Sort by
INCLUSIVE EDUCATION: ADAPTATION TO PERSONAL NEEDS IN THE CONTEXT OF ANTHROPOCENTRIC VALUES

This scientific article is devoted to the study of the problem of inclusive education in the context of modern anthropocentric values. The author analyzes the implementation of the tools of inclusive education in the process of adaptation to the needs of the individual in the condi­tions of anthropocentrism, focused on the recognition and protection of the rights and dignity of each individual. The article examines the main principles of inclusive education aimed at implementing an environment that promotes the development of diverse talents and ensuring access to education for all. The article emphasizes the need to take into account the individual needs of students with different characteristics, including physical, mental and social character­istics. An analysis of the terminological content of anthropocentrism and inclusiveness as political and legal phenomena is carried out. The article examines the impact of anthropocentric values on inclusive education. The challenges of adapting education to the individual needs of the individual are analyzed. The conceptual aspects of inclusive education are highlighted and the role of the individual in the educational process is outlined. The article is aimed at raising awareness of the importance of inclusive education and its role in the formation of a harmonious society, where each individual has the opportunity to re­veal his potential and make his own contribution to the development of society. The relevance of the study also lies in the growing need of modern society for a developed system of inclusive education, which would take into account the individual needs of each student. In the changing anthropocentric context, where the emphasis is on the protection and recognition of the rights of each individual, inclusive education becomes a key factor in the formation of a harmonious society. This article makes an important contribution to the understanding and development of inclusive education by offering specific recommendations for adapting educational systems to the needs of diverse students, which is critically important in the context of the ever-growing diversity of student audiences and the desire to create an inclusive society.

Open Access
Relevant
SHAREHOLDERS’ AGREEMENTS AND UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS

The article examines the issue of the foreign law as an applicable law of shareholders’ agreement at companies established under the laws of Ukraine. The emergence of shareholders’ agreement in the legal system of Ukraine, as well as the changes that have taken place during the last decades regarding the possibility of applying foreign law to contractual corporate relations, have been studied. Because of authority of English common law among Ukrainian legal practitioners, there is an attitude among them to choose it as the foreign law that will be applied to shareholders’ agreement. At the same time, there are significant differences in the basic principles of common law and continental legal family, which includes the legal system of Ukraine. On the other hand, the law of Ukraine will remain the applicable law for the rest of corporate relations in the relevant companies insofar as it is its lex societatis (i.e. everything with except of obligations of the parties to the shareholders’ agreement). Taking into account all the above, a conclusion was made to introduce a document equidistant from both legal systems and able to ensure a high quality regulation of general issues of contract law, namely the UNIDROIT Principles of International Commercial Contracts, among instruments providing regulation of relations under shareholders’ agreement. It is proposed to use one of the standard UNIDROIT clauses in order to determine the hierarchy between the provisions of foreign national law and the UNIDROIT Principles, as well as their correlation with the provisions of the shareholders’ agreement itself. It was also concluded that the UNIDROIT Principles might be applied to shareholders’ agreement even in the absence of a foreign element to establish a regulation of a contractual relations at the level of the best international standards.

Open Access
Relevant
ORGANIZATIONAL AND LEGAL MECHANISMS FOR ENSURING OF ENVIRONMENTAL SAFETY IN THE ENERGY SECTOR OF UKRAINE

In the article current legal issues of ensuring environmental safety in the Ukrainian energy sector of the economy in the context of ensuring sustainable ecologically balanced development and creating a safe energy future is examined. The purpose of the article is a comprehensive scientific study of the development and implementation of legal mechanisms for balancing energy and environmental policy. It is emphasized that the interaction of these two political spheres can have both positive and negative consequences, and their interrelationship can determine the sustainability and efficiency of energy systems, as well as provide a balanced approach to environmental protection. Based on the analysis of legal norms, there are emphasized the partial correlation and synchronization of energy and environmental policy, taking into account the requirements for ensuring the ecological safety of the environment and people in the functioning of the electric energy market and relations related to the production, transmission and supply of such energy. Ensuring environmental safety during the construction, commissioning and direct operation of energy facilities should be aimed at effective protection against pollution and deterioration of land and water resources, subsoil, biodiversity, implementation of legal measures in the field of waste management, which, in turn, conditions the implementation of effective legal mechanisms for such balancing. That is why the article reveals the legal basis of such measures as: land use planning and zoning of land in the energy sector, establishment of waste management rules, protection of water resources, which involves the establishment of rules and requirements for the protection of water resources from pollution as a result of energy activities, measures of preserving biodiversity, carrying out an environmental impact assessment. Special attention is paid to the intensification of the transition to the use of renewable energy sources and the abandonment of the use of traditional types of fossil fuels, as well as the introduction of innovative technologies, the introduction of state incentives and improvement of the investment climate in the energy sector.

Open Access
Relevant
THE CONCEPT OF LUSTRAATION AND THE PECULIARITIES OF ITS APPLICATION IN UKRAINE

The article examines the essence of lustration as a political and legal mechanism for the protection of democracy. It was revealed that this phenomenon has been known to world his­tory since ancient times, but it received a modern meaning after the Second World War, when a number of European countries were in a state of overcoming the consequences of anti-dem­ocratic fascist and Nazi regimes. The complex political and legal nature of the concept of «lustration» is revealed, which is manifested in the need to find a balance between the protec­ tion of the principles of young democracy and the protection of human rights. The world ex­perience of conducting lustration and the most frequent mistakes made by states in this aspect are analyzed. International bodies and organizations, such as the European Commission for Democracy through Law (Venice Commission) and the European Court of Human Rights, play an important role in the mechanism of determining the criteria and principles of lustration. It is the established practice of these institutions that allows us to conclude that lustration in itself is not a violation of human rights, but acts as an effective mechanism for cleansing power from representatives of past anti-democratic regimes. Historical experience shows that only those states that passed through lustration and decommunization mechanisms got a chance to build truly democratic right-wing regimes. Ukraine, on the contrary, is a vivid example of a state that did not carry out appropriate proce­dures immediately after the overthrow of the communist regime, therefore, after almost several dozen years, it faced the same problems in a significantly larger volume. Also, the domestic experience of conducting lustration proved how ineffective the relevant mechanisms can be when the legislator does not take into account international standards in this field and the hast­ily adopted legislation contains a number of shortcomings, which include: lack of an individualized approach to responsibility, too wide a list of persons to whom it was distributed Law of Ukraine «On Purification of Power», lack of effective protection mechanisms, etc. As a result, such deficiencies in the legislation led to the recognition of unlawful state interference in the rights of persons to whom lustration was applied and the nullification of relevant efforts.

Open Access
Relevant
SOCIAL VALUES AND GOALS OF ADMINISTRATIVE LAW NORMS AS KEY CATEGORIES OF OBJECTIVES IN ADMINISTRATIVE LAW

The article reveals the content of social values and goals of administrative law norms as key categories of goal setting in administrative law. It has been found that the role of social values, on which the subject of goal-setting of legal norms is oriented (should be oriented), is manifested in the following functions: 1) values form a specific picture of the world, a kind of cultural (civilizational) worldview of the era, taking into account a certain scale of values; 2) values form a system of transmitted experience, in which innovations and traditions are in a state of synthesis; 3) values act as the basic basis of the thinking style of a person of a certain era, they contain a model of the variability of a categorical way of thinking and a basis for the formation of new categories. It is proven that since the goal expresses the future and desired state of the object of activity based on the perceived value, it cannot be detached and indepen­dent from the social scale of values. However, when it comes to goals and values in law, there are specific connections between social values and the goal of law as a whole or the goals of its elements (branches of law, legal institutions, legal norms). The lower the level of elements of the legal system (law as a regulator of social relations, branch of law, legal institution, legal norm), the less the dependence of their goals on social values. That is precisely why, when characterizing law as a regulator of social relations, there is always a need to correlate its goals with social values. The same thing happens at the level of branches of law, because both legislators and scientists working in this field of legal relations try to emphasize the conformity of the goals of, for example, administrative law with certain social values. It was concluded that the relationship between the social value and the goal, as an element of goal-setting of the rule of administrative law, is as follows: 1) not every goal of the rule of law is a mandatory reflection of some specific social value, it just must not contradict the existing social values in society; 2) the goals of a large number of legal norms are formed not on the basis of social values, but on the basis of the needs of practice.

Open Access
Relevant
PECULIARITIES OF THE CUSTOMS AND LEGAL RELATIONS SUBJECTS INVOLVED IN THE MOVEMENT OF GOODS IN INTERNATIONAL POSTAL ITEMS AND EXPRESS MAIL

The article is devoted to identifying the specific features of the subjects of customs and legal relations, involved in the movement of goods across the customs border of Ukraine in international postal items and express mail. The customs relations subjects involved in the movement of international parcels across the border can be divided into two main groups: subjects who formulate customs policy in the field of cross-border parcel traffic and subjects who actually implement it through law enforcement activities. In addition, the author notes of the peculiarity of customs and legal relations in the field of international parcel traffic, which is presence of specific participants: postal operators and express carriers, performing their tasks only within mentioned relations. The subjects, implementing customs policy in the area of cross-border movement of goods in international postal items and express mail, form the largest group of participants - public authorities that determine the procedure for declaration, customs control and clearance of relevant goods and also ensure its implementation. The concept of subjects of customs relations involved in the movement (shipping) of goods across the customs border of Ukraine in international postal items and express mail are defined for the first time: they are all persons authorised to perform customs formalities of such goods in accordance with customs legislation and other by-laws acts. The author notes that legislative definition of the concepts of «subject of customs legal relations» and «subject involved in the movement (shipping) of goods across the customs border of Ukraine in international postal items and express mail» would ensure their regulatory certainty and consolidate the specifics of the legal status of these concepts, which will play a positive role in improving the legal regulation of the relevant customs relations and eliminate difficulties in law enforcement activity. The relevance of the practice of facilitating electronic declaration, digitalisation, automation of customs formalities and informatization of exchange between customs authorities and other parties concerning the movement of goods in international postal and express mail is determined, taking into account the continuous development of e-commerce and increasing role of international shipments of cross-border trade in the world.

Open Access
Relevant
STATE LIABILITY IN THE CONTEXT OF EUROPEAN INTEGRATION

The main idea in the pursuit of European integration in Ukraine is that the reception of foreign legal institutions is increasingly spreading among lawyers and ordinary citizens, and is the simplest and fastest way to solve problems that have accumulated in society. However, on the favor of the populist nature of such calls, a critical approach to such a complex process as reception is pushed to the background. The best example of the ambiguity of this approach can be demonstrated by the illustration of German law - the institution of state liability of bod­ies and their representatives for caused damage. The institute itself is not something new; it is also familiar to the Ukrainian law. Moreover, it even has similar regulatory mechanisms that in both the Constitution of Ukraine and the Civil Code of Ukraine are easy to find. However, the internal content of the institution has fundamental differences. The main reason is the difference in the law practice, which is aimed at compensating for the rather meagre regulatory body for such a complex legal institution. Being a two-component element that consists of a civil and a public liability, it includes an administrative liability which is fully subordinated to the German civil law logic in the context of the federal structure of the state, it often leads neither only to confusing casuistry, nor comes into conflict with the European law, there is a struggle for the right to determine independently the responsibility of its state bodies. Not the least role in this is played by the degree-rank of the responsibility of the state as such with a complex mechanism of interaction of all these elements with each other. Thus, we can say that the implementation of any institution in isolation, outside the context of the legal system, where it has been nurtured and reinforced by the law practice, is doomed to failure in advance. This is why even two similar in form legal institutions in different countries will have different degrees of efficiency and are not always suitable to solve the same tasks.

Open Access
Relevant
POST-WAR RECOVERY OF UKRAINE: REFORMS AND PUBLIC POLICY INITIATIVES

The article analyses the main directions of formation of the State policy on post-war re­construction of Ukraine, which consists in timely implementation of reforms and creation of conditions for their effective implementation. The author analyses the proposals for priority reforms and strategic initiatives reflected in the action plan for post-war recovery and develop­ment of Ukraine. It is established that the Recovery Plan in the field of European integration and public administration reform are cross-cutting, as they serve as the foundation and contrib­ute to the further promotion and implementation of all reforms in the country. It is established that among the problems that arise today within the framework of the European integration process are the following: policy development system - the lack of a legal framework that would regulate the entire process of policy analysis and development, and a prescribed strategy for its development. It is determined that the main aspects of public admin­istration reform should be the creation of a modern model of public authority to help ensure state security and law and order, territorial development in accordance with the principles of EU regional policy and the development of sectoral management mechanisms in accordance with the European principle of freedom, management of public affairs and provision of pub­lic services. It is noted that in order to implement the anti-corruption policy, it is appropriate not only to strengthen the regulatory and legal component, but also to involve civil society institutions in combating corruption, since they are mediated by the purpose of mediation be­tween the population and the State. Among the functions that civil society should perform in anti-corruption activities are: control of access to information, its truthfulness and openness, protection of the rights of certain social groups, and active interference in the activities of state bodies to stop corruption.

Open Access
Relevant
GLOBAL TRENDS IN HIGHER EDUCATION: PROSPECTS FOR THE DEVELOPMENT AND MODERNIZATION OF DOMESTIC POLICY

The relevance of conducting a detailed analysis of global trends in higher education and their reflection in the national educational policy today is due to a number of important factors. Monitoring global trends is important because they identify new challenges and opportunities for national education systems. Firstly, in connection with the growth of global competition in the labor market, national systems of higher education must adapt to international standards and requirements in order to prepare graduates who will be competitive on the world stage. Global technological and economic trends require higher education to constantly update programs to provide graduates with up-to-date skills. Secondly, understanding global trends in higher education is important for building an ef­fective national education policy. Modern challenges, such as the international mobility of students and scientists, call for the development of strategies that promote interaction with other countries and the implementation of the best global practices in domestic educational systems. Thirdly, due to the diversity of cultures and languages, the globalization of higher educa­tion requires the development of strategies that will promote cultural diversity and intercultural understanding among students and teachers. Thus, a thorough analysis of global trends in higher education and their impact on domes­tic educational policy becomes strategically important for national governments and educational institutions. The introduction discusses the importance of understanding and taking into account global trends for modernizing domestic educational strategies. It is noted that global transformations create a need to harmonize domestic policies with the requirements of the modern world. Next, the article examines in detail the impact of globalization on the competitiveness of higher education. The factors that determine the quality and development of education in the national context are studied, in particular, how global competition affects the choice of students and the attractiveness of higher education institutions. In addition, the article considers the prospects of modernization of domestic educational policies in the conditions of globalization. Special attention is paid to the need to adapt programs, structures and training methods to international standards and expectations. The conclusions summarize the main conclusions regarding the importance of adapting domestic educational policies to global trends to ensure the sustainable development of higher education and the training of competitive personnel on the international labor market.

Open Access
Relevant
FORMS OF INTERACTION OF CIVIL SOCIETY INSTITUTIONS WITH SECURITY AND DEFENSE SECTOR IN THE CONTEXT OF THE IMPLEMENTATION OF THE LAW ENFORCEMENT FUNCTION

The activities of civil society institutions became important in the conditions of martial law. Proactive citizens use all legally permissible means to restore the disturbed security environment and repel the armed aggression of the aggressor country. Today, civil society institutions also play an important role in the implementation of the law enforcement function of the state. This, first, consists in the protection, protection and restoration of violated rights and freedoms, as well as the legitimate interests of a person and a citizen. Therefore, the task of solving many scientific problems is now updated. This also applies to such a task as determining the role of formalized structures of civil society in implementing the law enforcement function of the state under modern conditions, determining the forms and methods used by them. Based on the results of the study, it was determined that a whole complex of bodies, on which, among other things, the implementation of the law enforcement function also relies, represents the defense and security sector. It is emphasized that the active consolidation of the efforts of state institutions, in particular the security and defense sector and civil society, is due to the full-scale invasion of the aggressor country. It was determined that in order to assert and protect the rights and freedoms of a person and a citizen, the mentioned subjects quite often enter into legal forms of interaction that lead to the occurrence of legal consequences. Illegal forms of interaction between the security and defense sector and civil society institutions are no less common. It was determined that non-legal forms of interaction should be understood as activities related to and aimed at ensuring the material, technical and social needs of the security and defense sector and which do not entail the occurrence of legally significant consequences.

Open Access
Relevant