Sphere Of Social Relations Research Articles

Legal regulation of sports relations in Ukraine at the current stage

The paper is devoted to the study of topical issues of sports law, which allow us to consider it as an industry that has signs of relative independence and is characterized by the complexity of norms. The domestic normative and legal framework for the regulation of sports relations is analyzed. The opinions of specific researchers regarding the prospects for the development of public administration of physical culture and sports, regarding views on the underdeveloped system of norms in this field and the problem of further adaptation of legislation to such changes are analyzed. Sports law is a fairly young branch of the Ukrainian legal system. The need for the development of this field is determined by the fact that sport, like any other sphere of social relations, needs qualified lawyers who understand its specifics. Legal regulation of relations in various spheres of social life has undergone drastic changes in connection with full-scale aggression. The introduction of martial law in Ukraine and the extension of the period of martial law made adjustments in the field of physical culture and sports. At the current stage, the formation of regulatory and legal support for the development of physical culture and sports in Ukraine continues, which is characterized by the legal regulation of relations through the adoption of legislative and regulatory documents, decisions of state bodies, and the development and implementation of target complex programs. However, the main problems related to the need for a quick response to political, economic and other socio-legal changes in the world and in Ukraine, taking into account the available opportunities for the implementation of state policy in the field of physical culture, need to be solved.

GENERAL PHILOSOPHICAL AND LEGAL ASPECTS OF THE CATEGORY “OBJECTIVE” AS ELEMENT OF OBJECTIVES IN ADMINISTRATIVE LAW

The article revealed general philosophical and legal aspects of the category “goal” as an element of goal-setting norms of administrative law. Emphasis is placed on the fact that: 1) in the theory of law, the concept of “law in the objective sense” is defined as the result of rule-making activity and characterized as a system of legal norms; 2) the real realization of the goals of the right in an objective sense is acquired through law-making activity and through other forms of realization of the right; 3) “legal norm” as a static phenomenon has its own goals, because they are formed by the subject of norm-making and are the result of his goal-setting; 4) “law” as a general concept that characterizes all mandatory rules of conduct contained in the sources of national legislation also has its own goals, the main ones of which were formed in ancient times, but this does not exclude the possibility of correlation of such goals in the future. It has been established that the study of the goal as a key category of goal-setting norms of administrative law presupposes its study, on the one hand, as a general philosophical or general sociological concept, which is inherent in all types of purposeful activity (general philosophi­cal aspect), and, on the other hand, as a multifaceted concept that can acquire its substantive features depending on the level of legal regulation, the subject of goal-setting or the sphere of social relations where the relevant norms of law are implemented (legal aspect). It is proved that in the philosophy of law, the following basic approach to the interpretation of the concept of “goal” was formed - the goal is always a subjective reflection of objective reality in ideal images, although the definitions can be as follows - “it is an idealized need of a person who has found his object”, “this is such a subjective image of the object of activity, in the ideal form of which the result of human activity is assumed”, “imaginary, ideal image of the result of action”, etc. It was concluded that the legal aspect of the “goal” category consists in the analysis of the factors determining the goal of the subject of rule-making activity, the place, role and types of goals in legal regulation, methods of identifying and formalizing the goals of the subject of rule-making activity, etc. These aspects of the category “goal” reveal its meaning in different legal dimensions, which can be closely interconnected (for example, the goals of administrative law, the goals of administrative-legal regulation, the goals of administrative law norms), and can exist in parallel without interfering with each other one (for example, the goals of administrative proceedings and the goals of the development of the information society in Ukraine. It was found that none of the existing goals of law or norms of law are individually (independently) capable of giving a comprehensive idea of the phenomenon of “goals” in law. This can only be done on the basis of comprehensive, integrative and systematic analysis of the goal as a multifaceted phenomenon in legal reality.

What do Social Sciences Study: Institutes or Institutions?

This article deals with the concept of social studies, which are subject to ongoing debate. In the tradition of Western scholars, this scientific concept is referred to as „institutions”. In the post-Soviet space, in particular, in Ukraine, there are two terms: „institutes” and „institutions”. In the first case, the polemic focuses on what aspects of institutions and their functioning should be studied to acquire essential knowledge for developing and adopting effective management decisions that contribute to improving the situation in all spheres of social relations and social behaviour. After all, institutions are decisive structural components and regulators of society’s functioning as a system. In the second case, the debate also focuses on how to adapt the term „institutes” to the conceptual framework of institutional economic, political and other social studies. The origins of this debate trace back to the Soviet Union era. Then, as we know, the vectors of scientific research were determined from Moscow. Russian translations of the research results from Western scholars were carried out there and distributed from there. Sometimes there were situations of incorrect translations and inadequate interpretations. This is how the term-concept „institutions” was split into two: „institutions” and „institutes”, and in favour of the latter. This happened contrary to the terminological tradition of institutional studies initiated in the West in the last quarter of the 1800s. Since the early 1990s, updated paradigms of institutionalism have become one of the main instruments of social cognition for many scholars worldwide, including Ukrainian ones. In order to effectively apply this instrument to study, forecasting and modelling probable and desirable social changes in one's own and other countries, it is necessary to align the terms and concepts of the national scientific discourse with the relevant thesaurus of institutional studies in the countries where these studies began and continue to be leading. In this case, it will be necessary to acknowledge the fact that the object and subject of the latter are phenomena known as „institutions” rather than „institutes”. Of course, there is a connection between these two terms and concepts. However, it is neither object-subject nor conceptual; it is infrastructural. Institutes are organizations where scholars investigate theoretical and applied aspects of the formation and functioning of social institutions. And those who study at institutes study the results of institutional research and have the opportunity to participate in such research. In short: institutions are studied in institutes. The first part of the article discusses the genesis of the terms and concepts of „institutions” and „institutes” in the scientific discourse in Ukraine. The second part is about the interpretation of these terms and concepts in the West. Comparing the two discourses and their histories has provided arguments for the conclusion about the necessity of harmonising the former with the second. Perhaps this proposal will require a targeted discussion.

Socio-legal conditioning of the differentiation of criminal responsibility for corruption offenses

The article states that it is advisable to consider the problem of social and legal validity of differentiation of criminal responsibility for corruption criminal offenses in two planes: external and internal.
 In order to establish very specific restrictions on the use of incentive criminal law measures against persons who have committed corruption criminal offenses, the legislator needed an appropriate tool: the definition of the concept of corruption criminal offense subsequently. This is due to the separation in the General part of the Criminal Code of Ukraine of a group of corruption criminal offenses and the legal consequences of their commission, which constitutes, conditionally speaking, an “external” differentiation of criminal liability. There are also legal reasons for the “external” differentiation of criminal responsibility for a corruption criminal offense, since the concept of “corruption offense” is defined in the Law of Ukraine on Prevention of Corruption (Part 1, Article 1), and corruption crimes are generally conventional and have a relatively autonomous existence determined by the provisions of international law, those documents ratified by Ukraine.
 The first step of the “internal” differentiation of criminal liability for corruption criminal offenses is determined by legal factors - the definition of the concept of “corruption” in the Law of Ukraine “On Prevention of Corruption”. The next step of “internal” differentiation is to take into account the types of special subjects of corruption criminal offenses and those spheres of social relations in which they participate and may abuse their powers or receive undue benefits. The reasons for such a differentiation seem to lie in the differences in the relations in which the above-mentioned special subjects are participants. The legislator, differentiating responsibility taking into account these spheres, firstly, determines the place of the article on the corruption criminal offense in the structure of the Special Part of the Criminal Code of Ukraine, and secondly, taking into account the importance of the relevant relations, constructs independent sanctions of criminal law norms.

Electronic voting as an element of electronic democracy: the experience of EU countries

The rapid development of information technologies and digital transformation affects various spheres of social relations. Democratic processes in the country, particularly voting, are no exception in this direction. Note that voting and elections are the main components of modern societies, as elections impact citizens' lives and well-being. There is a widespread tendency to reduce participation due to the inconvenience of face-to-face voting. One of the methods of increasing the number of voters is the introduction of electronic voting. The author notes that electronic voting covers several types of electronic means in elections for direct voting and counting votes.
 The work also considers the peculiarities of the Internet or online voting. The positive aspects of electronic voting are analyzed, in particular, such as the automation and simplification of the election process, the increase in participation, and the depreciation of the time required to announce the results. At the same time, the author points out the risks that arise when using electronic voting: falsification of elections, violation of the secrecy of the election, technical failure, etc.
 The paper analyzes the peculiarities of the use of electronic voting machines in Germany and other EU countries. In particular, it indicated that Estonia has a positive experience implementing Internet voting. It had determined that such a vote is unique because it becomes available online only before Election Day during the early voting period, which usually lasts one week.
 It emphasized that Estonia remains the only country in the world that has been using a digital voting alternative since 2005, involving young people inside the country and Estonians living abroad in the electoral and political process. The author notes that such success is due to several factors: people's trust in the authorities, a developed data security system, and the availability of a technological foundation built long before the first attempt at e-voting.
 It had determined that other countries are trying to adopt Estonia's experience, offering an alternative voting method. The author notes that this is limited to installing special voting machines. The work summarizes that electronic voting involves implementing the latest information technologies for the election process. However, the introduction of electronic voting technology itself needs to be clarified.

Implementation of the principle of people's power as a way of participation in the administration of justice

The publication examines the doctrinal principles on the forms of direct democracy and the existing problems regarding the exercise of power by the people. Based on the historical perspective of the analysis of European legislation in this area, ways of improving the Basic Law of Ukraine are proposed.
 It was established that, despite the insignificant and contradictory support of the thinkers of the ancient world and the Middle Ages regarding the need to recognize the right of the people to cancel the legislative acts of the representative bodies of the state, this idea received significant development precisely in the era of the New Age, when the proclamation of people's rule was accompanied by the establishment of parliamentarism, the authority and trust of which is constantly fell among the common people. It has been proven that the essence of such judgments was that modern democracy is based on the idea of popular sovereignty, that is, on the need to create such a system of state-legal relations that would ensure the primacy of law in all spheres of social relations and enable the people to exercise their right to be the source and basis state power precisely because of various forms of political participation in the state management of the country, one of which is participation in the exercise of judicial power.
 It has been determined that the views of thinkers in support of forms of people's power boil down to the fact that the right to limit state power is recognized as an inalienable, natural human right that belongs to them from birth. Therefore, people's power itself is one of the means related to the system of checks and balances, and therefore helps not only the normal functioning of state authorities by exercising control over the actions of their representatives, but also the direct exercise of power by the people, which thereby helps to ensure the principle of popular sovereignty.
 It has been established that today the practice of applying forms of direct democracy is significantly ahead of theoretical developments in this area. This very issue is voluminous, and at the same time there are a large number of gaps and contradictions in the possibility of constitutional consolidation of new forms of people's rule.

THE ROLE OF THE SUFFIX -ISM IN THE WORD FORMATION OF NEOLOGISMS 
 IN THE JAPANESE LANGUAGE

One of the word-formation models of neologisms in the modern Japanese language are words with the affixal suffixation -ism. The article presents factors of the word formation process in comparison of three language systems in historical retrospect. Trends in the development of word formation in the Japanese language have been identified, reflecting the emerging needs of society in consolidating a new conceptual apparatus in the sphere of social relations, engineering and technology, science and culture. The analysis of the publication material is based on data from foreign authors with the aim of high-quality training of orientalist teachers and specialists in the field of oriental languages and culture.

Personal security and sustainable development at work

The objective of the work was to study the international aspects of the regulation of social and labor relations, with emphasis on global processes and their influence, on the part of international institutions, on the security of the individual and stable development in the work environment. The study used scientific methods such as: systemic analysis, comparison, functional historical, legal comparative and communicative. It was established that the sharp multiplication of global problems that have currently appeared before mankind requires consensual efforts of all members of the world community. In the conclusions it was stressed that all measures of the world community in terms of labor have to start from the true fact that it affirms the safety and dignity of work of each person as a fundamental value. Consequently, the category «security» should be considered not only as an abstract dominant of development of a certain spectrum of labor social relations, but also as a real reason for the valid assurance of each individual. Definitely, the guarantee of safety should be based on the active position of each separate individual, not only in the sphere of occupational safety and hygiene, but in all spheres of social relations.

The concept of the informational state: the principles of formation and the main challenges in modern conditions

This article analyzes the concept of an informational state and examines its specific characteristics along with the consequences of its functioning for the development of democracy. It argues that the informational state is characterized by a shift from traditional bureaucratic structures to more flexible networked structures that rely on digital technologies to collect, process, store and disseminate information. This changes ignificantly affects implementation of state management functions and causes the emergence of new forms of interaction between citizens and a state, including new tools of citizen participation, transparency and accountability. The aim of this article is to substantiate the concept of "informational state" based on the analysis of domestic and foreign studies of deep transformations caused by the active penetration of information and communication technologies into all spheres of social relations and state functioning. The concept of the informational state creates a foundation for further understanding of how digital technologies transform the relationship between a state and its citizens. While informational state offers many advantages for the functioning of a democratic political regime, it also faces several problems that require quick and radical solutions.These include data protection and privacy issues, technological gap, information overload, and cyber security threats. The transition of modern democracies to a new stage of their development dictates the need for research and scientific substantiation of the concept of the informational state aimed at its further instrumentalization and adaptation to social and political processes, in particular in Ukraine. Since information has penetrated into all spheres of social and political relations, there is a need for securing its normative and legal foundations. Key words: informational state, information society, transparency and accountability of state power, democracy, information and communications technologies, freedom of speech, disinformation.

Counteracting Extremism in the Context of Social Relations Digitalisation

Introduction. In the Russian legislation there is a definition of the notion "extremism”, the notions "extremist activity", "carrying out extremist activity" are used and the directions of extremist activity counteracting are stipulated. However, in-depth study is required of the nature of extremism, the methods, mechanisms and opportunities of its manifestation, as well as of the evaluative nature of establishing the reasons and consequences of certain actions and statements provoking or encouraging people’s illegitimate and extremist sentiments and actions. The theoretical study of the above issues is required due to the changes in technologies of information distribution, methods of influencing the human behavior and harmful consequences the extremist activity can entail. The article considers the results of the extremism countering legislation overview, analyses the data evaluating the socio-political situation in the subjects of the Russian Federation of the Southern Federal District, discloses the meaning of the notion "extremism" in the framework of the modern methods of countering this type of crime and preventing possible preconditions and reasons for wide spreading such ideology. The study aims at identifying the aspects of concern in extremism counteracting in the context of social relations digitalisation.Materials and Methods. The research objectives are both the notion of "extremism" and its manifestation in various spheres of social relations. The following methods of general scientific knowledge were used: idealisation, formalisation, logical and comparative methods; the empirical and theoretical methods: method of analogies, abstracting, induction and deduction; as well as specific juridical methods: formally juridical, comparative legal, method of legal modeling and legal norms interpreting.Results. Upon studying the Russian legislation in the field of extremism counteracting and its implementation practices, the suggestions were made on the necessity to have a wide-scale discussion and more detailed juridical stipulation of the notion of "extremism", the forms of its manifestation, as well as counteracting facilities, taking into account the modern methods of communication and distribution of information. The significance was proved of extremism prevention and conducting the awareness campaigns called to clarify the governing decisions made at all levels of authority to decrease the possibility of public opinion manipulation and extremist sentiment arising. The analysis of the Russian Ministry of Justice local bodies experience in countering the extremist activity in the socio-political and rule-making spheres was carried out. The attempt was made to find solutions in the topical issues of making the correct governing and rule-making decisions aimed at harmonising the social life and ensuring the security of a person, a society and a state.Discussion and Conclusions. The issues of extremism manifestation, possibilities of its negative influence on the social relations development, state activity, citizens’ and their associations’ well-being are considered through the socio-political situation evaluation done by the local bodies of the Ministry of Justice of the Russian Federation in relation to the non-profit organisations' (hereinafter – NPOs) activity in the subjects of the Russian Federation (their registration, control of the events held by them, receiving the financial support and sources of such support).

ELECTRONIC PETITIONS AS A MEANS OF IMPLEMENTING THE PRINCIPLES OF PUBLIC GOVERNMENT AND A RESOURCE FOR IMPROVING STATE GOVERNMENT

The issue of the importance of electronic petitions as a means of implementing people's power and a resource for improving state governance is considered. A petition (from the Latin petitio - "appeal") in the general sense is a collective request submitted to state authorities or local self-government bodies in written or electronic form. An electronic petition in the general sense is a special form of expression of a request or proposal submitted by a certain subject and addressed to a state authority or the head of state. The positive qualities of electronic petitions traditionally include simplicity and convenience, saving time and simplifying the bureaucratic procedure in its design and processing. The modern information society contributed to the qualitative improvement of the procedure or mechanism of registration of such a form of appeal, which can be submitted in electronic form. This is a certain appeal with a specific problem, placed on a special electronic platform, where people get the opportunity to support this or that request or demand, without spending a significant amount of time and using only the Internet. Since the 1990s, research mediated by the Internet has gradually become widespread in the social sciences due, in particular, to the expansion of the use of the Internet in various spheres of social relations. Among them, online petitions are increasingly used today. The mentioned problems are analyzed quite vividly on the pages of professional literature. The necessary circle of specialized literature is analyzed. On the basis of historical and historical-comparative methods, the specifics of initiating petitions to state authorities have been clarified. It was noted that the full implementation of this form of appeals presupposes the presence of a certain maturity of social relations and the development of parliamentarism. Peculiarities of submitting petitions in paper and electronic forms are compared. It is emphasized that the introduction of the practice of submitting electronic petitions is based on the achievements of the modern information society and the possibilities of digitalization of any documents. The position regarding the significance of the petition institute in the process of development of modern democratic governance is formulated and substantiated. According to our assessment, in this case, the first thing should be about significant innovations in the rights and freedoms of citizens, as well as in the implementation of the principles of people's rule and in approaches to state governance in general. In addition, a popular electronic petition can receive wide coverage in both traditional media and social networks. It is known that the main advantages or positive qualities of submitting this form of petitions include convenience, since the need to physically collect signatures in support of one's proposal disappears, and the possibility of simplified communication with officials or state authorities. However, in a successful case, more important importance should be attached to the significance of electronic petitions in the field of social and political-legal relations as a whole. First of all, this concerns the implementation of the right of citizens to participate in the management of state affairs, the meaningful filling of the concept of electronic governance, as well as the place of such appeals in the sphere of clarification and development of state policy. It was noted that the full implementation of this form of appeals presupposes the presence of a certain maturity of social relations and the development of parliamentarism. The main advantages or positive qualities of submitting electronic petitions include convenience, since the need to physically collect signatures in support of one's proposal disappears, and the possibility of simplified communication with officials or state authorities

Peculiarities of the interaction of legal clinics with the system of providing free legal aid

In the legal state that is Ukraine, one of the main values is the fundamental rights and freedoms of a person and a citizen, which are guaranteed by the Constitution of Ukraine and other normative legal acts of the state. Therefore, the protection of violated rights is an important element in the legal system of the state.The article deals with the organization of the state system of providing free legal aid. It is noted that the participants of the state system of providing free legal aid include the bodies of the executive power, which not only solve organizational and legal tasks in this sphere of social relations, implementing various forms and methods of activity, but also provide free help. An analysis of the legal acts that form the system of providing free legal aid was carried out. The organization of the work of legal clinics of higher educational institutions as participants in the non-state system of providing free legal aid, as well as the peculiarities of the interaction of legal clinics with the system of providing free legal aid, is considered.It was determined that the goal of the clinic is to educate a new generation of lawyers, to make them aware of the important role of a human rights defender in society, to understand social problems and to ensure that vulnerable citizens have access to free legal aid and fair justice. The quality of such services is ensured by the help and supervision of teachers, as well as compliance with the standards of the Association of Legal Clinics. Students in the legal clinic have the opportunity to independently draw up procedural documents, evaluate the content and course of consideration and resolution of a specific case and justify their position in it.The activities carried out by legal clinics of Ukraine and free legal aid centers were analyzed. It has been established that thanks to the activity of the free legal aid system, more and more people are becoming interested in their rights and applying for free legal aid. In addition, the importance of interaction between legal clinics and free legal aid centers is confirmed by the following facts: firstly, it determines the general level of legal culture, since the more people know about their rights and coordinate their behavior with the norms of the law, the higher the level of legal culture of society; secondly, it forms general law-abidingness among citizens of the entire country and covers various age and professional groups of the population; thirdly, it contributes to the expansion of subjects of provision of free legal aid; fourth, free legal aid systems adapt to today’s challenges and inform the most vulnerable sections of the population.

Implementation of the principle of people’s power: doctrinal principles

The publication examines the doctrinal principles on the forms of direct democracy and the existing problems regarding the exercise of power by the people. Based on the historical perspective of the analysis of European legislation in this area, ways of improving the Basic Law of Ukraine are proposed.
 It was established that, despite the insignificant and contradictory support of the thinkers of the ancient world and the Middle Ages regarding the need to recognize the right of the people to cancel the legislative acts of the representative bodies of the state, this idea received significant development precisely in the era of the New Age, when the proclamation of people’s rule was accompanied by the establishment of parliamentarism, the authority and trust of which is constantly fell among the common people. It has been proven that the essence of such judgments was that modern democracy is based on the idea of popular sovereignty, that is, on the need to create such a system of state-legal relations that would ensure the primacy of law in all spheres of social relations and enable the people to exercise their right to be the source and basis state power precisely because of various forms of political participation in the state management of the country, one of which is participation in the exercise of judicial power.
 It has been determined that the views of thinkers in support of forms of people’s power boil down to the fact that the right to limit state power is recognized as an inalienable, natural human right that belongs to them from birth. Therefore, people’s power itself is one of the means related to the system of checks and balances, and therefore helps not only the normal functioning of state authorities by exercising control over the actions of their representatives, but also the direct exercise of power by the people, which thereby helps to ensure the principle of popular sovereignty.
 It has been established that today the practice of applying forms of direct democracy is significantly ahead of theoretical developments in this area. This very issue is voluminous, and at the same time there are a large number of gaps and contradictions in the possibility of constitutional consolidation of new forms of people’s rule.

Legal Regulation of Relations in the Sphere of Crowdfunding in the Republic of Belarus

Objective : to study the theoretical and legal bases of crowdfunding and to elaborate scientifically grounded proposals for improving the Republic of Belarus legislation in this sphere. Methods : the methodological basis of the research is a system of principles, methods and techniques of studying the general regularities of emergence, formation and development of social-legal phenomena. In the research, general and specific methods of scientific cognition were used: analysis, synthesis, comparative-legal, logical, systemic, formal-legal, dialectic and other methods. Results : the history of emergence and formation of crowdfunding was analyzed. The social-economic and technical-technological factors were revealed, which facilitate the popularization of crowdfunding among the Internet users. The origins of the “crowdfunding” notion were discussed, as well as its filling with a definite meaning. The types of crowdfunding were listed, depending on the goal of investment on the part of investors. The main subject composition of legal relations in crowdfunding was established, which consists of the following persons: funding seeker; funder; operator of online-funding service. The overall algorithm of legal relations between the main subjects of crowdfunding was described. The positive and negative aspects of crowdfunding were characterized. An overall analysis of foreign legislation in the crowdfunding legal regulation was performed. Based on the analysis, the general trends of legislation development were presented. The program and normative legal acts on developing crowdfunding in the Republic of Belarus were reviewed. The probable contract models of the parties’ legal relations registering were named. The technical and legal requirements to the functional of an online-funding service were determined. The minimal necessary set of measures was proposed, which may prevent risks and threats associated with procurement and extension of funds through onlinefunding services. Based on the operator functions, specific requirements to the rules of online-funding service were determined. Scientific novelty : the author comprehensively studied the notion, legal nature and features of legal regulation of crowdfunding. The factors were revealed, which influence the formation of the legal norms regulating the procurement and extension of funds through online-funding services. The author elaborated proposals for improving the Republic of Belarus legislation in the sphere of social relations under study. Practical significance : the research results are significant for developing the studies in the sphere of civil, economic, and informational law. The obtained results may be used in teaching a course in civil, economic, and informational law, as well as be applied by law subjects when elaborating and introducing the respective drafts of laws and be an object of further scientific research on the issue.

Correlation of mediation as an alternative way to protect civil rights and interests and tort liability

The trends and challenges of modern society stimulate a review of the features and characteristics that define law as a set of social norms and shape its image through the provision of legal norms either with means of coercion, or by encouraging the use of other, alternative methods. Changes of a global nature, which are connected not only with the war in Ukraine, are accompanied by alternative methods of protecting the rights of participants in civil relations. The purpose of this study was to establish the legal and scientific and practical principles of the mediation procedure as one of the alternative ways of protecting civil rights and interests. Philosophical, specifically hermeneutic, and general scientific methods of scientific cognition (generalization, logical, praxeological, prognostic and modelling, as well as bibliographic) were used in this study. Special legal methods were also applied: formal legal and comparative legal. Modern positions in the understanding of legal categories, such as civil protection and civil liability and the influence of modern conditions of society on them, have been established. Various approaches to the mediation procedure were presented, and the prerequisites for its occurrence in Ukraine and the world were revealed. The study investigated how the categories “protection of civil rights and interests”, “tort liability”, and “mediation” interact. The modern trends of the civil doctrine regarding the protection of civil rights and interests were examined, the specific features of tortious liability and the possibility of introducing the principles of restorative justice regarding the protection of violated property rights were covered. The legal and practical bases of the application of mediation were determined, the advantages of its application in various spheres of social relations were established. The study analysed the judicial practice regarding the procedure for stopping proceedings in a case due to transfer of the dispute to mediation. The given materials and research results can be used in practical activities by participants in civil legal relations for further scientific research, as well as mediators, teachers, students of various educational degrees, representatives of state authorities and local self-government bodies.

Эволюция религиозной функции в римском праве

At all stages of history, an important role in the sphere of social relations was played by religion, which also acted as the most important factor in the interaction between society and the state. Although religion can be considered as an independent legal system, such as Sharia, and in the general form of religious law, in the concept of law, the religious function, it seems, should be highlighted in particular in view of the fact that it plays an independent role in the entire legal system and develops in a special way. The purpose of the article is to show the evolution of the religious function in Roman law, which underlies many modern legal systems. The sacred function was the main one at the beginning of the formation of Roman law, and then more features that were secular began to appear in it. However, the transition to the Empire led to the fact that the religious function was firmly entrenched in Roman public law, and during the period of Christianization of the 4th century, this function assumed consolidation in laws the formulas of faith binding on all the subjects.

THE DEVELOPMENT OF EXPLOITATION: FROM THE PAST TO THE PRESENT

Purpose. The aim of the article is to explore the problems of exploitation and their solutions: an excursion into the past and a modern view in various manifestations and forms. Methodology of research. Research on the chosen topic was carried out using various methods of detailed study of the main components of this topic. At the same time, preference was given to the following methods: historical (the phenomenon of exploitation is considered in historical retrospect), dialogic (processes of exploitation are studied from the standpoint of the formation of the author’s questions, and the answers are from the appropriate source), system and structural, abstract and logical (all structural components of the study are presented in certain logical and abstract sequence). All research processes were closely related from the standpoint of their dialectical development. Findings. A study of the development of exploitation was carried out with an emphasis on the processes of the origin of this social and economic phenomenon in various spheres of mutual relations in human society. The importance and role of exploitation processes in various spheres of social relations and, at the same time, the insufficient volume and level of research into this phenomenon are emphasized. In the research processes, the main attention was focused on: clarifying the essence and phenomena of the development of exploitation and its interpretation in scientific publications; periods and conditions of exploitation in various production methods; combination of economic and non-economic forms of exploitation; the development of new forms of exploitation and their influence on views and statements regarding the development of the processes of this social and economic phenomenon. Originality. On the basis of the obtained research data, specific conclusions and proposals regarding further steps in the study of the patterns of the development of new forms of exploitation in modern conditions have been formed. Practical value. Proposals to expand the range of research on exploitation processes, focusing special attention on such an important component of this socio-economic phenomenon as self-exploitation, deserve attention. It is also necessary in modern conditions and for the future to provide for the study of the basics of exploitation in educational institutions of Ukraine. This is especially important when training managerial specialists. Key words: exploitation, social relations, essence, forms of exploitation, methods of production, past, present, research

АДМІНІСТРАТИВНО-ПРАВОВЕ ЗАБЕЗПЕЧЕННЯ ПРАВОВОГО РЕЖИМУ ВОЄННОГО СТАНУ В УКРАЇНІ

The issue of administrative and legal support of the legal regime of martial law was considered. Scientific views on such legal categories as "legal provision" and "administrative-legal provision" in various spheres of social relations have been studied. The concept of "administrative and legal support of the legal regime of martial law" is considered. The key features of the administrative and legal support of the legal regime of martial law are established, namely: the support of the specified legal regime is carried out by special entities whose powers are defined by legislation; regulated by the norms of administrative law; implemented using special tools (mechanisms, measures); the activity of public administration subjects consists in the adoption of laws, subordinate regulatory legal acts and their implementation. Based on the results of the research, the author's definition of the concept of administrative and legal support of the legal regime of martial law is proposed as the activity of authorized subjects of public power in relation to the legal regulation of social relations, legal support for the implementation of the measures of the legal regime of martial law, regulated by the norms of administrative law, with the aim of protecting human rights and freedoms. defense of the state in case of armed aggression or threat of attack, danger to the state independence and territorial integrity of Ukraine. It has been established that the essence of the administrative and legal provision of the legal regime of martial law is the provision of conditions for achieving the goals of its introduction, as well as the provision of regulation, implementation, protection and protection of social relations in the conditions of martial law.

Subjects of public administration through the system of free legal aid: general theoretical aspect

The article examines the powers of public administration subjects through the system of free legal aid. It was established that public administration is performed by the Cabinet of Ministers of Ukraine, the Ministry of Justice of Ukraine and the Coordination Center. The place of the Cabinet of Ministers of Ukraine in the management system of the free legal aid system is characterized. It has been proven that the Cabinet of Ministers of Ukraine possesses general managerial competence, which is manifested in the rule-making and organizational-regulatory powers regarding the system of providing free legal aid. The article establishes that the Ministry of Justice of Ukraine carries out general management of the system of free legal aid, at the same time exercising organizational, law-making and normative, coordination and advisory powers in the system of ensuring the right to free legal aid.
 Special attention was paid to the powers of the Coordination Center, which is a special management body and exercises powers of an organizational, coordinating, expert-analytical, informational, and controlling nature.
 It was concluded that public administration through the system of free legal aid is a purposeful activity of authorized subjects aimed at ensuring the right to free legal aid.
 The system of entities that carry out public administration is characterized by the following immanent features: first, it includes the Cabinet of Ministers of Ukraine, the Ministry of Justice of Ukraine and the Coordination Center; secondly, in contrast to other systems of public administration, it is not extensive; thirdly, it includes subjects possessing general and special management competence; fourthly, the sphere of social relations in relation to which public administration is carried out is specific and includes a positive obligation of the state to ensure the right to free legal aid.

КРИМІНОЛОГІЧНЕ ЗАКОНОДАВСТВО УКРАЇНИ: ОСНОВНІ НАПРЯМКИ РОЗВИТКУ

The articleis devoted to the problems ofcriminological legislation, as a set of stable and orderly norms that manifest themselves in various spheres of social relations, which constitute the basisof normative and legal protection against crime. The main approaches to defining the concept of criminological legislation,delineating its characteristic features and highlighting key vectors of development are analyzed.Attention is focused on the prospects of further codification of regulatory and legal acts regulating preventive activities.It is concluded that all theoretical and practical developments in the direction of systematization of criminological legislation, formation of its basis require further development, scientific analysis and generalization.