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Administrative reforms in Eastern Europe: A comparative legal analysis
(Cuestiones Políticas, 2021) Stanislav V. Zlyvko; Valerii A. Bortniak; Kateryna V. Bortniak; Iryna P. Storozhuk; Roman Z. Holobutovskyy
The objective of the article was to analyze the legal regulation of the decentralization reform in Eastern Europe and its impact on the unemployment rate. Methodologically, statistical analysis, hypothetical-deductive method and correlation were used. It was found that the first stage of the reform of the New Civil Service in Poland, Ukraine, Romania, the Czech Republic, Slovenia, Latvia, and Bulgaria began in 1990, but can be called an informal preparatory stage. It is determined that the process of implementation of administrative reforms is influenced by a series of factors: historical, economic, geographical. It is concluded that there is no positive correlation between the effectiveness of public administration and the effectiveness of local self-government in all the countries studied. The reform of decentralization has been shown to have a negative impact on employment. In addition, it found that Poland is the most stable country among those studied, with a high level of efficiency of local self-government. La more negative correlation between the efficiency index of local self-government and employment, and the most positive correlation between local and unemployment rate.
Analysis of agritourism and tourism potential of rural areas in the system of their sustainable development: a case study of Ukraine.
(2022-01-28) Sobchenko T.; Mykytsei T.; Zatsepina N.; Krushynska A.; Samaricheva T.
In the article we proved that rural tourism in a market economy is becoming increasingly important, because it helps to solve the problems of rural development, namely: the outflow of young people to cities, declining employment, low incomes of the rural population, and more. The purpose of the article is to study rural agritourism and substantiate the tourist potential of rural areas of Ukraine on the basis of sustainable development. In the process of studying the dynamics of rural green tourism in Ukraine, it was found that the number of farmsteads in Ukraine is increasing and the development of agritourism is intensifying. In the article we found that the saturation of rural tourist farmsteads is unevenly distributed throughout Ukraine, due to natural and climatic conditions, the presence of historical and cultural sites, and the preservation of ethnic traditions. In the article we proved that the development of rural green tourism not only helps to preserve and develop recreational areas in rural areas but also helps to solve socio-economic problems of the village, which reduces rural unemployment by attracting youth and the local population, reproduction of labour potential, slowing down migration processes in villages, increasing the level of infrastructure in the region, replenishing local rural budgets.
Analytical review of modern approaches to determining the essence of the economic security of tourism enterprises
(2021-07-12) TETIANA TERESHCHENKO, EDUARD SHCHEPANSKIY, LESIA OMELCHUK, TETIANA PIDLISNA, OLENA KHYTRA
This study investigates issues related to an analytical review of modern approaches to determining the essence of economic security of enterprises in the tourism sector. The relevance of the subject matter is determined by the need to develop a comprehensive understanding of the issues related to determining the essence of economic security of enterprises operating in the tourism sector from the standpoint of the currently existing analytical approaches. At present, issues related to the economic security of enterprises in various fields of activity, including tourism, require special attention in view of the ever-increasing need to monitor the indicators of their economic efficiency in the constantly changing modern market conditions. The purpose of this study is to carry out an analytical review of the current approaches to defining the essence of the very concept of economic security, as applied to tourism enterprises and a comparative characteristic of the effectiveness of such approaches. The leading approach in this study is a combination of analytical and logical methods of researching the issues included in the subject matter. The main results obtained in the course of this study include the definition and statement of some modern approaches to the issues under study and the analysis of the essence of the concept of economic efficiency of the activities of enterprises in the tourism industry, in relation to the realities of the current economic situation in the world as a whole. Prospects for further scientific research in this area are determined by the increasing importance of economic security issues in relation to the activities of enterprises in various fields of activity and tourism in particular, as well as the need for an objective ealuation of the effectiveness of the approaches used to determine the essence of the concept of economic security regarding the activities of enterprises in the tourism sector. Currently, the tourism business is actively developing and aspects of the economic security of enterprises operating in this industry are of paramount importance. The applied value of this scientific study lies in procurement of analytical information regarding the main methods for determining the essence of the economic security of enterprises, identifying the most effective of them with a view to their subsequent application in practice, in assessing the effectiveness of measures to ensure the economic security of enterprises in the tourism sector
Anti-Corruption Policy in the Field of Public Administration of the Social Sector in the Context of Decentralisation
(Law Journal of the National Academy of Internal Affairs, 2021) Iryna Ryzhuk; Oleksandr Bryhinets; Olena Halus
The purpose of the study is to analyse the relationship between the implementation of the reform of decentralisation of public power in the field of social sector management and anti-corruption policy in Ukraine, and the development of scientifically based recommendations for improving legislation on the prevention of corruption in local self-government bodies. In the process of scientific research, a complex of philosophical and ideological, general scientific, and special scientific methods was used. The axiological approach is used to clarify the role and importance of proper legislative regulation of certain public relations that arise when making power decisions at the municipal level. The method of analysis and synthesis contributed to the analysis of the concept, features, object, parties, and conditions of decentralisation. From special scientific methods, the study applies systemic and structural-functional, comparative-legal. It is emphasised that the reform on the decentralisation of public power initiated the creation of united territorial communities capable of independently providing high-quality public services, organisational and legal guarantees to the population for the implementation of their constitutional right to social protection by residents. It is stated that many of the positive transformations that are being conducted in the state are being offset primarily at the local level due to the large-scale spread of corruption manifestations. Due to the lack of a special strategic document of anti-corruption orientation, the work of the Parliament on resolving the issue of the anti-corruption strategy was analysed, in particular, the Draft Law “On the principles of state anti-corruption policy for 2020-2024”. It is proved that corruption negatively affects the image of the state in the international community, hinders the attraction of foreign investment, and poses a threat to social and economic security. Due to the fact that fraud with budget funds causes substantial damage to the social functions of the state, corruption at the municipal level is often the most harmful, because it affects the most vulnerable segments of the population. It is determined that the legislative framework has been updated at the state level, concepts and programmes for preventing corruption have been adopted, and its own anti-corruption institutional model for organising public administration has been formed. It is stated that corruption continues to play a negative role in public administration, and the means and methods aimed at preventing it remain insufficiently effective. Ways to increase the level of anti corruption policy in the field of public management of the social sector in the context of decentralisation are proposed. The conclusion is formulated on improving the current anti-corruption legislation by adding local self-government bodies to the list of entities that approve anti-corruption programmes
Approaches to understanding the category “special legal regimes”
(Journal of the National Academy of Legal Sciences of Ukraine, 2021) Oleksandr M. Bukhanevych; Anastasiia M. Mernyk; Oleh O. Petryshyn
The study investigates the main approaches to understanding such legal categories as “legal regimes” and “special legal regime”, and provides their classification. Special legal regimes serve as the legal basis for restricting human and civil rights and freedoms; therefore, the relevance of the study of the concept, types, and main features of special legal regimes is beyond doubt. The authors of the study consider the relationship between the categories of special legal regime of a state of emergency and martial law, and describe the main grounds for their imposition. The authors noted a need for a clear, consistent legal regulation of the model of behaviour aimed at overcoming and eliminating negative consequences of an emergency and military nature. Attention is focused on the fact that in Ukraine, the regulation of public relations arising in connection with emergencies and military situations has become particularly important after the emergence of a military conflict on the territory of Ukraine and the spread of the COVID-19 virus. The study provides the author’s vision of the categories “legal regimes” and “special legal regimes”. it is proposed to interpret the legal regimes as the regulatory procedure, which is expressed in a set of legal means that describe a special combination of interacting permits, prohibitions, and obligations, while implementing a special focus of regulation. The latter should be interpreted as a form of public administration that makes provision for the restriction of the legal personality of individuals and legal entities, introduced as a temporary measure provided by means of administrative and legal nature, and aimed at ensuring the security of the individual, society, and the state. The study provides the classification of special legal regimes and contains proposals to distinguish them according to the content and basis of occurrence as follows: state of emergency, martial law, state of siege, state of war, state of public danger, state of tension, state of defence, state of threat, state of readiness, state of vigilance.
Attracting Foreign Investment in Cyclic Imbalances of the Economy
(Scientific Horizons, 2022, Vol. 25, No. 5. P. 101-116., 2022-08-23) Trusova, N., Kotvytska, N., Pikhniak, T., Pavlova, M., Plotnichenko, S. & Sakun, A.
Foreign investment is an important economic resource for many countries including Ukraine. The relevance of this study lies in the need to solve problems of attracting foreign investment. The purpose of this study was to consider the conditions for attracting foreign investment in the cyclic imbalances of the world economy. Using the method of correlation-regression analysis, the impact of indicators of financial imbalances was found both in general and by individual sub-indices. The study found the financial imbalances (fiscal, monetary, exchange rate, debt, trade, households, investment, and savings), both present and potential, in the face of the threat of financial and economic crisis. The procedure for assessing financial imbalances in economic activity of the world and their regional groups that implement the process of investment-oriented development was defined. To assess their impact on the volume of foreign direct investment, a comprehensive method of calculating sub-indicators of financial imbalances was proposed, which on the set of certain parameters forms an integrated index of financial imbalances. Methodological approaches to determining the restrictive procedures for the accumulation of financial imbalances associated with the transition of the financial system to a state of financial danger, considering the budget, currency, monetary and debt components were substantiated. The complex method of calculating sub-indicators of financial imbalances in the economy involves the identification of economic risks at the initial stages using the Alert Mechanism on the violation of the balance of the financial and economic systems of the participating countries. Priority areas (real estate and professional services) for attracting foreign investment from around the world were identified. The geostrategic matrix of attraction of foreign investments by the countries of the world was offered
Change management in R&D-quality costs in challenges of the global economy
(CEUR Workshop Proceedings, 2021. Vol. 2870, pp. 1139–1151, 2021-06-21) Bublyk, M., Mykhailov, V., Matseliukh, Y., Pihniak, T., Selskyi, A., Grybyk, I.
The article considers the problems of R&D-quality costs management tools application in terms of entering new international markets. In the context of globalization of national economies, a key factor in the economic growth of any country is to ensure the sustainability and efficiency of innovation processes in enterprises. A necessary prerequisite for innovative activities of enterprises are R&D activities, for the conduct of which enterprises need certain resources, which ultimately identifies focus of research on R&D-quality costs management. The studied problem is widely discussed in Ukraine given the current geopolitical and socioeconomic transformation. The article considers the current specifics of the problems that arise in enterprises which apply various tools to manage the cost of R&D quality in terms of entering new international markets. The main tools, features and problems in the process of R&D-quality costs management tools application, the level of support for innovation by business entities and research are analyzed. Trend models based on indicators of Ukrainian enterprises performing R&D activities are built.
Classification of Family Rights and Obligations: Doctrinal Foundations and Integration with the Principles of Sustainable Development
(European Journal of Sustainable Development, 2025) Volodymyr Vatras; Oleg Oksaniuk; Denys Sydorenko; Serhii Sabluk; Svitlana Yakymchuk
This topic is important since family laws need to change with societal modernization, especially to ensure equal rights and responsibilities for spouses, improve parents' duties to inform children and make child support collection more effective. The research aims to analyze family law issues, discover current trends, and suggest possible solutions through analysis of laws, legal rulings, and scholarly articles using methods of comparison, analysis, and historical research. The research shows that unequal rights and responsibilities between spouses remain a serious problem, parents' responsibility to provide children with information should be clearly written in the law, and mechanisms for collecting alimony should be strengthened. The practical significancelies in proposals for improving legislation in the field of family law: which will help protect the rights of all participants in family relations by taking into account international experience and harmonizing national laws with international standards
Concession as a tool for improving the budget and tax incentives for investment attractiveness of the tourist complex in Ukraine
(IOP Conf. Series: Earth and Environmental Science 1415. 2024. 012106, 2024) Krushinska Alla; Samaricheva Tetiana; Arziantseva Daria; Zakharkevych Nanaliya; Hrytsenko Olha
The argumentation of the use of concession of historical and architectural objects in Ukraine as a tool for improving the budget and tax incentives for investment attractiveness of the tourist complex has been carried out. A scientific approach to budgetary and tax incentives for investment attractiveness of tourist facilities has been formed using an optimization model for calculating concession payments, which ensures the flexibility of incentives, takes into account the interests of investors, based on indicators for assessing the effectiveness of an investment project with a simultaneous focus on maximizing budget revenues. It is substantiated that the budgetary and tax incentives for investment attractiveness of tourist complexes through the introduction of public-private partnership in the form of a concession of historical and architectural objects will allow private business to invest in attractive tourist sites and ensure higher profitability of the hotel and restaurant business, since the interests of the investor are taken into account, and will also reduce budget expenditures and increase tax revenues to the budgets from servicing tourist flows.
Court practice of application of criminal legal measures for immediate commitment of a criminal offense
(Socio-economic relations in the digital society, 2023) Omelchuk Oleg; Zakharchuk Viktor
У статті проаналізовано судову практику застосування заходів кримінально-правового характеру за опосередковане виконання кримінального правопорушення. Встановлено, що суди враховують факт опосередкованого виконання кримінального правопорушення при характеристиці особи винного і визначенні його суспільної небезпечності, а саме призначають більш суворе покарання з переліку альтернативних, або призначають покарання вище нижньої межі. При цьому досить часто суди звільняють таких осіб від відбування покарання з випробуванням. Водночас практично не застосовують загальні види звільнення від кримінальної відповідальності. Це зумовлено тим, що у переважній більшості таким способом вчиняються умисні діяння – нетяжкі злочини, тоді як умовою застосування багатьох видів звільнення від кримінальної відповідальності є вчинення необережного нетяжкого кримінального правопорушення. Найчастіше випадки вчинення кримінального правопорушення шляхом опосередкованого виконання при використанні малолітньої особи суди кваліфікують по відповідній статті Особливої частини КК України та по ст. 304 КК України як втягнення неповнолітніх у кримінально-протиправну діяльність. Однак досить часто враховують це ще й як обставину, що обтяжує покарання, що є дуже суперечливим. В окремих випадках у разі опосередкованого виконання кримінального правопорушення з використанням малолітньої особи, суди можуть враховувати це лише як обставину, що обтяжує покарання. У тих випадках, коли малолітня особа, яку залучає злочинець до виконання об’єктивної сторони діяння розуміє дійсний характер своїх дій, до такої особи можна застосувати певні примусові заходи виховного характеру. Такі заходи кримінально-правового характеру, як примусові заходи медичного характеру, примусове лікування, примусові заходи виховного характеру у разі опосередкованого виконання кримінального правопорушення за не мають жодних відмінностей від загального порядку застосування цих заходів до винної особи.
Credit Activity Legal Regulation of Commercial Banks
(Review of Economics and Finance, 2022) Riadinska, Valeriia O.; Samsin, Igor L.; Kovalko, Nataliia M.; Andrushchenko, Halyna S.; Soldatenko, Oksana V.
The purpose of this study is to review the changes and prospects of the legal regulation of bank lending in Ukraine based on the current national legislation comparing with the legislation of the European Union and Germany. In this case, the study of existing legal norms is the leading method taking into account the comparative legal aspect. The article presents a brief analysis of the fundamentals of public and private law regulation of bank lending in Ukraine, including in comparison with the legislation of the European Union and Germany, as well as, based on the results of the study of scientific literature and materials of international organizations, the theoretical basis of the transformation of European lending legislation shown the concept of "responsible lending"based on behavioural economics in recent years. At the same time, it was revealed that the new Ukrainian legislation contained some unexplained contradictions that might complicate law enforcement. In addition, many norms require modernization in connection with the adoption of new laws in the main normative acts - the Civil Code of Ukraine and the Economic Code of Ukraine.
Criminal and Legal Countermeasures against Cybercrime in the Conditions of Martial Law
(IJCSNS International Journal of Computer Science and Network Security, 2022-12) Nataliia Veselovska; Serhii Krushynskyi; Oleh Kravchuk; Olеksandr Punda; Ivan Piskun
The article is devoted to the consideration of the features of the application of criminal and legal countermeasures against cybercrime in the conditions of martial law. While conducting this research, we found an opportunity to formulate the author's recommendations for solving the most complex law enforcement problems, as well as to propose changes to the Criminal Code of Ukraine aimed at eliminating the flaws of the analyzed Law, the adoption of which will contribute to the achievement of higher efficiency of the relevant criminal law prescriptions. It is argued that the removal of the previously existing in the footnote of Art. 361 of the Criminal Code of a fundamentally important caveat regarding the fact that when assessing "significant damage", the mentioned property equivalent was to be taken into account only when such damage consisted in causing material damage, which led to a significant and unjustified narrowing of the scope of potential application of Part 4 of Article 361 of the Criminal Code.
Determinants of the current account balance and output in Ukraine
(2019-03-15) Synchak V.; Shevchuk V. O.; Zaverbnyj A. S.; Baranetska O. V.
Using quarterly data for the 2000—2017 period, fiscal and monetary policy effects upon the real exchange rate (RER), the current account balance and output (GDP) in Ukraine are estimated with the SVAR model. It is found that the budget surplus is a factor behind both an improvement in the current account and the business cycle, arguing in favor of fiscal discipline as a stabilization tool. On the other side, there is weak evidence that the monetary hangover measured as a deviation of the monetary aggregate M2 from its equilibrium trend contributes to an improvement in the current account as well, but at the cost of significant output losses with 4 to 6 quarter lags. Similar outcomes are brought about by the RER depreciation above trend, with a simultaneous drop in output on impact combined with the current account surplus. Both money supply and RER effects could be explained by crowding out of investments in the nontradable sector by the export activities, as it is implied by the familiar dependent economy model. As there is an increase in the money supply in response to economic boom, it rejects criticisms about artificial money shortages in Ukraine. Our results provide support to the so-called «45o rule» of a direct link between output and the current account, although with a significant time lag. А favourable current account effect upon output is achieved in the long run either, with an opposite restrictionary effect being observed on impact. While there is no causality running from the money supply to the budget balance, a strong link between the budget deficit and expansionary monetary stance is observed. Everything seems to be that an increase in GDP is an effective factor in improving the current account balance over the long term, while a favorable feedback also appears with a significant time lag (in the short term, it is quite the opposite, that is, improving the current account balance worsens the cyclical GDP position). However, the decomposition of the remnants does not allow asserting the importance of causality «catyt» та «ytcat». It is obvious that changes in the balance of the current account depend largely on the state of external markets, and the cyclical GDP dynamics ─ on internal factors, which relate primarily to the exchange rate and the monetary "sway" (the effect of the budget balance is less significant).
Effectiveness of Legal Anti-Corruption Mechanisms in the Financial Sector
(The Pakistan Journal of Criminology, 2024) Bukhanevych Oleksandr; Samsin Ihor; Nalutsyshyn Viktor; Kopanchuk Volodymyr; Bukhanevych Kostiantyn
The relevance of the issue under research is determined by the growing corruption in the financial sector during the last decades. Combating corruption in this field will depend on the effectiveness of the legal anti-corruption mechanisms in the financial sector. The aim of the article is to analyse the effectiveness of legal anti-corruption mechanisms in the financial sector using the case of Ukraine and to provide recommendations for increasing such effectiveness. The factors that reduce the effectiveness of legal anti-corruption mechanisms in the financial sector of Ukraine were identified through content analysis, doctrinal approach, comparative methods, analysis of legal acts and abstract logical method. As a result of the research, directions for increasing the effectiveness of such legal mechanisms are proposed. The recommendations formulated in the work can be applied to the improvement of such mechanisms both in Ukraine and in other countries, in particular EU countries. Future research prospects may include providing recommendations for improving the effectiveness of legal anti-corruption mechanisms in the financial sector of other countries, taking into account their specifics.
Ensuring a balance between public and private interests in the implementation of quarantine measures
(Revista de Derecho, 2020) Yaroslav Lazur; Tetyana Karabin; Oleksander Martyniuk; Oleksandr Bukhanevych; Oksana Kanienberh-Sandul
Under the influence of the spread of coronavirus infection, the world community has faced difficult challenges that provoke changes in the seemingly already stabilized legal regulation, putting at risk the settlement of human rights and the common good. The study aims to find effective mechanisms for balancing human rights and public interests in the context of their legal regulation. Specifically, this study is focused on the mechanisms of balancing private and public interests in the implementation of quarantine measures in the Covid-19 pandemic. The research methods were both general scientific and special methods, in particular: formal legal, historical and legal, analysis and synthesis. To perform the tasks of the work, the following structure was used: after some initial precisions, there are provided some considerations about the fiscal stimulus measures and about the exercise of the right of derogation; then, the study deals with the problem of lawmaking in a pandemic; and finally it is considered the threats to intellectual property in the sphere of healthcare. The results of the work show that the pandemic has seriously hit the balance between private and public interests. The public interests of the government and society have become a priority, but in many cases, the measures that infringe private interests are disproportionate, untimely and inefficient.
Family rights and child interests: non-jurisdictional approaches in Ukraine and EU legislation
(Lex Humana, 2024) Vatras, V.; Havrik, R.; Omelchuk, O.; Stefanchuk, M.; Lohvinova, M.
The academic paper delves into the fundamental concept of the child's best interests, emphasizing its prevalence over adult interests in Ukrainian and EU legislation concerning the rights of the child's family. It stresses the need for a nuanced assessment of the child's needs, considering individual cases and involving the child's perspective. The article explores specific non-jurisdictional protection methods, focusing on mental well-being, education, safety, stability, and family relationships. Emphasizing the child's welfare, the study underscores the importance of preserving stable relationships and balancing parental rights with the child's best interests in family disputes. Protection of the child's family rights involves restoring violated rights and preventing future violations, ensuring the child's legal status and safeguarding their rights and interests.
Features of legal regulation of methods for protecting family rights and interests under the legislation of European Union member states
(Lex Humana, 2023) Roman Havrik; Volodymyr Vatras; Mariia Lohvinova; Larysa Hrytsyshyna; Zhanna Chorna
The article focuses on the features of the legal regulation of protecting the family's rights and interests in the European Union. The study examines the specifics and general aspects of the laws of various EU countries, including their historical, cultural, and social background. The importance of this analysis is based on several aspects. First and foremost, there is a strong need for an academic understanding of EU family law and the specifics of its sources. It is also essential to consider the uniqueness of EU family law, in particular, its unique system of sources, as well as the significant differences between the sources of EU law and international norms. The focus is on the protection of children's rights, the duties and rights of spouses, and the importance of international treaties and conventions in drafting national legislation. This study aims to provide a detailed research and comparative analysis of the features of the legal regulation of the protection of the rights and interests of the family in the European Union. For this purpose, the following methods have been applied: 1) the dialectical method for the analysis of social processes in the eu countries; 2) the formal legal approach to the study of legal relations and sources of family law; 3) the comparative analysis of eu regulations is based on the theoretical principles and specifics of family law. A systematic approach to the analysis of the specifics of EU family law and a historical view of its development are also used. In the context of globalization and international integration, the issue of unification of legal standards, especially within structures such as the EU, is becoming increasingly important. The research results will be helpful for lawyers, scholars, and anyone interested in current trends in European family law.
Features of legal regulation of methods for protecting family rights and interests under the legislation of European Union member states
(Lex Humana, 2023) Havrik, R.; Vatras, V.; Lohvinova, M.; Hrytsyshyna, L.; Chorna, Z.
The article focuses on the features of the legal regulation of protecting the family's rights and interests in the European Union. The study examines the specifics and general aspects of the laws of various EU countries, including their historical, cultural, and social background. The importance of this analysis is based on several aspects. First and foremost, there is a strong need for an academic understanding of EU family law and the specifics of its sources. It is also essential to consider the uniqueness of EU family law, in particular, its unique system of sources, as well as the significant differences between the sources of EU law and international norms. The focus is on the protection of children's rights, the duties and rights of spouses, and the importance of international treaties and conventions in drafting national legislation. This study aims to provide a detailed research and comparative analysis of the features of the legal regulation of the protection of the rights and interests of the family in the European Union. For this purpose, the following methods have been applied: 1) the dialectical method for the analysis of social processes in the eu countries; 2) the formal legal approach to the study of legal relations and sources of family law; 3) the comparative analysis of eu regulations is based on the theoretical principles and specifics of family law. A systematic approach to the analysis of the specifics of EU family law and a historical view of its development are also used. In the context of globalization and international integration, the issue of unification of legal standards, especially within structures such as the EU, is becoming increasingly important. The research results will be helpful for lawyers, scholars, and anyone interested in current trends in European family law.
Features of regulatory regulation of state financing of maintenance of jury trial in Ukraine
(Revista Jurídica Portucalense, 2022) Viktor Ladychenko; Olena Uliutina; Liliia Pankova; Olena Gulac; Oleksandr Bryhinets
The article analyses the peculiarities of legal regulation of state funding of jury trial maintenance in Ukraine. It has been established that public funding of the judicial system in Ukraine is currently extremely limited, which is a consequence of the economic crisis in Ukraine due to the temporary annexation of the Autonomous Republic of Crimea, permanent military clashes in the east of Ukraine and the global pandemic coronavirus. It has been proven that in economically developed countries of the world the level of state funding of the judicial system directly depends on the economic potential of the state and its stable position in the world economic market. Therefore, it is necessary for Ukraine, first of all, to move towards increasing its position on the global economic market and overcoming all manifestations of economic crisis. It has been established that jury trial is one of the key institutions of judicial power, the judiciary, and was created to implement the principle of direct participation of people in the administration of justice, which is confirmed by the provisions of the Constitution of Ukraine: "Jury trial" No. 3843 of 14.07.2020 and "About the introduction of amendments to certain legal acts of Ukraine due to the adoption of the Law of Ukraine "About jury trial" No. 3845 of 14.07.2020, have proved the urgency of further improvement of jury trial mechanisms, but only in the criminal proceedings, because in case of their adoption by the Supreme Council of Ukraine, jury trials will not have any legitimacy in civil proceedings. On the basis of the cited statistical data it was established that the monetary compensation for jury trial in Ukraine is minimal in comparison to the USA, Canada or France. On the other side, the UK, on the contrary, does not provide in its legislation for monetary compensation of jurors; only travel and per diem compensation exist. The high level of jury monetary compensation depends first of all on the social and economic development of the country. The conclusion is drawn that the legislator's actions of the recent years are directed at the classical jury trial model, which exists in many countries of the world, with an appropriate level of financial assistance and an appropriate level of logistical support.
FINANCIAL AND ECONOMIC ASPECTS OF LOSS HUMAN CAPITAL AND COMBATING THIS CHALLENGE OF UKRAINIAN HIGHER EDUCATION
(2021-04-15) I.Kovtun, D.Svyrydenko, N.Hots, L.Panchenko, R.Semeniuk, A.Dvigun
The loss of human capital is a significant projected loss for the country's economy. Higher education must analyze the challenges, maintain the quality of human capital at the level necessary for the functioning of the economy, and train professionals in a permanent crisis. The multi-vector nature of the crisis leads to a negative multiplier effect of the influence of external and internal factors on the level of human capital of the country in all institutional categories, so these challenges are emerging given their systemic nature. This primarily applies to the institute of higher education. The formation of a relevant response to the challenges of loss of human capital is not only a guarantee of the proper functioning of higher education, but also guarantees the success of its functioning for economic transformation in the country. The analytical study revealed economic losses from external migration of highly qualified personnel, reduction of the country's economic potential from the outflow of specialists. The narrowing of the base of high-quality reproduction of qualified personnel, the factor of disproportion in the financing of higher education and the reproduction of highly qualified personnel from budgetary sources and the growth of the share of self-financing were revealed. The analysis proved the inconsistency of the quality of the staff to the number of employees of higher education in the regions and the disproportion of the teaching staff with academic ranks. A study of the number of graduate students indicates that the disparity in quality will increase as there is a tendency to lose scientific schools in the regions. Weaknesses of higher education have been identified. To reduce the negative impact of this factor on the quality of human capital and, indirectly, on the country's economy, there is the urgent need to optimize public funding of human capital; to create regional funds for financing higher education, formascientific schools in the regions to eliminate regional disparities in training. Proposals for a policy of investing in human capital at all qualification levels have been developed, taking into account the effectiveness of such investments and also to stabilize the socio-economic situation in the country. The directions of forming the answer of higher school to the challenges of the economic crisis of the country are offered.

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