Freedom In Ukraine Research Articles

THE PHILOSOPHY OF FREEDOM AND ITS LIMITS: UKRAINIAN EXPERIENCE OF DEMOCRATIC DEVELOPMENT

The purpose of this research is a philosophical reflection on the category of freedom in the context of Ukraine’s democratic development, with a focus on its limits in light of current political and social challenges, particularly war and crises. The study analyzes the historical stages of the concept of freedom in Ukraine, the legal and ethical constraints placed on it, and the existential dimension of responsibility tied to individual choice. The research methods include critical analysis of philosophical and political works, synthesis of approaches from different philosophical schools (particularly liberalism and existentialism), comparative analysis of freedom and responsibility concepts, and systematic analysis of the legal and ethical challenges facing modern Ukrainian society. The results of the study reveal that the concept of freedom in Ukraine has specific historical features, related to the ongoing struggle for national independence, and dynamically changes under the influence of external threats and internal political processes. It is determined that the limits of freedom are shaped not only by legal norms but also by ethical and societal factors that actively shape Ukrainian public discourse. Special attention is given to the existential dimension of freedom as responsibility, which manifests in complex moral choices in the context of war. The scientific novelty of the article lies in the combination of historical, legal, and existentialist approaches to understanding freedom in the context of Ukrainian democratic development, providing deeper insights into the relationship between freedom and responsibility during periods of social crises. The theoretical significance of the work lies in expanding the philosophical understanding of the category of freedom within the Ukrainian context, its interaction with legal and ethical norms, which is essential for further research in political philosophy and law.

Legal regulation of education in Ukraine. Part 3: equal rights, security and dignity of students and language requirements for admission to an educational institution under the conditions of military emergency

The purpose of this article is to continue the analysis of Ukrainian legislation and international acts that regulate or affect the process of regulating basic human rights and freedoms in Ukraine’s education field. The conduct of this study is due to the activities of the Cabinet of Ministers of Ukraine and the Ministry of Education and Science of Ukraine in 2024, which intervened directly during the admission process of students to higher educational institutions during the 2024 admission campaign. The mentioned aspects especially affected the education seekers who declared their desire to study full-time and on a paid basis in graduate school to obtain the third (educational and scientific) level of higher education. Regarding the above, it became necessary to legally examine the observance of basic human rights and freedoms when conducting the admission process under martial law along with implementing and regulating educational activities. In particular, the article examines the main conditions and guarantees of equality of rights of education seekers when enrolling in educational institutions. Additionally, the study underlines the main legal provisions on the human right to safety and dignity, which shall be observed during the admission campaign and when carrying out educational activities in conditions of military emergency as well as in conditions of economic crisis. At the same time, special attention is focused on the need to establish different admission conditions and study conditions for free education and paid education recipients. In addition, the authors analyze the legislation of Ukraine regarding the possibility of using the factor of knowledge of foreign languages as a condition for admission to institutions of higher education, both in the general context and taking into account the specifics of the education received by the student. Thus, this article is the third article from the cycle of research and contains the results of a legal study of the principle of equal rights in the field of education, the principle of safety and human dignity in education, in particular, during the period of military emergency in Ukraine, as well as the principle of Ukrainian-language education in Ukraine.

Some aspects of legal regulation of the legal activities of journalists in modern conditions

The article reveals some of the legal principles of regulating the legal activity of a journalist in modern conditions of martial law. The activities and state of media freedom in Ukraine over the past 11 years have been analyzed. Emphasis is placed on the fact that in modern conditions of martial law, the index of freedom of the press in the state is growing.
 The authors focused attention on some features of the legal regulation of the legal grounds of journalists’ activities according to the norms of international law and the national legislation of Ukraine; determined the rights and obligations of journalists, guarantees of media activity, specifics of activities of foreign journalists, employees of foreign entities in the field of media working in Ukraine.
 Attention is focused on certain types of prohibitions regarding interference in the professional activities of journalists under conditions of peace and during a state of war or in places of armed conflicts. The statistics of criminal offenses against the legal activities of journalists and the media during the ten years of the war in Ukraine were analyzed.
 It is substantiated that legal liability, including criminal liability, has been established for encroachment on the journalist’s life and health, and other actions against him. The current criminal legislation and specific articles of the Criminal Code of Ukraine, which provide for criminal liability for such criminal offenses as obstructing the legitimate professional activity of journalists, threatening, or using violence against a journalist, intentional destruction or damage to a journalist’s property, encroachment on a journalist’s life, taking a journalist as a hostage, were analyzed. Statistical information on the number of registered criminal offenses of this category for the last three years is provided. A criminological description of criminal offenses against the legal activity of a journalist is given.
 It was concluded that criminal offenses committed against journalists represent a significant public danger, as they encroach on freedom of speech, national security of the state, and violate the foundations of activity in the information sphere.

The role of the ECHR Commissioner in the system of entities that ensure the protection of human and citizen rights and freedoms (administrative-legal aspect)

The article analyzes the role and place of the ECHR Commissioner in the system of entities that ensure the protection of human and citizen rights and freedoms in Ukraine. It has been established that over the past thirty years, a system of public-authority subjects has been formed in Ukraine, the main duty of which is to ensure the protection of human and citizen rights and freedoms. It was established that the term “system of public-authority entities” means the coordinated work of all elements that make up such a system. However, the analysis of special literature shows that only a few scientific sources try, firstly, to name a complete list of elements of such a system, and secondly, to characterize its interaction among themselves as elements of a single system. It has been proven that the system of entities that ensure the protection of human and citizen rights and freedoms must meet the following criteria: 1) must have a set of elements sufficient for its viability; 2) its elements interact with each other and complement each other, which gives the system integrity and stability; 3) is effective and viable if it is unfavorable to external negative and destructive manifestations. It was found that the concept of “a system of entities that ensure the protection of human and citizen rights and freedoms in Ukraine” is characterized by the following features: a) we are talking about public-authority entities that exercise their powers, firstly, as representatives of legislative, judicial and executive power, secondly, as state bodies that do not belong to any of the branches of state power; b) the term “ensuring protection” allows the subjects of such a system to include not only law enforcement and judicial bodies that directly exercise jurisdictional protection of human and citizen rights and freedoms in the country, but also subjects that perform non-jurisdictional human rights activities. It was concluded that the system of public-authority entities that ensure the protection of human and citizen rights and freedoms in Ukraine includes: 1) entities that establish the principles of protection of human and citizen rights and freedoms and ensure legal regulation of such protection; 2) entities that, in order to protect the rights and freedoms of individuals, carry out jurisdictional (law enforcement) activities; 3) entities administering justice; 4) entities that carry out activities related to the prevention of violations of the rights and freedoms of individuals; 5) subjects carrying out non-jurisdictional human rights activities. Accordingly, the ECHR Commissioner refers to the public-authority subjects of the executive power that carry out non-jurisdictional human rights activities.

Legal framework for the prevention of torture: national and international levels

The article examines the global problems of our time related to the implementation and protection of human and civil rights and freedoms in Ukraine. The authors conducted a comprehensive analysis of national legislation and international treaties that influence the implementation of human rights. It is established that the European integration path chosen by Ukraine and the desire to implement the assistance of our state in the world and European communities requires the harmonization of national legislation in accordance with the provisions of international legal acts. The article defines that the topic of prevention and avoidance of torture, as well as other cruel, inhuman or degrading treatment or punishment, is becoming relevant in the current conditions. In addition, the study focused on normative legal acts, based on which the relevant state bodies, organizations, institutions, and public formations should carry out their activities to prevent these illegal acts. In Ukraine, the problem of ensuring human rights and freedoms in the current conditions is of particular importance, because the institution of restriction of human rights and freedoms, since the military invasion of the russian federation, occupies a prominent place among other legal institutions. Examples of judicial practice of the European Court of human rights in the field of protection from torture are described and analyzed. The authors have shown that the right to prohibit torture, inhuman or degrading treatment or punishment, is a basic international standard and is recognized as a crime by the entire civilized international community. The article analyzes international legal instruments, provisions of the Constitution of Ukraine and domestic legislation for their compliance with international treaties in this aspect.

Transformation of Academia and Education System upon the Russo-Ukrainian War: Russian and Ukrainian Experience

This analysis delves into the evolving historical narratives and academic freedom in Ukraine and Russia during the Russo-Ukrainian conflict. Before 2014, Russia underwent a shift from post-Soviet intellectual freedom to increased control under Putin. Subsequent years witnessed political persecution, censorship, and a scholar exodus. The conflict intensified academic suppression in Russia from 2014 to 2023, targeting dissenters. Meanwhile, Ukraine experienced notable education changes, emphasizing national identity. This study reveals the intricate interplay between geopolitics and academic autonomy, showcasing the contrasting educational trajectories in both nations amidst the complex dynamics of the ongoing conflict.

Human rights and corruption as manifestation of their violation

This article examines the state of implementation and compliance with generally recognized legal principles and norms of international law in the field of fundamental human rights 
 © Корж І.Ф., 2023
 and freedoms in Ukraine. It is noted that human rights should be understood as the defining principles of a person’s legal status, which belong to them from birth, are natural and inalienable, without which a person cannot exist as a full-fledged social being, and therefore they are a necessary element of citizens, society and the rule of law. The concept of human rights is based on two basic values – human dignity and equality. Human rights are defined and formalized primarily by international law, which includes a number of basic international legal acts, such as: Universal Declaration of Human Rights; European Convention on the Protection of Human Rights and Fundamental Freedoms and its protocols; Charter of Fundamental Rights of the European Union. Ukraine, which noted its further development in the direction of integration into the EU, formalized the rights of its citizens in the Constitution adopted in 1996, which enshrines a whole series of both traditional and new guarantees of human and citizen rights and freedoms, which allow each citizen to choose the type of his behavior, to use economic and socio-political freedoms and social benefits both in personal and public interests. It is emphasized that the establishment of human rights in Ukraine as the highest social value is complicated by a number of factors, which is mainly determined by the low legal culture of both the general public and civil servants and is confirmed by the fact that for many years Ukraine occupied one of the first places among the member states of the Council of Europe by the number of cases of violation of citizens’ rights that were pending in the European Court. This indicates the existing problems in the state regarding legal education, legal awareness, legal culture, etc. of citizens who are primarily in public authorities, and which manifests itself in the manifestation of corruption, as legal nihilism of citizens. This becomes particularly cynical during the period of fighting against Russian aggression, as evidenced by numerous reports in the mass media. Such manifestations of corruption scandals in the Ministry of Defense of Ukraine, in civil-military administrations, in local self-government bodies, in other state bodies of the country testify to the presence of a deep political and legal crisis in the state administration bodies of the country, as a result of the lack of program documents on the implementation of state personnel policy, inactivity legal mechanisms to fight corruption. Even the Law of Ukraine “On De-Oligarchization” was subjected to devastating criticism not only from the Ukrainian public, but also from the “Western” community. Confirmation of the relevance and importance of the need to solve the problem of corruption in Ukraine is evidenced by the fact that our ally the USA put forward clear conditions for further support of Ukraine in its fight against aggression and aspiration to join the European Union. The future success of Ukraine depends on accelerating the pace of reforms that remain unimplemented and the immediate implementation of identified priority transformations in Ukraine.

ЗАСТОСУВАННЯ АЛЬТЕРНАТИВНИХ ПОЗБАВЛЕННЮ ВОЛІ ПОКАРАНЬ (У РІЗНИХ КРАЇНАХ СВІТУ)

The article examines the legal systems of European countries in terms of alternative punishments to deprivation of liberty. Legal systems of serving sentences mainly consist of criminal, criminal executive and penitentiary codes. It is they who determine the very system of punishments of the country, the procedure for serving punishments and the possibility of an alternative when choosing a punishment. Alternative punishments should be considered to be those that can replace imprisonment or restriction of liberty. An alternative such as probation is associated with restriction of freedom in Ukraine. Among the alternatives in other countries, fines are the most common. Fines are imposed for crimes for which damages can be compensated in monetary terms. But not all such consequences of criminal offenses can be changed to monetary compensation: this should be provided for in the criminal code. In addition, a widespread punishment abroad is the establishment of supervision in the form of probation. Such type of punishment as installation of electronic surveillance is widespread. The punishment consists in installing a means of electronic monitoring on the suspect’s body for a period of up to one year. Other types of punishments include: probation, other types of supervision, conditional sentence, conditional release from serving the sentence, treatment for alcohol or drug addiction, treatment of mental disorder. One of the similar Ukrainian punishments is community service, which is actively used as an alternative to imprisonment in Estonia and France. The author also points out the current problems associated with the implementation of the European alternative experience. Among them are martial law, the economic crisis, the workload of law enforcement officers, the presence of Soviet elements in certain types of punishments. Key words: alternative punishment, electronic control, electronic surveillance, supervision, deprivation of liberty, probation, fine.

THE «HUMAN DIMENSION» DOCTRINE HUMAN AND CITIZEN RIGHTS AND FREEDOMS IN UKRAINE

The article is devoted to the doctrine of the «human dimension», the essence of human and citizen rights and freedoms. In the course of the study, it was substantiated that nowadays in Ukraine the problem of real provision of human and citizen rights and freedoms, which is connected with the insufficient level of observance of the rights and freedoms enshrined in the Basic Law by the state, as well as the insufficient level of their protection, is gaining special importance from various types of offenses. The analysis of the systematic study shows that the problem of ensuring and protecting human rights in Ukraine is complex and multifaceted, and the creation of additional guarantees and mechanisms for the realization of individual rights and freedoms is a priority task of the state at the current stage and in modern historical crisis realities. It is proved that in independent Ukraine today the theory of recognition of human dignity is extremely popular, which is an integrative property of human nature and is one of the institutional sources of his basic rights. It is predicted that in the near future all doctrinal positions in the field of ensuring and protecting the rights and freedoms of a person and a citizen will require appropriate normative and legal regulation, in particular, constitutional. The problem of ensuring human rights at the end of the 20th - at the beginning of the 21st century became one of the most urgent problems of humanity. It is the person in the theory and practice of constitutionalism who occupies the main place, because he is the main reference point for the development, improvement and implementation of the theory and practice of further development. The issues of human and citizen rights and freedoms in Ukraine are of particular interest not only to legal theorists, but also often become a topic of research among practitioners from various fields of law and among different countries.

Заборона як метод правового регулювання під час пандемії коронавірусу в Україні.

Abstract. The spread of a new type of coronavirus infection, COVID-19, is no longer an emergency of international concern. This decision was adopted by the World Health Organization on May 5. The epidemic of coronavirus infection, which began at the end of 2019 in China, was declared by WHO in January 2020 as an emergency situation of international importance in the field of health care. After the epidemic spread to other countries, it was declared a pandemic in March 2020. Many countries resorted to unprecedented quarantine measures, which affected the world economy and people's lives. Lockdowns and a mask regime were introduced, borders were closed, and air traffic between countries was interrupted. After mass vaccination and the appearance of new, less lethal strains, the number of deaths decreased sharply - if in January 2021, about 100,000 people died of COVID-19 in a week, then in April 2023 - 3,500. The reduction in mortality made it possible to cancel most of the restrictive measures during 2022. According to the WHO, about 20 million people have become victims of the disease over the past three years and several months. These are all deaths related to infection. According to official data collected by the American Johns Hopkins Institute, the coronavirus infection itself caused the death of about 7 million people. WHO emphasizes that the virus has not disappeared, people continue to get sick, and the infection is likely to remain in the human population as a respiratory disease. The role of the ban as a method of legal regulation during the coronavirus pandemic in Ukraine is studied. The legislative measures adopted in Ukraine to combat the spread of COVID-19 and their effectiveness are analyzed. The impact of bans on civil rights and freedoms is considered, and alternative methods of legal regulation are explored. As a result of the scientific investigation, recommendations were made regarding the optimal use of prohibitions during the coronavirus pandemic, taking into account the protection of public health and the preservation of civil rights and freedoms. The legislative measures adopted in Ukraine to combat the spread of the coronavirus are considered. Aspects such as banning mass events, closing non-residential premises, restricting the movement of the population and others are analyzed. The effectiveness of these measures in reducing the number of cases of the disease, as well as their impact on the dynamics of the spread of the virus, is being studied. The article analyzes how the bans affect freedom of movement, freedom of choice, freedom of religion and other basic civil rights. Issues related to restrictions on human rights and the possibility of violation of the guarantees provided for by the Constitution of Ukraine and international treaties are considered. Conclusions and recommendations regarding the optimal use of bans during the coronavirus pandemic in Ukraine are formulated. A conclusion was made about the effectiveness of the application of prohibitions as a method of legal regulation in the conditions of the pandemic. The bans have proven effective in reducing disease rates and limiting the spread of the virus. The study is of great importance for the Ukrainian legal community, as it examines the issue of bans as a method of legal regulation in the context of the coronavirus pandemic. The results of the study can serve as a basis for further improvement of the legislation and the development of more effective strategies for combating pandemic threats, while preserving the rights and freedoms of citizens. The conclusions emphasize the need to continue research in this area and further search for optimal approaches to legal regulation during the pandemic, which would ensure the protection of public health, as well as the preservation of civil rights and freedoms in Ukraine.

Характеристика осіб, які вчиняють шахрайство відносно іноземця або особи без громадянства: міжнародне та національне законодавство

Since foreigners and stateless persons who stay in Ukraine on legal grounds enjoy the same rights and freedoms and bear the same responsibilities as citizens of Ukraine, with the exceptions established by the Constitution, laws or international treaties of Ukraine, foreigners and stateless persons who are under the jurisdiction of Ukraine, regardless of the legality of their stay, have the right to recognition of their legal personality and fundamental human rights and freedoms. In addition, the legal status of foreigners and stateless persons is based on the fact that foreigners and stateless persons who are legally in Ukraine enjoy the same rights and freedoms and bear the same responsibilities as citizens of Ukraine, with the exceptions established by the Constitution, laws or international treaties of Ukraine; foreigners and stateless persons are obliged to strictly observe the Constitution and laws of Ukraine, other regulatory legal acts, not to infringe on the rights and freedoms, honor and dignity of other people, interests of society and the state. Foreigners and stateless persons enjoy numerous economic rights and freedoms in Ukraine, and as subjects of private property rights, foreigners and stateless persons may also own, use and dispose of their property and the results of their intellectual and creative activities. They may own houses, apartments, personal items, means of production, funds, and are also subjects of freedom of entrepreneurship, the right to housing, and the right to an adequate standard of living. But it is also necessary to take into account that the most vulnerable to criminal offenses against them are foreigners (a person who is not a citizen of Ukraine and is a citizen (subject) of another state or states) and stateless persons (a person whom no state considers its citizen in accordance with its legislation), who may become victims of a criminal offense against property (for example, fraud) and criminal offenses of a different nature (fraud or breach of trust), so we Whereas, fraud (taking possession of someone else’s property or acquiring the right to property by deception or breach of trust) is a universal norm that covers any type of fraud and has an unlawful effect on the will and consciousness of the victim in the form of deception or breach of trust, whereas fraud is the concealment of certain information or communication of false information to the victim with the aim of misleading the victim (foreigner or stateless person), and breach of trust is the unfair use of trust by the victim (who are foreigners or stateless persons). Key words: fraud; stateless person; foreigner; criminal liability; deception; breach of trust.

Legal basis of restriction of constitutional human rights and freedoms in Ukraine

This article examines the issue of legal regulation of the restriction of constitutional rights and freedoms of citizens in Ukraine in various political and legal situations. A short excursion into the theory of judgment (discretion) is made, as well as into the theory of discretionary powers of public officials, various definitions of this term are given. Types of discretion are revealed, attention is focused on the need to observe the principles of objectivity and impartiality, equality before the law. It is noted that unfair discrimination is prohibited, and that a proper balance must be ensured, that is, proportionality between the purpose of the decision and its negative consequences for the rights, freedoms or interests of individuals. It is pointed out that the discretion is not arbitrary, it must always be exercised in accordance 
 with the law, must be accompanied by protective measures, including ongoing judicial control, which is emphasized by the Council of Europe. When exercising discretion, the process of observing its main principles, which regulate administrative acts in general and are specified in the relevant acts of the Council of Europe, becomes important. Examples are given when the application of the idea of discretionary powers of state authorities leads to the fact that in some situations it is not possible to actually protect one's rights even through court. In Ukrainian realities, discretionary powers began to be interpreted as any powers when a state authority makes one or another decision. In turn, Ukrainian courts, when considering disputes, sometimes prefer not to violate the powers of state authorities interpreted in this way. It is noted that the procedures for limiting the constitutional rights and freedoms of a person and a citizen have certain features in the exercise of discretion, that is, they are determined by the court or the law, which is provided for in Art. 34, 35, 36, 37, 39, 41, 42, 44, 47, 54 of the Constitution of Ukraine. The constitutional clause regarding the limitation of constitutional rights and freedoms in the conditions of martial law or state of emergency is disclosed.

Media freedom in Ukraine in the context of constitutional reform

RESEARCH OBJECTIVE: This paper discusses whether there have been changes to ensure media freedom in Ukraine in the context of constitutional reform.
 THE RESEARCH PROBLEM AND METHODS: This is comparative explanatory research. The author uses a process-tracing method and an observation method to analyze media freedom under the presidential-parliamentary republic during the second term of Kuchma’s presidency and under a parliamentary-presidential republic during Yushchenko’s presidency. I summarize descriptive statistics on such indicators of media freedom as political, economic, and legal environment according to the Freedom House data. I also use the analysis of scholars and other non-governmental organizations.
 THE PROCESS OF ARGUMENTATION: The analysis of the political situation in Ukraine explains the reasons for the constitutional reform and the democratization of the media system. I systematize data from the Freedom House reports on the indicators, present the results in a graphic form, and make conclusions from the comparisons.
 RESEARCH RESULTS: The study shows that changing the political system to a parliamentary-presidential due to the Orange Revolution intensified reforms guaranteeing media freedom in Ukraine. However, the reforms were not at the level expected by the supporters of the Orange Revolution.
 CONCLUSIONS, INNOVATIONS, AND RECOMMENDATIONS: The introduction of the parliamentary-presidential model intensified the competition and conflicts between the presidential and parliamentary-government centers of power. It created polarized and chaotic conditions in journalists’ work. The legal environment for the media has not improved significantly. There was a reduction of political influence on the media. The improvement in the economic environment did not occur because the pressure exerted by the ruling elites on the mass media went from the political to the economic dimension.

IMPLEMENTATION OF INTERNATIONAL LEGAL STANDARDS OF HUMAN RIGHTS AND FREEDOMS IN THE NATIONAL LEGISLATION OF UKRAINE

The article is devoted to the essence of international legal standards of human rights, their implementation in national legislation. The relevance of this research at the current stage of the development of our state is substantiated, which consists, first, in a clearly formed foreign policy course for joining the EU and NATO, and, second, in the need to face new challenges of building a democratic legal state in the conditions of a full-scale war and a direct threat state sovereignty and state integrity of the country. In the course of the study, it was substantiated that today in independent Ukraine, the problem of real provision of human and citizen rights and freedoms is of particular importance, which is closely related both to the insufficient level of observance of the rights and freedoms enshrined in the Constitution by the state, and to the insufficient level of their protection from offenses. The analysis of the systematic study shows that the dynamics of the adaptation of the legislation of Ukraine to the legislation of the European Union highlighted the importance of the function of determining the influence of the Constitution's norms on social relations in the conditions of the European and Euro-Atlantic integration of Ukraine, determined the meaning of the concept of "constitutional regulation", which is an indicator of the importance of adopting and amending the Constitution of Ukraine in modern crisis realities. Particular attention is paid to the issues of the historical evolution of the constitutional regulation of human rights and freedoms in Ukraine, a comparative analysis of the constitutional regulation of rights and freedoms in Ukraine at different stages is carried out, the positive aspects of the current state of constitutional rights and freedoms in Ukraine are determined, especially in the context of establishing new types of rights, such as environmental and informational rights. It has been proven that the theory of recognition of human dignity, which is an integrative property of human nature, is spreading in our country, and the problem of implementing international legal standards into the national legislation of Ukraine still requires the consolidated activity of all state authorities and local self-government bodies.

Guarantees of human and citizen rights and freedoms in Ukraine and foreign countries

It is substantiated that at the current stage of the formation of Ukraine as an independent, democratic, legal, social state, the issue of guaranteeing the rights and freedoms of a person and a citizen has become particularly relevant. In the context of European integration, relevant experience in guaranteeing human rights accumulated in developed, primarily European, states is important for Ukraine. The purpose of the article is to summarize scientific positions on the definition of the concept of «guarantees of human and citizen rights and freedoms» and to systematize the types of guarantees by classification. It has been established that an effective system of domestic guarantees of the rights and freedoms of a person and a citizen is enshrined in Ukraine and in foreign countries at the legislative, primarily constitutional, level. It covers the following types of guarantees: general and special; legal, economic, political and organizational; material, procedural and organizational-legal (institutional) (it was found that the ombudsman institute plays a special role among them); judicial and extrajudicial. A special place among these guarantees is that the order, grounds and limits of the restriction of human rights and freedoms are established. It is proved that the classification of guarantees based on domestic constitutional and legal science is consistent with the classification developed in European law. It has been established that special attention in national and European law is focused on judicial protection as a human right and at the same time a guarantee of other human rights. It was established that domestic guarantees are complemented by international legal guarantees of human rights and freedoms. Among them, it is possible to single out international acts that directly enshrine human rights, as well as international bodies, organizations and institutions designed to ensure and contribute to the protection of these rights. It has been confirmed that the content of human rights guarantees provided for by Ukrainian legislation is based on international and European human rights standards. The definition of guarantees of human rights in democratic states is formulated as a whole set of legal and institutional means of domestic and international legal nature, judicial and extrajudicial, actually constitutional guarantees.

ОСОБЛИВОСТІ РЕАЛІЗАЦІЇ СВОБОДИ РЕЛІГІЇ В УМОВАХ СУЧАСНИХ ВИКЛИКІВ

The issues and problematic points of freedom of conscience, religion and belief, enshrined in the constitutions and primary normative documents of many countries of the world, were considered. It is pointed out that law and religion act as important social regulators in the life of society, influencing the consciousness of subjects through the general rules and norms of behavior established in a certain way, encouraging them to perform lawful actions. Law and religion in their interaction are endowed with a significant potential to influence human activity in the process of realization by subjects of their rights and duties. The controversial points and shortcomings of the world organizations, in particular the UN, in the religious sphere are highlighted, and the ways of solving crisis situations related to religious issues are outlined. The modern limitations of the right to freedom of ideology and religion in war conditions are considered. The problem of ensuring freedom of religion and belief in the conditions of war acquires special relevance and reaches a new level since the religious factor has always been used as a powerful weapon aimed at disuniting the spiritual and value bases of Ukrainian society. Repression, discrimination and restrictions in religious freedom directly affect the development, activities of religious organizations and the everyday life of their followers, which constitutes a threat to a democratic society. Observance and protection of human rights in the sphere of freedom of religion and belief is an important issue of domestic policy of every state and the subject of special attention of the entire international community. Freedom of conscience and religion is the foundation of a democratic society, an important prerequisite for legal democracy and the existence of other rights and freedoms of a person as an individual. Special attention should be paid to religious freedom during the crisis exacerbations, the article contains some suggestions for improving the state of religious freedom in Ukraine.

Міграція та торгівля людьми в умовах збройного конфлікту: взаємозв’язок і наслідки

One of the key principles of the national foreign policy is to ensure Ukraine's integration into the European political, economic, and legal space with the aim of gaining membership in the European Union. For this purpose, the authorities in our country ratified international treaties and adopted a number of laws, which, both in the pre-war period and during martial law, significantly reduced the level of offenses in the field of human trafficking, since millions of Ukrainians have been abroad since the beginning of the war, and together with the temporary protection, refugees gained access to the labor market in European countries. At the current stage of state formation, migration has become an element of the movement of people in many countries of the world, since migration policy in European countries is an important factor in ensuring the national security of the states of the European Union and migration processes require constant and proper control by state authorities. In the context of the strengthening of civil society institutions in Ukraine as a democratic, social, legal state, the study of the issues of legislative protection of human and citizen rights and freedoms in Ukraine, among which the right to freedom of movement occupies a special place. And the number one issue is irregular migration, which is a choice between security and ghostly earnings. Labor migration is a quick and popular way to earn a significant amount of money, but this easy availability of earnings has another side – fraud, which is a very widespread phenomenon in the labor migration market and it starts with offers of illegal employment abroad, and sometimes ends with real labor slavery. There are problematic situations of silencing cases of discrimination abroad, because it is connected with insufficient awareness of our compatriots about their rights and the mechanisms for their protection, because when they find themselves in such situations, people do not know where to turn for help or are afraid of losing their jobs, because most of them are labor-related by migrants and spreading negative information about them by employers can lead to job loss. It is possible to outline several groups of risks regarding persons who are potentially more prone to falling into fraudulent schemes. First, people who agree to leave illegally to work abroad because the promise of a higher salary works, because the employer does not pay taxes for the employee. Key words: migration; fraud; criminal liability; deception; breach of trust; employment fraud schemes

MANAGEMENT OF THE DEVELOPMENT AND COMPETITIVE POSITIONS OF BUSINESS ENTITIES: MODELING THE INFLUENCE OF THE FACTORS OF THE INSTITUTIONAL ENVIRONMENT

The relevance of the issues of research in the field of identification and analysis of the influence of external environmental factors on entrepreneurial activity and the formation of competitive positions of business entities is substantiated. The purpose of the study is to provide a scientific basis for the theoretical and methodological aspects of managing the development and competitive positions of business entities and conducting econometric modeling of the influence of the factors of the institutional environment on the effectiveness of the tools of this direction of management. The factor load of the components of the index of economic freedom in Ukraine in 2000-2020 was estimated, which made it possible to determine the characteristic numbers of the correlation matrix for the components of the index of economic freedom in the country. The results of the assessment of the relationship between the turnover of small business entities per resident and the components of economic freedom in Ukraine are presented. The factor loading of the components of the indicator of the ease of conducting business activities of small business entities in Ukraine was calculated. Interrelationships between the volume of business activity and the components of the indicator of the quality of the business environment in Ukraine have been revealed. The scientific novelty of the research results lies in the improvement of the methodology for modeling the influence of external environmental factors on the development and strengthening of the competitive positions of business entities. The applied value of the obtained research results consists in establishing a complex of prerequisites that hinder the development and strengthening of the competitive positions of business entities in Ukraine, in particular in terms of the predominance of departmental interests over the interests of the country and the business sector, low effectiveness of regulatory legislation, limited responsibility of the authorities for obstacles to the functioning of sub business entities.

КАТЕГОРІЯ ТРАГІЧНОГО ЯК ФОРМА АВТОРСЬКОГОІНДИВІДУАЛЬНОГО СТИЛЮ У МЕМУАРНІЙ ПОВІСТІ О. ГАЙ-ГОЛОВКА «ПОЄДИНОК З ДИЯВОЛОМ»

The article characterizes Oleksa Hai-Holovko’s memoir novel Duel with the Devil through the prism of the tragic category. The tragic events described in the novel are presented in a retrospective perspective, based on the author’s personal experience against the background of social events of the fi rst one-third of the twentieth century (collectivization, the famine of 1933, mass repressions of the thirties). The writer de-scribes the events taking place in the USSR (Volume 1) and in post-war Germany (Volume 2), where the narrator lives at diff erent periods of his life. In the novel, the category of tragic is characterized in the indirect, direct and existential format.The plot, composition, problematic and thematic features of the work are characterized. The milestones of Hai-Holovko’s formation as a personality are described, and the researcher focuses on the formation of his national, patri-otic, and civic character against the backdrop of tragic reality. The chronological sequence of the author’s narrative illustrates a panoramic picture of his tragic existence, which at the same time refl ects the tragic fate of the Ukrainian na-tion. According to the literary critic, the writer models the category of the tragic in the novel in three ways: 1) the tragic pictures are depicted indirectly in the novelist’s references to the emergence of Soviet power in Ukraine, the outrages of the Red Army, the shooting of neighbours, and third-party testimonies about the persecution and extermination of Ukrainians in foreign lands who did not öèñòàwant to return to the USSR after World War II; 2) the direct tragic determines the vicissitudes on the path to personal freedom in Ukraine and abroad. Plot moves constantly keep the reader in dynamic tension as a sign of the narrator’s (author’s) tragedy – the fear of falling into the hands of persecutors even when he lived in the American zone of Germany; 3) the tragedy of the individual at the level of existence, when the narrator illuminates inner feelings through the prism of adventure «fi lms» about the NKVDists’ «hunt» for non-returnees, the arrest of the main character, and his escape from arrest. The memoir plot of the novel Duel with the Devil is marked by a progressive temporal dynamic, outlines the key stages of the writer’s biography, and refl ects his thoughts and experiences against the background of a diffi cult era.

THE ESSENCE AND GENESIS OF STUDENT ACADEMIC FREEDOM OF MODERN UNIVERSITY

The relevance of the topic of the presented article is determined by the theoretical and practical significance of a wide range of problematic issues regarding the understanding of the content and genesis of academic freedom. The purpose of the article is to define the essence of the phenomenon of academic freedom, to analyze its genesis and the main stages of its development. The following research methods were used: dialectical (to reveal the essence and purpose of academic freedom), historical (to study and highlight the main stages of its genesis) and the method of systemic analysis (to establish structural connections between the stages of the development of academic freedom and systematize the data obtained). The essence and regulatory legal support of the genesis of academic freedom is revealed. The concept and social-legal nature of academic freedom is defined and substantiated, the main stages of its development are clarified, and the real state of academic freedom in Ukraine is investigated. It was concluded that the most significant constraints for academic freedom in the context of today’s challenges are: mass education; managerialization of university structures; imperfect regulatory legal system; commercialization of science and education. Modern society makes stricter demands on universities; the accelerated development of new information and communication technologies and the formation of a global economy have led to the realization that nations exist in circumstances of fierce competition, where the ability to innovate is crucial. Proposed ways of implementing academic freedom in the educational process of a modern university in order to improve it and create conditions for full-fledged professional training and self-realization of students.