Lessons For Ukraine Research Articles

Integration and differentiation of leadership higher education: lessons for Ukraine from the EU, USA and China

Integration and differentiation of leadership higher education: lessons for Ukraine from the EU, USA and China

International cooperation in public control of local governments: lessons for Ukraine

The purpose of this article is to examine the legal framework and general theoretical aspects of the formation and implementation of state policy regarding public control over local self-government bodies, comparing regulations in Ukraine and European Union member states. The study employs dialectical, synthesis, and theoretical analysis methods to investigate public control in Ukraine, and systemic-structural, formal-logical, and comparative-legal methods to compare public control practices in Ukraine and other countries. The research highlights that international experience is crucial for improving the functioning of local self-government bodies in Ukraine, and public control over their activities is a factor stimulating the improvement of the implementation of their powers. The need for all countries to coordinate and improve the legal framework for effective cooperation at the municipal level is emphasized. The study notes that under martial law in Ukraine, methods of public control over the functioning of local self-government bodies are limited. Based on the analysis of the aforementioned works, forms of international cooperation in the field of public control over the exercise of local power have been determined.

Analysis of the reform of prosecutor’s offices in EU countries: lessons for Ukraine

Introduction. The need to establish the rule of law in Ukraine, to choose a course for membership in the European Union, to adapt Ukrainian legislation to EU legislation, the legal basis of which is determined by the National Program for the Adaptation of Ukrainian Legislation, as well as to improve the legal basis of the functioning of the prosecutor’s office of Ukraine. The purpose of the paper is to reveal the main aspects of the reform of prosecutor’s offices in the EU countries, as well as to investigate the issue of their application in Ukraine. The results. At the current stage of the development of the Ukrainian state, the course towards integration into the European Union and the need to raise the necessary standards of compliance with human rights and freedoms require the most effective and rational choice of the organizational and management structure, as well as the functioning of the prosecutor’s office. The prosecutor’s office has always been considered and used as an effective tool for the developзment of social relations and, in particular, strengthening the rule of law as a fundamental value of society and the state. The corresponding democratic structures of the national legal systems of developed countries clearly define that the prosecutor’s office is one of the fundamental state institutions that ensures the rule of law and protection of human rights. It goes without saying that without the proper organization and effective functioning of the prosecutor’s office, the existence of a legal state would be impossible. The complex of mechanisms for harmonizing the legislation of Ukraine with European standards is aimed at the implementation of state policy on the creation of a modern national legal system by improving the law-making and law-enforcement activities of state authorities, introducing a unified system of planning, coordination and monitoring of law-enforcement work. There will be optimization of prosecutorial activity management processes, primarily through digitization. Conclusion. Using the foreign experience of administrative and legal support of the activities of the prosecutor’s office, it is important to consider that external standards can influence the internal model of the national prosecutor’s office and lead to the replacement of its specific features in favor of general external standards that correspond to the general dynamics of globalization.

Experience of the USA in the creation and development of Cyber Command: lessons for Ukraine

The article examines the experience of the United States, as a country with the most powerful cyber capabilities in the world, in creating, ensuring the operation and development of the Cyber Сommand, in the context of possibility of using this experience by Ukraine during the development of its own Cyber Forces.

Formation of land capital in economic science: lessons for Ukraine

Formation of land capital in economic science: lessons for Ukraine

Fiscal rules: lessons for Ukraine

The purpose of this article is to assess the systematic implementation of fiscal rules in Ukraine and to provide recommendations for their adjustment. It is proved that the introduction of fiscal rules should be carried out in a comprehensive manner: both quantitative restrictions and security measures of an individual and general nature should be regulated by law. Ukraine has introduced two fiscal rules at the legislative level - debt and budget balancing - and formally prescribed all the security conditions recommended by international experience. The peculiarities of the application of fiscal rules in Ukraine include: vagueness and insufficient detail of the safeguard conditions in the budget legislation; lack of regulation of the activities of an independent body responsible for monitoring compliance with fiscal rules (fiscal council); and insufficient coverage of information related to fiscal rules and lack of systematic publication. Recommendations for improving the fiscal rules in Ukraine include the following: a more detailed description of the mechanism of correction in case of exceeding the budgetary indicators of the established limits; specifying the requirements for activating the procedure for derogation from quantitative restrictions to prevent possible abuse; increasing the level of transparency of information on the application of fiscal rules. Regarding the requirement to establish a fiscal council: there are two possible ways for Ukraine to implement this recommendation: the first is to assign the functions of monitoring the implementation of all fiscal rules to the Accounting Chamber of Ukraine, which has the necessary level of independence and partially performs this function; the second is to take into account the difference in the role of the state auditor and the fiscal council, which should primarily contribute to the formation of fiscal policy, another option is to introduce either a new authority or a separate institution with guarantees of operational independence.

Правові аспекти боротьби з дезінформацією в Європейському Союзі: уроки для України

Аnnotation. The article "Legal aspects of combating disinformation in the European Union: lessons for Ukraine" describes and analyzes in detail the problem associated with a large amount of false, manipulative and extremely harmful information that every modern person has to face. Special attention is paid to the legislative regulation of the information sphere, measures aimed at improving information security in the European Union and Ukraine. This article defines and characterizes such a phenomenon as disinformation, explains its role in internal and interstate conflicts. The methods of spreading disinformation and the main information tools used by the conflicting parties are highlighted. Outlines the goals and objectives that can theoretically be achieved by someone who spreads and reproduces false or distorted information. The article provides a thorough analysis of legislative regulation in the field of combating disinformation and fakes, as well as the activities of state bodies of the European Union, Ukrainian state bodies, public and international organizations. The spheres of their activity and influence, their powers, specifics of work, legal status, mutual interaction and performance results are determined. The article draws attention to a large number of problems related to the information security of states, unions of states, organizations, and individual citizens, and the distribution of a wide variety of information leaks, false information, and falsified facts aimed at changing public opinion, creating conflicts, and starting interethnic enmity in a certain country. , demoralization of the enemy during war, theft, etc. In general, this article is a useful study aimed primarily at highlighting the main problems and threats that Ukraine and Europe face in the era of hybrid wars and social networks. It can be interesting both to people who work with information and to the general public, because it gives an understanding of the essence of such a phenomenon as disinformation in the modern world and its consequences.

Right to be heard as a part of due process of law in arbitration proceedings: current challenges and lessons for Ukraine

Right to be heard as a part of due process of law in arbitration proceedings: current challenges and lessons for Ukraine

History of state regulation of financial markets: Foreign practices and lessons for Ukraine

State regulation of financial markets is important for the country’s economic policy, and its historical assessment helps identify factors of success or failure and best global practices for application in Ukraine. The purpose of this study was to investigate the history of state regulation of financial markets and to analyse the practices of forming the financial system of different countries. The main scientific methods used were analysis, abstraction, deduction, historical method, forecasting, comparison. During the study, the history of state regulation of financial markets of four countries was evaluated: the United States of America, Germany, China, and Hong Kong (as a separate administrative region of China) and Poland. It was shown that all of them have certain features in terms of their historical formation and three selected characteristics, namely the level of centralization, the openness of the financial system and the role of the state in it. Based on the analysed information, relevant conclusions were formed regarding what the control over the financial system in Ukraine should be. The level of corruption of state structures is one of the key aspects that must be considered when developing the country’s financial policy. Considering the elevated level of corruption in Ukraine, it is recommended to reduce the role of the state in regulating the financial system, implement its decentralization, and free access to the market. These measures will minimize corruption, establish competitive relations between institutions, and delegate responsibilities. This will contribute to the achievement of more effective regulation of the financial system in Ukraine, considering the needs of the country’s reconstruction after the end of the war. Given the geographical and historical proximity, the regulatory principles used in Poland can be a valuable experience for improving the Ukrainian system. The study brings new knowledge in terms of the theory of financial markets, and offers a more profound understanding of the specific features of the development of the economy of Ukraine

Policy of Development of High-tech in China: Lessons for Ukraine

China in the late 1980s, has embarked on a new path of high-tech manufactury development that is in line with its ambitions. The philosophy of China’s innovation and industrial policy is based on the idea that the achievement of competitive manufactury must be through the national high-tech zones and high-tech enterprises, creating new products and processes based on indigenous innovation. The purpose of the study is to to explore the Chinese experience on policy and mechanisms of development of high-tech manufacturies and to analyze of statistical tools to assess its implications; to assess the appropriateness or feasibility of their application in modern economic conditions of Ukraine. The study’s results have enhanced the existing understanding of the effect of State on accelerating the process structural transformation of the economy and its qualitative technological growth. Discovered the fact, that the Chinese Government is providing substantial support in the form of subsidies and tax incentives for establishment of special high-tech zones and high-tech enterprises for encourage the production of new and high-tech products and processes. It was revealed that, in order to grasp the economic operation and scientific, technological, industrial development of high-tech zones and high-tech enterprises, statistical investigation system was specially formulated іn addition to official statistics of the High-tech industries. It is proven that China’s state-led innovation development model has successfully accompanied and stimulated the growth of high-tech over the last 30 years; and has produced numerous endogenous technological innovations. Analysis revealed that considerable efforts in the field of policy of China transforming the industry into a high-tech sector of the economy and a powerful player in the global market have outstanding performance. The article presents the new indicator EVA – coefficient of Comparative Advantages in the Domestic Value Added Exports and formula for its calculation is provided which allow the assessment of the position of China’s high-tech industries, widening the ‘revealed comparative advantage’ concept. This study shows some important conclusions about the determinants of success of the Chinese government in increase of resources for the modernization of industrial technologies, building and strengthening of potential of domestic high-tech manufacturies. It would be advisable to take into account some important levers of influence, following the example of China, when choosing mechanisms for the economic recovery of Ukraine after war.

The Road to Justice: Lessons for Ukraine From the USSR Invasion of Afghanistan

In February 1989, the Union of Socialist Republics’ (‘USSR’) left Afghanistan following a ten-year invasion. Although an Action Plan for Peace, Reconciliation and Justice was drafted, in the quest for peace, justice for victims of the atrocities was never prioritised by authorities and the international community. Thirty-three years later, on 24 February 2022, President Putin of the Russian Federation announced the commencement of a ‘special military operation’ in Ukraine. Even as the invasion continues, questions remain as to how Ukraine will approach and implement transitional justice. Although there are clear differences between the invasions, if history is to be instructive, there is much to be learnt from the USSR invasion of Afghanistan, the response to it, and the Soviet legacy apparent in the Russian invasion of Ukraine which are of relevance to the transitional justice process in Ukraine and the international rule of law. Drawing on these historical perspectives, this paper aims to generate further discourse on peace, justice and accountability for victims, ensuring past mistakes are not repeated.

Pension provision for military personnel in the USA: lessons for Ukraine

Pension provision of military personnel is one of the important components of social security of every country. This system should guarantee a decent level of pension payments, because this will contribute to the high attractiveness and perspective of service in the national armed forces and the preservation of the most trained specialists in them. The war with Russia once again proves the need for a professional army, taking into account international practices and the chosen course for joining the European Union and the North Atlantic Alliance. Quite interesting for both analysis and adaptation in Ukraine is the experience of implementing social support for military personnel in the USA, in particular, regarding the receipt of pension payments. In this paper, an analysis of the pension provision of US military personnel is carried out through the prism of pension plans and benefits that this category of citizens claims. The study demonstrated that the US military pension system is effective, focused and structured, and consists of various types of pensions, military personal deductions for retirement accounts, military pensions and pensions under the federal insurance program. The authors prove that this population category is the most socially protected, as evidenced by the results of a study of the level of pension payments to US military personnel, which indicates the high efficiency of this pension system. It should be noted that one of the effective mechanisms for increasing the level of pension provision for military personnel of Ukraine is the adaptation, based on scientific research, of the best world practices regarding the provision of pension payments to this category of recipients. The article analyzes the features of the functioning of the current system of pension provision for US military personnel. The system of pension plans and benefits claimed by US military personnel is singled out. The amount of pension payments to US military personnel in dynamics is considered. Based on the results of the study, appropriate conclusions were drawn and recommendations were made to increase the level of pension payments to military personnel.

КОНТЕКСТУАЛЬНО-ЧАСОВА ПАРАДИГМА ОСНОВНИХ УРОКІВ РОСІЙСЬКО-УКРАЇНСЬКОЇ ВІЙНИ

The article offers a generalization (as of 2023) of the lessons of the Russian-Ukrainian war of 2014–2023. Russian aggression against Ukraine at the end of February 2022 turned into a phase of a large-scale war. It caused strong resistance from the Ukrainian state and society, as well as Western anti-Russian sanctions. The Russian-Ukrainian war went far beyond the borders of Ukraine and Russia, it gained regional and global significance. Intermediate summaries and results of the war encourage us to understand and generalize its lessons for Ukraine, Europe and the world, which are especially important for understanding the nature and trends of the evolution of modern international relations and the world order. This is what determines the relevance and purpose of researching the problem. The research methodology is based on the principles of scientificity, historicism, systematicity, generalization, multifactoriality in combination with the use of methods of analysis and synthesis, historical-comparative and historical-genetic, systemic and structural-functional analysis. The lessons of the large-scale phase of the Russian-Ukrainian war are based on the analysis of the current state of the situation at the front, military and diplomatic efforts to ensure the victory of Ukraine. This is necessary to stop Russian aggression and the crimes of the Russian occupiers, to restore the territorial integrity and sovereignty of Ukraine, punishment of aggressors, to return to the international legal order, and to ensure lasting and stable peace in Europe and the world. Another generalizing lesson is the awareness of Ukraine’s allies and partners that it is a real stronghold that protects democratic rights and freedoms, universal human values. Ukrainians, with their resilience and struggle, gave new impulses to the North Atlantic partnership and European integration. In the future, this is of great importance for the priorities of European and world civilizational development.

THE EXPERIENCE OF MULTI-STAGE DECENTRALIZATION OF POWER IN FOREIGN COUNTRIES: LESSONS FOR UKRAINE

The article is devoted to the decentralization practices of foreign countries, their many years of experience in the system of reforming the state system. Given the similarity of many problems faced by the state authorities of France and Ukraine, as well as the presence of problems specific to our country, an extremely important task is the analysis of world experience in solving them.
 It should be understood that the concept of «decentralization» covers not only the processes of administrative and territorial management, but also political, financial, economic, etc. Accordingly, our hypothesis was that decentralization is not limited to the reorganization of administrative and territorial management. 
 When choosing a country whose lessons for Ukraine we chose for analysis, preference was given to France, since this country has long been considered exemplary in terms of decentralization policy. In addition, it was important for us that Ukraine, when creating a model of public power in the regions, chose the French, or continental, model. The indicative continental model is useful for scientific purposes, as it contains the fundamental principles for the implementation of the reform. Decentralized management, initiated by France, became an example for Ukraine.
 The article analyzes the peculiarities of the decentralization policy in France at several of its stages. The first was characterized by a course of delegation of powers in the field of management and socio-economic development of local self-government bodies, creation of elected bodies at the level of regions. At the same time, at the beginning of the XXI century. the state moves to the next stage, the focus of which is to strengthen the financial independence and potential of territorial communities, for which a number of powers were transferred to the latter. In the 2010s, the emphasis of regional policy shifted towards the stimulation of municipal cooperation and consolidation of regions.
 The assessment of the multi-stage implementation of the decentralization policy in France makes it possible to claim that the administrative-territorial reform of 2020 did not exhaust the political aspects of decentralization in Ukraine, and to predict new stages of the implementation of the decentralization policy in Ukraine.

Management of economic competition in the context of COVID-19: European initiatives and lessons for Ukraine

Due to the coronavirus epidemic, a large number of changes occurred not only in social life, but also in the economy. These changes and unforeseen circumstances faced by most enterprises should encourage business entities to cooperate and coordinate their activities in order to overcome the consequences of the economic crisis. However, this was not the case in practice. After all, in business conditions with strict quarantine restrictions, enterprises were prone to both fierce competition and forced cooperation. Therefore, it should be stated that in many countries of Europe and the world in general, the pandemic has caused increased involvement of the state in the economy, and therefore a greater intensity of activities to coordinate the behaviour of business entities. This article is designed to reveal the important role of the impact of the COVID-19 pandemic on competition and competitiveness market economies. It further details what kind of changes have taken place in the field of protection of economic competition caused by the COVID-19 pandemic. The question of maintaining a healthy competitive struggle and maintaining one’s positions in the market economy in crisis conditions is revealed. It is noted that the principles of protecting the economy from external competition, ensuring food and economic security have undergone changes. It describes how enterprises cooperated with each other during the pandemic and what consequences this has for the post-Covid economy. It is indicated how important it is not to ignore the process of forming the price policy of enterprises and to carry out an analysis regarding the absence of abuse of market power or actions deliberately coordinated with competitors, or the presence of enterprises in a dominant position on the market. The reaction to the pandemic crisis in Europe on the part of the relevant state structures is shown, and the role of the Antimonopoly Committee of Ukraine in the formation and implementation of competition policy in this crisis period is revealed. European initiatives to overcome the economic crisis caused by the COVID-19 pandemic are characterized, and useful tools for overcoming it for Ukraine are presented.

Collaborationism in France 1940-1944 and its assessments: are there possible lessons for Ukraine?

The author of the article aims to analyze the manifestations of collaborationism in France during the Second World War (the Vichy regime), its specifics and the analysis of the legal field regarding collaborationism in modern Ukraine.
 The article takes into account the reasons for the formation of the Vichy regime, analyzes a number of documents that empowered Marshal Pétain, and also examines the role of other authorities, in particular, the parliament, during this period. The reasons for the fall of the Vichy regime are analyzed, and the types of collaborationism in France are indicated. The author draws attention to how the French themselves in that period and today evaluate the phenomenon of collaborationism. The article shows that the authors are divided on this issue: some of them believe that the doctrine only passively participated in the Vichy regime, while others note their commitment to the regime. The article names the most famous collaborators during the reignof Marshal Pétain.
 The article uses the judicial practice of the Constitutional Council of France, in particular, it is concluded, based on the decision of the latter, that any legal norm of the Vichy regime period is considered to be inconsistent with the provisions of the 1958 Constitution. The French Criminal Code does not include the concept of collaborationism, but it clearly defines actions that are considered treason.
 As for collaborationism in Ukraine, it was analyzed that this concept began to form with the beginning of the armed aggression of the Russian Federation against Ukraine (since 2014), but was normatively established in 2022. This is an addition to the Criminal Code of Ukraine (Article 111-1 “Collaborative activity” and Article 111-2 “Aiding the aggressor state”), which makes it possible to prosecute persons who cooperate with the enemy in one way or another.

The use of financial instruments: European experience and lessons for Ukraine

This topic is relevant for the current study of the financial situation in general, and the derivatives market in particular. In this context, it is also important to outline the degree of state support for the development of the derivatives market, having previously identified the priority areas of state activity in this area. The current development of global financial markets indicates their growing efficiency and increasing role of international capital markets in attracting credit resources. The purpose of the article is to study, evaluate and analyze financial instruments, their impact on the national economy, as well as problems in the introduction of new financial instruments. The article summarizes and analyzes foreign experience in the use of financial instruments on the example of EU countries. The most effective methods of state regulation of financial instruments that can be applied in Ukraine are demonstrated. The dynamics of changes in financial instruments used in the Ukrainian financial market is investigated. The importance of using financial instruments in the Ukrainian economy is substantiated. The article identifies the most important problems and suggests methods and ways of more efficient functioning of the studied market. It is proved that to increase the country’s competitiveness in the world financial market it is necessary to develop new financial instruments. The data on the use of financial instruments along with their grouping for 2013-2021 are systematized. It is necessary to further strengthen the tendencies of providing various types of financial support for regional development. In the future, it should also be taken into account that an indispensable condition for sustainable and effective regional development is institutional support, first of all, it is about regional development funds, which provides for an increase in the budgetary self-sufficiency of the regions. Thus, the coordinated activity of the financial system in a harmonious and professional combination of its functions is possible with the assistance of the state apparatus and a developed financial market

Inflation targeting in Singapore. Lessons for Ukraine

Russian aggression in Ukraine posed a difficult task for Ukrainian monetary authorities. In order to keep stability of national currency exchange rate the National Bank of Ukraine (NBU) fixed the U.S. dollar exchange rate immediately after the start of the conflict. However, NBU acknowledged that it considers fixed exchange rate as an impediment to inflation targeting, which NBU has chosen as its policy for money and credit since 2014. The main aim of this article is to show that inflation targeting is possible under fixed exchange rate regime. Thus, the problem of policy choice for NBU is not so dramatic. Price stability is compatible with management of exchange rate in both practical and theoretical perspectives. In order to prove this thesis, we will look into Singapore’s experience of targeting inflation with fixed exchange rate.
 Singaporean experience of managing its exchange rate proves that greater flexibility is possible in the context of monetary policy choice. Depending on a situation Singaporean central bank is able to “lean against the wind” and shift swiftly between the corners of “Impossible Trinity” allowing greater control over exchange rate and interest rate in a short-term time horizon. Furthermore, management of exchange rate is compatible with inflation targeting paradigm which is strongly advised for a small-open economy by international financial organizations such as IMF. Singaporean experience also proves that the reaction function of MAS is compatible with the Taylor rule. Eventually, Singaporean economy maintains price stability without committing its monetary policy to interest rate targeting exclusively.

WAR IN UKRAINE: POLITICS, LAW, AND IDENTITY

Very shortly after the Russian military invasion of Ukraine on the 24th of February this year, students and academic staff set out to organise a get-together to reflect on the awful outbreak of the war. The resulting symposium entitled War in Ukraine: Politics, Law & Identity – organised by the department of Transnational Legal Studies and the VU Interdisciplinary Centre of European Studies – took place on 8 March in an overcrowded room at the Vrije Universiteit and more than 60 virtual attendees. In the title, ‘war’ was meant to avoid the euphemisms that were still in fashion at that time. The words ‘politics’ and ‘law’ were intended to acknowledge the fundamental way in which those social domains are mutually constitutive. The word ‘identity’ to stimulate thinking about the ways in which the war fosters and mobilises old and new identities. Three of the contributions to the symposium now appear here as commentaries. Davor Petrić discusses the possibilities of EU enlargement; Victoria Kerr and Sofia Stolk draw out the potential of international accountability mechanisms like the ICC; and Renske Vos details the case brought by Ukraine against Russia currently pending before the ICJ. These introductions are introduced by a preface by Dion Kramer. * Dion Kramer, ‘Preface to Symposium: War in Ukraine: Politics, Law, and Identity’* Davor Petrić, ‘International and EU Law in (Post-)Conflict States: Any Lessons for Ukraine?’* Victoria Kerr and Sofia Stolk, ‘Assembling the Pieces: The Accountability Puzzle for International Crimes in Ukraine’ * Renske Vos, ‘The Case of Ukraine v. Russian Federation before the International Court of Justice’

Separatism as a political phenomenon – an analysis. The EU’s experiences and lessons for Ukraine

The article deals with the phenomenon of separatism, its common understanding and main features. It discusses the most important separatist tendencies and the threat of separatism in the EU, including the typology and the centres of separatism in Europe. The principal reasons for separatist movements in the EU are described. Considering the complex origin of separatism, the homogeneity of its foundation in Europe is proved and the threat of separatism in Ukraine is analysed. Manifestations of separatism in Ukraine and the EU are compared, the influence of globalisation and regionalisation on the ethnopolitical process in the EU and Ukraine is justified, and the dual influence of regionalisation on separatism is revealed.