European Vector Research Articles

АНТИКОРУПЦІЙНА ПОЛІТИКА В КОНТЕКСТІ ЄВРОІНТЕГРАЦІЇ УКРАЇНИ

The necessity and relevance of the study of the experience of formation and implementation of anti-corruption policy in the EU member states in order to implement it in Ukraine, due to its European integration vector of development is substantiated. The essence and causes of corruption depending on the spheres of society, as well as the characteristics of corruption in Ukraine and its impact on the economic and social parameters of the country, resulting in lower living standards. The existing models of perception of corruption in the world and the main strategies of anti-corruption activity are described. It is proved that the choice of strategy and model of anti-corruption activities in each country depends on many factors, and Ukraine's European integration course requires harmonization of national anti-corruption legislation with EU standards. The main causes of corruption in EU member states and features of anti-corruption policy of some European countries are analyzed. It has been shown that corruption is more or less common to almost all EU countries, however, common to all countries in terms of formation and implementation of anti-corruption policy is that it aims to minimize opportunities for corruption offenses. It is established that the basis of the anti-corruption policy of the Scandinavian EU member states is the concept of public administration "Good Governance", which combines institutions, processes and mechanisms through which citizens express their interests and exercise legal rights. It was found that EU countries do not pursue a common anti-corruption policy, and each country develops its own anti-corruption infrastructure, which aims to minimize opportunities for corruption offenses. It is proved that the insufficient effectiveness of the mechanisms of the state anti-corruption policy makes it impossible to carry out structural reforms on the way to full membership of Ukraine in the EU. Priority areas for further formation and implementation of anti-corruption policy in Ukraine have been identified, taking into account European integration aspirations and existing international standards.

Удосконалення економічного механізму природокористування в умовах інституціональних трансформацій: цілі, глобальні та національні детермінанти

It is substantiated that in the conditions of deepening institutional transformations in the natural resource sector of the national economy, which involve the reform of the natural resource management system, the diversification of ownership of natural resource and natural economic assets, the institutionalization of new organizational and legal forms of environmental protection and environmental economic entrepreneurship, the problem of improving the economic mechanism of nature management both at the national and local levels is being updated. It was revealed that the main prerequisite for the formation of a modern economic mechanism of nature use is the development of regulatory and legal support for the diversification of methods, tools and levers of regulatory influence on nature users. It has been established that the following are the main global determinants that must be taken into account when modernizing the budget-tax, monetary-credit, regulatory-permissive and advisory components of the economic mechanism of nature use: the European integration vector of Ukraine's development; modern global environmental protection architecture; the conjuncture of world commodity markets. Studies have shown that the main national determinant of the development of measures to improve the economic mechanism of nature management is the decentralization of power and the reform of local self-government, which provide for the transfer of a significant bundle of powers, in particular in the system of natural resource management and environmental protection, to the level of territorial communities. It is substantiated that when institutionalizing and differentiating the level of regulatory influence on nature users, it is necessary to take into account the specifics of the functioning of the public and corporate sectors and the household sector in the field of nature use. It was established that the list of main goals for improving the economic mechanism of nature management should include: increasing the level of capitalization of the economic development of natural resource potential and the use of ecosystem services; provision of integrated nature management and environmental protection in the public and corporate sectors, as well as in the household sector; increasing the level of social and environmental responsibility of business; creation of conditions for accelerated development of various types of bioenergy.

STRUCTURAL EQUATIONS MODELING OF THE DIGITALIZATION PROCESS INFLUENCE ON THE DEVELOPMENT OF THE EDUCATIONAL SERVICES MARKET

The educational services market functions under the influence of numerous factors that have both direct and indirect effects on it. In today's conditions, they primarily include the digitalization process, the characteristic feature of which is its impact on all spheres of social life, and the educational services market is no exception. The digitization process ensures the formation of the necessary digital competencies in the population and the employment of qualified personnel in the field of IT. The question of researching the impact of the digitalization process on the development of the educational services market is becoming more and more relevant and is especially acute in the conditions of the COVID-19 pandemic and the Russian invasion of Ukraine. The information base of the conducted research is official statistical data of Eurostat and the European Commission, analytical reports and scientific publications of domestic and foreign authors regarding the connection between the digitization process and the development of the educational services market. In the countries of the European Union, the digitalization process is an integral element of their development, its strategic orientations are defined in the document “Digital Compass 2030: The European Path of the Digital Decade”, which aims to the improvement of digital capabilities in infrastructure and education, as well as in the digital transformation of business and public services . The study was conducted on the dataset of indicators of 27 European countries characterizing the digitalization process and the development of the educational services market in 2021, by modeling structural equations using the PLS-SEM partial least squares method. The results of the conducted research confirmed the existence of a statistically significant positive impact of the digitization process on the development of the educational services market as a whole at the level of the structural model. Such indicators as the level of household Internet access, the employment of IT specialists, state financing of education, and the share of the population with higher education are statistically significant and relevant within the measurement models. Taking into account the European integration vector of Ukraine's development, the research results can be used to harmonize the process of digitalization of the economy and the transformation of the educational services market of Ukraine, in particular in the direction of expanding the level of access to the Internet and stimulating employment in the IT sphere.

European integration development of Ukraine: current section in conditions of martial status

The European integration vector of Ukraine 's development has been studied. The risks of endogenous economic development in the context of the Association Agreement with the EU are highlighted. The main risk in the pre-war period was the raw material orientation of exports to the EU. Military action has blocked logistics routes, reduced exports, and restructuring the commodity structure of exports with an increasing share of high value-added products has become a priority for postwar recovery. It is determined that the necessary condition for the implementation of the Agreement is the approximation to Euro standards through harmonization with European technical, technological, phytosanitary, environmental norms and standards. The need to adhere to clearly defined standards restrained the intensification of exports, but made products more competitive and expanded opportunities for their export. It was determined that the harmonization process was somewhat slow, which was due to the lack of sufficient qualified staff in the system of technical regulatory bodies. It is noted that a large amount of work is planned for the period until 2025, which would harmonize regulations and technical regulations in accordance with EU legislation, however, it is currently difficult to predict how much work will be implemented, which will negatively affect the export potential of Ukrainian manufacturers. It is noted that the development of cooperation in high-tech sectors of industrial production, creating conditions for entering the EU market with products with a high share of added value requires ratification of the Agreement on Conformity Assessment and Acceptance of Industrial Products (ACAA). It was found that the process of preparation for "industrial visa-free travel" is asymmetric without a clear time frame on the part of the EU. It was found that the hostilities caused significant losses and reduced export potential of Ukrainian agribusiness, including organic products. It is determined that among the problems of export of Ukrainian organic products remains mostly its raw material nature with low added value.

ПЕРСПЕКТИВИ РОЗВИТКУ УКРАЇНСЬКОГО РИНКУ АВТОМОБІЛЬНИХ ВАНТАЖОПЕРЕВЕЗЕНЬ: ЄВРОІНТЕГРАЦІЙНИЙ АСПЕКТ

The experience of European countries shows that the developed transport infrastructure, such as sufficient number of carriers, reliable communication routes, efficient logistics systems, contributes to the development of national economies and the improvement of the life quality. The development of the country’s transport and logistics system is influenced by the level of the development of international cooperation and indicators of the national economy development. Investments, scientific and technological developments in this area contribute to the implementation of the latest approaches to the operation and improvement of the transport and logistics complex. Regulation and support from the public sector contribute to the creation of a proper model of the functioning of this industry and counter monopolization at the national and international levels. The dynamics of modern integration processes is determined precisely by the level of the development of the transport component, owing to which global supply chains and commodity flows are formed. In 2021, the Ukrainian road freight transport market was at the stage of emerging from the crisis caused by the coronavirus disease. But the Russian-Ukrainian war has become a source of new risks for our country. Revival of the road freight transport market in the post-war period involves the restoration of business entities in the field of transportation on new technical and technological bases. The European integration vector of Ukraine’s development involves ensuring access to quality and ecologically safe transport services, which is impossible without digital transformational changes. In the conditions of the European integration of Ukraine, the issue of constant improvement of the legal basis in this area remains relevant. Domestic economic science should offer new options for the effective reconstruction of the entire economic complex in Ukraine.

The European integration vector of forming the military identity of Ukrainians

The European integration vector of forming the military identity of Ukrainians

ДІЯЛЬНІСТЬ УНІВЕРСИТЕТІВ У ПОДОЛАННІ КРИЗОВИХ СТАНІВ СУСПІЛЬСТВА (ПРАКТИКА ВПРОВАДЖЕННЯ МІЖНАРОДНИХ ПРОЄКТІВ ЕРАЗМУС+)

The article shows the important roles and tasks of Ukrainian universities in overcoming the challenges of crisis States of society, in particular, the pandemic, war, and post-war reconstruction. Also in this context, the practical studies of the university community in crisis situations conducted at the National Pedagogical Dragomanov University are considered, in particular, the study of social cohesion as a social phenomenon, and its impact on the development of society and the educational community. The social role of education, in particular, in the development of social cohesion, is also presented. It is shown that an important task is to develop social cohesion in the educational space, in particular, in the context of crisis States of society. The article continues the research on social cohesion, which has been conducted at the National Pedagogical Dragomanov University since 2016, and summarizes the research conducted. The practice of implementing Erasmus+ projects is demonstrated, including a new project on the Jean Monnet center of excellence at the NPU named after M. P. Dragomanov. The importance of the European integration vector of sustainable development of higher education in Ukraine for the university community was noted.

Economic Mechanism of Recursive Cooperation of Forestry and Territorial Communities Regarding the Effective Use of Wild Plants

It was emphasized that the forest industry plays an important role in economic, recreational, and ecological terms. The study focuses on current and potential opportunities for growing, collecting and using wild plants. Several aspects of the economic analysis of the state of the forest industry of Ukraine in comparison with the relevant indicators of individual European countries are presented. When comparing the level of forested areas, it was found that Ukraine occupies an average position. When comparing the amount of wild rose from one hectare, it was determined that Ukraine is ten times inferior to such countries as Portugal and the Czech Republic. Substantial reserves for a significant increase in the volume of wild rose harvesting during the prospective period have been substantiated. Significant problems of the current development of the forest industry were also revealed, in particular: insufficient theoretical support for the development of the forest industry, incompleteness of the processes of reforming the industry, ineffectiveness of the recursive cooperation of these farms and territorial communities, insufficient investment resources, in particular those that provide deep technological processing of raw materials. The analysis of the pragmatics of the functioning of forestry made it possible to come to a conclusion about promising productions, in particular, the use of wild berries in fresh form, freezing of products, drying of berries, fruits, mushrooms, canning, use in the confectionery and perfume industries, for medicinal purposes. The scientific novelty of the study is the development of an appropriate mechanism of cooperation between forestry and territorial communities, which is built on a recursive approach. The formation of this mechanism took into account the peculiarities of the development of communities as a result of decentralization and the directions of reforming the forest industry in the context of the European development vector of Ukraine. Taking into account the expediency of establishing such cooperation between these subjects, specific directions of cooperation between them are proposed, which include the coordination of the boundaries of the accompanying territorial areas, the audit of the volume of wild rose collection, the development of measures to increase the volume of wild rose collection, the assessment of the location for the possible processing of wild rose, the development of a joint business plan for collection and processing of wild plants. The mechanism of recursive cooperation between forestry structures and territorial communities is substantiated, and specific areas of cooperation between them are proposed.

СОЦІАЛЬНА ЗГУРТОВАНІСТЬ ОСВІТНІХ СПІЛЬНОТ В УМОВАХ КРИЗОВИХ СТАНІВ СУСПІЛЬСТВА

The article shows the important role of social cohesion as a social phenomenon, its impact on the development of society. The social role of education, in particular, in the development of social cohesion, is also shown. It is shown that an important task is to develop social cohesion in the educational space, in particular, in crisis states of society. The article continues social cohesion studies, which are conducted in the National Pedagogical Dragomanov University since 2016, and demonstrates one of the current stages. The study is an adaptation of the "Social Cohesion Radar" model at the university community level. The study is based on primary data from the author's questionnaire. The important role of not only social cohesion but also scientific research in this phenomenon is demonstrated, both within the framework of implementing national research projects and international projects with the support of the European Commission's Erasmus+ Program directed by Jean Monnet. The connection between the development of the university community and the European integration vector of sustainable development of higher education in Ukraine is shown.

The problem of consistency of Ukrainian private law with the provisions of Directive 2019/771 on consumer rights in case of non-conformity of the goods transferred under the sales contract

The publication is devoted to the study of the problems of adaptation of Directive 2019/771 of the European Parliament and the Council on certain aspects of contracts for the sale of goods dated 05/20/2019 under Ukrainian legislation. T h e publication carrie d out a comparative analysis of the provisions of Directive 2019/771 on the legal consequences of the non-conformity of goods transferred under the sales contract with the terms of the contract and the provisions of the national legislation on the protection of consumer rights. Taking into account the European integration vector of the development of national legislation and Ukraine᾽s obtaining the status of a candidate country for EU membership, the question of adapting the relevant European legal acts to the national legal order is extremely relevant. The purpose of the article is to clarify the key problems of Ukrainian private law in the field of contractual relations of purchase and sale of consumer goods and to formulate possible models of adaptation of Directive 2019/771 – «copy & paste» and models of Europeanization. Despite the existence i n the national legislation o f Ukraine of a disconnection of the normative regulation of contractual relations of purchase and sale and the accumulation of terminological concepts in these act s , the approach to the legal consequences of the transfer of goods of inadequate quality is quite rational. To strengthen the provisions of the private law of Ukraine, authors consider it necessary to unify the national civil legislation by enshrining all the main regulatory norms in the fundamental legal act – the Civil Code of Ukraine and harmonizing the relevant laws with its provisions. The authors proved that the Europeanization model of the adaptation of Directive 2019/771 is the most effective since its application will not only allow adapting national legislation to European standards but will also positively affect the systematization of existing legislative provisions.

PEDAGOGICAL CONDITIONS FOR THE DEVELOPMENT OF THE PROFESSIONAL COMPETENCE OF OFFICERS OF THE OPERATIONAL LEVEL OF MILITARY EDUCATION AND EXPERIMENTAL VERIFICATION OF THEIR EFFICIENCY

The article is devoted to the problem of professional training of border guard officers of the operational level of military education. The purpose of the article is to carry out a selective-aspect analysis of scientific literature on the presented problem of determining pedagogical conditions for the development of professional competence of border guards. The author proved the relevance of the problem proposed in the article: the content of professional training of officers of the State Border Service of Ukraine should take into account the best world experience of professional training of representatives of the security and defense sector, changes in the modern world community and, at the same time, the European integration vector. One of the ways to ensure high-quality professional training of future border officers of the operational level of military education is to increase the level of their professional competence. The following pedagogical conditions are proposed: taking into account the requirements of the competence approach and the peculiarities of the professional activity of border guards in the professional training of operational level officers; the use of modeling methods in the educational process in order to perform leadership functions in the professional activities of border guards; systematic introduction of modern pedagogical technologies into the process of border guard officers, which make it possible to study the components of operative and official activity; improvement of the methodology of conducting organizational forms and ways of implementing professional activities according to NATO standards. The content of each pedagogical condition is revealed. The results of the formative stage of the pedagogical experiment regarding the effectiveness of pedagogical conditions for the development of the professional competence of border guard officers of the operational level of military education are presented. The conclusions of the conducted research and the prospects of further scientific research are formulated (clarification of the content of methodological recommendations to scientific and pedagogical workers regarding its development).

К вопросу становления политики безопасности ФРГ

The article examines the issue of the formation of Germany's security policy after the Second World War. The German security policy at the present time was formed in the conditions of the Cold War. The German entry into the system of military-political alliances of the West was due to the country's subordinate position in relation to the Western occupying powers. Initially, there were two vectors in security policy: the European and the transatlantic, linked to the United States and NATO. The first government of the Federal Republic of Germany, led by Konrad Adenauer, tried to take into account both the European and transatlantic vectors. Moreover, this trend continued later. As a result, the military component of European integration did not find the proper development and wasn't regarded as a significant competitor for NATO. Furthermore, the history and a highly developed pacifist movement leave a significant imprint on the German security policy. The pacifist movement began in Germany in the 1950s in response to the government's decision to remilitarize. The ideology of pacifism in the form of rejection of the growth of the Bundeswehr, military spending, the participation of the German contingent in NATO military operations - all this remained as a part of the German socio-political consciousness. Also, the formation of security policy in Germany is historically the result of a broad intra-social consensus. The result of this compromise is in some way the “White Paper” or “White Paper of the Bundeswehr”, a conceptual document on threats to national security and plans for the development of the Bundeswehr for the coming years, developed by the Ministry of Defense in 1969 with extensive discussion by parliament and the public.

ПРОБЛЕМА ОЦІНКИ ЕКОНОМІЧНИХ ВТРАТ ВІД ВІЙСЬКОВОЇ АГРЕСІЇ ДЛЯ УКРАЇНИ

Russia's war against Ukraine has caused a humanitarian, social, and economic catastrophe for Ukraine, as well as a major risk factor and uncertainty in the economic, humanitarian, social, and security spheres in Europe. These phenomena in a globalized world can cause a crisis around the world, going far beyond the continent. It is possible to estimate the amount of losses for industry, infrastructure, agriculture of Ukraine only after the cessation of the active phase of hostilities. However, data on losses are needed at the present stage to plan recovery, justify financial assistance to international agencies and donor countries, and to use the total amount of losses in lawsuits against the aggressor country. This was the reason for the urgency of such a study. The article systematizes the challenges of economic and social development in the regional and global aspects, high probability of rising food and energy prices was pointed out. The main negative consequences are expressed in the humanitarian and social spheres, rising prices and food and raw materials, as well as security risks. The authors summarize the data on losses for the Ukrainian economy from the military conflict. The analysis was conducted within certain regions of Ukraine, industries. It is noted that the most affected regions of Ukraine were the regions with the greatest production potential. The dynamics of changes in the production load of enterprises and institutions of Ukraine from the beginning of March to the end of May is analyzed. Emphasis is placed on the share of production capacity of certain industries located in the liberated and temporarily occupied regions of the country. The threatening condition of metallurgy and mechanical engineering is noted. Thus, planning the recovery of Ukraine's economy in the postwar period is impossible without careful and correct consideration of all damage to industrial, infrastructural and social facilities. Obtaining Ukraine's candidate status for accession to the European Union can facilitate the procedure for financing post-war reconstruction and the path to future membership will be the key to the European vector of development of Ukraine.

ПРІОРИТЕТНІ НАПРЯМИ ІНТЕГРАЦІЇ УКРАЇНИ ДО ЄВРОПЕЙСЬКОГО ОСВІТНЬОГО ТА ІННОВАЦІЙНОГО ПРОСТОРУ В УМОВАХ РОСІЙСЬКО-УКРАЇНСЬКОЇ ВІЙНИ

The article is devoted to the significant topic of European integration of the Ukrainian education and science system in difficult conditions of russiа planned military aggression against Ukraine. A brief retrospective analysis of the relations between Ukraine and the EU over the last three decades was made. Attention was focused on the priority of the European vector of development of the national economy, and therefore the sphere of education, science and innovation. The statistical data describing the current state of the educational infrastructure of Ukraine, which suffered significant destruction as a result of war crimes of russia, were given. The main measures taken by the team of the Ministry of Education and Science of Ukraine and the EU partners to ensure the sustainability and continuity of the educational process for Ukrainian refugee students abroad were described. Several EU initiatives were outlined to support Ukrainian students, teachers and researchers in the conditions of war, in particular the ERA4Ukraine portal, MSCA4Ukraine program and others. A new project of Ukrainian Educational Hubs, which implements the concept of lifelong learning for the development of the human capital of Ukraine was demonstrated. Such educational centres offer, inter alia, the opportunity to study IT and working professions, acquire the most demanded skills of professional growth, improve the Ukrainian and English languages, receive psychological support, etc. It is emphasized that an important component of the process of integration of Ukraine into the European educational and innovative space is the digital component. Some examples of successful digitalization in the sphere of education and science are given, including such national systems as the software and hardware complex «Automated Information Complex of Educational Management», System of Automation of Inclusive Resource Centres, Ukrainian Research Information System, etc. The list of the most successful current research information systems in European countries was presented. The importance of financial assistance and support provided by European countries through diversification of funding was stressed. Proposals on the necessity of intensification of European integration processes in the sphere of education and science of Ukraine and strengthening international cooperation in the field of research and innovation were submitted.

ЛЮДСЬКИЙ ПОТЕНЦІАЛ В УМОВАХ ЄВРОІНТЕГРАЦІЇ УКРАЇНИ

The paper is devoted to the research of the role of human as the basis of human potential of the country on basis by the disclosuring of the concepts of human potential and analysis of the human development index, human capital index and the Global Competitiveness Index of Ukraine and the European Union. The expediency and necessity of digitalization of the state processes, the electronic document management system (EDMS), the electronic interaction with citizens and the electronic services are substantiated. Today in Ukraine the European integration acquires a qualitatively new meaning. This is due to the complex socio-economic and political processes, which are associated with the Ukraine’s chosen European vector of development, which in the perspective will help improve the socio-economic situation of society. The human potential is the broadest socio-economic category which characterizes the human participation in social processes. Human potential determines not only the country’s desire to ensure the future existence of creative, the qualified personnel, but also significantly affects on the expanded social renewal in terms of demographic, economic, social and spiritual life. Accordingly, in the digital economy, human resources should be given priority attention on the all levels of government. The development of human potential is influenced by the large number of factors (demo- graphic, investment, natural, housing, social, technical and technological, labour, economic, educational and innovative). One of the most recognized and widespread indicators in the world practice that assess the state, problems and level of human potential are such key indicators as: human development index, human capital index, the global competitiveness index. These indicators allow reflecting the impact on human potential of all these factors and show Ukraine in the ranking of countries of the world. The economic crises have affected on the Human Development Index (HDI) not only on Ukraine, but also on the European countries. In fact, over the ten-year period, the HDI rate for the European countries has deteriorated significantly, but with given the negative economic phenomena of 2017 and 2018, it still had some positive changes as of early 2020. At the same time, the small post-Soviet and now the European countries have significantly improved this indicator by conducting the successful reforms of social sphere. The Human Capital Index (HCI) shows that 70% of the national wealth is formed by the developed countries and only 30% of the national wealth of Ukraine. What is even worse is that while the developed countries are increasing their human capital, Ukraine is losing it. The Global Competitiveness Index (GCI) should be used by the countries, which are striving to remove the existing barriers to the economic development and competitiveness as a tool for analyzing the problematic issues in their economic policy and develop anti-crisis strategies. According to the GCI, Ukraine has improved its state, but this improvement is extremely slow, while the EU’s countries are among the TOP-fifty countries with a high level of competitiveness. Thus, during the research period, almost all indices (except HDI) have increased, however, such increasing did not provide the best position of Ukraine in the world rankings, which indicates about the need significantly much higher rates of intellectualization of the economy. The changes are quite slow. On the basis of conducted analysis, it can be stated that the level of using of human potential are not improving in the recent years. As the observations are shown, the using of human potential in Ukraine takes place in conditions of the crisis phenomena in the economy and socio-cultural contradictions in society. The reform of the economy as a whole and its individual sectors, in particular, the public sector of the economy, the electronic document management system (EDMS), the electronic interaction with citizens and services has a great influence on the improvement of the analyzed indices.

Foreign Economic Priorities for the Development of Agro-Food Enterprises in European Integration Business Partnership

Agro-food production is a source of the national food security, the basis for increasing its export potential, meeting domestic demand for agricultural products and food. The relevance of the subject under study is that Ukraine is currently developing the European vector of foreign economic activity. The purpose of this study is to substantiate a set of indicators used to assess the export potential of agro-food enterprises in the European integration business partnership both qualitatively and quantitatively. The authors used general scientific methods (analysis, synthesis), integrated approach, model of the hierarchy of factors influencing the integration business environment on the export potential of enterprises. Permissible tariff quotas for the volume of duty-free exports of crop products, livestock, and processed goods for Ukraine have been allocated. The volume of concentration of production of export-oriented agricultural crops in the enterprises of agrofood production of Ukraine was analysed. It was established that the bulk of agro-food exports are agricultural raw materials, including cereals and oilseeds, vegetable (sunflower) oil. The study estimated the efficiency of corn exports on average per agro-food enterprise in Ukraine under the conditions of currency risks. It was determined that in 2020 the total export costs for 1 tonne amounted to 186.18 USD. Furthermore, it was found that the profit received as a result of export activity for 1 tonne was 76.90 USD. The authors identified the parameters of the regression equation and their estimation in the dependence model of Ukrainian internal prices on export prices for agrofood products on the world market. The gravitational model of the integrated level of the export potential of Ukrainian agro-food enterprises was proposed to stimulate foreign trade on the world market and ensure a stable business partnership with European Union member states

Legal Status of the Business Entities in Ukraine in the Context of Changes in Current Legislation

This study is relevant since currently, Ukraine undergoes the reformation and revision of private legislation, considering the European vector of development of the state. The problems of improving the status of legal entities as business entities were also considered. Therefore, the purpose of this study is to examine the legal status of business entities in Ukraine in terms of changes in legislation and to develop on its basis the original view of this issue. In accordance with the purpose of the study, the following methods are used: historical, systems analysis, generalisation, comparative and functional methods of scientific knowledge. The reform of civil legislation is under study and its necessity in the area of solving problematic issues of legal regulation of business entities in Ukraine was determined. It was stated that civil law eliminates the full liability of full members for the obligations of a general partnership. Ways to improve the legal mechanisms for regulating relations with the involvement of business entities and their participants were investigated. Moreover, the paper provides recommendations for amendments to the legislation to address the issues identified in the study. Provisions and conclusions of the study can be used in the preparation of relevant textbooks, manuals, and comments on regulations governing the status of the business entity and in the activities of such entities to address certain issues regarding their status.

The European vector of environmentalization of the cultural and educational space of primary school teachers in the system of postgraduate education

The European vector of environmentalization of the cultural and educational space of primary school teachers in the system of postgraduate education

ПРАВОВИЙ АНАЛІЗ ДОГОВОРУ ФРАНЧАЙЗИНГУ В СФЕРІ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ

Introduction. Despite the widespread franchising relations in the world, they still do not have sufficient legal regulation in the national legislation. This can be explained by the fact that franchising in Ukraine began to develop relatively recently, namely with the independence of our country in 1991. The regulatory legal act, which first enshrined the provisions of the franchise agreement, is the Civil Code of Ukraine, but it should be noted that the peculiarity of domestic legal regulation is the use of the category of "commercial concession agreement", which in essence fully corresponds to the franchise agreement. In this context, it is important to conduct a legal analysis of such an agreement and provide proposals for improving the national legislation in the field of regulation of franchising relations. Purpose. The purpose of the study is to conduct a legal analysis and develop proposals for improving the legal regulation of the franchise agreement at the legislative level, taking into account international experience that has already proven its effectiveness and can become the basis for developing amendments to the current legislation of Ukraine. Materials and methods. The materials of the study are: 1) regulatory and legal support of the peculiarities of the legal regulation of the franchise agreement; 2) works of domestic and foreign authors who conduct their scientific and practical research on the subject of the franchise agreement and its components, as well as analysis of proposals for the legal regulation of the franchise agreement. The methodological basis of the work is the following methods: in particular, in the process of studying the subject of the franchise agreement and its components, the methods of analysis and synthesis were used; the method of abstraction and generalization was used in defining the concept and legal nature of the franchise agreement; deduction method - in the development of some proposals for improving the current legislation of Ukraine in the field of legal regulation of the franchise agreement; comparative legal method was used in the process of studying the legal regulation of the franchise agreement in certain countries of the European Union; formal legal method - in the analysis of the norms of current and prospective legislation; system-functional method - in the study of the composition and forms of franchise relations, as well as the structure of the franchise agreement. Results. The process of formation of legal regulation of the franchise agreement in some countries is analyzed. A review of legislative acts was carried out and problems in the legal regulation and definition of the concepts of franchising and commercial concession were identified, and it was noted that differences in the interpretation of concepts in the course of entrepreneurial activity can lead to negative consequences in the form of litigation, loss of status of the organization, reduction of business development efficiency, financial costs, etc. The legal analysis of the transfer of rights under a franchise agreement to a commercial name and trademarks together with commercial information containing information about the experience of the right holder's business activity was carried out. Given the analysis of individual means of individualization of the right holder, attention is drawn to the fact that the individual terms of the commercial concession agreement include the term of its validity. Prospects. Based on the positive experience of the European Union Member States with regard to Ukraine's European integration policy, the author suggests that one of the possible proposals for improving national legislation on the legal regulation of the franchise agreement is the adoption of a separate regulatory act which would enshrine the specifics of legal relations under the commercial concession agreement, as well as revision of the provisions of the Civil and Commercial Codes of Ukraine relating to the legal regulation of pre- contractual liability and disclosure of information about the franchisor's activities. Taking into account Ukraine's choice of the European vector of development, it is proposed to replace the term "commercial concession" with the internationally recognized term "franchising" by amending Chapter 76 of the Civil Code of Ukraine, which, accordingly, should be renamed from "Commercial Concession" to "Franchising". Not only the name of the agreement itself, but also the names of its parties, the right holder and the user, which are currently defined by the current legislation, need to be changed. They should be changed to the franchisor and franchisee respectively, following the example of most foreign countries, including the member states of the European Union.

ОЦІНЮВАННЯДІЯЛЬНОСТІНАУКОВО-ПЕДАГОГІЧНИХПРАЦІВНИКІВУКОНТЕКСТІІНСТИТУЦІЙНОЇПОЛІТИКИУНІВЕРСИТЕТІВ

Introduction. This paper examines the factors, which ensure quality evaluation of activities of scientific and teaching staff in the context of institutional policy of Ukrainian universities. Ukrainian educational institutions are focused on the European vector of development, due to which evaluation of scientific and teaching staff has become a component of internal quality assurance in tertiary education. Enjoying the right of institutional autonomy, universities independently develop regulations and procedures for its implementation. At present, every educational institution has accumulated sufficient experience in evaluating activities of scientific and teaching staff, hence studying and generalizing this experience are of considerable scientific interest, since it has practical application. The latest publications on the problem under discussion almost exclusively emphasize the significance of rating activities of scientific and teaching staff, and disclose appropriate methods of doing this. The role of institutional autonomy in organizing and conducting such a rating alongside the trends of developing and improving evaluation remain either unexplored or deficient in support. With this in view, these issues are brought to the forefront of this study. Purpose. The article is aimed at exposing the results of a comparative analysis of experiences gained by Ukrainian universities in evaluating activities of scientific and teaching staff, and outlining prospects for further development of this component of internal quality assurance in tertiary education with regard to the goal of evaluation results. Methods. In the course of investigation, multiple research methods have been employed, specifically analysis, comparison, in-depth examination and generalization of foreign experiences in evaluating activities of scientific and teaching staff; in addition, a corresponding survey has been conducted, based on the data received from questionnaires of pedagogical personnel. Results. The analysis of the institutional policy of tertiary education institutions concerning evaluation of activities of scientific and teaching staff has revealed that teacher and student ratings dominate in Ukrainian universities. The results of the conducted survey illustrate that among 209 scientific and pedagogical workers of 41 higher educational institutions, 179 respondents, or 85.6%, prioritized a teacher rating of professional activities of scientific and pedagogical staff, whereas 121 respondents hierarchized a student rating. The percentage of responses indicating the use of other types of evaluation is low. In contradistinction to Ukrainian practices, in European and American educational contexts, student ratings rank above all others. In addition to the abovementioned types of evaluation, foreign universities practice expert evaluation, evaluation by teachers, and evaluation by stakeholders. With the strengthening of institutional autonomy, the procedure of evaluating activities of scientific and teaching staff has acquired the integrity, which is exposed in the article progressively at the institutional and personal levels. Originality. This study is innovative since it has pioneered evaluation of activities of scientific and teaching staff and divulged it as a holistic process at the institutional and personal levels with clearly distinguished stages /steps. Conclusion. Institutional autonomy enables universities to independently conduct and improve evaluation of activities of scientific and teaching staff. They are also open for study and dissemination of their own achievements along with adopting advanced ideas of Ukrainian and foreign experiences. Institutional autonomy fosters continuous improvement and elaboration of quality indicators and procedures of rating activities of scientific and teaching staff. Among evaluation methods, Ukrainian institutions of tertiary education prioritize self-assessment by scientific and teaching staff, and questioning of students. Foreign practices expand ratings to testing and electronic portfolio. The article provides implications for further research of the issue under discussion in such areas as a contrastive analysis of Ukrainian and foreign experiences in a student rating of scientific and teaching staff, and conducting a pedagogical experiment on expert evaluation of professional activities of teachers.