood that no

legal system is perfect. A country’s effectiveness is determined by the timeliness and compliance of its law with certain stages of social development. Idealization of western law has been happening in Ukraine for some time now, with no regard to obvious and substantial disparities in the historical development of these two legal systems.

Thus, it appears that the worst approach for modernizing a country and its law which involves copying of foreign regulation models is being used. However, V. Kazymirchuk, a well-known legal scholar, started to draw attention to a crucial aspect of western law as early as 1960sand stated that "The main effort of western scholars is focused on identifying causes of partial realization of laws in a democratic society and meeting the requirements of studying law is action, finding and creating guarantees for realization of rights" [2, p. 151].

It means that western legal models are not always flawless, therefore require a meticulous study and an in-depth critical analysis. "Not only must actual laws be subject to comparison and review but also bylaws, judicial practice, collective agreements, customs and, most importantly, law enforcement practice. Consequently, direct comparison of laws on paper is equally as important as of those in action" [3, p. 9].

S. Ivanov, who has established the framework for solving the aforementioned issues, notes, "Use of foreign experience cannot and should not become the foundation in development of labor law during either the transitional period before the establishment of market relations orthe period of their stable functioning. The path to addressing the problems is through keeping the existing legal

norms and creating new norms and models that correspond to the current social and economic conditions, traditions, national specificities etc." [4, p. 38].And later in his study S. Ivanov warns that "We must only abandon those ideas, norms and model that actually hamper work and development of enterprises in an emerging market-based environment [4, p. 38].

It is only natural for countries to use foreign experience in the area of labor relations. But, according to the opinion of V. Kazymirchuk, any legal form should never be considered in its pure form, when it is detached from all social and political conditions. A case in point was Turkey's attempt at reception of Swiss legislation in 1926. Reception of foreign law, when regarded as a mechanical adaptation of other country's legislation, cannot be considered as a result of creative development of law; it contradicts basic rules governing democratic procedures for drafting, discussing and passing laws; ignores country's national and local characteristics. As a consequence, adopted law remains only as a foreign matter within the social fibers of the other country [2, p. 105-106]. However, it must be noted that, there was a successful attempt of jurisprudential transplantation in the world's history. One such example was the trans-plantation of German and French labor regu-lations to the Labor Code of Russian SFSR in 1922 [5, p. 18].

Literature review. The theoretical basis

of this study consists of educational and scientific works of eminent Soviet, Ukrainian and Russian scholars, as follows: L. Tal, M. Bahlai, I. Voitynskyi, L. Hintsburh, V. Do-hadov, B. Zharkov, S. Ivanov, I. Kyselov,



A. Pasherstyk, V. Esenin and others. Among modern scholars of international and comparative labor law particular persons must be noted, including V. Andriiva, N. Vys-hnevska, A. Dovhert, N. Liutova, K. Rekosh, A. Silina, H. Shiutte and others. The author's critical comparative-legal approach has been heavily influenced by the works of H. Volmani, V. Kaskel, H. Kelzen (Germany), F. Kollen, R. Dokua, P. Hutier and other scholars.

Research methodology. It was the

failure to resolve the issue of reformation of labor legislation from a conceptual perspective that motivated the author to carry out a comparative and legal analysis of main norms and standards provided for in certain acts of International Labour Organization and Ukrainian labor legislation. It is also important to know whether the national labor legislation complies with the international norms and standards that are frequently spoken of by scholars and reformers.

Research results. The main function of

labor law is to act as a social relations regulator in employment, regularize rela-tionships of working people. In accordance with the preamble of Ukraine's labor code, as amended by the Act 871- of 20 March 1991, the Code determines the legal basis and guarantees for effectuation of right to manage the capacity for productive and creative work by Ukrainian citizens. However, regulation of labor relations, establishment of higher standards of working conditions, protection of worker's rights remain the main tasks of labor legislation. These tasks are clearly set out in the article 1 of Ukraine's labor code [6].

But the implementation of the afore-mentioned tasks is only possible with the state's active participation. In our view, a state expresses its position on the issue of protection of employees in their relations with their employers through the establishment of norms aimed at protection and support of employees. Such actions demonstrate the social orientation of the Ukrainian state, where human beings are considered the highest social value and all state institutions are aimed at ensuring and affirmation of human rights. "Social equity is one of the main principles of law and its purpose should be seen as protection of weak subjects of law" [See 7]. K. Rekosh supports the same approach in his works and states: "Labor

relations development throughout the twentieth century has shown that an employer naturally misuses of subordinate relationships with their employees and a state in this case must intervene and defend employees as the weaker party in labor relations" [See 8]. T. Zavorotchenko's position on this subject is consequently also correct, since she argues that only a democratic, socially oriented and a law-based state is the true guarantor of rights and freedoms of man and citizen. All other organizational-legal guarantees that ensure human rights and freedoms are linked to and depend on the functioning of a state [9, p. 10].

It is worth mentioning that soviet scholars already had this issue as the subject matter of their studies in the 1970s. M. Matuzov wrote: "It is clearly defined in both modern soviet and foreign general theoretical legal literature, that under socialism a state acts as the main institution designed to ensure the interests of its citizens; the institution with moral and political commitments to its people; the institution that sees the full development of personality as its mission" [10, p. 28]. And so if the Ukrainian State has rights and freedoms of man and the citizen defined in the second section of its Constitution [11], then "...it is the state itself that undertakes to ensure such rights, to create necessary conditions for their implementation, defense and protection" [10, p. 28].

The aforementioned statements mainly concern the issues of ensuring the implementation and protection of socio-economic and labor rights, as the most vulnerable ones under the market relations. First of all, in matters of employment and capital a state must act as a defender of the economically weaker party - an employee. "Defender is the one who protects and represents someone else" [12, p. 146]. However, the reason why a state assumes the role of a defender is not because an employee is a party to a certain kind of social relations, but because the state itself made a commitment to be not an arbitrator, but a guarantor of human rights and freedoms in this sphere. Secondly, a social state is an institution that protects the weak and provides assistance to those in need. And since an employee is institutionally, economically and financially weaker than an employer in every case, a state must guarantee its support to the former one in certain life circumstances.



"To support means to encourage and help someone" [12, p. 332].

In accordance with the first paragraph of article 8 of the Constitution [11], Ukraine recognizes and applies the principle of the rule of law. Which means that Ukraine, being a member of the world community, a participant to international organizations and unions, recognizes the primacy of international law over domestic law. This position of our state is clearly defined in the first paragraph of article 9 of the Constitution, under which international treaties in force, consented by the Verkhovna Rada of Ukraine as binding, shall be an integral part of the national legislation of Ukraine. Article 8-1 of Ukraine's labor code [6] stresses the priority of international legal norms over domestic norms within the realm of labor regulations. Under the norms of this article if an international agreement to which Ukraine is a party establishes rules other than those specified under national labor law, the rules of the international agreement are applied.

In our view, prevailing majority of constitutional and international legal norms are protective in nature and therefore should form the basis for Ukraine's new labor legislation.

Discussion of research results. Now let

us look at some international and domestic legal norms that entail state protection as a form of protection of employees.

First of all, when undertaking a study on such an issue primary focus should be given to guarantees of freedom of work. According to Declaration on Social Progress and Development proclaimed by General Assembly of 11 December 1969 [13], social progress and development shall be founded on respect for the dignity and value of the human person and shall ensure the promotion of human rights and social justice, which requires immediate and final elimination of all forms of inequality, exploitation of peoples and individuals.

International Labor Organization Forced Labour Convention, 1930 [14] defines the term forced or compulsory labor shall mean all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily. Article 8, paragraph 3 (a) of International Covenant on Civil and Political Rights [15] stipulates that no one can be

required to perform forced or compulsory labor. Article 1 of ILO Abolition of Forced Labour Convention, 1957 [16] provides that each member of the International Labour Organization which ratifies the afore-mentioned Convention undertakes to suppress and not to make use of any form of forced or compulsory labor: (a) as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established po-litical, social or economic system; (b) as a method of mobilizing and using labor for purposes of economic development; (c) as a means of labor discipline; (d) as a punishment for having participated in strikes; (e) as a means of racial, social, national or religious discrimination.

Article 43, paragraph 3 of the Constitution of Ukraine [1] prohibits the use of forced labor. Military or alternative (non-military) service, and also work or service carried out by a person in compliance with a verdict or other court decision, or in accordance with the laws on martial law or on a state of emergency, are not considered to be forced labor. Thus, forced labor in Ukraine can only be used under exceptional circumstances and in the cases provided by law. Such circumstances are defined in article 33, paragraph 2 of Ukraine's Labor Code [6]. The owner or authorized by him/her body shall be entitled to transfer the employee to another job not stipulated by labor contract for the period of up to one month without his/her consent, if it is not against medical advice for health reasons solely for the purpose of reproduction or liquidation of consequences of natural disaster, epidemics, epizootics, industrial accidents, as well as other circumstances which endanger or may endanger life or normal living conditions of people, with remuneration of labor for performed work, however not lower than average salary at previous job.

It is crucial to know what actions of legal nature, aside from expressing caution, the Ukrainian state takes to prevent cases of unlawful use of forced labor.

Article 31 of Ukraine's Labor Code [6] prohibits to demand performance of work not stipulated by labor contract. But this norm is nowhere to be found when studying paragraph 2 of article 33 of the Code. Such a legal norm that would categorically prohibit the use of forced labor still has not been established



(even though Ukraine ratified the Abolition of Forced Labour Convention as early as 2000) and other norms imposing liability for such actions. Neither article 265 of Ukraine's Labor code nor article 41 of Ukrainian Code on administrative offences [17] set any grounds for administrative liability or sanctions for forced labor or use of forced labor.

Article 25 of ILO's Convention 29 [14] stipulates that illegal exaction of forced or compulsory labor is punishable as a penal offence. But articles 172 and 173 of the Criminal Code of Ukraine [18] contain no rules that explicitly and unquestioningly establish liability for the use of forced labor. And only the first paragraph of article 173 of the Criminal Code of Ukraine establishes criminal liability for gross violation of an employment contract, caused a person by coercion, to perform any work not provided for in the contract.

Even though Ukraine has successfully ratified a number of international acts on prevention of forced labor, which prohibited such actions at the constitutional level, the state still has not established reliable legal guarantees that could counteract this shameful phenomenon.

There is also another problem that arises from the research matter, namely how to address the issue of organizing work flow by employers at the legislative level in a way so as to avoid violation of the founding constitutional principle of labor law, that is freedom of work; and derived principles that include explicit definition of employee's duties and stability of labor relations that are embodied in articles 21, 23, 31-34 of the Labor Code of Ukraine [6].

Clearly, norms of labor law should be exploited as guarantees against arbitrary actions of employers in the use of labor force. These actions are particularly evident in the cases of unlawful transfer or dismissal of employees on the initiative of the employer. It appears that there is a reason why paragraph 6 of article 43 of Ukraine's Constitution [11] received the following wording: "Citizens are guaranteed protection from unlawful dismissal". However, the actual state of protecting these rights in Ukraine will be described in more detail below.

O. Smirnov has formulated the principle of explicit definition of employee's duties [21, p. 179].It means that an employee may expect clear organizational and legal determination of

one's duties when entering into labor contract with an employer and makes it impossible for the latter one to take arbitrary actions regarding the alteration of contract. Stability of labor relations is the core element of the norms of labor law that reflects a state's protection function. This includes norms regarding clear definition of employee's functions, limitations on the use of term labor contracts and arbitrary termination of labor contract by an employer.

There are, however, other opinions that treat these principles of labor law in a less categorical manner. The main idea of law, according to R. Livshitsya, is reflected by the impossibility of changing work duties without the mutual consent of parties to the labor contract [19, p. 168]. Scholar Ershova believes that ILO Convention 29does not classify temporary transfer of employee to another job to fill vacant posts in cases of operational needs as violation of clear definition of work duties principle[See 23].

Most market economy countries have enshrined in their domestic legislation the principle which entitles employers to transfer employees to another job at their discretion. Production efficiency, profitability of enterprises and technological rationality are considered to be key elements in this regard. Interests of employees, however, are either completely ignored or become the very last priority. An employee may only expect material compensation if a court finds evidence of abuse of power or deems an employer's actions as un founded. In such an instance an employee's legal status becomes highly unstable [Quote. 22, p. 121,122].

Most cases of violation of the principle of freedom of work are related to legal prohibition of temporary transfer of employees to another job without their consent in cases of operational needs (article 33 of the Labor Code of Ukraine[6] as amended by the Act No. 1356-XIV of 24 December 1999).

In our opinion, the use of such transfers, that are in fact a latent form of forced labor, is only possible if a country's law provides strict guarantees needed to ensure that rights and freedoms are respected. This is also a matter of applying material sanctions for the use of forced labor and infringement of personal freedom, since without state interference such phenomena are nothing but slavery.

Operational need should nevertheless be incorporated into the system of exceptional



circumstances that allow employers temporary transfer employees to another job without their consent. Such actions, however, should only be carried out due to specific reasons and must be limited in duration. These actions include the need to ensure smooth operation, the need to avoid significant losses or shutdown of enterprises, institutions and organizations. Moreover, a transfer to another job must be carried out with due regard to the employee's specialty and level of qualification, including a higher remuneration when demanding performance of work not stipulated by labor contract. Ukraine's new Labor Code therefore should contain a clause concerning temporary transfer to another job due to operational needs. The following wording for the aforementioned article is proposed:

"Transfer of the employee to another job not stipulated by labor contract, without his/her consent shall be used only as a means to ensure smooth operation of enterprises, institutions and organizations under the following conditions: - in the event of unforeseen organizational

and production factors that may entail disruptions in the work of an enterprise, institution, organization or its structural subdivisions;

- duration of transfer period shall not exceed 30 working days per working year;

- any transfer to another job shall be carried out with due regard to the employee's specialty and level of qualification;

- the employee is guaranteed payment for performed work in double amount." Protection upon termination of labor

contract is considered as crucial factor in implementing protective function of labor law. Scholar G. Schütteonce stated that legal regulation of dismissals constitutes one of the most important areas of social protection of workers in Germany [Quote. 24, p.73].

The ILO Termination of Employment Convention, 1982 (No. 158) is the main international act concerning termination of employment at the initiative of the employer [25].

While assessing the quality of state's protective function in the legislation the need arises to ensure its compliance with the aforementioned Convention regarding grounds and procedures for termination of labor contract at the initiative of the employer.

According to article 4 of ILO Termination of Employment Convention, 1982 (No. 158) [25], employment of a worker shall not be terminated unless there is a valid reason for such termination connected with the capacity or conduct of the worker or based on the operational requirements of the undertaking, establishment or service. Articles 40 and 41 of the Labor Code of Ukraine include a list of grounds for termination of labor contract on employee's initiative. For certain categories of employees these grounds are provided for by other laws, for example, by Law of Ukraine on Public Service [35].These grounds generally comply with the criteria established in article 4 of the aforementioned Convention.

There is, however, a crucial aspect of this matter that must be discussed first. The employer is entitled to dismiss the employee only when certain legal facts are present. The absence of just one of these facts points to the illegal nature of such a dismissal. Justification for this argument can be found in provisions of paragraph 1 of article 40 of the Labor Code of Ukraine which establish that" labor contract entered into for indefinite period of time, as well as term labor contract prior to completion of its validity period may be terminated by the owner or authorized by him/her body only in the following cases:...".The part "only in the following cases" highlights the existence of an exhaustive list of grounds for dismissal of employees. This position is also advocated by the Plenum of the Supreme Court of Ukraine in its resolution 9 "On practice for hearing cases involving labor disputes" of 6 November 1992 [26].

Interpretation of the notion of "justification for termination" is the main issue with reasons for termination of employment set out in the ILO Termination of Employment Convention, 1982 (No. 158).Article 4 that is contained in the division "A" of the aforementioned Convention regards justification as existence of valid reasons for such termination. The issue of justification for termination, in our view, is not only related to existence of valid reasons for such an action, but also to proving the lawfulness of employer's actions. An employee is a human being who is recognized in Ukraine as the highest social value, according to the Constitution of Ukraine [11].Thus, in cases of termination of labor contract the employer must treat his/her employees not as labor force of means of



production, but as human beings. Justification for termination is therefore the main criteria for determining the lawfulness of such an action. Legislation of the United Kingdom contains a significant legal concept regarding justification for termination. "The owner of the enterprise should prove to the court his or her confidence in the justification for dismissal of the employee" [Quote, 27, p.58].

Justification of such an action can also be considered from a different perspective. This includes finding dismissal of employees at the initiative of the employer that is a state enterprise, institution or organization unfair due to its social unreasonableness. The state, in certain cases, may sacrifice these organization to ensure the implementation of its social function. The grounds for such statement are contained in a number of articles of the constitution of Ukraine. According to article 1 of the Constitution, Ukraine is a social state. Paragraph 4 of the article 13 of the Constitution establishes social orientation of Ukraine's economy. Paragraph 1 of article 3 of the Constitution recognizes an individual as the highest social value in Ukraine; and paragraph 2 of this article determines human rights and freedoms, and guarantees as the essence and course of activities of Ukrainian state. Therefore, prevention of dismissal of employees from enterprises, institutions and organizations where the state acts as the employer represented by its authorized bodies is an independent legal basis for limiting the authority of employers to dismiss employees due to social unreasonableness of such actions.

Defining the boundaries of grounds for termination of contract at the initiative of the employer is another significant issue that requires consideration. It is only partially regulated by articles 5 and 6 of the ILO Termination of Employment Convention, 1982 (No. 158) [25]through establishing reasons that are not valid for termination of employment.

The described issue goes beyond being simply a subject matter of scientific studies and is present in real-life employment relations in the form of "cleansing" of personnel after change of ownership or appointment of a new director of an enterprise, institution or organization. It must be noted that over the years this issue has become a serious challenge for the Ukrainian

state. Ukrainian Parliament Commissioner for human rights has issued a monitoring report revealing massive and systemic violations of right to employment, right to timely and full payment of a just remuneration ensuring for workers and their families an existence worthy of human dignity and other labor rights guaranteed by the Constitution and laws of Ukraine, international norms and standards. In 2017, a total of 1.3 thousand reports regarding violation of right to employment was submitted to the Office of the Ukrainian Ombudsman, which is 18% less than in 2016.In the course of implementation of the cooperation agreement between Ukrainian Parliament Commissioner for human rights and Ukrainian Trade Union Federation nearly15 thousand cases of labor law violations had been reported to the Ukrainian Parliament Commissioner for human rights in the first half of 2017. 40,4% of those were remuneration violations, 30% and 6% were respectively violations of dismissal procedures and transferring of employees [29].

Notice of dismissal is a significant guarantee that ensures the lawfulness of dismissals of employees. According to article 11 of the ILO Termination of Employment Convention, 1982 (No. 158) [25], a worker whose employment is to be terminated shall be entitled to a reasonable period of notice or compensation unless he is guilty of serious misconduct, that is, misconduct of such a nature that it would be unreasonable to require the employer to continue his employment during the notice period. This norm states that an advance notice must be given to any employee before termination of his/her employment, except for the cases when the employee committed a serious disciplinary offence or other action that hinders the continuation of employment relationship. Ukrainian labor legislation contains a single instance when giving an advance notice of dismissal is compulsory. It is envisaged in paragraph 1 of article 40 of Labor Code of Ukraine [6] and is only possible in cases of changes in production and labor organization, including liquidation, reorganization, bankruptcy or conversion of enterprise, institution, organization, reduction of number or staff of employees. Part one of article 49-2 of Labor Code of Ukraine states that employees must be personally informed about their dismissal within at least two months prior thereto. This provision of the



Ukrainian labor legislation is generally consistent with norms set out in the aforementioned Convention. Although, to our mind, it should be complemented by a clause entitling employees to a compensation for termination of employment during notice period or for employer’s failure to provide the employee with an advance notice of dismissal. This legal gap has been partially eliminated by the judicial practice.

According to indent 6, paragraph 19of the Resolution 9 (1992)of the Plenum of the Supreme Court of Ukraine “Judicial practice for reviewing cases concerning labor disputes” [26], in case of employer’s failure to notify the employee of his/her future dismissal during notice period, the court shall change the date of termination taking into account the notice period during which the employee continued to perform his/her work duties, except for cases when the employee cannot be reinstated for other reasons. However, the second sentence of paragraph 3 of article 235 of the Labor Code of Ukraine contains a clause that entitles the employee to a compensation for employer’s failure to give him/her notice of dismissal or doing it late but only when the cause of dismissal stated in the employment record book hinders the employee in obtaining future employment. Therefore, it can be stated that norms of articles 49-2 and 235 of the Labor Code of Ukraine do not fully comply with the requirements on establishment of norms concerning advance notification of dismissals set out in the ILO Termination of Employment Convention, 1982 (No. 158) [25].

The establishment of dismissal is governed by Section B of the mentioned Convention, which defines the procedures applicable before and during the termination of employment. According to Art. 7 of ILO Convention 158 (1982), the employment relationship with the employee shall not be terminated for reasons related to his behavior or work until he has been afforded the opportunity to defend himself in connection with the allegations against him, unless the entrepreneur cannot reasonably be expected to give the employee such an opportunity. The current labor law of Ukraine justifiably establishes a rigid procedure for termination of an employment contract in case of violation of labor discipline by an employee. The case-law also clearly reflects this position of the legislator. Thus, in accordance with the paragraph 22 of the Resolution of the Plenum

of the Supreme Court of Ukraine of November 6, 1992 9 “On the practice of consideration of labor disputes by courts” [26], in cases of renewal at work of persons dismissed for violation of labor discipline, courts need to find out, what specifically manifested the breach, which led to the dismissal, whether it could be the basis for termination of the employment contract under items 3, 4, 7, 8 Article. 40 and cl. 1 of Art. 41 of the Labor Code, whether the rules and procedure for disciplinary sanctions imposed by the employer are provided by Articles 147-1, 148, 149 of the Labor Code. It seems that in order to avoid misunderstandings between the employee and the employer in the case of dismissal of the first for violation of discipline, the norm with the content similar to item 22 of the Resolution should be contained in the new Labor Code of Ukraine.

Section III of ILO Convention 158 (1982) [25] contains additional provisions concerning the termination of employment for economic, technological, structural or similar reasons. The first requirement for dismissal concerns consultations with employee representatives, as provided for in Art. 13 of the Convention. The provisions of the rules of this article are fully reflected in Part 3 of Art. 22 The Law of Ukraine “On Trade Unions, Their Rights and Guarantees” [30]. In addition, Art. 14 of the Convention provides for the obligation of the employer, in the case of dismissal of employees for economic or organizational reasons, to notify the competent authority of the State and state in writing the reasons for the dismissal, the number and categories of workers it may affect, and the period within which it is intended to be completed. A similar rule contained in Part 3 of Art. 49-2 Labor Code of Ukraine [6]: "At the same time as the employee's notice of dismissal, the employer shall inform the State Employment Service of information about the subsequent dismissal of the employee, indicating his profession, specialization, qualification and amount of remuneration." However, the Law of Ukraine

77-VIII of 28.12.2014 has radically changed the content of this provision. Now it is only about informing the authorized state bodies (public employment service) in case of mass layoffs.

Article 48 of the Law of Ukraine of July 5, 2012 “On employment” [31] regulates in



detail the mass dismissal of employees on the initiative of the employer.

Part 5 of Art. 20 of the Law of Ukraine of March 1, 1991 “On employment” [32] contained an important norm-guarantee for the dismissed persons: “Upon dismissal of employees (including working pensioners and disabled persons) in connection with changes in the organization of production and labor, including the liquidation, reorganization or re-organization of enterprises, institutions, organizations, redundancies or staff, enter-prises, institutions, organizations, regardless of ownership, shall notify this in writing within two months at the latest. Well employment service, indicating the reason and timing of release, name of professions, professions, skills, wage, and ten days after the release sent lists actually redundant workers, indicating they have disabilities. Failure to submit or breach the deadline for submitting this information shall be subject to a fine of one year's pay for each dismissed employee."

Thus, before the corresponding changes, the norms of the labor legislation of Ukraine set more significant requirements for the employer to comply with the procedure for dismissal of employees for economic reasons. Currently, Section IV “Promoting Employment” of the Law of Ukraine of July 5, 2012 “On Employment” does not even imply legal guarantees of employment promotion for persons who are being released for economic, technological, structural or similar reasons.

However, unlike the Convention, the labor law of Ukraine provides for other additional guarantees for dismissed workers. Thus, the assistance of the employer to the employment of dismissed workers is the essence of the rules of labor law provided for in Art. 13, 42, 43 and Art. 49-2 Labor Code of Ukraine [6]. The law sets out at least two criteria for the preferential promotion of the employment of dismissed persons: higher qualification and productivity of the employee; availability of work in the relevant profession or specialization. The practical significance of these criteria is difficult to overestimate. For jurisprudence, these are the main guidelines for determining the lawfulness of re-dundancies. Thus, “qualification” is the degree and type of professional training required to perform the work [33, p. 181]. Labor productivity characterizes the employee in terms of the effectiveness of his work (its effectiveness, quality and value for the

employer). Occupation as a criterion indicates the scope and type of permanent, stable employment. "Qualification" - knowledge and practical skills required to perform certain job functions within the profession [33, p. 468]. Thus, taking into account the dismissal of employees of these criteria makes it transparent and understandable to the employee, and in case of dispute - gives the court the opportunity to reasonably evaluate the actions of the employer.

In addition, Art. 43 of the Labor Code of Ukraine provides for the sanctioning of the vast majority of dismissals by the elected body of the primary trade union organization or trade union representative. For members of the elected trade union body of the enterprise, institution, organization (including structural units), its leaders, trade union representative cl. 3 and 4 Art. 252 Labor Code establishes additional guarantees to sanction their release. Norms of Art. 184 and 198 of the Labor Code provide additional guarantees for the dismissal of pregnant women and women who have children and workers under the age of eighteen. However, unfortunately, the legislation of Ukraine does not give workers who are subject to dismissal (even for objective reasons) time to seek job that the employer would pay or at least recognize as a valid reason for the absence of an employee at work.

Article 12 of ILO Convention No. 158 (1982) [25] lays down general rules for the payment of employees who terminate employment, severance pay and other types of income protection. Article 44 of the Labor Code of Ukraine [6] establishes a considerable number of grounds for payment of severance pay to an employee and differentiates its amounts depending on these grounds. However, the norm of Art. 44 of the Labor Code does not fully comply with the norm of cl. “a” of Part 1 of Art. 12 of the Convention, which sets out the criteria for determining the amount of severance pay paid by the employer: length of service and salary. Legal construction, which provides for Art. 44 of the Labor Code, "average monthly earnings", reflects only the second criteria provided for in the Convention. Part 1 of Art. 8 of ILO Convention No. 158 [25] guarantees an employee who considers that he or she has been dismissed unreasonably entitled to challenge this decision by applying to the appropriate



jurisdiction provided for by national law. Such jurisdictions in accordance with Part 1 of Art. 221 of the Labor Code are district or city courts. According to para. 2 cl. 3 of the Resolution of the Plenum of the Supreme Court of Ukraine of November 6, 1992 No. 9 “On the Practice of Consideration by Labor Courts” [26], in any case, directly in district (city) courts, dismissed employees' applications for resumption of work independently on the grounds of termination of employment contract, change of date and formulation of reasons for dismissal, payment for the time of forced absenteeism or performance of paid work. This is where the main problem arises. Part 2 of Art. 9 of the Convention provides for the possibility of using two mechanisms to carry the burden of proving the merits of dismissal. Clause 2 Art. 9 of the Convention, the burden of proving the existence of a legitimate reason for dismissal rests with the employer, and clause "b" establishes a rule according to which the bodies empowered to rule on the cause of dismissal (and such a body in Ukraine is a court - note), taking into account the evidence submitted by the parties and in accordance with the procedures provided for by national law and practice. Such procedures in Ukraine are subject to civil procedural law.

According to Part 1 of Art. 12 of the Code of Civil Procedure of Ukraine (hereinafter - the CPC of Ukraine) [34] civil proceedings are conducted on the basis of the parties' competitiveness. Part 3 of Art. 12 and Part 1 of Art. 81 of the CPC of Ukraine oblige each party to the dispute to adduce the circumstances to which it refers, as the basis of its claims or objections, except as provided by this Code. No civil cases for resumption of work due to unlawful dismissal are excluded. Therefore, neither the labor nor the civil procedural legislation of Ukraine places the burden of proving the validity of the dismissal on the employer, which, of course, adversely affects the level of legal protection of the dismissed workers.

Moreover, according to paragraph 4 of Art. 19 of the CPC of Ukraine in the wording of Law 2475-VIII of 03.07.2018 for cases arising from labor relations, provides for summary proceedings. These categories of cases have been equated by the Ukrainian legislator with minor cases or cases of minor complexity and other cases for which prompt resolution of the case is a priority. Part 1 of

Art. 274 of the CPC of Ukraine clearly indicates that cases arising from employment relations are considered in the order of simplified lawsuit.

However, the consequences of such an "innovation" can hardly be overestimated. For example, according to Part 3 of Art. 389 of the CPC of Ukraine are not subject to cassation appeal in small cases except in the cases specified in this Code. The law leaves the final decision on the plaintiff's right of appeal to the court. It is alarming that labor disputes, having been legally procedurally in the same order with minor cases, may, by a court decision, be in the category of cases that do not appeal in cassation. Given the trends of the Supreme Court's case-law on employment-related matters, the likelihood of such developments is very high.

To our opinion, the above mentioned innovations in the CPC of Ukraine regarding the consideration of labor disputes, in particular, concerning disputes on resumption at work, contradicts the norm of Part 1 of Art. 55 of the Constitution of Ukraine [11], because according to it, the rights and freedoms of the individual and the citizen are protected by the court and the norm of part 6 of Art. 43 of the Constitution on guarantees to citizens of protection against unlawful dismiss.

The interpretation of the words "protected" and "defended" gives grounds for asserting the active position of the court in civil proceedings. In the Ukrainian language, the words "protection" and "protection" are synonymous. The New Interpretative Dictionary of the Ukrainian Language states that the word "guard" must be understood as "to protect against anything" [36, p. 170]. Protection is "protection, patronage, support" [37, p. 110]. The Dictionary of the Ukrainian Language defines protection as "patronage, protection, support." To defend means "to defend, to protect anyone, anything from attack, assault, attack by enemy, dangerous and other actions" [38, p. 379, 380].

Labor and socio-economic rights under Art. 43-46 of the Constitution, are part of the rights and freedoms of man and citizen in Ukraine. Therefore, defense is the patronage and support of someone or something, that is, the active activity of the subject, not contemplation of who and how will provide more convincing evidence to substantiate their claims, which provides for existing civil procedural legislation for the consideration of



cases, arising from labor relations. The parties' ability is not an element of protection of the citizen's right, but only one of the principles of establishing the truth in a dispute. That is why the issue of labor justice, with a different role for the court in resolving labor disputes, both individual and collective, is now over.

Instead, a special provision that would contain a clear clause prohibiting the dismissal of an employee for filing a complaint of misconduct by an employer, as provided for in Clause “c” of Art. 5 of ILO Convention No. 158 (1982) [25], the CPC of Ukraine for some reason does not contain. Although the principle of the rule of law is enshrined in Art. 8 of the Constitution of Ukraine.

However, the norm of Art. 234 of the Labor Code of Ukraine [6] contains more substantial guarantees for the protection of the right to work, because it provides for such a legal construction as the renewal of court deadlines, which were missed due to valid reasons. While part 3 of Art. 8 of the Convention establishes a rule according to which an employee may be considered to have waived his or her right to challenge the dismissal unless he/she exercised that right within a reasonable time after termination of employment. That is, if within one month from the date of service of a copy of the order of dismissal or from the date of issue of the employment record the employee did not exercise his right to appeal, then the employee is considered to have

waived this right. In our opinion, the norm of Art. 234 of the Labor Code is more progressive in terms of the rule of law than the relevant provision of the Convention. However, the one-month period for appeal to the court in case of wrongful release, provided for in Part 1 of Art. 233 of the Labor Code, does not fully meet the criteria for the reasonableness of the period for applying to a judicial authority, provided for in Part 3 of Art. 8 of the Convention, at least in view of the fact that an employee must have an alternative: to employ another employer, to be registered in the employment service, and not in the status of unemployed to fight for their right to work.

The problem mentioned above is correlated with the problem of payment of compensation or resumption at work in case of unlawful dismissal, which is referred to in Art. 10 of ILO Convention No. 158 [25]. Note that the norm of Art. 10 of the Convention does not strictly prescribe the reinstatement of employees in the case of unlawful dismissal, providing for the compulsory alternative of "payment of appropriate compensation or other such assistance as may be considered appropriate". That is, in the Convention, in contrast to the provisions of Part 1 of Art. 235 of the Labor Code of Ukraine [6], the emphasis is on monetary compensation for the violation of the right to work, not the actual restoration of that right.

Conclusions Thus, the analysis showed that the labor legislation of Ukraine in some issues is more progressive

ILO acts, contains higher norms and standards, but in other positions, especially in the provision of legal guarantees to dismissed employees has significant disadvantages. Given the prospect of adopting the Labor Code of Ukraine, it is unacceptable to adopt norms that narrow the content and scope of existing rights and freedoms provided for by international instruments and national legislation, as this is a direct violation of the provisions of Part 3 of Art. 22 of the Constitution of Ukraine [11].

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THE REVISITED LEGAL ORGANIZATIONAL FORM OF HIGHER EDUCATION INSTITUTIONS AS ECONOMIC ENTITIES IN UKRAINE

Maksym Tymoshenko PhD., Associate Professor,

Vice-Rector of Private higher education institution «European University»,

Kyiv, Ukraine

Abstract. The paper covers an analysis of the legal organizational form of higher education institutions in Ukraine. The legislative regulation and theoretical and legal reasoning are investigated in the matter of peculiarities of the legal nature and essential features of the legal organizational form of institutions of higher education

(IHEs). The expediency of changes is substantiated for the legislative framework of IHEs from a special type of establishments to a special type of institutions. It is argued that IHEs should be considered as a special type of institutions created and operated in accordance with the law and statute as legal entities of public and private law within the legal organizational form of a budgetary establishment (institution), non-profit or for-profit (profit seeking) institution, which main purpose is to conduct educational, scientific, scientific and technological, methodological and innovative activity in accordance with the goals, objectives and volume of the IHE economic competence prescribed by law and IHE statute.

The author draws attention to the absence of the concept definition of "legal organizational form of an economic entity" in the legislation of Ukraine discovered by representatives of business law in the scientific papers particularly interpreting this concept as one that embodies the essential and juridical features common to legal entities as business organizations of different types and considering the legislative statement by a policymaker as a key element in this matter for the specificity of the IHE legal status of a specific establishment being legal entity of private or public law.

The article substantiates the inefficiency of proposals relating to changes of legislation on higher education with the prohibition of commercial HEIs, since in the author's opinion it violates the principles of equality of legal and economic entities, eliminates additional source of accumulation of non-budgetary funds for educational activities, creates another barrier to the financial soundness of domestic IHEs under market conditions.

The paper also proposes to eliminate the conflict of the Budget Code of Ukraine and Law of Ukraine "On Higher Education" regarding state and municipal IHE funding, since the Budget Code of Ukraine indicates that IHEs being budgetary establishments "are fully maintained at the expense of state or local budget, respectively", and Clause 71 of the Law of Ukraine "On Higher Education" provides that state institutions of higher education funding is carried out at the expense of the state budget on the terms of the state order for training of specialists, scientific and pedagogical staff and at the expense of other sources not prohibited by law committed to the principles of appropriate and efficient use of funds, a policymaker suggests municipal institutions of higher education funding at the expense of local budgets in accordance with the Budget Code of Ukraine and other sources not prohibited by law. That is, the Law of Ukraine "On Higher Education" provides the possibility attracting non-budgetary assets for state and municipal IHE funding, it destroys the imperative legislative framework of a budgetary establishment which could be a form of state or municipal IHEs. Therefore, settlement of the problem considering current needs of state and municipal IHE funding should be due to adjustments of the Budget Code of Ukraine to including in the state and municipal IHE funding, as well as other budgetary establishments, such funds as grants, gifts, charitable contributions, etc. (it is to be wished the list of such non-budgetary financing sources to be exhaustive in the law).

The research concludes that IHE should be classified as a special type of institution (rather than establishment) created and operated in accordance with the law and statute as legal entities of



public and private law within the legal organizational form of a budgetary establishment (institution), non-profit or for-profit (profit seeking) institution, which main purpose is to conduct educational, scientific, scientific and technological, methodological and innovative activity in accordance with the goals, objectives and volume of the IHE economic competence prescribed by law and IHE statute. Keywords: institution of higher education, higher education institution, economic entity, legal organizational form of economic entity, legal entity of public law, legal entity of private law, budgetary establishment, for-profit institution, non-profit institution.

Introduction The issue of Ukrainian institutions of higher education (hereinafter referred to as the IHE)

participation in the social and economic life as an economic agents in the light of the education reform is increasingly becoming the focus of much attention for scholars and practitioners, which is determined by the expansion of market economic conditions over higher education and clearly new perception of IHEs as autonomous agents of market economy. This issue has been finally resolved and formalized in Ukraine with the adoption of new legislation over higher education. At the same time, analyzing the specificity of the IHE legal status the issue of the legal definition of the legal organizational forms cannot be overlooked for the HEIs as economic entities substantially detailing the defined status, characterizing the IHE as autonomous legal entities.

As noted in the scientific literature,

nowadays, "the legal organizational form represents a kind of constitution, model, basis upon which the economic activity is carried out by an entity. It is important to make a clear choice of the legal organizational form for business entities including business organizations in order to effectively conduct business activities, since such a choice depends on the procedure for creation, operation, reorganization and liquidation" [12, 107]. These considerations correspond to the specifics of the IHE economic activity. However, it is untenable to finalize the IHE legal status under the context of its financial, organizational and other autonomy without a clear legislative definition of the specific legal organizational form of these legal entities.

The modern challenges of legal organizational forms of economic entities have been investigated in the civil jurisprudence and economic law by such scientists as V. Borysova, O. Vinnyk, O. Dzera, D. Zadykhailo, O. Kibenko, K. Kocherhin, N. Kozlova, N. Kuznetsova, I. Kucherenko, V. Milash, N. Saniakhmetova, I. Spasybo-Fatieieva, V. Shcherbyna, etc., while the problems of the legal organizational form of IHE has become the focus of much attention by such scientists as V. Astakhov, M. Babiuk, N. Davydova, B. Derevianko, I. Zhyhalkin, O. Zozuliak, M. Kurko, O. Kutsurubova-Shev-chenko, E. Oharenko, I. Ostrivnyi and others.

Due to the lack of lawful definition of the concept "legal organizational form of an economic entity" in the legislation of Ukraine, it is worth relying on general scientific ideas

on legal organizational forms and its elemental composition while investigating the specificity of the legal organizational forms of IHE. These issues have been primarily revealed by the scientific works of the business law representatives interpreting the concept particularly as the one embodying the essential and legal features that are common to legal entities such as business organizations of different types including a set of substantial (typical for just a specific legal organizational form) and irrelevant (typical for a certain group of legal organizational forms or those forms that could be changed depending on a activity type of the legal entity and other circumstances defined by law) features that afford grounds to distinguish one type of legal entity from another (I. Kucherenko [15, 4,9-10]); set of property and organization differences, property accumulation techniques, interaction pecu-liarities of owners, founders, participants, their mutual obligations and counterparty liability (V. Martemianov [17, 75]). Such features are considered as a complex legal characteristic of relations arising from the creation, operation and liquidation of a legal entity, include such parameters as the nature of the relationship between the founders in course of the organization creation and management, as well as the legal regime of property assigned to the organization, and the nature of property obligations of the founders to the organization founded by them, etc. (D. Zadykhailo [5]).



Such attributes are also considered in the legal literature as a three types relation system regulated by law consisting of the relations arising within the subsystem "founders/ participants" between its systemic and structural elements, founders/partici-pants, in the case of the creation, operation and termination of a business company as an organization; relations arising within the subsystem "legal entity" in the case of its structural elements interaction – legal capacity, ownership regime, management procedure; relations arising between the above mentioned subsystems in the case of the functioning and termination of a business company as a legal entity including the boundaries and lines of responsibility (K. Kocherhin [14, 10; as well as 21, 24; 13, 162]).

However, the delivered positions obviously require some critical perception and adjustment due to changes in the legislative regulation of the legal organizational forms of IHEs as economic entities that have taken place during recent years. At the same time, these changes cause concentration of atten-tion around the key theoretical and practical issues determining the legal nature and systematization of the peculiarities of the legal organizational form of IHEs as legal entities.

According to Paragraph 7, Part 1, Clause 1 of the Law of Ukraine “On Higher Education”, IHE is particularly an individual type of institution, a legal entity of private or public law, aligned with the released license for conducting educational activities at certain levels of higher education; it conducts scientific, technical, innovative and/or metho-dological activity, provides the organization of the educational process and acquisition of higher education, postgraduate education by relevant applicants taking into account their vocations, interests and abilities. In addition to it, according to Part 1, Clause 27 of the very same Law, it is stipulated that IHE as an economic entity could act possessing one of the following statuses: budgetary institution; non-profit higher education institution; for-profit higher education institution. Private IHE could determine its structure, composition, work procedure and authority of governing bodies, working and advisory bodies, bodies of public and student self-government, scientific society, election or appointment procedure for heads of an institution and its subdivisions according to the charter of the institution ignoring the requirements of this Law [19].

Despite the above legislative definitions, the legislation of Ukraine does not legally define the concept of the legal organizational form of the IHE as an economic entity and does not disclose criteria whereby one IHE legal organizational form could be distin-guished from another. Meanwhile, experts point out that the correct definition of the legal organizational form of an economic entity matters practically, since it influences the institutionalization of public life and provides adequate legitimation of business entities, followed by significant affect over the maintenance of its functioning [22]. Thus, the Civil Code of Ukraine (Clause 83) [24] and the Law of Ukraine "On State Registration of Legal Entities and Individual Entrepreneurs" (Part 2, Clause 17) [20], use the term “legal organizational form of a legal entity”, the Commercial Code of Ukraine contains the concept of "organizational forms of entrepre-neurship" (Clause 53) and "organizational forms of commercial economic activity" (Clause 63) [6]. However, in accordance with the requirements of Clause 90 of the Civil Code of Ukraine, information on the legal organizational form of a legal entity should contain its business name [24], it should be stated in the statutory books (Clause 87, 88 of the Civil Code of Ukraine). A registration card is to be filled in upon the state registration of a legal entity, which the first column is to contain the legal organizational form, one main information on the legal entity put into the Unified State Register of Legal Entities and Individual Entrepreneurs on the basis of the relevant law [20].

At the same time, the provision analysis of the Commercial Code of Ukraine allows to conclude that the nearest neighbor concept to the category of legal organizational form of economic organization used in the Commercial Code of Ukraine is the "legal organizational form of enterprises" (Part 3, Clause 55, Part 3, Clause 62), "organizational form of enterprises" (Clause 63). Nevertheless Clause 63 of the Civil Code of Ukraine entitled "Types and Organizational Forms of Enterprises" does not disclose the content of such concepts as "type" and "organizational form", but provides a classification of enterprises upon certain features (criteria) including: ownership form, method of the enterprise initiation (estab-lishment) and formation of share capital; the existence of dependency relations [6; 12, 110].



In our view the legislative statement of the specificity is a key element for certainty in this matter of the legal status of the IHE as an individual type of institution, a legal entity of private or public law. In accordance with the requirements of the civil law of Ukraine, an institution is an organization established by one or more persons (founders), who do not participate in its management, by combining (allocating) their property to achieve the determined purpose at the expense of this property (Part 3, Clause 83 of the Civil Code of Ukraine [24]). It is customary the doctrine of civil law to understand an institution as "the legal organizational form of non-entre-preneurial legal entities, which could be conditionally called a form of property use and purpose to meet the social and cultural goals and interests of an indefinite range of persons" [9, 48].

The reference in the law calling IHE a legal entity of private or public law has a constitutional character, the IHE operation and development is not recognized as legitimate without incorporation by the state, that is, the legitimizing role of the legal entity institution should be noted for the IHE. Meanwhile, facilitating the creation of the IHE indicates in the form of a legal entity of private or public law that the founders of these "institutions could be any participants in civil relations" [10, 383] maximizing potential founding members of IHE not limiting its range to public entities.

The IHE establishment means in the form of a legal entity of private or public law that an IHE as a legal entity of private law is created on the basis of statutory books in accordance with Clause 87 of the Civil Code of Ukraine, while an IHE as a legal entity of public law is created by an executive directive of the state or local government body (Parts 1-2, Clause 81 of the Civil Code of Ukraine [24]. Scientists make comments on this provision of the law that the IHE incorporation on a voluntary basis through an agreement between founders stipulates that this HEI should be attributed to legal entities of private law; if a HEI is created pursuant to an executive directive of the state or local government body, it will be the legal entity of public law [23; 25, 47].

However, both cases, in our opinion, are fraught with a statement (consideration and reflection within the statutory documents) of public interest concerning the provision of

higher education services to the relevant HEIs regardless of the subject making the decision to establish the institution. On the other hand, the availability of an executive directive is also just a legal formalization of the consent of individual entrepreneurs and legal entities to create an IHE.

Having regard to the above-mentioned realization of public interest and significance of the educational sphere determined by the constitutional precept on the right to education, a social function emerges in the state ensuring equal access to education. It is obligatory for the state to participate in the system of educational organizations using the institution's build up [7, 246].

In addition to the above the higher education legislation provides for the possibility of the IHE establishing and func-tioning as one following status (Part 1, Clause 27 of the Law [19]) including budgetary institution; non-profit institution of higher education; for-profit institution of higher education. Hence, the legislator actually equates the legal status of HEIs and the legal organizational form of its functioning, which is a debatable solution [7, 246].

However, an IHE as a budgetary establishment is the type of institution under the legislation of Ukraine created by state or local government bodies and fully maintained at the expense of the state or local budget, and it is a non-profit institution (Clause 1 of the Budget Code of Ukraine [3]). An IHE as a non-profit institution of higher education should be understood as a non-profit organization that does not pay income tax in accordance with Paragraph 133.4, Clause 133 of the Tax Code of Ukraine (Subpara-graph 14.1.121, Paragraph 14.1, Clause 14 of the Tax Code of Ukraine [18]). At the same time, the legislation of Ukraine does not define the concept "for-profit institution of higher education" ("for-profit IHE"). This concept is also absent in the Classifier of Business Organizational and Legal Forms DC 002:2004 [11]. Therefore, no legislative act sets out the criteria making a distinction between for-profit and non-profit IHEs. Meanwhile, the specificity of such institutions is that they all have the right to provide paid services to individual entrepreneurs and legal entities in accordance with the law and the statute under the terms of an adequate level of educational services as the main statutory activity (Part 1, Clause 73 of the Law of Ukraine "On Higher Education").



At the same time, according to Part 3, Clause 73 of the Law of Ukraine "On Higher Education", state and municipal IHEs have the right to provide additional paid educational and other services beyond the amounts set by the state standard and beyond activities financed by the respective budgets. Hence, the nature of such service provision implies payment, so it is a profitable one. In addition, the provision of educational services is one of the main IHE objectives (Part 1, Clause 26 of the Law of Ukraine "On Higher Education" [19]).

A for-profit institution of higher education seems to be understood an educational institution in opposition to the legal nature of a non-profit institution, that is an income tax payer under Paragraph 133.4, Clause 133 of the Tax Code of Ukraine. In our view, the sign of profitability indicates the nature of the activity, but not the element of the legal organizational form of the economic entity, IHE in the present case. Therefore, it would be better to use the design of "higher education institution seeking for profit" in order to designate the profitable nature of individual IHE types. Thus, the functioning possibility of commercial (entrepreneurial) HEIs aiming to make a profit from activities in the field of higher education and being payers of income tax will be finally enabled and legally confirmed.

Instead we consider proposals for amendments to the legislation on higher educa-tion to prohibit the status of for-profit higher education institutions1 violating the principle of equality between legal entities and economic entities, excluding another source of extra-budgetary funds for educational activities and contributing to the financial survival of domestic IHEs under market conditions.

In our opinion, another significant challenge concerning the development of the economic and legal status of HEIs is the existing (and still not eliminated) conflict between the Budget Code of Ukraine and the Law of Ukraine "On Higher Education" regarding the founding of state and municipal higher education institutions, which needs urgent solution by the legislator. For example, the Budget Code of Ukraine indicates that

1 This is stated particularly in the proposals of the

Presidium of the civil organization "Union of

Rectors of Higher Education Institutions of

Ukraine" dated June 14, 2018.

IHEs as budgetary establishments "are fully maintained at the expense of the state or local budgets"; instead, Parts 1 and 4, Clause 71 of the Law "On Higher Education" provide [19]: 1) founding of state institutions of higher education is provided at the expense of the state budget on the terms of the state order for training specialists, scientific and pedagogical staff and at the expense of other sources not prohibited by law observing principles of purposeful and effective use of funds, publicity and transparency over decision-making; 2) founding of municipal institutions of higher education is carried out at the expense of local budgets in accordance with the Budget Code of Ukraine and other sources not prohibited by law [3] (highlighted by the author). That is, the Law of Ukraine "On Higher Education" provides for the possibility attracting extrabudgetary funds to finance state and municipal IHEs and destroying the imperative legislative structure of a budgetary establishment in which form state or municipal IHEs could operate. Therefore, addressing this problem against the background of current needs of state and municipal IHE funding, adaptions to the Budget Code of Ukraine with the opportunity to include such funds as grants, gifts, charitable contributions, etc. (in our opinion, it is desirable the list of such extrabudgetary funding sources be exhaustive in law).

Another feature of the Law "On Higher Education" is the definition of an institution of higher education (IHE) as an "individual type of establishment" in Clause 1 of this Law [19] automatically causing the issue of the relation between the concepts of "establishment" and "institution" regarding the definition of legal status of educational institutions, designation of the "difference" of this type. However, as mentioned above Clause 27 of the Law reveals such an individual type of establishment through other legal concepts, as a budget establishment, a non-profit institution of higher education, a for-profit institution of higher education, that is, through an institution and an establishment. Obviously, this ambiguity in the definition of the term “establishment” relating to the IHE cannot remain unchanged, since the use of the same term for different types of legal entities (entrepreneurial and non-entrepreneurial), as I. Kucherenko noted long



time ago, creates legal chaos [16, 156]. Within this framework the above-mentioned legislative definition of the IHE status merely complicates the situation over the legal certainty of its economic and legal status failing to clarify its legal nature.

Considering recent developments in the civil and commercial law, in our opinion, we could be on board with following important features of establishments: 1) it could be exclusively legal entities of public law upon the incorporation procedure; 2) it emerges and acts on the basis of the constituent act [10, 362]. Under such circumstances, all IHEs are inappropriate and wrong considered as establishments because HEIs particularly being legal entities of private law and operating on the basis of a constituent act rather than a statute do not belong to them by virtue of their legal nature. Hence, we question the generalized legislative definition of an IHE as a special kind of establishment considering it non-universal and exclusively applicable to IHEs as legal entities of public law.

Consequently, the problem arises on the doctrinal definition of the legal status identity of all IHEs taking into account the diversity of the concept "institution" and "establishment".

Ukrainian researcher M. Babiuk has recently systematized analysis approaches to the legal nature of an IHE as follows [2]: 1) an IHE is advisable to establish upon the legal organizational form of a company; 2) an institution could act as a non-business compony; 3) an institution could be incorporated as the legal organizational form of establishments; 4) an IHE is a special legal organizational form of the institution. Instead, in the research of another Ukrainian scientist V. Astakhov generally emphasizes on the individual status of an IHE as a separate, peculiar form of legal entities without reference to the generic concept of "institution" or "establishment" [1]. Nevertheless, we agree on a position that it is inappropriate to consider an IHE as an individual legal organizational form of legal entities, since we do not consider such peculiarities crucial to separate it into an independent legal organizational form of non-entrepreneurial legal entities, but we consider only it detailing its legal status [7, 246; 10, 376].

According to our reckoning, the optimal approach to determining the status of an IHE

is the generic concept of an institution (under the context of the framework developed by I. Kucherenko [16, 304] and O. Zozuliak [10, 380-384]) as such legal organizational form of legal entities characterized by unitary principles (lack of membership); ban on direct management by a founder; the organizational nature of the legal relationships arising within the activity of this legal entity; the fact that the profit generated from the activity is not distributed among the founders; creation of an institution requires compulsory combination of the founders' property; public interests and needs of individuals who are not its members are met as a result of the activity of the institution; an orientation of the institution is determined by the will of the founder; an institution is responsible for its obligations with all the relevant property, and the founder is responsible for subsidiary liability in case of insufficiency.

Instead, we consider the scientific position expressed by N. Davydova on the appropriateness of including an IHE into establishments [7, 247] (that is, positively perceiving the current legislative fixation of an IHE as an establishment) expedient in view of enabling the legislator to create IHE in the form of for-profit IHE clearly contradicting the justified key feature of an institution as a non-business entity, that is not profit-oriented by N. Davydova.

Finally, let us pay attention to the following fact: it is known that the right to choose the legal organizational form is a component of the freedom principle of economic activity, which means that the founders independently decide the issues related to the choice of its legal organizational form. However, this right, like other manifestations of freedom of economic activity, is not infinite. Thus, taking into account public interests, the legislation in some cases clearly regulates legal organizational forms could be carried out upon one or another type of economic activity, and also it makes a certain (additional) list of requirements for certain elements of the legal organizational structure forms, due to the specificity of the functioning of economic entities in specific sectors of the market or in the service sector and the need for constant state regulation and control in these market sectors [4, 177]. These considerations fully relate to the area of free choice of the legal organizational form of the IHE: in the case of the creation of IHE as a legal entity of public



law, it could be created exclusively in the form of a budgetary institution, whereas in the case of the creation of the IHE as a legal entity of private law, it could be in the form of for-profit or non-profit educational institution. The

observance of the legal requirements makes it possible to carry out state registration of the IHE as a legal entity for the creation of an IHE exclusively in such legal organizational forms in the manner prescribed by law.

Conclusions With reference to the foregoing the following conclusions could be drawn: 1. The definition of an institution of higher education should be particularly criticized as an

individual type of establishment (IHE as an establishment) provided by law due to the legislature's misidentification of institutions and establishments within the design of the IHE status, that is not generally consistent with the legal nature of the establishment.

2. The legal structure of an IHE as a special kind of institution used amid the latest developments in legal doctrine, which is appropriate to use for the adjustment of legislative norms, is optimal for the interpretation of key elements of the IHE legal status.

3. In accordance with the above approach, an IHE should be considered as a special type of institutions (rather than establishments) created and operated in accordance with the law and statute as legal entities of public and private law within the legal organizational form of a budgetary establishment (institution), non-profit or for-profit (profit seeking) institution, which main purpose is to conduct educational, scientific, scientific and technological, methodological and innovative activity in accordance with the goals, objectives and volume of the IHE economic competence prescribed by law and IHE statute.

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European Science Pedagogy

NON-TRADITIONAL TECHNIQUE OF MULTIPLE ACTIVITIES AS A MEANS OF CORRECTION OF THE THOUGHT OF OLDER PRESCHOOLS

Irina Voityuk Senior Lecturer at the Department

of Pedagogy and Psychology of Preschool Education and Children's Creativity,

National Pedagogical Dragomanov University, Kyiv, Ukraine

UDK 273.2.016-056.2/.3:159.922.72

Abstract. The study deals with the problem of thinking correction senior preschoolers with intellectual disabilities. In Article the relationship of pictorial activity to the general mental is revealed

development of children, enabling the author of the study to use the latter for diagnostic purposes, and in defectology as an effective means of correction abnormal child's psyche.

Non-traditional techniques are characterized pictorial activity as a means of correcting the thinking of the elder a preschooler with intellectual disability; isolated and unconventional drawing techniques are selected depending on the major ones surgical thinking disorders and their manifestations in older preschool children age with impaired intellectual development.

Related species unconventional pictorial activity according to the stages of its formation. Keywords: senior preschool age, corrective means intellectual development, non-traditional techniques of pictorial activity.

Introduction In the light of European integration processes, reinforcement humanistic trends in education and

upbringing of the younger generation that take place in modern Ukraine, training and education are of particular importance socialization of children with special educational needs.

The level of civility the country is determined by the attitude to the "special" children, to their needs, psychological and pedagogical correction and support. Theoretical analysis indicates that older children have preschool children age with impaired intellectual development visual figurative thinking characterized by a lag in the pace of development.

Preschoolers do not know how independently summarize the experience of everyday action with the objects in them lack of awareness of the situation in need of use conventional instrument, and leads to the absence of transfer of the means of action.

In children with intellectual disabilities are actually missing the real one attempt, they repeat the same actions that do not productive. Such preschoolers do not need to be aware situations by analyzing their actions in external speech.

The last one leads to a lack of communication between practice and verbal their designations. So, we have a real development between the action of a child and the word: the experience is not fixed in the word, it is not generalized, so the images and ideas such a preschooler is slow and fragmented.

Seniors Preschoolers with intellectual disabilities are unable to solve visual tasks because they have little or no communication between action, word and image. At the same time, the formation of a logical one suffers thinking.

In these conditions, development of great importance becomes timely formation of visual forms of thinking that can qualitatively and fundamentally change cognitive activity of the child and positively influence the development of thinking providing effective preparation for schooling and socialization into society.

For our study, the thesis that thinking of a child is important formed during various activities (subject, game), communication, in unity with mastery of speech.

Pedagogy European Science


That is why it is important to find effective means of correction of thinking older preschoolers with intellectual disabilities who would allowed to offset the main difficulties on the way to the formation of thinking (difficulty in understanding tasks, poorly developed reflexive "I", no awareness of their emotional state, difficulty in verbalizing their problems and experiences, increased anxiety, and adjust several at once basic types of thinking operations.

All these tasks are presented in a logical way unities can be realized when performing unconventional techniques pictorial activity.

Analysis of recent research and publications. In pedagogical on psychological practice unconventional pictorial activity is considered as a set of techniques that are built on application and use unconventional drawing techniques that are stimulating creative displays of children with intellectual disabilities, allow for correction of thinking and perception of reality, expanding the horizons of the emotional, volitional, motivational spheres [1; 3; 4].

The theme "art and children" has always attracted the attention of researchers. The influence of art on personality was studied by philosophers (Y. Borev, M. Kagan, L. Stolovich,

S. Rappoport, Y. Krivtsun, V. Fedoruk); psychologists (L. Vygotsky, A. Leontiev, V. Mukhina, A. Zaporozhets, S. Rubinstein, B. Teplov, T. Jacobson); scientist in the field of special pedagogy (L. Vygotsky, O. Borovyk, I. Yevtushenko, E. Yezhanov, O. Gavrilushkin, T. Golovin, I. Gorshenkov and others).

Investigation of the influence of art on the child's personality, application art therapy as a means of psycho-correction in dealing with children with special needs educational needs, such scientists engaged in unconventional drawing techniques, as: O. Babiak, I. Beh, N. Bilanik, I. Brusenka, L. Vygotsky, L. Vasilevskaya, O. Gavrilushkina, I. Gladchenko, O. Grabrov, T. Golovina, Zh. Demor, M. Demianovich, J. Decroly, M. Efimenko, K. Zelinskaya, O. Kompanienko, T. Kostenko, T. Kuzmenko, M. Lovenfeld, V. Lyubota, I. Malashevskaya, N. Manko, O. Papeeta, V. Pshenichna, O. Polovina. M. Richardson, V. Sinyov, O. Soroka, L. Rudenko, O. Khokhlin, M. Fedorenko, F. Chizen, M. Sheremet, D. Shulzhenko and others. Pedagogical aspect of artistic and aesthetic education in preschool pedagogy represented by the works of N. Vershinina, N. Vetluhina, T. Komarova, N. Sakulin, O. Dronova, T. Kazakova. So, as we can see, there are numerous attempts to date to study the influence of art on the formation and development of a child's personality, but the direction of mindset correction remains poorly understood senior preschooler with intellectual disability by means non-traditional pictorial activity.

The purpose of the article is to describe

non-traditional techniques pictorial activity as a means of correcting the thinking of a senior preschooler with impaired intellectual development; isolate and select species unconventional drawing techniques depending on major operating disorders thinking and their manifestations in older children with disabilities intellectual development.

Basic Study Material On the Importance of Imagery activities for a child of preschool age emphasizes a well-known specialist A. Garilushkin. She believes that preschoolers have the greatest influence on the child's personality is an imaginative activity. But the relationship imaginative activity with the overall mental development of children makes it possible use the latter for diagnostic purposes, and in defectology as effective means of correcting the psyche of an abnormal child [2].

L. Terletskaya emphasizes the therapeutic and corrective effect on a child with special educational needs through art. She proves

that through the arts it is possible to teach a child to express his feelings, positive sense of the world, promote the development of thinking, generate feelings internal control and personal dignity [6].

Scientists focus on the difference between traditional techniques corrections and corrections by means of pictorial activity. The point is that the latter uses the "language" of visual and plastic expression. And it is very important for children with intellectual disabilities for of which verbal signs are not yet fully understood (no experience has been reported in the word, not generalized), but kinestical, non-verbal means are perceived more naturally [1].

Also, remember. that is pictorial activity has a curative therapeutic function. Through product activity senior preschoolers with intellectual disability with help correctional teacher, psychologist have the opportunity to affirm personally; successfully identify with peers; they are formed desire, need to share their successes; to realize their self-worth,



stimulate reflection. Unconventional imagery helps compensate for the violation of the emotional background of the child, to overcome disharmony of the child's self-esteem, creates a variety of conditions that the child needs consciously express themselves in this activity.

The use of unconventional drawing techniques is different dominant psychotherapeutic function and has no contraindications for them use in children with intellectual disabilities. Using unconventional imagery for correction thinking of older preschoolers with intellectual disabilities has its advantages as the main principle of work is the individual approach. Which takes into account the compensatory capacity of each individual child.

The uniqueness of the use of non-traditional types of pictorial activity also that it creates in the child the desire to assert self-worth his "I", which is reflected in the artistic results activities. According to the views of the creative concept rational approach of

V. Bekhterev, O. Voznesenskaya, I. Sechenov, V. Petrushina stimulates intellectual and emotional resources personality.

So, with the help of art, and in our case, unconventional imaging technicians can be active socialization and correction of thinking of a senior preschooler with problems intellectual development. Art combines the interactions of cognitive, social and subjective layers of development; he has a special role in transforming the personality and creative realization of it as a subject of culture;

From the earliest age of a child, art enters the infant world through signs, images gradually expanding his subjective expression, stimulates cognitive, mental and social activity.

A theoretical analysis of the literature on the problem of research allowed us to select and select types of non-traditional drawing techniques depending on major operating disorders of thinking and their manifestations in older children preschool age with intellectual disabilities that are presented in Table 1.1.

Table 1.1

Non-traditional drawing techniques for correction of thinking in children senior preschool age with intellectual disabilities

Features of thinking of children preschool age with a disorder

intellectual development

Kind of unconventional techniques drawing for correction

Disorders of all mental operations (analysis, synthesis, generalization)

Egg shell applique with painted picture watercolor; drawing by matches boxes; foam rubber stamping; stamping with potatoes; drawing by semi-dry hard brush; collage

Decreased mental activity processes (not search activity decisions, indifference to the result and the process of solving even a game tasks)

Spotography with spray; spotting; painting balloons

Speech underdevelopment Hand drawing, cam, drawing fingers; pencil bundle

Limited practical activity Foam rubber stamping; stamping with crumpled paper (cloth); drawing with feet

Awareness and chaotic actions in the process of solving problems

Painting from spilled paints; reflectionleaves; colored glue; painting food film

Not critical thinking Monotype is substantive, landscape monotype; magic balls

Poorly oriented in space, no can evaluate the propertiesobjects and the relationship between them

Drawing with soap bubbles; stamping with potatoes; frontage

Violation of regulation of own behavior drawing with soap bubbles; common spray; drawing with feet

The predominance of negative emotional states (anxiety, irritation, anxiety)

Drawing with wax chalk (candle) with prescription watercolor; soap drawing bubbles; nitrography; machinery "Magic" drawing; painting kicking



Table 1.1. basic non-traditional techniques are presented imaginative activity and the kind of intelligence features to correct thinking in older children with intellectual disabilities development.

Before moving on to the content feature unconventional pictorial activity, let's dwell on the features the process of forming pictorial activity in preschool children with impaired intellectual development. Yes, a well-known specialist in this A. Gavrilushkin's question considers that the process of forming is pictorial activity consists of three stages:

Propedeutic stage: children are taught to perceive diversity images, acquainted with the materials and means of the image activities that develop visual-motor coordination. During this period the tutor many draws, sculpts and builds for children, motivating them to personal activities in imagery. By the end of the first year of study children reach the level of primitive images.

Therefore at this stage use the actions of children to follow the adult model .

The period of mastering the ability to portray various subjects. Object drawing, sticky, applications are made only from nature (available referring to new items that were not in the child's pictorial experience). There is no demonstration of the means and sequence of performance at these sessions. Children draw, glue, paste on the basis of examination (purposeful subject analysis), which is carried out under the guidance of the tutor. Children

are taught to distinguish the main parts, to see in the subject form, color, arrangement of objects. All these qualities and features that were highlighted in the survey process is reflected in the word and then in the image. It is important importance is given to the perception of the child of the object as a whole, the formation positive emotional attitude to this subject and activity through why the quality of child-made images is enhanced and improved. On this stage, children are taught to analyze volumetric and planar samples;

Periods of development of plot drawing and modeling.

In this time, children are taught pre-planning, conception, comparing images, evaluating your own work and that of your friends. The subject of pictorial activity is expanding significantly. Children motivate to display in the drawings the content of story-role-playing games stories, fairy tales, familiar poems [2, p.32].

We emphasize that the success of work on the development of older people's thinking preschoolers with intellectual disabilities by means non - traditional pictorial activity depends on learning methods from adequacy of selection of types of unconventional drawing, from consideration individual and personal capacity of each child.

Characteristics of types of non - traditional pictorial activity in accordance with stages of its formation are presented in table 1.2.

Table 1.2 Characteristics of types of non-traditional pictorial activity according to the stages of

its formation Stages formation

depicting activities for O. Gavrilushkina Kind of unconventional pictorial Activities

Propedeutic stage

Observing the activity of an adult; drawing with fingers; imprint seals with potatoes; hand drawing; stamping crumpled paper, foam rubber, matchstick box, potato stamps, etc.

Mastering skills portray are diverse subjects

A rigid semi-dry brush; foam rubber printing; printing with plugs; wax chalk + watercolor; candle + watercolor; prints leaf; drawings from the palm; painting cotton swabs; magic ropes.

Development plot picture, drawing and molding

Drawing sand; painting soap bubbles; tubular stenography; monotype landscape; stencil printing; monotype subject; ordinary claxography; plasticine; drawing with feet

As can be seen from Table 1.2., each stage of development in the preschool childhood should

conform to unconventional imaging techniques activities. A variety of unconventional imagery activities it is accessible to preschoolers with intellectual disabilities. To main types of non-traditional



pictorial activity include: reflection leaves; drawing with a palm, a cam; drawing by semi-dry hard brush; stamping with potatoes; foam rubber stamping; printing with crumpled paper (cloth); drawing by matches boxes; drawing with fingers; spotting; spray-on spotting; nitrography; common spray; painting from spilled paints; monotype subject; landscape monotype; black and white tattoos; color gratings; frottage; drawing with wax chalk (candle) with prescription watercolor; drawing with soap bubbles; eggplant applique watercolor painted shells; collage; "magic" technique images; drawing with feet; drawing on wet paper, drawing paper, balloons.

Conclusions Therefore, unconventional imaging techniques are a very effective tool for formation and

correction of thinking of children with intellectual disabilities development. You can use this tool as an element of psycho-correction, thereby affecting the quality of the verbal contact. Correction of thinking with the help of drawing is realized through the projection of the individual feelings of the child, reflects the attitude of the preschooler to others, and the main thing - to yourself. Use of non-traditional imaging techniques activities help the child navigate the space, evaluate properties of objects, adjust sensory development; significantly affects operational thinking components (analysis, synthesis, generalization, comparison), on the effectiveness of solving visual problems; the formation of the positive self-esteem of the child; on the release of negative feelings; motivation of interest to intellectual activity, to the knowledge of the world and art. Trace emphasize that the techniques of unconventional imagery are in themselves activities have a psychotherapeutic, corrective action that is positive affects the whole development of a child with special educational needs and development of thinking in particular. Researchers emphasize that the main corrective mechanisms of therapy of art, and in particular means non-traditional pictorial activity is sublimation (expression negative feelings and emotions (including aggression) in the socially accepted form), catharsis (breakthrough, purification and release from destructive experiences), projection (transfer of personal qualities to the drawing).

Unconventional imagery is not just a means of correction thinking, but also contributes to: • development of fine motor skills and tactile perception; • development of spatial, visual-figurative thinking; spatial Orientation on a sheet of paper, eye and visual perception • development of attention, imagination, perseverance and creativity; • flexibility in dealing with different material, control skills and self-control; • formation of aesthetic feelings; • development of self-perception and self-esteem; • development of communication skills. All kinds of non-traditional pictorial activity can be passive (involves the process of contemplating

the child's actions adult; preschooler 's motivation for personal activity imagery) and active (implies the ability to stand out main parts, see in the subject form, color, arrangement of objects on based on purposeful analysis of the subject, creation of a product of art).

According to the form of conducting non-traditional pictorial activity distinguish group and individual forms, as well as structured (has a clear defined purpose, theme, lesson plan) and unstructured (free).

The choice of form of conduct depends on the level of development of the child and her specific features, as well as the issues it needs psychocorrection [5].

According to experts, non-traditional pictorial activity should based on the following principles: • lack of traditional display of image and sample the tutor; • use of models, algorithms, schemes, constructions for the natural mastering the image process; • constant positive assessment of the child's activity and the individual the use of friendly advice; • conducting classes only if children have a desire to create Another important point is the use of unconventional imagery activity is compliance with safety

rules: materials must be non-toxic, care should be taken to ensure that the child is not harmed himself. Particular attention is paid to the formation of neatness and skills self-care: the baby is offered help with cleaning after such activities and hand washing, which is very important for formation the personality of children with intellectual disabilities and their success socialization into society.



The main figurative materials for the unconventional pictorial activities are: paints (gouache, watercolors), food colors, white, oil, crayons, pencils, felt-tip pens, brushes of different numbers, foam rubber, sponges, stamps, palette, paper, drawing paper, wallpaper, wooden planks, birch bark, easels, artificial glass, threads, cocktails tubules, candles, toothbrushes, poles, dried inflorescences.

Non-traditional techniques of pictorial activity in working with seniors Preschoolers with intellectual disabilities can to use for the purpose of correction of thinking, its diagnosis, formation positive value to oneself, to adults, to peers, overcoming the difficulties of personal development.

Therefore, unconventional imagery is a universal tool correcting the thinking of older preschool children with disabilities intellectual development and involves the formation of experience of expression attitude to the environment, to yourself, optimistic about the future personality formation.

References 1. Art-pedagogy and art-therapy in special education: a textbook for stud. average and higher.

ped. educational establishments. Moscow: Publishing Center Academy, 2001, 248 p. [in Russi n]

2. Gavrilushkina O. P., Sokolova N. D. Education and training of mentally retarded preschoolers. Book for the tutor. M .: Enlightenment, 1985, 72 p. [in Russi n]

3. Kiselev M. V. Art therapy in working with children: a guide for pediatric psychologists, educators, doctors and specialists working with children. St.-Pb.: Speech, 2006, 160 p. [in Russi n]

4. Neverovskaya I. Art-pedagogy and art-therapy with children with special educational needs. Psychologist. 2012. 19, pp. 43 - 47. [in Ukrainian]

5. Osipova A. A. General psychocorrection: a textbook. Moscow: Sphere, 2002, 510 p. [in Russi n]. 6. Terletskaya L.G. Health Psychology: Art Therapy Technologies: Tutorial. Kyiv: Slovo Publishing

House. 2016, 128 p. [in Ukrainian] 7. Yatsenko T. S., Gluzman A. V., Meloyan A. E., Auz L. G. Deep psychology. Aggression:

Psychodynamic theory and phenomenology: monograph / ed. T. S. Yatsenko. Kyiv: Higher School-XXI, 2010, 271 p.[in Ukrainian]


European Science Philosophy

THE PROBLEMS OF MODERN HERMENEUTICS

Yuliia Butko PhD., senior lecturer of the Department of Philosophy

Socio-political and Legal Sciences, SHEI «Donbass state pedagogical University»,

Sloviansk, Ukraine

Abstract. The article discusses the problems of hermeneutics. At the XXI century, the question is being asked about the ways of developing philosophy, a search is being made for a new paradigm of thinking that would correspond to the modern spiritual needs of mankind, which have developed under the influence of political,

economic and social conditions. The need for dialogue between different cultures, an attempt to find harmony and mutual understanding in ways to solve common humanitarian problems is especially acute. According to Y. Hintikka, contemporary philosophical thinking experiences “a relative lack of major breakthrough ideas in different sub-areas of philosophy”, due to the fragmentation of philosophical efforts into individual traditions and "schools", the lack of cooperation between them. Today it is necessary to realize ideas that can indicate the goals of philosophical research and identify ways to achieve them. In this regard, the appeal to the intellectual experience of philosophical hermeneutics, which seeks to shed light on the fundamental conditions of the phenomenon of understanding in all its methods (scientific and extra-scientific), is relevant and modern. Keywords: hermeneutics, modern philosophy, society, cognition, text, philosophical hermeneutics, interpretation, structuralism, poststructuralism.

Introduction In the philosophical thought of the new millennium, the Greek word “hermeneutics”, meaning

“interpretation”, was included as the name of an influential philosophical trend of the 20th century, in which understanding is considered as a condition for understanding social life. Modern hermeneutics opposes such approaches as structuralism and poststructuralism, causing considerable interest in philosophical knowledge, as well as numerous disputes among scientists regarding the claim of hermeneutics to occupy one of the main niches in the field of modern culture and philosophical science.

Among such thinkers is the modern German philosopher H.-G. Gadamer, whose world philosophy has put on a par with such prominent representatives of scientific philosophical thought of the 20th century as M. Heidegger, K. Jaspers, E. Junger. This happened due to the fact that, despite the obvious crisis of scientific discoveries in the field of philosophical science, Gadamer's philosophy showed that attributing the sign of hermeneuticity to any philosophical paradigms is untenable. According to Gadamer, only that philosophy can rightfully be considered hermeneutical, in which understanding and interpretation have the meaning of independent constituents. Gadamer's dominant hermeneutic position is dominated by the ontological interpretation of the subject of knowledge, which allows one to overcome the one-sided epistemological orientation by including issues of world perception and the meaning of life in the problems of hermeneutics. The absence of any method of knowing the truth enriched modern hermeneutics with a characteristic of pluralism in the problem of understanding.

Literature review. The characterization of the substantive elements of the concepts of individual representatives of philosophical hermeneutics is given in the works of V. Asmus, V. Bibikhina, T. Vasilyeva, D. Varygina, T. Vasilyeva, K. Dolgova, B. Dochevoy, P. Gabitova, P. Gaidenko, I. Garina, Z. Zaitseva, S. Zemlyanoy, I. Kona, V. Kuznetsova, M. Kuznetsova, P. Kulisa, B. Malakhova, L. Mikeshinoy, A. Mikhailova, A. Mikhailova, V. Molchanova, S. Odueva, A. Pigaleva, T. Polish, A. Rakitova. The lack of such research leads to the need to fill existing gaps in scientific doctrine and conduct specialized research on modern problems of hermeneutics in XXI century.

Philosophy European Science


The purpose of the article is to carry out a comprehensive analysis of philosophical hermeneutics.

Research methodology. During this research we basically relied on the historical and philosophical analysis of the concept of modern hermeneutics. Also, an analytical method of research was used to review the philosophical and historical material in determing the theoretical and methodological foundations of the study.

Research results. The field of application of hermeneutic techniques gradually expanded, and modern hermeneutics

arose at the beginning of the last century as a universal methodology of the humanities, the "sciences of the spirit." In this regard, hermeneutics today opposes such approaches as structuralism and poststructuralism.

Hermeneutics is one of the directions of modern philosophy and is a philosophical doctrine of understanding. Hermeneutics underwent significant changes in the process of its development, the vector of which can be briefly expressed as a movement from the doctrine of the method (Schleiermacher, V. Dilthey and others) to the doctrine of being (M. Heidegger, H.-G. Gadamer and others).

According to Varygin D. “Practice can be contrasted with theories as a set of rules that govern this practice, and as an activity that is designed to clarify, develop and correct such rules if necessary. This is where the difficulties begin. The fact is that within the framework of hermeneutics itself, despite the fact that philosophers such as M. Heidegger, V. Dilthey and H.-G. Gadamer, there is as yet no theoretical approach that has been universally recognized. In general, much has been done in hermeneutical philosophy: in particular, it is determined what hermeneutics is, the rules of interpretation are introduced, leading as a result to the most complete understanding. But we must say that all these rules are somewhat vague and make sense only in any specific situations. We can say that these rules are not sufficiently substantiated and formalized [1, p. 22].

Being a synthesis of science and art, formally hermeneutics is a synthesis of several sciences: dialectics - the science of the unity of knowledge, grammar - the general science of language, rhetoric - the science of the art of speech and criticism as the science of determining the authenticity of texts, i.e. for him there is a synonym for creative philology.

It can be agreed that hermeneutics is indeed in many ways an art, and not a strict science. Indeed, during the interpretation, we do not just strive to create in our minds a certain image of the work (text), in its essential internal connections (which is also ideal for natural sciences, and also unattainable), but as if we are creating the work anew, within the framework of our personal meanings. Those, in fact, what happens is that H.-G. Gadamer called the "growth of being", which is an interpretation of neoplatonic emanation: "in essence emanation it is laid down that emanates an excess, and the source of emanation is not diminished at the same time” [2, p. 188].

The hermeneutics of historical existence has three stages; the first is the stage of the critical philosophy of history, critical hermeneutics, sensitive to the limits of historical knowledge, which in many ways violates the proud hybrid of knowledge; the second is the stage of ontological hermeneutics related to the study of temporalization modalities, which together form an existential condition for historical knowledge; as a result, under a layer of memory and history, a world of oblivion is revealed, a world in which, contrary to himself, there are two possibilities: either the final erasure of the traces, or their preservation, provided by the means of anamnesis.

However, these three parts are not three independent books. Although each of these ships has its own sails, their masts are fastened together so that they are a single whole and they have to go one course. In fact, the phenomenology of memory, the epistemology of history, and the hermeneutics of a historical state are permeated by a common problem - a representation of the past [5, p. 22].

Modern scholars in the field of hermeneutic philosophy come to the following conclusion: “by virtue of the never-disappearing irrationalized remainder component in any deep text, it will say something beyond the will of the author, however, the author cannot suppress his desire to interpret - only in this way can understand his own text” [3]. An important idea has been expressed here: the rational component of the text is largely due to the fact that the author himself is trying to understand his plan, his thoughts. In the process of interpretation, we seek to reveal the author’s attitude to the subject of the text. It is his attitude to the subject of the text that is the "bridge" to the objective meaning. We do not address the meaning directly, but always do it with the help of the author, starting from his text [3, p. 404].


European Science Philosophy

In the modern methodology of humanitarian cognition, this variant of hermeneutic logic is proposed: “We understand A if and only if: 1) we know the meaning of the known parts of A; 2) there is a reconstruction hypothesis h about the meaning of A; 3) endow with meaning (interpret) an incomprehensible remainder; 4) explain the role of each element (part) in the structure of the whole A relative to the hypothesis; 5) if hypothesis h allows us to explain the role of each part in shaping the meaning of the whole A,

then the process ends (we comprehend the meaning of A, that is, understand A), and if the role of any part is not explained, a new reconstruction hypothesis is formulated and the process is repeated starting from the second paragraph. And so on until the meaning of A is established” [4, p. 22-63]. As noted by V. Kuznetsov, hermeneutical logic “faces problems that are completely unusual from

the point of view of formal logic, such as, for example, the problem of direct and indirect meaning, the ratio of the initial (etymological) meaning and Uzus (commonly used) meanings of the word, “contextual following”, “tropic following”, “entimematical following”, etc. All these problems are waiting for their final solution, although some of them have been posed for a long time [4, p. 47].

Conclusions It should be noted that modern hermeneutics turns into a doctrine of being, i.e., becomes a

philosophical discipline. This became possible due to a rethinking of the place of its central category of “understanding”. Understanding from the mode of knowledge turns into a mode of being. Now the main task of hermeneutics is not a methodological focus on the phenomenon of comprehension of meaning, but the identification of the ontological status of understanding as a moment in a person’s life. In this connection, hermeneutics acquires philosophical significance and becomes a doctrine of human existence.

The development of this problem has good prospects, since it represents a new look at the modern problems of the philosophy of natural sciences. The problem of understanding is relevant for modern philosophy, including in connection with the development of the methodology of natural sciences. It seems that the development of this problem, perhaps, will bring the philosophy of natural sciences to a new level.

References 1. Varygin D. The problem of understanding in modern hermeneutics Russian Humanitarian

Journal 2018, T1, N. 1., pp. 168–172. 2. Gadamer H.-G. Truth and method: the foundations of philosophical hermeneutics. M., 1988.

704 p. 3. Gizha A. Interpretation and meaning (structure of understanding of a humanitarian text):

Monograph. Kharkov, 2015. P. 404 4. Kuznetsov V. The logic of humanitarian knowledge. // Philosophy and society. 2019. No 4. p.

47 5. Ricoeur P. Hermeneutics. Ethics. Politics / P. Ricoeur. M .: Publishing center "Academia", 1995. -

160 p

Psychology European Science


POST TRAUMATIC STRESS DISORDER AND MILITARY VETERANS MENTAL HEALTH PROBLEMS

Vlastimil Vicen Dr.h.c, doc. JUDr. Ing., PhD,, LL.M., MBA, honor. professor, University of Economics and Management of Public Administration

in Bratislava, Bratislava,Slovakia

Miloslav Hoschek Ing., PhD., an independent

«e-Silk Road», NGO, Bratislava, Slovakia

Abstract. It takes decades to start to understand PTSD as a mental health problem, fighting stress continues to be affected, the best PTSD available is dissociative disorder, from an intolerable situation. Psychological trauma is a type of damage - a disturbance of the human psyche that occurs as a result of a traumatic event. In the event that trauma results in post-traumatic stress disorder, this damage may involve physiological changes within the brain, thereby disrupting the processes within it, resulting in a reduction, disruption of human ability to adequately cope with stress and adequately. to respond to stress. Keywords: combat stress, flashback effect and post traumatic stress disorder, traumatic brain

Introduction Today, in the diagnosis of “post-traumatic stress disorder”, which is a comprehensive term

covering a specific response to trauma, whatever the cause, the syndrome of combat against military personnel is not actually there in mind Violent episodes of discomfort and intense concern, for example due to unexpected loud noise triggerre memory of trauma as it continues to reproduce traumatic memories of past events, hear, hear, and smell. They are fired by the exhaust of the car to experience again. Men may mark burning bodies and see comrades civilian casualties or injuries and death again. In extreme cases the symptoms of paranoia carry weapons to protect themselves and their loved ones against fictional aggressors or discharge discharge veterans.

Psychological trauma is a type of damage - a disturbance of the human psyche that occurs as a result of a traumatic event. In the event that trauma results in post-traumatic stress disorder, this damage may involve physiological changes within the brain, thereby disrupting the processes


European Science Psychology

within it, resulting in a reduction, disruption of human ability to adequately cope with stress and adequately. to respond to stress [1].

1. Each trauma can cause PTSD symptoms

Psychological trauma is a type of damage - a disturbance of the human psyche that occurs as a result of a traumatic event [Fig.1]. In the event that trauma results in post-traumatic stress disorder, this damage may involve physiological changes within the brain, thereby disrupting the processes within it, resulting in a reduction, disruption of human ability to adequately cope with stress and adequately. to respond to stress [7]. However, not all trauma must necessarily result in post-traumatic stress disorder.

Fig. 1. Combat pressure and PTSD behaviour

Posttraumatic stress disorder is a mental disorder [9]. Traumas that cause post traumatic

stress disorder (PTSD) are unique as any individual. Some people who have experienced trauma complain that they live as if they are foggy, there is nothing to do with them and they have trouble concentrating (attention concentration problems) [10]. Each trauma can cause PTSD symptoms.

Trauma can be caused either by human activity or by natural disaster. This includes or may include war, hostage holdings, abuse, brutal bullying, dismissal, excessive violence, earthquake, volcanic eruption (volcano eruption), flooding, tsunami, means of transport accident (car, bus, train, aircraft) or serious health problems.

2. Kiss of death

However, not all trauma must necessarily result in post-traumatic stress disorder. Veterans with mental health problems are high risk groups for substance abuse difficulties and are overrepresented in the forensic setting [1].

Fighting Stress, Mild traumatic brain injury, Post-traumatic stress disorder diagnosed as a veteran Flashback effect Problems with traumatic stress, Traumatic stress research Focus on disaster response and uniform services Knowledge of traumatic stress

Veterans with mental health problems are high risk groups for substance abuse difficulties and are overrepresented in the forensic setting. 2.1. PTSD symptoms

Many World War II soldiers lived almost normal life until their retirement. In the weeks following retirement, many World War II veterans suddenly started to attend medical facilities - hospitals - for war veterans with apparent PTSD "Kiss of death" symptoms [12]. Active labour and



activity hold PTSD symptoms at bay. Plenty of free time and concern awakens and worsens the symptoms of PTSD, or in somatic areas (psychosomatic diseases).

In World War II, the Korean War, the Vietnam War, the number of veterans affected by mental health problems has increased, and diagnostic labels for "retrograde amnesia" and "hysterical paralysis" have been US forces in the Vietnam War Using Agent Orange, who claimed them as victims in time, saw the effects of atrocities, chemical weapons, bombing of phosphorus and falling leaves Public awareness and anti-war demonstrations into the crisis of identity experienced by many soldiers In addition, many were among the protesters. There was a sense of betrayal for some, they were sending them to the believing government to fight in an unfair war, in pursuit of the inner conflict of anger. 2.2. Dealing with flashback

Flashback is considered one of the symptoms of PTSD re-experience. Even if you are rushing back, there are post-traumatic events [Fig.2]. Flashback is temporary, may maintain a connection with the current moment, and lose all awareness of what is happening around you, for example, when a rape survivor is triggered It starts to feel a certain smell or pain in her body similar to that experienced during her assault About dissociation People with PTSD may also experience separation [2]. Dissociation is an experience that may feel a disconnect from you and / or your surroundings.

Fig. 2. Compression and PTSD behavior

Prevention is important in dealing with flashback and isolation. Flashback and dissociation often

pull off some shocking events, such as encountering a particular person, going to a particular place, or other stressful experiences, thus causing flashback or dissociation. It is important to identify [7]. By knowing that most of you can try triggers and limits these triggers, it is not possible (In addition to reducing flashback and dissociation, knowing your trigger also helps with other symptoms of PTSD, such as memory of intrusive thoughts and trauma events.

3. Common symptoms and consequences of PTSD

Within each individual suffering from PTSD, a time bomb is ticking. It is only a matter of time before the symptoms of the disorder begin to manifest [13]. One can show all the symptoms of symptoms in almost everything he does, and still live what is called normal life [Fig.3]. However, little is needed to make all of the PTSD's fully developed manifestations full.



3.1. Anger Anger can still covertly exist for years before it breaks out. Many think that the conditions for

inducing anger have changed, that the original incident in the mind of the suffering individual has fallen back into the background, that it and that, all the manifestations, make no sense, because they lack any logic. However, mental disorder lacks any logical thinking - in chronic PTSD everyone and everything is the cause of anger outburst and the nearest person or subject can become the goal of this anger.

I do not know a more unpleasant situation than being angry without cause, not knowing why, without being particularly angry with someone.

Individuals suffering from PTSD retain a lot of anger and anger [3]. It is a loose wrath that is not specifically aimed at any real goal and breaks out without obvious causes. This anger boils under his hood and can break out at a totally awkward time, targeting the wrong, innocent people for no reason, petty things 3.2. Memories and Delusions (hallucinations, ideas)

The common denominator for all individuals suffering from PTSD is memories. The longer the trauma lasted or the stronger the trauma, the more intense the memories. It is difficult for an individual who suffers from PTSD to explain the nature and origin of their memories. Delusions and memories are connected. But an individual may also have hallucinations that transcend memories [4]. The diagnosis of hallucinations makes it unlikely that people will experience hallucinations. No diagnosis to cure the disease. But one can strive to heal from it. 3.3. Fear

Even after years of trauma, one is constantly feeling fear. As with anger, there is no obvious cause for this fear. If an individual can get rid of fear, he will never return. However, a person who suffers from chronic PTSD lives in constant, unreasonable fear, and often this fear is diagnosed by experts as paranoia, a general fear that never goes away and is deep inside this person.

It is pointed out that fear is an essential prerequisite for an individual to ignite anger, and that all other symptoms of PTSD are out of fear. Perhaps the most important thing is to know that any decision, any activity of an individual suffering from PTSD, contains a certain amount of fear, both in the motivation itself and in the subsequent realization. 3.4. Terrible fear

An individual with PTSD suffers from a feeling of dying shortly. Because the soldiers know death from the immediate vicinity, they are constantly devoured by fear of death and fear of dying. If someone is late for an appointment, the first idea that an individual - who suffers from PTSD - thinks the person is lying somewhere dead (had a car crash, fell off a bridge, was ambushed or murdered, etc.). Whenever soldiers say goodbye to a family, even briefly, they assume that they will never have to see their loved ones again [5]. This is not a conscious, active thought, but just something like a frightening premonition set deep in the mind of a man: "I will die, my family will die, we will all die and we will never see each other again."

These and similar thoughts can cause very dangerous behavior in some individuals. War veterans with adrenaline addiction who believe that they no longer have much life to live in, and therefore have to enjoy something in this world, is very dangerous a combination that can be a source of very dangerous behavior and behaviour, that can lead to dangerous and serious crime. 3.5. Excessive vigilance

War veterans do not like to show themselves in public. Veterans who suffer from PTSD feel insecure among people, especially Vietnamese veterans because the enemy was all around them. "By day, they cut bamboo for you on the fence, they cut your throat at night." Anytime, anywhere, someone can come and throw your unlocked grenade into the window. These soldiers, who had the task of securing space and lurking for the enemy, would never cease to look in their lives and expect the enemy to come.

The situation of former air force members is different from infantry soldiers. The pilots are also overly vigilant, vigilant and somewhat paranoid (they still look for intruders out of the window), but they are not as tense as pawns. When they found something suspicious as a helicopter pilot, they simply killed a person who didn't like them. Infantry soldiers have sometimes never seen an enemy, have never seen flashes of enemy weapons, just hear bullets whistling over their heads. Their fear was sometimes ubiquitous and overwhelming, insurmountable, because all they could see was the bodies of their comrades shot to pieces.



3.6. Anxiety Fusion of fear, horror and uncertainty, which is combined with several memories and

hallucinations, creates a precondition for certain and fully developed anxiety. But the positive aspect is that a person's anxiety level can be an indicator of what's happening inside an individual who suffers from PTSD.

When you stand behind a former infantryman and tap his shoulder, you will see that he immediately leaves the room. Most of the former infantry soldiers sit close to the wall, or directly back to the wall. They sit near the exits. They're always on alert, theirs "Alarm reflex" is increased: "The danger to them lurks everywhere."

One has to learn to follow the symptoms of his or her own PTSD and know what to do if these symptoms begin to grow. The main symptom (common to all) is the overall level of human anxiety. In general, the level of anxiety can become a barometer for measuring PTSD range. When anxiety attacks become too frequent, all symptoms of PTSD begin to increase. Thus, the best way to keep PTSD under control is to be aware of the level of your own anxiety. The level of anxiety becomes a sign of when to call a friend, visit a therapist or go to a hospital, medical facility and seek professional help. 3.7. Confidence issues

It is very difficult for war veterans to re-establish intimate relationship, similar to rape victims. The fear of intimate relationship on one hand and the need for intimate relationship on the other can lead to the formation of superficial non-binding relationships, short-term acquaintances with many, and also extramarital relationships (infidelity). This issue is very complicated, irreparable, harmful and painful for someone who does not understand it, for someone who would like to grab PTSD patients by collar and shout at them: "Stand up and overcome it"! Believe it, we wish to make it so easy.

Again it is necessary to repeat: What a person experiences in war will never forget. Who can a soldier ever fully trust, as he trusts his friend with whom he shares a fire station? Or a pilot in the air who knows that the enemy is dangerously close, yet his destructive fire at the target is accurate, so he may not be worried? Whom the pilot can always trust as much as he trusts his on-board gunner, his second pilot or crew, who keeps the plane safely in the air.

In normal life, if someone says they will come in fifteen minutes, no one cares when it comes half an hour later. However, seconds are counted in combat. No pilot is fifteen minutes later. No artillery fires a target with a delay of ten minutes. And if the soldier does not show up in fifteen minutes, his friends go looking for him. 3.8. Alcohol and drug use

They think that problems cannot be solved differently than under the influence of alcohol or drugs. At least it seems to him. But in fact, the symptoms in a person suffering from PTSD, alcohol or drug use are only getting worse. Even the best psychologists are unable to act or work with someone who is in the long run of drunkenness or stealing. Such a patient is completely apathetic, with a reduced level of perception and a temporary absence of proper motivation. Therefore, alcohol treatment and drug addiction treatment (cessation cure) must precede therapy that only in this way has the chance of success. 3.9. Escape, avoidance, and deepening into a state of affairs-a defensive reaction

The diagnosis of PTSD is the determination of the patient's attitude due to the original trauma [6]. As a rule, a PTSD soldier chooses one of the following options:

1. Either try to avoid everything and anything that has to do with the armed forces, the army, the war, the fight, etc. and what reminds them of it.

2. Or try to get involved in the armed forces, the army, the war, the fight, etc.



Fig. 3. PTSD early warning sign

3.10. Sleep Disorders

Many war veterans need to sleep in separate beds, sometimes in separate rooms. They fear that they might hurt someone close to them during their dreadful dreams.

Insomnia may take several weeks. Even if a person suffering from PTSD falls asleep, normal sleep is not guaranteed. PTSD patients suffer from nightmares, nightmares, heavy dreams, and night sweats. A person with PTSD that someone watches, such as a household member or a dog, may allow him a few hours of sleep.

Psychologists who work with wives, partners, and partners of war vendors usually warn them of their methods of waking a war veteran. Usually, the best way is to wake the distance - from the opposite or next room. Above all, the sleeping veteran must not be afraid, especially since most of the war veterans in their dreams return to battle and could unexpectedly, inadequately respond. 3.11. Guilt feelings

During the war, the soldiers commit acts they are not proud of. Some soldiers are also doing things they can never mention to anyone, not even their therapists, because they are so horrible and they are war atrocities. Guilt is an interesting emotion because it even occurs in rape and incest victims as if the victims themselves were the cause of their abuse. This fits within the scope of the above quotation because many victims of abuse feel as if they were their punishment for something wrong. They feel guilty without being able to express clearly what they are for.

The question is: Can someone kill and stay guilty? Of course, we can always rationally justify our actions: we only fulfilled our duty (which will probably be hard to pay for war criminals), we only protect people's lives, they were what they started, not me ... etc. 3.12. Memory Loss and Perception Failure

In addition, when an individual loses control, explodes, and has a psychotic attack, the loss of memory is absolutely certain, and there may be a subsequent perception disorder. Recent research has shown that up to 30% of hippocampus disorders (a strip of tissue in the ventricle) occur in veterans suffering from PTSD. Hippocampus is important for memory and new learning (cognition, learning new things).

Loss of memory, inability to "think clearly", the feeling that a person is "lost in the fog": these are the most distinctive characteristics of PTSD - the most common difficulty. Immediately after the trauma experienced, "fog" begins to roll on man, and that is the moment when the patient has to seek immediate help, because if he does not seek help, the situation in which he finds himself will only get worse. 3.13. Compulsive, intrusive, persistent thoughts - obsession

In fact, this PTSD symptom belongs to the aforementioned perception disorder, because compulsive (intrusive, persistent) thoughts are an essential element of the manifestation of



perception of perception: How can one maintain the flow of thought when it is constantly under the strain of unwanted, compulsive thoughts?

Once at midnight, having a fever and contemplating the strange ties of science ancient and meritorious - when I was drooping in sleep, suddenly a very soft knock on the door - and then no more.

Patients with a solid family background who use healthy and proven therapeutic techniques recommended by specialist specialists can, in the onslaught of compulsive thoughts, mend themselves out (with a little help) from the vicious circle only by changing the form of activity when compulsive thoughts reach them. The wife can suggest a small walk, a ball game, a shopping mall, a garden or a trip 3.14. Depression

Given all that has been mentioned about PTSD, it is no wonder that most people suffering from this disorder are also subject to depression.

Fortunately, depression is completely treatable and can be kept under the control of proper nutrition, prescription medication, communicative therapy and a loving, safe family environment.

4. The psychological service for Czech and British veterans

Looking for a positive path to care for British military members being treated for a qualitative PTSD study [8]. The researcher in charge of this research seeks help in the wake of mental health problems, such as the point of the crisis, overcame shame, felt in control, so to find a psychological explanation of the symptoms and received good social support. Significant reductions were found at the level of anger and aggression after completing the program. The average level of anger after the program was below the threshold. The decline was also seen in PTSD, depression and anxiety symptoms. It was not a veteran who was unemployed, but had a poor treatment result who was in a relationship, who left the army early.

Today, there are much more frequent negative reports about problems in the Czech Armed Forces, the misconduct of ministerial officials and the failure of individual commanders than the positive results achieved by the ACR as a whole. Foreign armies and organizations that care for war veterans regularly publish information about the problems that war veterans have to return from combat missions. According to the Ministry of Defense, the Czech Republic's special forces are among the best in the world.

4.1. The Czech Situation in PTSD Psychological Service

The Ministry of Defense's Psychological Service was established by order of the Minister of Defense of the Czech Republic No. 2/2000 of 10 December 1999, to support the protection of mental health, to increase psychological preparedness and to improve the life of soldiers in active service and civilian employees of the Ministry of Defense [11], to deepen the prevention of socio-pathological phenomena, to improve the overall quality of the work of military psychologists and to ensure the necessary compatibility with the psychological services of the armies of the States of the North Atlantic Treaty Organization.

It is headed by a major MO psychologist who sets up a council for psychological service as an advisory body. The main task of the council is to ensure high professionalism and guarantee the professional quality of the psychological services provided. It develops the necessary methodological materials, proposes long-term and short-term goals and tasks of the psychological service.

To solve the problems and problems of war veterans of the Czech Republic, it is necessary that the Ministry of Defense, in cooperation with the Czechoslovak village of Legionnaires and the Association of War Veterans of the Czech Republic, quickly develop a comprehensive program of versatile care for war veterans and this program was implemented without delay. In this respect, the Ministry of Defense of the Czech Republic must respect CSN and JHA CR and act as equal partners with both organizations. Furthermore, it is necessary to:

The Ministry of Defense Psychological Service performs the following main tasks: planning, providing and coordinating psychological training; provides lecturing and teaching activities in military schools; take part in the recruitment of career seekers; provides complete psychological diagnostics for the needs of the Ministry of Defense;



provides psychological counselling; provides psychological therapy; coordinates psychological research throughout the MoD; participates in the work on the prevention of socio-pathological phenomena; cooperates with the spiritual service in the care of the human potential of the Czech Army; cooperate with non-departmental civilian psychological workplaces.

Improve the preparation and training of members of the Czech Armed Forces sent to foreign

missions in order to increase their level of resistance to stress and teach them to adequately manage the probable and possible stress situations they will face in war conflict zones.

In military hospitals and medical facilities of the ACR, train and prepare professionals who will be able and fully qualified to provide therapeutic assistance to PTSD-afflicted military personnel. Launch a broad awareness campaign on the symptoms and harmfulness of PTSD among members of the armed forces. To establish a special consultancy advisory service within the Czech Armed Forces, which will be readily available and will provide urgent assistance to people suffering from PTSD. To publish in the mass media reports on the positive results of the work of the Association of War Veterans of the Czech Republic and members of the CSOL and their activities in the society [11]. 4.2. Assistance to British military veterans

The British studies have suggested that both mild traumatic brain injury (mTBI) and PTSD have high prevalence in the population of former service personnel. However, there is an issue of precisely defining the long-term effects of mTBI and how this relates to mental health difficulties, particularly PTSD, and overlaps.

Several connections have been found between everyday functions such as closely related disorders, home care, and PTSD symptoms. Targeting core symptoms may speed up recovery by destroying the network of other interacting symptoms, so core PTSD disease.

Veterans had significantly higher suicidal ideation after controlling relevant variables. Analysis was used to identify the core symptoms of PTSD and how they lead to different elements of daily function [8]. Symptoms of core PTSD identified were recurrent thinking, nightmares, negative emotional status, detachment, exaggerated startle response. Veterans of samples for the slightly different core symptoms are most commonly found in negative emotional states.

The needs of families and friends are often very important in providing support to veterans on the road to recovery [8]. We are interested in the experiences of people close to veterans and what they can do to help. to explore the experiences and needs of Veterans' female partners. Experience and needs were barriers to seeking common challenges, desired support and support. Common issues separated from feelings of inequality in relationships, their own identity and combined loss, volatile environment and mental distress. The type of support desired from the partner shared with partner experts and care tailored to the partner and included a practical focus on improvement. The barriers to help were found to be practical barriers and ambivalence for the involvement of others in treatment.

Conclusions According to foreign experts on combat stress, war vendors often suffer from mental health

problems. Hundreds and thousands of soldiers are returning from combat missions, or operations with permanent mental health consequences.

The mental health of soldiers, especially in Iraq and Afghanistan, is marked by the ubiquitous danger of roadside bomb explosions, as well as unexpectedly fierce fighting with insurgents. After returning, many soldiers face various types of mental illness and others have serious problems with adapting to civic life.

Some soldiers suffer from post-traumatic stress, which can develop into severe and persistent manic depression, addiction to drugs, alcohol, antidepressants, and suicidal tendencies. War veterans often conceal their troubles, making them a mental time bomb for society.

Many new methods of PTSD treatment are currently being studied in the world. But the simplest and most direct means of coping with PTSD by man is his consciousness of his own mental state (knowing his own mental conditions), having a place - a home where he can resort and have friends he can confide to when he is badly off. Conflicts in the world and especially the current struggles in Afghanistan will create and bring home a new generation of veterans who will suffer from PTSD.



Nowadays, we often witness that a corrupt or arrogant ministerial officer has a higher legal status, greater convenience, better security, and advocacy than a crippled war veteran. Worrying about their health is the last thing that ministerial officials are interested in, and using a professional knowledge and experience of war veterans is absolutely no account, nor has any meaningful program been developed yet.

There are many ways to learn how to handle PTSD, whether you, your spouse or your partner or your partner. As a PTSD spouse or patient partner, you need to learn kindness and patience, which is the first prerequisite to help your partner: you have not caused or caused it, nor can you cure what you can do to provide support to your partner and guide him or her along the right path of healing.

References Books: 1. TRIMBLE M. (1985). Post-traumatic Stress Disorder: History of a concept. In C. R. Figley

(Ed.), Trauma and its wake: The study and treatment of Post-Traumatic Stress Disorder, pp. 5-14. New York: Routledge, 2013

2. van der KOLK B., FARLANE A., WEISAETH L., (1996). Traumatic stress: The effects of overwhelming experience on mind, body, and society. New York:Guilford Press. ISBN 1606238450 / ISBN-13 9781606238455.

3. American Psychiatric Association, (2013). Diagnostic and statistical manual of mental disorders: DSM-5. Washington, D.C.:American Psychiatric Association. ISBN 9780890425541.

4. WEISAETH L. FRIEDMAN M., KEANE T., RESICK, P. The history of psychic trauma. In: (Eds). Handbook of PTSD: science and practice (2nd ed.), pp. 38–59. New York: Guilford. 2nd, Second, 2e Year: 2015 Format: Paperback ISBN: 9781462525492 (978-1-4625-2549-2)

5. Braga L. L., Fiks J. P., Mari J. J. & Mello M. F. (2008). The importance of the concepts of disaster, catastrophe, violence, trauma and barbarism in defining posttraumatic stress disorder in clinical practice. BMC Psychiatry, 8(68). doi: 10.1186/1471-244X-8-68.

6. Figley, C. R. (Ed.) (2012). Encyclopaedia of Trauma: An Interdisciplinary Guide. SAGE Publications. ISBN 1506319807

Journals: 7. JONES E., HODGINS R. McCARTNEY H., Flashbacks and post-traumatic stress disorder:

Flashbacks and post-traumatic stress disorder: the genesis of a 20th-century diagnosis, British Journal of Psychiatry, 2003, Department of Psychological Medicine, School of Medicine, First received 24 April 2002, final revision 20 September 2002, accepted 27 September 2002, https://www.kcl.ac.uk/kcmhr/publications/assetfiles/historical/Jones2003-flashbacks.pdf

8. TURGOOSE D., MURPHY D. Anger and Aggression in UK Treatment-Seeking Veterans with PTSD. by Healthcare (Basel). 2018 Jul 21; PMID: 30037117 PMCID: PMC6164712 pii: E86. doi: 10.3390/healthcare6030086.

Data, reports, thesis: 9. LEVIN D., SHUM, R., CHAN C., Review of ‘Understanding Traumatic Brain Injury: Current

Research and Future Directions,’ edited by Harvey 40 10.1080/87565641.2015.1020947 https://www.researchgate.net/publication/276148209_

10. SAR, V. (2011). Developmental trauma, complex PTSD, and the current proposal of DSM-5. Eur J Psychotraumatol, 2(10). doi:10.3402/ejpt.v2i0.5622 PMCID: 3402152.

11. KULÍŠEK J. Posttraumatická stresová porucha Duševní poruchy a poruchy chování, Diagnostické kategorie: reakce na závažný stres a poruchy. available from: http://www.onwar.eu/wp-soubory/Kulisek_Studie_PTSD.pdf

12. READ K., SHEEHAN J., Huerta M., Sizing the Problem of Improving Discovery and Access to NIH-Funded Data: A Preliminary Study, Published online 2015 Jul 24. doi: 10.1371/journal.pone.0132735,PMCID: PMC4514623, PMID: 26207759:, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6164712/

13. Posttraumatic stress disorder. (Oct 18, 2019). Traumadissociation.com. Retrieved Oct 18, 2019 from http://traumadissociation.com/ptsd.html. Read more: http://traumadissociation.com/ptsd/history-of-post-traumatic-stress-disorder.html


European Science Sociology

CURRENT TRENDS OF SOCIO-ECONOMIC STRATIFICATION OF THE SOCIETY

Dmitriy Lazarenko DrSc., Professor, Director of Slovyansk Scientific Educational

Institute of University of State Fiscal Service of Ukraine, Sloviansk, Ukraine

Leonid Mozgovoy DrSc., Professor, Head of the Department of Philosophy,

Socio-Political and Legal Sciences, SHEI «Donbass state pedagogical University»,

Sloviansk, Ukraine

Abstract. The nature of the stratification system is changing in Ukraine. Previously, in society, an ethacratic system built on administrative and power hierarchies and formal ranks prevailed, in modern society the formation of a stratification system occurs on an economic basis, when the main criteria are the level of income, ownership and ability to carry on business. Keywords: stratification of society, legislation, globalization, stratification system.

Introduction Globalization exacerbates such trends and influences the very principles of differentiation of

society into social groups. These processes also apply to our country, where there are significant changes in the social stratification of society.

The sharp differentiation of income has caused such a negative socio-economic phenomenon as the polar stratification of society.

Stratification this is a concept that in sociology means: 1) a multidimensional hierarchically organized structure of social inequality that is inherent in any

society;

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2) a process in which groups of people are hierarchically constructed according to a certain scale of inequalities. Comparing the distribution of material goods in society, the degree of social stratification, one can

see consistently high rates of growth of the deceleration coefficient. The approximation of the appropriate

coefficient to 10 may create conditions for social unrest, disturbance and indignation against the current authorities [1].

Denmark, Sweden and Finland have the lowest values of this coefficient. In these countries, the indicator ranges from 3-4. In France and Germany, it is at 5-7. The insignificant variation in the incomes of the population of these countries helps to maintain a favorable social climate. The regulatory role of the state should be directed to the implementation of programs aimed at reducing social tensions and curbing income inequality.

Purpose of the article. The purpose of the article is to analyze the current changes in social stratification in Europe, identify global trends, make a correlation assessment and determine the impact of European stratification changes on Ukrainian society.

Demographic indicators indirectly influence stratification changes in society. Every 4 days, the planet's population increases by 1 million. In recent years (2016-2019), the problem of economic inequality has intensified. Inequality varies by region of the world. According to WID world, the share of national income, which accounts for 10% of the highest income (top decile), is 37% in Europe, 41% in China, 47% in the US and Canada, and about 55% in Brazil and India.

In Ukraine, as in many countries in the post-Soviet space, the declining ratio has shown continuous growth since the 1990s. The income gap of various segments of the population has reached a significant size and has increased more than five times since independence.

The long absence of a private institute in the country and the dominance of the public sector of the economy gave rise to, on the one hand, the passivity of labor resources, and, on the other, the arbitrariness of representatives of the authorities and the bureaucracy.

The Gini coefficient is a number between 0 and 1, where 0 corresponds to full equality (when everyone has the same income) and 1

is absolute inequality (when one person has all income and all others have zero income). The distribution of income may differ significantly from the distribution of wealth in the country.

According to the results of sociological modeling of the Institute of Demography and Social Research named after MV Ptukh of the National Academy of Sciences of Ukraine, the Gini coefficient for Ukraine exceeds 45% (0.45), "although in the Eurozone it is at the level of 20-25%", which indicates extremely negative inequalities and puts Ukraine on par with countries such as Mexico and Chile, and which, according to World Bank experts, is beginning to impede economic growth and positive socio-economic transformation [6, p.4-19; 7, p.52-54].

The main tendencies of social differentiation of modern society and the problem of their influence on the development of labor relations are of increasing interest today for many national economists and sociologists. Some try to theoretically understand and explain the stratification of the modern society, others offer different stratification models of development, others justify the feasibility of introducing a progressive regulatory tax system.

The graph in Fig. 1. shows the undulating curve of inequality and growth in the world from 1980 to 2016.

On the abscissa axis, the world population is evenly divided into one hundred groups, distributed in ascending order from left to right according to income level. The top centile is divided into 10 groups, the richest of them is also divided into 10 groups, the top of which is also divided into 10 equal groups. The ordinate shows the total income growth of the average individual in each group from 1980 to 2016. For the share of 99-99.1% (the poorest 10% with the richest centile), the growth was 74% between 1980 and 2016. In total, 1% of the world's highest-income earners received 27% of all growth. Income estimates take into account the difference in cost of living between countries [5].



WID.world (2017). See data series and notes on the website. wir2018.wid.world

Figure 1. The undulating curve of inequality and growth in the world from 1980 to 2016

The multidimensional problem of social-labor relations is the subject of study by foreign and

domestic researchers. A significant contribution to the development of scientific ideas about the formation of harmonious social-labor relations belongs to the works of G. Emerson, F. Taylor, A. Maslow, F. Herzberg and others. In Ukraine these issues were investigated by O. Amosha, S. Bandur, V. Bidak, I. Gnibidenko, O. Grishnova, T. Zait, A. Kolot, E. Libanova, L. Lisogor, V. Onyyenko, I. Petrova, V. Sadova, L. Semov et al.

A number of sociology classics have more

widely considered the problem of stratification. For example, German political economist M. Weber, in addition to economic (in relation to property and income level), offered in addition criteria such as social prestige (inherited and acquired status) and belonging to certain political circles [1].

Talcott Parsons, an American sociologist, a representative of the field of structural functionalism, one of the founders of social anthropology and theoretical sociology offered three groups of distinguishing features:

• qualitative characteristics of the people they possess from birth (ethnicity, family ties, gender characteristics, personal qualities and abilities);

• role characteristics, which are determined by the set of roles performed by the individual in society (education, position, various types of professional and labor activity);

• Characteristics due to possession of material and spiritual values (wealth, property, privileges, ability to influence and control others, etc.) [2].

In some European countries, the Commission on Income Tax has been assessing the welfare of the richest people in the country. This commission calculated and adjusted the child factor, reported to the government, and made recommendations for adjusting the relevant tax legislation. It is known that in the 1920s, liberal economic relations dominated with minimal government intervention. Subsequently, this system was for a long time replaced by a Keynesian economy [7, p. 64].

Today, the nature of the stratification system is changing in Ukraine. Previously, in society, an ethacratic system built on administrative and power hierarchies and formal ranks prevailed, in modern society the formation of a stratification system occurs on an economic basis, when the main criteria are the level of income, ownership and ability to carry on business. The country has formed a numerous business layer, whose representatives make up a large part of the economic elite, and in some cases even enter the political elite of the country. Thus, with the development of market relations, new

Inco

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of re

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( %

)

Income category (centile) thousand

Sociology European Science


social groups have emerged that not only have economic freedom but also claim the highest positions in the social hierarchy.

Currently, the stratification profile of our society is quite mobile and is influenced by a number of factors - economic, social, innovation and technological, etc.

Complex and contradictory processes of institutionalization and deinstitutionalization of various social entities, positions, values, norms and patterns of behavior in different spheres of public life continue [3].

The socio-professional stratification structure of labor resources is gradually changing due to the emergence of new prestigious, high-paying professions and activities (entrepreneurial, commercial, financial, information, management, legal, etc.) in the course of reforms.

Changes in the socio-professional structure of labor resources affect the formation of the regulatory mechanism of international law.

Socio-legal norms of the mechanism of international legal regulation of employment are formed on the basis of such documents as ILO Convention No. 44 “On Assistance to Unemployed Persons for Independent Reasons” (1934) [8], ILO Convention No. 168 “On Employment Promotion and Protection against Unemployment” (1988) [9]. The impetus for the rapid development of non-standard forms of employment was the transformation processes in the sphere of social and labor relations [4, p.168].

Despite the existing social polarity of society, the middle layer is starting to form, the basis of which is highly educated, proactive, entrepreneurial social categories (businessmen, managers, representatives of the middle

management apparatus, persons of intellectual professions, farmers, highly skilled workers and employees). The middle class determines stability society and at the same time ensures its dynamic development. However, the share of the middle class is not very high and, according to various estimates, with leaves 12-25%. But there is hope that as economic reforms and the democratic development of society are carried out, the proportion of the middle class will increase in the future.

In a digital economy, a person’s employment is determined not only by his specialty. Increasing importance is determined by the set of his flexible skills.

Discussion of research results. These are the main trends in the social differentiation of modern society, which cause, of course, the increased interest of sociologists and economists. They are trying to theoretically comprehend and explain the stratification of modern society by proposing various stratification models of development. According to economists and sociologists, the most applicable in the study of the composition of social groups in modern society should be considered a stratification model, which includes the following social groups: "elite groups" that combine ownership of

property in amounts comparable to the largest Western states and means of power at the state level:

“middle class”, possessing property and incomes that ensure consumption standards, as well as claims to improve their status;

“marginalized”, characterized by low adaptation and antisocial attitudes in their socio-economic activities.

Conclusions

Economic inequality is a multifaceted global phenomenon. Insufficient attention to this problem can lead to a wide variety of political, economic and social consequences.

The global trend shows the tendencies of social stratification of society. But in developed countries it is smoothly without jerks, in Ukraine over the past 30 years strategic processes have been catastrophically fast, and according to European organizations, Ukraine has slipped into last place in Europe.

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anal zi. Pol tika / Maks VEBER; Perekl. z n m., p slyam. ta koment. O. Pogor logo. – Ki v, 1998. – S. 104–156.

2. Parsons T. «The Theory of Human Behavior in its Individual and Social Aspects» The American Sociologist Vol.27.no.4. Winter 1996. pp.13-23.



3. Rahmanov O. Soc al'na stratif kac ya klasova struktura susp l'stva: navchal'no-metodichnij kompleks. – K.: KNEU, 2011. – 21 s.

4. Kalenok I. Novejshie tendencii v sfere zanyatosti v Ukraine / I. S. Kalenok // CHern g vs'kij naukovij chasopis. – 1 (3). – 2012. – S. 168–172.

5. Facundo Alvaredo Lucas Chancel Thomas Piketty Emmanuel Saez Gabriel Zucman. World Inequality Report 2018. [electronic resource]. Access Mode:https://wir2018.wid.world/files/download/wir2018-summary-russian.pdf

6. Libanova E. (2014). Neravenstvo v Ukrainskom obshchestve: istoki i sovremennost'. Ekonomika Ukrainy. 3 (620), s.4-19.

7. Kiryuhin D. Neravenstvo i ego vospriyatie. Ideology and politics. 2 (10), 2018. Foundation for Good Politics. p. 33-77.

8. Konvenc ya pro dopomogu osobam, kotr bezrob tnimi z nezalezhnih v d nih obstavin, N 44 (Konvenc ta rekomendac , uhvalen M zhnarodnoyu organ zac yu prac 1919-1964, Tom I M zhnarodne byuro prac , ZHeneva). Access Mode https://zakon.rada.gov.ua/laws/show/ru/993_204/sp:max100

9. Konvenc ya pro spriyannya zajnyatost ta zahist v d bezrob ttya, N 168 (Redakc ya v d 21.06.1988). Access Mode http://search.ligazakon.ua/l_doc2.nsf/link1/MU88320.html

Technology European Science


DEVELOPMENT AND RESEARCH OF TEXTILE MATERIALS WITH SPECIFIED SHIELDING PROPERTIES FOR PROTECTION AGAINST

ELECTROMAGNETIC INFLUENCES

Mariia Bahrii Leading Specialist,

Faculty environmental safety, engineering and technology, National Aviation University,

Kyiv, Ukraine

Larysa Levchenko PhD, Associate professor,

Department of Automation of projection of power processes and systems,

National Technical University of Ukraine «Igor Sikorsky Kyiv Polytechnic

Institute»,Kyiv, Ukraine

UDC 538.69.331.45

Abstract. Was conducted the analysis of special clothing used for protection against electromagnetic influences for employees of the energy industry and operators of high-frequency electronic equipment. As a result of the analysis of the existing special protective clothing, regulatory framework and experimental studies, the feasibility of designing and developing textile materials for the manufacture of special protective clothing with specified shielding properties is substantiated. Criteria to be met by protective clothing were named: sufficient shielding factors, acceptable ergonomic characteristics, increased durability, preservation of shielding properties during operation. The work used as a screening substance enriched iron ore, obtained as a result of flotation at a mining and processing plant.

In the laboratory, was developed the technology of applying a shielding substance to the textile material and was testing the protective properties of textile material with specified shielding properties. The studies were performed on a mobile communication frequency (1,8 GHz) using a calibrated energy flow density meter D3-31 and at a frequency of 50 Hz using a calibrated electric and magnetic field strength meter D3-50. Was determined the shielding coefficient of the magnetic component of the electromagnetic field for the industrial frequency. Have been determined shielding factors. The technology of manufacturing a suit with shielding properties has been developed structurally removable safety features are provided in the process. The advantage of the developed design is the ability to change the degree of protection depending on the specific production


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conditions. Laboratory studies on the possibility of fabrication of textile material using ferromagnetic nanostructures have been carried out. Keywords: protective clothing, electromagnetic screen, shielding factor, latex, textile material, electromagnetic field.

Introduction

To date, a paradoxical situation has arisen in Ukraine: along with the development of high-frequency communication, increasing the number and increasing the operating voltages of transmission lines and other electrical equipment, there is a shortage of protective clothing for performing regular and repair work in the conditions of electromagnetic fields. To a certain extent, this is due to the fact that most attention is paid to the means of collective protection against electromagnetic influences - materials for facing large surfaces (including composite ones), shielding of individual technical means, solving problems of technical protection of information. However, such materials are of little use for the production of personal protective equipment, in particular shielding suits, which requires the development of new materials, the study of their protective properties and the creation of clothing to protect workers from the influence of electric, magnetic and electromagnetic fields of the wide frequency range According to the requirements of the EU-wide directive [1], it is mandatory to provide energy workers and operators of high-frequency electronic equipment with personal protective equipment against the action of electromagnetic fields, namely special clothing, special footwear and other personal protective equipment.

Problem statement. In recent years in

Ukraine several types of clothes for shielding from the electromagnetic fields were developed - electric welder apron and shielding kit for electrical engineers [2, 3]. These products are made of amorphous soft magnetic alloy wickerwork. Having acceptable shielding factors they still have a number of disadvantages: they are designed to protect against the influence of magnetic fields only of low frequencies and are not ergonomic due to the rigidity of the structure. Modern composite materials are more suitable [4, 5]. But they use micro- and nanotubes woven into the fabric, that is, built on the principle of fabric with wires, which is used in Ukraine in the energy sector and requires grounding, not sufficiently resistant to mechanical influences, etc. In addition, the aforementioned materials and articles are of great value. In recent years, there has been a number of studies and applications on composite metal-polymer isotropic materials [6, 7]. But these materials are designed to protect against very high and ultra high frequency screens. However, they have a sufficiently large thickness and cost and are entirely composed of polymer fibers, which is not entirely acceptable for the manufacture of workwear. The production of protective materials using shielding particles in a polymer matrix is promising [8, 9]. But, for example, ferrite particles are large enough, so the material must have a large thickness to obtain an acceptable shielding

factor. Recently, a number of studies and developments have been carried out showing that fine iron ore dust is very good filler for shielding materials, while increasing dispersion increases the shielding coefficients. For iron and iron-containing particles this figure is even better [10, 11]. But the general disadvantage of these developments is the use of exclusively polymeric media. Therefore, it is promising to develop a protective metal-containing coating on a textile carrier.

The purpose of the work is to develop a material for shielding electromagnetic fields on a textile basis, to study its protective properties and to create protective clothing from it.

Research results. The material to be

used for production of special clothes for protection against influence of wide-range electromagnetic fields must meet the following requirements: - sufficient shielding coefficients for the low

and high frequency electromagnetic fields, and suitable for the protection of workers operating under the influence of industrial frequency electromagnetic fields and its harmonics and servicing wireless communication equipment (ultrahigh frequencies);

- acceptable ergonomic characteristics - thin, elastic;

- high tensile strength and heat resistance, acceptable thermoregulatory properties;



- protective properties stability after washing. Thus, it is hard to create protective

material, which can satisfy all these requirements. That’s why, it is better to provide the first and second requirements, and to design combined protective clothing, with protective inserts into the suit between the layers of the base material and the substrate. Such technology is well developed for the production of armor protection [12].

For production of protective elements a special technology has been developed. The carrying fabric is linen, which is the most widely used for production of working cloths. Its advantage is high porosity of the fibers, which increases the adhesion of the screening substance to the base.

The screening substance chosen for the development is enriched iron received by flotation at the Poltava Mining and Processing Plant. Unlike iron ore, which settles on filter curtains, there is much more iron in this concentrate (up to 73%) and its compounds (up to 20%). In addition, its dispersion is higher. This makes it possible to obtain a material of small thickness with sufficient shielding factors.

Iron ore is dissolved in standard liquid latex in quantity 15-20%. This mixture is applied to a linen cloth, rolled through the rollers and dried.

As compared with the technology described in the work [13], the amount of iron substance is increased and the pressure during rolling is increased. This made it possible to obtain more elastic and thin material (up to 0,25 mm).

The protective properties of the material have been tested. The research was performed for the mobile communication frequency (1,8 GHz) using the calibrated energy flow density meter D3-31 and for the frequency of 50 Hz using the calibrated electric and magnetic field strength meter D3-50.

For the industrial frequency, the shielding coefficient of the magnetic component of the electromagnetic field has been determined (shielding of the electrical component is not a problem because of the nature of the electric field).

The results of material’s protective abilities research are shown in Table 1 and 2.

Table 1 The dependence of the shielding factor Ks of the 1,8 GHz electromagnetic field on the

number of layers of protective material n* n 1 2 3 4

s 2,8 5,6 9,6 17,0 * The shielding factor is the ratio of the energy flux density in front of the screen to that in the

protected area. The output energy flow density is 190 – 210 μW / cm2. Table 2

The dependence of the shielding factor Ks of the 50 GHz magnetic field on the number of layers of protective material n*

n 1 2 3 4 s 2,9 8,0 16,2 23,0

* The shielding factor is the ratio of the induction of the magnetic field in front of the screen to this indicator in the protected area. Output magnetic field induction is 230 – 240 μT.

As it is seen from these data, shielding factors in both situations is higher than data from [13].

This is explained by the location of shielding particles in the material. The samples of the required linear dimensions have been cut from the developed material and

placed between the fabric surface and lining. The design of the suit with protective elements is presented in Figure 1. Technological and structural features of the presented protective suit are the presence of a two-

layer lining with special holes for the insertion of protective elements. The protective elements are fully consistent with the linear dimensions of the jacket base and trousers.

As can be seen from the schematic representation of the outfit's appearance, the protective elements are missing in the jacket strap and trouser belt, which is explained by the impossibility of changing the protective elements, but given the jacket length, protection will be provided in these areas by imposing one type of clothing on another.



The safety elements are attached to the details of the base of the protective suit with button fastener, which does not affect the operational properties.

The advantage of this design is the possibility to change the degree of protection depending on the specific production conditions. The number of layers of material will not affect the ergonomic and physic-mechanical properties of the protective suit, since the protective clothing according to the technology is made with lining, the main function of which is to increase the wear resistance and protection of the human body from the negative impact of the environment. According to the specifications, the substrate is made of natural cotton or linen.

The measurements of the protective properties of the designed suit have been also performed. Measuring antennas for recording the high-frequency electromagnetic field and the magnetic field of industrial frequency were placed between the layers of the jacket material package in the chest area.

The two-layer safety elements have been used. This is explained by the fact that the minimum shielding factor must be 5 at the most common workplaces of the energy industry workers in the production environment with operating electrical installations up to 750 kV. And according to Table 2, it is provided by two layers of material.

Fig. 1. – Design of the suit for the protection against electromagnetic fields. 1 – Textile base material; 2 – Lining textile material;

3 – Textile material with shielding properties.

The advantage of the suit is that the protective elements are easily removed, which provides the possibility of washing without losing the protective properties of working cloths.

Application of the developed technology allows obtaining the protective material with the required parameters.

For this purpose, the screening coefficients of the material are experimentally determined, depending on its thickness and the content of the screening substance.

For this the known ratio for a long cylindrical screen can be used: 2 2

efs 2

(b - a )K4b

, (1)



where: Ks – is the shielding factor;

ef – efficient magnetic permeability of the material;

b and a – are the outer and inner radius of the screen (b–a is the wall thickness).

Experimental data on the shielding factor using the Comsol software package determine the

dependence of the magnetic permeability on the geometric and physico-chemical parameters of the

screen.

Fig. 2. – Area for the calculation of the magnetic field of a cylindrical screen indicating the finite

element grid

Fig. 3. – Distribution of magnetic field lines for different values of magnetic permeability of a

cylindrical screen

This dependence is subsequently used to obtain shielding material with a shielding factor corresponding to the protective clothing operating conditions.

A study was conducted on the possibility of fabrication of a textile protective material using ferromagnetic nanoparticles (average particle size is 10 nm). For this linen fabric was impregnated with a magnetic fluid based on ethyl alcohol. Testing of the protective properties was carried out for the electrical and magnetic components of the electromagnetic field of industrial frequency. The results of the tests are given in Table 3.



Table 3 Dependence of the shielding coefficients of the electromagnetic field with a frequency

of 50 Hz on the number of layers of protective material n. E, V/m B, T

n Ef , v/m Es , v/m Ks B f, T Bs, T Ks 1 720 525 1,42 146 76 1,92 2 720 290 2,48 146 29 5,03 3 720 190 3,78 146 18 8,11

In this case, the flow of magnetic fluid was 50 g / m2 of fabric. Therefore, the given coefficients of

shielding can be considered acceptable. But for practical use of such material it is necessary to solve one problem. Magnetic fluid is a colloidal solution of ferromagnetic particles in ethyl alcohol. To prevent the particles from sticking together, a surfactant, fatty oleic acid, is added to the solution. Therefore, the finished material must be treated in such a way as to neutralize the acid. This is a separate technological challenge that will be addressed in future research.

Conclusions 1. The need for development of the shielding textile material for the protection against the effects of

electromagnetic fields of a wide frequency range have been developed; the material is suitable for manufacturing personal protective equipment for workers of the energy industry and operators of high-frequency electronic equipment

2. The obtained textile material with specified shielding properties has the shielding factor (Ks) of 2,8 – 17,0 for the mobile communication frequency of 1,8 GHz (with increasing number of layers of material increases Ks), and 2,9 – 23,0 for the frequency 50 Hz.

3. The developed clothing has acceptable protective properties and ergonomic characteristics. The detachable elements of the protective clothing design enhance the screening properties by increasing number of the protective material layers and enables dry cleaning and washing of the clothing without the loss of protective properties.

4. It has been established that a promising direction for the manufacture of protective material without the use of removable elements is magnetic fluid. The shielding coefficients of such material of a magnetic field of industrial frequency 2 ÷ 8 for 1 ÷ 3 layers of material are acceptable. The problem of neutralization at the end of the technological cycle of the surfactant needs to be solved.

References 1. Directive 2013/35/EU of the European Parliament and of the Council of 26 June 2013 on the

minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields). http://eur- lex.europa.eu/ LexUriServ /LexUriServ. do?uri= OJ:L:2013:179: 0001:0021: EN:PDF.

2. Levchenko O. G., Levchuk V. K., Timoshenko O. N. Ekraniruyuschie materialyi i sredstva individualnoy zaschityi svarschika ot magnitnyih poley. Avtomaticheskaya svarka. 2011. 3. pp. 49–55.

3. Pat. 90892 Ukrainy: MPK G12B 17/00. Ekranuiuchyi komplekt. Zdanovskyi V. H., Levchenko L. O., Osadchii D. B., Pankiv Kh. V., Podobied I. M. Opubl. 10.06.2014. Biul. 11.

4. Ceken F., Pamuk G., Ozkurt A., Ugurlu S. Electromagnetic Shielding Properties of Plain Knitted Fabrics Containing Conductive Yarns. Journal of Engineered Fibers and Fabrics. 2012. 7. pp. 81–87.

5. Ahmed A. A. Ekranyi elektromagnitnogo izlucheniya na osnove modifitsirovannyih hlopkopoliefirnyih tkanyih poloten s nanostrukturirovannyim mikroprovodom: avtoref. dis. kand. tehn. nauk: Metodyi i sstemyi zaschityi informatsii, informatsionnaya bezopasnost. Minsk. 2016. 22 p.

6. Filippo Costa, Simone Genovesi, Agostino Monorchio, Giuliano Manara. Low-Cost Metamaterial Absorbers for Sub-GHz Wireless Systems. IEEE Antennas and Wireless Propagation Letters. 2014. 13. pp. 27–30.



7. Viraj Bhingardive, Maya Sharma, Satyam Suwas, Giridhar Madras, Suryasarathi Bose. Polyvinylidene fluoride based lightweight and corrosion resistant electromagnetic shielding materials. RSC Advances. 2015. 5. P. 35909–35916.

8. Patil N., Velhal N., Pawar R., Puri V. Electric, magnetic and high frequence properties of screen printed ferrite-ferroelectric composite thick films on alumina substrate. Microelectronics International. 2015. 32 (1). pp. 25–31.

9. Sedlacik M., Mrlik M., Babayan V., Pavlinek V. Magnetorheological elastomers with ef cient electromagnetic shielding. Composite Structures. 2016. 135. pp. 199–204.

10. Glyva V., Podkopaev S., Levchenko L., Karaieva N., Nikolaiev K., Tykhenko O., Khodakovskyy O., Khalmuradov B. Design and study of protective properties of electromagnetic screens based on iron ore dust. Eastern-European Journal of Enterprise Technologies. 2018.

1/5 (91). pp. 10–17. («Scopus», «Index Copernicus»). 11. Glyva V., Lyashok J., Matvieieva I., Frolov V., Levchenko L., Tykhenko O., Panova O.,

Khodakovskyy O., Khalmuradov B., Nikolaiev K. Development and investigation of protective properties of the electromagnetic and soundproofing screen . Eastern-European Journal of Enterprise Technologies. 2018. 5 (96). pp. 54–61. («Scopus», «Index Copernicus»).

12. Bahrii M. M., Moiseienko S. I., Omelchenko S. V. Do pytannia zakhystu liudyny v suchasnykh zasobakh indyvidualnoho bronezakhystu. Visnyk Tekhnolohichnoho universytetu Podillia. 2003.

5. pp. 65-67. 13. Tykhenko O. M., Bahrii M. M., Levchenko L. O., Khodakovskyi O.V., Rieznik D.V. Rozroblennia ta

doslidzhennia zakhysnykh vlastyvostei metalotekstylnykh elektromahnitnykh ekraniv. Visti Donetskoho hirnychoho instytutu. 2019. 1 (44). pp. 100-106.


Authors

Bahrii Mariia Leading Specialist, Faculty environmental safety, Engineering and technology, National Aviation University, Kyiv, Ukraine

e-mail: [email protected] Butko Yuliia PhD., senior lecturer of the Department of Philosophy, Socio-

Political and Legal Sciences, SHEI «Donbass state pedagogical University», Sloviansk, Ukraine

e-mail: [email protected] Elena PhD., Associate Professor, Physical Therapy, Physical Education

and Biology Department, SHEI «Donbass state pedagogical University», Sloviansk, Ukraine

e-mail: [email protected] Miloslav Ing., PhD., an independent «e-Silk Road» NGO, Bratislava,

Slovak Republic e-mail: [email protected] Igor PhD., Associate Professor, Director of Malin Forestry College,

Ukraine e-mail: [email protected] Kalyta Tetiana Senior teacher of the Department of Tax Policy, University of

the State Fiscal Service of Ukraine, Kyiv region, Irpin, Ukraine e-mail: [email protected]áthy László PhD., Associate Professor, Institute of Disaster Management,

National University of Public Service, Budapest, Hungary e-mail: [email protected] Kós György PhD Student, Institute of Disaster Management, National

University of Public Service, Budapest, Hungary e-mail: [email protected] Vasyl DrSc., Professor, Professor of the Krakow Pedagogical

University named after the National Education Commission, Krakow, Poland

e-mail: [email protected] Irina PhD., Associate Professor, Physical Therapy, Physical Education

and Biology Department, SHEI «Donbass state pedagogical University», Sloviansk, Ukraine

e-mail: [email protected] Dmitriy DrSc., Professor, Director of Slovyansk Scientifi c Educational

Institute of University of State Fiscal Service of Ukraine, Sloviansk, Ukraine

e-mail: [email protected] Larysa PhD., Associate professor, Department of Automation of

projection of power processes and systems, National Technical University of Ukraine «Igor Sikorsky Kyiv Polytechnic Institute», Kyiv, Ukraine

e-mail: [email protected] Leonid DrSc., Professor, Head of the Department of Philosophy, Socio-

Political and Legal Sciences, SHEI «Donbass state pedagogical University», Sloviansk, Ukraine

e-mail: [email protected]



Nalutsyshyn Volodymyr PhD., Criminal Law and Process Department, Khmelnytskyi University of Management and Law Named after Leonid Yuzkov, Khmelnytskyi, Ukraine

e-mail: [email protected] Vitalii PhD., Associate Professor, Doctoral Candidate Department of

Finance SHEI «University of Banking», Deputy Head of The Ukrainian Banks’ association, Kyiv, Ukraine

e-mail: [email protected] Victor DrSc., Professor, Labor and Social Maintenance Law

Department, Taras Shevchenko National University, Kyiv, Ukraine

e-mail: [email protected] Olena PhD., Department of Foreign Economic and Innovation

Management, Donetsk State University of Management, Mariupol, Ukraine

e-mail: [email protected] Olena PhD., Associate Professor, Associate Professor of the

Department of Foreign Economic and Innovation Management, Donetsk State University of Management, Mariupol, Ukraine

e-mail: [email protected] Maksym PhD., Associate Professor, Vice-Rector of Private higher

education institution «European University», Kyiv, Ukraine e-mail: [email protected] Irina Senior Lecturer at the Department of Pedagogy and

Psychology of Preschool Education and Children‘s Creativity, National Pedagogical Dragomanov University, Kyiv, Ukraine

e-mail: [email protected] Maria DrSc., Professor, Honored Worker of Education of Ukraine,

Head of the Department of Accounting and Taxation, National Academy of Statistics, Accounting and Audit, Kyiv, Ukraine

e-mail: [email protected] Mykhailo PhD., State Educational Institution «Odessa Higher

Professional School of Trade and Food Technologies», Odessa, Ukraine

e-mail: [email protected] Iryna Senior Lecturer, Educational and Research Institute of

Economics, Taxation and Customs , University of the State Fiscal Service of Ukraine, Kyiv region, Irpin, Ukraine

e-mail: [email protected] Vlastimil Dr.h.c., Doc., JUDr., Ing., PhD., LL.M., MBA, honor. professor,

University of Economics and Management of Public Administration in Bratislava, Bratislava, Slovak Republic

e-mail: [email protected]

Academician Stepan Demianchuk International University of Economics and Humanities

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Rector DEMIANCHUK ANATOLII STEPANOVYCH - Doctor of Pedagogical Sciences, Professor, Academician of the Academy of Sciences of the Higher School of Ukraine, Honored Education Worker of Ukraine. Personal data: Date of birth: 01 January, 1952.

Demianchuk A. S. worked as an engineer at the 113th military plant in Rivne (1974-1986). He worked at the Rivne State Pedagogical Institute named after D. S. Manuilsky as a senior teacher, associate professor, professor, head of the department (1986-1993). In 1993, Demianchuk A. S. headed

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construction objects, building materials architectural forms, design environment sustainable development solutions, system modeling social, economic and environmental studies on rational nature management methods for assessing and forecasting the impact of man-made pollution on the

environment problems of economic assessment of natural resources and environmental quality.

The University has extensive international relations with more than 100 higher education institutions and international organizations of 25 countries, namely of Poland, Germany, France, the USA, Georgia, the Republic of Azerbaijan, Turkmenistan, Kingdom of Morocco, Republic of Ecuador and many other countries all over the world. So, our students are active in exchange programmes with university-partners. NUWEE has also concluded agreements on joint bachelor’s and master’s degree programs with six Polish Universities and our students have the possibility to obtain two diplomas during their studying, of Ukrainian standard and European standard. In the University there was implemented the first in Ukraine exchange traineeship programme with the University of the Kingdom of Morocco.

NUWEE s among 20 of best Universities of Ukraine according to the ranking “Top-200 Ukraine” of the international social and political journal “Mirror of the Week”. The University was awarded the Order of Friendship of Peoples, is listed in the “Golden Book of Business Elite of Ukraine“, and is a multiple winner of ratings “Golden Fortune”, “Best Enterprises of Ukraine” in the category “Higher education” and in the field of water management.

3

ABOUT USOur institution is a nationally renowned,

listed in Europe and Asia like an Institute of Music.The university is located, one of Europe’s largest cultural capital with charm, Kodály and Bartók’s home in Budapest. Our institution is one of the largest educational institutions in the capital with the cultural attractiveness of the capital.The college of Vienna’s renowned music school for a branch that connects the capital of Budapest’ music education and cultural life from 2010.

4 5

meetings, competitions). The Institute is focus-ing heavily on next to the cross-border cultural cooperation on the students and the institution international presence. In addition to the ex-change of information, we consider it important to develop the consciousness of the cultural life of the two countries and to strengthen the cross-connections between the centuries - Austria and Hungary - between two twin cities between Vienna and Budapest. In addition to performances requiring individual preparation, the operation of chamber music groups is a top priority (choir, symphonic orchestra, wind band).

a chance to play together and concerts.

ABOUT THE INSTITUTEThe Vienna Konservatorium Budapest has been established between Vienna and Buda-pest, with has a headquarter in Vienna and a department in Budapest, with excellent and good facilities. Our mother institution is a highly respected, world-leading educational center where musicians of the future can continue their studies in Classical - Jazz / -Pop-rock classes. This outstanding training is provided by the Vienna Konservatorium in Budapest.

The Vienna Konservatorium puts a lot of em-phasis on all kinds of music-loving music teachers. We educate individuals who can later, in music and pedagogy, be convinced of the power of social transformation of music.

-ing, on teacher and artist courses. Our lectur-

ers and professors are composed of the most prominent Hungarian artists and teachers. The Vienna Konservatorium organizes high-quality education and artists at a number of comple-mentary professional events. (f.e.: - masterclass-es, professional days, national and international

6 7

The Vienna Konservatorium Budapest is proud of the presence of many nations among its students. In addition to cross-border cultural cooperation, the institution places particu-lar emphasis on the international presence of the student and the institution as a whole. The international recognition of the Universi-ty indicates that at present, forty-four-nation students are learning their system.

INTERNATIONAL PROJECTSThe philosophy of our institution is cross-bor-der artistic and pedagogical activity. The Vienna Konservatorium Budapest serves the

community in educational and cultural. The Vienna Konservatorium Budapest conscious-ly builds its international partnership system and thus supports, encourages and cares for musical talents.

The Vienna Konservatorium Budapest plays an important role in linking East and West mu-sic, representing the Pannon region in social development. Protects the pattern of Hungari-an music education, maintains close links with domestic and foreign musical institutions and ensembles.

8 9

OUR COURSESIn accordance with the pedagogical and pro-fessional requirements of teacher training in Europe, the Vienna Konservatorium Budapest has the traditional music school and vocational secondary school connections that can be a successful teacher training. Our art teachers - as a soloist or as members of renowned Hun-garian orchestras - are prominent players of domestic and international concerts.

The students of the University are accredited in renowned music schools in Budapest and Vienna. The lessons are organized in individual or small groups, and almost all masterclasses are also in place. Our courses are in Hungarian and English. Special Young Talents can apply to the Special School for Young Talents f or twelve years of age.

During the training cycle several nation diplomas can be obtained at the Vienna Konservatorium Budapest, with locations in Budapest and Vienna. The duration of the training cycle is 4 + 2 years, at the end of which we will issue an Austrian double de-gree, both in teacher and artist. The Austrian diploma awarded in Hungary is recognized and authenticated without any restrictions, so the student - who is a state-recognized Austrian diploma in our Institute - has the opportunity to obtain a master’s degree in Hungarian.

This is a single possibility that is not in another institution. In addition to the excellent education

attraction of issuing diplomas for several coun-tries. Within our institutional system, students can study abroad. After a period spent abroad,

you will be able to obtain a degree from another nation based on the University’s international cooperation relationships.

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SPECIAL SCHOOL FOR TALENTSThe Vienna Konservatorium Budapest has been focusing on the talents for a long time.Discovery of talent begins in high school. The students in the secondary school, with a little shudder, can join the Konservatorium’s tal-ent-management programs. The University fo-cuses on the training of future „talent-holders”,

-portance on the education of talent education.

The Vienna Konservatorium is a central, prom-inent role in teacher training in Budapest, and special attention is paid to the versatile profes-sional-pedagogical training of future students of talent management. This, of course, involves the selection and care of talented teacher stu-dents, but this is more important because they have to be prepared for the recognition, sup-port, and care of talents.

From 2016, the Vienna Konservatorium of Bu-dapest launched a preparatory section for top talent from abroad, which allows students of other nationalities to become acquainted with the excellent pedagogical methods of well-known Hungarian art teachers.

International experience shows that in our Institution the foundation of teaching skills, professional engagement, the development of teaching talent, the acquisition of otherwise inaccessible domestic and international rela-tionships and experiences, is an extraordinary opportunity. The institution’s talent-manage-ment concept would be unworkable without the commitment of academics teacher who are committed to their work.

VIENNA KONSERVATORIUM BUDAPEST121-123. II. Rákóczi Ferenc Str. Budapest 1211

(+36) 1/ 276-5774 (+36) 70 943-2116www.vienna.egressybeni.hu

email: [email protected] - VIENNA

Slovyansk

www.eeda.sk Tel : +421 905 450 765

NGO “Green Initiatives Rivne”

General information

Non-governmental organization (hereinafter - the

Organization) is a voluntary social formation, based on the decision of the founders of the Law of Ukraine "On public

associations" and bases its activities on the principles of voluntariness, legitimacy, governance, transparency, equality of

Members. The purpose of the activity is the implementation of ideas and projects of economy

ecologization and the implementation of European state vector. The main objectives of the Organization are: - information support, development, distribution and promotion of the ideas and projects of public, private and other institutions and organizations aimed at introducing the environmental technologies and organic farming; ecologization production and sale of European integration vector of the country; - assistance in providing and getting the legal, information and other help to institutions, organizations, farmers and private landowners, whose activities help to solve the existing problems in Ukraine of rational land use, growing the ecological and organic agricultural products and forming the ecological culture in society and consumption outlook; - comprehensive assistance to educational, health, social organizations, agricultural associations and farmers who are engaged or wish to be engaged in ecological and organic farming and processing the products; reclamation of eroded lands; tourism; organization of gardening and berry growing; landscape design; organic aquaculture; collection and cultivation of wild plants; beekeeping; introduction of modern highly ecological cultivation facilities; - consultancy, development of grant proposals and advisory services in various sectors of economy with ecologization of its development; - development and implementation of programs and projects in the field of various types of biomass, alternative energy sources, implementation of cleaner technologies to achieving the social, environmental and economic effects; - organization of permanent courses, seminars and other educational forms of creating the regional center of ecological and organic farming, growing and processing the raw materials and products, resource and energy efficiency; - assistance in implementation of patents and copyright certificates in the field of energy saving, highly efficient, environmentally friendly land use technologies, processing, labeling and promoting the products; restoration of land and other natural resources; environmental technology in various sectors of the economy; - initiating and supporting the scientific, environmental, social, spiritual and other modern studies of human interaction with the environment; - promoting the development of projects of natural reserves and proposals on the development of environmental affairs; - promoting the market research, labeling, manufacturing, distribution standardization, certification and use of ecological and organic products consumption to achieve the social impact; - preparation and publication of materials, articles, books, dedicated to the development of ecological and organic farming, the production of environmentally friendly products, and other economic, environmental and social problems.

www.termal-podhajska.sk

Penzión TERMÁL sa nachádza v katastri obce Podhájska, ktorá sa dostáva do povedomia

našich a zahraničných turistov vďaka geotermálnemu prameňu silne mineralizovanej vody v

hĺbke 1900 m ( voda má pri ústí teplotu 80° C a výdatnosť 50 litrov za sekundu ), okolo

ktorého sa na 12 ha rozprestiera areál termálneho kúpaliska. Voda z geotermálneho prameňa

má blahodárne účinky na celý organizmus. Podrobné štúdie preukázali, že má hlbšie a

trvalejšie regeneračné efekty ako voda z Mŕtveho mora. Účinky tejto termálnej vody využíva

k regenerácii celá rada športovcov z rôznych športových odvetví, a preto Vás do

mikroregiónu TERMÁL pozývame.

Penzión TERMÁL Podhájska

941 48, Podhájska Za humnami 508/28 časť Belek

Slovenská republika

Mobil:

+421 905 369 138 - rezervácia

+421 905 450 765

E-mail: [email protected]

www.termal-podhajska.sk

P O D H Á J S K A is small village situated in the south of Slovakia, close to city of Nitra, at an altitude of 170 meters above sea level. Podhajska is famous for its natural geothermal springs with their healing and relaxing effects fo the human body. The healing thermal water, the effects of which have already helped many people, can be found in such a composition only here and it has similar effects to the Dead Sea. Thermal Park is open for visitors all year round.

RELAXING COMPLEX Offers: ** sitting pool with the hottest and the most mineralized water (38 – 40°C)

** kids´pool with mineralized water (32°C) ** indoor pool for swimmers (28°C, 1,50 m deep) ** cooling pool (18°C) ** hot tub with mineralized water ** gym, solarium ** massages and pedicure ** cosmetics and hairdressing salon ** restaurant Jantar (open in winter)

THE AQUAMARIN WELLNESS

Indoor world :

** the Wild River (36°C, 1 m deep) ** relaxing pool (33°C, 1,3 m deep) ** waterfall ** 2 whirpools (36°C, 1 m deep) ** kids´ pool (32°C, 0,25 m deep) ** kids´ playground ** Turkish bath (36°C, 1,1 m deep) ** pool bar ** massage ** rest areas, botanical garden, a café (open in winter) ** Sauna complex includes: Finnish and bio sauna, salt and herb inhalation, cooling pool and water attractions (ice bucket, 3 heated beds, sea bath)

Outdoor world : **relaxing pool with mineralizied water (39°C, 1,2 m deep) ** kids´pool with mineralizied water (32°C) ** cooling pool (18 – 20°C, 1 m deep) ** cooling bio lake (28°C, 1,3 m deep) ** walking Kneipp bath with changing cold and hot water

DIFFERENT FACILITIES / DINNING

** outdoor gym and natural rest area

** multisport pitch

** kids´playground

** restaurants, fast foods

** shops

** bakery and café

W A T E R I N F O R M A T I O N

Thermal salt water is:

** a temperature of 80°C,

** similar to the one of the Dead Sea

** unique of its kind Europe

** beneficial on the human body

Water helps people with:

** the respiratory system

** arthritis and rheumatism

** after bons surgery,

** eczemas

** thyroid gland problems

** vascular and joint problems and persisting back pains

Salty water does not allow further reproduction of brought bacteria, but it kills them.

Seating pool with thermal water at the Relaxing komplex

WINTER SEASON from 21.10. 2019

OPENING HOURS :

Monday: closed

Tuesday : 9,00 – 20,00 hrs.

Wednesday : 9,00 – 20,00 hrs.

Thursday : 9,00 – 20,00 hrs.

Friday : 9,00 – 20,00 hrs.

Saturday, Sunday: 9,00 – 21,00 hrs.

PRICES :

Adult..........................3,00 € / 1 hrs Disabled person..............2,50 € / 1 hrs Kids under 15 ….............1,50 € / 1 hrs Kids under 3 ................f r e e Adult.........................12,00 € / 1 per day Disabled person.............10,00 € / 1 per day Kids under 15 ..............6,00 € / 1 per day

Indoor locker .............… free

Swimming pool in Relaxing komplex

PRICES :

Adult............................. 3,00 € / 1 hrs Disabled person........... 2,50 € / 1 hrs Kids under 15 …............. 1,50 € / 1 hrs

Kids under 3 .................. f r e e

Indoor locker .............. free

WELLNESS CENTRUM AQUAMARIN

OPENING HOURS

Monday: 13,00 – 21,00 hours. Tuesday – Sunday: 9,00 – 21,00 hours.

P R I C E S

Indoor world Adult Kids 3 – 15 yers

3 hours 12.00 € 7.00 €

2 hours 9.00 € 5.00 €

Extra 30 min. 1.50 € 1.00 €

Monday all day entry

17,00 €

9.00 €

Tuesday – Friday all day

entranses

22,00 €

12.00 €

Disabled person per day

with guide

17,00 €

17,00 €

9,00 €

17,00 €

Sauna world Adult Kids 3 – 15 yers

1 hour 9.00 € -------------

One-time entry to the sauna

6,00 €

--------------

Extra 30 min. 4.00 € ------------- INFORMATION CENTER Tel.: +421 911 103 443 e-mail: [email protected],

www.obecpodhajska.sk, www.tkpodhajska.sk www.facebook.com/infocentrumpodhajska

T H E R M A L P A R K PODHAJSKA

DEAD SEA

IN THE CENTRAL EUROPE

W I N T E R S E A S O N

V letnej sezóne --

10 bazénov

-

športový areál

-

Obec Podhájska -

--

-Termálna voda,

-

Wellness centrum Aquamarins Bazé-

novom sveteVitálny svet

Międzynarodowa Konferencja Naukowa„1919-2019 – BEZPIECZEŃSTWO NA TERENACH

POLSKI POŁUDNIOWO-WSCHODNIEJ”

We hosted 480 registered guests from 16 countries, 30 partner faculties and university and 27 business partners. Enjoy photogallery:

On the October 1st 2019 we celebrated 60thanniversary of the foundation of the FEM SUA Nitra.

BERUFSBILDENDEN SCHULEN AM MUSEUMSDORF VÝCHODOEURÓPSKA AGENTÚRA PRE ROZVOJ EURÓPSKY

INŠTITÚT ALŠIEHO VZDELÁVANIA THE INTERNATIONAL COMMITTEE ON THE FIGHT AGAINST

TERRORISM, ORGANIZED CRIME AND CORRUPTION AKADÉMIA POLICAJNÉHO ZBORU

WY SZA SZKO A BEZPIECZE STWA PUBLICZNEGO I INDYWIDUALNEGO "APEIRON"

POWSZECHNA WY SZA SZKO A HUMANISTYCZNA POMERANIA

POŽIARNOTECHNICKÝ A EXPERTÍZNY ÚSTAV MINISTERSTVA VNÚTRA SLOVENSKEJ REPUBLIKY V

BRATISLAVE « »

« - » « »

« »

INTERNATIONAL SCIENTIFIC-

PRACTICAL CONFERENCE

«CURRENT PROBLEMS OF SCIENCE AND PRACTICE IN THE

LIGHT OF EUROPEAN INTEGRATION PROCESSES»

April 23-25, 2020

LVIV – 2020 Private higher education institution

“Lviv University of Business and Law”

INVITES teachers of higher educational establishments,

employees of research institutions, employees of public authorities, enterprises, public organizations,

doctoral students, graduate students, students of higher educational establishments and colleges, students to

participate in the work of

INTERNATIONAL SCIENTIFIC-PRACTICAL CONFERENCE

«CURRENT PROBLEMS OF SCIENCE AND PRACTICE IN THE LIGHT OF EUROPEAN

INTEGRATION PROCESSES»

The following sections are scheduled to work: legal;

economic; tourism, hotel and restaurant service; international relations; journalism; interdisciplinary; students section.

Working languages of the conference: Ukrainian,

English, German, Slovak, Polish. Form of the conference: full-time.

The conference materials will be posted on the official website of the University

Conference venue:

Lviv University of Business and Law (assembly hall), Kulparkivska Str., 99

Lviv, 79021 To participate in the conference, you must send to the

Organizing Committee (e-mail address [email protected]) by March 25, 2020: 1) an application to participate (indicate surname, first name, academic degree, academic title, position, place of work, article title, section, contact phone and e-mail); 2) the text of the article; 3) for participants who are not employees of the University, a scanned copy of the payment document, bank details:

Correspondent bank: SWIFT CODE: COBADEFF COMMERZBANK AG, Frankfurt am Main.

Account With Institution: Acc.4008865941/01 SWIFT CODE COSBUAUKLVI JSC OSCHADBANK Beneficiary: «

« » Lviv 79053, KULPARKIVSKA, 99 VA69325796000002600303205223 Remittance Information: Money transfer 10013 BRANCH LVIV LVIV, V.VELYKOHO, 34 Participation fee: 50 Euro - full-time participation (without

accommodation and meals); 10 Euro - remote participation (article publication). There is a possibility of assistance in hotel accommodation, cost 25 Euro (per day, with breakfast). For more information, send message to [email protected].

Submissions sent after the check date will not be included in the conference program.

Requirements for article design: article should be of 2-5 pages length (A4 paper size), submitted in a separate .doc format, with the following parameters: Times New Roman font; font size 14 pt.; line spacing 1.5; all fields 2 cm; graphics, tables and figures should not exceed 110 X 150 mm.

The order of the article: in the right corner in italics indicate first name and surname of author (s), below - the scientific degree and academic title, below - the full name of the organization where the author works or studies; at 2 intervals the title: center, capital letters, bold, 14 pt; the text is spaced at 1.25 cm indent. The pages should not be numbered. The filename must be the same as the author's name, indicating the contents of the file.

The annual International Scientifi c Conference

„SECURITY, EXTREMISM, TERRORISM 2019“ (BET–2019)was held in Podhajska, Slovak Republic, on November 7-8, 2019.

The conference marked the 10th anniversary of Eastern European Development Agency n.o. (EEDA) whose President and founder is Dr.h.c. mult. JUDr., Honor. Prof. mult. Jozef Zat’ko.The conference was attended by representatives of educational institutions and scientifi c establishments from the Slovak Republic, Ukraine, Poland, Czech Republic.Scientists and legal experts discussed innovations in security issues and ways to prevent extremism and terrorism in their countries. The main agenda was focused on security issues in the European and Transatlantic space, the European Union anti-corruption policy and security sector reform. Special attention was paid to the challenges of civil protection of the population and territories against emergency situations and its prevention, emergency response and recovery. The issues of information and cyber security were actively discussed as well as underlying principles of its provision in Ukraine. The participants were able to share their security experience and practices against corruption in the country they represented.Upon completion of the event all participants received relevant certifi cates and commendations for their cooperation in the implementation of the program objectives of Eastern European Development Agency n.o. (EEDA) and contribution to the international cooperation development in education and science.