Course Of Ukraine Research Articles

На шляху до соборності України (до 100-річчя Акта злуки УНР із ЗУНР)

На шляху до соборності України (до 100-річчя Акта злуки УНР із ЗУНР)

Legal framework of border infrastructure development

The paper emphasizes that development of border infrastructure according to standards and requirements of international standards is one of the major tasks of the measures taken to increase transit capacity of border areas. Therefore, the issues of border infrastructure development should be one of the priority tasks of both central and local authorities. Nowadays, although there is a range of regulative, legal and strategic documents developed to support the functioning of border infrastructure, they need improvement oriented on new requirements and European integration course of Ukraine. The paper aims to analyze regulative, legal and program documents to develop border infrastructure, reveal problem and controversial points in them and suggest recommendations regarding their elimination. Special attention is paid to analysis of the range of legal, regulative, strategic and program documents to support the development of border infrastructure. In the first place, they are the documents that regulate the activity in cross-border cooperation, spatial development and territorial planning, transport activity and transport networks functioning as well as regulative acts regarding the activity of state border service and border crossing points, etc. Among the analyzed documents are the Laws of Ukraine “On Cross-Border Cooperation”, “On General Scheme of Planning of the Territory of Ukraine”, “On Regulation of Urban Planning Activity”, “On Automobile Roads”, “On the Sources of Funding of Road Economy of Ukraine”, “On Concessions to Build and Maintain Roads”, “On Public-Private Partnership”. Moreover, a range of documents of strategic nature, which substantiate the place of border infrastructure in implementation of long-term priorities of Ukraine’s development and defines the perspectives of its modernization, is analyzed, namely 2020 State Regional Development Strategy, Concept of Creation and Functioning of National Network of International Transport Corridors in Ukraine, State Border Service Development Strategy, 2030 National Transport Strategy of Ukraine, Concept of Reforming of Transport Sector of Economy, Concept of State Targeted Law Enforcement Program “2020 Development and Reconstruction of State Border”. Program documents of border infrastructure development support are also analyzed, namely 2016-2020 State Program of Cross-Border Cooperation Development and 2018-2022State Targeted Economic Program of Public Automobile Roads Development.

Constitutionalization of the strategic course of Ukraine within the doctrine of legal liability of the state

The article is focused on studying the problems of constitutional consolidation of the strategic course of Ukraine. It is analyzed through the prism of the doctrine of legal liability of the state. It has been concluded that the idea of admitting the strategic course of Ukrainian state needs the constitutionalization. This will contribute to the content development and normative absolutism of the legal liability of the state as a key element of the institutional provision of a law-governed state, as Ukraine is proclaimed to be.
 On the author’s opinion, the method of establishing such a course in the Constitution of Ukraine, suggested in the Draft Law No. 9037, through the consolidation of new powers for the supreme agencies of state power of a temporary nature in the basic Sections of the Constitution of Ukraine, can not be regarded as optimal, both from the conceptual and technically legal points of view.
 The author has substantiated that the issues of constitutional and law-making innovations in determining the strategic course of Ukraine for acquiring the membership in the EU and NATO will require increased attention from the Ukrainian parliament. In case of adopting the idea of establishing such a course, appropriate amendments to the Section I of the Constitution of Ukraine, should be approved at the All-Ukrainian referendum, which should add to the constitutionalization of the above-mentioned course of the highest level of legitimacy.

Conceptual foundations of formation of the public administration system in legal education

The urgency of the chosen topic is due to the insufficient development of the methodology of public administration of legal education in Ukraine, the need for its conception, the definition of the structure, the mechanism of influence on cognition and practice. In this regard, the necessity of creating the conception of legal education development as a comprehensive detailed long-term course of Ukraine aimed at achieving the main goal of law-education activity – enhancement of legal culture and legal consciousness of the population is substantiated.The article presents the meaning of the conception for the field of knowledge of public governance and administration and proposes to consider it as a normative legal document, which defines the mission and development ideas, reflects the vision of the existing state of a particular process or phenomenon. The block diagram of the development of the conception of public administration in legal education in Ukraine is proposed. The structure of the conception which confirms its scientific character is defined: substantiation of the conception of the goal and directions of the conception realization; tasks concerning realization of directions defined in the conception; identification of steps (ways, measures, methods), the responsibles and timing of implementation; expected results.The factors influencing the formation of a high level of legal culture and citizens’ legal consciousness are determined, the most actual problems that are characteristic for the modern stage of Ukrainian society development are outlined. The structure of general goals and directions concerning the development of legal education in Ukraine is presented. The functions to be performed by the public administration system in the development of legal education (forecasting, planning, organizational, coordinational, regulating, accounting, controlling, informing, explanatory, propaganda, diagnostic, compensatory) are determined.It is proved that the conception should represent a system of views on the development of legal education, the formation of a state policy on the development of legal literacy of the population, consolidation of efforts of state authorities and government, local self-government and various civil society organizations in shaping legal knowledge, raising the level of legal culture and legal awareness of citizens.

FORMATION OF EUROPEAN INTEGRATION DEVELOPMENT STRATEGY OF UKRAINE

Today European integration is a strategic course of Ukraine, its speed increases. It obliges to pay attention to the consequences of European integration. European integration, that is, formation and further strengthening of ties with European countries, has a complex nature (economic, political, social, cultural, etc.) at all levels – transnational, interregional, between separate economic entities. The relevance of the article’s topic is determined by objective nature of European integration process in Ukrainian economy and complex nature of consequences of this process. The purpose of the article is the analysis of the influence of European integration process on the economic development of the country on the basis of scenario approach. The presence of essential regional imbalances in the socio-economic development in Ukraine requires differentiated approaches to the elaboration of development measures aimed at promoting the creation of free trade area, as well as strengthening economic and sectoral cooperation between Ukraine and the EU. Thus, there appears a necessity to monitor and evaluate progress of economic reforms in regions of Ukraine in the context of European integration processes in order to reveal strengths and weaknesses, to substantiate priorities and means of their achievement, as well as possibility of their timely adjustment for improving the region’s ability to follow the vector of European integration. For the purpose implementation, it seems most appropriate to calculate an integral value – European Integration Index (Ір). In the most general terms, the index is a relative magnitude, designed to fulfil the role of a generalized measure of a certain phenomenon, which is formed under the influence of heterogeneous components, which cannot be directly summed up. European integration consequences for the economy of Ukraine are considered and it is shown that these consequences can have not only a positive nature in the form of new opportunities and open markets but also pose a threat. Scenarios for changing the national economy of Ukraine as a result of the influence of European integration processes are determined. A description for each of these scenarios is provided. Assessment of such scenarios is done according to criteria of desirability, probability, and time of realization. A relation between the considered scenarios for changing the national economy of Ukraine over the influence of European integration processes taking into account probabilistic cause-and-effect relationships between individual scenarios is shown. Consequences of these scenarios for the economic development of Ukraine are presented. The research result is the detection and characteristic of scenarios of changes in the economy of Ukraine as a result of the influence of European integration processes, as well as the characteristic of the influence of such scenarios on the country’s economic development. Scientific novelty of research results is defining scenarios of changes in Ukrainian economy under the influence of European integration processes, characteristics of these scenarios and relations among them taking into account the influence of such scenarios on the country’s economic security. The practical value of research results is considered a possibility to provide adaptation of regions of Ukraine to the consequences of European integration processes in the economic and legal field.

Improvement of the Legislation of Ukraine as to the Provision of the Protection of Banking in the Conditions of European Integration

Euro-integration course of Ukraine has caused an intensive development of its banking sphere. The inconsistency between the possible legislative consolidation of criminal responsibility for socially dangerous acts in the banking sector and the objective needs of society in such protection becomes more and more obviousis in Ukraine. The processes of ‘clearing’ the banking system from financial institutions that are insolvent along with the positive results have led to an increase in the level of criminalization of the banking sector. Abuses aimed at taking possession of money from creditors and borrowers of banking institutions have become widespread. External threats to the stable functioning of the banking sector are combined with internal misconduct of unscrupulous bank managers, officials and persons related to the banks. Approaches to legislative regulation of suspicious banking transactions and to identify their real volumes must be improved. The measures aimed at reducing of the level of criminalization of the banking sphere by establishing criminal liability of managers and persons connected with the bank for unlawful acts in the banking sector must be taken. The certain issues of legal regulation of banking activity in Ukraine on criminal legal level are considered. The provisions of international law on these matters are analyzed and the main ways to optimize Ukranian criminal legislation to ensure the safety of banking activity are suggested. It turns out that the need for criminal legal protection of banking is conditoned by an increase in the public danger of these acts at the present stage of the functioning of society. This need is also confirmed by the crisis in the financial and banking spheres of the state, the need to eliminate the gaps in the current legislation on banking safety and the changes that took place in the banking sector of Ukraine in the context of increased integration with the EU.

Foreign policy benchmarks of Pavlo Skoropadskyi's government (according to archival and autobiographical materials)

The author reviews some archival documents and materials of Pavlo P. Skoropadskyi, Hetman of the Ukrainian state, his personal memoirs and executive decisions on foreign policy issues over a period of April-December 1918. Pavlo Skoropadskyi's stand as to building the state and his commitment to the pro-Russian vector are demonstrated. Some examples of practical steps taken by Pavlo Skoropadskyi's government to gain understanding with the Entente countries after Germany and Austria-Hungary lost the war are given. Based on its organizational structure, the type of the Hetman state is defined. An example of rapport with new temporary state formations on the Don and Kuban Rivers is given. The paper describes radical and prompt actions of the Hetman government, taken to draw the Crimea under the dominion of Ukraine. The fallacy of the pro-Russian line of policy of Hetman P. Skoropadskyi in the context of the German and Austro-Hungarian occupation is pointed out. The ambiguous course of Ukraine is exemplified by the formation of its Armed Forces, Cabinet of Ministers and delaying in the implementation of the agrarian reform. The attitude of Pavlo Skoropadskyi to the Ukrainians and the Galicians is demonstrated through specific references to his statements. The paper shows some practical steps in opening embassy missions and consular agencies in European countries, which point to the efforts of the Cabinet of Ministers to win international recognition and authority for the Ukrainian state. A situational geopolitical change of the diplomatic relations is demonstrated by the example of Romania. The main causes of the anti-Hetman uprising are defined as the lack of a negotiation process with representatives of socialist and democratic forces of Ukraine, incapability to enlist the support of rural masses and inferior moods in respect of Russia.

DEVELOPMENT OF THE SOCIALLY-ORIENTED ECONOMY IN UKRAINE: PREREQUISITES AND STRATEGIC FORECASTING

The purpose of this article is to substantiate prerequisites and prospects for the formation and development of the socially-oriented economy in Ukraine. The theoretical and methodological background to the research is system and synergetic scientific approaches, which use in the research of the development of a socially-oriented economy is determined by orientation to basic values and fundamentals of the market economic system and focus on building a democratic society in Ukraine. Scientific results – it is substantiated that in modern conditions of transformational changes, a strategic course of Ukraine is to combine mechanisms of market selfregulation and state regulation, which in its basis is based on principles of socially-oriented economy. Such a model of the economy is focused on a human along with its needs and interests, relations with other members of society during production, distribution, exchange, and consumption. At the same time, social orientation foresees providing high productive economic management that configures private initiative and competition. Results of conducted analysis of analytical indicators of socio-economic development of Ukraine show an urgent necessity and objectivity of forming a socially-oriented economy. It is proved that taking into account increase in openness of the national economy, it is appropriate to consider strict conditions concerning its adequacy to requirements of the current international competition. In this relation, there are analysed vectors of the formation of the socially-oriented economy in Ukraine declared by the Strategy of Sustainable Development “Ukraine – 2020” within which a key reference point is an introduction in the country of European standards of living and its achieving a dominant position in the world. An economic platform of the formation and development of the socially-oriented economy is determined the following: providing economic freedom; availability of different types of business; development of competition; formation of a free pricing mechanism; creation of market and social infrastructure; formation of a model of the open economy. In addition, tools and measures of socioeconomic policy of the state are: transparency of activities of public authorities at all levels; focus of investment flows on an implementation of the nation’s social potential and improvement of the population quality of life; priority of development of a transparent competitive area; demonopolization of business environment; strict control over the compliance with the international practical requirements; successive narrowing a sphere of influence of shadow economy and rooting out corruption; power consolidation and efficient cooperation of all its branches; solving a problem of a conflict in the southeast of Ukraine. Practical implication of the scientific results lies in the fact that the substantiated prerequisites and prospects for the formation and development of socially-oriented economy in Ukraine will contribute to the organization of public production that will combine efficiency of market mechanism and principles of self-organization on the basis of accentualization on achieving high standard of living for all segments of the population.

Industrial-export potential and its impact on Ukraine national security

The article explores industrial-export potential, its components and dynamics of production forces involved in the creation of goods competitive on external and internal markets. Research comprises sensitivities of domestic industry and recommendations aimed at increase of national security level in the course of Ukraine' industrial-export potential realization.On the basis of official statistics provided by Ukrainian and international sources we tested efficiency of export strategy of Ukraine and its impact on country national security. It was revealed that regardless good prerequisites for industrial development, country is highly dependent to external markets fluctuations. One of the risk factors detected in the course of our analysis is a tendency of domestic goods comparative advantage deterioration during 2002-2014 years. For years internal market potential was ignored and it caused almost uncontrolled substitution of domestic products by competitive products of foreign origin. At the same time market share of some products which reveal competitive is insignificant.In order to increase export strategy efficiency it should correspond to national security agenda. It means control over trade risk level, product security, quality standard control and other instruments available on the government level. Offered measures aimed at economic growth and higher level of Ukraine' national security created based on math modeling results.

Communication Policy Challenges of Ukraine in the Context of its European Integration

Ukraine headed for European integration in 1998 when the Partnership and Cooperation Agreement between the European Union and Ukraine came into force. In the following years the Ukrainian society has been preparing to the state’s prospective accession to the EU. However, on 21 November the course of Ukraine drastically changed and the Ukrainian society exploded. The lack of efficient communication policy, specifically close cooperation between the state authorities and the public, absolute disregard for Ukrainians’ interests and requirements became the catalyst of mass protests. The aim of the article is to study the evolution of the development of communication interaction between the authorities and the civil society, to research the reasons of challenges Ukraine has faced in the past years. The article focuses on the legal grounds and the mechanisms of development of Ukraine’s communication policy directions.

The problems of the providing the law in the theory of public administration

The certain theoretical and applied aspects of the law issues solutions in the theory of public administration are explored. It is shown that the consideration of the public administration in the context of European administrative law needs appropriate approaches to the providing of law, which may differ from those traditionally adopted in the law implementation system in the activities of the executive branch. The above is because the European understanding of «public administration» means the service for citizens and society. Ukrainian public servants mostly do not have this understanding. Particular attention should be paid to the Association Agreement Ukraine – EU goals of political dialogue between the parties by «strengthen respect for democratic principles, the rule of law and good governance, human rights and fundamental freedoms». The set of reasoning leads to the conclusion that the public administration in the European sense of the term is not just a set of government agencies in the conventional sense of the word, they perform public administration on the principles of «good governance». The aim of «good governance» is not to achieve results at all costs, but to build a transparent process of policy implementation based on broad participation of citizens and in their interests. One of the main principles of «good governance» is the implementation of «public administration» based on the rule of law. The Constitution of Ukraine expressly provided several features of the implementation of the rule of law in administrative relationship. It is established that a rule of law means a justice and equality before the law. Under these conditions, the question concerning the obligation of the authorities to refrain from abusing the discretion powers and act the same way in the same cases, remains actual. The European administrative law requires that the subject of authority must follow the principle of unity of law and avoid adopting different solutions in the same situations. There is also still a question of effective judicial monitoring of government discretion powers. Implementing the theory of public administration in administrative law Ukraine meets European course of Ukraine.

PECULIARITIES OF THE RATIFICATION AND IMPLEMENTATION OF THE EU-UKRAINE ASSOCIATION AGREMENT

PECULIARITIES OF THE RATIFICATION AND IMPLEMENTATION OF THE EU-UKRAINE ASSOCIATION AGREMENT

THE ASSOCIATION AGREEMENT BETWEEN THE EUROPEAN UNION AND UKRAINE: COOPERATION IN THE FIELDS OF EDUCATION AND SCIENCE

The cooperation between Ukraine and the EU in the sphere of education and science in the framework of the EU-Ukraine Association Agreement (signed in 2014) is characterized. The political and legal aspects of cooperation between Ukraine and the EU in the sphere of education and science at present time and in the context of the implementation of the provisions of the new agreement are analyzed. The prospects of involvement of our country to the European Education Area in the context of Ukraine’s participation in the Bologna process are investigated. The educational programs financed from the budget of the European Commission are aimed at the support providing to the partner countries in reforming higher education according to the principles of the Bologna process. In May 2005 our country signed the Bologna Declaration and become an active participant in these processes. The importance of the study of the educational policy of the EU is also determined by the immediate proximity of Ukraine and the EU and increasing interest in Ukrainian society to the opportunities and prospects of Ukraine’s European aspirations at this stage and the positive dynamics of cooperation in education and prospects for implementation of the Bologna process in Ukraine. The last EU enlargement has created a completely new situation on the European continent and brought Ukraine directly to the EU borders, which affects both the relations between Ukraine and the EU, and the development of Ukraine in general. Within the EU educational policy and the EU external assistance programs, the EU is implementing several activities in education, which supplement internal EU programs. Particular attention is paid to the higher education system, which plays a key role in the development of modern society, contributing to the social, cultural and economic development, promoting the pan-ethical and cultural values and preparing the future leaders. Ukraine is also an active member of the European educational programs and projects, including: Tempus, Erasmus Mundus External Cooperation Window, Erasmus Mundus and Jean Monnet Programme. Since 2014 the EU has introduced new programs in education and science such as educational program Erasmus +, uniting all the above-mentioned programs under one roof for the period 2014- 2020, which supports projects, partnerships, events and mobility in education, training, youth and sport, as well as research program Horizon 2020. The concepts, implementation mechanisms of cooperation between Ukraine and the EU in the spheres of education and research in the context of the Association Agreement and on the basis of prospects of Ukraine’s participation in these new European programs are described. Thus, besides the actual European integration in education, through the education system the awareness of the broadest ranges of Ukrainian citizenship need of the fullest possible realization of general strategic course of Ukraine’s integration into European and international structures to protect its national interests and realization of spiritual and intellectual potential of the Ukrainian people to benefit of present and future generations can be actively generated. Key words: European Union (EU), the educational policy of the EU, the European educational area, Ukraine, EU-Ukraine Association Agreement, Erasmus Mundus, Tempus, Erasmus+, Horison 2020.