{"title":"The role and significance of administrative procedures for obtaining the status of an internally displaced person and refugee during the martial state and in the post-war period","authors":"","doi":"10.37634/efp.2023.7.19","DOIUrl":"https://doi.org/10.37634/efp.2023.7.19","url":null,"abstract":"The paper is devoted to the study of the role and significance of administrative procedures in the conditions of martial law and in the post-war period regarding obtaining the status of an internally displaced person, a refugee, and persons in need of additional or temporary protection. An internally displaced person must obtain the appropriate status and be on the register of internally displaced persons. In order to obtain a certificate on the registration of an internally displaced person, such a person applies with an application to the structural unit for social protection of the population of district, district in the city of Kyiv state administrations, executive bodies of city, district in cities (in case of formation) councils at the place of residence in the order, established by the Cabinet of Ministers of Ukraine. For registration, you must provide: an identity document (passport); a certificate of obtaining an individual tax number. However, in wartime conditions, unfortunately, not all persons who have the right to claim the status of internally displaced persons manage to keep the specified documents, which significantly complicates the administrative procedure for granting the corresponding status. Taking this into account, in our opinion, it would be advisable to expand the list of identity documents that can be used by an internally displaced person in the process of registration of the relevant status, with the exception of a passport, and also to provide the possibility of registration on the basis of only one type of such document. That is, whether on the basis of a passport, whether on the basis of an individual tax number, or a pension certificate, etc. In particular, depending on which document such a person managed to keep. In addition, taking into account the significant outflow of human capital from Ukraine, in connection with the war, in our opinion, in post-war times, the issue of ensuring the greatest possible simplification of administrative procedures for acquiring refugee status may become extremely urgent. In particular, with the aim of encouraging migrants to move to our country. After all, it is quite expected that not all of our citizens who went abroad due to the war will return to Ukraine. In particular, it would be expedient to bring the provisions on the acquisition of refugee status simultaneously for both the refugee and his family members in line with international standards.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129611149","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Reasons and conditions for committing cybercrimes","authors":"Ihor Kharytonenko","doi":"10.37634/efp.2023.7.14","DOIUrl":"https://doi.org/10.37634/efp.2023.7.14","url":null,"abstract":"The paper highlights the following main issues: determination of the main factors of criminalization of actions, features of cybercrimes, legal and social nature of crimes of this type are considered and divided. The provision has been developed that the majority of persons who commit crimes that have cyber features are persons for whom the method of committing a crime using electronic devices and devices and cyberspace is not decisive, but was chosen due to its real availability. It was established that the reason for committing cybercrimes is a complex of arbitrariness and illusions, which covers the stages from the formation of the complex under the influence of a number of circumstances to the direct commission of a cybercrime. Moreover, the conditions that contribute to the manifestation of a complex of willfulness and illusions can be almost any factors that affect the moment a person commits a cybercrime: receiving certain information, the corresponding emotional state, the appearance of the victim or relevant accomplices, etc. The classification of motives has also been established, taking into account both the legal and social nature of the motive for the crime. Within its limits, the motives for committing cybercrimes can be divided into:\u00001) antisocial, which include: self-interested motive (due to the desire to obtain material benefits); hooligan motive (caused by disrespect for society and social institutions as a whole); personal motive (due to the desire to harm a specific person);\u00002) asocial motives that are related to the satisfaction of a person's needs in a way prohibited by law, but which are not directly aimed at causing harm to specific persons);\u00003) pseudo-social – worldview-ideological motive (due to the desire to spread certain views or guidelines); socio-political motive (desire to influence the course of events in public life or state life) 6) research (due to interest in illegal or criminal direction);\u00004) protosocial, e.g., following an order, patriotic motives, etc.\u0000It was concluded that the cause of cybercrimes is a complex of arbitrariness and illusions, which covers four stages: from the formation of the complex under the influence of a number of circumstances (the availability of using the technical capabilities of electronic devices, the availability of knowledge and skills in their use, the feeling of anonymity and impunity of using cyberspace) to the direct committing a cybercrime.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114824311","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The concept and essence of the institutional capacity of Ukraine’s judicial system","authors":"S. Obrusna, Olha Dulherova, I. Ivanova","doi":"10.37634/efp.2023.7.10","DOIUrl":"https://doi.org/10.37634/efp.2023.7.10","url":null,"abstract":"Introduction. Current state-building and law-making processes as well as Ukraine’s European integration course substantiate the need for further research into the issues of the institutional capacity of the judicial system of Ukraine, in particular, the determination of its essence, features, ways of formation, etc. The above issue has not been in the focus of theoretical and legal attention in legal science yet. In domestic scientific sources, the problems of the institutional capacity of the judicial system of Ukraine are considered somewhat fragmentarily, which does not contribute to the formation of unified scientific approaches and their practical solution.\u0000The purpose of the paper is to determine the content and essence of the institutional capacity of the judicial system of Ukraine based on the analysis of current domestic legislation, international legal acts, and lawyers’ opinions.\u0000Results. It is noted that in modern science there is a pluralism of approaches to determining the essence of institutional capacity. The issues related to institutional capacity are studied in terms of the state, certain state and non-state institutions, public associations, etc. Therefore, taking into account the wide range of aspects covered by the concept of institutional capacity, its content can be most fully revealed only in a certain practical context, which also concerns the issue of the institutional capacity of the judicial system. \u0000It is determined that the institutional capacity of the judicial system of Ukraine is its ability to perform its functions effectively and transparently by ensuring the appropriate level of regulatory compliance, as well as structural, organizational, personnel and technical systems, processes and resources. \u0000The elements of the institutional capacity of the judicial system of Ukraine include its structural construction, legislative and regulatory support, financial resources, personnel support, organizational autonomy of courts and independence of judges, cooperation between judicial bodies and external relations, management systems and practices, leadership and judicial administration, training and maintaining the qualifications of both judges and court staff, judicial self-government, implementation of the latest techniques and technologies, etc.\u0000Conclusion. An institution with a sufficiently high level of institutional capacity will ensure the appropriate level of efficiency and effectiveness of its own activities. The institutional capacity of the judicial system of Ukraine includes a certain set of elements and features that ensure its effective operation and allow achieving the purpose of the existence of this institution.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"2016 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114659196","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Validity of property rental agreements during the martial state","authors":"Yehor Zavialov, Oleksandr Matsak","doi":"10.37634/efp.2023.7.13","DOIUrl":"https://doi.org/10.37634/efp.2023.7.13","url":null,"abstract":"After the beginning of the full-scale invasion of the Russian Federation, many Ukrainians were forced to seek happiness abroad, in other unoccupied territories of Ukraine. The paper analyzes the letter of the Chamber of Commerce and Industry dated February 28, 2022. The definition of martial law as circumstances of force majeure (circumstances of force majeure) is indicated. The issue of the validity of contracts that expired under martial law was also highlighted. Such contracts are the most problematic, since they expired during the period of martial law and it is not known what to do with them, whether they will be automatically extended. Amendments to the Civil Code of Ukraine were proposed, which specifically relate to the issue of extending the validity of real estate lease contracts during the period of martial law. The purpose of the paper is to highlight the problem of the validity of property lease contracts under martial law, to suggest ways to solve this situation. The paper also raised the issue of payment of contracts subject to limited use of the relevant property. Yes, because due to the war, a large number of Ukrainians are unable to use rented property or are very limited in its use. The corresponding norms of the Civil Code of Ukraine were noted, which provide that in such a case it will be necessary to reduce the amount of the corresponding rent. In case of impossibility of using such property due to objective circumstances, such lease is subject to cancellation. On this issue, an analogy was drawn with the times of the coronavirus pandemic, as well as the times of the Anti-Terrorist Operation. The relevant judicial practice of the cassation instance was also given, according to which the tenant must prove the existence of a cause-and-effect relationship between the impossibility of using the property and the force majeure circumstance. It was analyzed that the judicial practice on the issue of the need for a cause-and-effect relationship between the impossibility of using the property and the force majeure circumstance did not change with the beginning of the full-scale war and remained the same.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"263 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120890433","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Institutional principles of quality assurance in higher education","authors":"Maksym Skydan","doi":"10.37634/efp.2023.7.21","DOIUrl":"https://doi.org/10.37634/efp.2023.7.21","url":null,"abstract":"Higher education institutions both in Ukraine and in the world as a whole are under the influence of significant changes caused by exogenous and endogenous trends. The aim of the paper is to determine the essence and characteristics of institutionalism in ensuring the quality of higher education, based on the stakeholder approach in terms of the needs and motivations of stakeholders in the higher education sector. The article defines the essence of institutionalization of higher education quality assurance. It is emphasized that institutionalization involves the introduction of effective systems, structures and practices that allow the effective implementation of development goals at different levels in the context of the educational sector, as well as the achievement of development goals in the regional and national contexts. The need to comply with sectoral and cross-sectoral norms and quality assurance frameworks in the context of the institutional framework was emphasized. Emphasis is placed on the need to form a complex of institutionalism in the management of the higher education sector around the Bologna process. This study can be useful to specialized scientists and analysts of the educational sector, non-profit organizations in the field of higher education management, higher education institutions, state authorities, local authorities. Prospects for further research are an in-depth analysis of the factors influencing the institutionalism of higher education quality assurance in the context of European integration and adaptation to Ukrainian realities of international best practices.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"135 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126296637","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The state economic regulation in the neoliberal globalism era","authors":"Oleh Trofymchuk","doi":"10.37634/efp.2023.6.15","DOIUrl":"https://doi.org/10.37634/efp.2023.6.15","url":null,"abstract":"The paper shows the main causes, manifestations and particularities of the intensive globalization started in the second half of the twentieth century, which has had both objective and subjective aspects. It analyzes the subjective influence on the globalization made by the neoliberal ideology and the functioning of international actors. The work has outlined the main theoretical contradictions, myths and flaws in the current economic mainstream regarding the role and functions of the state in the economy and state economic regulation. The study reveals and statistically confirmed the main negative trends, processes and phenomena at the national and global levels in the era of the globalization caused by the neoliberal concept, such as: (1) growing income and wealth inequality at the global and national levels; (2) problems with using natural resources and environment; (3) uneven development among countries; (4) the growing negative influence of transnational capital; and (5) macroeconomic instability and hypertrophied development of the financial sector (financialization), etc. The study defines the main economic policy directions in order to eliminate the negative impact of neoliberal economic thought on socio-economic development. The paper also describes and evaluated the main scenarios for the further development of views on state economic regulation among scholars and state managers. It shows that the most likely scenario is the increasing of the role of state economic regulation. On the one hand, states can form rather aggressive policies with trade wars, protectionism, military and diplomatic conflicts, isolation, localizaion, etc. On the other hand, wanting to protect the interests of their societies, states can try to build a fair and inclusive global space, which would be the most beneficial development scenario for humanity. The work identifies the main challenges for state economic regulation caused by globalization and it also shows needed transformations: (1) increasing the level of subjectivity of the state as a bearer of the national interest, (2) ensuring the institutional foundations of inclusive global development based on the principles of equality, justice and transparency, (3) neutralizing the negative impact on national socio-economic security carried out by international actors.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116912912","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Development of the bank deposit insurance system in Ukraine","authors":"Andrii Habrelian, Oleksandr Bodnarchuk","doi":"10.37634/efp.2023.6.11","DOIUrl":"https://doi.org/10.37634/efp.2023.6.11","url":null,"abstract":"The paper examines the peculiarities of the formation and development of domestic bank deposit insurance systems.\u0000It has been established that one of the conditions for the normal operation of the banking system is the presence of appropriate systems to support their viability - bank deposit insurance systems. To date, such systems, with rare exceptions, function in most countries with a market economy. Bank deposit insurance systems perform two equal functions: first, they protect individuals and legal entities - clients of the banking system from the loss of their deposits (both partial and full) by paying insurance compensation; secondly, provide financial support to insolvent credit organizations, thereby stabilizing the banking system as a whole.\u0000It was established that the creation of the domestic insurance system of bank deposits was based on the American model with appropriate adaptation to domestic realities. Two main stages of the development of the system of protection of bank deposits in Ukraine are distinguished: 1. The nascent period (1998-2012). It is characterized by active legislative regulation of relations in the field of deposit insurance, practical experience is gained and its systematization is carried out, mistakes made are analyzed. 2. Stabilization period (2012 - to date). It is characterized by a comprehensive update of the legislative regulation of relations in the field of deposit insurance. Point changes are made to the current legal field taking into account crisis situations arising in the financial sphere of Ukraine. The domestic system of insurance of bank deposits provides citizens with the return of their funds placed in banks, in the event that the latter are unable to satisfy the demands of depositors regarding the return of their deposits.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115259272","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The tax policy of Ukraine within the framework of European integration processes","authors":"Viktoriia Roman, Yaroslava Slyvka, Pavlo Maslianka","doi":"10.37634/efp.2023.6.2","DOIUrl":"https://doi.org/10.37634/efp.2023.6.2","url":null,"abstract":"During the decades of integration of the domestic tax policy within the framework of integration processes, it was possible to achieve many positive results, however, the long struggle in the field of detinization of the economy, the reform of pension and insurance, land legislation, the conflict of interests in creating a favorable investment climate and protecting the interests of domestic enterprises every time indicates new vectors of further development tax policy of the state.\u0000The purpose of the paper is the analysis of the current tax policy of Ukraine within the framework of European integration processes, taking into account the influence of the state of war on the tax policy of Ukraine.\u0000The results. The tax policy of Ukraine within the framework of European integration processes is aimed at harmonizing the tax systems of EU member countries, which requires the development of mechanism for coordinating their changes, maintaining a balance of protecting national interests and implementing European taxation practices. An important aspect in this is bringing the level of taxation closer to EU requirements, in particular the expansion of the domestic property taxation base and the transformation of the indirect taxation system of Ukraine. Revision of the system and mechanism of tax benefits requires special attention, in particular, prevention of their illegal receipt and control of the effectiveness of implementation for the purpose of the domestic economy.\u0000The influence of martial law on tax policy led to a quick response to the introduction of a number of important regulatory innovations designed to reduce the fiscal burden on business and stimulate the development of small entrepreneurship.\u0000Prospects. Given the significance of the implementation of the Association Agreement with the UE, the creation of the stable regulatory and legal field is an urgent direction for the further development of Ukraine’s tax policy within the framework of European integration processes.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129219482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Information technologies in the personnel management system: approach to personnel management","authors":"Alla Vintoniak","doi":"10.37634/efp.2023.6.12","DOIUrl":"https://doi.org/10.37634/efp.2023.6.12","url":null,"abstract":"The paper highlights the concept of information technologies and the importance of their application in administrative management. The difference in definitions is characterized: information resources, information systems, information technologies. The peculiarities of the combination of information systems with the personnel management system are highlighted. It has been proven that various information technology tools are used in personnel management information systems, which contribute to the optimization and digitalization of various types of information resources. Some programs, tools and technologies used in personnel management information systems are described. The practical features of using HRIS software in the context of administrative management are considered. There are two types of HRIS systems that can be used by enterprises depending on their scale, form of management, financing, number of employees, etc. Cloud HRIS – Hosted off-premise and available online. Local HRIS systems are hosted on companies' own servers. Types of the most popular HRIS systems in Ukraine are given. A proprietary formula for the use of HRIS in a financial company is given.\u0000In general, the paper emphasizes the importance of introducing information technologies into the personnel management system for increasing the efficiency and optimizing the work of enterprises, financial companies, organizations, etc. She emphasizes the need to constantly update technological solutions and integrate them into the personnel management strategy in order to achieve success in the organization.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123944207","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Peculiarities of development of the machine-building sector’s enterprises of Ukraine","authors":"Iryna Yepifanova, Anhelina Pashkova","doi":"10.37634/efp.2023.6.7","DOIUrl":"https://doi.org/10.37634/efp.2023.6.7","url":null,"abstract":"The paper is devoted to the analysis of the current state and features of the development of enterprises in the machine-building industry of Ukraine. The purpose of the paper, based on the analysis of literary sources and statistical data, is to investigate the prospects for the development of the machine-building industry in Ukraine and to highlight the main factors affecting its development. The paper emphasizes the importance of the machine-building sector as a key branch of industry and the national economy as a whole, examines methods of research of enterprises in the machine-building sector, production and financial indicators of the industry, as well as problems and challenges faced by the business. In particular, the most important factors affecting the market situation of the machine-building sector in Ukraine, indicators of the efficiency of the use of production capacities, the role of the state and international cooperation in the development of the machine-building industry, as well as innovative and technological development will be considered. The experience of the development of the machine-building industry in other countries, in particular in Europe and Asia, was studied. The problems of the machine-building sector in Ukraine are revealed, namely: lack of a powerful market, lack of access to financing, low level of innovativeness and technological soundness of production, low level of qualification of the workforce. It was determined that the development of the machine-building sector requires a complex approach and decisive actions on the part of the state and enterprises. The need to develop and implement a strategy that will be aimed at increasing the efficiency of using and developing the potential of the machine-building sector of Ukraine and at creating high-tech products that will meet the requirements of international markets has been proven. This material will offer ways to solve the problems of enterprises in the machine-building industry of Ukraine, such as support for exports, innovations and scientific research, development of infrastructure and logistics, and improvement of employee qualifications.","PeriodicalId":112155,"journal":{"name":"Economics. Finances. Law","volume":"112 17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125999920","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}