Vol 10 No 41 (2021)

1771178I59

2

Periodicity Montly Since: 2012

EDITORIAL TEAM Editor Diego Felipe Arbeláez Campillo. Research Group Languages, Representations and Education, Universidad de la Amazonia.

(Colombia) Coeditor Magda Julissa Rojas Bahamón. Doctor Education and Environmental Culture, Surcolombiana University. Professor IE Jorge Eliécer Gaitán. Researcher recognized by the Ministry of Sciences of Colombia (Colombia) Editorial board Doctor Getman Anatolii P. Doctor of Legal Sciences, Professor, Rector of Yaroslav Mudryi National Law University.

PhD. Sergey V. Novikov Vyacheslavovich. Director of the Institute of Economics and Humanities of Engineering, Institute of Economics and Humanities of Engineering, Moscow Aviation Institute (National Research University), (Russia).

PhD. Danilyan Oleg G. Doctor of Philosophical Sciences. Professor, Head of the Department of Philosophy, Yaroslav Mudryi National Law University (Ukrania).

PhD. Tatsiy Vasyl Ya. Doctor of Legal Sciences. Professor, Rector`s advisor Yaroslav Mudryi National University of Law (Ukrania).

PhD. Nadiia Skliar. Ph.D. in Economics, Post-Doctoral Fellow. National Institute for Strategic Studies, Kуiv, Ukraine. Associate Professor of the Department of State and Legal Disciplines. Donetsk Law Institute, MIA of Ukraine, Kryvyi Rih, Ukraine.

PhD. Aleksandr Alekseevich Korostelev. Doctor of pedagogical sciences. Associate professor. Director of the Center of scientific journals Federal State Budget Educational Institution of Higher Education «Togliatti State University» (Russia). SPIN-код: 2796-5077.

Doctor Juan L. Manzano Kienzler. Doctor of Education Universidad Pedagógica Experimental Libertador (UPEL).

(Venezuela).

PhD. Osadchenko Inna Ivanоvna. Doctor of pedagogical sciences. Professor Department of pedagogy and educational management Uman State Pedagogical University named Pavlo Tychyna. (Ukrania).

Doctor Tetiana Faichuk. Potebnia Institute of Linguistics of the National Academy of Sciences of Ukraine. Kyiv. (Ukraine).

PhD. Popovych Ihor Stepanovych. Doctor of Psychological Sciences. Full Professor of Department General and Social Psychology, Kherson State University. Kherson. (Ukraine).

Nadia Figol. National Technical University of Ukraine Igor Sikorsky Kyiv Polytechnic Institute. Kyiv (Ukraine).

PhD. Lucelly Correa Cruz. Doctor Education and Environmental Culture Universidad of the Amazonia. Professor Universidad of the Amazonia. (Colombia).

PhD. Olga I. Vaganova. Minin Nizhny Novgorod State Pedagogical University (Russia).

PhD. Lillyam López Pino. Doctor Education. Universidad of the Amazonia. (Colombia).

Doctor Bell Manrique Losada. Doctor in Engineering. Universidad de Medellín. Professor Universidad de Medellín.

(Colombia).

PhD. Olga Vladimirovna Trischuk. Doctor of Social Communications. Professor Horizons of Printing. (Ukraine).

PhD. Reyber Parra. Doctor in Education. Universidad de Zulia. (Venezuela).

PhD. IS Pinkovetskaia. Ulyanovsk State University, Ulyanovsk. (Russia).

PhD. Eduardo Saguier. Ph.D. Washington University, St. Louis, Missouri (USA). (Argentina).

PhD. Ligia Terezinha Lopes Simonian. Universidad Federal del Pará. Belém. Professor Núcleo de Altos Estudos Amazónicos.

(Brazil).

Scientific Board Doctor Miguel Armando López Leyva. Director Instituto Investigaciones Sociales Universidad Autónoma de Mexico, UNAM, Mexico.

PhD. Georgina María Esther Aguirre Lora. Doctor of Pedagogy. President of the Mexican Society for the History of Education.

UNAM. (Mexico). ORCID Doctor Adelmar Santos de Araújo. Grupo de Pesquisa do Centro de Educação Popular e Pesquisas Econômicas e Sociais (CEPPES). História Contemporânea/Educação, Centro Universitário Uni-Araguaia. (Brazil) Doctor Joaquim Júlio Almeida Júnior. Doctor en Sistema de Cultivo. Coordinador del Centro de Investigación de Fitotecnia.

Profesor Titular en UniFIMES - Centro Universitario de Mineiros. Research Group UniFIMES – Centro Universitário de Mineiros.

(Brazil).

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Volume 9 - Issue 30 / June 2020

Doctor Clarimar José Coelho. Doutor em Engenharia Electrónica y Computación. Laboratório de Laboratorio de Computación Científica / Pontificia Universidad Católica de Goiás / UniEvangélica. Inteligencia artificial, reconocimiento de patrones, modelos matemáticos y computacionales, Laboratorio de Computación Científica / Pontificia Universidad Católica de Goiás / UniEvangélica.

(Brazil).

Doctor Ressiliane Ribeiro Prata-Alonso. Post-doctor Environmental Sciences. Centro Universitário Araguaia, researcher, professor, coordinator Extension. (Brazil).

Doctor Saura Soraia Chung. Professor at School of Physical Education and Sports. Research Group PULA Centro de Estudos Socioculturais. Universidad de São Paulo. (Brazil).

Doctor Darci Schnorrenberger. Universidade Federal de Santa. Doutorado em Gestão de Negócios. Professor Associado no Departamento de Ciências Contábeis. (Brazil).

Doctor Emil José Hernández – Ruz. Dr. Genetic and Molecular Biology. Universidade Federal do Pará, Altamira. Conservation Genetic and Amazonian diversity. (Brazil).

Doctora Priscilla Guedes Gambale. Faculdade de São Miguel do Iguaçu, Faesi, Paraná. (Brazil).

PhD. Zbigniew Kaźmierczyk. Department of History of Literature at the Institute of Polish Language and Literature at the University of Gdańsk. Associate professor. The head of the scientific and research Laboratory of Ethnogenetic Literature. (Poland).

PhD. Pablo Vommaro. Universidad de Buenos Aires, CONICET - CLACSO (Consejo Latinoamericano de Ciencias Sociales), (Argentina).

Beata Trojanowska. Kazimierz Wielki University. Dean of Education of the Faculty of Literature Study in Bydgoszcz. (Poland).

PhD. Luis Antonio García Gutiérrez. Doctor in Electronic Engineering Universite De Toulouse. Doctor in Electronic Engineering University of the Andes. Post-doctor LAAS-CNRS Electronic Engineering. Toulouse University. (Francia).

Ph.D. Carmen Beatriz Torres. Universidad Santo Tomas. (Colombia).

Dr. Jesica Arcangeli. Posgrado en Ciencias Biológicas. Departamento de Zoología, Instituto de Biología, Universidad Nacional Autónoma de Mexico. (Mexico).

Ph.D. Ademir Araujo da Costa. Universidad Federal do Rìo Grande do Norte. (Brazil).

Ph.D. Nyuara Araujo da Silva Mesquita. Universidade Federal de Goiás. (Brazil).

Ph.D. Paulo Moreira Pinto. Universidade Federal do Para. (Brazil) Ph.D. Marcio David Macedo Da Silva. Doctor of Social and Environmental Sciences, NAEA/UFPA - Nucleo de Altos estudios Amazónicos. (Brazil).

Ph.D. Rafael Gerardo Arce. Doctor en Humanidades y Artes con Mención en Literatura. Facultad de Humanidades y Artes.

Universidad Nacional de Rosario, Argentina.

PhD. Marianna Andreyevna Dudareva. Head of the Department of Literature of the Peoples of Russia and the CIS, Head of the Department publication policy and advertising of the Youth magazine. (Russia).

PhD. Olga Kiseleva. Ulyanovsk State University, Ulyanovsk (Russia).

Ph.D. Carlos Angel Arboleda Mora. Fundación Universitaria Católica del Norte. (Colombia).

PhD. Pablo Martínez Calleja. Universidad Leuphana Lüenburg. (Alemania).

M.Sc. Juan de Dios Rodríguez. Decano Universidad Pedagógica y Tecnológica de Colombia (Colombia) PhD. Isabel Contreras. Universidad Iberoamericana. (México).

PhD. Ana Cristina Rocha Silva. Phd. Desenvolvimento Socioambiental del PPGDSTU/NAEA/UFPA and professor UNIFAP (Universidad Federal del Amapa). (Brazil).

PhD. Gian Carlo Delgado Ramos. Doctor en Ciencias Ambientales, Universidad Autónoma de Barcelona. Universidad Nacional Autónoma de México (UNAM), México.

PhD. Nelson Ernesto López. Director Doctorado en Educación y Cultura Ambiental, Universidad Surcolombiana, Colombia.

PhD. Cleofé Alvites-Huamani. Directora Doctorado en Educación Universidad César Vallejo. (Perú).

PhD. John Alexander Rojas Montero. Universidad Pedagógica Nacional. (Colombia).

PhD. Alfredo Olaya. Doctor in Hydraulic Engineering. Professor Universidad Surcolombiana. (Colombia).

Ph.D. Denise Machado Cardoso. Federal University of Para. (Brazil) Ph.D. Luz Stella Cañón Cueca. Secretaría de Educación de Bogotá. (Colombia).

M.Sc. Libardo Motta. Master in Natural and Exact Sciences. Universidad Nacional de Colombia. (Colombia).

Lic. Kelly Rebeca Infante Díaz. Licenciada en Bibliotecología, Fundación Instituto de Estudios Avanzados – IDEA. (Venezuela).

PhD. Daniela S. Veas Iniesta. Postgraduate student. Institute of Engineering Economics and Humanities. Moscow Aviation Institute (National Research University), Moscow. (Russia).

PhD. Fredy Alexis Rivera Angel. Doctorando en Ciencias. Desarrollo Socioambiental en el NAEA de la Universidad Federal de Pará. NAEA Universidad Federal de Pará. (Brazil).

Miguel Angel Alcalde. Magíster en Biotecnología. Universidad de Barcelona (España) Sergio Daniel Cubides Cubillos. Doutorando no Programa Interunidades em Biotecnologia (IPT/USP/Instituto Butantan).

Universidade de São Paulo, Instituto de Ciências Biomédicas - SP, (Brazil) PhD. Angela Maria Alvarez Gómez. Post-Doctoral fellow Centre of Excellence in New Target Discovery, Butantan Institute, Sao Paulo. (Brazil).

Marcia Cristina Santana. Zootechnist - UFV Master in Nutrition and Ruminant Production - UFV Doctor in Nutrition and Animal Feed. UNESP Professora de Zootecnia IFGoiano. (Brazil).

PhD. Martha Cecilia Arbelaéz Gómez. Doctor Psicología de la Educación. Universidad Tecnológica de Pereira.

Dr. Yan Kapranov. Doctor of Philological Sciences, Associate Professor at Kyiv National Linguistic University (Kyiv, Ukraine).

The content of published articles and reviews is the responsibility of the authors and does not reflect the point of view or opinion of the editors or the Universidad de la Amazonia of Colombia.

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4

CONTENIDO Editorial Igor Tsependa, Olena Budnyk…………………………………………………………………………………………………………..……6

Neo-Latin

poetry

of

Ukraine:

literary

and

stylistic

syncretism

Mariia Lastovets, Valentyna Myronova, Oksana Koshchii, Nataliia Korolova ……………………………….…10

Online practicum and teacher efficacy: correlation, challenges, and lessons arising from Covid-19 pandemic David Wafula Waswa, Suleyman Celik………………………………………………………………………………………………….. 19 Aspects of digitalization of the management system in the course of implementation of housing investment and housing projects Arkadij Larionov…………………………………………………………………………………………………………………… 30 Сomponents in Russian culinaronyms: combination of culinary and language (From material of headlines of culinary journals) Ngoc Son Phan, V.M. Shaklein…………………………………………………………………………………………………… 43 Legal aspects of the cryptoassets market and its possible threats to the national security of Ukraine and Poland Svitlana Oleksiivna Kostenko, Vitalii Ananijovych Strilchuk, Roman Fedorovych Chernysh, Anna Josypivna Buchynska, Andrii Volodymyrovych Fedoronchuk……………………………………………………………………………. 53

Modern demands of education quality management in a higher education institution Serhii Dieniezhnikov, Liubov Pshenychna, Dmitro Kozlov, Olena Kozlova…………………………………………….…..65 The strange case of Fyodor Dostoevsky and Robert Stevenson in the Victorian Age: A protest against the depersonalization Alexander Kondratiev, Olesуa Rudneva, Andrew Tolstenko……………………………………………………..74 Research of relationship of functional-role positions (ego-states) with indicators of future specialists’ independence Ihor Popovych, Mariia Pavliuk, Nelya Sirant, Igor Zhigarenko, Oksana Serhieienkova…………………………………85 Argumentación en educación matemática: elementos para el diseño de estudios desde la revisión bibliográfica Wilmer Ríos-Cuesta……………………………………………………………………………………………………………...… 96 Combating political crimes committed by members of informal youth groups Mikhail Larkin, Viktor Boiarov, Volodymyr Buha, Ivan Kubariev, Yuliia Loboda………………………………………………………………………………………………………………………..…… 106

Features

of

disciplinary

liability

of

police

officers

Lidija Kalenichenko, Dmytro Slynko, Andrii Sobakar, Valentyna Goncharuk…………………………………………….114

Austrian

and

Russian

constitutionalism:

comprehensive

analysis

Alexander A. Gogin, Anna N. Fedorova, Ramil F. Vagapov, Alexey V. Sergeev…………………………………………..121

Criminological and forensic characteristics of forms of embezzlement committed through the use of information technology Mykhailo Dumchikov, Oleksandr Yunin, Nataliia Nestor, Andrii Borko, Oleksandr Yermenchuk………………………131 Features of the initial stage of investigating fraud with financial resources in cyberspace Oleg Reznik, Andrii Fomenko, Andrii Melnychenko, Natalia Pavlova, Andrii Prozorov………………………………..141 Cultural and aesthetic development of elementary school students in environmental education as a current pedagogical problem Irina Aryabkina, Tatiana Kudashova, Alexander Bulynin, Fatima Aliphanova, Elena Silantyeva……………………...151 International experience of public-private partnership in agriculture Tetiana Kolomoiets, Natalia Galitsina, Anna Sharaia, Viktoriia Kachuriner, Olga Danylenko………………………...160 Green finance incentives: An empirical study of the Pakistan banking sector Fakhr E Alam Afridi, Shahid Jan, Bushra Ayaz, Muhammad Irfan…………………………………………………………169 Strategy for increasing the competitiveness of the Russian company in the global satellite communications market Natalia V. Komarova, Sergey I. Slav…………………………………………………………………………………………… 177 Teacher education program supporting critical thinking skills: a case of primary school teachers Sevgi Celik………………………………………………………………………………………………………………………… 188 Constitutional guarantees of the right to work due to the COVID-19 pandemic Yuliia Chupryna, Alina Murtishcheva, Danylo Kravtsov, Olena Poproshaieva, Kateryna Zakomorna………………199

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Volume 10 - Issue 41 / May 2021

Local

self-government

in

public

and

private

law:

latest

experience

Boris Perezhniak, Alina Hryshchuk, Iryna Menso, Kristina Strukova, Arkadii Nazarko………………………………..211

Protection

of

intellectual

property

rights

on

the

Internet:

new

challenges

Olesia Kharchenko; Olha Kronda; Inha Kryvosheyina, Kostiantyn Zerov………………………………………………...224

Extent of mastering Twenty-First-Century E-Learning competencies among Prince Sattam Bin Abdulaziz University Staff Majed Al-Sharidah……………………………………………………………………………………………………………….. 237 Humedal Bruselas de Florencia Caquetá como ecosistema estratégico de la región Surcolombiana Magda Julissa Rojas-Bahamón, Silvana G. Ruales Benavides, Diego Felipe Arbeláez-Campillo…………………250 Phenomenon of effective interethnic interaction as an object of interdisciplinary research Marina N. Kunovski, Natalya V. Pomortseva………………………………………………………………………………… 267

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Tsependa, I., Budnyk, O. / Volume 10 - Issue 41: 6-9 / May, 2021

6

DOI: https://doi.org/10.34069/AI/2021.41.05.0

Editorial Mission and strategy of a modern university development in the conditions of digitalization Written by: Igor Tsependa https://orcid.org/0000-0003-2926-8935 Doctor of Political Science, Professor, Rector of Vasyl Stefanyk Precarpathian National University, Ukraine.

Olena Budnyk https://orcid.org/0000-0002-5764-6748 Doctor of Pedagogical Sciences, Professor of Vasyl Stefanyk Precarpathian National University, Ukraine.

The current pace of technology development determines large-scale changes in the organization of the education system in different countries.

University 2030 is a base of innovative ideas and commercialization; ecosystem of students, teachers, graduates, stakeholders, community, on the basis of which future specialists are trained for effective professional self-realization.

In the context of the World Economic Forum, the academic community must play a key role in the development and implementation of innovation, digital technologies, etc. “The 2030 Agenda for Sustainable Development sets out a 17 Global Goals (SDGs) to facilitate equal, sustainable and inclusive growth across the world, while promoting peace” (World Economic Forum), among them a leading role belongs to “ensuring inclusive and equitable quality education and promote lifelong learning opportunities for all”.

(United Nations). The contribution of universities today is in scientific partnership to achieve global goals in economic development, technology, digitalization, environmental protection, etc.

The mission of the innovative university: education, science, región Vasyl Stefanyk Precarpathian National University (Ukraine) maintains close ties to many academic and educational institutions in the world (more than 50); including the United States, Asia and the EU. The University implements 11 no tuition fee dual Master’s degree programs with leading universities in the Republic of Poland.

Vasyl Stefanyk Precarpathian National University has

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considerable experience in project implementation. Within the framework of the European program Erasmus + KA2, Vasyl Stefanyk Precarpathian National University received grant funds for 5 projects. For example, in the project MoPED – “Modernization of Pedagogical Higher Education by Innovative Teaching Instruments” for the first time in Ukraine, the university took initiative as a grantholder. Within the framework of the European program Erasmus + KA1, the University implements 9 programs of academic mobility of students and teachers, focused on internationalization and cooperation “without borders”. In addition, there are 23 training and research centers, the International Research Center “Observatory”, the National Contact Point of EU programs Horizon – 2020 in the field of “Nanotechnology, modern materials and advanced modern production”, Science Park “Precarpathian University”, Botanical Garden, Arboretum “Friendship”, Scientific Library, 2 interdepartmental laboratories, 10 scientific laboratories. Successfully realized projects of international importance – State Investment Project “Construction of the International Center for Meetings of Student Youth from Ukraine and the Republic of Poland (Mykulychyn, IvanoFrankivsk region)” and the project “International Research Center “Observatory” on Mount Pip Ivan” (Pip Ivan, Chornohora Ridge, Carpathians) – are funded from EU grants. After all, an innovative university today must make full use of grant funds as additional funding for social projects, charitable programs, improving the material and technical base, conducting research, infrastructure development, training or retraining of research and pedagogical staff and so on.

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Volume 10 - Issue 41 / May 2021

Successful implementation of international projects also creates a solid basis for continued cooperation with partners or organizations, which has a positive impact on the development strategy of the university (Tsependa, 2020).

According to updated official data published on the Scimago Institutions Rankings website, in 2021 Vasyl Stefanyk Precarpathian National University took the first place in the Scimago global ranking among higher education institutions and research institutions of Ukraine and was included in the list of Top 200 Universities of Central and Eastern Europe.

The University is a member of international consortia: a member of the European Association of Universities (2010); a member of the consortium of Warsaw and Ukrainian universities (2006); a member of the University Consortium International (2015); a member of the University Consortium of the Baltic region and Ukraine (2015); a member of the International University Society “One Belt, One Road” (2016); a member of the Magna Charta Universitatum (2018). Joint research and partnership exchange of teachers is actively carried out within the consortium Collegium Carpathicum, which includes seven higher education institutions in Europe – Vasyl Stefanyk Precarpathian National University (Ukraine), University of Warsaw (Republic of Poland), University of Ostrava (Czech Republic), Pázmány Péter Catholic University (Hungary), the East European State Higher School in Przemyśl (Republic of Poland), University of Prešov (Slovakia) and Stefan cel Mare University in Suceava (Romania).

The University focuses its activities on defining and implementing educational and scientific standards; on generating changes in specialist training necessary for the region, country and the world; to develop the personality – the conveyor of intellectual and innovative potential of science and practice.

The mission of the innovative university: 

 

education – the provision of quality educational services aimed at training highly professional specialists most in demand in the world labor market; science – the formation of a modern research university – a center for generating innovative ideas and their implementation; region – directing educational and scientific potential to the development and strengthening of the region.

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Vasyl Stefanyk Precarpathian National University trains professionals in 7 specialties of Junior Bachelor’s degree, 82 educational programs of Bachelor’s degree, 70 Master’s degree programs, 25 PhD programs, 18 ScD programs, conducts effective research and innovation activities. Over 140,000 specialists have been trained in the higher education institution during the whole period of its activity.

Today, the university has 77 departments, 174 doctors of science, professors.

May 14, 2021 marked the 150th anniversary of the birth of the patron of the University – a prominent Ukrainian writer, innovator of modernist writing techniques, novelist, humanist and educator Vasyl Semenovych Stefanyk. The researchers of the Precarpathian National University have united around the celebration of this Jubilee and in cooperation with foreign partners are actively working on implementing new creative ideas, promotion of the best educational practices increasing the image of the global academic community.

The impact of digitalization and globalization on the development of leading universities Digitalization has largely affected universities, demanding to respond to challenges and design strategic directions for development.

It is also about the use of innovative digital tools in the university educational process, the transition to new, digital learning models. The study of the best world experience shows that the digitalization of university education provides the following areas: Digitization of internal university processes / services: updating the technical support of the educational process, creating electronic document management, e-library and systematic filling of its repository, monitoring university teachers’ publishing activity and creating platforms for distance learning, non-formal education online for researchers and educators, ensuring the functioning of digital campuses (for example, the US experience), the use of video conferencing platforms for webinars, conferences with foreign partners, the implementation of international projects and grant programs, etc.

Creating a digital marketing system to ensure proper interaction of the University with all participants of the educational and scientific process, stakeholders, graduates, applicants, NGOs, as well as systematic monitoring of the

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8 university image, innovation and creation of new digital communities and others.

Using the platform for effective interaction in the digital space with applicants and students: educational analytics and feedback to identify learning outcomes, rankings, feedback on the quality of educational services and update educational and professional programs.

2.

3.

4.

Globalization in education creates opportunities for distance learning and getting higher education in the world's leading universities. In our opinion, there are real threats for those teachers who do not work on the introduction of innovative technologies in teaching; and for entire universities that do not have a strong strategy for mobility and competitiveness in the quality training of qualified professionals most in demand in the labor market.

Clayton Christensen, a Professor at Harvard Business School, is convinced that “a bleak future awaits thousands of educational institutions, especially in the developed world, which will be “undermined” by the revolutionary educational innovations of distance learning, due to the growing popularity of “mass open online courses”. According to him, by 2030, half of American universities may have been made bankrupt” (Danylyshyn, 2016). After all, many companies, centers, educational platforms today offer multinational technology programs, which are a great competition and challenge for universities, taking into account a large number of short-term, free / cheap and innovative courses for students. In addition, these training programs provide licenses and free educational services, as well as strong support online and offline (Arbeláez-Campillo, & Rojas-Bahamón, 2021, pp. 8-9). Therefore, it is extremely important to respond in time to global challenges, adapt to changes and refocus on providing quality educational services to train highly qualified professionals of the most necessary and prestigious professions of the future. It is high time to develop educational programs for the training of such specialists in accordance with market demands and trends of the industrial revolution, their accreditation by professional associations and independent experts.

Strategic targets development: 1.

of

modern

University

Comprehensive development of human capital to ensure the social and economic upturn of our country.

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5.

6.

Creating conditions for the formation of high-minded; patriotic; educated personalities; capable of making a significant contribution to the future of Ukraine.

Formation of highly qualified professionals using organic combination of educational; scientific and innovative activities on the basis of academic integrity.

Creation of a strong research base at the university as a center of innovation generation; not only in Ukraine but in the whole world.

Development of international cooperation with various organizations in the field of education, science, culture and sports.

Formation of an innovative corporate culture of quality; development and cooperation of employees, students and graduates of the University on the basis of social responsibility (Tsependa, 2020).

Thus, the progress of science and technology is one of the reasons for the strengthening of requirements for new teaching methods (distance learning), variability of educational programs, academic mobility of students and professors from different countries or continents.

Today, the University must become a competitive educational and research center of international level, because it combines: training, development, personal and professional growth of members of the university community; base for basic and applied experimental research; platform of social formation of future specialists; business incubators; quality lifelong learning and partnership at the regional, national and international levels for the implementation of the concept of sustainable development in the context of globalization, digitalization and technology development.

Bibliographic references Arbeláez-Campillo, D. F., & Rojas-Bahamón, M. J.

(2021). Retos y desafíos de las universidades 2020-2030. Amazonia Investiga, 10(38), 7-10.

Recovered from https://amazoniainvestiga.info/index.php/amazo nia/article/view/1563 Danylyshyn, B. (2016). Challenges for modern Ukrainian education. Radio Liberty. Recovered from https://www.radiosvoboda.org/a/28027345.html Tsependa, I. Ye. (2020). Development Strategy of State Higher Education Institution “Vasyl Stefanyk Precarpathian National University” for 2020-2025.

Recovered from

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Volume 10 - Issue 41 / May 2021

https://pnu.edu.ua/wpcontent/uploads/2020/04/%D0%A1%D0%A0% D0%90%D0%A2%D0%95%D0%93%D0%86 %D0%AF%D0%B0%D0%BD%D0%B3%D0%BB.%D0 %B2%D0%B0%D1%80.pdf United Nations. (2015). Transforming our world: the 2030 Agenda for Sustainable Development.

Recovered from

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https://sdgs.un.org/publications/transformingour-world-2030-agenda-sustainabledevelopment-17981 World Economic Forum (2020) 2030Vision – partnering together to scale technologies for the global goals.

Recovered from https://es.weforum.org/projects/frontier-2030

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Lastovets, M., Myronova, V., Koshchii, O., Korolova, N. / Volume 10 - Issue 41: 10-18 / May, 2021

10

DOI: https://doi.org/10.34069/AI/2021.41.05.1

Neo-Latin poetry of Ukraine: literary and stylistic syncretism Українська неолатинська поезія: художньо-стилістичний синкретизм Received: March 28, 2021

Accepted: May 18, 2021

Written by: Mariia Lastovets1 https://orcid.org/0000-0003-4535-4518 Valentyna Myronova2 https://orcid.org/0000-0002-7190-335X Oksana Koshchii3 https://orcid.org/0000-0001-7764-6684 Nataliia Korolova4 https://orcid.org/0000-0001-5014-5302 Abstract

Анотація

The article considers the literary and stylistic peculiarities of Neo-Latin poetry in seventeenth to eighteenth-century Ukraine. Latin poetry of that time is marked by variability and diversity of genres, for it logically continued the classical traditions and at the same time was influenced by the aesthetics and poetics of the Baroque due to the interlingual contacts. The Latin language was supposed to be the main criterion of the high style in a poetry. As for the genre peculiarities, NeoLatin poetry tended to panegyrics as the literature "fashion" of that epoch, when the poets expressed their gratitude and admiration to the philanthropists, whereas the elegic poems were the part of poetic courses to illustrate the genre.

It explains the freedom and fantazy which are present in panegyric poetry and classical canon which served for writing elegies. The period of the seventeenth to the eighteenth century was an absolutely disparate one in both the political and social life of Ukraine. Rapid development of events, dramatically changing realia and values shaped very special attitudes to life with the contemporaries, in particular with Kyiv intellectual poets who wrote a significant number of works in Latin. Analysis of these works enables to characterize the development of the Latin language in Ukraine and consider NeoLatin poetry of Ukraine as a part of the Western European literary and language unity.

У статті розглядаються художні та стилістичні особливості неолатинської поезії в Україні періоду кін. XVII-поч. XVIII століття. Тогочасна латинськомовна поезія позначена різножанровістю та варіативністю, оскільки латинська мова, з одного боку, логічно наслідувала класичні взірці, а з іншого – внаслідок міжмовних контактів не була позбавлена модифікацій і зазнавала впливу естетики і поетики бароко. Латинська мова вважалася головним критерієм високого стилю написання поетичних творів. За своєю жанровою специфікою тогочасна неолатинська поезія, чимало текстів якої належать до елегійного жанру, тяжіла до панегіричності, яка відповідала тогочасним літературним смакам. Складання панегіриків було літературною "модою" тієї доби, коли автори висловлювали свою вдячність і прихильність меценатам, у той час як зразки елегійної поезії вміщувалися у поетичних курсах і служили авторською ілюстрацією жанру. Цим пояснюється творча свобода і фантазія, наявні у панегіриках, та класичний канон, якого дотримувались у написанні елегійних творів. Період XVII– XVIII ст. є чи не найбільш строкатим як в політичному, так і в суспільному житті України. Стрімкий розвиток подій, зміна життєвих реалій та цінностей створили особливий світогляд тогочасної людини, зокрема, київських поетів-

1

Ph.D. in Philology, Taras Shevchenko National University of Kyiv, Department of Preparatory, Ukraine.

Ph.D. in Philology, Associate Professor, Taras Shevchenko National University of Kyiv, Institute of Philology, Department of General Linguistics, Classical Philology and Neohellenistic Studies, Ukraine.

3 Ph.D. in Philology, Associate Professor, Taras Shevchenko National University of Kyiv, Institute of Philology, Department of General Linguistics, Classical Philology and Neohellenistic Studies, Ukraine.

4 Ph.D. in Philology, Associate Professor, Taras Shevchenko National University of Kyiv, Institute of Philology, Department of General Linguistics, Classical Philology and Neohellenistic Studies, Ukraine.

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Keywords: elegy, Neo-Latin poetry, panegyric, the Baroque literature, the Latin language.

інтелектуалів, перу яких належить значний масив творів, написаних латинською мовою. Залучення цих творів у науковий обіг дає можливість створити цілісну картину розвитку латинської мови на теренах України, а також долучити українську латинськомовну поезію до світового літературного й мовного простору. Ключові слова: латинська мова, неолатинська поезія, українське літературне бароко, панегірик, елегія.

Introduction The development of Neo-Latin poetry in seventeenth to eighteenth-century Ukraine was influenced by the complex of factors, predominantly by education. Contamination of Latin and Slavic elements determined the specific features of Ukrainian humanitary science and phenomenon of Neo-Latin poetry in Ukraine as an integral part of European NeoLatin literature. Writing the language which almost fell into disuse in Western Europe could be of interest to the scholars of Slavic literatures.

The aesthetic system, dominating in that time literature, was the Baroque. Ukrainian poets adopted Polish literature traditions and brought them to the ethnic ground (Sofronova, 1982: 48).

The term "baroque" was well developed in humanitary science and used as the synonym for the "absurd" and "grotesque" before the nineteenth century (Chyzhevskyi, 1956:65).

There are three definitions of this term in modern science: 1) an artistic style, dominated in a period between the Mannerism and the Rococo; 2) historical period in Western Europe of the seventeenth and the beginning of the eighteenth century; 3) the pieces of art created in different time but having common artistic features and characterized by rapid movement and deep emotions (Wölfflin, 2004: 54-56). The Baroque influence on the theory of versification is marked on such genres as carmen curiosum and carmen figuratum, emblems, symbols, hieroglyphs and enigmas. It was the epoch of etiquette poetry and panegyrics in particular. The review of literary works of the seventeenth to the eighteenth century demonstrates that panegyric prevailed over the other genres of Latin poetry in Ukraine.

The theoretical principles of Neo-Latin poetry in Ukraine were stated in the poetic and rhetorical courses: the poetic courses played a significant role in formation of the new poetic and dramaturgical genres, particularly their practical part, where the theoretical precepts and practical

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guidance were considered according to these genres and the exercises were supported with pictures and examples (Nalyvaiko, 1987: 68). A notable feature of these poetic courses is the use of the Latin language to represent the didactic materials; theoretical development of Slavic syllabic versification; illustration of theoretical statements by author's poetic works. The texts of Latin poems in Ukraine in the seventeenth to the eighteenth century, which are found in the poetic and rhetoric manuscripts, tend to Italian and Polish samples. It resulted in "artificial" nature of Ukrainian poetry written in Latin for it was not the mother tongue for Ukrainian poets, but was the only condition to become a part of Western European intellectual space. It should be also mentioned the didactic reason for writing poems in Latin, so the poet's personality took the second place, and following the classical samples they lost their individuality.

The mental world of Ukrainian poet writing in Latin is characterized by the coexistence and correlation of the opposite worldview landmarks: the secular and spiritual, Latin and Ukrainian, antique and christian. Such a worldview syncretism reflects the Baroque philosophical principle, implied in antithesis of reality. The fact that most of poets were ordained explains the specific style of Latin poetry in Ukraine (Krymsky, 2004: 26). On the one hand the authors followed the antique classical samples but on the other hand they tried to depict the reality of that time in a special artistic manner and sense content as well. Hence, there is a bizzare combination of religious and antique motives in the Baroque form.

Literature Review The phenomenon of Neo-Latin poetry received a proper attention and was the object of studies in different aspects (grammatical, lexical, generic, stylistic and literary) by such scholars as

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12 D. Chyzhevskyi (1956; 2003), O. Koshchii (2011), R. Mayer and J. Adams (1999), V. Masliuk (1983), D. Nalyvaiko (1981; 1987), V. Shevchuk (2004), V. Shevchuk and V. Yaremenko (2006), M. Trofymuk (2014), L. Shevchenko-Savchynska (2011) etc.

Among the recent researches concerning the Neo-Latin literature and its genres was the monograph by L. Houghton, G. Manuwald and L. Nicholas (2020) who edited the anthology of Neo-Latin poetry as well as prose, recorded in Western Europe; the thorough analysis of NeoLatin poetry in its cultural specifics and variety of genres was given in essays by V. Moul (2016; 2017); the particular Neo-Latin genres, such as epigram, was studied by S. Beer, K. Enenkel, and D. Rijser (2009); Ph. Ford and A. Taylor developed the investigations of pastoral genre in Neo-Latin literature (2007). Among the scholars who contributed a lot to the Neo-Latin studies of Ukraine is G. Siedina (2007; 2012; 2015) and whose papers concern the analysis of epic, lyric and panegyric poetry in Ukraine recorded in the Latin language.

In Ukraine the studies of Neo-Latin poetry are based upon the analysis of the manuscripts of poetic courses which are the main source of Latin texts. We cannot mention the impact V. Masliuk who described most of these courses and translated the lion’s share of poetic texts from Latin (1983). Nevertheless, the major part of the Neo-Latin researches focuses on the particular aspects and genres of verse. Thus, the etiquette poetry was the subject of interest for L. Shevchenko-Savchynska (2011); O. Tsyhanok studied the funeral writings in poetic manuscripts (2014); the complex and thorough review of Neo-Latin literature and its genres in Ukraine was performed by M. Trofymuk (2014). The latest Ukrainian researches are devoted to the study of lexical peculiarities of Neo-Latin poetry.

In their studies V. Myronova, N. Korolova and O. Koshchii as contributed to the analysis of the phenomenon of lexical eclecticism in Ukrainian verse recorded in Latin (2019).

Methodology and Material The method of linguo-stylistic analysis is used to reveal the phonetic, lexical, semantic, rhetorical, stylistic and syntactic peculiarities of poetry. The cultural interpretation of the language phenomena is applied to study the functioning of the Latin language as an integral structure of ethnic and cultural continuum of Eastern Europe.

The method of contextual interpretation is used as well to observe the word in poetic text.

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The topicality of the research resulted from the necessity to analyze the literary language and style of the texts which represent the cultural epochs in chronological distance; to conceptualize the phenomenon of the Latin Literary Baroque in Ukrainian poetry and reveal the textual innovations; to define the place of Ukrainian Neo-Latin poetry in the system of genres of Ukrainian and Western European literature.

The purpose of the article is to analyze the language and stylistic features of Neo-Latin poetry in seventeenth to eighteenth-century Ukraine. The scientific novelty is determined by systemic analysis of the style, topicality, literary devices and rhetorical figures in poetic works of the epoch, which influenced the moral and aesthetic norms of the poetic art of that time.

The object of the study is Neo-Latin poetry in seventeenth to eighteenth-century Ukraine in its genre diversity. The subject of the paper is the literary and stylistic peculiarities of poetic works of that period.

Results and Discussion Use of phonetic repetitions to enhance the expressiveness of textual sounding Alliteration is the use of the same consonants in one fragment of text. It is often present in poetic works to make an aesthetic or sound effect.

Poetry tends to declamation so that alliteration aims to the sound perception of a poem. It makes the rhythm or serves as musical accompaniment.

Ukrainian poets preferred this device for creating the melody of the verse. Thus, in Feofan Prokopovych's poem "Laudatio Borysthenis" (1743), written in hexametre, alliteration brings the rhythmic and expressive sounding to the text.

The pairs of sounds of the same articulation with voiced and voiceless variants are the most repeated: d-t/b-p: Materiam templis et magnis aedibus aptam. /Adde, quod instructas numeroso milite naves; The same pairs of sounds are alliterated in other poems by Feofan Prokopovych: Probrosa posthac in trabe nudus obit - "Elegia paraenetica ad discipulum de servanda vitae integritate" (1744); Tangere quis portum me potuisse putet? - "Elegia in qua Divus Alexius spontanei sui exsilii seriem narrat" (1786). In the poem of Ilarion Yaroshevytskyi "Cupido seu amor alatus" (1702), the author prefers the alliteration of sonorants and voiceless s: Nox nemorem nemorosa placet quia sidera quero/Sidera spectari nonnis nocte queror.

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Homeoteleuton and homeoptoton are two kinds of final sound repetitions, which enhance the expressiveness of textual sounding. The first device is defined by the similarity of endings, and the second one by the similarity of case endings.

Both figures are used quite seldom. For example, at Feofan Prokopovych: Nos retinent tacitae tranquilla silentia cellae, /Aut silvae umbrosae pacificumque nemus (We are attracted by the peaceful silence of the tacit cell, Or calm grove of the shadow forest) (Compar. 15); and at Stefan Yavorskyi: O DEUS, o pater, o summae charitatis abyssus, /O pietatis fons, o bonitatis apex (Oh God, oh father, or abyss of supreme charity, / The source of grace, the apex of piety) (Eleg. 15).

Lexical repetitions to enhance emotional expressiveness The lexical repetition in one textual fragment or in a sentence was widely used by Ukrainian poets. It was to enhance the most important lexical unit of the abstract to emphasize the emotional expressiveness. It was determined and classified the following types of repetitions according to their frequency. The most productive parts of speech were pronouns, adverbs and conjunctions. Repetitions of pronouns: Hoc opus, hoc facinus, raram hanc in carmine laudem (This act, this deed, this glory in a song); repetitions of adverbs: Hic sobriae mentes, hic manet alta quies (Here are the sober thoughts, here is a great peace ); repetitions of conjunctions: Vel fuge vel virgas experiere meas (Or run away, or feel my birch); repetitions of nouns: Terra Dei est, dici terra aliena potest (If it might be said that God's land is foreign); repetitions of adjectives: Maxima cum fecit, maxima passus erat (When he's done a lot, he's much born); repetitions of numerals: Mille cadaverei campis spectantur acervi, / Funera mille patent (Thousands of dead are seen in the fields, thousands of corpses're laying down); repetitions of particles: Non ea mens nostri est; non haec sunt pectora regis" (Not that is our thought, not that is the king's heart); mixed repetitions: Nunc tibi sum vilis, nunc ex tibi Barbara Mater/ Barbara nec mater, nec tibi vilis eram" (You don't need me any more, and my mother is strange for you now. But my mother was not strange for you and you needed me).

Anaphora is another kind of lexical repetition at the beginning of a few canonic fragments of literary text that follow each other. It was one of the most preferred devices of a folk heroic epos and song. In Neo-Latin poetry of Ukraine anaphora was used by poets to accentuate the

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most sufficient parts of the text, though its use cannot be considered as typical. A large number of examples with anaphora are found at "Epinicum sive carmen triumphale de eadem victoria nobilissima" (1743) by Feofan Prokopovych: Audiet haec gemino positus sub cardine mundus,/Audiet, et trepido curas in pectore volvet:/Cuncti te socium, cuncti tua faedera poscent,/Cuncti Rossiacum martem irritare timebunt (All the world will hear that,/Will hear and keep the fear in a frightened hear./All will ask for your friendship and union with you,/All will be afraid of bothering Russian Mars) (Epinic., 157-160). The single examples of the verbal anaphora are present in other NeoLatin poems of Ukraine. At "Comparatio vitae monasticae cum civilі" (1743) by Feofan Prokopovych the anaphora serves for expressing antithesis based on the change of endings: Flemus, ut aeterna mereamur gaudia vitae;/ Fletis, quod laeti praeteriere dies (We cry for being worthy of eternal delights of life ;/You cry for all the days of happiness have gone) (Compar., 40-41). Ilarion Yaroshevytskyi in the poem "Cupido seu amor alatus" uses anaphora in imperative sentece to make it more emotional: Sume meas tallas quibus otia temporis arcus/Sume pharetratae specula more Deae (Take my bow for the time of rest,/Take my arrows by custom of goddess with the quiver) (Cupid., fol.

99).

The opposite stylistic device is epihora. It is expressed by repetition of the final canonical fragments of text. We have found only two examples of epiphora in poetic texts: at "Descriptiuncula Kijoviae" (1744) by Feofan Prokopovych and at "Possesoris horum librorum luctuosum vale" by Stefan Yavorskyi. It also serves for emotional emphasizing in the final part of the text when the poet, predicting his death, speaks the last word to his library: Vos autem, mea scripta tomique librique, valete,/Parta labore meo bibliotheca, vale!/Terricolaeque omnes fratresque, valete,/Tu quoque, cara parеns,hospita terra, vale! (You, my writings and books, goodbye,/My library, the result of my work, goodbye!/All inhabitants and of this world and brothers, goodbye,/And you, my lovely mother, a hospitable land, goodbye!) (Eleg., 3336). It is observed the use of the chain epiphora in these lines. The author develops his idea from the concrete to the general concepts: firstly, he says goodbye to the books and then to the library.

In the second lines, he says goodbye to the people and then to the whole world.

At Stefan Yavorskyi's poetry the epiphora is an element of syntactic organization of the author's

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14 thought and is used quite sporadically, while at Feofan Prokopovych this device is marked by regularity. The peculiarity of epiphora at Prokopovych is its use in every second line what makes a special textual pattern. The author prefers the epiphora of nouns, rather than verbs prefered for anaphora: Undosa est urbis facies, quae spectat ad ortum,/Montosa est serum, quae videt esse diem./Larga fluent videt, roseum qua prospicit ortum…(The city full of waters faces to the east,/The side seeing the end of a day is mountainous./ (The city) observes the great water, facing the rosy sunrise…) (Descript., 2123); …orientalem sed lavat amne plagam./Allatrant urbi fluctus Titanis ab ortu,/Tollit ad occiduam mons juga multa plagam (…the eastern side ia washed by river./The water flows roar and plunge the city, where comes Titan ,/The mountain rises the high vertex of the western side) (Descript., 30-32).

Stylistic devices for expressing the space of images Metaphor takes the first place in the language of the literary text among the other devices of the verbal imagery. Metaphor is a word or figure of speech, that describes an object or phenomenon by referring to something that is similar to that object or phenomenon. Metaphor creates the individual and unique images for the process of metaphorizing the reality is endless. This figure is widely used in a poetry that speaks to the reader the language of images. Ukrainian poets writing in Latin also used metaphor, although not often.

At Stefan Yavorskyi's elegy "Possesoris horum librorum luctuosum vale" a book is one of the objects of metaphorization. The author expressed his most sincere emotions saying goodbye to his library. The poet uses metaphor at the very first lines to express his attitude towards books: Ite, meus splendor, luxque decusque meum! (Follow your way, my shine, my light and decoration!).

The authors prefers to use the words with semantics of light: splendor – shine; lux- light. It seems that he accentuates the similarity between the education and light. It becomes evident in Slavic languages through the following examples with semantics of light: comp. Ukr. освіта; Rus. просвещение; Belorus. асвета; Pol. oświata; ancient Gr. διαφωτίζω; Eng. enlightenment; Germ. die Aufklärung. By decoration he means glory and honour rather than their outer beauty.

In his poem "Comparatio vitae monasticae cum civili" Feofan Prokopovych compares the secular and monastic life using the widespread metaphor

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that "life is the sea": Haec citra dubium portus; at illa mare est: (This life undoubtedly is a harbour, while other one is the sea) (Compar., 10).

According to the antique worldview fortuna caeca est, which means that fortune is blind, the fortune didn't choose the people and people couldn't choose and change their fortune.

Christianity did abolish this statement and gave people a hope for a free choice till the last minute of their lives. In this sense, Christianity made people free from the cruel fate threatening their happiness. The author proves this idea using the metaphor "fate is a blind mistress": Arbitrium caecae dominae contepsimus ultro (It was our free will to neglect the verdict of a blind mistress) (Compar., 37).

In a poem "Laudatio Borysthenis" Feofan Prokopovych the author glorifies the Dnipro river and Kyiv with the metaphor of family relations. He writes that Dnipro is father, and Kyiv is mother, emphasizing the dominant role of the river as it supplies water and protects the city: Salve magne Pater, magnarum dives aquarum (I greet you, the great Father, rich of waters) (Laudat., 1); Urbs haec ipsa, decus patriae, materque potentis Imperii (This city itself is the beauty of the native land and mother of the powerful state) (Laudat., 12).

Allegory is a complex metaphor that expresses the ideal objects in concrete images. It is one of the main figures in literary tradition used in the genre of fable. There is one sample of such fable

by Feofan Prokopovych written in Latin. The plot of this work is not original and presents the short variant of fable by Horace in "Satires". It tells about two mice, living in a city and in a village. They invite each other to their homes.

The rural mouse met the guest in a poor home "pauperе tecto" and served very simple courses "ruris dapes". But the urban mouse refused having this meal and invited her friend to the sumptuous banquet "lauto fiunt obsonia luxu" in a city.

Then, as the story tells, the door creaked "fit cardine stridor" and mice ran away. But the urban mouse immediately found the hole and hid there while the rural mouse was wandering all the night and when she got home she said that the simple dinner was much more pleasant: "Dulcior exiguo facilique parabilis aere/ Caena est". The story ends with a moral thought: "Nocet empta dolore voluptas" – "Delight is for nothing, if you suffer for it".

It is evident that the fable reveals basic life concepts as wealth and poverty through the

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allegory. Despite all the delights of wealth they are not certain. And poverty, being miserable, doesn't bring danger. At Horace fable in "Satires", (Horatius Flaccus, Satyrarum libri.

Liber II, 6, 80) we read that urban mouse invited her friend to the palace to eat the crumbs after banquet, while the rural mouse served the food she had worked for and she was not afraid of anything. Hence, comes the moral conclusion that a real delight brings calm and harmony – the Horace's principle of "aurea mediocritas". Feofan Prokopovych considers the morality of this fable in other way. He thinks about harmony in everyday life, rather than in delights, when a person works hardly and doesn't hope for uncertain future and occasional fortune.

Hyperbole is the exaggeration of a certain idea to intense its expressiveness. The Baroque aesthetics, that tended to excessiveness, didn't neglect the principle "ne quid nimis", so that hyperbole became one of the main instruments for its realization. The most productive mean of hyperbolization was the use of degrees of comparison: gradus superlativus: Fulgura crebra micant, & plumbi plurima grando/ pervolitat, mortesque ferit (The lightining often fulminates and multiple bullets fly and bring the death) (Carmen, 84–85); Illius cum scena subit faustissima noctis (When suddenly appears the happiest vision of that night) (Elegia, 1); gradus comparativus: Ultra teli disjuncta volantis/ Litora sunt jactum (The banks stand further than a thrown arrow (Laudat.); Nunc radio meliore diem sol spargit, & aucta/ Lux esse, & flores melius ridere videntur (It seems that sun is shining more than ever, that there is more light and flowers seem lovelier ) (Epinic., 11-12).

Comparison is grammatically organized contrasting on the basis of similar features.

Comparison is a rich source of images in poetry and widely reveals the author's fantasy.

However, Neo-Latin poetry of Ukraine represents very few examples of comparison and doesn't make it possible to classify them.

A large number of comparisons is found in "Elegy" by Feofan Prokopovych. This elegy tells about the escape of blissful Olexii to Syria from the city of Rome. He compares himself to the prisoner full of hope for escape: Sic tremui, ceu claustra parans evaderе, quemque/ Spes alit effugii destituitque sui (Thus I trembled as a prisoner ready to escape) (Elegia, 247). In other parts of the elegy the man describes the feelings of his family when they found out about his leaving. He compares his parents' grief to the Jacob's lamentations after his son: Sic Jacob

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doluit, dulcis cum viscera nati/ A saevis didicit dilacerate feris (Elegia, 248).

The sorrows of his wife are described not less dramatically. She was moaning as she could see his future fate and put his body in the grave: Nec gemuisse minus, quam si mea fata videret/Et tumulo corpu traderet ipsa meo (Elegia, 248).

Another comparison is found at the final part of the elegy, when the man reaches the Syrian shores. He compares the ship to the horse: Utque regit domitum non duris vector habenis/Et facile freno flectere suevit equum (Elegia, 249).

Addressing is grammatically independent component of a sentence that names the addressee of speech. It is often stylistically marked in a poetic language rather than in a prose. Poetry breaks all the barriers between the reality and fiction so that the objects od addressing may be people, gods, nature and abstract notions: addressing to gods:…o tandem non aversare tuorum/ Vota Deus! (oh God, do not avert your prayers); Laeta tui festi lux, Hymeneaee fuit (The light of your fest was joyful, Hymen); Musa salutates mea pergito ad usque Triones (Oh come, my Muse, to the curative constellations of the Great Bear and the Little Bear); addressing to people: Josaphe cur patriam fugitive relinquis Amera / Cur migras castris hostis amice meis" (Josaph, fugitive, why are you leaving Amera for my hostile camps); Primus es, o Mammas, poteras qui nomine raro / Natus in obscure nobilis esse loco" (Mammas, you are the first man with a rare name who was made famous in infamous place); addressing the nature: Talis erat facies, Roma superba tui (That was your face, superb Rome); Pellite caerulei, me pellite flamina ponti (Hurry me, the wafts of the blue sea, hurry me).

Hypotypose is any description of the event given with attention to the details and making illusion of reality. It is often used to depict the pictures of nature or significant historical events. The stylistic function of hypotypose is in realization of vivid image and movement. Such a description of the battle is found at Feofan Prokopovych's historical poem "Epinicium": Nec tantum fracta mugit de nube tonitru/ Ingeminant quantos belli tormenta fragores, / Jamque diem eripuit mixtus cum pulvere fumus: / Nec lux est, nisi quae fatali spargitur igne: / Incensos pugnare putas, unаque flagrare: / Fulgura crebra micant, & plumbi plurima grando / Pervolitat, mortesque ferit (The thunder in the sky is not so load as the grenades roar in wars. The day hid the smoke with dust.

The light cannot be seen except the flashes of the fatal fire. You can see that people fight in a

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16 burning fire. The lightening often fulminates and multiple bullets fly and bring the death).

In his "Elegy" about Olexii there are two descriptions. The first one tells about the happiness of wedding time: Quoqunque adspiceres, plausus citharaeque sonabant, / Laeta tui festi lux, Hymenaee, fuit./ Omnis conjugii capita aetas gaudia nostri. / Festus & in tota perstrepit aede chorus (Everywhere can be seen the plouds and sounds of cithern. The light of your fest was joyful, Hymen. Everyone, despite thir age, was happy about our wedding. The joy and songs sounded in the house). Another poetic description is devoted to the sheep bringing the protagonist to Syria: Incubuit placidis Zephyrus lenissimus undis / Aequoreasque suo flamine mulcet aquas./ Et nos Ionium secure findimus aequor, / Nec reddit trepidos ulla procella metus.

O me felicem! Mitis mare permeat aura. / Summaque censetur ludere sponte Thethys. / Non quatit obversam proram puppimve retundit. / Sed tantum celerem promovet unda ratem. / Pinea texta volant, non strident vincla rudentum (The tender Zephyr flew to the calm waves and sways the sea waters. We are crossing the Ionian Sea and the storm brings no fear. I am happy! The tender wind is blowing the sea. It seems that Thetis is playing on the surface. The wave nor sways the ship neither rocks the stern, but incites the fast ship to go forward. The pine sails are flying and the ropes don't creak).

The peculiarities of poetic syntax Inverse is the break of direct order in a sentence to emphasize the part of it. The mechanism of changing the words order makes inverse similar to the other figures as hyperbaton and anastrophe. The first one is separation of neighboring words by another word or word combination. The anastrophe is the change of order of the neighboring words. There are two types of inverse, the stylistic and grammatical, the first one is prefered in a poetic language.

Ukrainian poets writing in Latin tend to hyperbaton. Following the antique samples in their poetry, Ukrainian authors used the widespread type of inverse of Vergil and Horace.

The peculiarity of this figure lies in invertive relations of attribute and subject. The Latin word order is characterized by postposition of adjective according to the noun. At Ukrainian poems, vice versa, noun follows the adjective.

Sometimes, the position of attribute and subject is so distant in a text, that their interconnection is determined by endings and context. The realization of inverse is schematically marked as

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the following: letter А means attribute at the beginning of the line, small а is an attribute in the middle of the line in agreement with a noun. The similar marks are used for the nouns: letter S (subject) is a noun at the end of the line, s is a noun in the middle of the line. There are five types of inverse according to thes scheme: AS: Occiduas urbis cinxere cacumina partes (The western parts of the city are surrounded by the tops (of the mountains)". (Descript., 3); aS: Aurorae oppositum perluit unda latus (The opposite side of Aurora is washed by the wave) (Descript., 4); as: Qua primos solis radios videt, imminent amni (The side, facing the first rays of the sun, is adjacent to the water) (Descript.,11); As: Surgentem spectans solem urbs fremit amne propinquo (The city, facing the rising sun, roars with a surge) (Descript., 13); mixed types: Ortum undosa diem videt urbs, sed monte superbit (The coming day faces the city full of waters but takes pride in a mountain) (Descript., 27).

Parallelism is the order of the language elements with the similar grammatical or semantical structure in two consequent parts of a text.

Antithesis is a kind of parallelism, when the concepts and images are opposed on the basis of the same idea. Antithesis is used to increase the expressiveness of the statement by means of contrasts. A poem "Comparatio vitae monasticae cum civili" by Feofan Prokopovych is a good example to demonstrate this figure. The title of this poem speaks for the use of antithesis for any comparison is based upon the contrast: Illic angorum curarumque aestuat aquor;/Hic sobriae mentes, hic manet alta quies (There the water boils with anxieties and troubles;/Here are the sober thoughts, here is the great calm.) (214, Compar, 16); Vos strepitus rumorque trucis circumsonat urbis. / Nos retinent tacitae tranquilla silentіa cellae (You are in the middle of uproar and gossips of the threatening city./And we are sustained by the peace of the silent cell) (Compar, 26).

Another kind of parallelism is chiasmus, which often means reverse parallelism – the cross placement of the parallel parts in two consequent sentences or word combinations. This type of symmetry is connected with inverse. There are a lot of examples of reverse parallelism in a poem "Cupido seu amor alatus". The peculiarity of the use of chiasmus at I. Yaroshevytskyi lies in lexical repetition: Hic hora certa mori vivere certa mihi (Here is the true time for me to die and the true time to live) (Cupid. 99); Tempus erit cum tempus erit tibi Josaphe nullum/ Nullum quo possis ludere tempus erit (The time will come,

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when there is no time for you, Josaph,/ no time to entertain) (Cupid, 99).

Except specific syntactic organization, this line contains the multiple repetition of words, word combinations and also the anadiplosis – the repetition of the word at the end of the previous and at the beginning of the next line.

Emphasizing a word "time", the author accentuates its fleeting. It seems that Cupido incites Josaph to wake and return to the past pleasures.

Conclusions Literary language and style of Neo-Latin poetry in seventeenth to eighteenth-century largely depended on the aesthetic principles of the Baroque and antique poetic and rhetoric traditions. The stylistic level is abundant with phonetic, morphological and lexical repetitions.

They serve to convey an emotional variety such as tension, excitement, enthusiasm, fear etc. The main stylistic devices are metaphor, allegory, hyperbole, addressing and hypotypose.

The syntactic level is characterized by use of the parallel constructions which realize the antithesis. The world broken in two was the dominant belief of that time in Ukraine, enhanced by religious and language split, and perpetual wars as well. Another syntactic peculiarity is the use of inversion based on traditions of Roman classical literature and adopted by Ukrainian poets. The Latin language in Ukrainian poetry, following the classical rules of lexis, grammar and syntax, is marked by the wide range of linguo-stylistic innovations due to the aesthetic and poetic principles of the Baroque.

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Houghton, L., Manuwald, G., & Nicholas, L. (2020). An Anthology of British Neo-Latin Literature. Bloomsbury Neo-Latin Series.

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Koshchii, O. (2011). The language of Neolatin historical poetry in Ukraine at the end of the XVI century.(Dissertation abstract).

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Masliuk, V. (1983). Latin poetic and rhetorical courses of the XVII to the first half of the XVIII century and their role in the development of the theory of Ukrainian literature. Kyiv: Naukova dumka.

Mayer, R., & Adams, J. (1999). Aspects of the language of Latin poetry. Oxford: Oxford University Press.

Moul, V. (2016). Neo-Latin Poetry, 1500–1700: An English Perspective. Oxford University Press.

DOI: 10.1093/oxfordhb/9780199935338.013.16.

Moul, V. (2017). A guide to Neo-Latin literature.

Cambridge: Cambridge University Press.

Myronova, V., Korolova, N., & Koshchii, О.

(2019). Lexical eclecticism of Latin texts on the territory of Ukraine of the XV-XVII centuries.

Graeco-Latina Brunensia, 24(2), 177-191. DOI: 10.5817/GLB2019-2-12.

Nalyvaiko, D. (1981). Kyiv poetic courses of the XVII – to the beginning of XVIII century in the context of European literary process. Literary heritage of Kyivan Rus and Ukrainian literature of XVI–XVIII centuries. Kyiv: Naukova dumka.

Nalyvaiko, D. (1987). Ukrainian literature Baroque in European context. Kyiv: Naukova dumka, 46-75.

Retrieved from http://litmisto.org.ua/?p=3116 [Accessed May 20, 2021].

Prokopovych, F. (1786) De arte poetica libri III (Latin poetic course). Mohylov: Arch. Konyskyi.

Prokopovych, F. (1743). Lucubrationes (Collection of poems, letters and speeches).

Wrocław: Korn.

Prokopovych, F. (1744). Miscellanea sacra (Collection of works). Wrocław: Korn.

Shevchenko-Savchynska, L. (2011). Ukrainian etiquette literature in Latin: Literary monuments and their posterior reception. Vol. 12. Kyiv: Word and hour, 43-51. Retrieved from https://core.ac.uk/download/pdf/162256173.pdf [Accessed May 20, 2021].

Shevchuk, V. (2004). The Roxolanian muse: Ukrainian literature of XVI- XVIII centuries: In 2 vol. Kyiv: Lybid.

Shevchuk, V., & Yaremenko, V. (2006). The word much valuable. Anthology of Ukrainian literature, written in diverse languages in the

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18 Renaissance and the Baroque periods of XV– XVIII centuries. Vol. 2. Literature of the high Baroque (1632–1709). Kyiv: Akonit.

Siedina, G. (2007). A neo-Latin epic poem about Ivan Mazepa. Florence: Slavic Studies, Vol. IV, 85-115.

DOI: http://dx.doi.org/10.13128/Studi_Slavis-2123 Siedina, G. (2012). The concept of virtue in the epic-panegyric celebration in Ukrainian neoLatin literature (late 17th-early 18th century).

Florence: Slavic Studies. Vol. IX, 243-271. DOI: 10.13128/Studi_Slavis-12241 Siedina, G. (2015). Lyric poetry in the Mohylanian poetics. Vol. 2. Kyiv: National University of Kyiv-Mohyla Academy. DOI: https://doi.org/10.18523/kmhj51024.2015-2.4364 Sofronova, L. (1982). Principle of reflection in Baroque poetics. Baroque in Slavic cultures: (Collection of scientific works). M.: Nauka.

Taylor, A. (2007), Neo-Latin and the Pastoral.

Special issue of The Canadian Review of Comparative Literature, Vol. 33, 154–171.

Trofymuk, М. (2014). Latin literature in Ukraine of XV-XIX centuries. Lviv University Press.

Retrieved from https://shron1.chtyvo.org.ua/Trofymuk_Myrosla

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Research of the phenomenon and development of the Baroque style in Italy. (Transl. by E. Lundberg). Saint Petersburg: ABC-Classic.

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Yaroshevytskyi, I. (1702). Cedrus Apollinis (A manuscript of Latin poetic course). Kyiv: Department of manuscripts of VNLU. DS/P 241.

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Yavorskyi, S. (1744). Possesoris these books, dramatic farewell. In: Prokopovych, F. Miscellanea sacra (Collection of works).

Wrocław: Korn.

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DOI: https://doi.org/10.34069/AI/2021.41.05.2

Online practicum and teacher efficacy: correlation, challenges, and lessons arising from Covid-19 pandemic Çevrimiçi Uygulama ve Öğretmen Yeterliliği: Covid-19 Pandemisinden Kaynaklanan Korelasyon, Zorluklar ve Dersler Received: April 8, 2021

Accepted: May 26, 2021

Written by: David Wafula Waswa5 https://orcid.org/0000-0001-8632-1590 Suleyman Celik6 https://orcid.org/0000-0001-8592-6192 Abstract

Oz

This study examined the influence of teaching practicum on preservice teachers’ sense of selfefficacy during the covid-19 pandemic. In particular, the study sort to establish if both online and school-based teaching practicums have the same influence on the preservice teachers self-efficacy. A questionnaire was used to collect data from 40 preservice teachers, 2 of them were also interviewed for further insight into the answers provided. It was found that the preservice teachers’ sense of self-efficacy was at best “average” during the pandemic time, with online-based practicum teachers showing a slightly stronger self-efficacy overall. However, school-based practicum teachers showed higher self-efficacy in classroom management and student engagement. The slight differences in efficacy levels were found not to be statistically significant to cause a difference in opinion between online teaching practicum and schoolbased teaching practicum. Possible reasons for general low levels of self-efficacy were discussed, and causes for slightly higher efficacy for online-based practicum also suggested.

Bu çalışma, öğretmenlik uygulamasının, covid-19 salgını sırasında öğretmen adaylarının öz-yeterlik duygusu üzerindeki etkisini incelemiştir. Özellikle, çalışma, hem çevrimiçi hem de okul temelli öğretim uygulamalarının, öğretmen adaylarının öz yeterliği üzerinde aynı etkiye sahip olup olmadığını belirlemeyi amaçlamaktadır. 40 öğretmen adayından veri toplamak için bir anket kullanıldı, verilen cevaplara ilişkin daha fazla bilgi için bunlardan 2'si ile görüşüldü. Öğretmen adaylarının öz-yeterlik duygusunun, pandemi döneminde en iyi ihtimalle “ortalama” olduğu ve çevrimiçi temelli stajyer öğretmenlerin genel olarak biraz daha güçlü bir öz-yeterlik gösterdiği bulunmuştur. Bununla birlikte, okul temelli staj öğretmenleri, sınıf yönetimi ve öğrenci katılımında daha yüksek öz yeterlik göstermişlerdir. Etkililik düzeylerindeki küçük farklılıklar, çevrimiçi öğretmenlik uygulaması ile okul temelli öğretim uygulaması arasında bir görüş farklılığına neden olmak için istatistiksel olarak anlamlı bulunmamıştır.

Genel düşük öz-yeterlik seviyelerinin olası nedenleri tartışıldı ve çevrimiçi tabanlı pratik için biraz daha yüksek etkililiğin nedenleri de önerildi.

Key words: Instructional strategies, onlinebased practicum, school-based practicum, selfefficacy, student engagement.

Anahtar kelimeler: Öğretim stratejileri, çevrimiçi temelli uygulama, okul temelli uygulama, öz yeterlik, öğrenci katılımı.

Introduction Teachers around the world continually experience challenges emanating from among other things; heavy workloads, education policy dynamics, and other societal demands that

5 6

increasingly compel them to rethink their pedagogy. Now more than ever, teachers have come into sharp focus with the advent of Covid19 pandemic that has forced education

Tishk International University, Erbil, Iraq.

Tishk International University, Erbil, Iraq.

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Waswa, D., Celik, S. / Volume 10 - Issue 41: 19-29 / May, 2021

stakeholders across the globe back to the drawing board. Consequently, e-Platforms which have essentially been ‘stand-ins’ for traditional schools have now emerged as credible, and in most cases, the only substitutes. This new normal presents yet more challenges to instructors in terms of preparation and preparing learners, availability of resources to guarantee effective eLearning, and accountability in issues like plagiarism.

The research utilizes the following research questions to achieve the intended objectives.

The challenges above demand teachers to develop a strong sense of teacher efficacy in order to successfully maneuver through. Teacher efficacy is a concept that has been discussed from as back as late 70’s, but Tschannen-Moran, Hoy, & Hoy (1998) defined it as “the teacher's belief in his or her capability to organize and execute courses of action required to successfully accomplish a specific teaching task in a particular context.” This definition puts into account early works of Bandura on self-efficacy, and also RAND researchers, and Armor and others definition of teacher efficacy.

Research objectives are:

There is extensive research that links teaching practicum to preservice teachers’ sense of teacher efficacy (Cantrell, Young, & Moore, 2003; Atay, 2007; Gurvitch, & Metzler, 2009; Gao & Mager, 2011; Sokal, Woloshyn, & FunkUnrau, 2013; Moulding, Stewart & Dunmeyer, 2014; Chen, 2019). However, most of these research focuses on school based teaching practicum. Online teaching practicum, which is a relatively new phenomenon, has not been exhaustively researched. It is worth noting that most pre-service teachers are not sufficiently prepared to integrate technology in their lessons (Liu, 2011) despite growing calls for them to use it in their teaching.

Research from various parts of the world; Turkey (Goktas, Yildirim, & Yildirim, 2009), Singapore (So & Kim, 2009), United States (Russell, Bebell, O’Dwyer, & O’Connor, 2003), and South Korea (Han & Shin, 2011), highlights this grim phenomenon as occurring universally across the globe. Therefore, subjecting the technologicallynot-ready pre-service teachers to online teaching practicum is bound to have challenges which may tamper with the pre-service teachers’ sense of efficacy. Indeed, little exists in research about online practicum and yet it has emerged as a powerful tool in nCovid-19 times. As such, this paper aims to examine how online teaching practicum affects preservice teachers’ sense of teaching efficacy, and compare the outcome to that of the school based teaching practicum.

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How does online teaching practicum influence pre-service teachers’ sense of teacher efficacy?

Are there differences in the way online teaching practicum and school based teaching practicum influence pre-service teachers’ sense of teacher efficacy? What intervening factors cause such differences?

1.

2.

3.

To establish the effects of online teaching practicum on pre-service teachers’ sense of teacher efficacy.

To explore differences between the effects of online teaching practicum and those of school based teaching practicum on the preservice teachers’ sense of teacher efficacy.

To examine intervening factors that may cause differences in the effects of online teaching practicum and those of school based teaching practicum on the pre-service teachers’ sense of teacher efficacy.

Theoretical Framework Concept of self-efficacy The concept of self-efficacy is grounded in Albert Bandura’s Social Cognitive Theory, which assumes human agency in all individuals, operating in a triadic reciprocal causation, a process that espouses future behavior as a result of the environment, behavior, and internal factors such as cognitive and affective processes (Henson, 2001). Henson further suggested that the three factors influence self believes, determines choices, and actions taken thereafter.

It is against this backdrop that Bandura (1977) developed the self-efficacy theory (SET), and in his subsequent works supported and emphasized his notion that self-believe in one’s abilities strongly affects behavior and determines one’s success or failure (Bandura, 1982, 1986, 1993, 1996, 1997) Tschannen-Moran, Hoy, & Hoy (1998), drawing from Bandura’s extensive work, and combining with that of Armor, Conroy-Oseguera, Cox, King, McDonnell, Pascal, Pauly, & Zellman, (1976), gave unabridged definition of teacher efficacy. They also proposed a teacher efficacy theoretical model that strived to encompass all aspects of teacher efficacy and termed it “the cyclical nature of teacher efficacy” as seen in figure 1 below.

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Figure 1. The Cyclical Nature of Teacher’s Efficacy (Tschannen-Moran, Hoy, & Hoy, 1998) Teacher efficacy is affected by a number of factors; chief among them being the interpretation of the source of efficacy information (Çapa, 2005). As displayed in the figure above, sources of efficacy information are verbal/social persuasion, vicarious experience, physiological/emotional arousal, and mastery experience. Of these, pre-service teachers are more likely to rely on mastery experience and verbal persuasion than vicarious experience and emotions (Yüksel, 2014). In other words, preservice teachers who believe that they have sufficient knowledge of the subject matter and therefore have deep understanding of the content may have enhanced confidence in delivery of the that content. However, mastery of subject content alone may not be adequate, pre-service teachers believe in cognitive pedagogical mastery as well controlled emotion develops the teacher’s sense of efficacy considerably (Palmer, 2006). Indeed, Tschannen-Moran, et.al, (1998) contents that perception of a successful performance by a teacher raises efficacy believes. This suggests that teacher efficacy vary depending on the task and context (Çapa, 2005).

Verbal persuasion is perhaps the most commonly used source of self-efficacy. Pre-service teachers can adjust, or completely change their selfefficacy by listening to experienced (mentor) teachers. As Ma & Cavanagh, (2018) suggest, individuals can be swayed to believe in achieving certain goals if they watch someone they believe to be credible achieve the same. They however, warn that such improved self-efficacy can easily be eroded in the face of adversity, such as abortive results.

advancement, it has gained momentum, and with it teacher training programs have followed suit, although online teaching practicum has yet to take root. A few researches that have been done about online support for pre-service teachers in the field, but little is available about the whole teaching practicum course taking place online.

Indeed it’s a difficult concept because the essence of teaching practicum is to provide “hands on” experience for pre-service teachers (Frey, 2008). Dorner & Kumar, (2016) posit that online platform provides a favorable environment for collaboration among mentor teachers, university educators and pre-service teachers, thus, boosting the confidence of preservice teachers who are in the field on practicum. There is no doubt that online delivery of teacher education impacts positively on preservice teachers, such that it allows them to share issues that mutually affect them and exchange notes in an effort to correct their mistakes (Ekici, 2018).

Methodology This is a mixed methods semi-longitudinal study with both quantitative and qualitative approaches applied in order to exhaust all possible avenues of obtaining relevant information. Qualitative approach is especially employed to explain and better understand data obtained quantitatively (Creswell & Creswell, 2017).

Research Hypothesis Research questions 1 and 3 are hypotheses free, but research question 2 has a hypothesis and is stated in the null as follows.

Online teaching, on the other hand, is a relatively new experience, but with rapid technological

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22 HO: There is no difference in opinion between preservice teachers who did online teaching practicum and those who did school-based teaching practicum on the form of teaching practicum that is appropriate for self-efficacy.

given in the questionnaire and also to gather more data on teacher efficacy during both online and school based practicums. The interviews were conducted via social media video conferences such as Zoom, WhatsApp, and Skype by the researchers. The success rate for both questionnaire and interviews was 100% as the population involved was not large which made follow up easy to undertake.

Participants Participants were selected from a leading private university in a longitudinal manner, including recent graduates from up to 3 years back as well as current pre-service teachers. Purposive sampling using stratified technique, with total populations in individual strata, was used to collect data. Total populations were necessary in this study because of insufficient strata populations for alternative sampling methods.

Former graduates were engaged in an effort to provide enough data for comparative purposes, and affirm or otherwise give their views on teachers’ self-efficacy during school based teaching practicum.

Results and Discussion In this study, slightly more than a third of the respondents were male students, 80% of whom either graduated on time or were well positioned to graduate on time. The large number of male students may be attributed to the masculine culture dominant in the region. Majority of those who graduated work in the private sector, mostly in schools, and almost 90% of them earn below $12000 US dollars a year. In terms of ethnicity, more than three-quarters were local Kurdish, the rest were either of Arabic or Turkish ethnicity, none was from the Turkman ethnic community.

A tad above one-third did their teaching practicum in private secondary schools, about a quarter shared public secondary and high schools, and the remaining 45% split between private high schools and private primary schools.

Instruments A questionnaire was used to collect quantitative data and an interview conducted for qualitative data. The questionnaire was composed of 2 parts; the first part consisted of items for analyzing biodata of the respondents and items for measuring teacher efficacy during online teaching practicum, the second part consists of items for evaluating teacher efficacy during school based teaching practicum. The questionnaire was created on a google form and administered online via sharing option available on the form. The interview schedule was composed of items mostly for clarifying answers

The table below presents a summary of the results as analyzed by SPSS. As may be seen, three factors, classroom management, instructional strategies and student engagement were analyzed together. They were also later, looked at individually in light of online-based respondents vis-a-vis school-based respondents.

Table 1.

Summary of Pre-Service Teachers Self-Efficacy.

Percentages Item How much can you do to get through to the most difficult students?

How much can you do to help your students think critically?

How much can you do to control disruptive behavior in the classroom?

How much can you do to motivate students who show low interest in schoolwork?

To what extent can you make your expectations clear about student behavior?

How much can you do to get students to believe they can do well in school work?

How well can you respond to difficult questions from your students?

How well can you establish routines to keep activities running smoothly?

Nothing

Very little

Some influence

Quite a bit

great deal

2.50

37.50

27.5

15.00

17.50

0.00

27.50

35.0

17.50

20.00

0.00

27.00

30.00

27.50

17.50

0.00

20.00

22.50

22.50

35.00

0.00

25.00

35.00

27.50

12.50

0.00

15.00

25.00

40.00

20.00

5.00

20.00

27.50

22.50

25.00

2.50

15.00

32.50

22.50

27.50

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How much can you do to help your students value learning?

How much can you gauge student comprehension of what you have taught?

How much can you do to foster student creativity?

How much can you do to get children to follow classroom rules?

How much can you do to improve the understanding of a student who is failing?

How much can you do to calm a student who is disruptive or noisy?

How well can you establish a classroom management system with each group of students?

How much can you do to adjust your lessons to the proper level for individual students?

How much can you use a variety of assessment strategies?

How well can you keep a few problem students from ruining an entire lesson?

To what extent can you provide an alternative explanation or example when students are confused?

How well can you respond to defiant students?

How much can you assist families in helping their children do well in school?

How well can you implement alternative strategies in your classroom?

How well can you provide appropriate challenges for very capable students?

Average

2.50

25.00

20.00

32.50

20.00

2.50

7.50

42.50

35.00

12.50

2.50

22.50

35.00

32.50

7.50

2.50

15.00

27.50

30.00

25.00

12.50

7.50

25.00

45.00

10.00

0.00

15.00

25.00

37.50

22.50

5.00

12.50

20.00

35.00

27.50

0.00

22.50

32.50

30.00

15.00

2.50

15.00

22.50

47.50

12.50

5.00

22.50

25.00

27.50

20.00

2.50

17.50

22.50

30.00

27.50

2.50

12.50

32.50

32.50

20.00

7.50

12.50

27.50

22.50

30.00

2.50

15.00

27.50

40.00

15.00

2.50

15.00

30.00

40.00

12.50

2.72

18.46

28.26

30.98

19.67

Table 1 above gives a summary of the preservice teachers’ self-assessment on the three constructs of student engagement, classroom management and instructional strategies. In general, most preservice teachers on average do “Quite a bit” to accomplish their tasks. From the table, 40% of the respondents either content that they would do nothing or very little to get through to the most difficult students, and more than half can do very little or have some influence on controlling disruptive behaviour in the classroom, as well as keep a few problematic students from ruining an entire lesson. Indeed, given that such a high percentage of respondents would struggle with classroom management issues, it becomes apparent why only 25% would go an extra mile to get students to follow classroom rules, and 27% would do a great deal to establish classroom routines, with a tad higher percentage than this would strive to establish classroom management systems with groups of students. Of note, however, a sizeable 5% would do absolutely nothing in each of the later 2 aspects of teaching and learning.

Nonetheless, 60% would do quite a bit or a great deal to calm down a student who is disruptive or noisy, whereas only 40% responded in the same way about making their expectations clear about students behavior in the classroom. It’s impressive that 35% would have some influence on trying to get students to think critically, and

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the same percentage would do a great deal to motivate students who show low interest in school work. Indeed, this is consistent with the 40% who would do quite a bit to make students believe they can do well in school work, but only half of these would go an extra mile to make students value learning.

Creativity in teaching is an area that many teachers struggle with, including experienced teachers. Therefore, it’s not surprising that a paltry 7% would go a great deal to foster creativity in students, which is consistent with a significant 12% who would do nothing to improve the understanding of failing students, a bulky 42% who would have just some influence on trying to gauge students understanding of the lesson. In terms of assessment, an impressive 60% would either do quite a bit or a great deal to use a variety of assessment tools, and an approximately similar percentage would do the same to provide appropriate challenges for very capable students, or provide alternative explanations and implement alternative strategies in the classroom.

Families play a major role in the learning process of children; it is therefore worth noting that 7.5% of the respondents would do absolutely nothing to assist families in helping their children do well in school. This is rather a big percentage.

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24 Classroom Management Table 2 below gives a summary of the comparison of the preservice teachers’ efficacy between online-based teaching practicum and

school-based practicum. As can be seen, there are some aspects of classroom management that had clear significant differences between the two groups.

Table 2.

The comparison of Pre-Service Teachers Self-Efficacy in Classroom Management.

Item How much can you do to control disruptive behavior in the classroom?

How much can you do to get children to follow classroom rules?

How much can you do to calm a student who is disruptive or noisy?

How well can you keep a few problem students form ruining an entire lesson?

How well can you respond to defiant students?

To what extent can you make your expectations clear about student behavior?

How well can you establish routines to keep activities running smoothly?

Average

Means Online-based

School-based

2.17

2.46

0.420

3.42

2.60

0.001

2.17

2.89

0.033

2.08

2.46

0.360

3.08

2.32

0.031

2.00

2.39

0.254

2.75

2.50

0.528

2.52

2.52

Sig.

From the table, getting students to follow classroom rules, the effort to calm down disruptive or noisy students, and responding well to defiant students, are all viewed differently by the two groups of preservice teachers. The mean differences as displayed in the table are 0.82, 0.72, and 0.76 respectively. This means that the way online-based group would calms a disruptive student, or respond to a defiant student, or gets students to follow classroom rules are significantly different from the way school-based group would do it. It’s worth noting that in the three cases, school-based teaching practicum had a higher mean score in only one, calming a student who’s disruptive or noisy.

Online-based teaching practicum had higher mean scores in the remaining two cases.

lesson, making expectations clear about students’ behavior, and establishing routines to keep activities going were all viewed in the same way by both groups. That is, there were no statistically significant differences in the way the online-based group would handle these four aspects of classroom management vis-à-vis school-based group. The mean differences as the table indicates, 0.29, 0.38, 0.39, and 0.15 respectively, are not considerably large enough to cause a difference in the preservice teachers’ perceptions about how they would handle the four classroom management aspects. Despite having some aspects that are significantly different, the overall outcome indicates no difference in the classroom management efforts between the two groups with an equal mean score of 2.52 for both.

The rest of the items tested in this category; controlling disruptive behavior, keeping problematic students from ruining the entire

Instructional Strategies

Table 3.

The comparison of Pre-Service Teachers Self-Efficacy in Instructional Strategies.

Item To what extent can you provide an alternative explanation or example when students are confused?

To what extent can you craft good questions for your students?

How well can you respond to difficult questions from your students?

How much can you do to adjust your lessons to the proper level for individual students?

How well can you provide appropriate challenges for very capable students?

Average

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Means Online-based

School-based

2.33

2.75

0.299

2.50 2.50

2.71 2.39

0.552 0.802

2.42

2.36

0.866

2.33

2.50

0.630

2.42

2.54

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Sig.

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From the table above, it can be seen clearly that there was no item in this category whose mean difference between the two groups was large enough to be statistically significant. Indeed, the highest mean difference of 0.42 is seen in the extent to which preservice teachers can provide alternative explanations or provide examples where students are confused. The least difference of 0.06 is recorded in how far preservice teachers can do to adjust their lessons to the proper level for individual students. Out of the five categories

examined, school-based teaching practicum had highest mean scores in three of them; providing alternative explanations or examples to confused students, crafting good questions for students, and providing appropriate challenges for very capable students. Online-based practicum scored highest on the remaining two, with an overall lower average mean score of 2.42 as compared to 2.54 of school-based teaching practicum.

Students Engagement

Table 4.

The comparison of Pre-Service Teachers Self-Efficacy in Students Engagement.

Item How much can you do to get students to believe they can do well in school work?

How much can you do to help your students to value learning?

How much can you do to motivate students who show low interest in schoolwork?

How much can you assist families in helping their children do well in school?

How much can you do to improve the understanding of a student who is failing?

How much can you do to help your students think critically?

How much can you do to get through to the most difficult students?

Average

From table 4 above, three aspects of student engagement had statistically significant differences in the way preservice teachers perceived them. Motivating students who show low interest in schoolwork, assisting families in helping their children do well in school, and getting through to the most difficult students. All the three, as can be seen, had higher mean scores in the online-based teaching practicum as compared to the school-based teaching practicum. The remaining four aspects of student engagement had means for both groups that were not large enough to cause a statistically significant difference. But unlike the three that had statistically significant differences, these four have highest means alternating between the online-based and the school-based teaching

Means Online-based

School-based

2.33

2.79

0.182

2.75

2.29

0.248

3.17

2.54

0.014

3.08

2.32

0.039

2.33

2.32

0.977

2.17 2.50 2.62

2.36 1.89 2.36

0.917 0.012

Sig.

practicums. From the table, it can be clearly observed that getting students to believe they can do well in schoolwork and helping students to think critically had highest means in the schoolbased teaching practicum, whereas helping students to value learning and improving the understanding of students who are failing had highest means in the online-based teaching practicum. Interesting to note is that the last item had a very small mean difference of 0.01, almost having the same means between the two groups.

But “average” mean scores indicate online-based practicum having an upper hand in student engagement with 2.62 in comparison to 2.36 of school-based practicum.

Mean of the means

Table 5.

The comparison of Pre-Service Teachers overall Self-Efficacy.

Item Instructional strategies Classroom management Student engagement Average

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Means Onlinebased 2.4167 2.5238 2.6190 2.5198

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Schoolbased 2.5429 2.4694 2.3571 2.4565

Sig. 0.574 0.782 0.027

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26 Table 5 above shows the overall analysis of the overall comparison of the preservice teachers’ efficacy regarding the three constraints in this paper. Instructional strategies and classroom management were found to have no significant differences between the online-based and the school-based teaching practicums. Online-based practicum seems to have a higher mean in classroom management and school-based practicum a higher mean in instructional strategies. However, student engagement showed a statistically significant difference between the two groups. The mean difference doesn’t seem to be that large but the P-value of 0.027 indicates a significant difference. The overall means indicate online-based teaching practicum having a tad higher self-efficacy with a mean of 2.52 as compared to 2.46 of school-based teaching practicum.

just we can ask them and they can answer to us but we don't have a lot of chance to discuss in the classroom.”

For instructional strategies, responses were much more varied. For example, when the schoolbased group was asked they can go “a great deal” to provide an alternative explanation or an example when students are confused, one explained thus; “We as teachers have many methods to use during our explanation; I can say like doing group working or invite them to outside of the class to explain to them.”

The response from online-based group to why they would “do nothing” to provide an alternative explanation or an example when students are confused, one explained thus;

The Independent Samples T-Test One question was put to respondents seeking their opinion on whether online teaching practicum was appropriate for self-efficacy rather than school based face to face practicum.

From Levene's Test for Equality of Variances, 0.819, the two groups’ variances were not significantly different statistically; therefore, the null hypothesis is not rejected at 0.05 confidence level with a P value 0.634. This implies that there is no significant difference in opinions of the preservice teachers that did the teaching practicum online and those that did it face to face in schools, on which of the two forms of teaching practicum was appropriate for self-efficacy.

Interviews

“Nothing because students cannot ask during the lesson because we are not meeting them and also for example if one can come to school after class and ask the missing or the confusing something or tell us the we can help.”

Finally for student engagement responses were similar but explanations in most cases were different. When the school-based group were asked why they would go to “a great deal” to get students to believe they can do well in school work, one of them answered thus; “I can befriend them and motivate them every time and teach them how to believe themselves, and set actionable goals. And be with them so they do not think negatively and encourage them to try again and again.”

School-based teaching practicum group showed a higher self-efficacy in classroom management and some of the responses attest to this. When asked why they would do “quite a bit” to control disruptive behavior in the classroom, one of them responded thus;

But when the online-based group was asked way they would go to “a great deal” to get students to believe they can do well in school work, one of them answered thus;

“If I face any problem like that we should control our self-do not shout and try to solve the problem smoothly if not we should inform school manager to fix the problem if not we should call their parents.”

“A great deal, I tell students that School work is just like playing games, they spend a lot of time on the online gaming so they can do something like this with schoolwork. We are not giving them a lot of schoolwork because if it's too much the students will get bored and will not do it but they should play less and not late.”

On the other hand, the online based group that scored slightly less in classroom management, asked why they would do “very little” to control disruptive behavior in class explained thus; “very little because I cannot see them in the face to face and we cannot discuss during the lessons

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Conclusions The results show what can be described as “average” self-efficacy at best. This is a relatively low self-efficacy, a result consistent with Ma & Cavanagh, (2018) who found lower

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level self-efficacy in preservice teachers.

Possible reasons for such low level self-efficacy may include long protracted fighting and instability in the region, and Iraq in particular.

General lack of proper structures including teacher training institutions and personnel may also be a contributing factor.

Preservice teachers showed a slightly stronger self-efficacy in classroom management, a result consistent with the finding of Chen, J. (2019).

The result, however, differs from Sarfo, Amankwah, Sam & Konin, (2015) who found that student engagement commanded higher selfefficacy in teachers. This may be due to different geographical regions and therefore different societal and personal beliefs that influence teachers’ self-efficacy. In this study, the higher self-efficacy in classroom management may be due to the high power distance culture that dominates the region. This is a culture that demands respect for elderly and those in power, they cannot be questioned about the decisions they make. The society is also highly patriarchal.

Students, therefore hold teachers in positions of power and automatically accord them due respect. Preservice teachers’ stronger selfefficacy in classroom management may have been informed by this belief. Indeed, as one of the respondents plainly put, teachers have three options when it comes to classroom management; try to do it themselves, bring in the school administration, or call in parents. School administrators and parents are more respected due to their positions. Students would not want their parents to be called in, let alone be taken to the school administrators.

Student engagement came in second after classroom management as no surprise. The low level of educational development in the region has kept most of the population uneducated.

Teachers and other education stakeholders, therefore, constantly engage in motivation and persuasion to keep students in schools. Of course student engagement in this respect refers to how teachers involve students in the lesson. In which case they, teachers, have to balance delicately between pushing students to participate and enticing them not to quit altogether. Teachers have to “befriend” students, put them in some sort of social groups and constantly keep them engaged in order to keep their minds off societal issues that may affect their progress at school.

The slight higher self-efficacy among the onlinebased preservice teachers may be attributed to a number of factors. This result is also consistent with Mahalingappa, Hughes, & Polat, (2018)

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findings that preservice teachers who took E-Pal project had positive self-efficacy as compared to those who didn’t, and also that of Mergler & Tangen, (2010) who posited that internet preservice teachers had higher efficacy than internal ones. First, the current generation of teachers is mostly tech-savvy, they are almost always online on social media or gaming sites.

This may have enhanced their self-confidence in technology and online platforms prior to joining the teacher training program. Secondly, the nCOVID-19 pandemic may have had a hand in this too. With everyone scared of face to face meetings, the preservice teachers must have psyched themselves to do their best as that was the only chance for them to get a full teacher training experience. Lastly, the anxiety, confusion, and even fear that new teachers experience when going in class for the first time may be reduced, and for others entirely eliminated by the fact that they do not meet students face to face. A virtual classroom may be akin to flight simulator, where preservice teachers assume a nonrealistic trial of the classroom. This phenomenon may also perhaps explain why online preservice teachers showed a stronger self-efficacy in student engagement.

The assumption being that they were able to reach out to students through various online platforms, especially those ones frequented or favored by learners. For instance, if teachers play the same online games with students they develop a close relationship that may break barriers which exist automatically between teachers and students. If this happens, teachers can easily engage students on any topic, including school related issues, and becomes easier to engage students in class as well.

However, school-based preservice teachers showed a strong self-efficacy in instructional strategies, perhaps signifying the challenges of switching instructional methods in virtual classrooms. Whereas physical classrooms affords a teacher close proximity to students which allows for quick assessment of the effectiveness of the method of instruction, virtual classrooms do not afford teachers the same advantage. Teachers may take a longer time to ascertain whether the method of teaching employed is indeed effective or not. Therefore, face to face classroom teachers may be in a position to switch instructional methods faster and effectively as compared to virtual classroom teachers.

In conclusion, therefore, the study hypothesis was not rejected leading to the conclusion that there is no difference in opinion between

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28 preservice teachers who did online teaching practicum and those who did school-based teaching practicum on the form of teaching practicum that is appropriate for self-efficacy. In other words, either of the two forms of teaching can be good for teachers’ self-efficacy. Indeed, there was no significant difference in preservice teachers’ level of self-efficacy between the online-based and the school-based groups.

Bibliographic references Armor, D., Conroy-Oseguera, P., Cox, M., King, N., McDonnell, L., Pascal, A., Pauly, E., & Zellman, G. (1976). Analysis of the school preferred reading programs in selected Los Angeles minority schools (Rep. No. R-2007LAUSD). Santa Monica, CA: RAND. (ERIC Document Reproduction Service No. 130 243) Atay, D. (2007). Beginning teacher efficacy and the practicum in an EFL context. Teacher development, 11(2), 203-219.

Bandura, A. (1977). Self-efficacy: Toward a unifying theory of behavioral change.

Psychological Bulletin, 84, 191-215.

Bandura, A. (1982). Self-efficacy mechanism in human agency. American Psychologist, 37, 122147.

Bandura, A. (1986). Social foundations of thought and action: A social cognitive theory.

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Bandura, A. (1993). Perceived self-efficacy in cognitive development and functioning.

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Bandura, A. (1996). Self-efficacy in changing societies. New York: Cambridge University Press.

Bandura, A. (1997). Self-efficacy: The exercise of control. New York: W. H. Freeman.

Cantrell, P., Young, S., & Moore, A. (2003).

Factors affecting science teaching efficacy of preservice elementary teachers. Journal of Science Teacher Education, 14(3), 177-192. Çapa, Y. (2005). Factors influencing first-year teachers' sense of efficacy (Doctoral Dissertation), The Ohio State University, Ohio.

Chen, J. (2019). Efficacious and positive teachers achieve more: Examining the relationship between teacher efficacy, emotions, and their practicum performance. The Asia-Pacific Education Researcher, 28(4), 327-337.

Creswell, J. W., & Creswell, J. D. (2017).

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Dorner, H., & Kumar, S. (2016). Online collaborative mentoring for technology integration in pre-service teacher education. TechTrends, 60(1), 48-55.

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Ekici, D. I. (2018). Development of pre-service teachers’ teaching self-efficacy beliefs through an online community of practice. Asia pacific education review, 19(1), 27-40.

Frey, T. (2008). Determining the impact of online practicum facilitation for in-service teachers. Journal of Technology and Teacher Education, 16(2), 181-210.

Gao, W., & Mager, G. (2011). Enhancing preservice teachers' sense of efficacy and attitudes toward school diversity through preparation: A case of one US inclusive teacher education program. International Journal of Special Education, 26(2), 92-107.

Goktas, Y., Yildirim, S., & Yildirim, Z. (2009).

Main barriers and possible enablers of ICTs integration into pre-service teacher education programs. Educational Technology & Society, 12, 193–204.

Gurvitch, R., & Metzler, M. W. (2009). The effects of laboratory-based and field-based practicum experience on pre-service teachers' self-efficacy. Teaching and Teacher Education, 25(3), 437-443.

Han, I., & Shin, W. S. (2011). A Multimedia Case-based Environment: Teaching Technology Integration to Pre-service Teachers. Educational Technology International, 12(1), 1–20.

Henson, R. K. (2001). Teacher self-efficacy: Substantive implications and measurement.

Retrieved from https://www.researchgate.net/publication/23657 74_Teacher_SelfEfficacy_Substantive_Implications_and_Measu rement_Dilemmas Liu, S. H. (2011). Factors related to pedagogical beliefs of teachers and technology integration.

Computers & Education, 56, 1012–1022.

Ma, K., & Cavanagh, M. S. (2018). Classroom ready? Pre-service teachers’ self-efficacy for their first professional experience placement.

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Mahalingappa, L., Hughes, E. M., & Polat, N. (2018). Developing preservice teachers’ selfefficacy and knowledge through online experiences with English language learners.

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Palmer, D.H (2006). Sources of self-efficacy in a science methods course for primary teacher education students. Research in Science Education, 36(4):337-353. doi:10.1007/s11165005-9007-0 Russell, M., Bebell, D., O’Dwyer, L., & O’Connor, K. (2003). Examining teacher Technology use: Implications for preservice and in-service teacher preparation. Journal of Teacher Education, 54, 297–310.

Sarfo, F. K., Amankwah, F., Sam, F. K., & Konin, D. (2015). Teachers’ self-efficacy beliefs: The relationship between gender and instructional strategies, classroom management and student engagement. Ghana Journal of Development Studies, 12(1-2), 19-32.

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integrating technology, pedagogy and content knowledge. Australasian Journal of Educational Technology, 25, 101–116.

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Larionov, A. / Volume 10 - Issue 41: 30-42 / May, 2021

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DOI: https://doi.org/10.34069/AI/2021.41.05.3

Aspects of digitalization of the management system in the course of implementation of housing investment and housing projects Аспекты цифровизации системы управления при реализации жилищноинвестиционных и жилищных проектов Received: April 12, 2021

Accepted: May 21, 2021

Written by: Arkadij Larionov7 https://orcid.org/0000-0001-9706-5131 Abstract

Аннотация

This article aims to show how the implementation of the Unified Information Platform (UIP) significantly reduces the construction time during the organization of housing and investment construction. In the article, the author also considers important aspects of the digitalization of construction production. The methodological design involves the method of sociological analysis, the method of expert assessments with subsequent statistical analysis of the data obtained as a result of the questionnaire, the method of mathematical modeling, and comparison. The results of the study made it possible to show that the Unified Information Platform raises the efficiency of relationships between participants in urban planning activities; reduces the total construction period of the facility by 12% (153 days); significantly decreases the cost of construction; the functionality of the Unified Information Platform allows to create a streamlined work process and establish timely control over the performance of work; the absence of such systems or only their local variants noticeably lose in efficiency; the introduction of the Unified Information Platform makes it possible, through electronic interaction, to control the vested interests of corporations and not allow the techno-structure represented by government officials to be subordinated; the use of information technology guarantees maximum efficiency and productivity while minimizing production costs.

Цель данной статьи заключается в том, чтобы показать, каким образом внедрение Единой информационной платформы в организацию жилищно-инвестиционного строительства (ЕИП) существенно сокращает сроки строительства. В статье автор рассматривает также важные аспекты цифровизации строительного производства. Методологическая разработка включает метод социологического анализа, метод экспертных оценок с последующим статистическим анализом данных, полученных в результате анкетирования, метод математического моделирования, и сравнения. Результаты исследования позволили показать, что Единая информационная платформа повышает эффективность взаимоотношений между участниками градостроительной деятельности; сокращает общий срок строительства объекта на 12% (153 дня); существенно уменьшает стоимость строительства; функциональные возможности Единой информационной платформы позволяют создать отлаженный процесс производства работ и наладить своевременный контроль выполнения работ; отсутствие подобных систем или только локальные их варианты заметно проигрывают по эффективности; внедрение единой информационной системы дает возможность через электронное взаимодействие контролировать корыстные интересы корпораций и не позволять подчинять себе техно-структуру, представленную государственными чиновниками; использование информационных технологий гарантирует максимальную эффективность и производительность в условиях минимизации производственных издержек.

Keywords: Unified information platform, housing investment project, engineering, construction, digitalization.

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Ключевые слова: Единая информационная платформа, жилищно-инвестиционный проект, инжиниринг, строительство, цифровизация.

Prof., DSc, National Research University - Moscow State University of Civil Engineering, Russia.

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Introduction The development of the construction industry largely depends on the scale of infrastructure services provision in developed territories. Due to the complexity, uncertainty, and volatility of resource provision and volatility of the technological, social and economic environment, business functions and economic life must increasingly rely on well-thought-out strategy, managerial capabilities, and predictable financial factors. However, recent experience in organizing capital construction shows that the future is becoming more difficult to predict, making it very difficult to predict prospects and likely achievements (Smirnova, 2020, 2021).

That is why digitalization of construction is of current interest (Huovinen, 2019). The introduction of information technology helps to identify the shortcomings of existing digital platforms and ensure the development of technical software systems that guarantee maximum efficiency and productivity while minimizing production costs (Ottaviano et al, 2018).

The study of foreign experience (primarily Singapore) made us think about the Unified Information Platform project for the interaction of all construction participants in Moscow and the Moscow Region (Rajan, 2003). From the point of view of the efficiency and productivity of digital complexes, an information platform is needed that would imply a universal access code and would allow structuring segmental information in all organizations participating in the construction industry: among customers, designers, general contractors, subcontractors, in non-profit organizations and government departments, and thus, it would introduce elements of analysis and visualization into the control process, and a reliable method of data processing. All this will create a well-functioning work process by contractors and timely control of work performance by the customer/technical customer and government departments.

Literature Review Many researchers considered the unrestrained market as a tool that controls the ability of the construction business to meet the needs and preferences of consumers as a prerequisite for optimizing the management of a centralized economy and as the main regulator of economic proportions. Such researchers recognized the possibility of including the market as a whole in a centralized economy as A. Lerner (1970), A. Pigou (1999), H. Dickinson (1971),

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M. Lieberman and R. Hall (2000). They believed that the efficiency of using industrial resources in a centralized economy would be much higher if its mechanism were built on the principles of free competition with the inclusion of market factors to determine the strategic proportions in the national economy (e.g., Lieberman and Hall, 2000).

On the other hand, whether the consumer society provides sufficient strategic funding for public needs and, particularly, for construction infrastructure in Russia; the answer to this question is obvious: private investors are mainly concerned with business issues and market benefits. Such problems as evaluating the effectiveness of a Unified Information Platform implementation in construction organizations, qualitatively updating the calendar schedules for the implementation of housing investment and construction projects, implementing an effective and correct reduction in the implementation terms of planned projects remain mostly outside the field of vision of business structures.

Although all major construction corporations and giants compose and analyze different medium and long term scenarios, use different models for studying the capital investment portfolio and resort to the opinion of qualified experts, the corporate vision of the future is still superficial and depends on profit and expansion from outside (Ansoff, 1977, 1995). According to Galbraith (1988, 1997), in such a way, the conditions for inequality in obtaining profit are created since the planned corporate subsystem uses the structure of a market economy consisting of small firms and small companies (Agstner and Mascheroni, 2020; Sterman, 2000).

Management policies pursued by the construction giants in Moscow and the Moscow Region are aimed at regulation through intensive government funding of market actors, their wellorganized control, and a flexible system of corrective actions. In the era of dynamic strategic management, the distinction between "private" and "public" segments of the economy can be neglected (Ansoff, 1980, 1985, 1987). The essence of creating the Unified Information Platform for project management of engineering and construction infrastructures is explained precisely in the above context.

For example, the main attention of the government of the Moscow Region in the construction industry is focused on quality assurance and development of housing

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32 construction. For this, regional programs are being developed to increase the scope of commissioning of apartment buildings and improve the living conditions of the population.

Significant attention in these programs is paid to the introduction of innovations as one of the priority areas for developing the construction industry. From the point of view of the authors, the task of introducing a unified software package into the sphere of management is not just the use of innovative solutions, but the fact that it would contain the negative influence of market actors, while at the same time highlighting the request for the effective implementation of state programs. According to Ansoff (2007), the national economy should more and more show the political or the so-called "network" function of the state-supported forecast, which forms the structure, proportions, trends, and rates of economic development on a long-term sustainable basis (Hernandez and Menon, 2021). Gray and Larson (2008) point out the need for management strategies for a business project and define the characteristics of the transition to this critical form of improving the economic efficiency of manufacturing organizations and structural conversion in the context of comprehensive scientific and technological progress (Voronkova et al., 2020).

These are the stages of development, including the integration of the organization's project strategy; plan of the project goal; development of a project plan; management of risks; reduction of the project implementation time; planned resource management; leadership and management of the project team; partnership for design; modern trends in project management (Lo and Liao, 2021).

There is another important advantage from introducing the Unified Information Platform, which is little talked. The goals of digitalization of the construction industry are: reducing the cost of project implementation and operation, the ability to adapt to changes in the development of the industry; functionality, completeness, and the possibility of integration with other managerial structures (for example, numerous government departments and business entities).

The decisive factor in the strategic information management of construction is technological progress, universal but often destructive in nature, the innovations of which replace the old economic model (Schumpeter, 2002, 2013, 2019). It should be emphasized that innovations have led to organizational and planning efforts that are based on certain theoretical principles (Szostak and Boughzala, 2021). The use of

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theoretical methods in fundamental research is smoothly combined with the introduction of methods that can be directly used to produce goods and provide services. Scientific and technical research is carried out on a planned basis as it is carried out using a proven methodology and is in line with predetermined goals. This technological evolution directly affects the policy of goods supply and directs companies and corporations through the "filter" of unified information management (Lambin et al., 2007; Gary et al., 2017).

The problem is that the economic model is often viewed as a set of immutable existing structures.

To this day, researchers are still preoccupied with the competition that takes place within unchanging conditions, particularly permanent means of production and forms of organization.

However, in reality, there is the competition of a different type, based on the discovery of new technologies, new sources of raw materials, and new types of organizations (for example, large corporations-giants) (McWilliams and Siegel, 2001). This competition drastically lowers the cost and improves the construction quality, which turns into a complete bankruptcy of existing medium and small companies. This is exactly what is called the "creative destruction" of the structures and institutions of capitalism that is undermining competition and weakening the human factor in entrepreneurship (Schumpeter, 2013).

The following should be noted here. The American economist Ciscel (1984, 2005) defined the planning system concept as a replacement for market theory. As a result of "creative destruction" in mature corporations and the planning system of the 21-st century, power and management have shifted from the owners to a techno-structure of engineers and technicians who are not owners (Ciscel, 2001). According to Ciscel (1984), the technical structure is a social class whose position in the economy is determined by its participation in making strategic decisions; this class controls the property but is not required to own it.

In this regard, it is safe to say that the fate of any strategic decision lies in the hands of the technostructure (Reinhardt et al., 2008). In an age of uncertainty, the technostructure of large corporations is strongly tempted to get the best of the technostructure presented by government officials and take advantage of strategic planning to achieve their selfish lucrative goals (Claassen, 2021). It should be borne in mind that in all markets, a developed corporation seeks to protect

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itself from risks and uncertainties, thus striving for solid profits and an exceptional and reliable position in the political and economic environment (Stockhammer, 2006).

Thus, it is necessary to indicate that any firm or corporation is involved in the struggle for profit and acts as an element of private relations since, as an organization, it is functioning in a competitive environment (Bernhagen, 2007). In other words, it participates in the struggle for profit to achieve its goals, neglecting the public interest (Reinhardt and Stavins, 2010). In many aspects, the dynamics and efficiency of an organization's development are determined by the levels of interaction with other organizations and intra-organizational processes. The desire for

profit (transition from one level to another) encourages market competitors to introduce innovations, offer new products and services, and actively promote their products on the market. As noted by Schumpeter (2013), the behavior of an innovative entrepreneur is motivated, first of all, not only by monetary profit, but by the desire to gain power and prestige and, thus, to create their own "private kingdom" (Altman, 1999, 2017; Tolstenko et al., 2019). From this point of view, the introduction of the Unified Information Platform makes it possible, through electronic interaction, to control the venal interests of corporations and not allow them to subjugate techno-structure represented by government officials (Aguilera, 2005) (Figure 1).

Figure 1. The general structure of integration of various systems (self-regulatory organizations (SRO), National Association of Surveyors and Designers (NOPRIZ), National Association of Builders (NOSTROY). Source: the author Methodology To assess the effectiveness of the implementation of the UIP, the method of expert assessments was used, followed by statistical analysis of the data obtained as a result of the questionnaire (see Fig. 2 and 3).

Figure 2. The Questionnaire proposed to experts. Source: the autor.

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34

Figure 3. The mean values of expert data. Source: the autor.

The time of implementation of the investment and construction project for a multi-storey residential building was adopted as the main criterion for evaluation.

At the next stage, mathematical modeling of implementing the investment and construction project (ICP) was carried out. A survey of experts was conducted using the method of remote questioning. Having accepted the average error of 10% and the probability value (1-α) = 0.95, the required number of participants was obtained with a known error of representativeness not exceeding 5%, which amounted to at least 96 experts (Table 1).

The survey of experts was carried out using the remote questionnaire method. The answers to the list of questions were the initial empirical data for generalizations and conclusions. In the process of developing the questionnaire, a generalized characteristic of the expert and his most important qualities were formulated.

Table 1.

Determination of the number of experts depending on the error of the mean and the probability coefficient.

Source: the author.

0.6

Error of the mean, % 2 4 6 441 110 49

8 28

10 18

12 12

14 9

16 7

18 5

20 4

22 4

24 3

26 3

28 2

30 2

0.7

663

166

74

41

27

18

14

10

8

7

5

5

4

3

3

0.75

827

207

92

52

33

23

17

13

10

8

7

6

5

4

4

0.8

1040

260

116

65

42

29

21

16

13

10

9

7

6

5

5

0.85

1296

324

144

81

52

36

26

20

16

13

11

9

8

7

6

0.9

1702

425

189

106

68

47

35

27

21

17

14

12

10

9

8

0.95

2401

600

267

150

96

67

49

38

30

24

20

17

14

12

11

0.97

2970

743

330

186

119

83

61

46

37

30

25

21

18

15

13

0.99

4160

1040

462

260

166

116

85

65

51

42

34

29

25

21

18

0.9973

5625

1406

625

352

225

156

115

88

69

56

46

39

33

29

25

Probability

To ensure the necessary qualifications of experts on this issue, requests were made to the organization where the employees included in the National Register of Specialists (SRS) work.

The total number of experts was divided into 5 groups (20 people in each), taking part in the survey together. The experts had to provide the average terms (in days) for the implementation of the presented stages of the investment and construction project, based on the experience in the construction of such facilities. The experts had to evaluate: development and evaluation of the business plan of the investment project; preparation of administrative documents;

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holding a tender for the selection of designers; development of initial permits and design documentation; examination of project documentation; obtaining a building permit; holding a tender for the selection of a general contractor; development of detail documentation, construction of an object; state expertise of the object; obtaining an opinion on compliance; putting the facility into operation.

Results and Discussion Many specialists agree that the deployment of a single information cluster will improve the

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interaction of construction organizations with each other and state construction supervision bodies, which will contribute to the gradual integration between all market participants (Bond and MacLeod, 2001; Choi et al., 2018; Vernadat, 2020; Santos et al., 2017). And more than 93 thousand such participants are registered in Russia, according to the unified register of the National Association of Builders. Also, more than 211 thousand specialists are registered in the National Register of Specialists (NRS). Any participant in a certain construction process must have up-to-date information on the actual performance of work in real-time (online). An automated mechanism will generate documentation without wasting time and create a timely document flow between all participants in the construction. The system will also allow choosing the implementation method (large local project, consistent project implementation, simultaneous implementation of several projects); choose a form of strategic engineering infrastructure management (a set of measures interrelated in terms of resources, terms, and counterparties), create a strategic management mechanism for specific conditions (Olugboyega et al., 2020; Olbina and Elliott, 2019).

From the author's point of view, the Unified Information Platform is impossible without the use of big data: multidimensional data, large data, and data with incomplete information (models with uncertainty). All these special cases of big data are used for visualization. The Unified Information Platform uses computer graphics hardware and software as “large screens” and virtual reality environments (Shneiderman, 2014).

Their features: great flexibility in working with 3D fractals, working with lighting by shadows, color; support for ambient occlusion effects (based on tracking multiple rays), depth of field, unlimited image resolution on 64-bit systems, etc. Analysis and modeling of user behavior, assessment, and measurement of the quality of visual and interactive systems, verification and validation of visualization are also included in the platform (Cao et al., 2019). With the help of visual analytics, the description and presentation of abstract information obtained resulted from the process of collecting and processing multicategory data, for the analysis of which, it was necessary to apply several quantitative and qualitative assessment measures (Maletic et al., 2002). Fig. 4 shows the framework of big data processing.

Figure 4. Big data processing framework. Source: the autor.

Ultimately, all this will make it possible to draw up a unified construction schedule. The technical customer will be able to predict his financial model with a high degree of accuracy (financial costs, commissioning of the facility, payback of the facility), the general contractor will be able to accurately plan material and labor resources in the

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process of work, minimize warehouse stocks, devote more time to the quality of work, without being distracted by the completion of documentation, as well as plan your interaction with other subcontractors while keeping the number of meetings to a minimum number (Fig. 5).

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Figure 5. State information system for urban planning activities. Source: the autor.

The construction industry differs from other sectors of the national economy in some specific features. The uncertainty of the final result in terms of time, cost, and quality takes a special place. This is determined by the fact that some external and internal factors influence the implementation of such projects. One of these factors is the interaction of participants in urban planning activities to implement housing investment and construction projects. The main effect of improving interactions will be an increase in productivity and a reduction in construction time with sufficient quality, which is an urgent task for market participants in implementing any housing construction project. Based on the study of a very significant array of scientific research and developments of Russian and foreign specialists in the field of digitalization of the construction industry (Petrov and Larionov, 2020; Smirnova and Larionov, 2020; Smirnova et al., 2020), the authors came to the following results from the introduction of the Unified Information Platform (UIP).

The author has developed the following thematic categorization or classification of multi-parameter problems: 1) Registration on the platform. When registering, the user fills in all the data about him.

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2) Accreditation system. Administrators of the UIP will carry out user verification through integration with the main systems and data from the unified registers of self-regulatory organizations (SRO), the National Association of Surveyors and Designers (NOPRIZ), the National Association of Builders (NOSTROY). Verification will not be possible for users who are not included in the registries or who had a "bad reputation".

3) Personalization via Face ID + electronic digital signature (EDS). All accredited users will have to bind their EDS to Face ID. Thus, it will always be possible to prove or invalidate this user who used his EDS. This will provide personal responsibility on the platform and identification when logging into the system.

4) Distribution of users to the corresponding databases of construction participants. For the convenience of work, all users of the UIP will be distributed to the appropriate databases that can interact with each other.

5) Creation of a personal account. Each participant in the construction process will have their account. Depending on which base the user is included in, he will receive his own set of functions. The distribution scheme of users is shown in Fig. 6.

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Figure 6. User distribution block diagram. Source: the autor.

The following are modular solutions for the relationship between users of the Unified Information Platform: 1) The "Tender" module serves for a quick and reasonable search for contractors and subcontractors, taking into account such criteria as the geography of their work, experience in performing the required work and the history of previously concluded contracts.

2) "Design" is intended for interaction according to the "Customer/Technical Customer Designer" scheme. The main task of the second module is to provide up-to-date information to the Customer/Technical Customer on the implementation of design or detail documentation, as well as monitoring the release of design and detail documentation.

3) "Construction", this module is aimed at the implementation of interaction according to the scheme "Customer/Technical Customer General Contractor". The main task of the third module is to provide up-to-date information to all participants in the construction (i.e., data on facility readiness, backlog, cost of work).

4) "Control", this module is configured to implement interaction according to the scheme "Customer/Technical Customer Construction control - Contractor" and will unite the Customer, Contractor, Technical and Architectural Supervision. Among the tasks of the module are the following: timely construction control over the quality of construction and installation works; verification of construction technology and compliance with regulatory documents and

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rules; verification of the facility under construction for compliance with the technical requirements of the customer and working design documentation (including volumes and deadlines).

5) "State", this module involves the interaction of participants in housing construction, nonprofit organizations such as SRO, NOPRIZ, NOSTROY, as well as state bodies: state construction supervision (GOS) and state expertise. The platform provides access to state information systems for urban planning (GISOGD).

For the classification of modular data, the titanic workflow must be implemented by the following means: data filtering, which assumes obtaining the necessary information in a minimum time; slicing (a special case of filtering), brushing - interactive painting of data with color; data clustering based on the Map-Reduce algorithm; implementation of the data flow model; algorithms with external memory, minimizing the overhead of I/O disk; autonomous computing; self-configuration, selfoptimization, self-restoration, self-defense. A wide range of parameters for configuring the adaptive interface of the information system will ensure quality, accurate timing and minimize the cost of the construction object. The UIP will be able to prevent the root causes of emerging problems, such as coordination errors, ineffective organization of inspections, and the loss of information about defects, which leads to late management response.

The survey results demonstrate the different duration of each stage of the project when using different methods of interaction between the participants in urban planning (Fig. 7).

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Figure 7. Duration of implementation of each stage of the project. Source: the autor.

A comparison of the terms of the project is presented in Table 2.

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Table 2.

Terms of implementation of an investment and construction project, depending on the interaction of participants in urban planning activities (without using information platforms, using local information platforms, using the Unified Information Platform). Source: the author.

No.

1

Stage of the project Development and evaluation of a business plan for an investment and construction project

2

Preparation of administrative documents

3

Holding a tender for the selection of designers

4

Development of initial permits, design documentation

Б

Expertise of design documentation

6

Obtaining a building permit

7

Holding a tender for the selection of a general contractor

8

Duration, days As per interaction scheme1 As per interaction scheme 2 As per interaction scheme 3 59 59

Development of detail documentation, construction of an object

9

State expertise of the object

10

Obtaining a conclusion on compliance

11

Commissioning the facility

12

Total implementation period

Reduction of terms, days

Reduction of terms, %

0

0%

59

0

0%

60 54 52 30

6 8 -

10% 13% -

26 17 315

4 13 -

13% 43% -

289 267 42 38 38 27 23 20 33 28

26 48 4 4 4 7 5

8% 15% 10% 10% 15% 26% 15%

23

10

30%

606

.

.

581

25

4%

557

49

8%

42 38 38 15 13 12 42 38 37 1270 1184 1117

.

4 4 2 3 4 5 86 153

.

10% 10% 13% 20% 10% 12% 7% 12%

The presented comparison shows that the implementation of the UIP will reduce the time frame for the implementation of the construction project at certain stages by 43% (position 3 holding a tender for the selection of designers).

The total construction period of the facility can be reduced by 153 days (12%). Thus, the interaction of participants in urban planning

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activities according to the existing scheme using local information platforms reduces the total duration of the construction project by 7%, which is a lot. A 12% reduction from the implementation of the UIP will undoubtedly facilitate a significant reduction in the cost of construction work.

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40 Conclusions All particular and specific projects of the engineering infrastructure of Moscow and the Moscow Region, included in the information field of the Unified Digital Platform, demonstrate the features of a single social project implemented in the interests of the entire Russian society.

Their features: large-scale implementation; an integral part of the social development strategy; leading role concerning other elements of planned events and actions; comprehensive and inclusive origin; relevance for all functions of the urban area; comprehensive financial and management support. The implementation of the Unified Information Project will have a beneficial effect on the development of separate regions and the country as a whole.

The introduction of a unified information system makes it possible, through electronic interaction, to control the venal interests of corporations and not allow subjugating the techno-structure represented by government officials.

Finally, the use of information technologies guarantees maximum efficiency and productivity while minimizing production costs.

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42 Vernadat, F. (2020). Enterprise modelling: Research review and outlook. Computers in Industry, 122, 103265.

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DOI: https://doi.org/10.34069/AI/2021.41.05.4

Сomponents in Russian culinaronyms: combination of culinary and language (From material of headlines of culinary journals) КОМПОНЕНТЫ В РУССКИХ КУЛИНАРОНИМАХ: СОЧИТАНИЕ КУЛИНАРИИ И ЯЗЫКА (на материале заголовков кулинарных журналов) Received: March 28, 2021

Accepted: May 18, 2021

Written by: Ngoc Son Phan8 https://orcid.org/0000-0001-6461-1140 SPIN: 6746-6603 V.M. Shaklein9 https://orcid.org/0000-0003-3576-3828 SPIN: 9313-8322 Abstract

Аннотация

The purpose of this study is to point out the components in modern Russian culinaronyms.

This work also presents components’ characteristics as a theoretical part for naming food. We have used the qualitative descriptive method to find out the components included in Russian culinaronyms. The results of this study indicate that there are a number of components in modern Russian food names such as culinary group (gathering a number of components related to cooking), human, time, and freedom (or author component). Moreover, these elements can be identified with the help of different language tools. This research moreover reveals that one lexicon can constitute rotated component or doubled-component.

The result of the study can be used by students and specialists in courses of lexicology and linguoculture. Besides, this study contributes to the stylistic features of culinary text type. This research focuses on systematizing components in Russian culinaronyms, introducing the new concept of ‘culinaronym component’ and its general qualities based on the combination of culinary and language.

Данное исследование направлено на систематизацию компонентов кулинаронима в русских кулинаронимах, введение нового понятия «компонент кулинаронима» и его общих качеств, основанных на сочетании кулинарии и языка. В статье рассматриваются русские кулинаронимы, обозначающие названия кулинарных продуктован посредством структурно-семантического анализа. Целью исследования является выделение компонентов в современных русских кулинаронимах. Также представлены характеристики компонента кулинаронима как теоретическая часть для кулинарной номинации. При выявления компонентов, входящие в русские кулинаронимы используется описательный метод. Результаты исследования показывают, что в современных русских кулинаронимах есть ряд таких компонентов, как кулинарная группа (совокупность компонентов, связанных с приготовлением пищи), человек, время и свободный компонент (или авторский компонент). Выявленные элементы кулинаронима можно идентифицировать с помощью различных языковых средств. Исследование показывает, что один лексикон может содержать вращающийся или сдвоенный компонент. Полученный результат исследования может быть использован не только специалистами при составлении специальных программ, написании учебных пособий по лексикологии и лингвокультуре, но и учащимися на практических занятиях по русскомй языку как иностранному.

Keywords: Culinaronym, Culinaronym Component, Time, Human, Author.

Ключевые слова: кулинароним, компонент кулинаронима, время, человек, автор.

Ph.D. student, Department of Russian language and its teaching method, Philological Faculty, Peoples’ Friendship University of Russia (RUDN University), Russia – Lecturer of Faculty of Russian philology, University of Social Sciences and Humanities, Vietnam National University of Ho Chi Minh city, Vietnam.

9 Doctor of Philology, Prof. Of Department of Russian language and its teaching method, Philological Faculty, Peoples’ Friendship University of Russia (RUDN University).

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Phan, N.S., Shaklein, V.M. / Volume 10 - Issue 41: 43-52 / May, 2021

Introduction Food is one of the essential necessities of human life (Fellner, 2013). Khlobkin, an expert in Russian culinary culture, states that food is one of the valuable elements of a nation; secondly, the art of cooking is to turn raw ingredients into a quality dish, and this is a part of a nation's material culture and an indicator of a prosperous civilization (Khlobkin, 2000). In particular, Russian cuisine holds a special place alongside the important cuisines of the world (Pavlovskaya, 2016). It is not difficult to list some traditional Russian culinaronyms such as borshch, shchi, solyanka, okroshka, kulebyaka, kholodets, rasstegay, golubtsy, pelmeni, oladi, vareniki, varenye and kulich among others (Protsenko & Zhivokina, 2015).

Language, as a rule, is regarded as the primary verbal mean of any field, and it helps humans communicate thoughts and ideas. In the culinary context, its nature and special features are communicated with the help of language. With regard to naming in the field of cuisine, one of the things attached to a dish is its name (culinaronym) which is used to describe its culinary features and related facts. As is known, culinaronym is one of the linguistic units which includes a variety of content as well as expressions (Tsujimura, 2018). Every culinary recipe is represented by its culinaronym which is built from the culinary peculiarities related to its dish. Playing a main role in recipe, culinaronym serves to attract the attention of readers.

Serving as the heading of a recipe in cooking magazines (Lazeeva, 2016; Ratmayr, 2013), modern culinaronyms are varied in content.

Along with commentary, cooking instruction and photos, culinaronym makes unchangeable text structure in every recipe. Unlike the other parts of recipe, the culinaronym is limited in terms of word length, but it needs to sound interesting, attracting and unique in order to be distinguished from the others. Therefore, the study about the language of culinaronyms contributes to assessing the linguistic role of the title in magazine publications, especially food journals.

As is known, cooking magazines are often tasked with introducing new recipes and kitchen techniques to housewives. In order to convey all of these messages through culinary recipes, it is necessary to have the support of non-verbal and verbal languages (Milică & Guia, 2017). The structure of a cooking article includes the title of the article, the guide and the method of the preparation (Gölarch, 1992, 2004; Bator, 2017).

The culinaronym, being the first part of recipe

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(Caroll, 1999; Bator, 2016), plays the important role of connecting, conveying the message and evoking positive emotions about the dish among readers; a culinaronym may even rush readers to try the dish as soon as possible. It can be said that, in order to perform these functions, the name of the dish must be carefully selected. The author should use special tools of language and culinary skills to create an impressive name.

The purpose of this research is to point out elements contained in the modern Russian culinaronyms, to explain the relation of these elements according to the lexicon refering to them.

The relevance is determined by the fact that the language of a naming unite, including a food name, can be explained by its components or elements that occur in its composition. An component analysis of Russian culinaronyms can reveal the naming models in the culinary context and point out culinary percularities by the mean of language.

The novelty of this paper lies in the fact that Russian culinaronyms are systemized by their elements, more than that this is the first time that the concept “culinaronym element” is used and helps explain language specialities occurred in the context of culinaronyms.

Literature Review Culinaronym, a familiar element of daily life, is a cultural feature of each ethnic community (Atkin & Bowlar, 2016). From a linguistic perspective, the name of the dish is a noun or noun phrase that refers to a prepared and processed food. Therefore, the name of a dish is studied in many different fields along with languages such as culture, tourism, history and so on.

From the perspective of Russian language, the name of a dish caught the attention of scientists; it became more important when the term Culinaronym was introduced by Leonova (Leonova, 2003). Since then, the term has been popular amongst Russian researchers in the field of naming culinary products.

On the one hand, the terminology of subjects can make its related branch more scientific and reliable. Furthermore, a new term may lead to some problems, that is, the concept and term formation may not be unique if the word

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formation of the term belongs to one direction of science and its characteristics belongs to another.

In this regard, ‘culinaronym’ is no exception because this term consists of the root ‘culinary-’ and suffix ‘-ym’; it has the same pattern with the other terms related to the onomastics (such as anthroporonym, toponym, etc). Consistently, some studies about culinary names have affirmed that ‘culinaronym’ is the term of onomastics (Kovalev & Kozhevniko, 2018; Bektasheva, 2018). Meanwhile, some studies on the same topic suggest that culinaronym has no relation with the ‘onomastics’ (Ashenkova, 2012) because it is regarded as a thematic group (Bakhtina, 2007) which gathers lexicons on the same topic (Kremenetskaya, 2009).

However, in one of our studies, it has been proven that culinaronym does not belong to the onomastics branch (Phan & Shaklein, 2019). If there is a relationship between ‘culinaronym’ and ‘onomastics’, it is that they have the same pattern in forming their terms.

In 2015, the dictionary about food vocabulary and their metaphor compiled by Borovkova and her co-authors (Borovkova et al., 2015) reveals that with regard to the inner word form, some traditional Russian culinaronyms imply culinary features that cannot be understood in modern Russian language due to the long-term existence of those lexicons. From this dictionary, the original meanings of traditional Russian culinaronyms are shown in the table below:

Until recently, the nature of this term had not been properly studied in Russian linguistics.

Table 1.

Traditional Russian culinaronyms and their original meanings (made by the authors’ this article) Traditional Russian culinaronyms Печенье Варенье Щи Баранка Блин Калач Пряник Сухарь Борщ Окрошка

The table shows that traditional Russian culinaronyms relates to culinary characteristics which can be found in some modern Russian culinaronyms. The etymological aspect of traditional Russian culinaronyms can play a key role in pointing out the component structure in modern Russian culinaronyms.

The study about Russian culinaronyms by their structural analysis is unexplored due to the fact that this object may be partly found in some studies on culinary context. In current Russian studies, culinaronym is considered as an obligatory part of culinary recipes (Tayupova et al., 2019). In these studies, the name of the dish is considered as the title name of an article that introduces the recipe (Moisenya, 2018; Tayupova et al., 2019). With regard to the meaning of culinaronyms, studying recipes as a kind of intimate communication has shown that the part of the dish's name is usually based on the model such as ‘only people + the name of the food’ or ‘the name of the food + the proper name

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Inner meaning’s word Cooking method Cooking method Taste Cooking method Ingredient Form Taste Cooking method Ingredient or colour Cooking method

of the person’ (Shipilova, 2018). Moisenya was thirsty more broadly the meaning of the culinaronym such as composition, shape and color (Moisenya, 2018). Meanwhile, Lazeeva sheds light on a variety of meanings in the context of cooking magazines: processing, shapes, utensils, authors' name, names of place, time and borrowed word (Lazeeva, 2016). A study on the semantic structure of the name of the dish conducted by Novikova et al. (2019) has shown that culinaronym is a word combination containing many elements. An overview of the study about culinaronyms in food journals shows that culinaronyms is only a small object of those studies due to which they are not systematically described. The advantage of these works lies in the fact that the basic meanings have been pointed out by the meaning contained in culinaronyms. Most previous researches do not highlight the elements included in culinaronym systematically and make correlations between those elements.

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46 the lexical and sematic meanings of culinaronym emements is used.

Methodology With the descriptive qualitative method, namely component analysis, we have determined the culinaronym components occurring in modern Russian culinaronyms, such as ‘Gold menu from our readers’ Золотые рецепты наших читателей, ‘The school for chefs’ Школа кулинара, ‘Michael’s kitchen’ Кухонька Михалыча and ‘The matchmaker in the kitchen’ Сваты на кухне. Then, the elements pointed out from the first step are classified by their thematics. Along with lexical meanings, other linguistic tools, such as semantic, syntactic features, metaphor, personalization, will be used to show all the culinaronym components in the naming of Russian dishes. In order to clarify special phenomenon between language and food, the study also considers the other parts of the recipe such as authors' commentary, images and cooking methods. To show out the relation of pointed elements the compare method between

Results and Discussion Elements in Russian culinaronyms After conducting a survey of the modern Russian culinaronyms, the elements discovered are given below: (1) Group of culinary components.

The first group is classified as an elementary group of components in modern Russian culinaronyms because they properly reflect the nature of these components related to the kitchen.

Based on the components of traditional Russian culinaronyms (shown in table 1) and some preliminary results of culinary studies, the components in modern Russian culinaronyms were identified in this study as follows:

Table 2.

Group of cuisine components in modern Russian culinaronyms (made by the authors’ this article) Component

Ingredient

Form

Cooking method

Color

Stiffness

Filler food

Taste

Culinaronyms ‘судак в сметане’ ‘морепродукты с рисом’ ‘баранина по-мароккански’ ‘кроличьи ножки в сметанном соусе’ ‘куриные голени на картофельнокукурузной подушке’ ‘пирожки-поласатики’ ‘триуголки с мясной начинкой’ ‘блинные мешочки с грибами’ ‘рисовые палочки’ ‘курица, тушенная с овощами и сметаной’ ‘жареный минтай в сырной панировке’ ‘банановый торт без выпечки’ ‘хлеб с жаренным луком’ ‘телятина духовая’ ‘Яблоневый цвет’ ‘зефир розовые облака’ ‘изумрудный город’ ‘зеленый борщ’ ‘хрустяшки с пылу с жару’ ‘шарики-хрустярики’ ‘сырные хрустики’ ‘лимонные хрустики’ ‘телятина под пелым соусом с рисом’ ‘свиные ребрышки в томатном маринаде под йогуртовым соусом’ ‘галета с пикантной свеколькой’ ‘кисло-сладкие ребрышки’ ‘аппетитные колобки’ ‘пикантная стружка’

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Translation Pikeperch in sour cream Seafood with rice Moroccan lamb Rabbit legs in sour cream sauce Chicken drumsticks on a potato-corn pillow Pies-polasatiki Triangles with meat filling Pancake bags with mushrooms Rice sticks Chicken stewed with vegetables and sour cream Fried pollock in cheese breading Banana cake without baking Bread with fried onions, Oven veal Apple blossom Marshmallows pink clouds Emerald city Green borsch Crunchy with heat Balls-crunchy Cheese crunchy Lemon crunchy Veal in a ripe sauce with rice Pork ribs in tomato marinade with yogurt sauce Biscuit with spicy beetroot Sweet and sour ribs Delicious koloboks Spicy shaving

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The components in this group sound very familiar because they occur in names of some dishes we enjoy daily. Element group of components has in every language in the world.

The connection between the components in this group is the physical and chemical properties used in food processing. If you compare the changes of these components with those in traditional culinaronyms, it can be assumed that the two culinaronym systems have the same semantic culinary meaning such as method cooking, form and color. However, the advantage is in favor of modern Russian culinaronyms because they also reflect the external factors influencing the culinary life in the different stages. These changes inside the system of naming dishes help make sense to their own language.

Analysis of culinary components shows that the author of culinaronyms used special linguistic methods to specify the culinaronym and to express the basic components related to the cuisine.

(2) Time component Based on the results of the component in the name of Russian food, it shows the following meanings of time.

Speed: The component referring to the speed in cooking indicates the shortest time to make a dish. This is shown by the vocabulary in this group which appears in the Russian culinaronyms as follows: скорый ‘fast’, экспресс ‘speedy’, быстрый ‘fast’. The frequency of these words is relatively high so that they can form a naming model for dishes that can be prepared quickly. In order to illustrate the above, the following examples can be consider as they demonstrate the name of the dish with the component of time: экспресс-картошечка ‘express potato’, салатик Простой ‘salad Simple’, ленивая пицца ‘lazy pizza’, ленивые пельмени‘lazy dumplings’, быстрый салат с креветками ‘quick salad with shrimps’, ленивые хачапури ‘lazy khachapuri’, ленивые вареники с картофелем ‘lazy dumplings with potatoes’ and салат Простушка ‘salad Prostushka’.

In addition to the words expressing fast cooking, in Russian culinaronyms, the cooking speed is also expressed from the semantics perspective under the consideration of the cooking comment accompanied with the recipe. Thereby, we have determined this group of lexicons implying speed: простой ‘simple’, простейший ‘simpler’

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and ленивый ‘lazy’. Obviously, if exposed to these words for the first time, the reader will find it difficult to grasp the meaning as well as the intention of the name. The discovery of this culinaronym element is based on the comment in the recipe (as in the case of простой, простейший) (Phan, 2019).

Cooking duration: This component represents the exact time it takes to cook a dish. The advantage of this component is that it reminds the chefs to make that dish in the recommended time because it is the ideal duration for the preparation of the dish; that is to say, the time recommended in the name will help perfect the dish, while helping cooks to improve the technical skills to be able to perfect the dish during preparation. In Russian, this time component can be found in the following names: 15 минут 8 часов ‘15 minutes 8 hours’ and that name is interpreted as follows (15 minutes for preparation and 8 hours for tempering). For суточная ‘one day and night’, the time in these culinaronyms is the time taken to marinate the salted fish before use.

Mealtime: This component implying the time for having a meal can be shown in the following culinaronyms: сытный ужин ‘hearty dinner’, багет - утренний хит ‘Morning hit - baguette’, завтрак бульбаша ‘breakfast bulbasha’, суп Вечерний ‘soup Evening’. It can be noted that the lexicons used in these names represent the time of the day or the mealtime. For example: завтрак ‘breakfast’, обед ‘lunch’, ужин ‘dinner’, утро ‘morning’, день ‘lunch’, вечер ‘evening’. The use of this component in the culinaronyms reflects compliance with the necessary nutritional values in each dish because adherence to diet and health values is a prevalent trend in many parts of the world, including Russia (Smirnova, 2016).

(3) Human component Human-oriented component is a matter of interest in many scientific areas. From a linguistic perspective, humans are a very important element in the study, formation and contrast of linguistic elements (Zolotova et al., 1998). With regard to Russian culinaronyms, there are facilities that reflect the human element which expresses the subjectivity in the language.

As is known, proper names in culinaronyms, appearing in numerous studies in different languages, is not a new phenomenon in Russia because in the 19th century, some Russian culinaronyms had proper names in their naming patterns. For example: ‘Napoleon cake’, ‘Befstranov’, ‘Guriev porridge’, ‘salad Olivie’,

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48 ‘salad Sezar’, ‘Soup Peter I’. The culinaronyms are recorded to show the relevance of the figures mentioned in the name that are very popularity not only in Russian society but also in some Western countries. Meanwhile, nowadays, there are a lot of Russian culinaronyms containing proper names. For example: Шарлотта от Татьяны ‘Charlotte from Tatiana’, торт Надежда ‘cake Nadezhda’, Медовухи от Юляши ‘Mead from Julia’ and салат Лекин ‘salad Lekin’. These proper names in culinaronyms denote names of authors who want to share their recipes with others.

People tend to eat together instead of having meals alone. Therefore, each person's eating space is associated with the other members of his or her family such as parents, siblings, spouses and children (Ishige, 1987). This relation has been recognized in Russian culinaronyms when the dish was introduced as a shared memory with family members. This phenomenon is reflected in the following Russian culinaronyms: суп довольный муж ‘a satisfied husband’s soup’, сырные мишки для внучат ‘cheese bears for grandchildren’, мамин борщ ‘mother’s borsch’, папина радость ‘father’s joy’, бабуленькин пирожки ‘grandma’s pies’, торт для папули ‘cake for daddy’, тушенная по рецепту свекрови ‘stewed according to the recipe of mother-in-law’, пирож как у мамы ‘cake like mum’s’ and кулич как у мамы ‘Easter cake like mom’s’.

Analysis of the human element in modern Russian culinaronyms has shown the roles of the human element in the culinary context as follows:   

Individual inherited cooking results (food); Individual food preparation; and Personal recipe infusions.

(4) Free component (author component) The interesting thing about analyzing the components in modern Russian culinaronyms is to point out a special component which is called free component or an author component, as they share the personal messages that authors want to convey to the reader; these are not related to the components listed above. From a linguistic perspective, the difference in this component is that it contains syntactic features expressed as predicate relation, exclamation marks (question marks, exclamations). This component breaks down the notion of traditional naming which includes words or phrases. Through the use of free component in modern Russian

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culinaronyms, the authors are able to express their individuality and their own emotions from the messages. Here are some examples of Russian culinaronyms containing free components: знакомая незнакомая ‘unfamiliar acquaintance’, счастье бульбаша ‘bulbash happiness’, с легким паром! ‘with light steam!’, Ешь и хочется ‘Eat and want more’, угощу я целый цвет ‘I will treat the whole world’, лето красное, будь со мной! ‘summer red, be with me!’, крокеты необычные ‘unusual croquettes’, торт не надо до слёз ‘cake, no need to shed a tear’, всегда удачный ‘always successful’, симсим, откройся! ‘sim-sim, open!’, и моё сердце замерло! ‘and my heart froze!’, улыбайся! ‘smile!’, спасение хозяек ‘saving the hostesses’ and свиcтать всех на палубу! ‘hang everyone on the deck!’.

By using syntactic features to name dishes, the author conveys emotions to the reader as well as a special message (it can be a culinary fact or non-culinary one). Moreover, the emotions conveyed in those culinaronyms are positive and optimistic and reflects the spirit of cooking (Jurafsky, 2014). Generally, ‘individual’ naming aims to get positive expectations and culture surrounding the object (Dohra et al., 2020).

Culinaronym elements and their general qualities Firstly, it can be noted that culinaronym component, being a separate sematic part, refers to culinary process or its related features. In modern Russian culinaronyms, culinaronym component can constitute the following: group of culinary component (ingredient, form, cooking method, color, stiffness, filler food and taste), time, human and author component. This classification is both reasonable and complete, reflecting each individual feature of the elements.

The previous studies about culinaronyms only listed the names of the elements but were not generalized into separate factors. Accordingly, in this study, the characteristics of the groups of elements included in modern Russian culinaronyms have been generalized. The elementary group of components includes elements that are only determined in cuisine.

Although, in this study, time and the human factor are conditionally related to the content of food, they are two multidisciplinary factors. This is the reason why they are arranged as pragmatic ones. As for the author component, it is different from the other elements in syntactic function, as using the element of author leads to transmitting emotions to readers.

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Secondly, with regard to linguisitc tools used to identify the components of culinaronyms, we realize that these elements are also manifested by other language means such as metaphor and personality. This makes a difference compared to other studies on culinaronyms researched by Tayupova et al. (2019), Moisenya (2018) and Lazeeva (2016). The factors in these studies were determined by the lexical or semantic meaning of the components.

Meanwhile, diversification of language tools has shown the expression of style in modern Russian culinaronyms in which occur the other language means such as semantics and metaphors.

On analyzing the personification in Russian culinaronyms, one can distinguish such groups of adjective referring to human’s character. For example: умный пирог ‘smart cake’, весёлые рожицы ‘funny faces’, опьяняющая корочка ‘intoxicating crust’, умное соленое пирожное ‘smart salty cake’, умные блинчики ‘smart pancakes’, пьяные ребрышки ‘drunk ribs’, весёлые горки ‘funny slides’, хитрые котлеты ‘cunning cutlets’, etc. In these examples, it can be noted that adjectives are used to describe the human character. The use of adjectives in Russian culinaronyms is associated with certain recognizable meanings. Therefore, this allows us to set the following nominations related to culinaronym components:

Table 3.

Adjectives with personalization in modern Russian culinaronyms (made by the authors’ this article) Culinaronym component equivalent

Smart

Cooking method

Drunk

Ingredient

Funny

Form

Cunning

Cooking method

The most commonly used artistic method in the name of food is a metaphor. Metaphors can be found in some modern Russian culianronyms such as солнце на ладони ‘the sun in the palm of the hand’, солнце на тарелке ‘the sun on the plate’, рассвет на островах ‘the dawn on the islands’, мишка в джакузи ‘the bear in the jacuzzi’, рулет: кошачий глаз ‘roll: cat's eye’, ласточкино гнездо ‘swallow’s nest’ and коровки на лугу ‘cows in the meadow’.

Moreover, in Russian culinaronyms, there is another type of metaphor called ‘false’ or ‘zero’.

For example: улиточка из пряного сала ‘spicy lard’, икра из баклажанов ‘eggplant-caviar’, огуречная икра ‘cucumber-caviar’, салат-икра ‘caviar salad’, мясные улиточки ‘meat snails’,

Interpretation Positively unexpected, spontaneous effect appearing in the process of cooking.

The composition of the dish includes an alcoholic drink.

The visual effect of the dish causes a comic feeling.

This is a signal that indicates a metaphor for the transition of culinaronym component.

шоколадная колбаса ‘chocolate sausage’. Unlike the usual metaphor, certain ingredients in these culinaronyms are ‘false’ because they are not in the dish itself. The essence of this metaphor lies in the fact that the ingredients named in the culinary names are absent, playing the role of attracting readers’ attention. In culinanonyms such as ‘eggplant-caviar’ and ‘cucumber-caviar’ there is no caviar, but these dishes are made in the form of caviar. According to calinaronym’s component, ingredients such as caviar do not fulfill the nominative function of the composition but of its external form. From this, we can derive the following definition of the ‘zero metaphor’: a ‘false’ or ‘zero’ metaphor is the transfer of a culinaronym’s component to another one (most often from the ingredient to its appearance).

Table 4.

Types of metaphor in modern Russian culinaronyms (made by the authors’ this article) Type Indicator An image compared to a subject image in a dish Type of lexem in culinaronyms Way of formation

Normal metaphor

False or zero metaphor

Similarity in form

Similarity in form

All lexicons refer to concrete things except products

Only lexicon meaning products

Transferring a name from one subject to another

Transferring a name from one component to another or one culinaronym to some component.

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50 Thirdly, the correlation of the components in Russian culinaronym is shown as follows: the culinaronym can be a combination of components, including at least one ingredient, the same thing was found in the study of the elemental name analysis by Novikova et al.

(2019). It can be noted that the same lexicon can play different components in different culinaronyms due to a special language tool or changes of words (zero metaphor). In one culinaronym, the component can refer to an ingredient, but in another one, it can denote the shape of a dish. Rotating components can also be found in some Russian culinaronyms that include proper names. Due to the long development process in language, proper nouns, such as Napoleon or Sezar, have been generalized nouns.

This phenomenon conditionally happens with proper nouns in which case a proper noun is transformed into a common noun (Podonskaya, 1988). Another reason why these nouns become common nouns is that when these dishes become popular, copying the food-related phenomena is

also defaulted as a general phenomenon. For example, the word Napoleon is also used to describe the shape of food such as Napoleon salad. The phenomenon of using a person’s name as a common noun also appears in Russian culinary magazines.

Finally, one lexicon can have double components in itself. For examples: завтрак за 10 минут ‘breakfast for 10 minutes’ and ужин за 20 минут ‘dinner for 20 minutes’. In these culinaronyms, breakfast and dinner conditionally belong to the time component, mealtime to be exact. At the same time, these lexicons also relate to the culinary component due to the fact that in context of culinary magazines, these culinaronyms can be understood as the food prepared in the particular time (short period of time, in this case in). The meaning of the name of such dishes refers to the physical element more than it does the meal itself. Therefore, some components in culinaronyms can share the same lexicon in a single culinaronym.

Figure 1. Types of lexicon with culinaronym component.

Conclusions Culinaronyms in culinary magazines is becoming more and more diverse in content and form as cohesion is being created between the author and the reader. The language in these culinaronyms represents a breakthrough in conveying messages, as they tend to convey emotions. This shows that they have broken the rule in naming the traditional culinaronyms. Despite the diversity and abundance of quantity and content, the culinaronyms are still clear and systematic because it is manifested by the clear and

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independent existence of semantic-structural components within modern Russian culinaronyms. Thus, this research has identified the following components in modern Russian culinaronyms: the group of culinary components, time, people and authors' component. Theoretical findings of culinaronym’s components can make the language of culinary deep and contribute to naming objects. Moreover, their sophistication and creativity lies in the fact that they can interact and interchange with each other thanks to the combination of language and cuisine. This combination can lead to various effects such as

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amusing, attention seeking and surprising. It can be said that in the field of naming dishes, this study is a systematic analysis about culinaronym components, each of them has their own culinaronym meaning under the correlation.

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Golarch, M. (2004). Text types and the history of English. Mouton de Gruyter Ishige, N. (1987). The emergence of homo sapience as a convivial animal. The Courier, UNESCO, 18-21.

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Khlobkin, V. V. (2000). Cuisine’s century.

Polifact publisher. https://www.google.com/search?q=%D1%85% D0%BB%D1%91%D0%B1%D0%BA%D0%B 8%D0%BD+2000+%D0%BA%D1%83%D1%8 5%D0%BD%D1%8F+%D0%B2%D0%B5%D0 %BA%D0%B0&safe=strict&sxsrf=ALeKk00W MHmAiW7rpTpGmP8V4ngYXhDSA%3A1622240595792&ei=U22xYNLyL8_ 3rgSIq7zgDA&oq=&gs_lcp=Cgdnd3Mtd2l6EA EYAjIHCCMQ6gIQJzIHCCMQ6gIQJzIHCCM Q6gIQJzIHCCMQ6gIQJzIHCCMQ6gIQJzIHC CMQ6gIQJzIHCCMQ6gIQJzIJCCMQ6gIQJxA TMgkIIxDqAhAnEBMyCQgjEOoCECcQE1A AWABg4IQLaAFwAHgAgAEAiAEAkgEAm AEBoAEBqgEHZ3dzLXdperABCsABAQ&scli ent=gws-wiz Kovalev, E. D., & Kozhevnikov, I. R. (2018).

Features of names of dishes in restaurant menus in Chinese. Philological Sciences: theory and practice, 7(85), Part 2, 329-333.

Kremenetskaya, I. V. (2009). Thematic group as a paradigmatic union of words. Lingua mobilis, 3 (17), 94-98. https://linguamobilis.ucoz.ru/2009/2009-317.pdf Lazeeva, N. V. (2016). Structural and linguistic features of culinary recipes of the cookbook “Cooking for Friends” of Ramsey”. Innovative Science, 3(15), 176-179.

Leonova, A. I. (2003). Linguo-culturological specifics of the culinaronyms. (dissertation for a scientific degree Ph.D) Tver state University, Russian. https://newdisser.ru/_avtoreferats/01002617219.pdf Milică, I., & Guia, S. (2017). Culinary recipes: orality and scripturality (I), Diacronia, 5 (23 martie), A71 (1–13), https://doi.org/10.17684/i5A71en Moisenya, V. V. (2018). Structural features of the text of the culinary recipe. Community of sciences. Baranovichi-2018. 12-14.

Novikova, O., Garipova, G., & Izimarieva, Z. (2019). Nominations of Molecular Cuisine Dishes: Lexical, Syntactic and Semantic Analysis. Space and Culture, India, 7(3), 215223. https://doi.org/10.20896/saci.v7i3.542 Pavlovskaya, A. V. (2016). Russian cuisine in the context of globalization. History of food and traditions. Food of the peoples of the world, 1124. (materiales del II Simposio Internacional. La Universidad Estatal de Moscú lleva el nombre de M.V. Lomonosov; Centro para el Estudio de la Interacción de Culturas; Academia de Ciencia y Cultura Gastronómica, Russian)

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52 Phan, N. S., & Shaklein, V. (2019).

Culinaronym, The Term And Concept. Future Academy, 2596-2601. https://doi.org/10.15405/epsbs.2019.12.04.348 Phan, N.S. (2019). Representation of time in Russian culinaronym. Philology science. Issue of theory and practice, 12(9), 171-174. https://doi.org/10.30853/filnauki.2019.9.34 Podonskaya, N. V. (1988). Dictionary of Russian Onomastic terminology. Publisher Science.

Protsenko, E. A., & Zhivokina, M. A. (2015).

Interaction between russian and english as a bilateral vector of linguistic exchange. Russian linguistic bulletin, 1(1), 4-5.

Ratmayr, R. (2013). Russian Speech and Market: Traditions and Innovations in Business and Everyday Communication. Languages of Slavic culture. Editorial YASK Shipilova, M. V. (2018). Oral culinary recipe as a genre of home communication.

Siberia_Lingua: electronic scientific journal, (2), 92-101.

Smirnova, G. E. (2016). Vegetarianism in Russia: History and Modern Tendencies. History of food and traditions. Food of the peoples of the world, 123-134.

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Tayupova, O. I., Ravilova, R. R., & Salimyanova, G. R. (2019). Structural and linguistic features of recipes from the perspective of intercultural communication. Communicative units in the light of modern scientific paradigms, 121-127. Collection of materials of the AllRussian scientific and practical conference with international participation, dedicated to the 80th anniversary of Doctor of Philology, Professor, Honored Scientist of the Republic of Bashkortostan, Honorary Worker of Higher Professional Education of the Russian Federation Kildibekova Tanzili Askhatovna. Executive editor R.A. Gazizov. https://www.elibrary.ru/item.asp?id=41539493 Tsujimura, N. (2018). Recipe Names as a Gateway to Interpersonal Communication.

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DOI: https://doi.org/10.34069/AI/2021.41.05.5

Legal aspects of the cryptoassets market and its possible threats to the national security of Ukraine and Poland Правові аспекти ринку криптоактивів та можливі загрози національній безпеці України та Польщі Received: May 6, 2021

Accepted: June 3, 2021

Written by: Svitlana Oleksiivna Kostenko10 https://orcid.org/0000-0001-5156-7291 Vitalii Ananijovych Strilchuk11 https://orcid.org/0000-0002-6403-0351 Roman Fedorovych Chernysh12 https://orcid.org/0000-0003-4176-7569 Anna Josypivna Buchynska 13 https://orcid.org/0000-0001-6348-299X Andrii Volodymyrovych Fedoronchuk14 https://orcid.org/0000-0001-7238-0303 Abstract

Анотація

The article studies the mainstreaming of the crypto assets’ market legal regulation on the example of Ukraine and Poland. Specifically, the notions “crypto currency” and “virtual currency” are analyzed. On the basis of dialectical method and of critical analysis of research literature, regulatory legal acts, etc. the impropriety of the stated notions’ use is proved, especially as concerns the legislative level; the specifics of the stated categories’ legal status is defined; the necessity and practicality of special regulatory legal acts approval in this sphere on the level of Ukraine and Poland is determined, for effective rights’ exercising of the corresponding relations participants, including constitutional rights.

Simultaneously, the article provides the grounds for inacceptability of adoption by Ukraine and Poland of the crypto assets’ market development by means of impelementation of varios benefits (preferences) for this market participants, because this can threaten the ecological, energy, information, and in total, national security of the given states.

В статті досліджується проблематика правового регулювання ринку криптоактивів на прикладі України та Польщі. Зокрема, аналізується поняття “криптовалюта” та “віртуальна валюта”. На підставі критичного аналізу наукової літератури, нормативно-правових актів тощо доводиться некоректність вживання вказаних понять, тим більше на законодавчому рівні; визначається специфіка правового статусу зазначених категорій; доводиться необхідність та доцільність прийняття спеціальних нормативно-правових актів у даній сфері на рівні України та Польщі задля ефективної реалізації прав учасників відповідних відносин, у тому числі конституційних. Водночас, у статті обґрунтовується неприйнятність сприяння Україною та Польщею розвитку ринку криптоактивів шляхом застосування різного роду пільг (преференції) для учасників ринку, оскільки, вказане може загрожувати екологічній, енергетичній, інформаційній та, в цілому, національній безпеці вказаних країн.

Ключові слова: віртуальна валюта, криптовалюта, національна безпека, екологічна безпека, енергетична безпека, інформаційна безпека.

Keywords: virtual currency, crypto currency, national security, ecological security, energy security, information security.

Ph.D, Аssociate Рrofessor Department of Science of Law Polissya National University, Zhytomyr, Ukraine.

Ph.D, Аssociate Рrofessor Department of Science of Law Polissya National University, Zhytomyr, Ukraine.

12 Ph.D, Аssociate Рrofessor Department of Science of Law Polissya National University, Zhytomyr, Ukraine.

13 Ph.D, Аssociate Рrofessor Department of Science of Law Polissya National University, Zhytomyr, Ukraine.

14 Ph.D., Lecturer at the Department of Constitutional, International and Administrative Law Educational and Scientific Law Institute of Precarpathian National University named after V. Stefanyk, Ukraine.

10 11

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Kostenko, S.O., Strilchuk, V.A., Chernysh, R.f., Buchynska, A.J., Fedoronchuk, A.V. / Volume 10 - Issue 41: 54-64 / May, 2021

Introduction The international experience analysis of financial systems’ establishment and functioning shows that there appear a number of multifarious questions as to the mainstreaming of cryptocurrency introduction; these questions give rise to heated discussions in many countries of the world. Specifically, these are the issues concerning its legalization, legal status and even determining and development of methods to avoid the threats to states’ national security.

Thus, for instance, it is worth noting that such a well-known programmer and co-founder of Microsoft Company as Bill Gates, who knows computer programming and algorithms exceptionally well, is sure that the development of crypto currency market is dangerous (Еpravda, 2018).

Instead, a considerable number of globally famous actors, politicians (Ukrainian ones including (Еpravda, 2017), scholars (Iansiti and Lakhani, 2017, 118-127), etc. highlight its introduction into national financial systems and practically use crypto currency. So, what are the merits and demerits of crypro currency, the difficulties (even on international level) of its legal regulation, what is the legal status of crypto currency and which potential threats does it contain for states’ national security? In this research we intend to give answers to these questions and to others as well.

Hendrickson, J. and Luther, W. (2017), Chaplyan, S. (2018), Duchenko, M. and Pavlenko, T. (2018), Levchuk, C. (2018) and others.

Thuswise, each of the stated above groups of researchers studies the crypto-currencies’ market in one separate aspect, from the perspective of the interests of this or that scientific sophistication. Simultaneously, the suggested research is a complex one, as the attempt is made in it to analyze and unite the multifarious results obtained, and its final goal is obtaining objective, generalized and new conclusions.

Methodology The basis of the research methodology is the dialectical method of scientific sophistication and the method of complex analysis, which enabled considering and exercising the analysis of diametrically opposed views of various researcher groups as to crypto-currency and making new author’s conclusions.

With the help of the Aristotelian method and the method of legal norms’ interpretation, the sense and plot of the crypto-currency category was analyzed; it was established, that categorial clarification is needed for the name of the relevant phenomenon, especially at the statutory level.

Theoretical framework The issue of crypto-currencies’ functioning was studied in various aspects. Thus, researchers in the field of economics tried to explore whether it was economically beneficial to apply cryptocurrency on the market, whether it would facilitate the development of state economy.

Scholars in the sphere of law study the legal nature of the corresponding phenomenon, determine the risks, related to crypto-currencies’ application, introduce proposals as to the improvement of legal regulation of these legal relations.

Representatives of business companies, in their turn, exercise research of the ways of obtaining profits from operations with crypto-currencies, publishing relevant educational content, conducting trainings, etc.

So, among crypto-currencies researchers the following personalities can be specified: Rubanov, P. (2015), Piech, K. (2017), Nogacki, R. (2019), Nekit, K. (2018), Kravchuk, V., et al (2012), Kostyuchenko, V., et al, (2017), Kacwin, M. & Piech, K. (2017), Iansiti, M. and Lakhani, K.R. (2017),

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The comparative-legal method was applied in conducting the comparative analysis of the provisions of regulatory legal acts of the EU, Poland, Ukraine and other states, which determine the legal regulation of cryptocurrency..

Results and discussion Legal analysis of the “crypto currency” term Before starting the analysis of the given term, with consideration to the volume and subject of the research, we would like to present a brief definition of the “crypto currecncy” notion.

Crypto currency is a kind of digital assets, the functioning of which is provided by cryptographic methods and the blockchain technology.

It can be used to pay bills or transactions. At the same time, crypro currency has no central governing body. All operations are checked by the Blockchain network, that is, by other users.

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Each block consists of chain operations which are interconnected, that is why it is impossible to falsify or cancel an agreement. A crypto currency unit is a code which is produced as the result of complicated computer mathematic calculations.

The process of obtaining crypto currency is called mining. It is exercised with the help of expensive special computer equipment. Crypto currency can be exchanged with the help of crypto currency exchange board or via a crypto currency exchange office.

Having cleared the notion “crypto currency” in general terms, it is possible to pass directly to the analysis of “crypto currency” as a term. Before developing effective regulation of any relations, first it is necessary to correctly determine the definitions framework.

From the analysis of various research sources and web-based media a clear-cut tendency can be observed that the notion and understanding of cryptocurrency as virtual currency has stricken root. Besides, the notion of digital currency is often used as a synonym. In addition, while the mentioned notions are characterized, the notion of electronic money is often used. To clarify the suggested terminology, each of the mentioned terms will be considered in detail.

Thus, among the mentioned terms the notion of digital currency is the most general. Digital currency can operate as the means of digital expression either of virtual currency (non-fiat currency), or of electronic money (fiat currency), that is why it is often used as the synonym of “virtual currency” (GAFI, 2015, 51). Fiat (fiduciary) currency is understood as the type of money or currency, the value of which originates not from its own value or the exchange guarantee for gold or another currency, but from the state order (from Lat. Fiat – decree, order) to use it as the means of payment; that is, this is the money issued by the central bank or another institution, acknowledged by the state as the legal payment means and having no soecial intrinsic value (Kravchuk, Naumenko and Glybovets, 2012, 5).

To clarify other notions, official publications of international regulation and control bodies, as to this sphere, will be referred to, in particular, correcsponding EU directives, FATF (The Financial Action Task Force), EBA (European Banking Authority) documents, etc.

According to DIRECTIVE 2009/110/EC, “electronic money” means electronically, including magnetically, stored monetary value as represented by a claim on the issuer which is

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issued on receipt of funds for the purpose of making payment transactions as defined in point 5 of Article 4 of Directive 2007/64/EC, and which is accepted by a natural or legal person other than the electronic money issuer (Eur-lex, 2009).

The mandatory property of electronic money is that it belongs to fiduciary money, that is it must be recognized by the state as a lawful payment means, and the obligation must be established that it must be admitted in exchange operations like traditional banknotes and coins. Electronic money must be completely maintained by traditional money or by other readily obtainable assets, and on its owner’s demand it must be exchanged for usual money. Electronic money systems can be based on smart-cards’ use or on special software: electronic money of VISA Cash, Mondex card systems and electronic money of PayPal, GlobalMoney network systems.

In the majority of world states, electronic money emission is strictly controlled by the state, which determines the circle of subjects which are allowed to issue electronic money, as well as emission terms. For instance, in Ukraine the only electronic money producers are banks. Electronic money value can be expressed only in hryvnias (Rubanov, 2015).

According to EBA, “VCs are defined as a digital representation of value that is neither issued by a central bank or public authority nor necessarily attached to a FC, but is used by natural or legal persons as a means of exchange and can be transferred, stored or traded electronically.”

So, the European bank body expressly points out that virtual currency, unlike electronic money, is of non-regulated and decentralized character.

Further on this document reads that “VCs not issued by a central bank or a public authority, nor necessarily pegged to a fiat currency. This element of the definition differentiates VCs from FC issued by central banks or public authorities.

Currency issued by a central bank or public authority is considered FC, regardless of its (physical or digital) form. The difference between electronic money and a virtual currency is that the latter is not necessarily attached to a FC, i.e. it does not have a fixed value in a FC and, furthermore, is not necessarily fixed to be redeemed at par value by an issuer” (EBA, 2014, 11).

The said above gives grounds for the conclusion that virtual currency may be convertible and non-

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56 convertible. In more detail as to virtual currency kinds, it reads in FATF REPORT Virtual Currencies Key Definitions and Potential AML/CFT Risks: “All virtual currencies shall be conveniently classified into convertible and nonconvertible currencies. Convertible (or open) virtual currency has an equivalent value in real currency and can be exchanged back-and-forth for real currency. Examples include: Bitcoin; eGold (defunct); Liberty Reserve (defunct); Second Life Linden Dollars; and WebMoney.

Non-convertible (or closed) virtual currency is intended to be specific to a particular virtual domain or world, such as a Massively Multiplayer Online Role-Playing Game (MMORPG) or Amazon.com, and under the rules governing its use, cannot be exchanged for fiat currency. Examples include: Project Entropia Dollars; Q Coins; and World of Warcraft Gold. … All non-convertible virtual currencies are centralised: by definition, they are issued by a central authority that establishes rules making them non-convertible. In contrast, convertible virtual currencies may be either of two sub-types: centralised or decentralised.

Centralised Virtual Currencies have a single administrating authority (administrator) - i.e., a third party that controls the system. An administrator issues the currency; establishes the rules for its use; maintains a central payment ledger; and has authority to redeem the currency (withdraw it from circulation). Examples: E-gold (defunct); Liberty Reserve dollars/euros (defunct); Second Life “Linden dollars”; PerfectMoney; WebMoney “WM units”; and World of Warcraft gold.

Decentralised Virtual Currencies (a.k.a. cryptocurrencies) are distributed, open-source, mathbased peer-to-peer virtual currencies that have no central administrating authority, and no central monitoring or oversight. Examples: Bitcoin; LiteCoin; and Ripple” (FATF, 2014).

Thuswise, having clarified essential details of the following categories as “digital currency”, “virtual currency”, “electronic money” and crypto currency”, and having revealed differences between them, it is considered practical to conduct a more detailed analysis of the “crypto currency” category on the example of officials documents of relevant international organizations. Thus, the EBA document reads that “… the usage of the term ‘currency’ is misleading for several reasons, including the insinuation that it is therefore exchangeable

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against other currencies, which may not necessarily be the case” (EBA, 2014, 11).

In “Opinion of the European Central Bank” one can read about some remarks as to “virtual currency” definition. Thus, “virtual currencies” “do not qualify as currencies from a Union perspective 9. In accordance with the EU Treaties and the provisions of Council Regulation (EC) No 974/98, the euro is the single currency of the Union’s economic and monetary union, i.e., of those Member States which have adopted the euro as their currency10. Consistent with the approach, which has either already been adopted, or is currently being considered, by other jurisdictions regulating virtual currency exchange platforms, including Canada, Japan and the United States, the ECB recommends defining virtual currencies more specifically, in a manner that explicitly clarifies that virtual currencies are not legal currencies or money” (ECB, 2016, 3).

In the document “Virtual currencies and central banks monetary policy: challenges ahead”, issued by the A Policy Department on demand of the European Parliament Committee on Economic and Monetary Issues in 2018, a similar idea can be traced: “The term “virtual currency” might be misleading, suggesting that a VC is a sovereign currency issued by a public authority such as a central bank and is officially recognised as a legal tender in at least one jurisdiction. 1 Instead, they represent a form of private money” (Europarl, 2018).

Hence, international financial organizations admit, that such notions as “crypto currency” and “virtual currency” are inadvisable and misleading. The reason of the application of specifically this misleading notion is clear; it was done for marketing purposes. Indeed, a potential user, on hearing the word “currency”, has a certain confidence level as to this unit on a psychological level, as currency, on the example of euro, is accepted and exchanged by everybody. That is why the words “crypto currency” or “virtual currency” produce an already wrong impression as to their essence. A peg to the word “currency” in the name serves a kind of advertisement for expanding the volume of financial operations connected to corresponding units, and this is a fraudulent means of mass influence. So, the mentioned above international public documents emphasize the necessity of applying more exact notions to name the relevant phenomena. However, the difficulty in renaming of already rooted notions under consideration is that the developer of the

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relevant units, which has his authorship rights, finds the application of precisely these nominations beneficial, and it is impossible to influence his ‘creative process’ on legal grounds.

A single way out of this situation appears to be the non-use of such terms on the legislative level.

Thus, in our opinion, a good alternative for the notions “virtual currency” and “crypto currency” is “virtual assets” and “crypto assets” correspondingly, which doesn’t result in their distorted understanding.

Thus, ESMA (The European Securities and Markets Authority) has already taken this way; specifically, in its report “Advice. Initial Coin Offerings and Crypto-Assets” the term “CryptoAssets” was used (ESMA, 2019), which supports the practicability of our suggestion That is why, it is deemed expedient to introduce changes on the international legislative level into corresponding regulatory legal acts and change the notion “virtual currency” into the notion “virtual assets”, in particular, in the Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU (Eur-lex, 2018). Actually, in the context of the said above, in the further research the term “crypto assets’ will be used.

Mainstreaming of determining crypto assets’ legal status on the examples of Ukraine, Poland and EU Internationally, a single special regulatory legal act, allowing standardizing legal regulations of the corresponding market on regional levels, is absent. That is why, states consider crypto assets, from a judicial standpoint, according to their own vision, which, on reviewing the relevant global practice, is rather unhomogenious. For instance, in Canada crypto assets are placed at the same footing as non-material assets, in Argentina - as money and goods, in China – as virtual goods, etc. (Bank, 2017). On the one hand, the absence of a unified global approach makes defining of crypto assets’ legal status on the states’ level difficult, including Ukraine and Poland.

However, on the other hand, it is wrong to consider the absence of a unified regulatory legal act in the EU, regulating the crypto assets-related activity, to be a demerit, considering the following. The stated position in this issue is chosen deliberately; indeed, as early as in January 2016, at the public hearing which took

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place in the European Parliament as to digital currencies, it was resumed: the situation related to digital currencies must be watched continuously; there is “no special hurry” in regulating financial products connected to digital currencies; hence, it is worth refraining from direct regulation of crypto assets (Eurasiancommission, 2017, 5). The stated results are most probably connected with the fact that crypto assets are not secured whatsoever (neither with money, not with goods, nor by the state) and are in fact something like a soap bubble which can burst any moment. One of the leading American bank holdings Morgan Stanley expressed its opinion on this point: “A real value of a bitcoin can be equal to a zero, if nobody adopts this technology for exercising payments” (Eurasiancommission, 2017, 1).

The truth of this statement is supported by statistics: thus, in June 2012, when there was no demand for crypto assets, a bitcoin value in relation to a dollar was $5, and in 2017 there was the climax of biscoin value growth, as 1 bitcoin cost nearly $17746; however, in 2018 a decrease of demand for bitcoins was marked, which influenced its value, and 1 bitcoin cost $ 3209 (Myfin, 2019).

So, this is the reason why there is no need for international regulation of this activity. Thereat, the EU’s intrusion limits to the adjustment of crypo assets’ market functioning to current norms of opposing legalization (laundering) of illegally gained incomes and financing terrorism, and also to customer warning as to risks related to purchasing, owning and operating virtual assets.

In considering of the foregoing, and also of the fact that neither Poland, nor Ukraine has adopted a special regulatory legal act regulating the crypto assets’ market, to determine crypto assets’ legal nature on the level of the mentioned states these assets should be analyzed through a lens of corresponding legal branches, specifically of civil law and fiscal law branches.

It must be noted first of all that generally states keep aside from state legal regulation of civil law aspects of crypto assets’ markets functioning, but concerning the fiscal branch the situation is the opposite one. This can be explained by the fact that generally civil law aspects of crypto assets’ markets functioning concern exclusively players on the crypto assets’ market and their risks, but they do not touch upon state interests. However, the same cannot be said about the fiscal sphere, as states do not want to lose the state budget

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58 profit in the form of corresponding taxes.

Actually, this is the reason why mostly states regulate only the fiscal sphere of crypto assets’ markets.

At present, the relevant issue as to VAT in the territory of the EU is regulated and unified, as in the case of Skatteverket v David Hedqvist (Case C-264/14) the Court of Justice of the European Union established in its decision that operations with virtual currencies (crypto currencies) shall be safe from VAT. Consequently, this decision is mandatory for the Polish Republic. Not for Ukraine, though. And indeed, the Court of Justice of the European Union is the internal legal body of the European Union. It is worth noting, however, that the decision of the Court in the case of Skatteverket v David Hedqvist is grounded on the provisions of the Directive 2006/112/EU on the common tax system as to added value. In Ukraine, the provisions of this Directive must be implemented during 5 years from the date the Agreement on the Association of Ukraine with the EU enters into force (KMU, 2011), that is, after its ratification in 2022.

Nevertheless, even under the current Ukrainian legislation, operations connected with crypto assets’ sale cannot be subject to VAT, because a VAT subject shall be pegged to a delivery place which must be situated in the Ukrainian customs area (P.1, Art.185 of the Tax Code of Ukraine); but it is impossible to define the placement or the delivery place of crypto assets.

So, notwithstanding the differences in legal approaches in Poland and Ukraine, the activity connected to crypto assets’ sale is VAT-free. The situation with the profits tax is quite different.

Thus, in Poland a general consensus is adopted, according to which any activity connected to crypto assets’ mining shall not be subject to the profits tax. And indeed, crypto assets, obtained in the process of mining, do not meet the definition of profits according to tax rules. That is why it is correct to state that virtual currencies’ mining does not generate any tax liabilities (Nogacki, 2019).

Instead, in Ukraine there exists the legal vacuum as to this question. Thus, the State Fiscal Service of Ukraine (hereinafter – SFS) in its individual tax consultation № 282/К/99‑99‑13‑01‑02‑14/ІПК, dated 25.01.2019 stated that as the order of tax practices with cryptocurrency is not established by the fiscal legislation rules, providing an individual tax consultation as to the issues of the stated rules’ practical application is impossible.

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So, miners are exercising their activity at their own risk and peril. Ukrainian lawyers tend to think that mining should be given the same status as entrepreneurial activity, as it is obtaining the profit from such activity in the future that encourages a person for exercising mining (Art.42 of the Commercial Code of Ukraine).

And this is the reason why a miner must pay the profits tax. By the way, in 2014 in the USA a manual was published in which crypto assets were given the same status as private property, and operations with it must be subject for taxation (and mining in particular) (IRS, 2014).

It appears that each state has its valid position as this issue is concerned.

As to the profit tax for crypto assets’ sale, the positions of Poland and Ukraine in this point coincide, and it is collected in accordance with the usual procedure.

As concerns a civil law aspect of determining crypto assets’ legal nature, the analysis of research and judicial literature gives grounds for the conclusion that Ukrainian researchers are of the unanimous opinion to acknowledge crypto assets as objects of the ownership right (and an object of the civil right, accordingly). Despite various approaches as to determining a special object, which has the properties similar to crypto assets, the majority of law researchers tend to think that in a civil law aspect crypto assets, under certain conditions, possess the features of property (Nekit, 2018, 42; Ukrainepravo, 2018; CDN, 2018, 15).

Besides, in the case of Beyeler v. Italy (Judgment of the ECHR, Beyeler v. Italy, 2000) observed that “the notion ‘property’ in Art.1 [Protocol 1 to the Convention] has an autonomous meaning which is not limited to property for physical things. It is independent of formal classification in the national law: some other rights and interests, which assets constitute, can be considered as the property right and, in this respect, as ‘property’ in the context of this provision”.

It seems obvious that with the development of new technologies the civil law theory must develop and update, considering present-day tendencies. And indeed, it appears sensible for civil law scholars to consider a new conception acquiring more and more popularity and suggesting that new civil law objects should be singled out, specifically, the “virtual property”, which embraces electronic data stored in computers or the Internet network, and includes electronic mail, digital photos, electronic bank

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account statements, domen names, online bills, etc. (Chaplyan, 2018). It is considered, that crypto assets can also be included into the virtual property list.

In Polish private law science, it is also recognized that according to Art.44 of the Civil Code digital currency is a form of property (“Property is belongings and other property rights”) (Piech, 2017, 53).

As with any property, certain risks are characteristic of crypto assets, which are related to such authorities as the right of possession, the right of use and the right of disposition.

However, it is worth observing that the risk level, characteristic of crypto assets, is much higher than that of other property kinds, as, for one thing, the crypto assets’ market has no regulatory and legal environment. Thus, for instance, in 2016 the Darnytsia District Court of Kyiv brought on a case as to transmission of natural goods obligations (Verdictum, 2016). The plaintiff and the defendant entered an agreement on Bitcoin exchange for works (software development and creation). The plaintiff fulfilled his agreement terms, while the defendant failed to transmit the Bitcoin amount, as was stated in the agreement. The plaintiff appealed to the court, claiming the violation of his rights. But the court did not satisfy the plaintiff’s claim, grounding its decision on the fact that the plaintiff had wrongly defined his court defense method: according to the national legislation, the Bitcoin digital product has no product attributes.

Hence, the plaintiff failed in defending his violated right.

It is worth noting that the plaintiff failed to defend his violated right in the Kyiv Court of Appeal as well. Because of the fact that the stated court agreed with the first-instance court position and confirmed that Bitcoin is not a thing, as understood under Art.179 of the Civil Code of Ukraine, it has no material world attributes and Bitcoin is not a product. Besides, Bitcoin has no property right’s attributes (Reyestr, 2016).

So, because of the legal uncertainty of the crypto assets’ market in Ukraine, and consequently, difficulties in the court defense of the market members’ rights, the latter have no guarantee as to the due court defense of their rights.

Beside the stated facts, the crypto assets’ market possesses its own risks. Thus, while exercising operations with crypto assets, there is no mechanisms of operation cancelling, so crypto assets can be returned only by the receiver

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(owner). In addition, the electronic payment has no retroactive force; it cannot be frozen or blocked. Potential customer risks also include a broad range of price fluctuations per a crypto assets’ unit (statistics was introduced above).

However, despite all this, the crypto assets’ market continues being in considerable demand both in Ukraine, and in the whole world. So, it can be concluded that this market is developing and it requires no permission from the state for its emission, legalization and so on; it exists beyond legislation in Ukraine, as well as in most states in the world. Crypto assets’ exchanges can be regulated, as it is done in the USA, it is possible to grant licences for funds and other organizations working with crypto assets, but crypto assets themselves, in their essence and worldwide, are not controlled and not regulated (Kostyuchenko, Malinovskaya and Mamonova, 2017). Certainly, the crypto assets’ market can be prohibited within one state, if it is recognized illegal and severe sanctions can be implemented.

Thus, in Bangladesh, for example, those caught using bitcoin could spend up to 12 years in prison (Hendrickson and Luther, 2017, 188-195).

However, such severe methods in world politics as to the crypto assets’ market are rather an exception than a rule, and neither Ukraine, nor Poland belong here.

That is why the states where the crypto assets’ market is in function, should recognize them as digital (virtual) assets, regulate the taxation system for crypto assets’ operations, introduce the methodology of maintaining records of these operations, and also determine within the regulatory legal framework their definite civil law status, for effective realization of consumers’ rights for court defense.

Potential threats to ecological, energy, information and, generally, national security of states as the result of crypto assets’ market incentivization Alongside the need of the state-level determination of crypto assets’ status, there appears another logical question: should the states, applying legal means, incite the development of the crypto assets’ market; indeed, quite a few economists consider that the stated developed market can put on a whole new quality level both economic entities and states on the whole (Kacwin and Piech, 2017; Duchenko and Pavlenko, 2018)? Thus, for instance, up to recent time, the Draft Law on Incentivization of the Market of Crypto currencies and Their Derivatives (the Draft was withdrawn on

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60 29.08.2019) was registered in Ukraine, under which the establishment of allowances for electricity bills for miners was presumed, with the taxation of the corresponding activity, etc. At present, a draft law on crypto currency taxation № 2461 is registered, under which a 5% profits tax rate is suggested for physical entities for crypto assets’ sale, for a 5-year term. To compare: for the majority of citizens the profits tax rate for physical entities is 18%.

To give an unambiguous answer to the stated above question, these mainstreams should be considered from a transcendental position, in the aspect of long-term perspectives. And indeed, only such approach gives the possibility to observe that the crypto assets’ market incentivization bears the threat to ecological, energy, information, and generally, national security of the state.

The threat to ecological safety of the states consists in the following. In 2015 at the UNO summit, the Resolution was approved and 17 Sustainable Development Goals were adopted.

Among other things, the Resolution read about the sustainable development provision in its three dimensions - economic, social, and ecological – to be conducted in a balanced and complex manner … as social and economic development depend on the rational use of our planet’s natural resources. As to the issue of our interest, this idea finds its explanation in Goal 12, where the following task is established: to rationalize the non-effective subsidy of fossil fuels’ use facilitating its wasteful use … aimed at considering its effect on the environment …

(United nations, 2015). In other words, the Resolution states clearly, that the use of fossil fuels has a negative effect on the environment, that is why its wasteful use must be minimized.

The matter is that mining requires a tremendous amount of energy, and the majority of this requirement in electric energy during mining is covered with the help of electric current, generated from fossil fuels. More than a half of bitcoin mining infrastructure is concentrated in China, the power industry of which depends mostly on coal (Saakov, 2017). Hence, the crypto assets’ market incentivization will not provide any sustainable development in three dimensions – economic, social and ecological – and, consequently will contradict the UNO Sustainable Development Goals.

As to the threat to states’ energy safety, it is worth to note the following. Despite the fact that Iceland, due to its cold climate and its numerous

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renewable energy sources (mostly geothermal and hydro-electric energy sources), is a global mining leader, and this explains the location of one of five global Mining Farms in its territory, this state faced the energy safety threat problem.

Thus, within the recent years in Iceland the functioning of great centers of information processing and crypto currencies mining was organized. Considerable reserves of the state’s energy resources started to be used on the stated above activity.

According to Snorri Sigurbergsson, the leader of Hitaveita Sudurnesja Company, in the nearest future the electric energy consumption by mining centers can climb above the energy consumption of the whole population of the state (Levchuk, 2018). In China, too, crypto assets’ mining began to influence negatively general indices of energy consumption. Thus, in some regions the demand on electric energy grew rapidly. Considering this fact, the leadership of the state approved the decision on limiting the electric energy delivery when it was used for mining (Vishnevskiy, 2018).

During 2017, in the course of bitcoin mining more electric power was consumed than, in the average, by 159 world states (Rethink, 2018). As of July 2019, in the global scale, only bitcoin mining required the use of electric power in the amount, equal to general requirements of the population and industry of Switzerland – about 60 terawatt-hours, which constitutes more than 0.2% of globally produced energy (UNIAN, 2019).

Summing up, the conclusion can be made that with each coming year the stated problems will become more and more topical. This is determined by the growth of the miners’ number, which, in its turn, will lead to the complexity of mathematical problems, the work of energyintensive equipment and, as the result, to the growth of consumed electric power amount.

Actually, this is the reason of the situation that if on the level of states, the mechanism of incentivization of the crypto assets’ market development is fixed, the states like Ukraine or Poland, where the level of alternative energy sources development is not satisfactory, will face a real threat of their states’ energy safety.

As to information safety, during 2017-2020 in Ukraine the growth of illegal activity is marked in the direction of creating information safety threats with the use of cyber-attacks. Thus, viruses like “WannaCry” and “Petya.A” were distributed by hackers, which in Ukraine were

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aimed at activity blocking and information obtaining which circulated in governmental and commercial structures. Resulting from realized attacks, during various periods the activity of such structures as Boryspil Airport, the ChNPP, Ukrtelecom, Ukposhta, Oshchadbank, Ukrzaliznytsia, Ukrenergo, etc. was blocked. The attacks took place while the software was being updated; as the result the changes introduction was exercised into system libraries of Windows operational system and the so-called ‘back-door’ was created.

The problem issue of discovering and neutralization of the mentioned above viruses is the fact that they do not block the PC work. Their main target is engagement of calculating technique into mining. Besides, the said above does not exclude the possibility of copying the PC data and documents placed on it, with the following transferring them to relevant ftpservers.

Threats to national security in Ukraine, as well as worldwide, are essential in the extreme, considering terroristic activity. At present, an important task for the national security bodies, specifically, of Ukrainian ones, is opposing the financial support of such activity. However, the issue of opposing virtual assets’ use for terroristic activity financing is rather a complicated, and sometimes, an unrealistic task. This is conditioned by the anonymous character of the relevant operations, the impossibility of blocking them, etc. (Onyshchuk, Petroye and Chernysh, 2020). Sometimes such activity is successful.

However, discovery and accountability for perpetrators of financing terrorism by means of crypto assets’ use is rather an exception than a rule, and notably, in the global scale. This is indeed the reason, that, understanding the threat to the national security of states and the whole world, the Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018, amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU were adopted (Eur-lex, 2018).

Of interest is the proposition of the French economist Thomas Piketty, who suggested that the European Union and America should implement a financial assets’ register, which will enable tracing the property owned by definite persons, including electronic assets, with the purpose of fighting against fraud and tax evasion

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(Piketty, 2014). Developing his thought, it should be noted that the creation of such global register seems to be an unlikely task and the one which can arise a number of disputable questions, including those in the sphere of law. However, the creation of a global register exclusively for crypto assets for opposing funds legalization and terrorist financing, with consideration to a high criminality rate related to the crypto assets’ market, appears to be quite a sensible idea, which should be implemented into practice.

The idea as to opposing funds’ legalization and terrorist financing, suggested by a froup of authors, appears to be sensible too; it consists in creating a system of automated teller machines for exchanging crypto assets, which could provide transparency and customer identification, as well as in the suggestion to define a client’s reliability considering transactions’ limit amounts (Vovchenko, Tishchenko, Epifanova and Gontmacher, 2017, 40).

Conclusion Hence, taking all these points together, the following conclusions can be made. Ukraine and Poland should determine the crypio assets’ legal status on the legislative level for exercising constitutional rights of the crypto assets’ market participants, and namely, those under which human and citizen’s rights and freedoms shall be defended by court (Art. 55 of the Constitution of Ukraine), nobody shall be unlawfully deprived of the property right, the right for provate property shall be inviolable (Art. 41 of the Constitution of Ukraine) The corresponding constitutional rights are provided in each democratic state.

On the legislative level the terms “crypto currency” and “virtual currency” should be forbidden for use, as they make a false impression as to their essense. And this is why changes should be introduced to previously approved regulatory legal acts of the EU, as well as of Ukraine and Poland, where the notions “crtypto currency” and “virtual currency” are enshrined, substituting them with the terms “crypto assets” and “vitual assets’ accordingly.

Simultaneously, states should safeguard their sovereign national interests. That is why, despite certain possibilities – short-term investment perspectives for a state while the crypto assets’ market is developing, - the stated market incentivization on the legislative level must be approached carefully, as the consequences of such actions can have a negative impact on

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62 ecological, energy, information and, generally, national security of states, specificallyas concerns both Ukraine and Poland.

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%D0%BC%D0%B5%D0%BD%D0%B4%D0 %B0%D1%86%D1%96%D1%97%20%D0%B C%D1%96%D0%B6%D0%BD%D0%B0%D1 %80%D0%BE%D0%B4%D0%BD%D0%B8% D1%85%20%D0%BE%D1%80%D0%B3%D0 %B0%D0%BD%D1%96%D0%B7%D0%B0% D1%86%D1%96%D0%B9/rek%202.pdf Hendrickson, J. and Luther, W. (2017). Banning bitcoin.

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DOI: https://doi.org/10.34069/AI/2021.41.05.6

Modern demands of education quality management in a higher education institution Сучасні запити управління якістю освіти у закладі вищої освіти Received: April 5, 2021

Accepted: May 7, 2021

Written by: Serhii Dieniezhnikov15 https://orcid.org/0000-0003-3289-8399 Liubov Pshenychna16 https://orcid.org/0000-0002-2840-2189 Dmitro Kozlov17 https://orcid.org/0000-0003-1875-0726 Olena Kozlova18 https://orcid.org/0000-0003-1626-5188 Abstract

Анотація

The article is devoted to the analysis of modern demands of education quality management in the conditions of higher education institution operation. The methodological basis of the study is the concept of management, based on a system of philosophical and general scientific doctrines about the quality of education and its specifics in higher education, the concept of personalityoriented learning, systems theory, modeling and development. The authors systematized methodological approaches to modeling the quality management system of education in higher education. The study developed a model of quality management, which is presented at the levels of: subsystems of management approaches, theoretical and methodological foundations, the value of the components and factors of education of different nature; defined a system of principles of internal quality management of higher education, aimed at performing a regulatory function at the general scientific, strategic, practice-oriented, technical, specific scientific and factor levels; an algorithm for building an education quality management system in a higher education institution is presented. It is shown that the quality management of education should be carried out at levels that ensure the manufacturability of the process, the possibility of its improvement with

Стаття присвячена аналізові сучасних запитів управління якістю освіти в умовах роботи закладу вищої освіти. Методологічною основою дослідження виступає концепція управління, заснована на системі філософських та загальнонаукових вчень про якість освіти та її специфіку у закладах вищої освіти, концепції особистісно-орієнтованого навчання, теорії систем, їх моделювання та розвитку. Автори систематизували методологічні підходи до моделювання системи управління якістю освіти у закладі вищої освіти. В дослідженні розроблено модель управління якістю, яка представлена на рівнях: підсистем управлінських підходів, теоретичних та методологічних основ, ціннісної сутності компонентів та факторів освіти різного характеру; визначено систему принципів внутрішнього управління якістю вищої освіти, цілеспрямовану на виконання регуляторної функції на загальнонауковому, стратегічному, практикоорієнтованому, технічному, конкретно-науковому та факторному рівнях; представлено алгоритм побудови системи управління якістю освіти у закладі вищої освіти. Показано, що управління якістю освіти має здійснюватися на рівнях, що забезпечують технологічність процесу, можливість його вдосконалення з подальшим аналізом отриманих результатів і прийняттям відповідних управлінських рішень.

15

PhD in Philosophy, Associate Professor of Department of Management of Education and Pedagogy of Higher School, Sumy Makarenko State Pedagogical University, Sumy, Ukraine.

16 PhD in State Management, Professor of Department of Management of Education and Pedagogy of Higher School, Sumy Makarenko State Pedagogical University, Sumy, Ukraine.

17 DSc in Pedagogy, Associate Professor of Department of Management of Education and Pedagogy of Higher School, Sumy Makarenko State Pedagogical University, Sumy, Ukraine.

18 PhD in Pedagogy, Professor of Department of Management of Education and Pedagogy of Higher School, Sumy Makarenko State Pedagogical University, Sumy, Ukraine.

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further analysis of the results and the adoption of appropriate management decisions.

Ключові слова: методологія, якість освіти, управління якістю освіти, заклад вищої освіти.

Keywords: methodology, quality of education, education quality management, institution of higher education.

Introduction The most important indicator of the effectiveness of investment in education is its quality. And since the main potential of innovative development of Ukraine is concentrated in higher education institutions and its level is directly determined by the quality of higher education, one of the main directions of modernization of education in Ukraine is the development of variable models of quality management in higher education.

Since the problems of quality of education in modern society are very important in terms of training a competitive specialist, optimizing the management of the educational process, as well as entering the international market of educational services, the issues of forming a quality assurance system are especially relevant.

The concept of education quality management is a complex goal-oriented system of theoretical and methodological, technological knowledgemeanings, based on the principles of synergetic approach, accumulating promising areas of education based on understanding quality as a universal metafactor, allowing to integrate paradigmatic and partial subject knowledge into a single whole.

The decomposition of the goals of the quality management system of education in a higher education institution is presented at the level of general and partial goals, reflecting the strategic approach to continuous quality improvement, known in the theory and practice of quality management. Reliance on the philosophy of quality of education ensures the development of higher education institutions based on increasing innovation potential, which is based on the harmony and balance of change processes.

The purpose of the article is to describe the methodological principles of quality management of education in a modern higher education institution.

Literature Review The problem of effective management of higher education institutions in market relations

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becomes especially relevant with the emergence of new requirements for higher education institutions in the market of educational services and the labor market, a full participant in which is a modern educational organization and is studied in the works of O. Zabolotna (2014), N. Bilokonenko (2018), M. Us (2018) and others.

The processes of economic globalization, the problems of our state's entry into the international educational space require the solution of issues of systemic quality assurance of professional training in the conditions of higher education institution are investigated in the works of I. Annenkova (2010), O. Garashchuk (2019), L. Harutyunyan (2012), L. Pshenichnaya (2019).

K. Korsak (2020), N. Labus (2018) and B. Zhitnik (2020) search the correlation of target settings of development of higher education institution with the state educational policy.

Intensification of integration processes in the spheres of education, science, culture and production in the context of ensuring the quality of education and increasing the competitiveness of educational structures are analyzed in the works of V. Bilokopitov (2013), M. Korodenko (2019), D. Shulikin (2018) and P. Sikorsky (2019).

However, the work of these researchers does not show that higher education institutions have the following tasks: correlation of target settings for the development of higher education institutions with the state educational policy, one of the directions of which is to create a state system of quality assurance and evaluation; creation of mechanisms that ensure the quality of educational services provided by higher education institutions; intensification of integration processes in the fields of education, science, culture and production in the context of ensuring the quality of education and increasing the competitiveness of educational structures.

Without solving these problems, it is impossible to implement a program of modernization of the Ukrainian education system within the framework of a single socio-economic policy of

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the state, aimed at solving the problem of ensuring the quality of training of modern specialists.

Methodology Methodological and theoretical foundations of the study were: philosophical teachings about quality; theories of professional pedagogy, socialization and professionalization of the individual in the process of learning, integration and differentiation of professional training; concepts of development of education methodology; concepts of pedagogical design and modeling of educational systems and technologies; the concept of personality-oriented education and personality as the highest value; systems theory and principles of their modeling and development; general principles and patterns of management theory in social systems; ideas of management of educational process; the concept of general quality management; methodology of general qualimetry of education; theoretical bases of quality assessment of educational services; provisions on the essence of the pedagogical process from the standpoint of acquiring the properties of integrity, management of innovation processes; provisions on the principles of formation of the modern labor market and long-term needs for specialists.

Adhering to the strategic goal of the Bologna Process – improving the quality of higher education, increasing its competitiveness - it is important not to lose the rich experience that has been accumulated by domestic higher education institutions over its long history. We share the opinion of researchers that any participation of higher education of Ukraine in the Bologna process should be a factor in increasing and developing, rather than losing positive traditions and lowering national standards of its quality (Zhitnik, 2020).

All the above is a sufficient basis for active search and widespread implementation of effective ways to improve the quality of training in higher education institutions. The solution to this problem is seen in the institutional guarantee of the quality of higher education institutions.

This approach will allow each institution of higher education to actively and creatively address this issue.

Analysis of the practical activities of domestic higher education institutions allows us to identify the most common problems:  

Research methods: theoretical analysis of the research problem based on the study of philosophical, pedagogical and methodological literature; analysis of legislative and normative acts and documents, educational standards, qualification characteristics, etc. in order to study the nature and content of the quality of education, clarification of the requirements for its professionally significant characteristics; synthesis of theoretical ideas on the problem; socio-pedagogical modeling and pedagogical design; diagnostics of training quality; statistical methods of processing research results.

Results The current stage of development of national education is characterized by profound changes caused not only by socio-economic and political circumstances, but also by deeper general civilizational changes. A visible expression of the transformations of higher professional education is the growth of requirements for its quality, the intensification of competition in the market of educational services. Further ways of improvement underlie the development of the European space.

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there are no uniform requirements, criteria for quality management of higher professional education; unadapted transfers of the requirements of the international quality standards developed for the sphere of material production to the sphere of education are carried out; dominated by technologies aimed at obtaining quantitative results, the predominant actualization of external incentives for quality improvement, etc.; there is no single pedagogical concept of using a systematic approach to the design and management of educational systems (Plaskura, 2018).

In this regard, it is important to understand the main features of the system. In modern scientific research, this concept is interpreted as something whole, representing the unity of naturally located and interconnected parts. The system is a set of elements that are in relationships and connections with each other, which forms a certain integrity, unity. Thus, the main features of the concept of “system”, is the presence of a set of parts (elements), their regular location relative to each other, integrity. There is a need to consider the goals, objectives, set of functions, structure, its relationship between the components of the quality management system of education (Zabolotna, 2014).

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68 Given these requirements, we will consider the university system of education quality management as a system that promotes targeted impact on the educational process, capable of continuous development, focused on optimal creation of conditions for effective training of a competent specialist (Garashchuk, 2019).

Let's turn to the characteristics of the university system of education quality management: 



  

in the presence of interaction with the environment – open, because “there is a constant exchange of information with the environment”; on the ability to distinguish between real systems (objects, phenomena, processes) and systems that are certain reflections (models) of real objects – abstract; in the presence of constancy of the state of the system in time – dynamic; in the presence of the main body – centralized; in the presence of the purposes of functioning – artificial (Us, 2018).

Essential properties in accordance with the representation of the education quality management system as a semantic model can be conditionally classified not only by the level of complexity, but also by belonging to the systemforming (system-wide), structural or functional groups (Labus, 2018).

Let’s highlight the main system-wide properties for the university system of education quality management: 

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integrity – the education quality management system covers all components of the training process – goals, content, technology and results; relationship – quality indicators in each group, is a prerequisite for determining quality indicators in another group, with links between groups of indicators direct and inverse; dynamism – indicators in each group are constantly changing, while influencing each other (Bilokonenko, 2018).

stages of professional training of graduates, taking into account the needs of secondary schools, individuals, society as a whole (Shulikin, 2018).

Development and improvement of the education quality management system is carried out on the basis of standards, the characteristic features of which are the application of process approach, documentation management, implementation of TQM principles, building organizational structure, conducting internal audits, selfassessment of higher education institution and its structural units.

The application of the process approach involves the scientific substantiation of processes, identification of the input and output of the process; development of its stages, definition of control measures, methods of measurement and analysis of quality characteristics (Korsak, 2020).

As the main processes in the context of our study, we have identified six basics: marketing, design and development of educational programs, admission of students, implementation of basic educational programs, educational and extracurricular work with students, research and development.

All quality management system procedures are documented. The list of required documents is presented in four levels.

The first level. Conceptual documents: “Quality Policy”, “Mission and Vision of a Higher Education Institution”, “Quality Objectives’, “Concept of Higher Education Institution Development”, documents describing the education quality management system, “Guidelines for the quality of a higher education institution (structural units)”.

The second level. Documented methods: documented methods of management at the level of higher education institution (structural units): documentation management; record management; internal audits; corrective and preventive actions.

The education quality management system has a purposeful nature, which determines the need to identify the main objectives of its activities.

The third level. Management documentation that ensures the effectiveness of the management cycle: administrative, regulatory, training, information and reference documentation.

The purpose of the university quality management system is to ensure compliance with the results of higher education institutions to the established requirements of the standard at all

The fourth level. Reporting documentation: records on the results of internal audits of the education quality management system, analytical

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reports of the monitoring department, information and analytical bulletins, questionnaires of students, teachers, employers, for which the higher education institution prepares graduates.

Highlight the principles that must be considered in the process of education quality management.

An analysis of the scientific review suggests that one of the system-forming factors, the “categorical framework”, which carries large prognostic functions, are the principles of the system. They, being the “basis of the system”, as regulators, set the “course” of the processes.

In our study, we will consider the principles as axiomatically given starting points, corresponding to the essence of the effective formation of the competence of future graduates.

Under the general principles of quality management, we will take into account the generally accepted principles of quality management in management theory: customer orientation, leadership, staff involvement, process approach, systematic approach to management, continuous improvement, factbased decision making, mutually beneficial relationships with suppliers (partnerships with educational institutions) (Korodenko, 2019).

Addressing the idea of improving the quality of education in higher education institution in the analysis of modern approaches allowed to formulate their own empirically developed principles that can form the basis of constructive predictive scientific theory of management in education not only technological but also humanitarian institutions of higher education: principles of integrated approach, coherence of actions of subjects of educational process, humanization, development and selforganization of management system of quality of education, objectivity and completeness of information (Garashchuk, 2019a).

The development of an education quality management system should be level-organized.

We fully share the view of the simplest hierarchy in the system: the control and managed subsystems. It is important to determine the purpose of the function of each subject of the educational process, the criteria for the quality of their activities.

The accumulated practical experience allowed to distinguish the organizational structure, which can be considered as a set of hierarchically structured components from the position of the manager (Academic Council of Higher Education Institution, Rectorate, Department of Education Quality Monitoring) and managed subsystems (faculties, graduating and interfaculty marketing department, institutions where the practice is carried out) (Annenkova, 2010).

Management of the quality of education at the university is carried out taking into account the criteria, which covers in unity both the quality of the result and the quality of the process. Criteria of quality of result of educational process allow to define a level of preparation of future graduates, and criteria of quality of process – to carry out coordination of activity of all subjects of educational process on realization of purposeful influences on process.

Let’s define activity of subjects in the field of quality of education taking into account procedural and result characteristics: 

Quality management is a multicomponent pedagogical phenomenon of complex nature, which is an integrative integrity and has structural levels of its organization. On this basis, we can identify the functional and organizational structure of the university system of education quality management (Pshenichnaya, 2019).  The functional structure is a dynamic integrity, integrating the interaction of two subsystems: procedural (target, content, technological, organizational, resource support) and the resulting (control and evaluation of the quality of graduate training) (Sikorsky, 2019).

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Rectorate. Quality activities: defining the strategy of the higher education institution; program development in the field of quality; designing a strategy and policy in the field of quality for the structural units of the institution of higher education. Quality criteria: result: compliance of student training results with the requirements of state educational standards; meeting the needs of “stakeholders”: students, their parents, employers; high rating among other higher education institutions; process: compliance with the actual quality of training of graduates of the desired (ensuring the quality of purpose, content, learning technologies).

Educational and methodical management.

Activities in the field of quality: adaptation of the requirements of the state educational standard in accordance with the specifics of the institution of higher education, the demands of the labor market. Quality criteria: result: representation in educational

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and methodical complexes of technologies of assessment of quality of preparation of students; process: compliance with basic educational programs, curricula; educational and methodical complexes, manuals to the state educational standards; organization of different types of practices.

Education Quality Monitoring Department.

Activities in the field of quality: general organization of monitoring research; analysis of the obtained results; preparation of proposals for the correction of the educational process for the administration; development of recommendations for structural units. Quality criteria: result: monitoring of the quality of the entrant’s potential; educational achievements of students in the periods of current, boundary sections; graduate training; identification of graduates’ satisfaction with the received education; process: the quality of the organization of the learning process: the provision of resources (educational and methodological, logistical, technological, etc.), identifying the conditions created for students, teachers; assessment of employers’ satisfaction with the professional competence of a young specialist.

Faculty. Quality activities: development of a program of measures in the field of quality in accordance with the strategy of the institution of higher education; organization of monitoring the quality of student training: analysis of the results (current, boundary, final control) of students’ academic achievements, their personal qualities; implementation of the management cycle at the faculty. Quality criteria: result: academic achievements of students of the faculty during the current control (intermediate certification), boundary control (results of sessions), residual knowledge of students (external verification during the Internet exam); process: coordination of actions of subjects of educational process at faculty; the quality of the organization of the educational process.

Chair. Activities in the field of quality: compliance with the requirements for the implementation of basic educational programs; correction of the content, methods and techniques of training in accordance with the results of monitoring; development of requirements for the quality of teaching disciplines; implementation of feedback in the process of student learning; quality control of the department by areas. Quality criteria: result: the quality of implementation of basic educational programs that ensure

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the competence of future professionals; monitoring the quality of teaching; compliance with the requirements of educational and methodical materials of the department; process: the quality of training of teaching staff for classes; quality of educational-methodical, material-technical, organizational support of educational process.

Student. Activities in the field of quality: participation in the assessment of conditions created for the study of students in higher education institution (quality of training, quality of teaching, satisfaction with the quality of education received, etc.). Quality criteria: result: competitiveness of the graduate in the labor market.

Education quality management should be carried out at a level that ensures the manufacturability of the process, the possibility of its improvement with further analysis of the results and the adoption of appropriate management decisions (Harutyunyan, 2012).

Technological bases of education quality management can be presented as wellestablished in management a certain sequence of stages: analysis, definition of management goals, planning, implementation, control, decisionmaking, correction, which are subject to training goals, mission of a particular higher education institution, which determines the features of the educational process and the nature of its educational environment (Bilokopitov, 2013).

Goal setting is crucial for all stages of the management cycle. The presented stages, successively changing each other, form a cycle of actions: the result of the last stage fills with the maintenance the following, efficiency of realization of one stage influences realization of the further (Boichenko, 2017).

Taking the classification of management functions, let’s change the order of their location and show their interdependence with the stages of the management cycle: 



The information-analytical function provides regular information on the quality of the educational process and analysis of the data obtained; Motivational-target function promotes the interaction of all subjects of the educational process, which allows the coordinated choice of goals at different levels of the hierarchy;

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 

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Planning and forecasting function helps to determine the prospects for the development of the studied object; Organizational and executive function contributes to the implementation of effective management on the basis of scientific organization of the management cycle; The control-diagnostic function provides a comprehensive assessment of the quality of education at all its stages using diagnostic methods; Regulatory and corrective function provides correction of education quality management

taking into account the principle of “decision-making based on facts”.

All management functions are closely related and reflect the logic of the quality management process of the educational process. Let’s imagine the stages of the management cycle, taking into account the relationship of the selected functions of education quality management in higher education institution.

Based on the above research, we can suggest the algorithm of the education quality management system.

The algorithm of the education quality management system can include in itself several components Content component formation of an idea of the quality of education; methodological approaches to quality assessment; analysis of the quality of education; determination of goals, objectives and directions; development of the Program of the university system for assessing the quality of education.

Management component public administration system; system of methodological activity; a system of socio-psychological, educational activities; system of control and evaluation, expert activities.

The technological component consists of invariant (regional, municipal) and variable (university) assessment technologies and can contain the following technologies technologies for accounting, processing and transfer of special management information (control and supervisory technologies). technologies for socio-economic monitoring of the quality of education (monitoring technologies). technologies for social and pedagogical monitoring of the quality of education (monitoring technologies).

The organizational and activity component of the university system for assessing the quality of education is formed on the basis of a system of indicators, a bank of diagnostic techniques, control and measuring materials, with the help of which: monitoring system. the system of social and pedagogical diagnostics. intraschool control system. the system of attestation of teaching staff. the system of public expertise.

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72 Discussion The results of the study are to develop an algorithm for building a quality management system for education, focused on innovative search and development of higher education, which increases the competitiveness of graduates in the labor market. The results of the study can be used in the construction of variable models of quality management at the institutional level. The reliability and validity of the main provisions and conclusions of the study is ensured by the research methodology, adequate to the subject, purpose, objectives, methodological positions, consistency in the implementation of theoretical provisions, parametric data, the effectiveness of the implemented quality management system at the institutional level. The results of the study can be used by managers and teaching staff of innovative educational institutions and higher education institutions for strategic planning of their activities; definition of the purposes, mission, prospects of development of higher school as the organization; creation of educational quality systems that reflect the specifics of the educational institution.

Conclusions The analysis of practical activity allows to draw a conclusion that the offered organization of activity on management of quality of educational process has necessary system, depth; allows you to correlate the real state of affairs with what was planned; timely make appropriate management decisions to correct the process of training future graduates in order to improve it.

In the future, it is planned to conduct selfassessment of quality models, assess the level of maturity of the education quality management system, which helps to determine the effectiveness of quality management of education in accordance with accepted standards and recommendations for quality of higher education in the European educational space.

It is promising to continue the study, taking into account the justification of the taxonomy of the goal for each stage of the management cycle, functions, monitoring methods, the activities of the subjects of the educational process, as well as regular internal quality audits.

The functioning of the quality management system of education in higher education is carried out in an appropriate information and analytical environment, which must meet the following requirements: the functioning and development

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of the system and all its elements is in full agreement with the functioning of interacting systems, thus achieving the expected goals; in the process of interaction, each system strives for self-survival and balanced development; the system maintains and enriches its own energy and information balance due to those systems with which it interacts with the help of stabilized feedback; elements of the system must be dynamic, be able to move from one state to another; the system must be focused on achieving a result sufficient for its operation and further development.

The great importance is the stability of the information environment (leveling entropy), provided by the presentation of formalized components of the quality management system based on the creation of information-analytical environment using modern educational technologies.

Bibliographic references Annenkova, I.P. (2010). Analysis of the main approaches to determining the quality of education. Pedagogical sciences: theory, history, innovative technologies, 4(6), 239–248, https://pedscience.sspu.sumy.ua/?page_id=1611 Bilokonenko, N. (2018). External Rating Evaluation as a Tool For Internal Quality Assurance System in Higner Education Institution. Pedagogical sciences: theory, history, innovative technologies, 10(84), 3–21, http://www.repository.hneu.edu.ua/bitstream/12 3456789/20515/3/Белоконенко.pdf Bilokopitov, V.I. (2013). Ensuring the quality of higher education: the European level of cooperation. Pedagogical sciences: theory, history, innovative technologies, 4(30), 85–93, https://repository.sspu.edu.ua/bitstream/123456 789/1974/1/Bilokopytov%20Vasyl%20Ivanovy ch.pdf Boichenko, M.A. (2017). Innovative approaches to ensuring quality of educational services for gifted schoolchildren in the USA, Canada and the UK. Actual problems of quality management of education: theory, history, innovative technologies: monograph, 35–70, https://pedscience.sspu.edu.ua/wpcontent/uploads/2020/02/монографія_2017_зві т.pdf Garashchuk, O. (2019). Challenges and risks on the way to quality education. Education management, 7, 26–45, http://www.osvitaua.com/shop/newspapers/uog/ uog-2019-007/ Garashchuk, O. (2019a). Effective management of quality of education in the conditions of

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decentralization: methodical aspects. Education management, 7, 54–65, http://www.osvitaua.com/shop/newspapers/uog/ uog-2019-007/ Harutyunyan, L.V. (2012). Profile training as a condition for improving the quality of education.

A gifted child, 10, 2–8, http://lib.ndu.edu.ua/cgibin/irbis64r_12/cgiirbis_64.exe?LNG=&C21CO M=F&I21DBN=KRZN&P21DBN=KRZN&S2 1FMT=&S21ALL=&Z21ID=&S21CNR=30 Korodenko, M. (2019). Alphabet for the director: the quality of education, prepared by M. Korodenko. Education of Ukraine, 31/32, 12 August 6. https://mon.gov.ua/storage/app/media/Serpneva %20conferentcia/Abetka_dlya_Dyrektora_2020 _compressed.pdf Korsak, K. (2020). Quality of education and standards in the XXI century: myths and realities: 7 countries took part in the measurements: Ukraine, Belarus, Bosnia and Herzegovina, Brune Darussalam, Morocco, Philippines and Saudi Arabia. High school, 1, 93–107, http://presa.ua/vischa-shkola.html Labus, N.A. (2018). Evaluating the quality of educational activities. School management, 31/32/33, 60–62, https://journal.osnova.com.ua/journal/1Управління_школою Plaskura, P. (2018). Assessing the Quality of the Didactic Process on the Dase of Its Monitoring With the Use of ICT. Pedagogical sciences: theory, history, innovative technologies, 2 (76).

185–197, https://library.sspu.edu.ua/wpcontent/uploads/2018/06/Ped_nauki_2_2018.pdf Pshenichnaya, L.V. (2019).

Innovative management is a complex component of the

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quality of education. Management of higher and secondary education: a monograph / ed. O.V. Mikhailichenko. Saarbrucken: LAP LAMBERT Academic Publishing, 37–77, https://repository.sspu.edu.ua/bitstream/123456 789/7699/1/Михайличенко%20О.%20Управле ние.pdf Shulikin, D. (2018). Quality monitoring.

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High school, 4, 7–21, http://library.sspu.edu.ua/wpcontent/uploads/2019/10/Navchalno-vyhovnyjproczes.pdf Us, M. (2018). Social Partnership as a Necessary Condition for Internal Education Quality Assurance in the Higher Education Institution.

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Educational Effectiveness Andquality Assurance in Alternative Education. Pedagogical sciences: theory, history, innovative technologies, 9(43), 224–237, https://library.sspu.edu.ua/wpcontent/uploads/2020/06/ped.nauky_2_2020.pdf Zhitnik, B.O. (2020). About existing traditional and alternative means of assessing the quality of education. School management, 19/21, 17–29, https://journal.osnova.com.ua/journal/1Управління_школою

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DOI: https://doi.org/10.34069/AI/2021.41.05.7

The strange case of Fyodor Dostoevsky and Robert Stevenson in the Victorian Age: A protest against the depersonalization Странный случай Федора Достоевского и Роберта Стивенсона в викторианскую эпоху: Протест против деперсонализации Received: May 2, 2021

Accepted: June 4, 2021

Written by: Alexander Kondratiev19 https://orcid.org/0000-0002-8355-0424 Olesуa Rudneva20 https://orcid.org/0000-0001-5676-7663 Andrew Tolstenko21 https://orcid.org/0000-0001-5611-9113 Abstract

Аннотация

In the article, the authors touch upon the problem of moral choice in the works of Dostoevsky and Stevenson. Comparative analysis showed that Dostoevsky's character strives more towards the ideal of all-humanity and to the deeds within the framework of Christian orthodoxy. In “The Double” Golyadkin who was rooted in the tradition of folk perception of the world, tries to preserve his moral look and attempts to reach a new level of self-determination. Stevenson created his own artistic version of the fate of the dual hero. The successful Dr. Henry Jekyll himself gave birth to Mr. Hyde to enjoy the fullness of sinful temptations, but life did not succumb to the presumptuous correction. The moral choice of the heroes of Dostoevsky and Stevenson, due to various reasons, to reach the heights of success and sink to the very bottom, testifies to the futility of claims to spiritual emasculation of a person and depersonalization in the bureaucratic world.

В статье авторы затрагивают проблему нравственного выбора в творчестве Достоевского и Стивенсона. Сравнительный анализ показал, что персонаж Достоевского больше стремится к общечеловеческому идеалу и поступкам в рамках христианской ортодоксии. В «Двойнике» Голядкин, образ которого укоренен в традициях народного мировосприятия, старается сохранить нравственный облик и пытается выйти на новый уровень самоопределения. Стивенсон создал собственную художественную версию судьбы двойного героя. Успешный доктор Генри Джекилл сам породил мистера Хайда, чтобы насладиться всей полнотой греховных искушений, но жизнь не поддалась самонадеянному исправлению. Моральный выбор героев Достоевского и Стивенсона достичь вершин успеха и опуститься до самого дна в силу разных причин свидетельствует о тщетности претензий на духовное выхолащивание человека и деперсонализацию в бюрократическом мире.

Keywords: anthropocentric, Dostoevsky, moral choice, self-determination, spiritual tradition, Stevenson, Victorian age.

Ключевые слова: антропоцентрический, Достоевский, моральный выбор, самоопределение, духовная традиция, Стивенсон, Викторианская эпоха.

Introduction The moral choice of Golyadkin from the Petersburg poem called “The Double” by Dostoevsky and Henry Jekyll from the short story called “The Strange Case of Dr. Jekyll and Mr. Hyde” by Stevenson due to various reasons – to reach the height of prosperity and hit rock

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bottom, unequivocally speaks for the inflexibility of the spiritual tradition, which fits into the context of modern challenges, and on the eve of the 200th anniversary of Dostoevsky and in the year of the 170th anniversary of the birth of

Docent, PhD, Lipetsk of State Pedagogical University, Russia.

Docent, PhD, Lipetsk of State Pedagogical University, Russia.

Docent, DSc, Lipetsk of State Pedagogical University, Russia.

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Stevenson, acquires the status of universal human values actualization.

In the context of the spiritual tradition of Russian culture, Orthodox in its origins and categories of national identity – the opposition of Law and Grace, coverage of the moral choice of Yakov Petrovich Golyadkin, who followed the apostolic instruction: “For there is a division in his mind, and he is uncertain in all his ways” (Jakob 1:8) he feels the lack of attention to himself. The hero rooted in the primordial worldview of the Russian people tries to preserve his moral, remaining himself – instinct with affection for his neighbors, and makes desperate attempts to reach a new level of self-determination in the house of the State Counselors, Berendeyev, a V class official, socially set by perverted criteria of successful becoming, however he, who did not hunker down to overcome his character, is expelled from there as an alien phenomenon. A titular advisor, IX class official, believing that the life is wide and he dares to go his own special path, is acutely experiencing the replacement of himself with a modeled copy unconditionally recognized by the people around him, but Golyadkin remains a person. And in this regard, the established stereotypical propositions about Golyadkin’s madness are groundless, which explains Dostoevsky’s interpretation of the short novel idea as light and conditional system of axiological concepts of Orthodox anthropology.

Stevenson created his own artistic version of the fate of the dual hero: Dr. Henry Jekyll himself gave birth to Mr. Hyde to enjoy the fullness of sinful temptations, but life did not succumb to the presumptuous correction.

The purpose of the study is the understanding as mastering the spiritual meaning of Petersburg poem called “The Double” by Dostoevsky and short story called “The Strange Case of Dr. Jekyll and Mr. Hyde” by Stevenson in the context of the Christian heritage of the cultural tradition of modern human.

Objectives: 1) pay attention to the undefined stereotype of judgments about works of literature that go back to socially denunciatory interpretations of intentions or abstract judgments about the original tragedy of human nature noted by the authors; 2) show the moral consistency of Dostoevsky’s hero, rooted in the spiritual tradition of Russian culture and who did not waste his energy in exchange for the dreamy

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achievements of self-determination; understand the meaning of Dostoevsky’s prophetic warning in terms of modeling selflessness and breaking with cultural and historical tradition, which poses a threat to modern humanity;}present the results of the spiritual biography of Henry Jekyll not nearly instinct with tragedy, but by the doctor’s victory over the satanic monster he created;}identify the unity of the artistic position of Dostoevsky and Stevenson in terms of the authors’ trust in the Orthodox tradition and the integration of their works into the modernity problems.

Theoretical Framework or Literature Review No intelligible attempts have been made to understand the nature of the ideological component of the short story called “The Double”, although there is the research thought to mastering the interpretation of the spiritual tradition of Russian culture in the writer’s artistic anthropology. Yesaulov (2017a) defined the vector of understanding as mastering spiritual phenomena that are growing with new meanings in time. According to Anisimov (2019), the artist, in the creative insight of the future, reveals the truth about the man and the world, which is hidden from his contemporaries or perverted to please the tempting seductions of social success.

Agranovich and Samorukova (2001) note the eschatological orientation of duality in the stories of Dostoevsky. Bakhtin (1979, 331) believed that the embodiment of the fiction concept ends in a large time. By this provision Yesaulov (2017b) and Osipov (2012) keeped up the formation of literary axiology, that the fullness of the semantic phenomenon is revealed only in the “large time”.

Zakharov (2013) derived the understanding of the short story called "The Double” to a new level – in the context of the spiritual tradition. Pointing to the amazing fantastic nature of the adventures of an unremarkable titular adviser, Belinsky (1956) emphasized that Dostoevsky's "Double" is open to problems of the future.

Gus (1971) denied human solvency to the Dostoevsky’s hero. Urnov (1993) supposed that the opposition to spiritual inertia, the need for independence, rebellion against the moral template and everyday conventions were very characteristic of Stevenson.

Some researchers believed that Stevenson’s story was inspired by the story of self-experimentation with drugs by Dr. Horace Wells (Vyas and Desai, 2015). Others considered the economic aspect of the novel, namely the ability of Mr. Hyde to pay

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76 off bills signed by Henry Jekyll (Wang, 2019).

Olsen (2016) mentioned William Wordsworth’s contribution in Stevenson’s writing. The novel influence on the Victorian Gothic literature was considered by Crystal (2018). He proved that the “doppelganger” or a double as a paranormal creature predicting the death of Henry Jekyll is an unappreciated character and almost a hero, referring to modern film adaptations and rethinking the antihero concept. Khanyutin (2003) investigated the discovery formulated by Stevenson in Jekyll's posthumous confession: “I realized that man is not really one, but binary ...

In my personality, I discovered the absolute and primordial duality of man in the sphere of morality”. In the novel “The Strange Story of Dr. Jekyll and Mr. Hyde”, a villain is born who matches the image of a barbarian monster. Mr. Hyde illustrates the terrifying potential of the beast within to emerge and reflects the fears of Victorian society in front of the possibility of human degeneration (Crystal, 2018). Hyde's body problem has often been associated primarily with atavism and degeneration. Welter (2016) expanded our understanding of “The Strange Story of Dr. Jekyll and Mr. Hyde” by examining the implications of Hyde's unique mobility.

A number of authors raised the issue of Dr. Jekyll's moral insanity (Davis, 2006; Dury, 2006; Efremov, 2006; Hirsch, 1988; Seixas Fernandes, 2010; Tropp, 1991). Some authors considered the problem, is it possible to count the murder committed by Dr. Jekyl as the crime (Frank, 2010; Veitch, 2012). Mitchell (2004) interpreted that Jekyll, although it is not capable of distinguishing the right from the wrong, nevertheless is responsible for his crime. Young (2012) discussed Dmitry Karamazov's question, “How will man be righteous without God?” In Afanassieff (1971) view, there is no room for law in the blessed life of the Church. The Apostle Paul highlighted the problem of law and grace quite clearly. “For through the law I died to the law, so that I might live to God... I do not reject the grace of God, for if righteousness were through the law, then Christ died for no purpose” (Gal. 2: 19-21). Death for the Old Testament Law is death for law at the same time. The New Testament is the Testament of Love. One who is in love cannot strive to expand his personality at the expense of other personalities, since Christ lives in everyone. The law, however, seeks to limit the personality, but it does not destroy selfishness. Therefore, a society based on human law always carries within itself the seeds of its decay, for it protects egoism, which constantly destroys any unity. The fate of the Tower of

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Babel is the fate of a legal society. The legal order is often gives way to a terrible disorder.

Colman (2015) argued that “The Strange Case of Dr. Jekyll and Mr. Hyde” by Robert Louis Stevenson reflected the medical discourse of the Victorian era. According to Gangnes (2017), Hyde's grotesque vision – frightening and unpredictable – became relevant to the Weimar Republic after First World War. As Crystal (2018) studied, the adaptations of Hyde's character transformed Hyde into a monster hero, including “The Incredible Hulk” by S. Lee and J. Kirby (1962), “The League of Extraordinary Gentlemen” by A. Moore and K. O'Neill's (1999-2009), S. Moffat's television miniseries “Jekyll” (2007), and C. Higson's tele series “Jekyll and Hyde” (2015). Adjusting Stevenson's novellas in Weimar Germany, Italian comics creators Mattotti and Kramsky combined key characteristics of Gothic and Expressionism and used Stevenson's novellas as a lens through which to comment on Weimar Germany. Like Stevenson, 19th century Australian writers explored atavism and reversion, using motifs and elements drawn from Gothic and popular crime literature to expose the viciousness of members of Australia's ruling classes (Maxwell, 2015).

Manfred (2017) discussed the original corruption of human nature. Stevenson used the colonial discourse of contracting a deadly infection as a symbol for everything that is destroyed (youth, innocence, joy, morality, as well as physical and spiritual health, including morality). Ganz (2015) believed that Stevenson considered Dr. Jekyll was guilty of murder. Emphasizing the universal significance of the fantastic experiment invented

by Stevenson, Lavrov (2003) wrote about the Russian influence on Stevenson's work. It was about archetypal plot models that made it possible to vary the theme of duality in a wide variety of ways. Gay (2018) and Young (2012) drew attention to the modernity of Stevenson's texts. His short stories fluctuate between realism, romance and fantasy.

The influence of Dostoevsky and Stevenson on world culture (Koshechko, 2019) can hardly be overestimated, as noted by the UN when it published “Top 50 Authors” in January 2019 – it is worthy of note that the classics of world literature are divided by only 10 positions. As well as the literary criticism did not spare the Stevenson’s short story. Amelina (2014), Manning (2018) concluded about the peculiarities of Stevenson’s anthropological ideas. They noted that the motive of duality is represented by the opposition of light and darkness in both external and internal space. The

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source of these ideas of Stevenson is the Christian doctrine of the soul. Dorofeyeva (2015), Romanova and Neliubina (2014) focused on the spiritual conflict in the Stevenson’s short story, which goes back to Dostoevsky’s creative quests, since there are no external factors that induce the hero to commit sacrilege. Stevenson's novel “The Strange Story of Dr. Jekyll and Mr. Hyde” is a well-known example of Victorian fiction. Shubh and Chakrabartie (2008) explored the novel from the point of view of dualism as a system of philosophy and a religious framework.

Methodology The research results were obtained after a theoretical review of modern publications on the topic under consideration. Then the general goal of the article was formulated to reveal the unity of the artistic position of Dostoevsky and Stephenson in the context of the Christian tradition. The authors also tried to answer the question of how the works of these authors are related to contemporary issues. Further, the following tasks were solved in the work: to analyze Dostoevsky's prophetic warning about the destruction of the personal values and a break with the spiritual tradition of Western European culture; to present the results of the spiritual biography of Henry Jekyll, who defeated the satanic monster he created; to show the moral essence of Golyadkin, and Henry Jekyll; pay attention to the fact that both heroes are rooted in the spiritual tradition of European culture. In the results of the study, the authors noted the tragic fate of the heroes, who decided to follow their moral choice and self-determination, guessing about the initial depravity of human nature (both are struck by madness). Dostoevsky described Golyadkin's madness and the development of his illness, which led to a conflict with his double.

The results of the spiritual biography of Golyadkin (the theme of duplicity and depersonalization in the bureaucratic world (Tolstenko, Baltovskij, & Radikov, 2019) unambiguously testified to the inflexibility nature of his character, but it was him, who resisted the seduction and the temptations of many doubles, and was sent to a madhouse. Dr. Jekyll is obsessed with an irrepressible passion for sinful temptations and pleasures (he killed Sir Danvers Garew), but it is he who separated himself from his double Hyde (as a manifestation of his madness) with a clearly satanic appearance, and does not look like a person at all.

Due to this, the authors concluded that, contrary to the logic of vital positivism and practicality, the heroes remained by themselves under the pressure of the severe moral trials that fell to their

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lot. The deformation of human nature did not happen only due to the steadfastness of the Christian spiritual “substance”. But this study raised questions for further study. For example, can moral insanity be justified? What is the pathology of the soul imbued with auditory hallucinations, fears, and visions? Why does the soul die in conditions of social insecurity?

Doesn't society, on the contrary, have a deforming influence on a person? Isn't the madness of the characters a protest against the humiliating and depersonalizing reality of them?

Many features of Golyadkin and Dr. Jekyll are present, if not in every person, then in many of our contemporaries (Braidwood, 2012; Manning, 2018).

The following methods were used to disclose the declared topics in the article: comparative historical or comparative linguistics implying the possibility for tracing the continuity of the authors’ creative attention to the duality ideas as a precedent phenomenon of the world culture, which integrates the spiritual experience of European traditions; historical and functional, allowing to understand the general significance of the world classics works in the context of “large time”, which brings the historical and literary analysis to the level of holistic generalization of spiritual problems and its concretization on the example of life situations of the heroes of the novels under consideration.

Results and discussion A modest Petersburg citizen, far from the last, Yakov Petrovich Golyadkin, unlike Prokharchin, is devoid of any hidden claims to the Napoleonic role of apparent leadership. He directly speaks about this to Doctor Krestyan Ivanovich, by the way the namesake of Gogol’s Doctor Gibner from “The Inspector General”, which is very remarkable characterizing only the titular advisor and will be justified in the future: “I am a small man <...> lucky for me, I do not regret that I am a small man <...> I am even proud that I am not a big man, but a small one” (Dostoevsky, 1990, Vol. 1, 117). He is pleased with everything, and he even told to the mysterious guest, Golyadkin Jr., about his firm conviction that the fatherland, surprising visiting foreigners, “is going to perfection from hour to hour” (Ibid., 156). But the well-read and balanced Mark Ivanovich noticed Napoleonic features in the departing into another world and raving Semyon Ivanovich from the story “Mister Prokharchin” by Dostoevsky, who desperately risked approaching Demid Vasilyevich with a question about his own future, and it was no coincidence that his

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78 hidden Napoleon d’or was also found. Mark Ivanovich relies on the Biblical Truth in his worldview: “<...> If any man has the desire to be first, he will be last of all and servant of all” (Mk. 9:35), so the allusion is obvious. And so he began to pry with undisguised excitement: “Are you alone under the sun? Does the sun only shine for you? Are you Napoleon? What are you? Who are you? You are Napoleon, huh? Napoleon or not?!

Tell me, sir, Napoleon or not?” (Ibid., 257).

However, only in rough sketches for the neverrealized revision of the story, it was supposed that Golyadkin had to become marked by thoughts about the glory of Napoleon or the Russian rebel. In the Petersburg poem, he is just an ordinary and harmless citizen – with some ambitions for certain significance. Mr. Golyadkin rebukes Petrushka why he could not answer him, as befits a master, they brought it, sir, and besides, he was annoyed that Andrei Fillipovich was instead of him, an excellent campaigner, because the document he had prepared and submitted to the top produced the favor of the authorities, not rightly made his nephew Vladimir Semenovich, who took his place beside Klara Olsufyevna, he considered his own, as an assessor (and this is already the VIII class rank).

Golyadkin involved in the life of the Petersburg officials is distinguished by the fullness of his inner life, relying on the ideas of value orientations, which are original for national selfconsciousness, and therefore he was exercised when he suddenly found himself, for no reason at all, as if an “old clothe” in his usual circle.

Golyadkin, being knocked off his pins by what happened three days ago – when he finally had to show grit, bringing confusion into the somehow arranged Berendeevs’ house, tries to put his thoughts in order, which directly testifies to his mental health. Attempts to explain the fantastic component of the story by the hero’s illness were made more than once after the publication of the story by modern researchers of Dostoevsky’s creative work: “What would the story be <...> if it had turned out, for example, something was wrong <…> however, so far it’s not bad <…> everything is going well” (Dostoevsky, 1990, Vol. 1. 110). Having put himself in hands of Rutenshpitz (the anagram surname is the rod, that is, a whip for punishment), to his no small surprise, Yakov Petrovich Golyadkin, embarrassedly and perplexedly, begins his story with the fact that, after all, he succeeded, and he has his own – special way, unlike others from his inner circle, with whom he does not agree in ideas, but what can be done if a lot depends on those others – and his special way chosen not out

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of willpower, to which the hero of "Notes from Underground” came in his thoughts, the common man- paradoxographer: “Should the dooms day come, or should I not drink tea? I would say that dooms day come, but I will always drink tea” (Dostoevsky, 1990, Vol. 5, 174), and he has a special way to preserve himself in the ghostly world unifying the personality and torn to pieces.

Golyadkin, in a heart-to-heart talk, at least so it seemed to him, with Dr. Rutenshpitz, in fact, in a confessional manner, reveals himself in full: if the life line is wide, then he, however, “by himself, like everyone else” (Dostoevsky, 1990, Vol. 1, 115). But he, like everyone else, is the same, although he noticed that he still stands the pace. Continuing his story, Golyadkin quite clearly sets out his own idea of the world and relations with the surrounding: “I go <...> straight, openly and free of roundabout ways <…> I do not try to humiliate those who, perhaps, pure than you and I <…> I don’t like half words; I do not favor miserable persons, I do not scorn slander and gossip. I put on a mask only in a masquerade, and do not wear it in front of people every day” (Dostoevsky, 1990, Vol. 1, 117). The spiritual dominants of Golyadkin, who opened his heart to tears, intending to get out of his forced and voluntary imprisonment on Shetilavochnaya Street, identify the categories of the cathedral world outlook of the hero, who is not inclined to conflict with others and sacrifice his moral principles, thereby not losing his appearance and not transforming himself, however, the light strays from the indicated righteous direction, and therefore a lot of efforts will be required to turn the perverted persons to the true way of love and harmony, up to the participation of doctors.

The spiritual tradition of the Russian people dates back to the Orthodox first principles of the national world outlook determined by Metropolitan Hilarion of Kiev in the “Word about Law and Grace” in the middle of the 11th century and transformed in the creative consciousness of Dostoevsky on the ways of comprehension of the artistically embodied spiritual experience of man: “<…> the purpose of the Russian person is indisputably allEuropean and worldwide. To become a real Russian person, to become completely Russian <...> brother of all people, pan-human” (Dostoevsky, 1990, Vol. 26, 147), in contrast to the pan-human being – who chose the vector of the Law and interrupted the tradition of understanding the world in the context of Grace: “He who is in love cannot strive to expand his personality <...> he is ready to abandon himself

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in favor of other personalities to the point that he is ready to lay down his soul for his brothers” (Afanasyev, 1971; Lavrov, 2003). Doctor Rutenspitz listened to the confession of the Orthodox Golyadkin with obvious bewilderment – that is very expected – and advised, nevertheless, to try to change himself and as a friend enter the apparent alien, but still desirable world of prosperous colleagues, which was clearly not part of Yakov Petrovich’s plans: he was not ready to change anything in himself, and he did not consider it appropriate. And then, with obvious regret about his vain visit to the doctor, the titular advisor, going to a dinner party with unresolved doubts, unequivocally recognized the moral limitations and spiritual weakness of the corporal healer, as if leaped from the pages forced on the era of physiological essays.

After the presence of guests, Golyadkin, playing host to as if his mirror reflection embodied from his own aspirations when on the way to the Berendeyevs, worried about what had happened the day before yesterday, on meeting Andrei Filippovich, he wished to somehow separate himself from the one who dared to complain – shows a clear favor for a newly arrived official who has suffered much and timid in comparison with him. After feeding and listening to the poor night wanderer, Yakov Petrovich leaves Golyadkin Jr. overnight, sincerely patronizing the poor fellow clinging to him: “<...> went out the partition, partly out of the kindness, that maybe <...> he has no proper shirt, so as not to embarrass an already injured person, but partly <...> to caress the person so that everyone was happy and so that the table would be free of spilled salt” (Dostoevsky, 1990, Vol. 1, 158) – to a quarrel and conflict. The indigenously Russian friendliness and affection towards all the suffering and thirst testify to Golyadkin’s rootedness in the spiritual tradition of the Orthodox world outlook of the Russian people: he is heart in greeting the hapless wanderer.

Golyadkin Jr., in some incredible way placed in the department opposite Yakov Petrovich, although he made an amazing impression on him, because it was completely different – unreal – Golyadkin with formal resemblance, ready to “vanish and disappear in the crowd”, but Christianly the guest was not rejected: the host advised to rely on God in everything – only based on the experience of his becoming and selfdetermination.

While preparing a letter to Golyadkin Jr. about the oddities that outraged him, such as: the case with business document and the incident with

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grabbed pies in a coffee house, Yakov Petrovich hopes to get any explanation from him, keeping in mind the apostolic warning of his Guardian Angel: “For there is a division in his mind, and he is uncertain in all his ways" (Jakob 1:8), and yet he doubts the moral admissibility of the harsh expressions he used: “<…> isn’t it too touchy <…> I dare to remain confident that you will not take my letter in a way that is offensive to you” (Dostoevsky, 1990, Vol. 1, 175). Golyadkin is trying to understand what happened to him, when other he, who appeared on his way for some odd reason, alerted Petrushka and the cabman and, to his no small surprise, who did not attract any attention of his colleagues, without any visible reason, suddenly and, moreover, after a frank conversation, began to push aside Yakov Petrovich himself – the real Golyadkin – from the life line. For the consciousness of Dostoevsky’s hero, who thinks in terms of the Orthodox culture, to decide who should not be and who should stay, it verges on madness: “<...> a fantastic desire to push aside others from the limits occupied by others with his being in this world, and to take their place is worthy of amazement, contempt, regret and, moreover, a madhouse” (Ibid., 184), however, prevailing power of the Berendeyevs, who gave birth to a host of rodless and faceless human copies according to the table of ranks, hopes to hold and eliminate the forces taking the way.

Yakov Petrovich surrounded by untrustworthy brothers, stands up for himself – the rejected one – and tries at first, after the Berendeevs’ emotional outburst to understand how he should act in this situation. He told the doctor about himself in the third person, as if about his folk, thereby trying to maintain his appearance and separate himself, Mr. Goliadkin, from the one who was strangled and alarmed by current events, while anticipating, however, the inevitable replacement of himself with someone else. He did not even know why he was not allowed to the dinner party, which looked like “some kind of Belshazzar’s feast <...> with all sorts of well-fed calves and an official table of ranks” (Ibid., 128), but this is not nothing else but a sinful orgy during the plague, and the possessed Messers Bassavryukovs also came to the Berendeyevs, only from N.V. Gogol. I.A. Yesaulov, tracing the change of the opposition between the Law and Grace in the Russian world, explains the reasons for Golyadkin’s incompatibility with the invited guests of the State Counselor: “<…>“to have a right” to something (in particular to the life of another person) in the Dostoevsky’s world becomes possible only after renouncing the Christian

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80 conscience or on the way of emancipation from it” (Yesaulov, 2017b, 164). The Berendeyevs, having ganged up on Golyadkin, were forced to back against their will and remove him from their horizon. Intending to overcome the enemies who came close to him with humility, Golyadkin, in reply to Vakhrameyev, who pointed out that the titular advisor had discredited himself, explains to his dear sir Nestor Ignatievich with obvious confidence in his understanding: “<...> even honest people with a truly noble thought way <...> deviate from the interests of noble people and attach with the best qualities of their hearts to the malefic aphid – unfortunately, in our difficult and immoral time, they have multiplied in large quantity and extremely ill-intentioned” (Dostoevsky, 1990, Vol. 1, 183). After all, it was Golyadkin Jr. who was noted by his out of the ordinary behavior and gestures, which, however, cannot be compared with the liberties of Nikolai Stavrogin, the hero of the novel called “The Demons” by Dostoevsky. In the letters of Golyadkin Sr., the true grit is revealed: he did not fall for the tempting advice to lose himself, and, therefore, he, who naively believed that the life line was wide, dreams of something like a dispiriting apocalyptic impersonality: “<…> with every step <…> the same Mr. Golyadkin <…> jumped out <…> <…> so that a terrible abyss of completely similar ones was born <…>” (Ibidem). Dostoevsky pays attention to the fact that not only Golyadkin was replaced, but also Krestyan Ivanovich Rutenshpitz: at the Berendeevs’ house, he suddenly began to speak poorly in Russian and with a German accent.

Golyadkin, who did not break himself and not fall for fanatic pressure, who considered himself a master, remained a stranger to the Berendeevs.

He was called for a planned elimination as a person causing confusion in their carefully arranged world with a false letter insistently appealing for salvage, for which there was far from groundless hope, because they knew that he could not help but respond.

The results of Golyadkin’s spiritual biography unambiguously confirms true grit of characters rooted in the spiritual tradition of Russian culture, Orthodox in its origins and categories of the conciliar self-consciousness of the Russian people, and also the victory of the “old clothes” with ambitions over the self-assured ghosts of godliness and nobility, but in no case madness.

V.N. Maikov, even after the publication of the short story, paid attention to the problem of human destinies posed by Dostoevsky, and declared by the moral challenges of a turning point: “<…> so deeply penetrated with the human soul, so fearlessly and ardently looked

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into the sacrosanct mechanization of human feelings, thoughts and deeds” (Maykov, 1982, 86). The Golyadkin’s moral choice to resist and preserve himself reveals the meaning of the light idea embodied in the short story, which Dostoevsky valued, deepened and developed throughout his entire career and left it as a spiritual guidance to the modern human, which, on the eve of his 200th anniversary, reaches the level of comprehension of global threats to humanity when A.P. Potemkin, following Clive Lewis in the novel “Man is Canceled”, reveals the tragic consequences of editing the human narrative.

The phenomenon of the Dostoevsky’s heroes pan-humanism influenced Stevenson’s creative quests, who read “Crime and Punishment” in French translation and ranked the novel as one of the greatest books. Entering into a dialogue with Dostoevsky, Stevenson in 1886 creates his own artistic version of the fate of the double hero – the short story “The Strange Case of Dr. Jekyll and Mr. Hyde.” In the paper “Books Which Have Influenced Me” by Stevenson seems to summarize his work on the spiritual catastrophe of the successful and recognized Doctor Jekyll, who, unlike Yakov Petrovich Golyadkin, risked to take the advice of Christian Ivanovich Rutenspitza to change himself – not in terms of self-determination, on more significant lines for self-affirmation, but exclusively around the irrepressible needs to feel the sinful fullness of tempting and seductive impressions: “<…> How complex human nature is <…> in the same person, glaring weaknesses and dazzling dignities are found side by side and insistently remain” (Stevenson, 1993, Vol. 5, 548). If Dostoevsky’s Golyadkin planned to remain himself, because he is one of those “who do not see a direct human purpose in the dexterous ability to polish parquet with boots” (Dostoevsky, 1990, Vol. 1, 124), about which he reported to young registrars who met him before the dinner party, and to enter the desired world of the Berendeevs, promising to taste the fullness of the life prizes, while Dr. Jekyll conducts a daring experiment with himself. Dostoevsky’s titular advisor appears from the conditional underground on Shestilavochnaya Street in order to find himself as such in completeness of his appearance, but he is not admitted to himself as a foreign spiritual and social phenomenon, which turned out to be such due to the moral bankruptcy of his environment. Answering the Utterson’s alarmed letter, Jekyll writes to his venerable friend as he does: “<…> we shouldn’t meet anymore <…> I intend to live a sheltered life <…> I must follow my difficult path”

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(Stevenson, 1993, Vol. 2, 534). And all this: conscious confinement and the breaking of established ties with others – because of his experiments on himself, while the experiment on Golyadkin, to whom the Berendeevs close the doors, was tried to carry out by those to whom he has never allowed. The doctor goes underground, hiding from his close ones in a specially equipped confined space and in another guise, which, as it turned out, belongs not to him, but to Hyde, who has lost everything human. Henry Jekyll is addressing his confession, full of sincere and suffering repentance, to us – the coming generations. The doctor told how he arrogantly encroached on the mystery of humanity being within the control of Heaven, with clearly thoughts against God: "<...> the means <...> that overmasters the very stronghold of the human person could completely destroy the ghostly ark of the spirit, which I hoped to transform with its help only" (Ibid., 558). But to transform is not in human will, which fell to be comprehended by Dr. Preobrazhensky from “The Heart of a Dog”

by M.A. Bulgakov, who made the decision to annul his experience, and the poet Ivan Bezdomny from “The Master and Margarita”, meeting face to face with evil spirits, cuts off from himself everything given to him, that is Hyde’s, and pledges tin a conversation with the Master to never again compose monstrous poetry.

The failure of Dr. Jekyll, who crossed the fateful line destined by Providence and committed a series of crimes and atrocities among people, turned into an affirmation of the victory over Hyde and the triumph of the never-transformed “ark of the spirit.” It was impossible to taste the forbidden fruit of the illusive fullness of life’s impressions: life was leaving, turning into a function. Revealing the unauthorized acts in all its horrifying ugliness, Dr. Jekyll concludes: Hyde made do with the impersonality that had fallen to him and the position of the “component” of the monstrous experiment. Dr. Jekyll concludes his message after failing a criminal experience with a thoughtful statement about separation of his powers with Hyde: “Will Hyde die on the scaffold? Or would he have the courage to free himself of this fate at the last minute? This is known to God alone, but for me it does not matter: the hour of my real death has already come, the further concerns not me, but another” (Stevenson, 1993, Vol. 2, 572), that is, Hyde. He is none other than Henry Jekyll, although the doctor organized it due to sinful aspirations to acquire a second appearance, but the dispute between the man and the Creator is doomed: everything is God’s will.

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Already after the successful publication of “The Strange Case of Dr. Jekyll and Mr. Hyde”, in the paper “Books Which Have Influenced Me”, Stevenson highlighted the spiritual significance of Scripture for the human at the turn of the eras: “<…> this is the New Testament, especially the Gospel of Matthew. I am sure that anyone who can effort the imagination a little and read it over again <...> will be heart-struck. And then anyone will be able to see through those truths <...> from following which we all modestly evade” (Ibid., 547).

Thus, the results of the spiritual biography of Golyadkin from the Petersburg poem called "The Double" by Dostoevsky and Henry Jekyll from the novel “The Strange Case of Dr. Jekyll and Mr. Hyde” by Stevenson with difference of characters divided by the era according to the personal self-determination and social status: a gray titular advisor and a honorable aristocrat, as well as a recognized doctor – coincide in the focus of unconditional trust in Christian axiology. Yakov Petrovich Golyadkin, no matter how he strived to ascend to a new level of socialization in the world of his colleagues who had touched the significant heights, was still not ready to exchange himself in the pursuit of the life prizes and “change” character – the moral fiber resisted, and therefore, planning to eliminate him, “well-fed calves”, distributed strictly according to the rank by the notorious “table of ranks”, call him to punishment with a prayer in the false letter about salvation. And if an official, who has suffered much, believed that taking the place of another was not only contemptible impudence, but also existing insanity, because a person relies on the God will in everything, then it was him who resisted temptations and enticement, was bundled away to the madhouse. Unlike the Dostoevsky’s hero, Dr. Jekyll being possessed by persistent passion for sinful temptations and pleasures, which was reprehensible for a serious and held man in a noble field, he decides to replace himself with another, for whom small passions will be quite acceptable, – that is how Mr. Hyde appeared with obviously demoniac appearance that does not pretend to individuality, but only a being, even inhuman. Henry Jekyll – that is how he signs his letter filled with sincere repentance for the encroachment on the spiritual dominants of human nature and the life as such, in all its divinely instituted variety and enchanting splendor, which, due to his intervention in the sacred spheres, turned into a function, and therefore the doctor Jekyll separates himself from Hyde, admitting not so much his defeat in a monstrous experiment, but thereby confirming

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82 the Creator’s will, not subject to assuming correction by man.

Conclusions Although the “Dostoevsky and Stevenson” problem remains on the periphery of literary studies, however the emerging attention to the dialogue between the cultures of Russia and Europe directs scientific thought to understanding the breaking in Stevenson’s discourse in the Dostoevsky’s artistic anthropology, which was reflected in the embodiment of the formation of Golyadkin, the hero of “The Double” by Dostoevsky, and Dr. Jekyll from Stevenson’s novella, who went through the moral trials that fell to their lot by the spiritual deformation of human nature and remained true to himself. Thus, the moral choice of Golyadkin in short story called “The Double”

by Dostoevsky, who was even ready to lose a finger of his right hand in order to recover from illusion of his reflection, and Dr. Jekyll, who created his copy in Satanic Hyde with attraction by non-judicial permissiveness, ends with the statement of the inflexibility of the spiritual tradition of Christian culture and the futility of man’s claims to the presumptuous transformation of his nature.

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Duality. Samara: Samara State University. https://search.rsl.ru/ru/record/01002673381 https://www.studmed.ru/agranovich-szsamorukova-ivdvoynichestvo_bc368c14a80.html Amelina, E.E. (2014). The phenomenon of duality in in Stevenson's novels “Markheim” and "The Strange Case of Dr. Jekyll and Mr. Hyde”.

Bulletin of Perm University, 2(26), 109–113. https://cyberleninka.ru/article/n/fenomendvoynichestva-v-novellah-r-l-stivensonamarkheym-i-strannaya-istoriya-doktoradzhekila-i-mistera-hayda Anisimov, P.D. (2019). Comedy «Auditor» by N.V. Gogol in the context of national identity. In: A.S. Kondratiev (Ed.), INITIUM. Fiction: The Experience of Modern Reading. Collection of Articles by Young Scientists, (pp. 54–59).

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In: A.A. Belkina (Ed), F.M. Dostoevsky in Russian Criticism. Collected Works, (pp. 3–30). Мoscow: Goslitizdat. https://search.rsl.ru/ru/record/01005876748 Braidwood, А. (2012). We're all Henry Jekyll's bairns: Robert Louis Stevenson's enduring influence on Scottish literature. The Bottle Imp, 12, 1–3. https://www.thebottleimp.org.uk/wpcontent/uploads/2017/08/TBI2012-Issue-12Robert-Louis-Stevensons-Enduring-Influenceon-Scottish-Literature-Alistair-Braidwood.pdf Colman, A. (2015). The optative movement of Dr. Jekyll and Mr. Hyde’s addicts. Extrapolation, 56(2), 215–234. DOI: 10.3828/extr.2015.12 Dury, R. (2006). Crossing the bounds of single identity: Dr. Jekyll and Mr. Hyde and a paper in a French Scientific Journal. In: R. Ambrosini, R. Dury (Eds.), Robert Louis Stevenson: Writer of Boundaries, (pp. 237–251). Madison: University of Wisconsin Press.

Davis, M. (2006). Incongruous compounds: Rereading Jekyll and Hyde and Late-Victorian psychology. Journal of Victorian Culture, 11, 207–225. DOI: 10.3366/jvc.2006.11.2.207 Dorofeyeva, L.G. (2015). The spiritual nature of the conflict in the short novel called “The Strange Case of Dr. Jekyll and Mr. Hyde” by R.L. Stevenson. Bulletin of Novgorod State University, 84, 27–31. https://cyberleninka.ru/article/n/duhovnayapriroda-konflikta-v-povesti-r-l-stivensonastrannaya-istoriya-doktora-dzhekila-i-misterahayda Dostoevsky, F.M. (1990). Double. Petersburg poem. In: V.G. Bazanov G.M. Friedlender (Eds.), Dostoevsky, F.M. Complete Collected Works in 30 Volumes. T. 1, (pp. 209–229).

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English Language Notes, 48(2), 215–224. DOI: 10.1215/00138282-48.2.215 Gangnes, M.B. (2017). Hysterical reality: Weimar Germany and the Victorian Gothic in Mattotti and Kramsky’s Dr. Jekyll and Mr. Hyde.

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DOI: 10.1080/21504857.2017.1383281 Ganz, M.J. (2015). Carrying on like a madman: Insanity and responsibility in “Strange case of Dr. Jekyll and Mr. Hyde”. Nineteenth-Century Literature, 70(3), 363–397. https://ssrn.com/abstract=2716516 Gay, J. (2018). The island in R.L. Stevenson’s The Beach of Falesa: Confluence(s) as subversion. Cahiers Victoriens and Edouardiens, 87. DOI: 10.4000/cve.3637 Gus, M. (1971). The Ideas and Images of F.M. Dostoevsky.

2nd edn. Мoscow: Khudozhestvennaya Literatura. https://search.rsl.ru/ru/record/01003183936 Hirsch, G.D. (1988). Frankenstein, detective fiction, and Jekyll and Hyde. In: W. Veeder and G.D. Hirsch (Eds.), Dr Jekyll and Mr Hyde after One Hundred Years, (pp. 223–246). Chicago: University of Chicago Press.

Khanyutin, Y. (2003). The Strange Case of Doctor Jekyll and Mr. Hyde. Ruthenia https://ruthenia.ru/horror/poetic/hanutin/strange. htm Koshechko, A.N. (2019).

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Sofia: Bulgarian society “F. Dostoevsky”. TSPU Bulletin, 6(203), 122–131. DOI: 10.23951/1609-624X-2019-6122-131 Lavrov, A. (2003). Stevenson in Russian: Dr. Jekyll and Mr. Hyde at the turn of the century.

Toronto Slavic Quarterly, 3. http://sites.utoronto.ca/tsq/03/lavrov3.shtml Manfred, C. (2017). “Sore love”: R.L. Stevenson and leprosy on Penrhyn island. Journal of New Zealand and Pacific Studies, 5(1), 27–43. DOI: 10.1386/nzps.5.1.27_1 Manning, P.M. (2018). The Hyde we live in: Stevenson, Evolution, and the Anthropogenic Fog. Victorian Literature and Culture, 46(1), 181–199. DOI: 10.1017/S1060150317000389 Maxwell, A. (2015). “The beast within”: Degeneration in Dr. Jekyll and Mr. Hyde and three Australian short stories. Australian Literature Studies, 30(3).

DOI: 10.20314/als.9b5e7da01f Maykov, V.N. (1982). Something about Russian literature in 1846. In: V.K. Kantor, A.L. Ospovat (Eds.), Russian Aesthetics and Criticism of the 40-50s of the XIX Century, (pp. 81–105).

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Мoscow: Iskusstvo. https://search.rsl.ru/ru/record/01001113524 Mitchell, E.W. (2004). Culpability for inducing mental states: The insanity defense of Dr. Jekyll.

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Crystal, E. (2018). Hyde the hero: Changing the role of the modern-day monster. University of Toronto Quarterly, 87(1), 234–248. DOI: 10.3138/utq.87.1.234 Olsen, T.B. (2016). Robert Louis Stevenson’s evolutionary Wordsworth. Victorian Literature and Culture, 44(4), 887–906.

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Izhevsk: Ergo. https://search.rsl.ru/ru/record/01005513062 Romanova T., & Neliubina, T. (2014). “Jekyll” and “Hyde” as archetypal characters of contemporary Scottish prose. Problems of Romance and Germanic Philology, Pedagogy and Methods of Teaching Foreign Languages, 10, 120–125. https://elibrary.ru/item.asp?id=23331500 Seixas-Fernandes, F. (2010). Stevenson's moral philosophy in “Strange Case of Dr. Jekyll and Mr. Hyde”. In: J.C. Miguel (Ed.), Conference: VIII Semana de Humanidades UFC/UECE e do 1o Encontro de Pesquisa e Pós-Graduação em Humanidades, Fortaleza, Brazil. Vol. 1 (article 7526). Fortaleza: Universidade Federal do Ceará.

DOI: 10.13140/RG.2.1.1439.7526 Shubh, S.M., & Chakrabarti, S. (2008). A study in dualism: The strange case of Dr. Jekyll and Mr. Hyde. Indian Journal of Psychiatry, 50(3), 221–223. DOI: 10.4103/0019-5545.43624 Stevenson, R.L. (1993). The Strange Case of Dr. Jekyll and Mr. Hyde. In: M. Urnov (Ed.), Robert Lewis Stevenson. Collection: in 5 Volumes.

Vol. 2, (pp. 507–572). Мoscow: TERRA. https://www.ozon.ru/context/detail/id/6087158/ Tolstenko, A., Baltovskij, L., & Radikov, I. (2019). Chance of civic education in Russia.

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3–50). Мoscow: TERRA. https://www.ozon.ru/context/detail/id/6087158/ Veitch, S. (2012). Binding precedent: Robert Louis Stevenson's Strange Case of Dr. Jekyll and Mr. Hyde. In: M. Wan (Ed.), Reading The Legal Case: Crosscurrents Between Law and The

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Vyas, R.A., & Desai, S.P. (2015). Strange case of Dr. Jekyll and Mr. Hyde – was Robert Louis Stevenson inspired by Horace Wells? Journal of Anesthesia History, 1(1), 18–24. DOI: 10.1016/j.janh.2014.11.008 Wang, W. (2019). “We have nothing to do but wait for him at the bank”: Dr. Jekyll and Mr. Hyde and the credit economy. Foreign Literature Studies, 5, 96–100. https://caod.oriprobe.com/articles/57573524/_w e_have_nothing_to_do_but_wait_for_him_at_th e_ban.htm Welter, C.M. (2016). A juggernaut in the streets of London: Walking as destructive force in R.L. Stevenson’s “Strange case of Dr. Jekyll and Mr. Hyde”. In: K. Benesch, F. Specq, (Eds.), Walking and the Aesthetics of Modernity: Pedestrian Mobility in Literature and The Arts, (pp. 187–196). New York: Palgrave Macmillan.

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Yesaulov, I.A. (2017a). Opposition of law and grace and the main line of Russian literature. In: I.A. Yesaulov, Y.N. Sytina, B.N. Tarasov (Eds.), Russian Classical Literature in Cultural and Historical Context, (pp. 7–36). Мoscow: Indrik. https://www.rfbr.ru/rffi/ru/books/o_2061168#7 Yesaulov, I.A. (2017b). Russian Classics: New Understanding. 3rd edn. Saint Petersburg: RKhGA Publ. http://irhga.ru/2017-08-07esaulov-i-a-russkaya-klassika/ Young, S. (2012). Fyodor Dostoevsky (1821– 1881): ‘Fantastic Realism’. In: M. Bell (Ed.), The Cambridge Companion to European Novelists, (pp.

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DOI: https://doi.org/10.34069/AI/2021.41.05.8

Research of relationship of functional-role positions (ego-states) with indicators of future specialists’ independence Дослідження взаємозв’язку функціонально-рольових позицій (его-станів) з показниками самостійності майбутніх фахівців Received: March 30, 2021

Accepted: May 20, 2021

Written by: Ihor Popovych22 https://orcid.org/0000-0002-1663-111X Mariia Pavliuk23 https://orcid.org/0000-0002-0822-8128 Nelya Sirant24 https://orcid.org/0000-0002-8075-1511 Igor Zhigarenko25 https://orcid.org/0000-0001-5851-9137 Oksana Serhieienkova26 https://orcid.org/0000-0002-1380-7773 Abstract

Анотація

The purpose of empirical research is to establish the relationship of functional-role positions (egostates) with other indicators of future professionals ’independence to establish the level of manifestation of functional ego-states.

The investigation contemplated methods are projective methods, psychodiagnostic methods with valid scales, author’s method “Indirect selfassessment of independence” (“ISI”) and the author’s questionnaire “Persuasion in independence” (“PII”). The results indicated that the most important for the respondents the value of independence, the more they are focused on taking into account the actual possibilities and autonomous action on the basis of objective data (ego-state “Adult”), as well as control, management, criticism of other people (ego-state “Parent-controller”). Therefore, the more autonomous respondents, the less interdependent they are, and vice versa.

Метою емпіричного дослідження є встановлення взаємозв’язку функціональнорольових позицій (его-станів) з іншими показниками незалежності майбутніх фахівців для встановлення рівня прояву функціональних его-станів. Методами дослідження є передбачувані проекти, психодіагностичні методи з дійсними шкалами, авторський метод «Непряма самооцінка незалежності» («ISI») та авторський опитувальник «Переконання у незалежності» («PII»). Результати показали, що найбільш важливим для респондентів є цінність незалежності, тим більше вони зосереджені на врахуванні реальних можливостей та автономних дій на основі об’єктивних даних (его-стан “Дорослий”), а також контроль, управління, критика інших людей (его-держава “Батько-контролер”). Тому чим автономніші респонденти, тим вони менш взаємозалежні, і навпаки.

Key words: psychological codependence, motivation, management psychology.

boundary, autonomy,

Ключові слова: психологічна межа, співзалежність, мотивація, автономність, психологія управління.

22

Doctor of Psychological Sciences, Full Professor of the Department of Psychology, Kherson State University, Kherson, Ukraine.

Doctor of Psychological Sciences, Professor of the Department of Psychology, Interregional Academy of Personnel Management, Kyiv, Ukraine.

24 Candidate of Pedagogical Sciences, Associate Professor of the Department of Primary and Preschool Education, Ivan Franko National University of Lviv, Lviv, Ukraine.

25 Doctor of Psychological Sciences, Associate Professor of Department Psychology and Sociology, Volodymyr Dahl East Ukrainian National University, Severodonetsk, Ukraine.

26 Doctor of Psychological Sciences, Head of Psychology of Personality and Social Practices Department, Institute of Human Sciences, Borys Grinchenko Kyiv University, Kyiv, Ukraine.

23

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Popovych, I., Pavliuk, M., Sirant, N., Zhigarenko, I., Serhieienkova, O. / Volume 10 - Issue 41: 85-95 / May, 2021

Introduction Taking into account the latest trends in the integration of existing psychological theories and practices, the relevance of the research of the relationship of functional-role positions (egostates) with indicators of future professionals’ independence has no doubt. There is a change of competing or ignoring style between theories, areas, schools to an integrative scientific and practical worldview. The emphasis in modern research is on the interactions and relationships in the study of various areas of a person’s life.

The field of professional training of the future specialist is not an exception. There are more and more approaches today that see the individual as the architect of one’s own way of life. Under such conditions, the study of the psychology of the development of the future specialist’s independence is especially in demand.

We assume that the research of the relationship of functional-role positions and the construction of a holistic structure of independence of the future specialist will allow to obtain significant empirical results, which will promote an objective understanding of the mechanisms of independence’s formation in the period of professional development; the implementation of the received knowledge will be essential in the construction of purposeful psychological influences on the development of personality independence in adulthood.

The purpose of empirical research is to establish the relationship of functional-role positions (egostates) with indicators of independence of future specialists during professional training.

Literature review A number of works on pedagogy and psychology of personality development at different stages of ontogenesis are devoted to the study of independence. Independence is considered as one of the leading qualities of personality, which is demonstrated in the ability to determine the goal, to persevere to achieve it “by one’s own efforts, to treat one’s activity responsibly, to act consciously and proactively, not only in the usual, but also in new conditions that require non-standard decisions (Halian, 2019; Passov, 2002).

Understanding the mechanisms of independence is associated with the development of the provision that the individual develops and is formed in the activity, therefore, independence is

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considered at different ages in the context of the activity.

S. Rubinstein (2007), for example, drew attention to the fact that the first stage in the real formation of personality as an independent subject is associated with the mastery of one’s own body, with the emergence of arbitrary movements that are formed in the process of the first objective actions. The next step on this ground is the beginning of walking, independent movement.

What is more important here than the technique of movement, is the change in the relationship of the individual with others, which affects the possibility of independent movement, as well as independent mastery of the subject. This creates some independence of the child in relation to other people. The individual realizes his independence, himself as an independent subject only through his relationship with others (Rubinstein, 2007).

Independence stems from the fundamental abilities of man to self-distancing and selftranscendence, i. e. going beyond himself. The behavior of the individual is determined by the values and meanings through which the individual can determine their own attitude to events. Awareness of the dominant type of psychological boundaries and the etiology of their origin will allow to intensify the effectiveness of the “true self” and mobilize intrapersonal resources for the development of independence.

Research on the psychology of early development confirms the importance of the early stages of independence. The ability to initiate the process of separation and to engage in various kinds of autonomous activity is associated with the development of language. M. Mahler defined the period between 10-15 months of life as a phase of rehearsal in the process of individuation and described it as a time when a child experiences an affair with the world and his emerging skills. The theory of characterological development states that this is a particularly important stage in the acquisition of autonomy, primarily in terms of taking autonomous risk, initiative, self-determination and self-objectivity in action (Mahler et al., 2011).

Early and critical events that repel the desire for separation, initiative, and risk occur when parental signals indicate danger. This usually happens when guardians feel threatened by the child's “sets” in its autonomous functions and by

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its early feelings of self, or when children’s movements are actively punished because they are perceived as “unacceptable” or inconvenient.

This leads to the emergence of such a false Self, in which – as with all such adaptations – identity is in contact with others, as opposed to a sense of identity that is acquired through the exercise of autonomous personality functions.

Autonomy is the central definition of transactional analysis, which is achieved by the disclosure or restoration of three abilities – awareness, spontaneity and intimacy.

Autonomous are behaviors, thoughts or feelings that are a reaction to the reality of the “here and now” and not to the scenario beliefs or demands of the Parent’s ego-state (Berne, 1966).

Autonomous behavior is characterized by knowledge about oneself, the world and other people, spontaneous expression of authentic feelings and willingness to enter into open, based on respect for others, relationships. The closest connection with autonomy has a constant pattern of feelings and experiences, focused on taking into account the actual possibilities and autonomous action based on objective data – the Adult ego-state.

The essence of the ego-state model is that it allows you to establish a reliable connection between behavior, thoughts and feelings. If a person demonstrates a consistent set of behaviors that characterize the Child ego-state, then it is safe to assume that he also feels the experiences and emotions from his childhood. If a person changes his behavior and begins to reproduce the signals inherent in the Adult ego-state, then, accordingly, his thoughts and feelings are the thoughts and feelings of an adult who responds to the “here and now”. If a person externally shows the behavior that he copied from his parents, he will internally reproduce the thoughts and feelings that he also borrowed from them.

According to F. Ruppert (2010), for a healthy mental development, a child needs symbiotic needs for warmth, protection, support, love and belonging to the family, which must be met. At the same time, the child’s desire for autonomy must also be satisfied. Autonomy and pseudoautonomy have their own characteristics. Thus, autonomy is characterized by independence in relationships, acceptance of help if necessary, trust, and realistic self-esteem. At the opposite pole – pseudo-autonomy – isolation and immersion, fear of dependence, distrust as a basic feeling, overestimation of their own capabilities (Ruppert, 2010).

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Note that a person is able to realize his shortcomings, the imperfection of relationships with others only at the appropriate level of development of the Self-concept: self-identity, autonomy, authenticity. Individuals with a wellestablished image of Self, with a high level of self-identity, autonomy, sovereignty have a high level of tolerance for novelty (information, views of other people, ways of action, behavioral strategies), i. e. easily perceive the variability of life and change themselves, develop, become independent (Blynova et al., 2020c; Khmiliar et al., 2020).

Untested image of Self, immature, diffuse identity causes anxiety, fear beyond one’s independence, makes it difficult to adapt to changing social living conditions and prevents the development of independence of future professionals. In this case, the individual is in contact with the outside world through defense mechanisms. Fearing to lose Self, to dissolve, the individual blocks self-change, remains true to his stereotypes, habitual assessments and behaviors.

And does not understand that life goes on, changes, takes new forms, and therefore, he does not simply “remain the same”, he lags behind, “becomes obsolete”, does not satisfy to modern, present life. Continuous development of independence is not a luxury, but an indispensable condition for personal survival – a condition for maintaining a balance between life and man (two trains go in the same direction, at the same speed, with no lag or overtaking).

Otherwise, a person has a feeling: I do not understand life, it becomes different, I grow old, I do not get in the way. The result is a loss of control over the course of life, a loss of selfesteem, and a person desperately clings to the old system, his behavior becomes protective. If the mechanisms of psychological protection do not work, there is often immersion in the disease, various forms of escapism, neurosis (Hrys, 2015).

An important condition for the personal development of independence is a stable, wellestablished idea of the individual about himself (self-identity, autonomy, sovereignty), which will preserve the nucleus of the individual with changes in its husks, peripheral dispositions.

Autonomization as a mechanism of individualization of personality in turn is realized through awareness, appropriation, rethinking, differentiation, internalization, creative realization and integration. O. Dergachova (2011) also defines personal autonomy as a psychological construct that describes a person’s

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88 ability to be himself, to know what he wants and to be able to realize it.

Autonomization is a mechanism for an individual to defend his natural and human essence, the ability to distinguish him from the collective whole; to occupy a special position in society.

Identification and autonomy are seen as dialectically related mechanisms: identification is the mechanism by which a subject experience his identification with the object of identification: another person or any object.

Autonomization – the desire of the individual to stand out from others, the subject’s experience of his alienation from the object. Objectively, identification acts as a mechanism of “appropriation” by the individual of his human essence, as a mechanism of the personal’s socialization and autonomy – as a mechanism of the personal’s individualization (Arbeláez-Campillo et al., 2018; Pinkovetskaia et al., 2020).

behavior develops a bloated false Self.

Individuals with codependent behavior are more prone to depression, and individuals with antidependent behavior are more prone to grandiosity so as not to feel depressed. To complete the process of psychological birth it is necessary to overcome the internal struggle between two “imaginary” opposing forces: a natural desire for fusion and intimacy and an equally strong desire for emotional separation and self-determination.

Once the psychological birth process is complete, there will be a deep sense of who the person really is, he will be able to cope with problems and conflicts, feeling a minimum of stress, maintaining the feeling that He and Others are good. Then it is possible to maintain the permanence of the object, dealing with most of life’s problems. Under such conditions, the individual will be able to be both close and intimate and show separation when he wants.

The assigned elements of the structure of selfconsciousness are filled with individual content and are fixed in the personality due to its ability to autonomy. Identification is also selective: external influences are always mediated by internal content, the position of the individual.

The ability to autonomy – is primarily a positive ability to maintain, protect, and preserve the individual. The level of the second birth of the individual, associated with the formation of worldview. Manifestation of active will, through which the worldview is realized in society, is independence. And although this independence is learned through the examples of significant people with whom he identifies, independence necessarily requires the ability to autonomy. At this stage of personality development, the mechanism of autonomy operates at the emotional and cognitive levels, this makes it possible to “keep your face” not only on an emotional but also on a rational level when interacting with other people. Considering the hyperfunction of the mechanisms of personality identity, it should be noted that in the deprivation of personality the desired level of autonomy can be replaced by alienation, and insufficient level of autonomy and hyperfunction of identification can cause blurred identity, codependence of personality.

Thus, the development of personal independence is provided by the need for change, improvement, openness to the new, including feedback, the ability to continuous self-analysis and mastery of new opportunities.

Researchers of the problems of codependent and anti-dependent behavior turn to deeper mechanisms of independence (Weinhold & Weinhold, 2002). Codependent people usually develop a collapsed false Self, they look weak and helpless. And a person with anti-dependent

Materials and methods

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Despite the contradictions in the definition of terms, scientists agree on one thing: independence is the most important characteristic of the individual, without which he is not fullfledged. This is due to the organic connection of this phenomenon with the general course of physiological, psychological, socio-personal development of the child and its individual characteristics.

Thus, we can conclude that independence is a systemic quality of the subject, which has a unique content and structure, which is reflected in the activity. In studying the psychological content and structure of independence, we proceeded from the understanding that the manifestation of specific activity can be explained based on the properties of a holistic system, one of the components of which it serves.

The above levels of the system, in this case, personal characteristics and relationships between them, which represent independence, will determine the specifics of its activity.

The methodological starting points of our experiment in establishing the relationship of functional-role positions (ego-states) with indicators of independence of future

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professionals are a sequence of actions combined into a research complex using psychodiagnostic techniques, which have been tested in a number of studies (Khmil & Popovych, 2019; Halian et al., 2020b). In the selection of psychodiagnostic tools, we have taken into account a number of key requirements that have provided a relevant reflection of the subject of research (Shevchenko et al., 2020). This methodology has absorbed the best elements that have been introduced by researchers in the process of studying adaptation (Blynova et al., 2020a; 2020d; Kononenko et al., 2020), emotional intelligence (Cheban et al., 2020; Halian et al., 2020a), innovation (Marchuk & Yatsyna 2020; Tsiuniak et al., 2020), as well as in the study of mental expectations in various activities of respondents (Blynova et al., 2020b; Chiţu, 2020; Griban et al., 2019; Nosov et al., 2020; Popovych et al., 2020; Prontenko et al., 2019a; 2019b; Shkola et al., 2019; Zinchenko et al., 2020). All these empirical sources are fully or partially relevant in the context of establishing the relationship of functional-role positions (egostates) with indicators of independence of future specialists in the training process.

Participants. Students of regional and metropolitan free economic zones of Ukraine, full-time and part-time education (Institution of higher education) took part in our research. In total – 787 students. Of these, 498 students were studied at the initial stage (using the method of content analysis in order to determine how modern students understand the meaning of the concept of “Independent Personality” and what factors determine the development of independence). Based on the received data, the author’s methods of studying the independence of the future specialist were created.

At the next stage of the empirical part of the study, 289 students of Institution of higher education – Volodymyr Dahl East Ukrainian National University (Ukraine) (VDEUNU) took part – 46.4%, Interregional Academy of Personnel Management (Ukraine) (IAPM) – 24.6%, Institute of Personnel Training of the State Employment Service of Ukraine (Ukraine) (IPTSESU) – 11.1%, Odessa National Academy of Telecommunications n. a. O. S. Popov (Ukraine) (ONAT) – 18%. Among the surveyed females – 86.9%, males – 13.1%, average age – 21.6 years.

Distribution of students by courses of study: the first – 25.6%, the second – 16.3%, the third – 20.8%, the fourth – 6.6%, the fifth – 21.8%, the sixth – 9.0%. The study involved students of the following specialties: Preschool education –

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Psychology, Preschool education – Speech Therapy, Ecology and Tourism, Chemistry and Biology, Geography and Foreign Language, Chemistry, Foreign Language, Physics, Practical Psychology, Social Pedagogy. The information was provided by all respondents. The research is held according to the ethical standards of the committee on the rights of experiments of the Helsinki declaration (2013).

Instruments.

Questionnaires and psychodiagnostic methods were used to organize the empirical study: Projective method “Composition”, the results of which were analyzed by the method of content analysis (Raigorodsky, 2008). The methodology was used to find out what future specialists think about the phenomenon of independence, what are their basic ideas about the nature of this phenomenon, how they understand and interpret the process and result of the development of independence as a systemic personal quality, how they assess the level of formation of other character traits that constitute independence. And also, possible ways of development of independence in the conditions of higher educational institution.

All projective methods as well as the method “Composition” has average indicators of validity and reliability and are difficult to interpret.

However, the “Composition” technique is extremely effective in relieving tension and selfcontrol. Therefore, together with other standardized methods and tests, the method “Composition” gives a reliable result. The purpose of this projective technique is to study the peculiarities of the perception of future specialists of independence as a personal quality.

The Composition offered the following instructions: “Write a short essay on”. How do I understand the concept of personality independence? Do I consider myself as an independent person? What personality traits are most associated with independence? Assess the level of your independence on a ten-point scale.

0 – completely non-independent, 10 – completely independent.

The received data were analyzed by content analysis. The main parameters of the analysis of these works were: understanding the nature of the independence of the individual as a psychological phenomenon; assessment of the level of formation of the student’s own independence; character traits that help or hinder the development of independence.

Self-assessment of independence was carried out using the author’s method “Indirect self-

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90 assessment of independence” (“ISI”) (Hrys, 2015). The creation of the methodology was preceded by the collection of indirect indicators of independence, selection of the most frequent indicators, reducing the dimensionality of the semantic space of indicators of independence through exploratory factor analysis.

Personal beliefs about independence were measured using the author’s questionnaire “Persuasion in independence” (“PII”) (Hrys, 2015), which contains a number of statements about the nature of independence – acquired (“Independence is an acquired quality of personality”), “The development of independence is facilitated by the space of the university”) or innate “Independence is an innate quality of personality”, “Independent are those whose natural desire is the desire for emotional separation and self-determination”), and its role in life – constructive (“Psychologically prosperous individuals become independent”, “Independence is influenced by the process and result of self-knowledge and self-improvement”) or destructive (“Become independent to avoid punishment”, “They become independent for fear of being rejected”).

Methodology of C. Ryff (1989) “Scale of Psychological Well-being” (“SPW”) (Ryff, 1989). Test “Influence on the position and motivation of the individual” to measure internal and external motivation (“IPM”) and methods “Psychological boundaries of personality” (“PBP”) (Raigorodsky, 2008). Methodology “Anti-Independence” B. Weinhold and J. Weinhold (Weinhold & Weinhold, 2002).

Methodology “Codependence” B. Weinhold and J. Weinhold (Weinhold & Weinhold, 2002).

Methodology of S. Schwartz “Portrait of values” (“PV”) (Schwartz, 2010). Methodology J. Hay “Functional ego-states “Self” states” (“FES”) (Hay, 2009).

Procedure. “The empirical research was hold during 2012-2018. The organizers of the study randomly selected young students who voluntarily agreed to participate in the empirical research. In advance, we received permission and advice from the administrations of higher education institutions. Each respondent filled in questionnaire forms and a questionnaire.

Participation in the research was voluntary and confidential. Particular attention was paid to ensuring the confidentiality of the data received and avoiding accidental responses.

Data analysis. Statistical processing of the received results was carried out using the methods of mathematical statistics in the programs “Excel” and “SPSS” v. 17. These statistically significant differences were established by the criterion of sign ranks of Wilcoxon at p≤.05. Structural relationships in the psychological system of independence are established through the use of correlation analysis (Spearman’s correlation coefficient, rs).

Results Research of features of functional-role positions (ego-states) of future specialists’ independence.

To measure the internal role position, the “Functional ego-states “Self” states” (“FES”) (Hay, 2009). The results of the diagnosis of the internal role position are reproduced in Tabl. 1 and Tabl. 2.

Table 1.

Diagnostic results according to the “FES” Scale Parent-guardian Free child Adult Adaptive child Parent-controller

Меmp 14.09 14.18 13.55 12.60 9.66

М 14.38 13.81 13.11 12,79 10.27

SD 3.19 3.19 3,97 3,20 4.08

Note: Memp – empirical arithmetic mean; M – arithmetic mean; SD – mean-square deviation.

From the sample in general, ego-states “Parentguardian” (care and help to other people), “Free child” (expression of his feelings and actions without censorship and references to rules and requirements, intuition and authentic feelings), “Adult” (realism, freedom of choice, responsibility), have the highest rates and do not differ statistically significantly from each other.

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Indicators on the scale “Adaptive child” (interaction with the rules and requirements of family and society, ways of manifestation – obedience or rebellion) occupy an intermediate place – they are higher than the scale “Parentcontroller” (control, management, criticism of others) and lower for the indicators of the scales “Parent-guardian” and “Free child”. The lowest

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rate is in ego-state “Parent-controller”. These statistically significant differences were established by the criterion of sign ranks of Wilcoxon at p≤.05.

states: “Parent-guardian” (care and help to other people), “Free child” (expression of his feelings and actions without censorship and references to rules and requirements), “Adult” (realism, freedom of choice, responsibility).

Functional role position (ego-state “Adult”). The highest rates of students have the following egoTable 2.

The level of manifestation of functional ego-states according to the “FES” Level of manifestation

Scale

Low 22.0 13.6 18.6 13.6 15.3

Parent-guardian Free child Adult Adaptive child Parent-controller

Medium 62.7 72.9 69.5 72.9 67.8

The distribution of levels of functional ego-states is statistically the same (at p≤.05), at the same time, there is a tendency to statistically significant differences for the low level – the number of students on the scale “Parentguardian” is greater than on the scales “Free child” and “Adaptive child” NF = 1.21 (p≤.1).

High 15.3 13.6 11.9 13.6 16.9

Research of relationships of functional-role positions (ego-states) with indicators of future specialists’ independence.

Let’s analyze the relationship of indicators according to the J. Hay questionnaire “Functional ego-states” (“FES”) with indicators of other methods (see Tabl. 3).

Adaptive child

Free child

Adult

Scale

Parentguardian

Parentcontroller

Table 3.

Correlation relationships of indicators according to the “FES” with indicators of other methods (r s)

Positive Relationships (“SPW”)

-.111

-.266¹

.122

-.082

.012

Self-acceptance (“SPW”)

-.301*

-.195

-.152

-.130

-.050

Psychological well-being (“SPW”) Conformism (“PV”) Tradition (“PV”) Universalism (“PV”) Independence (“PV”) Achievements (“PV”) Power (“PV”) Openness (“PV”) Conservatism (“PV”) Self-transcendence (“PV”) Self-affirmation (“PV”) External motivation (“IPM”) Internal motivation (“IPM”) Anti-Dependence (“AD”) Codependence (“CD”) Innate independence (“PSS”) Acquired independence (“PSS”)

-.136 .089 -.242¹ .015 .301* .309* .500** .229¹ -.052 .013 .357** -.038 .154 .261* .033 .177 .226¹

-.263¹ .211 .215¹ .203 .135 -.036 -.049 .153 .218¹ .218¹ -.008 .095 .215¹ .317* .337* .242¹ .196

.010 .081 -.058 .216¹ .345** .006 .124 .209 .049 .197 .040 .192 .135 -.124 .065 .096 .133

-.004 .270* -.165 -.097 -.000 -.031 .114 -.094 .072 -.132 .005 .270* -.061¹ .226¹ -.027 .090 .203

.007 .019 -.008 -.128 -.168 -.115 -.119 -.224¹ -.073 -.119 -.139 .099 -.151 .057 .233¹ .056 .121

Destructive independence (“PSS”)

-.001

.221¹

.041

.176

.096

Fully permeable limit (“PBP”) Assimilation limit (“PBP”) Restraint limit (“PBP”)

.189 .325* -.036

.287* .075 .033

.212 .097 .095

-.087 -.111 -.231¹

.116 -.057 -.061

Note: ¹ – (р≤.1); * – (р≤.05); ** – (р≤.01)

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92 The indicator of the scale “Adult” (“FES”) is positively correlated with the indicators of the scales “Universalism” (rs=.216; p≤.1) and “Independence” (rs=.345; p≤.01) of the method of S. Schwartz (2010) (“PV”). The more students are focused on taking into account the actual possibilities and autonomous action based on objective data (the Adult ego-state), the more they prone to independence of thought and action, choice, creativity (value “Independence”), as well as understanding, tolerance, protection of the well-being of all people and nature (the value of “Universalism”).

The indicator of the scale “Parent-controller” (“FES”) is positively correlated with the indicators of the scales “Independence” (rs=.301; p≤.05), “Achievements” (rs=.309; p≤.05), “Power” (rs=.500; p≤.01), “Openness” (rs=.229; p≤.1), “Self-affirmation” (rs=.357; p≤.01) of the method of S. Schwartz (2010) (“PV”), “Antidependence” (“AD”) (rs=.261; p≤.05), “Acquired independence” (“PBP”) (rs=.226; p≤.1), “Assimilative limit” (“PBP”) (rs=.325; p≤.05) and significantly negatively correlates with the indicators of the scales “Self-acceptance” (“SPW”) (rs=-.301; p≤.05) and “Tradition” (“PV”) (rs=-.242; p≤.1).

The indicator of the scale “Parent-guardian” (“FES”) significantly correlates positively with the indicators of the scales “Tradition” (rs=.215; p≤.1), “Conservatism” (rs=.218; p≤.1), “Selftranscendence” (rs=.218; p≤.1) of the method of S. Schwartz (“PV”), “Internal Motivation” (“IPM”) (rs=.215; p≤.1), “Anti-dependence” (“AD”) (rs=.317; p≤.05), “Codependence” (“CD”) (rs=.377; p≤.05), “Innate Independence” (“PPS”) (rs=.242; p≤.1), “Destructive Independence” (“PSS”) (rs=.221; p≤.1), “Completely permeable limit” (“PBP”) and significantly negatively correlates with the indicator of the general score of the method of C. Ryff (1989) (“SHPB”) and its scale “Positive Relations” (rs=-.266; p≤.1).

The indicator of the scale “Free Child” (“FES”) significantly correlates positively with the indicators of the scales “Conformism” (rs=.270; p≤.05) of the method of S. Schwartz (2010) (“PV”), “External motivation” (“IPM”) (rs=.061; p≤.1), “Anti-Dependence” (“AD”) (rs=.226; p≤.1) and significantly negatively correlates with the indicator of the scale “Restraint limit” (“PBP”) (rs=-.231; p≤.1).

The indicator of the scale “Adaptive child” (“FES”) significantly correlates positively with the indicators of the scale “Codependence”

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(“CD”) (rs=.233; p≤.1) and significantly negatively correlates with the indicator of the scale “Openness” (rs=-.224; p≤.1) of the method of S. Schwartz (2010) (“PV”).

Conclusions 1) The essence of the phenomenon of independence as a systemic quality of the personality of the future specialist is revealed, which is based on autonomous behavior, which is characterized by knowledge about oneself, the world and other people. It is characterized by a spontaneous manifestation of authentic feelings and a willingness to enter into open relationships, based on respect for others.

The closest connection with autonomy has a constant pattern of feelings and experiences, focused on taking into account the actual possibilities and autonomous action based on objective data – the ego-state “Adult” (Adult ego-state).

2) It is noted that the system of independence is determined, on the one hand, by the internal organization and the relationship of structural components, and on the other hand, the fact that independence in determining the level of subjectivity is realized in the specific activity of the subject. Thus, independence performs a system-forming function for the subject as a system.

3) Autonomous behavior is characterized by knowledge about oneself, the world and other people, spontaneous expression of authentic feelings and willingness to enter into open relationships. The closest connection with autonomy has a constant pattern of feelings and experiences, focused on taking into account the actual possibilities and autonomous action based on objective data – the ego-state “Adult” (Adult egostate).

4) It was found that the more important for respondents the value of independence, the more they are focused on taking into account the actual possibilities and autonomous action based on objective data (ego-state “Adult”), as well as control, management, criticism of other people (ego-state “Parentcontroller”).

5) The more autonomous students, the less interdependent they are, and vice versa.

Codependence and anti-dependence are significantly positive. The higher the rates of anti-dependence, the more students are prone to control, management, criticism of other people (“Parent-controller”) and at the

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same time, to care for and help other people (“Parent-Guardian”). The higher the rates of codependence, the more students are inclined to care for and help other people (“Parent-Guardian”). The more students are willing to trust others, to identify with them (a completely perceptible boundary), the more they are willing to care for and help other people (“Parent-Guardian”). The functional ego-states “Parent-Controller”, “Parent-Guardian”, “Adult” are all significantly positively related.

6) Our hypotheses are confirmed, the received data are important for an objective understanding of the psychological mechanisms of formation of the independence of the future specialist; the acquired knowledge should be used in the preparation of targeted programs for the development of independence as a systemic quality of personality.

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Motivation of new entrepreneurs in modern economies. Amazonia Investiga, 9(29), 368-373. https://doi.org/10.34069/AI/2020.29.05.41 Popovych, I., Zhigarenko, I., Losiyevska, O., Dovbenko, S., Kashyrina, Ye., Shevchenko, R., & Piletska, L. (2020). Research of Achievement Motivation’s Impaction the Career Orientations of Future Managers of Organization. Revista Inclusiones, 7(Especial), 247-263. http://www.revistainclusiones.org/index.php/inc lu/article/view/1231

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Prontenko, K., Griban, G., Tymoshenko, O., Bezpaliy, S., Kalynovskyi, B., Kulyk, T., Prontenko, V., Domina, Zh., Tkachenko, P., Kozenko, S., Andreychuk, V., & Bloshchynskyi, I. (2019a). Methodical system of kettlebell lifting training of cadets during their physical education. International Journal of Applied Exercise Physiology, 8(3.1), 240-248.

DOI: 10.26655/IJAEP.2019.10.1.

Prontenko, K., Griban, G., Bloshchynskyi, I., Boyko, D., Loiko, O., Andreychuk, V., Novitska, I., & Tkachenko, P. (2019b).

Development of power qualities of cadets of Ukrainian higher military educational institutions during kettlebell lifting training.

Baltic Journal of Health and Physical Activity, 11(3), 27-38. DOI: 10.29359/BJHPA.11.3.04.

Raigorodsky, D. Ya. (2008). Encyclopedia of Psychodiagnostics.

Psychodiagnostics of children. Samara: Bahrakh-M. Rubinstein, S. L. (2007). Bases of general psychology.

St. Petersburg: Peter. http://yanko.lib.ru/books/psycho/rubinshteyn=os novu_obzhey_psc.pdf Ruppert, F. (2010). Trauma, connection and domestic placing. To understand and cure spiritual wounds. Moscow: Institute of advising and system decisions. https://www.studmed.ru/ruppert-franc-travmasvyaz-i-semeynye-rasstanovki-ponyat-i-iscelitdushevnye-rany_aba97fdd0a6.html Ryff, C. D. (1989). Happiness is everything, or is it? Explorations on the meaning of psychological well-being. Journal of Personality and Social Psychology, 57(6), 1069-1081. https://doi.org/10.1037/0022-3514.57.6.1069 Schwartz, S. H. (2010). Basic values: How they motivate and inhibit prosocial behavior. In M. Mikulincer & P. R. Shaver (Eds.), Prosocial motives, emotions, and behavior: The better angels of our nature (p. 221–241). American Psychological Association. https://doi.org/10.1037/12061-012 Shevchenko, R., Popovych, I., Spytska, L., Nosov, P., Zinchenko, S., Mateichuk, V., & Blynova, O. (2020). Comparative analysis of emotional personality traits of the students of maritime science majors caused by long-term staying at sea. Revista Inclusiones, 7(Especial), 538-554. http://www.revistainclusiones.org/index.php/inc lu/article/view/1309 Shkola, O., Griban, G., Prontenko, K., Fomenko, O., Zhamardiy, V., Bondarenko, V., Bezpaliy, S., Andreychuk, V., Tkachenko, P., Zhukovskyi, Ye., Novitska, I., & Bloshchynskyi, I. (2019). Formation of valuable orientations in youth during physical training. International

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Journal of Applied Exercise Physiology, 8(3.1), 264-272. DOI: 10.26655/IJAEP.2019.10.1 Tsiuniak, O., Pyslar, A., Lialiuk, G., Bondarenko, V., Kovtun, O., Los, O., & Popovych, I. (2020).

Research of interdependence of variables and factor structure of masters’ readiness for innovative pedagogical activity. Revista Inclusiones, 7(3), 427-452. http://www.revistainclusiones.org/index.php/inc lu/article/view/1645 Weinhold, B., & Weinhold, J. (2002). Breaking Free of the Codependence. Мoscow: Class. https://www.twirpx.com/file/238614/

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World Medical Association Declaration of Helsinki. (2013). Ethical principles for medical research involving human subjects, 310(20), 2191-4. https://doi.org/10.1001/jama.2013.281053 Zinchenko, S. M., Ben, A. P., Nosov, P. S., Popovych, I. S., Mamenko, P. P., & Mateychuk, V. M. (2020). Improving the accuracy and reliability of automatic vessel moution control systems. Radio Electronics, Computer Science, Control, 2, 183-195.

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Ríos-Cuesta, W. / Volume 10 - Issue 41: 96-105 / May, 2021

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DOI: https://doi.org/10.34069/AI/2021.41.05.9

Argumentación en educación matemática: elementos para el diseño de estudios desde la revisión bibliográfica27 Argumentation in mathematics education: elements for the design of studies from the literature review Received: April 10, 2021

Accepted: May 30, 2021

Written by: Wilmer Ríos-Cuesta28 https://orcid.org/0000-0001-8129-2137 Resumen

Abstract

Diversos estudios han comentado la importancia de la argumentación en la construcción de conocimiento matemático y las implicaciones en el desarrollo de competencias. Estos estudios han centrado su mirada en el análisis de la actividad discursiva en el aula en torno a la construcción individual y colectiva de argumentos válidos.

Otros, en cambio, en la cognición que desarrollan los estudiantes en las interacciones en clase y tratan de acercarlos a los procesos de prueba mediante la presentación de argumentos deductivos. Sin embargo, son diversas las posturas sobre lo que se entiende como argumentación, al punto que algunos conciben la prueba como una forma particular de argumentación. En este estudio se presenta un análisis documental que resulta útil para futuras investigaciones en educación matemática al develar algunas posturas encontradas en investigaciones sobre argumentación, así como algunos marcos teóricos predominantes para analizar los actos de habla, de modo que les permita a los investigadores posicionarse de acuerdo con el tipo de investigación que desarrollen. Se destaca el uso del modelo de Toulmin para tipificar argumentos y la propuesta del modelo ck¢ para indagar en los conocimientos que movilizan los estudiantes en los procesos de argumentación.

Several studies have commented on the importance of argumentation in the construction of mathematical knowledge and its implications in the development of competencies. These studies have focused on the analysis of discursive activity in the classroom around the individual and collective construction of valid arguments. Others, on the other hand, focus on the cognition developed by students in classroom interactions and try to bring them closer to the proof processes through the presentation of deductive arguments.

However, the positions on what is understood as argumentation are diverse, to the point that some conceive proof as a particular form of argumentation. This study presents a documentary analysis that is useful for future research in mathematics education by revealing some positions found in research on argumentation, as well as some predominant theoretical frameworks for analyzing speech acts, in order to allow researchers to position themselves according to the type of research they develop. The use of Toulmin's model to typify arguments and the proposal of the ck¢ model to investigate the knowledge mobilized by students in the argumentation process are highlighted.

Keywords: Argument Analysis, Argumentation in Mathematics, Classroom Discourse, Types of Arguments, Documentary Review.

Palabras clave: Análisis de Argumentos, Argumentación en Matemáticas, Discurso en el Aula, Tipos de Argumentos, Revisión Documental.

27

Artículo derivado del proyecto de tesis doctoral Implicaciones de la interactividad en la argumentación en clase de matemáticas por estudiantes de secundaria desarrollado en la Universidad del Valle.

28 Licenciado en Matemáticas y Física, Magíster en Educación, estudiante de Doctorado en Educación, Instituto de Educación y Pedagogía, Universidad del Valle, Colombia.

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Introducción Las investigaciones sobre argumentación educación matemática se sitúan en la línea razonamiento, argumentación y prueba en Grupo Internacional para la Psicología de Educación Matemática -PME-.

en de el la

En el Eleventh Congress of the European Society for Research in Mathematics Education CERME 11- realizado en febrero de 2019, se presentaron propuestas relacionadas con la argumentación y prueba que fueron abordadas en el Thematic Working Group 1 (TWG1), de estas, 30 fueron artículos y 11 posters.

De acuerdo con Stylianides et al. (2019), las contribuciones presentadas hacen referencia a puntos de vista matemáticos, lógicos, históricos, filosóficos, epistemológicos, psicológicos, curriculares, antropológicos y sociológicos.

Entre los temas tratados se abordaron aspectos relacionados con la argumentación y prueba a nivel escolar, en la formación del profesorado, diseño de tareas para promover la argumentación, estudios de intervención, evaluación y análisis de la argumentación y la prueba, perspectivas teóricas y filosóficas de la argumentación (Stylianides et al., 2019), lo cual nos brinda una visión sobre los intereses investigativos.

Estos estudios ponen en el centro de la actividad matemática, la actividad discursiva en el aula y la emisión de argumentos con algunos propósitos como validar, convencer y disentir. Para lograr este objetivo el profesor busca promover la discusión de tareas en clase para alentar el debate y la confrontación de ideas, lo cual permite la negociación de significados y la evolución de los argumentos (Acosta & Hermosa, 2015; Benítez et al., 2016; Ríos-Cuesta, 2020). Desde esta perspectiva, la argumentación tiene un carácter retórico (Durango, 2017; Habermas, 1999), pues apunta a la persuasión del auditorio, lo cual genera un ambiente para promover algunos tipos de argumentos en los estudiantes.

Otros estudios buscan acercar a los estudiantes a los procesos de prueba y sitúan la mirada en las cualidades lógicas y en la estructura de los argumentos (Fiallo, 2010; Fiallo y Gutiérrez, 2017; Molina, 2019; Otten et al., 2017). Esta perspectiva se enfoca en el carácter lógico de la argumentación y en la tipificación de los argumentos en clase. Desde esta postura interesa identificar la cadena de razonamientos usados para la construcción del argumento, luego se clasifican en inductivos, abductivos y

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deductivos. Sin embargo, algunos estudios ofrecen una clasificación mayor como se mostrará más adelante. Lo usual en este tipo de estudios es el uso del modelo de Toulmin o la reducción que propone Krummheuer a dicho modelo.

Desde la perspectiva dialéctica interesa conocer los procesos pragmáticos de la argumentación que buscan analizar la estructura de los argumentos en un contexto donde coinciden, en el mismo espacio, un emisor y un receptor (Habermas, 1999; Nielsen, 2011; Simpson, 2015). En estos estudios, los argumentos tienen el propósito de justificar o refutar buscando defender un punto de vista.

Por otro lado, La National Council of Teachers of Mathematical [NCTM] declaró que uno de los objetivos de la educación matemática es ayudar a que los estudiantes produzcan argumentos matemáticos como una oportunidad para aprender matemáticas (NCTM, 2000).

Krummheuer (2015) asume una postura sobre aprender matemáticas la cual se aleja de la acumulación de información y se vincula con la participación en clase y la define como: En lo que respecta al aprendizaje de las matemáticas, se suele asumir que el sentido de la argumentación matemática es una condición previa a la posibilidad de aprender matemáticas y no sólo el resultado deseado. En este sentido, el aprendizaje de las matemáticas es un aprendizaje argumentativo. (p. 53) A partir de allí, en los actuales currículos se plantea la formación de ciudadanos críticos y reflexivos con el conocimiento y capaces de razonar (De Gamboa et al., 2010). Desde entonces, las investigaciones sobre argumentación en matemáticas han ido en aumento. Se han hecho estudios para enseñar a probar a estudiantes de educación secundaria buscando un nicho para su implementación en el currículo (Fiallo, 2010).

Sin embargo, estudios como los de Goizueta (2015) y Goizueta (2019), señalan que los estudiantes tienen dificultades para justificar lo que hacen y dicen en la clase de matemáticas, esto dificulta la inclusión de tareas matemáticas más complejas favoreciendo la planeación de actividades en las que los estudiantes practican la ejecución de algoritmos prescritos por el profesor. Planas (2007), menciona que, en otros casos, los estudiantes presentan justificaciones

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98 de sus ideas sin una relación con las ideas ya expresadas.

Ante la exigencia permanente de argumentos por parte del profesor hacia los estudiantes, donde se les solicita justificar sus razonamientos, estos suelen cambiar sus respuestas pues asumen que el procedimiento empleado es incorrecto. Esto indica la falta de conciencia sobre el uso de un determinado algoritmo o la evidencia de un aprendizaje memorístico con poca comprensión de la actividad matemática que se desarrolla en el aula.

El objetivo de este estudio fue identificar corrientes investigativas en argumentación en educación matemática y poner de relieve algunas cuestiones relevantes en los estudios desarrollados en esta línea de investigación, se proponen elementos para la discusión en torno a algunas preguntas que no se han respondido y que permiten reflexionar sobre las tendencias investigativas y los marcos de análisis predominantes.

Metodología Se presenta un estudio de corte cualitativo interpretativo. Se hizo un análisis documental que buscó contextualizar las tendencias en argumentación y las alternativas que tienen los investigadores nóveles que se interesan por esta línea de investigación, lo que lo convierte en un insumo para la toma de decisiones, establecer el camino del análisis de los datos y tipificar los argumentos en clase. En ese sentido, se buscaron documentos que ayudaran a identificar tres aspectos fundamentales en la línea de investigación que son: la forma de tipificar/clasificar argumentos, las posturas sobre argumentación y los marcos de análisis usados para examinar la estructura de los argumentos, los cuales, a su vez, constituían las categorías de análisis. Las bases de datos utilizadas corresponden a Springer, SciELO, Scopus, Web of Science, Google Académico, Elsevier y Eric, en un intervalo de 2015-2020.

Resultados y discusión Primera categoría: argumentos

tipología

de

los

Algunas investigaciones hechas en esta línea buscan identificar los tipos de razonamientos de los estudiantes de acuerdo con el tipo de argumento emitido. Pedemonte y Reid (2010), hacen una distinción entre argumentos abductivos, deductivos e inductivos. Los

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argumentos abductivos parten de las implicaciones para llegar a las consecuencias; en este tipo de argumentos la conclusión es extraída a partir de una serie de premisas. Los argumentos deductivos parten de una premisa universal para llegar a una conclusión particular, también de una premisa particular para llegar a una conclusión particular o de una premisa universal para llegar a una conclusión universal; en estos argumentos la información de la conclusión está contenida en las premisas. Los argumentos inductivos parten del análisis u observación de casos particulares en los que la persona produce una generalización a partir de casos concretos.

Otra tipificación de los argumentos sugiere hacer una distinción entre argumentos inductivos, abductivos, deductivos, o por analogía (Conner et al., 2014; Reid y Knipping, 2010). Este último es el resultado de la comparación de las semejanzas entre dos estructuras y con base en ella hacer inferencias. Se encontró que hay interés por desarrollar modelos integrales para analizar los argumentos reconociendo en ellos cualidades lógicas, dialécticas y retóricas (Durango, 2017). Precisamente por sus cualidades retóricas podemos hacer una distinción entre argumentación y prueba si se tiene en cuenta el público objetivo y la función del argumento. Por ejemplo, Perelman y Olbrechts-Tyteca (2006), mencionan que para probar en matemáticas no se requiere la adhesión de un público, basta con una cadena de razonamientos de tipo deductivo construidos en el sistema axiomático propio de las matemáticas para validar el conocimiento. Es decir, no se busca convencer a otros, contrario a lo que busca un argumento de tipo retórico o dialéctico que busca la adhesión del público.

Estudios recientes agregan una distinción a los tipos de argumentos que son usados por los estudiantes y los clasifican como formales e informales, dentro de los argumentos informales mencionan los argumentos visuales, los cuales se basan en el uso de imágenes o representaciones de los objetos matemáticos que son tomados como datos por los estudiantes para argumentar (Cervantes-Barraza y Cabañas-Sánchez, 2018; Crespo, 2007; Estrella et al., 2017; Llanos et al., 2007). En cambio, los argumentos formales se basan en el uso de un sistema axiomático formal propio de las matemáticas, es decir, se fundamenta en el uso de definiciones, teoremas, axiomas, entre otros (Viholainen, 2008).

Otra clasificación sobre los tipos de argumentos es la mencionada por Krummheuer (1995, 2007), quien distingue entre argumentos analíticos y

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sustanciales. Dicho autor concibe como argumentos analíticos aquellos que se originan por deducciones lógicas. En cambio, los argumentos sustanciales son aquellos que resultan de la extensión de significados y sirven para explicar razones.

Segunda categoría: posturas en torno a la argumentación Los estudios sobre argumentación en clase de matemáticas han permitido analizar la actividad discursiva en el aula en torno a la construcción individual o colectiva de argumentos válidos (Baudino et al., 2019). Algunos estudios centran su mirada en la cognición que desarrolla el estudiante en su interacción con el profesor o con sus pares (Ayalon & Hershkowitz, 2018; Chico, 2014, 2018; Erkek & Işıksal-Bostan, 2019; Hoyos, 2018; Kukliansky, 2019; McCrone, 2005; Muller-Mirza et al., 2009; Ruiz, 2012; Yopp, 2015), otros en cambio, buscan acercar a los estudiantes a procesos de prueba mediante la presentación de argumentos deductivos concibiendo la prueba como una forma particular de argumentación (Balacheff y Margolinas, 2005; Camargo, 2010; Fiallo, 2010; Fiallo y Gutiérrez, 2017; Molina, 2019; Pedemonte y Balacheff, 2016), también encontramos estudios que reportan una distancia o ruptura cognitiva entre argumentación y prueba, ofreciendo una distinción en cuanto al propósito de cada una (Duval, 1991; Duval, 1999; Perelman y Olbrechts-Tyteca, 2006).

Más allá de las posturas con que se aborden las investigaciones, una cuestión latente es la falta de consenso sobre lo que se entiende como argumentación y prueba, así como sus vínculos o distancia. Se ponen a consideración algunas ideas para aportar a la discusión.

Krummheuer (1995), asume la argumentación como un fenómeno social que puede ser colectivo o individual en el que se busca la veracidad o falsedad de una afirmación. Este autor pone el énfasis en la interacción de los estudiantes. Por otro lado, Duval (1999), distingue entre argumento y prueba aduciendo que la prueba es un razonamiento valido, en tanto un argumento busca la pertinencia.

Otra perspectiva es presentada por Rojas (2006), quien señala que argumentar es hacer uso del lenguaje verbal para convencer o persuadir, en forma razonada, a otros sobre una cuestión o asunto, al hacerlo se parte de una premisa que se supone cierta y mediante prácticas explicativas se relacionan los datos y se concluye de manera

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convincente. Una postura similar es adoptada por Rumsey y Langrall (2016), quienes además afirman que la argumentación brinda la posibilidad de que los estudiantes puedan socializar procedimientos, respuestas y puntos de vista sobre la actividad que desarrollan, de tal suerte que se pueden construir argumentos viables y se pueden criticar los razonamientos de los otros estudiantes.

Para Muller-Mirza et al. (2009), la argumentación es una actividad de tipo cognitivo que involucra habilidades de la lógica y el razonamiento. Esta visión sobre argumentación le da una importancia al diálogo e involucra varias dimensiones del individuo como la cognitiva, la afectiva y la comunicativa, lo cual enriquece las situaciones dentro del aula. Sin embargo, se vuelve tan compleja que sólo parece surgir en determinados contextos que vinculan aspectos cognitivos y sociales.

Por otro lado, Crespo, Farfán y Lezama (2010), conciben la prueba como una práctica social que es llevada a cabo por la comunidad matemática como mecanismo de validación de sus producciones. Al considerarla como una práctica social y mirarla en el marco de la Teoría Socioepistemológica, las prácticas sociales que dan origen al conocimiento cambian entre las diferentes comunidades. De cierto modo, cobran sentido los procesos de validación que se gestan al interior del aula, y la forma como cada comunidad concibe la prueba y a qué le llaman probar.

De acuerdo con Goizueta y Planas (2013), la argumentación es un proceso mediante el cual se produce un discurso conectado lógicamente sin que ello implique que sea deductivo. Por el contrario, van Eemeren et al. (2013), ven la argumentación como una actividad verbal y social de la razón en la que se busca la aceptación o el rechazo de un punto de vista mediante la presentación de proposiciones que buscan justificarlo o refutarlo. Una perspectiva similar es presentada por Fiallo y Gutiérrez (2017), quienes definen la argumentación como una secuencia de enunciados verbales basados en elementos matemáticos que buscan explicar algún resultado. Solar (2018), en cambio, hace una distinción entre argumentación en el aula de matemáticas y argumentación matemática, la primera entendida como el proceso que busca convencer a otro y la segunda está asociada con la prueba que realiza un resolutor, donde no necesariamente median varios puntos de vista.

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100 Una de las decisiones que debe tomar el investigador que desee trabajar en esta línea, es su posicionamiento sobre lo que considera argumentación. Esto marca el rumbo al momento de hacer el análisis de la información donde se buscan los segmentos de argumentación para luego identificar sus componentes, intencionalidades o propósitos.

Tercera categoría: marcos de análisis usados Una constante en este tipo de estudios es el uso del modelo de Toulmin (2003), el cual surge como una crítica a la argumentación deductiva en

respuesta a la argumentación sustantiva, la cual se basa en el análisis de premisas y conclusiones.

Ofrece elementos para explicar desde un esquema lógico la estructura de un argumento.

Toulmin (2003), considera seis elementos relacionados con la argumentación (ver figura 1), entre ellos los datos D (data), los permisos de inferir Pi (warrant), el soporte S (backing), el indicador de fuerza modal F (modal qualifiers) del argumento, las refutaciones potenciales Rp (rebuttals) del enunciado conclusión y el enunciado E (claim) o conclusión.

Figura 1. Modelo de toulmin.  

   

Los datos D son hechos o evidencia con las que se cuenta para iniciar el proceso de argumentación.

Los permisos de inferir Pi es una regla general o principio que sirve de fundamento para pasar de los datos al enunciado. Se manifiesta mediante una serie de afirmaciones que buscan establecer la relación entre los datos y el enunciado.

El soporte S es la base para los permisos de inferir, este soporte autoriza los permisos de inferir y brinda motivos de validez.

El indicador de fuerza modal F muestra el grado de certeza o la fuerza del enunciado.

Las refutaciones potenciales Rp son las excepciones a la conclusión, casos particulares o contraejemplos.

El enunciado C es la conclusión a la que se llega como resultado del proceso de argumentación.

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Cuando una persona emite un argumento, toma en cuenta los datos y de acuerdo con la lectura que haga de estos, emite una conclusión o enunciado. En esa transición, se hace uso del permiso de inferir el cual teje un puente entre los datos y la conclusión. En ese sentido, el permiso de inferir es una regla o principio que permite establecer una conexión lógica, de modo que cuando se hace una refutación al argumento, lo que se cuestiona es el permiso de inferir, en consecuencia, el estudiante se ve inmerso en una situación en la que debe hacer más explícitos los permisos de inferir. Al darse la situación anterior, el estudiante puede recurrir al soporte para explicitar el permiso de inferir haciendo uso de justificaciones.

Si bien el modelo ha sido usado ampliamente en diversas investigaciones, Solar y Deulofeu (2016), indican que rara vez todos los elementos del modelo aparecen en una clase. En 1995

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Krummheuer propone una reducción al modelo original de Toulmin tomando cuatro de sus elementos, datos, permisos de inferir, soporte y conclusión. Sin embargo, cada vez son más las investigaciones en las que se utiliza el modelo de Toulmin con tres de sus componentes, datos,

permisos de inferir o garantías y conclusión o aserción. Por ejemplo, Molina et al., (2019), usan la estructura ternaria del modelo de Toulmin para analizar la estructura de los argumentos analógicos, abductivos y deductivos (ver figura 2).

Figura 2. Reducción al Modelo de Toulmin propuesto por Krummheuer.

Por otro lado, algunas investigaciones han tratado de complementar el modelo de Toulmin para dar cuenta de otros aspectos en la argumentación tales como los conocimientos que movilizan los estudiantes al resolver un problema, nos referimos al modelo ck¢ propuesto por Balacheff (1995). Este marco permite realizar un análisis cognitivo de las producciones de los estudiantes y brinda elementos al profesor para abordar las dificultades de aprendizaje y apoyar la evolución de este.

El modelo ck¢ se compone de:    

P: un conjunto de problemas.

R: un conjunto de operadores.

L: un sistema de representación. Σ: una estructura de control. (Balacheff y Margolinas, 2005, p. 80)

Sobre la integración de ambos modelos, Pedemonte y Balacheff (2016), afirman que: A efectos de la integración de ambos modelos, utilizamos el hecho de que para una determinada concepción (P, R, L, Σ) un problema matemático P puede ser representado por un conjunto de enunciados expresados mediante el sistema de representación L. Por lo tanto, la aplicación de una regla R (un operador) transforma un conjunto inicial de enunciados (datos) en un nuevo reclamo. La serie de transformaciones termina cuando se llega a un enunciado final que se afirma “verdadero” basado en la estructura de control Σ. Encadenando los esquemas de Toulmin que representan el desarrollo de la argumentación se hará entonces evidente que varias concepciones pueden contribuir a resolver un problema. (p. 107) La forma como se integran los dos modelos se presenta en la figura 3.

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102

Figura 3. Integración del modelo ck¢ al modelo de Toulmin (Pedemonte & Balacheff, 2016, p. 108) Con este modelo se han hecho estudios para establecer relaciones de continuidad entre la argumentación y la prueba. Sin embargo, como ya se presentó anteriormente, gran parte de los estudios se enfocan en el desarrollo de la actividad argumentativa como una forma de hacer explícitos los razonamientos en clase, debatir su contenido, persuadir o refutar puntos de vista y construir conocimiento.

Conclusiones Cada vez más los estudios sobre argumentación matemática cobran relevancia, su inclusión en el currículo como competencia a desarrollar por los estudiantes desde los grados inferiores invita a vincularlos en la construcción del conocimiento desde perspectivas socioculturales. Uno de los desafíos a los que se enfrentan los profesores, es poder distinguir lo que se considera como argumentación y prueba, por eso, en este estudio se trata de poner de relieve las diversas posturas que se han desarrollado, esto permite que los profesores puedan situarse de manera conceptual, así como decidir sobre el modelo de análisis a utilizar para tipificar los argumentos en clase.

Es crucial, que los estudiantes se involucren en el desarrollo de prácticas argumentativas que les permitan desarrollar una visión crítica frente al conocimiento. Además, que les ayude a desenvolverse socialmente, de igual modo, los profesores deben desarrollar habilidades que les permitan identificar los momentos de argumentación en el aula y actuar en

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consecuencia. Estudios como los de Conner et al.

(2014), indican que las intervenciones del profesor ayudan a que los estudiantes mejoren sus niveles de argumentación. Ante esto, la formación continuada del profesorado debe proveerle herramientas conceptuales para su identificación en clase y la toma de decisiones.

En este estudio no se hace un análisis profundo dado que el objetivo es poner sobre la mesa las distintas posturas que se han considerado sobre la argumentación, su relación o distancia con la prueba y la importancia que ha despertado en algunos investigadores en educación matemática. Se espera que los elementos constitutivos del mismo sirvan de base para seguir la discusión y aportar más elementos que orienten a los investigadores noveles, que se interesan en la línea de argumentación y prueba a nivel de pregrado, maestría y doctorado.

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Mathematics teachers’ attention to potential classroom situations of argumentation. Journal of Mathematical Behavior, 49, 163-173. https://doi.org/10.1016/j.jmathb.2017.11.010

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Balacheff, N. (1995). Conception, connaissance et concept. In D. Grenier (Ed.), Didactique et technologies cognitives en mathématiques, séminaires 1994-1995 (pp. 219-244). Grenoble: Université Joseph Fourier.

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Ríos-Cuesta, W. (2020). Competencias de argumentación y modelización en estudiantes de secundaria: la necesidad de un cambio de paradigma en la Educación Matemática del Chocó, Colombia. Pesquisa E Ensino, 1, 1-21. https://doi.org/10.37853/pqe.e202020 Rojas, C. (2006). Procesos de argumentación y demostración en un grupo de alumnos de ingeniería. Zona Próxima: Revista Del Instituto de Estudios Superiores En Educación, 7, 40-49. http://www.redalyc.org/pdf/853/85300702.pdf Ruiz, F. J. (2012). Caracterización y evolución de los modelos de enseñanza de la argumentación en clase de ciencias en la educación primaria (Tesis doctoral), Universitat Autònoma de Barcelona.

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DOI: https://doi.org/10.34069/AI/2021.41.05.10

Combating political crimes committed by members of informal youth groups Боротьба з політичними злочинами, що вчиняються членами молодіжних неформальних груп Received: May 2, 2021

Accepted: June 5, 2021

Written by: Mikhail Larkin29 https://orcid.org/0000-0002-4676-460X Viktor Boiarov30 https://orcid.org/0000-0001-9155-505X Volodymyr Buha31 https://orcid.org/0000-0002-0655-5256 Ivan Kubariev32 https://orcid.org/0000-0003-1053-9758 Yuliia Loboda33 https://orcid.org/0000-0002-1772-3227 Abstract

Анотація

In modern conditions of the development of public relations and political life, criminal activity in Ukraine is changing and transforming.

In such transformational conditions, the commission of political crimes by members of informal youth groups is becoming more widespread. Given the above, the need to analyze political crimes committed by members of informal youth groups, methods, and means of combating such crimes, including foreign positive experience, becomes especially relevant.

The work aims to analyze the means and methods of combating political crimes committed by members of such groups. The object of the research is the fight against political crimes committed by members of informal youth groups. The subject of the study is the social relations that arise, change, and end during the fight against political crimes committed by members of these groups. The research methodology is a set of different scientific methods, including observation, analysis, synthesis, extrapolation, generalization, comparison, dialectical method. The empirical

У сучасних умовах розвитку суспільних відносин та політичного життя змінюється та трансформується злочинна діяльність в Україні. В таких трансформаційних умовах все більшого поширення набуває вчинення політичних злочинів членами молодіжних неформальних груп. Зважаючи на вищевикладене, особливої актуальності набуває необхідність аналізу політичних злочинів, що вчиняються членами молодіжних неформальних груп, способів і засобів боротьби з такими злочинами, в тому числі іноземного позитивного досвіду. Метою роботи є здійснення аналізу засобів та способів боротьби з політичними злочинами, що вчиняються членами молодіжних неформальних груп. Об’єктом дослідження є боротьба з політичними злочинами, що вчиняються членами молодіжних неформальних груп. Предметом дослідження є суспільні відносини, що виникають, змінюються і припиняються під час боротьби з політичними злочинами, що вчиняються членами молодіжних неформальних груп.

29

Ph. D., Associate Professor, Associate Professor of Department of Criminal Law and Justice of Zaporizhzhia National University, Ukraine.

30 Ph. D., Associate Professor, Professor of Department of Criminal Procedure and Forensics of Academy of Advocacy of Ukraine, Ukraine.

31 Ph. D., Associate Professor, Dean of the Faculty No. 3 of Donetsk Law Institute of the Ministry of Internal Affairs of Ukraine, Ukraine.

32 Ph. D., Associate Professor, Head of the Department of Criminal Legal disciplines of the Faculty No. 2 of Donetsk Law Institute of the Ministry of Internal Affairs of Ukraine» Ukraine.

33 Ph. D., Associate Professor, Associate Professor of the Department of Theory and Practice of English Translation of Taras Shevchenko National University of Kyiv, Ukraine.

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basis of the study was the materials of the investigation of crimes committed by members of informal youth groups. As a result of the study, some issues of combating political crimes committed by members of informal youth groups were considered. Three main reasons for the participation of informal youth groups in political confrontations are highlighted, and certain issues of investigation of this type of criminal activity are considered.

Keywords: political crimes, political confrontations, political party, investigation, youth, informal group.

Методологію дослідження складає комплекс різних наукових методів, серед яких: спостереження, аналіз, синтез, екстраполяція, узагальнення, порівняння, та діалектичний метод. Емпіричною основою дослідження стали матеріали розслідування злочинів, скоєних членами молодіжних неформальних груп. В результаті проведеного дослідження були розглянуті деякі питання боротьби з політичними злочинами, що здійснюються членами молодіжних неформальних груп. Виділено три основні причини участі молодіжних неформальних груп в політичних протистояннях, а також розглянуті окремі питання розслідування зазначеного виду злочинної діяльності. Ключові слова: політичні злочини, політичні протистояння, політична партія, розслідування, молодь, неформальна група.

Introduction Considering political crime, according to the legal approach, as a set of homogeneous political crimes, recognized as such by the legislator, committed in a certain territory over a certain period of time (Kabanov, 2008), it should be recognized as one of the most complex and resonant categories of criminal proceedings.

The term "political crime" is used to refer to torts related to power struggles, socio-political, religious, ethnic, national, separatist, foreign policy, and other reasons.

Also, political crime can be presented in the form of a socially dangerous form of struggle of the ruling or opposition political elites for power or its unlawful retention (Kudryavtsev, & Eminov, 2005). In connection with this, it is impossible to ignore the issues of participation in them of various informal youth groups (associations, movements, formations, formations, etc.), which see their activities in the "protest to society."

A. Schopenhauer wrote: “To attach excessive importance to the opinion of others – this mania possesses everyone, whether it is rooted in our very nature or arose as a result of social life and civilization” (Schopenhauer, 2012). It is the opinion, ideology, ideas of the majority, or a particular stratum of society that are opposed by various kinds of informal youth groups. One of the types of such confrontation is the commission of crimes of a political nature.

In the post-Soviet space, the determination of political crime is facilitated by restrictions on

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suffrage, discriminatory behavior of state bodies against members of opposition movements and parties, errors, and miscalculations in national policy, including the imposition of the ruling elite's ideology and socio-political practices unacceptable to society. Thus, the cause of political crime is the lack of stability in society.

A dilemma arises when stability becomes the highest social value of society but is achieved with a high level of authoritarianism with accompanying political and legal flaws of power.

At present, Ukraine needs a complex and long way to balance the interests of power and segments of society, provided the appropriate level of political and legal culture, which also leads to political stability.

The protest movement in Ukraine is based on the unwillingness of the authorities and informal organizations to understand each other, open disregard for rights and responsibilities, failure to ensure constructive dialogue to maintain public peace in society – these and other factors have led to a sharp rise in political crime and Ukraine has become an arena for criminal political battles.

According to statistical reports of the Prosecutor General's Office, in 2019 all law enforcement agencies (except the National Anti-Corruption Bureau of Ukraine) allegedly exposed 293 organized criminal groups, which is really slightly more than in 2013-2018 (in 2018 - 288, in 2017 - 210, in 2016 - 136 and 185 - in 2013), but, at the same time, much less than in 2010 397 and in 2009 - 379, as well as 16 criminal organizations, which is also more indicators of

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108 2016-2018. At the same time, the fact that out of the total number of organized criminal groups and criminal organizations detected in 2019, 29 were with corrupt connections, which is also more than in 2018 - 21, in 2017 - 25, in 2016 - 15 and 2015 - 17, but, again, less than in 2014 - 32 and, even more so, in 2013 – 33 (Slovo i Dilo, 2018). Simultaneously, in 2019, the number of identified organized criminal groups and criminal organizations with international relations decreased - 6 - in 2018 - 7, in 2017 - 11, in 2016 - 18, and compared to 2010, when 40 of them were detected, less than 6 times (Shekhavtsov, & Khavronyuk, 2019). In addition, according to statistics, in 2019, a total of 2,437 criminal offenses were allegedly committed as part of the organized criminal group and the Criminal Organization, which is less than in 2018 - 2,513, in 2010 - 3,135 and 2009 - 3,514, but more than in the previous two years: in 2017 - 1,727, and 2016 - 1,235 (Baganets, 2020).

Given the above, there is an urgent need to research the fight against political crimes committed by members of informal youth groups, the causes of such crimes, the possibility of their prevention, as well as to analyze the specifics of combating such crimes in foreign countries.

Theoretical Framework or Literature Review When working on the article, the scientific literature was analyzed, devoted to the fight against crime, its causes; investigation of political crimes; investigation of group crimes; informal youth groups (associations, movements, etc.).

The combat against political crimes committed by members of informal youth groups has been studied by the following scientists: Kabanov (2008), Meneghetti (2005), Zelensky, Meretukov, Gusev, and Danilyan (2013), Ananich and Anikeeva (2017), Fromm (2013), Kolomoiets, Liutikov, and Larkin (2017), Lisovets (2011), Roszak (1995), Shepitko (2009), Larkin, Dudorov, Pyrozhkova, Dudorova, and Biryukova (2020), and Gross (2002). However, crimes committed by members of informal youth groups and ways to combat them, unfortunately, are insufficiently studied.

Thus, Kabanov (2008) considered political crime: concept, essence, types, reasons, the personality of a political criminal, countermeasures. The researcher believes that the difficulty of crime traditionally occupies one

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of the leading positions in public opinion among the most acute social problems. There has been a sharp increase in the number of crimes committed, and their social danger has increased.

Criminological studies of "political repression" and scientific analysis of political events associated with the collapse of interstate associations (Warsaw Pact, USSR), accompanied by interethnic, ethnic, and political conflicts, led experts to the conclusion that crime associated with obtaining and retaining power – reality. In this regard, the first major scientific publications by criminologists about crime among the ruling political elite appeared, while the most dangerous forms of its manifestation were indicated: political terrorism (violence by the authorities) and political corruption (the corruption of power).

Moreover, Kudryavtsev and Eminov (2005) studied the general provisions on crime and the composition of the crime, which allowed him to avoid logical errors in the study of a crime.

What is more, Aphorisms by Schopenhauer (2012), the works of Meneghetti (2005) and Fromm (2013) were used to understand the life wisdom of prominent people on political crime and the psychological foundations of the analysis of criminal behavior.

Further, Ananich and Anikeeva (2017) drew attention to the analysis and forecasting of crime and noticed that, based on the study of the mechanisms used by international organizations and other countries in the fight against crime, the degree of their use in the Republic of Belarus is analyzed and special attention is paid to the experience in assessing corruption risks, approaches to their identification. Based on statistical data on corruption crime, a general analysis of the influence of individual factors on its dynamics is carried out.

Additionally, Kolomoiets, Liutikov, and Larkin (2017) analyze the informal youth associations as a business reality. So, an informal youth environment is not only an integral part of today’s reality but also a complex multi-vector problem. In the study, the informal associations are divided into three groups: informal youth associations, on which people earn (skinheads and hipsters); informal youth associations that earn (freaks, suicidal groups in social networks); informal youth associations, on which people earn and that earn (anime fans, gamers, bikers, football fans). The researchers concluded that the “life activity” of informal communities is predetermined not only by some ideas, views,

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moods, way of life but also by business opportunities and opportunities to make a profit.

Thus, for the first time since Ukraine gained independence, informal youth groups are seen as a platform for engaging in entrepreneurial activities. The results of the study can be used to further study various aspects of the informal youth environment. In particular, in the context of combating illegal business activities, tax evasion.

Also, Larkin (2019) analyzed the causes of informal youth groups (associations) of criminal orientation. He noted that the analysis, in the context of forensic research, the problems of informal youth groups (associations) of criminal orientation, as a complex socio-legal phenomenon, suggests three principal causes such formations: 1) crisis processes in family relations; 2) age characteristics of the adolescent, and; 3) global policy of conformism.

These reasons are subject to clarification, additional study and should be the subject of comprehensive research.

It should be mention, Lisovets (2011) examined in detail and developed a book, which considered the theory and methods of working with children's and youth organizations in Ukraine.

It also worth to note, that Zelensky, Meretukov, Gusev, and Danilyan (2013) and Shrub (2018) explained the forensic methods of investigating certain types and groups of crimes and drew attention to the fact that the forensic mechanism of committing a crime, being individual for each act, also has common, repeating properties. For crimes of one type, typical may be: the method, the setting of the commission, connections, and other factual data generated in this case.

Elements of an investigation may also be typical: evidence, its sources, means, and methods of obtaining it. The investigation methodology is based on criminal and criminal procedure legislation. Criminal law defines the concept of a crime, its composition, and other fundamental issues, the specific type of crimes. Criminal procedural norms provide for the circumstances to be proved and the means of collecting evidence. The content of the methodology includes the theoretical provisions of forensic science and the generalized experience of investigating crimes.

A particular attention should be paid to the work of Shepitko (2009), who developed a course of

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lectures "criminology", which were taken as a basis for this study, providing definitions of concepts and areas of combating political crime.

Moreover, Larkin, Dudorov, Pyrozhkova, Dudorova, and Biryukova (2020) analyzed the issue of the investigation of crimes committed by members of informal youth groups. In their research, the authors concluded, the features of proposing a version of the involvement of members of a informal youth group in criminal activity are considered. Initial investigative (search) actions are determined, which serve as the basis for verifying the indicated version.

Furthermore, Boiarov, Larkin, Legkykh, Melkovskyi, and Hromova (2019) studied the problem of the prevention of the financing informal youth groups of the extremist. Their article proposes to divide all informal youth groups (associations) that commit crimes of extremist nature into two types: 1) formed by its leader(s), and; 2) acting as the youth part of international extremist organizations, radical movements, and political parties.

The works, devoted to the study of the psychology of investigative activity, transnational extremism, were also analyzed, and the guidelines for forensic investigators were retrospectively examined (Gross, 2002; Davydov, 2016; Kazmirenko, 2009).

It is worth paying attention to the book of Larkin (2020), who analyzed the peculiarities of the use of linguistic knowledge in the investigation of crimes committed by members of informal youth groups (associations). The author emphasizes that the development of different methods of generalization of criminalistic methods of investigation of criminally punishable manifestations of extremism, in particular those committed by members of informal youth groups, is becoming quite relevant for both law enforcement practitioners and forensic scientists.

Moreover, it should be taken into account that this process is complicated by the lack of a legislative definition of extremism, extremist activity, extremist formation (organization), etc. in Ukraine. The quality of the planning of the initial stage of the investigation of crimes committed by members of informal youth groups (associations), in particular extremist ones, largely determines whether the perpetrators will be exposed. Also, some questions of planning of investigation in the specified category of criminal encroachments are defined, problematic questions of inspection of a scene are considered.

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110 The purpose of the inspection of the scene in these criminal proceedings is: to identify traces of the offense and physical evidence; clarifying the circumstances of the event that is the subject of the investigation; other circumstances that are relevant to the proceedings (data on persons – eyewitnesses and participants, organizers of the event, the victims, as well as the presentation of versions of the event, that is the subject of the investigation). In addition, the specifics of the interrogation of individual participants in these criminal proceedings (victim, witness) have been established. It is highlighted that in the process of investigating extremist manifestations of informal youth, the investigator cannot neglect two forms of special knowledge, namely: 1) involvement of specialists in conducting investigative (search) actions, and; 2) appointment of forensic examinations.

Finally, Larkin, Biryukova, Makarenko, Ivanova, and Fedchyniak (2020) analyzed typical mistakes during investigation of crimes committed by informal youth groups members.

The authors concluded that the problem of juvenile delinquency is becoming general every year, a typical phenomenon not only in Ukraine, but also in other countries in the world; consequently, there is an urgent need to develop new interdisciplinary methods to combat this phenomenon and to understand its multidimensional causes and consequences.

Further directions of research of ways to counteract crimes committed by representatives of informal youth groups may concern the influence of the state youth policy on the formation of protest moods and the emergence of intentions to commit political crimes.

Methodology dialectical method. The empirical basis of the study was the materials of the investigation of crimes committed by members of informal youth groups.

Thus, the method of observation was used in the study of the materials of criminal proceedings, which became the basis for the formulation of some provisions of the article. This method also made it possible to remotely observe the change in the criminal behavior of informal groups during various political events in Ukraine and thus to record the dynamics of crime.

In addition, the method of analysis was used in the study of scientific sources; the practice of

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investigating political crimes and crimes committed by informal youth. In addition, the method of analysis allowed us to consider in detail the regulations of both international and Ukrainian in the fight against political crime and highlight their main provisions. This method helped to analyze the statistical data of law enforcement agencies on the fight against organized crime. The obtained data made it reasonable to conclude the circumstances that influenced the formation of political crime and to form ways to combat it. Also, the method of analysis in the study of legal documents, articles, and monographs was used to make a сomparison.

Thanks to this method, it was possible to make a comprehensive comparison of the current state of the fight against the crime studied in the article.

With the help of synthesis, separate recommendations for combating crimes committed by members of informal youth groups were generalized.

The extrapolation method was used for the study of scientific sources devoted to the investigation of crimes committed by members of informal youth groups.

Besides, the generalization method was used to formulate conclusions and write an article on the fight against crimes committed by members of informal youth groups. The method of generalization also helped to unite the general provisions on organized crime and its regulation in Ukraine, taking into account various international legal acts. That is, this method helped to summarize the individual conclusions and existing experience in this article to develop methods for an effective combating political crime.

The method of comparison allowed us to compare the fight against political crime and the investigation of crimes in Ukraine and the world.

Thus, the current legislation, crime statistics in the country in general, administrative bodies, crime rate were compared. A detailed comparison allowed us to analyze the fight against crime in Ukraine and abroad to clarify the problematic issues and implement the positive foreign experience in Ukraine.

Finally, using a dialectical method, the legislation that establishes ways to combat such crime at different times and various conditions was investigated. Thus, in historical retrospect, it was analyzed how the political crime was established in Ukraine and the world and what factors influenced such formation. The results, in

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turn, helped to set that mental and historical preconditions affect the establishment of political crime and the level of crime in the country.

Results and Discussion The reasons for the participation of informal youth groups in political confrontations Political protests, political actions, and as a result – political confrontations, covering hundreds of countries around the world, have become a reality today. In this regard, the attraction of informal youth to protest moods that develop into political crimes has become an attributive component of modern politics.

The study of causality in the context of the investigation of political crimes of informal youth is the most important analytical and legal work, which is designed to show the true picture of political events. Meneghetti wrote: “Life is a cause that cannot take back its consequences, as long as it is brought into fulfillment (Meneghetti, 2005).

Causality (causality) is an objective connection between phenomena, one of which (cause) gives rise to another (effect) (Ananich, & Anikeeva, 2017).

Analysis of scientific sources, materials of criminal proceedings for the investigation of political crimes committed by members of informal youth groups, makes it possible to assume the presence of three main reasons for their illegal (in this case, criminal) activity: 1) the goals, objectives, ideology of the informal group is aimed at opposing itself to the existing world order, state structure, political regime, that is, at the political struggle against the current order. Fromm wrote: "Modern society needs people who easily interact within large groups, want to consume more and more, have standard needs, and besides, they are suggestible and predictable people." (Fromm, 2013). And here it can be argued that the majority of such informal youth groups are extremist, but at the same time, they are totally “ideologically” directed. They do not see specific political goals (for example, participation in elections of a particular type), but are fighting the entire world order, which they personify with the state in which such an informal youth group is formed; 2) an informal youth group (s) is a "youth wing" of a political party that attracts

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informal youth for power political confrontations (rallies, actions) that develop into political crimes. Leaders (participants) of such youth formations can take part in elections, they are in the political council of the party. E.g., informal group operates within the framework established by the political party.

3) an informal youth group, hiding behind ideological convictions, is a business project and can take part in the political activities of both the current government and their political opponents.

So, informal associations can be divided into three groups:   

informal youth associations, on which persons earn money; informal youth associations that earn money; informal youth associations, on which persons earn and which earn (Kolomoiets, Liutikov, & Larkin, 2017).

In addition, special attention should be paid to the study of the reasons for the entry of young people into informal communities. So, there are three main reasons for the emergence of such formations: 1) crisis processes in family relationships; 2) age characteristics of a teenager; 3) global policy of conformism (Larkin, 2019).

Of course, these reasons are subject to clarification, additional study and should become the subject of comprehensive scientific research.

It should also be noted that sometimes an informal youth group actively develops norms and values that contradict the generally accepted culture, its content, and forms, and a counterculture is formed on their basis (Lisovets, 2011).

Features of the investigation of political crimes committed by members of informal youth groups The forensic mechanism for committing a crime, being individual for each act, also has common, repeating properties. For crimes of one type, the typical may be the way, the setting of the commission, the connections, and other factual data generated in this case. Elements of an investigation may also be typical: evidence, sources, means, and methods of obtaining them (Zelensky, Meretukov, Gusev, & Danilyan, 2013). The task of the investigator is, based on

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112 knowledge of the typical, to apply forensic recommendations to a specific individual case of investigation (Shrub, 2018).

The primary task in the investigation of political crimes committed by members of informal youth groups is a thorough study of the trail pattern, in particular, the specific traces that may suggest the involvement of "informals". The mechanism of trace formation (the system of components of the process of formation of traces-mappings) is also subject to study (Shepitko, 2009).

Special attention should be paid to such urgent investigative (search) actions as inspection of the scene of the incident, interrogation of the suspect (in the event of his arrest) (Larkin, Dudorov, Pyrozhkova, Dudorova, & Biryukova, 2020).

Careful consideration should be given to the study of testimony in the investigation of political crimes committed by members of informal youth groups. Even Hans Gross warned: “However, we must constantly keep in mind that every testimony can be false. This is not an excessive distrust, but only caution and knowledge of one's business, for false testimony is often clothed in the most innocent and suspicious forms." (Gross, 2002).

 

information on the specifics of the informal youth group; information on methodological recommendations (information resources) for the investigation of this type of crime.

In the process of investigating this category of criminal proceedings, the investigator, getting into a specific information field, limited by the specifics of a particular crime and the focus of a specialist on it (Kazmirenko, 2009), cannot neglect two forms of special knowledge, namely: 1) the involvement of specialists in the conduct of investigative (search) actions; 2) the appointment of forensic examinations.

Of particular importance is the use of linguistic knowledge in the investigation of political crimes committed by members of informal youth groups (Larkin, 2020).

When analyzing recommendations for the investigation of crimes committed by members of informal youth groups, the investigator should pay attention to typical mistakes that can be made during the investigation (Larkin, Biryukova, Makarenko, Ivanova, & Fedchyniak, 2020).

Conclusions

A significant investment of time is required to determine the sources of funding for informal youth formations in the investigation of crimes of a political nature. Thus, a study of the financing of informal youth groups of extremist orientation showed that a type of informal youth association determines the ways of receiving funding. In this regard, all informal youth groups (associations) that commit crimes of an extremist nature should be divided into two types: 1) independently formed by its leader (leaders) and; 2) those that act as a “youth wing” of international extremist organizations, radical movements, and political parties (Boiarov, Larkin, Legkykh, Melkovskyi, & Hromova, 2019).

It should also be noted that from the standpoint of the science of forensic science, the investigation of criminal activity includes the process of creating an information model of a crime event (Davydov, 2016). When investigating political crimes committed by members of informal youth groups, three blocks of information are subject to study: 

information regarding the event of the crime;

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As a result of the study, some issues of combating political crimes committed by members of informal youth groups were considered.

There are three main reasons for the participation of informal youth groups in political confrontations, namely, informal youth associations, which earn money; informal youth associations that earn money; informal youth associations, which earn and which earn.

1.

2.

When investigating political crimes committed by members of youth informal groups, it is necessary to examine three blocks of information: information about the event of the crime; information on the specifics of the youth informal group; information on methodological recommendations (information resources) for the investigation of this type of crime.

When investigating the investigated crimes, the use of linguistic knowledge in the investigation of political crimes committed by members of informal youth groups and drawing attention to typical mistakes that can be made during the investigation is of particular importance.

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Also, some issues of investigation of the specified type of criminal activity are considered.

A promising area of further scientific research is the development of guidelines for the investigation of illegal actions of informal youth and the formation of this crime separately.

Bibliographic references Ananich, V.A., & Anikeeva, N.A. (2017). Analysis and forecasting of crime. Minsk: Academy of the Ministry of Internal Affairs.

Baganets, O. (2020). The general state of crime and combating it in Ukraine in 2019 (compared to statistics for 2013-2018). Baganets. Recovered from http://baganets.com/blogs-baganets/zagalniistan-zlochinnost-ta-protid-i-na.html Boiarov, V., Larkin, M., Legkykh, K., Melkovskyi, O., & Hromova, M. (2019). Ways to Prevent the Financing Youth informal Groups of the Extremist.

Amazonia Investiga, 8(24), 479-483. Recovered from https://amazoniainvestiga.info/index.php/amazonia /article/view/1007 Davydov, V.O. (2016). Transnational extremism: forensic analysis. Moscow: Yurlitinform.

Fromm, E. (2013). You will be like gods. Moscow: AST. ISBN: 978-5-17-079747-9. Recovered from https://spblib.ru/catalog/-/books/11002170-vybudete-kak-bogi Gross, G. (2002). Guidelines for forensic investigators as a system of criminalistics. Moscow: LexEst. Recovered from https://www.twirpx.com/file/1263098/ Kabanov, P.A. (2008). Political crime: concept, essence, types, reasons, personality of a political criminal, countermeasures (criminological research) (doctoral thesis).

Institute of Management, Economics and Law, Ekaterinburg.

Recovered from https://www.dissercat.com/content/politicheskayaprestupnost-ponyatie-sushchnost-vidy-prichinylichnost-politicheskogo-prestu-0 Kazmirenko, L.I. (2009). Psychology of investigative activity. Kyiv: Legal Unity.

Kolomoiets, T., Liutikov, P., & Larkin, M. (2017).

Informal youth associations as a business reality.

Baltic Journal of Economic Studies, 3(5), 294-297.

DOI Recovered from https://doi.org/10.30525/2256-0742/2017-3-5-294297.

Kudryavtsev, V.N., & Eminov, V.E. (2005).

Criminology. Moscow: Yurist. ISBN: 5-37000149-9 978, 5-7975-0647-5.

Larkin, M., Biryukova, A., Makarenko, T., Ivanova, N., & Fedchyniak, A. (2020). Typical mistakes during investigation of crimes committed by youth informal groups members. Cuestiones Políticas, 38(66), 396-405.

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Larkin, M., Dudorov, O., Pyrozhkova, Y., Dudorova, K., & Biryukova, A. (2020).

Investigation of crimes committed by members of youth informal groups. Amazonia Investiga, 9(29), 282-287.

DOI Recovered from https://doi.org/10.34069/AI/2020.29.05.32.

Larkin, M.O. (2019). Causes of youth informal groups (associations) of criminal orientation.

Scientific Bulletin of the International Humanities University, 2(41), 115-117. Recovered from https://scientificrating.znu.edu.ua/index.php?r=publication%2Fvie w&id=8037 Larkin, M.O. (2020). Features of the use of linguistic knowledge in the investigation of crimes committed by members of informal youth groups (associations). Zaporozhye: Helvetica Publishing House.

Lisovets, O.V. (2011). Theory and methods of working with children's and youth organizations of Ukraine. Kyiv: VC "Academy". Recovered from https://academia-pc.com.ua/product/249 Meneghetti, A. (2005). Project "Man". Moscow: NSBF "Ontopsychology". Recovered from https://www.twirpx.com/file/988236/ Roszak, T. (1995). The Making of a Counter Culture. Reflections on the Technocratic Society and Its Youthful Opposition, With a new introduction. New York: University of California.

ISBN: 9780520201224 Recovered from https://monoskop.org/images/b/b4/Roszak_Theodo re_The_Making_of_a_Counter_Culture.pdf Schopenhauer, A. (2012). Aphorisms of worldly wisdom. St. Petersburg: Azbuka, Azbuka-Atticus.

Recovered from https://royallib.com/book/shopengauer_artur/aforiz mi_giteyskoy_mudrosti_sbornik.html Shekhavtsov, R., & Khavronyuk, M. (2019).

Criminal Statistics Report. Kyiv: Center for Political and Legal Reforms. Recovered from https://rpr.org.ua/wpcontent/uploads/2019/09/1568808134cplr.-reporton-criminal-statistics-in-ukraine.pdf Shepitko, V.Yu. (2009). Forensic science. Kharkiv: Odyssey.

Shrub, M.P. (2018). Forensic technique. Minsk: Academy of the Ministry of Internal Affairs.

Slovo i Dilo. (2018). Crime in Ukraine. Statistics for the last year.

Recovered from https://www.slovoidilo.ua/2018/02/16/infografika/ suspilstvo/zlochynnist-ukrayini-statystykamynulyj-rik Zelensky, V. D., Meretukov, G. M., Gusev, A. V., & Danilyan, S. A. (2013). Forensic technique of investigation of certain types and groups of crimes.

Krasnodar: KubGAU. Recovered from https://kubsau.ru/upload/iblock/76d/76ded7826691 63af980be6aee9008916.pdf

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DOI: https://doi.org/10.34069/AI/2021.41.05.11

Features of disciplinary liability of police officers Особенности дисциплинарной ответственности работников полиции Received: April 25, 2021

Accepted: June 2, 2021

Written by: Lidija Kalenichenko34 https://orcid.org/0000-0003-4068-4729 Dmytro Slynko35 https://orcid.org/0000-0001-7960-615X Andrii Sobakar36 https://orcid.org/0000-0002-7618-0031 Valentyna Goncharuk37 https://orcid.org/0000-0002-8157-0130 Abstract

Аннотация

The objective of this article is to formulate the definition of the notion of disciplinary responsibility of police officers, to highlight and study the features of this legal phenomenon in the legal system of individual European states. The research was carried out on a complex of general and special scientific methods. In particular, was used the hermeneutic, the logical method of convergence from simple to complex, the logical-semantic, the logical-legal, the comparative-legal method. The author of this article has studied the features of the disciplinary responsibility of police officers. The author focuses on the fact that the disciplinary responsibility of police officers has a number of features: 1) police officers are subjects of special disciplinary responsibility; 2) the content of a disciplinary offense (misconduct) of a police officer is broader than that of persons who are not in the public service; 3) the number of disciplinary sanctions applied to police officers is wider than for employees who are not in the public service; 4) the procedure for bringing to disciplinary responsibility of police officers of Ukraine is specific; 5) employees of the National Police of Ukraine are brought to disciplinary responsibility in case of committing any offense (criminal, administrative, civil).

Целью статьи является сформулировать определение понятия дисциплинарная ответственность работников полиции, выделить и исследовать особенности данного правового явления в системе права отдельных европейских государств. В процессе исследования для достижения поставленной цели использовался комплекс общенаучных и специальных методов познания, в частности, герменевтический метод, логический метод схождения от простого к сложному, логикосемантический, логико-юридический, сравнительно-правовой метод. В статье исследованы особенности дисциплинарной ответственности работников полиции. Сделан вод о том, что дисциплинарную ответственность работников полиции следует понимать как институт объективного права и как элемент содержания права. Акцентировано внимание на том, что дисциплинарная ответственность работников полиции имеет ряд особенностей: 1) работники полиции относятся к отдельной категории лиц, которые, согласно действующему законодательству, являються субъектами специальной дисциплинарной ответственности; 2) содержание дисциплинарного правонарушения (проступка) работника полиции шире, чем у лиц, не состоящих на государственной службе; 3) число

34

Doctor of Juridical Sciences, Professor, Professor of Department Theory and History of State and Law of the Faculty No. 1 of Kharkiv National University of Internal Affairs, Ukraine.

35 Doctor of Juridical Sciences, Professor, Professor of Department Theory and History of State and Law of the Faculty No. 1 of Kharkiv National University of Internal Affairs, Ukraine.

36 Doctor of Juridical Sciences, Professor, Head of the Department of Administrative Law, process and administrative activities Dnipropetrovsk State University of Internal Affairs, Ukraine.

37 Candidate of Juridical Sciences, Associate Professor, Associate Professor of Department Labor and Economic Law of the Faculty No. 2, Kharkiv National University of Internal Affairs, Ukraine.

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Key words: disciplinary responsibility, legal status, legality, police officer, responsibility.

дисциплинарных взысканий, применяемых к работникам полиции шире, чем для работников, не состоящих на государственной службе; 4) порядок привлечения к дисциплинарной ответственности работников полиции Украины является специфическим; 5) работники Национальной полиции Украины привлекаются к дисциплинарной ответственности в случае совершения любого правонарушения (уголовного, административного, гражданского). Ключевые слова: дисциплинарная ответственность, законность, ответственность, правовой статус, работник полиции.

Introduction One of the priorities of a state that recognizes itself as the legal, democratic and social state is the protection of legitimate interests, freedoms and rights of man and citizen. In order to achieve this goal, the all state apparatus of the country have to function effectively.

Law enforcement agencies in general and structural units of the police, in particular, play one of the main roles in the implementation of the functions of a democratic, legal, social state.

Therefore, one of the goals of the police of democratic European countries is to serve the people, protect their rights, freedoms and legitimate interests, ensure security and order, provide law enforcement services. The level of law and order in the state and society largely depends on the effectiveness of the tasks assigned to the police by the state.

A police officer as an official has state powers, As a citizen a police officer during service and in everyday life, must strictly adhere to official discipline, unquestioningly and accurately comply with the requirements of regulations.

Achieving the goal of the police and the implementation of certain tasks of this law enforcement agency of the state depends on the responsible attitude of all police officers to the performance of their duties.

Legal attitudes to the proper implementation of the law by police officers can be formed through both incentives and coercive measures. At the same time, the system of measures aimed at forming an appropriate variant (type) of positive legally significant behavior in a police officer should be at the regulatory level. In our opinion, the clarity of regulations that regulate the grounds and procedure for the use of incentives and coercive measures lead to the strengthening

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of the rule of law and discipline in the police and in society.

Disciplinary liability of police officers is one of the main means of ensuring that police officers effectively perform their official duties and do not violate the rule of law, official discipline. The fact of existence at the legislative level of normative provisions on the possibility of applying to offenders appropriate negative measures of property, personal, moral, organizational nature affects the formation of the legal consciousness of a police officer, determines the option of his legally significant behavior. It is significant that disciplinary liability, on the one hand, influences the choice of lawful conduct by a police officer, and, on the other hand, disciplinary liability is a state reaction to a police officer's failure to perform or improper performance of his or her duties.

In view of the above in this scientific article, the authors set themselves the goal of defining the concept of disciplinary responsibility of police officers, to identify and explore the features of this legal phenomenon in the legal system of individual European states.

Literature review Disciplinary responsibility is one of the guarantees of effective work of police officers of any European state. In this regard, disciplinary responsibility has been directly or indirectly studied in the works of a number of scientists, such as: Chapala (2010), Douglas (1950), Kovalenko (2008), Kuchenin (2011a, 2011b), Medvedev (2011), Nikiforov (1998), Podorozhnii (2014a, 2014b), Samoilov (2006), Sirokha, Felyk, Podorozhnii, Y. and Podorozhnii, A. (2020). However, the

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116 disciplinary responsibility of police officers, scholars have not studied enough yet.

Methodology In order to define the concept of "disciplinary responsibility of police officers" and to identify and study the features of this legal phenomenon in the legal system of individual European countries, we used a number of general scientific and special scientific methods.

In the process of working on this scientific article, such general scientific methods as the hermeneutic method, the logical method of ascent from simple to complex were used.

The hermeneutic method was used in the analysis of certain provisions of regulations, in order to clarify the content of specific rules of law. The logical method of ascent from simple to complex was used to clarify the features of disciplinary liability of police officers through the study of its features in the national legislation of Ukraine and a number of European countries.

Among the special scientific methods used: logical-semantic, logical-legal and comparativelegal methods. Logical-semantic and logicallegal methods allowed to formulate the author's definitions of the concepts "disciplinary responsibility of police officers as an institution of objective law", "disciplinary responsibility of police officers an element of the content of legal relations". The comparative legal method was used in the analysis of the peculiarities of disciplinary liability of police officers of individual European countries.

Resultados y discusión Presentation of key resarch findings Probably the most common conception of discipline is in terms of punishment or responsibility. To the average person, the word "discipline" carries a connotation of arbitrary and severe enforcement of rules and regulations laid down by those in authority. This very narrow conception, which has very appropriately been called "negative discipline" (Douglas,1950, p.

85), involves force or external influence and is based on the theory that compliance is obtained by the use of punishment or fear of penalties (Douglas,1950, p. 85).

As for the police officers, the official discipline in the police bodies of foreign countries is the activity of their employees to comply with the

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requirements of laws and other regulatory legal acts, duties stipulated by the official position, defined by the job description and the individual contract. In addition, official discipline in the police bodies of foreign countries is compliance with the prohibitions and restrictions established for police officers related to the performance of their official duties, as well as compliance with moral and ethical standards of behavior (Kuchenin, 2011a, p. 143-147).

It should be noted separately that the violation of discipline by a police officer is the reason for bringing him to legal responsibility.

In this understanding, the concept of "discipline" is closely related to the concept of legal responsibility, namely this type of legal responsibility as disciplinary responsibility.

Disciplinary responsibility occupies a central, key place in the system of legally defined types of legal liability of employees of the National Police of Ukraine.

The main legal acts that regulate the disciplinary liability of employees of the National Police of Ukraine are: the Labor Code, the Law of Ukraine "On the Disciplinary Statute of Internal Affairs", the Law of Ukraine " About public service ", etc (Law № 322 VIII, 1971; Law № 3460-IV, 2006; Law № 889-VIII, 2015).

The system of legal norms that regulate the legal status of police officers in some foreign countries is formed, as a rule, by national laws "On the Police", decrees, ordinances of heads of state and heads of the executive branch. Also, this system includes regulatory legal acts of local selfgovernment bodies, which contain provisions on the legal status of certain categories of police personnel. These legal acts concretize the moral requirements for the work of police officers, also the requirements for their discipline, in addition to regulating certain elements of the legal status of police officers, such as duties, rights, responsibility, measures of special legal and social protection (Kuchenin, 2011a, p. 145).

An analysis of the provisions of the Labor Code of Ukraine shows that this codified act does not clearly define the concept of disciplinary liability. In the Labor Code, the legislator stipulates the obligation for employees to work honestly and conscientiously, timely and accurately comply with the instructions of the owner or his authorized body, adhere to labor and technological discipline, labor protection regulations, carefully treat the property of the

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owner with whom the employment contract (Law № 322 VIII, 1971).

According to the Art. 1 of the Disciplinary Statute of the National Police of Ukraine, service discipline is the police officers’ observance of the Constitution and laws of Ukraine, international treaties, the consent of which is provided by the Verkhovna Rada of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, orders of the National Police of Ukraine, normative legal acts of the Ministry of Internal Affairs Ukraine, the oath of the police officer, orders of leaders (Law № 3460-IV, 2006).

A review of the legal literature suggests that legal scholars have repeatedly raised the issue of formulating the definition of "disciplinary responsibility" at the scientific level (Kuchenin, 2011b, p. 252; Kovalenko, 2008, p. 235; Kovalenko, 2009a, p. 131; Kovalenko, 2015, p.

235-243; Samoilov, 2006; Nikiforov, 1998).

In labor law E.Yu. Podorozhnii defines disciplinary liability as a special legal status that develops between the employer and the employee as a result of a violation of labor discipline by the employee, and the essence of which is the employer's right to apply such penalties to such employee. In addition, E.Yu. Podorozhnii defines disciplinary liability as the obligation of the employee to suffer for himself certain, due to the application of disciplinary sanctions, adverse consequences, the type and extent of which is determined by labor law (Podorozhnii, 2014a, p. 185).

There is an opinion that Discipline in the police is the strict and accurate execution by police in accordance with the procedure and rules established by the legislation of Ukraine, their duties, the exercise of their powers and compliance with job restrictions in the course of their official activities (Sirokha, Felyk, Podorozhnii Y., Podorozhnii A., 2020, p. 491).

V.V. Zhernakov, S.M. Prylypko, O.M. Yaroshenko under the disciplinary responsibility of employees suggest to understand the obligation of the employee to bear the punishment provided by the norms of the labor legislation, for illegal non-performance or improper performance of the labor duties (Zhernakov, Prylypko, Yaroshenko, 2012, p. 486).

According to P.D. Pilipenko disciplinary liability is the duty of the employee to bear responsibility

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for the violation of labor discipline before the employer and to bear the disciplinary sanctions provided by labor law (Pilipenko, 2007, p. 152).

K.V. Kovalenko defines disciplinary liability as the application to a guilty employee in the manner and under the conditions provided by labor legislation, disciplinary sanctions in the form of restrictions of a personal or organizational nature (Kovalenko, 2009b, p. 11).

In the pages of administrative and legal literature, disciplinary liability of ordinary and senior police officers of Ukraine is understood as a specific form of response by the state represented by its competent authorities.

According to this specific form of response by the state, persons of the rank and file and chiefs of the police of Ukraine who have committed misdemeanors must be punished, which consists in the application of disciplinary sanctions by officials of the police of Ukraine in the manner prescribed by law. (Medvedev, 2011, p. 6); or as a special legal status of the subjects of disciplinary relations, which occurs when a guilty person commits a disciplinary offense (Chapala, 2010, p. 13-14).

Based on the above definitions and based on the general theoretical provisions of legal liability as a form of state coercion (Kalenichenko, 2017), we have grounds to define the disciplinary responsibility of police officers as provided by sanctions, provided for the possibility of state coercion, adverse consequences of which police officer suffers for a disciplinary offense committed by him, in the manner prescribed by law (disciplinary responsibility of police officers as an institution of objective law).

Disciplinary responsibility of police officers as an element of the content of legal relations is a duty of a police officer provided by sanctions of legal norms to be deprived of disciplinary character in legal relations arising from the fact of disciplinary offense.

In our opinion, it is necessary to distinguish between general and special disciplinary responsibility of employees of the National Police of Ukraine.

At the same time, we consider it appropriate to immediately note that the procedure, conditions, grounds for the application of general disciplinary responsibility of employees of the National Police of Ukraine are regulated by labor legislation. The procedure, conditions, grounds for the application of special

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118 disciplinary responsibility of employees of the National Police of Ukraine are regulated by regulations governing police activities, such as administrative law, the Law of Ukraine "On Disciplinary Statute of Internal Affairs of Ukraine". (Law № 3460-IV, 2006).

Note that the provisions of Part 2 of Art. 147 of the Labor Code indicate that the legislation, statutes and regulations on discipline may provide for certain categories of employees and other disciplinary sanctions (Law № 322 VIII, 1971).

Regardless of the type of disciplinary liability, the only basis for imposing a disciplinary sanction on an employee of the National Police of Ukraine is the commission of a disciplinary (labor) offense (misdemeanor).

Employees of the National Police of Ukraine belong to certain categories of employees.

According to Article 12 of the Law of Ukraine "On the Disciplinary Statute of Internal Affairs of Ukraine", the following types of disciplinary sanctions may be applied to them: oral reprimand, reprimand, severe reprimand, warning of incomplete incompatibility, dismissal, demotion by a special rank , dismissal from internal affairs bodies (Law № 3460-IV, 2006).

Labor legislation does not define labor misconduct (Law № 322 VIII, 1971). Instead, Article 2 of the Law of Ukraine “On the Disciplinary Statute of the Internal Affairs Bodies of Ukraine” defines a disciplinary misconduct as non-performance or improper performance by a person of the rank or file service discipline (Law № 3460-IV, 2006).

In the national legislation of a number of foreign countries, a disciplinary violation is defined at length. So, in Germany it is "any violation committed by a police officer in (or) in connection with the exercise of his duties". In the UK, Italy, Spain, France, the concept of a disciplinary offense is interpreted in a similar way (Kuchenin, 2011a), which means the authority of an instance with the necessary disciplinary power to decide independently whether a particular fact is a violation of official discipline or not. At the same time, the decisive importance of the principle of the rule of law in the actions of police officers is emphasized: “No criminal and disciplinary sanctions can be applied to a police officer who refuses to obey an unlawful order” (Resolution № 690, 1979; Kuchenin, 2011a) Employees of the National Police of Ukraine are brought to disciplinary responsibility, first, for committing an administrative offense under the provisions of Art. 15 of the Code of Ukraine on Administrative Offenses; secondly, for violating the provisions of Art. 7 of the Law of Ukraine "On the Disciplinary Statute of the bodies of internal affairs of Ukraine", which consolidate the responsibilities of privates and officers (Law № 8073-Х, 1984; Law № 3460-IV, 2006).

The provisions of Article 147 of the Labor Code stipulate penalties for violations of labor discipline. Therefore, for violation of labor discipline, an employee may be subject to only one of the following sanctions: reprimand or dismissal (Law № 322 VIII, 1971).

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In the national legislation of a number of foreign countries, penalties such as reprimand, demotion, dismissal from service are typical for police officers. In foreign countries, disciplinary measures such as a reduction in the official salary for a certain period (Germany, France, Italy, Armenia) or disciplinary arrest can also be applied against police officers (Law of the Republic of Armenia № 3Р-401, 2002).

Section IV of the Law of Ukraine "On the Disciplinary Statute of the Bodies of Internal Affairs of Ukraine" regulates the procedure, deadlines for imposing disciplinary sanctions, as well as the procedure for execution and removal of disciplinary sanctions of employees of the National Police of Ukraine. Although at the level of labor legislation (Labor Code) the procedure, the timing of disciplinary action is also regulated.

In most developed countries, disciplinary sanctions are imposed on police officers after the mandatory consideration of the case by a disciplinary council - a commission acting on an equal footing. In Belgium, Italy, France, Great Britain, Canada, the United States and in other countries, a police officer can present his objections, refer to witnesses, use the help of a defense lawyer (Kuchenin, 2011a, p. 146).

It is noteworthy that disciplinary sanctions are applied to employees of the National Police of Ukraine when bringing them to administrative, material and criminal responsibility. That is, disciplinary liability, in the case of a police officer committing an administrative, criminal offense, is a mandatory additional type of responsibility.

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On the one hand, this state of affairs contradicts the principle of fairness of legal responsibility (Podorozhnii, 2014b, p. 78). However, on the other hand, the only reason for bringing a person to disciplinary responsibility is a disciplinary misdemeanor in the form of non-performance or improper performance of official discipline by an employee of the National Police of Ukraine (compliance with police regulations) (Law № 3460-IV, 2006). In the case of a police officer committing any offense, the rules of regulations are violated, and, consequently, a disciplinary offense is committed, respectively, there are grounds for imposing a disciplinary sanction.

Conclusions Based on the analysis of the disciplinary responsibility of police officers, we consider it appropriate to draw the following conclusions.

The disciplinary responsibility of police officers should be understood as an institution of objective law and as an element of the content of legal relations.

Disciplinary liability of police officers as an institution of objective law - provided by sanctions of law, provided with the possibility of state coercion, adverse consequences that a police officer suffers for a disciplinary offense committed by him, in the manner prescribed by law.

Disciplinary liability of police officers as an element of the content of legal relations is a duty of a police officer provided by sanctions of legal norms to be deprived of disciplinary character in legal relations arising from the fact of disciplinary offense.

The disciplinary responsibility of police officers has a number of features: 1) Police officers belong to a separate category of persons who, according to the current legislation, are subjects of special disciplinary responsibility; the content of a disciplinary offense (misconduct) of a police officer is broader than that of persons who are not in the public service.

2) Employees of the National Police of Ukraine, unlike citizens who do not serve in law enforcement agencies, are brought to disciplinary responsibility not only for violation of labor legislation, but for violation of the disciplinary Statute.

3) The number of disciplinary sanctions applied to police officers is wider than for employees who are not in the public service.

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4) The procedure for bringing to disciplinary responsibility of police officers of Ukraine is specific.

5) Employees of the National Police of Ukraine are brought to disciplinary responsibility in case of committing any offense (criminal, administrative, civil).

References Chapala, O.Yu. (2010) Administrative and legal regulation of service in the bodies of internal affairs of Ukraine (abstract of the dissertation for the degree of candidate of legal sciences) "Administrative law and process; financial rights; information law". University of Internal Affairs affairs, Kharkiv. 19 p.

Douglas, G. (1950) Gourley Police discipline.

Journal of Criminal Law and Criminology, 41(1), pp. 85.

Kalenichenko, L.I., (2017) Legal responsibility as a form of state and legal coercion: a monograph. Kharkiv: NTMT Publishing House, 348 p.

Kovalenko, K.V. (2008). General and special disciplinary liability. Law Forum, № 2, 231–236. http://www.nbuv.gov.ua/e-journals/FP/20082/08kkvsdv.pdf Kovalenko, K.V. (2009a) Disciplinary liability of police officers. Actual problems of the state and business, 46, 130–136. http://www.apdp.in.ua/v46/21.pdf Kovalenko, K.V. (2009b). Legal regulation of disciplinary responsibility of employees of lawenforcement bodies (the dissertation author's abstract on competition of a scientific degree of the candidate of legal sciences) East Ukrainian nat. Univ. V. Dahl, Lugansk, 23 p. http://disser.com.ua/pravove-rehuljuvannjadystsyplinarnoyi-vidpovidalnosti-pratsivnykivorhaniv.html Kovalenko, K.V. (2015). The difference between disciplinary liability and other types of legal liability. Bulletin of Kharkiv National University of Internal Affairs, № 2(69), 235–243. http://dspace.univd.edu.ua/xmlui/handle/123456 789/256 Kuchenin, E. (2011a) Institute of office discipline in national police systems of the foreign states. Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia, 2, 143-147. https://cyberleninka.ru/article/n/institutsluzhebnoy-distsipliny-v-natsionalnyhpolitseyskih-sistemah-zarubezhnyhgosudarstv/viewer Kuchenin, E.S. (2011b). Characteristic features of the disciplinary responsibility of employees of the Internal Affairs Bodies. Bulletin of the

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120 Moscow University of the Ministry of Internal Affairs of Russia, № 8, 249–252. https://cyberleninka.ru/article/n/harakternyecherty-distsiplinarnoy-otvetstvennostisotrudnikov-ovd/viewer Law № 322 VIII Labor Code of Ukraine.

Verkhovna Rada of Ukraine, december 10, 1971. http://zakon3.rada.gov.ua/laws/show/322-08 Law № 3460-IV. On the Disciplinary Statute of the Bodies of Internal Affairs of Ukraine.

February 22, 2006. Available online http://zakon3.rada.gov.ua/laws/show/3460-15 Law № 8073-Х. Code of Ukraine on Administrative Offenses. December 7, 1984.

Available online https://zakon.rada.gov.ua/laws/show/8073110/stru#Stru Law № 889-VIII. About public service.

December 10, 2015. Available online https://zakon.rada.gov.ua/laws/show/88919#Text Law of the Republic of Armenia № 3Р-401 On police service.

July 30, 2002. http://www.parliament.am/legislation.php?sel=s how&ID=1640&lang=rus Medvedev, A.M. (2011).

Disciplinary responsibility of privates and chiefs of internal affairs bodies (dissertation author's abstract for the degree of Candidate of Law) Nat. acad. interno Asuntos, Kyiv, 22 p. http://disser.com.ua/dystsyplinarnavidpovidalnist-osib-rjadovoho-inachalnytskoho-skladu-orhaniv.html Nikiforov, A.V. (1998).

Disciplinary responsibility of employees of law-enforcement bodies (dissertation of the candidate of legal sciences) Odessa Law Institute, Omsk, 202 p. https://www.dissercat.com/content/distsiplinarn aya-otvetstvennost-sotrudnikov-organovvnutrennikh-del

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Pilipenko, P.D. (Ed.) (2007) Labor law of Ukraine: a textbook. Kyiv: Istina. (208 p.). https://shron1.chtyvo.org.ua/Pylypenko_PD/Tru dove_pravo_Ukrainy.pdf?PHPSESSID=7rns9ak obukj9sl2vn3tcouea2 Podorozhnii, Y. (2014a) The concept of disciplinary responsibility and the mechanism of its functioning. Scientific Bulletin of the Academy of Municipal Administration: Law Series, 1, 183–188. http://nbuv.gov.ua/UJRN/Nvamu_pr_2014_1_3 6 Podorozhnii, Y. (2014b). Features of retrospective legal liability of law enforcement officers for violation of labor law. Scientific Bulletin of Uzhhorod National University, 29(2.3), 75–79. http://nbuv.gov.ua/UJRN/nvuzhpr_2014_29%2 82.3%29__18 Resolution № 690 of the Parliamentary Assembly of the Council of Europe. Declaration on the Police, May 8, 1979. Available online. https://zakon.rada.gov.ua/laws/card/994_803 Samoilov, V.G. (2006).

Disciplinary responsibility in labor law: general and special. (dissertation of the candidate of legal sciences) Moscow State Law Academy, Moscow. 177 с.

Sirokha, D., Felyk, V., Podorozhnii, Y., Podorozhnii, A. (2020) Basic aspects of the compliance with discipline and legitimacy within the official activities of police. Amozonia Investiga, 9(25), 487-492. https://amazoniainvestiga.info/index.php/amazo nia/article/view/1098 Zhernakov V.V., Prylypko S.M., Yaroshenko O.M. and others; for order. V.V. Zhernakov (2012) Labor law: a textbook. Kharkiv: Pravo, (496 p.). https://www.twirpx.com/file/1158697/

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DOI: https://doi.org/10.34069/AI/2021.41.05.12

Austrian and Russian constitutionalism: comprehensive analysis АВСТРИЙСКИЙ И РОССИЙСКИЙ КОНСТИТУЦИОНАЛИЗМ: КОМПЛЕКСНЫЙ АНАЛИЗ Received: March 7, 2021

Accepted: May 30, 2021

Written by: Alexander A. Gogin38 https://orcid.org/0000-0003-0949-4169 Anna N. Fedorova39 https://orcid.org/0000-0003-1348-5134 Ramil F. Vagapov40 https://orcid.org/0000-0002-4243-7775 Alexey V. Sergeev41 https://orcid.org/0000-0002-6670-1438 Abstract

Аннотация

The article deals with some issues that characterize the Basic Laws of the Republic of Austria and the Russian Federation. When choosing the leading research method, the authors of this article were guided by the fundamental dialectical means of cognition, which is the ascent from the individual to the general. The comparison technique used in this case is based on a consistent understanding and analysis of similar conditions, rules and requirements for the Republic of Austria and the Russian Federation.

The applied historical and legal method made it possible to consider various historical events in motion, development, and in connection with modernity. The methods of analysis and synthesis are widely used in the work. As the main results of the study, we note the generalization of the most significant distinctive features that are the foundation of the Basic Laws of both federal states.

В статье рассматриваются некоторые вопросы, характеризующие основные законы Австрийской Республики и Российской Федерации. При выборе ведущего метода исследования авторы данной статьи руководствовались основным диалектическим средством познания - восхождением от индивидуального к общему. Используемая в данном случае методика сравнения основана на последовательном понимании и анализе схожих условий, правил и требований для Австрийской Республики и Российской Федерации. Примененный историко-правовой метод позволил рассматривать различные исторические события в движении, развитии и в связи с современностью. В работе широко используются методы анализа и синтеза. В качестве основных результатов исследования отметим обобщение наиболее значимых отличительных черт, лежащих в основе Основных законов обоих федеральных земель.

Keywords: constitutionalism, state, federalism, society, personality, rights, comparison.

Ключевые слова: конституционализм, государство, федерализм, общество, личность, права, сопоставление.

Introduction The subject of this study is the most significant provisions of the Basic Laws of the Republic of Austria and the Russian Federation. Despite

certain differences, they are comparable in a number of criteria. These acts contain those value aspects that not only reflect the essence of legal

38

Doctor of Law, associate professor, Department of Civil Law and Procedure, Togliatti State University, Togliatti (Russia).

PhD in Law, associate professor, the Head of Civil Law and Procedure, Togliatti State University, Togliatti (Russia).

40 PhD in Law, associate professor, Department of Civil Law and Procedure, Togliatti State University, Togliatti (Russia).

41 PhD in Law, associate professor, Department of Civil Law and Procedure, Togliatti State University, Togliatti (Russia).

39

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doctrines, but also the conditions for their practical implementation.

result of which it lost the entire military, commercial and fishing fleet.

The object of the research is a system of legal regulations that form and implement the vital rights, freedoms and interests of citizens of both countries at the current stage of social development. This takes into account both the need and the need to improve them and effectively protect them from various negative challenges and threats.

Also, on the basis of Article 120 of the said agreement, it was forbidden to have an armed force of more than 30 thousand soldiers. Army formations were to be completed exclusively on a voluntary basis and were intended only for the maintenance of internal order.

The relevance of the work is due to the polemic nature of the problems under study, since the changes made to the Federal Constitutional Law of Austria in 2008 and to the Constitution of the Russian Federation in 2020 caused mixed assessments among many representatives of the social strata of both countries. However, these amendments, regardless of their differences, in their essence are intended to serve as a supplement to the time-tested, previously fixed basic constitutional principles.

Theoretical framework Before considering the main issues of the topic, it is necessary to conduct a brief historical review of the events of a century ago. This will allow us to better understand a number of relevant aspects related to the legislative and other processes that took place in Austria and the Russian Federation, although in different time periods.

After the end of the First World War, the peoples of certain European countries faced the question of creating legislative acts that correspond to the interests of the vast majority of citizens, and take into account the prevailing realities of that era.

These problems were most acute in the new subjects of the world community that emerged on the territory of the former Austro-Hungarian monarchy.

Since, in accordance with Article 144 of the signed treaty, Austria was forbidden to have chemical weapons, tank units and combat aircraft, from now on its armed forces consisted exclusively of infantry formations that did not pose a threat to its European neighbors (Gafurova & Zuboka, 1960).

Another unconditional condition on the part of the winners was a directive on the establishment of a democratic republic in the country. Not only for most politicians, but also for ordinary citizens, this was a surprise, because in the past history Austria had a centuries-old monarchical form of government.

In fact, it required not only a decisive revision of the previously existing legislation, but also a radical reorganization of the central and local legislative and executive authorities, the judicial system and law enforcement agencies. To a certain extent, the issue of breaking the national mentality, social consciousness and the psychological mood of citizens was on the agenda.

Subsequent events clearly showed that a significant part of the representatives of various social strata, supported by the clerics, was not ready for such serious challenges and changes.

At the same time, the last Austro-Hungarian emperor, Charles I, not only did not give up hope, but also made some attempts to return to the throne.

On September 10, 1919, in the suburbs of the French capital, the suburb of Saint-Germain-enLaye, a peace treaty was signed between the Entente countries and Austria, which, as an ally of the defeated Germany, suffered very serious territorial, economic, financial, human, moral and other losses. As an ultimatum, it was ordered to strictly implement many extremely tough and painful sanctions.

At the same time, it should be emphasized that the meaning and essence of parliamentarism were quite familiar to the Austrian public from the middle of the nineteenth century. Here, a year after the revolutionary events of 1848, the first constitution in the history of the state was published, according to which a constitutional monarchy was established in the country.

In particular, from now on, the territory of the newly formed small state was only 84 thousand square kilometers, and the population was about 6.7 million people. In addition, Austria, as the losing party, lost the Adriatic coast forever, as a

For many reasons, the original text of this document has been changed several times. The landowners - the nobles and the urban bourgeoisie, the officials and the Catholic Church, the intelligentsia and the military-

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defended their positions. However, after severe conflicts, agreements and mutual concessions since 1867, in addition to the emperor, who had broad powers, a number of issues of domestic and foreign policy were transferred to the competence of a representative body - the Reichsrat, consisting of the Chamber of Peers and the Chamber of Deputies. Note that these issues, including the use of previously unpublished sources, are quite thoroughly described in the work of O. E. Prudnikov (Prudnikov, 2012, pp. 78-83).

It was against this political, historical and social background, despite the enormous post-war losses and costs, class, group and party divisions, that the Federal Constitutional Law (German: Bundes-Verfassungsgesetz) came into force in Austria on November 10, 1920.

It is important to emphasize that many changes were carried out in an evolutionary way, since those regulatory and legal provisions that adequately met the interests of the citizens of the new state were not discarded. This is evidenced by the fact that in the Republic of Austria, some acts of the monarchy that was a thing of the past were recognized as valid and retained their legal force.

For comparison, it should be recalled that at the same time in Soviet Russia, after the October events of 1917 and the civil war, the nihilistic attitude to the previous system of power and legal thought extended to everything. "In addition to breaking the state machine, the 30-volume code of laws of the Russian Empire also fell into the millstones of the revolution," Yu.S. Vashchenko stated (Vashchenko, 2002, p. 27).

At that controversial period, it was difficult to imagine that the Austrian Federal Constitutional Law would have a long fate, because it is not enough to proclaim advanced doctrines and slogans in legislative form. In such an environment, the main purpose of the State and progressive social forces is to effectively implement the constitutional provisions and to resolutely defend them if necessary.

A textbook example of the purposeful inaction of the highest authorities and the disunity of the anti-fascist movement is the sad experience of the collapse of the democratic principles of the German Weimar Constitution of 1919, which was of sufficient quality for its time.

In Austria in the early thirties, the situation was also very critical. The consequences of the Great

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economic depression, falling production, low living standards and other negative phenomena contributed to the fact that on May 13, 1932, the leader of the right-wing Christian Social Party, E. Dollfuss, became Chancellor.

Relying on a parliamentary majority and the support of his constituents, he established a strict authoritarian regime, and after the suppression of the uprising of the left opposition forces in February 1934, the above-mentioned Federal Constitutional Law lost its legal force. A new act came into force, called the "May" Constitution (Maiverfassung), from which many positive norms were eliminated or radically revised.

For example, Article 1 of the previous law was excluded, which read: "Austria is a democratic republic. Its right comes from the people."

Instead of this fundamental postulate, a slogan was proclaimed, reflecting the position of extremely conservative and clerical circles: "In the name of God Almighty, who grants all rights, the Austrian people received this constitution for their Christian German union state, built on the class principle."

The " May " Constitution was based on the ideas of the so-called "corporate state". An attempt to create it in the Italian Kingdom was made by the dictator B. Mussolini. This borrowing is explained by the fact that E. Dollfuss and his inner circle shared the doctrine of "Italo-fascism" and the corresponding views were actively transferred to Austrian society, which, in the face of severe contradictions, fell on favorable ground.

However, in July 1934, after an unsuccessful putsch by supporters of Hitler's Nazism, the Chancellor died. Formally, the " May " constitution functioned until 1938. Then, as a result of the "Anschluss" (annexation), Austria lost its independence and became an integral part of the German Reich.

Since 1945, Austria has been under the occupation of four victorious powers: the USSR, the United States, Great Britain and France. Ten years later, their allied troops left the country after the adoption of the Declaration of Independence. In accordance with the Federal Constitutional Law of October 26, 1955 (B. y., 1957), the permanent neutrality of Austria was declared.

At the same time, by the end of the twentieth century, there were significant deviations from the provisions of the above-mentioned act. In

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124 1995, the country joined the EU and its military units now take part in the rapid reaction forces of this union. In addition, Austria is included in the program of the NATO military bloc "Partnership for Peace", which already contradicts the meaning and content of the concept of neutrality.

Our task does not include a detailed analysis of all the leading conditions of the Federal Constitutional Law of 1920 (Federal constitutional law, 1920). We will briefly comment only on some of the most fundamental requirements that still exist today. It should be noted that at that time, a significant part of the Austrian population perceived them as purely abstract, because in the opinion of ordinary people they were not in harmony with the surrounding reality and the pressing problems of life.

The form of government of the newly formed state was a parliamentary republic, where the highest legislative body was the bicameral Federal Assembly. The Federal Chancellor, as head of government, was accountable to the lower house of Parliament, the National Council.

In turn, the head of state, the Federal President, was elected at a joint session of both chambers, but was given purely representative functions, which is typical for parliamentary republics.

In addition to the general rules, the act clearly sets out the characteristics of the three branches of federal power: legislative, executive and judicial; establishes the principle of direct democracy; defines the powers of the legislative and executive authorities of the lands, as well as other areas and issues that are important for society and the state. In our opinion, two aspects deserve special attention among them: a)

this is the legal position of the Audit Chamber – an independent control and supervisory republican body that reports only to the National Council. Its main functions are to check and analyze the financial activities of ministries and departments; other government entities; land and community bodies; legal entities created with the participation of state capital; and to prepare and submit to Parliament a report on the formation and implementation of the country's budget; b) the above-mentioned law, for the first time in comparison with other subjects of the world community, formulates the status of the Constitutional Court of the Republic of Austria. First of all, this structure, as the highest judicial instance, is called upon to consider questions about the compliance of

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newly adopted normative legal acts of various legal force with the Basic Law of the country.

The Constitutional Court also has jurisdiction over a number of other narrower and more specific disputes arising between public authorities and other entities, the scope of which is defined in an exhaustive manner and is not subject to broad interpretation.

Here it is necessary to make some digression. In the legislative practice of countries belonging to the Romano-German legal family, to which Austria and Russia belong, it is not customary to focus in any way on the names of specialists who developed and justified certain normative legal acts, even if they were later of primary importance in the life of society and the state.

However, when it comes to the Austrian Federal Constitutional Law, as a rule, mention is made of the great personal and scientific contribution made to its preparation by the world-famous lawyer, G. Kelsen (Kelsen, 2006, No. 8, pp. 5-14; Kelsen, 2006, No. 9, pp. 5-18).

He shared the views and theses about the guiding principles of building state power. At the end of the XVIII century raised to a higher level by the famous German thinker I. Kant.

Thus, in his famous work " The Critique of Pure Reason ", the following legal categories are justified:    

the principle of the social contract; the principle of popular sovereignty; the principle of the rule of law; the principle of separation of powers (Kant, 1964).

A detailed analysis of the general and special provisions of the Federal Constitutional Law allows us to assert that, taking into account the existing realities at that time, these concepts somehow received legal consolidation as relevant regulatory provisions.

In our opinion, this is a vivid example when proposals put forward by specific people are separated from their creators, acquire complete independence, individuality and a purely independent, sovereign character. In fact, there is a situation in which the authors can no longer change the current situation and influence it in any way. Their ideas, scientific projects and developments have acquired the form established by law and have become legal instruments in the hands of society and the state.

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In addition, it was Mr. Kelsen (Kelsen, 2006, No. 8, pp. 5-14; Kelsen, 2006, No. 9, pp. 5-18) who, during the preparation of the analyzed law, comprehensively presented the doctrine of the Constitutional Court, justified its role and significance in the observance of the principles of legality and justice, the protection of rights and socially significant interests. In the future, he developed and defended his position in a number of subsequent studies.

However, at present, the real situation in the Austrian society is far from ambiguous. There were serious problems in the field of migration quotas imposed on the country from above; disputes in the field of certain industries, mandatory supplies of certain products from abroad; a certain disregard for the national, historical and cultural traditions of the indigenous population, the pressure of the supranational bureaucratic apparatus.

In this regard, the translation of his work "Judicial Guarantee of the Constitution (constitutional Justice)", published in 2006 in the eighth and ninth issues of the journal "Law and Politics" (Kelsen, 2006, No. 8, pp. 5-14; Kelsen, 2006, No. 9, pp. 5-18), is of interest. Interested persons are also addressed to the publication of G. Kelsen "Pure Theory of Law and Analytical Jurisprudence", which was published in the collection "Russian Yearbook of the Theory of Law". No. 2 for 2009 (Kelsen, 2009, pp. 432453).

The characteristics of these changes, called the Austrian constitutional reform of 2008, are described in sufficient detail in the dissertation and publications of E. A. Vodianitskaya (Vodyanitskaya, 2011, pp. 193-198); among the Austrian specialists, we will name the monographs Brauneder W., Lachmayer F. (Brauneder & Lachmayer, 1996); Lien-bacher G. (Lienbacher, 2008).

It should be noted that the general characteristics of both the original and the current concept of Austrian constitutionalism and its constituent elements are presented in the publications of Russian researchers V. V. Novinsk (Novinsky, 2001, pp. 112-116); A. V. Manoilo and I. A. Nizovkina (Manoilo & Nizovkina, 2014, pp.

180-183); A. Yu. Solomatin and A. S. Koryakina (Solomatin & Koryakina, 2015, pp.34-41).

Of course, the Federal Constitutional Law, while maintaining the foundation laid in 1920, has now undergone many changes and received additions, caused both by the negative lessons of the past and by quite objective, modern reasons associated with profound changes in European life and in international politics.

For example, in order to exclude the usurpation of power by any party of the parliamentary majority, as was the case in 1934, on the basis of the relevant legal act, the Republic of Austria established a proportional division of ministerial portfolios in the government among all parties that passed the National Council, taking into account the number of parliamentary seats in Parliament.

In turn, the significant additions made to the Federal Constitutional Law in 2008 were due to Austria's accession to the European Union (EU).

This led to the voluntary transfer of certain powers in the field of domestic and foreign policy to the governing, supranational structures of this entity.

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Methodology As one of the leading research methods, the authors were guided by a fundamental dialectical means of cognition: the ascent from the individual to the general. The singular characterizes the immediate certainty of a particular event or phenomenon, emphasizes their individual features, their fixation in time and space. In turn, the general, as a philosophical category, allows us to understand the objectively formed reality, the repeatability of individual properties, events or phenomena, their similarities and relationships.

Based on these factors, the authors, on the basis of individual facts, presented their own, general, unbiased vision of the formation of constitutional principles in Austria and Russia in the past and their current state.

Since the article pays the most significant attention to the events of the past decades, the comparative legal approach, which is a special element of scientific research in the field of state and public institutions of different countries and their legislation, was actively used. Comparison, as a logical technique, is based on a consistent understanding and analysis of similar conditions, rules and requirements. Therefore, we compared the analogous provisions of the Federal Constitutional Law of the Republic of Austria and the Constitution of the Russian Federation.

This made it possible to objectively perceive the constitutional principles that deserve attention and support, to weigh their criteria, to establish the similarities and differences between them, on the basis of which to formulate conclusions about

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126 the most optimal ways to solve the existing problems.

The appeal to the historical and legal method made it possible to present a picture of the events of a century ago, when, after the end of the First World War, a Federal Constitutional Law (Federal constitutional law, 1920) was adopted in Austria, which has passed the test of time and is still in force in its classical part.

In the course of this study, the authors were also guided by the principle of historicism. All the events described in the publication are considered in the movement, development, in their permanent or temporary contacts with other significant factors that relate not only to a specific era of the beginning of the last century.

First of all, their inseparable relationship with the time was evaluated.

When preparing the publication, certain elements of the principle of complexity were also taken into account. The meaning of this approach was that some historical facts, certain aspects of constitutional provisions were studied not only from the legal point of view, but also from the philosophical and political positions.

This is manifested in the fact that the cardinal complication of social relations, wars, international and internal conflicts clearly show that even very positive legal ideas implemented in practice need certain clarifications at some point, and if they are fixed in the leading legislative acts: unconditional and effective protection. If there is no such interdependence, then a carefully developed teaching can turn into an immobile amalgam of separate categories, abstract concepts, and strictly abstract truths in a fairly short time.

According to the authors, it is from this point of view that it is necessary to perceive the amendments made to the Basic Laws of the two states. However, you must consider their fundamental differences, which are clearly expressed in the following aspects: 



supplement the Federal constitutional law of the Republic of Austria, especially due to its membership in the European Union (EU), which resulted in a voluntary transfer of certain powers in the field of internal and foreign policy guidelines, supra-national entities of a given entity; meanwhile, the main purpose of the amendments made to the Constitution of the Russian Federation during the national vote

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held on July 1, 2020, is the implementation and translation into practice of the security and protective conditions of domestic constitutionalism. To illustrate, among the many innovations, we will single out only three of the most fundamental norms aimed at protecting the interests of Russian citizens.

Thus, under the terms of clause 2.1 of Article 67 of the Basic Law, actions or appeals of this kind aimed at alienating part of the Russian territory are not allowed. In accordance with the rules of paragraph "g" of paragraph 1 of Article 72, the institution of marriage as a union of a man and a woman is protected by the State. Due to the requirements of Article 79, decisions of international bodies that contradict the Constitution of the Russian Federation are not subject to implementation on the territory of the country.

In the course of the work, methods of analysis and synthesis were widely used, which are classic and indisputable methods of any scientific research in the field of legal and other humanities.

A constructive and critical approach to the assessment of past and modern state-legal doctrines made it possible to draw attention to the role of well-known theorists in the history of the creation of the Federal Constitutional Law of the Republic of Austria and the Constitution of the Russian Federation.

The purpose of the research is to identify and fix the general and specific elements of Austrian and Russian constitutionalism, as well as the regularities of their historical and legal interaction at the current stage of state and social development.

Ultimately, the creative application of various research methods and techniques allowed us to solve the problems faced by the authors of the proposed publication.

Results and discussion Ultimately, the current Austrian Constitution can be viewed in two dimensions. In the narrow sense of the word, this is the Federal Constitutional Law of November 10, 1920 (Federal constitutional law, 1920). In the broad perception, it is a conglomerate that unites more than three hundred normative legal acts containing certain constitutional requirements, through which a significant range of the most important public relations is regulated.

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If we talk about modern Russia, the adoption of its Basic Law took place with a significant gap in time in a different political, economic and social environment. However, there were certain, similar circumstances. This is the collapse of the USSR, the extremely difficult economic situation in the country, a sharp drop in the standard of living of the country's population, rampant crime, the confrontation between the entourage of President Boris Yeltsin and supporters of the Supreme Soviet of the Russian Federation, which resulted in the dramatic events of October 1993, which caused human casualties.

Nevertheless, on December 12 of the same year, the Constitution of the Russian Federation was approved by a national referendum and entered into official force. As in the Austrian Federal Constitutional Law, it is based on the principles of democracy and equality; legality and justice; federalism and the separation of powers; the subjects of competence and powers are divided between the federal center and the authorities of the subjects; the institutions of private property and entrepreneurship have acquired a legal status.

The Basic Law also does not contain any ideological guidelines that fix the priority of a particular political party or social movement, and excludes a class approach to various social strata and groups.

At the same time, the norms of the Constitution of the Russian Federation, which occupies a leading place in the hierarchy of laws and bylaws, are not blind copies of foreign standards, since they contain very significant features that emphasize their specificity and originality. Let's look at some conditions in more detail.

First of all, the Basic Law highlights the provisions that the highest value of the Russian state is the person, his rights and freedoms: political, economic, social, cultural, ecological; freedom of movement and occupation; choice of place of residence and freedom of religion.

When analyzing the federal structure of Russia, first of all, it is necessary to pay close attention to its uniqueness. The corresponding entity is created on a national-territorial basis. It unites dozens of peoples and nationalities living on a vast territory, located in different time zones and climatic conditions. Therefore, the structure of state authorities and local self-government bodies has its own distinctive features.

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Thus, the republics that are part of a single state have their own constitutions, which reflect the issues inherent in a particular subject of the Federation. If necessary, the specifics of the relationship between the center and other population groups are regulated by separate laws.

As an example, the Federal Law of the Russian Federation No. 82-FZ of April 30, 1999 (as amended on July 13, 2020) "On Guarantees of the rights of Indigenous small-numbered Peoples of the Russian Federation" (Law № 82-FZ, 1999) which recognizes independent ethnic communities numbering less than fifty thousand people.

The law takes into account the historical experience of their ancestors in the field of nature management, the original social organization of living and the original culture. The state pays special attention to the preservation of the customs and beliefs of this category of Russian citizens, the protection of the native habitat of the traditional way of life, economic activities and crafts. The bodies of territorial public selfgovernment of indigenous small-numbered peoples play a certain positive role in this.

In our opinion, the above-mentioned act not only declares, but also develops and concretizes the previously proclaimed constitutional principles of legality, justice and equality, public culture and morality. The value of a person, regardless of his nationality, lifestyle and status, is emphasized. At the same time, the State assumes responsibility for the economic support of small indigenous peoples.

It can be stated that a certain decentralization and significant independence of the regions is balanced by the fundamental principles presented in the Basic Law, designed to guarantee the inviolability of the territorial community and the indivisibility of the Russian state. Among them, the following basic principles can be distinguished: a)

equality of the subjects of the Federation in relations with the highest state authorities and among themselves, regardless of historical, economic, national and other features and differences; b) unity and protection of the foundations of the state system of the Russian Federation; c) the undisputed priority of federal legislation over regional regulations; d) the inadmissibility of actions aimed at changing the territorial integrity of the Russian state.

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128 Unlike Austria, the Russian Federation has a presidential republic as a form of government, in which the head of state has the broadest powers.

It is the guarantor of the Basic Law, the rights and freedoms of citizens; determines the main directions of domestic and foreign policy; ensures the coordinated functioning and interaction of state authorities.

In addition to the President, these include the bicameral Federal Assembly (the Federation Council and the State Duma), the Government of the country and its courts at all levels, based on the terms of Article 11 of the Constitution of the Russian Federation. At the same time, as the Supreme Commander-in-Chief, the President of Russia bears personal responsibility for the protection of its state sovereignty, the inviolability of its borders, and the protection of the country from external challenges and threats.

It should be emphasized that such an exceptional legal position of the President of the Russian Federation has been subjected to numerous attacks. At the same time, it is necessary to recognize that this form of government largely contributed to overcoming many of the centrifugal processes that engulfed Russia on the verge of two centuries.

Such critical phenomena included the "parade of sovereignty"; the adoption of various regulations in the regions that fundamentally contradict the requirements of the Constitution of the Russian Federation and other federal laws; attempts to infringe on the electoral rights of non-indigenous citizens in certain republics; the introduction of illegal taxes and fees, as well as other negative aspects.

The events in the North Caucasus, which resulted in a violent confrontation with separatism, became the apogee, threatening the real destruction of the Russian statehood. This led to the large-scale involvement of the country's armed forces in combat operations with the enemy.

In this situation, the President of the country and the federal authorities had to immediately make quick and energetic decisions, the implementation of which was carried out only by force. It seems that under the parliamentary form of government, many pressing problems could be drowned in endless debates, agreements and disputes between representatives of various parties, lobbying groups and other similar structures.

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The support of a significant part of Russian citizens for the presidential form of government is explained by a number of reasons that go back to the distant past. In particular, it is necessary to take into account the uniqueness, originality and other most significant traditions of Russian society: communality, sobornost, power, patriotism, a special understanding of justice (Gogin, 2016, pp. 34).

In our opinion, regardless of the change of generations and the passage of time, the ideas of paternalism that are ingrained in the minds of people somehow have an impact on the consciousness and behavior of people, which in no way can be perceived in a negative way.

History shows that often the role of the subjective factor was the determining factor in many state and other socially significant achievements.

These issues are deeply and thoroughly analyzed in the monographs of S. A. Avakyan (Avakian, 2000); N. A. Bobrova (Bobrova, 2012); V. D. Zorkin (Zorkin, 2019) and many other publications.

Among the new federal authorities created in Russia on the basis of the constitutional rules were the Constitutional Court of the Russian Federation and the Accounting Chamber. The conditions of their activities and powers are in many respects comparable to the status of the relevant structures in the Republic of Austria.

At the same time, the constitutional provisions are not postulates that have been frozen for many decades, but a living document designed to change under the influence of objective reasons and socially significant requirements in particularly significant situations.

The complex of accumulated problems of various nature, among which a significant place was occupied by gaps in legislation, legal conflicts, the need to specify and clarify a number of conditions, contributed to the fact that in 2020 the Constitution of the Russian Federation underwent significant adjustments.

The works of N. M. Dobrynin (Dobrynin, 2020, pp.3-11); S. N. Baburin [20, pp. 3-8]; A.V. Bezrukov (Baburin, 2020, pp. 3-9] and many other researchers are devoted to the current state of Russian constitutionalism, especially in the context of the reform of 2020.

The complex of accumulated problems of various nature, among which a significant place was occupied by gaps in legislation, legal conflicts, the need to specify and clarify a

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number of conditions, contributed to the fact that in 2020 the Constitution of the Russian Federation underwent significant adjustments.

The works of (Dobrynin, 2020, pp.3-11); S. N. Baburin (Baburin, 2020, pp. 3-8); A.V. Bezrukov (Bezrukov, 2020, pp. 3-9) and many other researchers are devoted to the current state of Russian constitutionalism, especially in the context of the reform of 2020.

In addition to the changes indicated at the beginning of the publication, it is necessary to briefly describe several other amendments that are of primary importance, because in the near future they will play their role and will have an impact not only on the daily state of affairs, but also on the future.

First of all, we note a very significant expansion of the powers of the President of the Russian Federation in the field of public administration.

In particular, he can not only attend a cabinet meeting, but also carry out "general management" of the government's activities; appoint and dismiss the heads of federal executive bodies, including the ministers of the security sector and foreign affairs; the Prosecutor General and his deputies, and regional prosecutors.

When evaluating other innovations, the content of paragraph 2 of Article 67.1 of the Constitution of the Russian Federation deserves special attention. It is stated here that the Russian Federation, united by a thousand-year history, preserving the memory of our ancestors who passed on our ideals and faith in God, as well as continuity in the development of the Russian state, recognizes the historically established state unity. Many critical comments have been made about this article, but, in our opinion, there is a serious moral potential here, which must be consistently developed in theory and in practice.

Conclusion In both countries, the adoption of the Basic Laws was preceded to some extent by similar, negative events of different levels. For the Republic of Austria, the decisive factor was the defeat of the Austro-Hungarian monarchy in the First World War and the formation of several independent states on its former territory. For the Russian Federation, this is the collapse of the Soviet Union caused by a complex of objective and subjective reasons.

The foundation of the constitutionalism of both countries is made up of the principles of

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democracy and equality, legality and justice, federalism and separation of powers, protection of the rights, welfare and diverse interests of citizens, as well as other value aspects designed to determine the main directions of life and development of modern society.

At the same time, each state, due to a huge range of specific features, has the right to fix in its laws those conditions and provisions that meet the social needs of the country's population, even if they may be perceived in certain elements by other subjects of the world community in a controversial and ambiguous way.

References Avakian, S. A. (2000). The Constitution of Russia: nature, evolution, and modernity. 2nd ed., Moscow: Sashko RYUID. Baburin, S. N. (2020). On the spirituality of the goals and sociality of the tasks of the Russian constitutional reform. Constitutional and Municipal Law, No. 4, pp. 3-8.

Bezrukov, A.V. (2020). Constitutional reform – the main directions and ways to improve the configuration of public power in Russia.

Constitutional and Municipal Law, No. 4, pp. 3-9.

Brauneder, W., & Lachmayer, F. (1996).

Austrian constitutional history. Introduction to development and structures. Vienna.

Bobrova, N. A. (2012). Constitutional system and constitutionalism in Russia, Moscow: Unity Dana: Law and Law. Dobrynin, N. M. (2020). Constitutionalism and the paradigm of public relations in Russia: historical experience, conformism or the inevitability of change. Constitutional and Municipal Law, No. 1, pp. 3-11.

B. y. (1957). International relations and foreign policy of the USSR (1871 - 1957) M: Sat. doc., http://docs.historyrussia.org/ru/nodes/99982mezhdunarodnye-otnosheniya-i-vneshnyayapolitika-sssr-1871-1957-gg Federal constitutional law. "Constitution of the Republic of Austria" Austrian federal constitutional law of November 10, 1920 (as amended in 1999). https://legalns.com/download/books/cons/austri a.pdf Federal Law of the Russian Federation No. 82FZ "On Guarantees of the rights of Indigenous small-numbered Peoples of the Russian Federation". Collection of legislation of the Russian Federation, Russian Federation, of April 30, 1999 (as amended on July 13, 2020).

Gafurova, B. G., & Zuboka, P. I. (1960). A textbook on modern history in three volumes.

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130 Volume 1. (1917-1939 Documents and Materials), Moscow: Publishing House of SocioEconomic Literature.

Gogin, A. A. (2016). Offense: general theoretical, intersectoral and branch aspects: monograph, Moscow: Yurlitinform.

Kant, I. (1964). The Critique of Pure Reason.

Essays in six volumes. Vol. 3. Publishing house of socio-economic literature, Moscow: "Thought".

Kelsen, G. (2006). Judicial guarantee of the Constitution (constitutional justice). Part 1. Law and Politics, Moscow: NOTA BENE, No. 8, pp. 5-14.

Kelsen, G. (2006). Judicial guarantee of the Constitution (constitutional justice) Part 2.

Ending. Law and Politics, Moscow: NOTA BENE, No. 9, pp. 5-18.

Kelsen, G. (2009). Pure doctrine of law and analytical jurisprudence. Perev. from the English

by A. A. Kraevsky. Russian Yearbook of the Theory of Law, No. 2, pp. 432-453.

Lienbacher, G. (2008). The first part of the constitutional reform. Journal of Research Practice.

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Manoilo, A.V., & Nizovkina, I. A. (2014).

Features of Austrian federalism. International Relations, No. 2, pp. 180-183.

Novinsky, V. V. (2001). Evolution of the constitutional legislation of the Republic of Austria. Russian Law Journal, No. 1(29), pp. 112-116.

Prudnikov, O. E. (2012). Formation of the foundations of the constitutional legislation of the Austrian Imperial Monarchy in the 18661867 – ies. Bulletin of the Volgograd State University. Series 5: Jurisprudence, No. 1(14), pp. 78-83.

Solomatin, A. Yu., & Koryakina, A. S. (2015).

Austrian federalism. Science, Society, State, 3(4), pp. 34-41.

Vashchenko, Yu. S. (2002). Philological interpretation of the norms of law: a monograph.

Tolyatti: Publishing House of the V. N. Tatishchev Volzhsky University.

Vodyanitskaya, E. A. (2011). The 2008 Austrian Constitutional Reform. MGIMO Bulletin, No. 4, pp. 193-198.

Zorkin, V. D. (2019). Constitutional and legal development of Russia. Monograph, M.: Norma.

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DOI: https://doi.org/10.34069/AI/2021.41.05.13

Criminological and forensic characteristics of forms of embezzlement committed through the use of information technology Кримінологічна та криміналістична характеристики форм розкрадань грошових коштів, вчинених шляхом використання інформаційних технологій Received: April 27, 2021

Accepted: May 30, 2021

Written by: Mykhailo Dumchikov42 https://orcid.org/0000-0002-4244-2419 Web of Science researcher code: ABC-1338-2020 Oleksandr Yunin43 https://orcid.org/0000-0003-4846-2573 Web of Science researcher code: AAP-5453-2021 Nataliia Nestor44 https://orcid.org/0000-0003-4231-537X Web of Science researcher code: AAP-5545-2021 Andrii Borko45 https://orcid.org/0000-0002-5498-1620 Web of Science researcher code: U-6786-2017 Oleksandr Yermenchuk46 https://orcid.org/0000-0001-5722-7183 Web of Science researcher code: AAP-5548-2021 Abstract

Анотація

The article's purpose is the criminological and forensic characteristics of the forms of embezzlement of funds by the use of information technology and international and foreign experience in combating this destructive phenomenon. The object of this article is the relationship that arises in connection with the implementation and counteraction to theft in the field of information technology. The authors used various methods of scientific cognition to write this work. In particular, historical, observation, generalization, comparison and analogy, statistical, analytical, and others. The article emphasizes that the emergence and rapid development of new information technologies do not always positively affect criminals because criminals can transform positive qualities into crime. In particular, crimes of embezzlement through the use of information technology are now widespread. This article has tried to provide a criminological description of the three main forms of cybercrime against money: carding,

Метою статті є кримінологічна та криміналістична характеристики форм розкрадань грошових коштів шляхом, вчинених використання інформаційних технологій та міжнародний і зарубіжний досвід протидії цьому деструктивному явищу. Об’єктом цієї статті євідносини, що виникають у зв’язку зі здійсненням та протидією розкраданню у сфері інформаційних технологій. Для написання даної роботи було використано різні методи наукового пізнання.Зокрема, історичний, спостереження, узагальнення, порівняння та аналогії, статистичний, аналітичний та інші.У статі акцентовано увагу на тому, що поява та стрімкий розвиток новітніх інформаційних технологій не завжди справляє позитивний ефект, адже злочинці можуть трансформувати позитивні якості у злочинні. Зокрема нині широкого поширення отримали злочини з розкрадання грошових коштів шляхом використання інформаційних технологій. У

42

PhD in Law, Senior Lecturer, Department of Criminal Legal Disciplines and Procedure, Sumy State University, Ukraine.

Doctor of Legal Sciences, Professor, Professor of the Department of Civil Law and Process of Dnipropetrovsk State University of Internal Affairs, Ukraine.

44 Doctor of Scienceof Law, HonoredLawyerofUkraine, Kyiv Scientific Research Institute of Forensic Expertise, Ukraine.

45 Doctor of Scienceof Law, Assotiate Professor, Admiral Makarov National University of Shipbuilding, Ukraine.

46 Assotiate Professor, Assotiate Professor of the operative-searching department in National academy of internal affairs, Ukraine.

43

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Dumchikov, M., Yunin, O., Nestor, N., Borko, A., Yermenchuk, O. / Volume 10 - Issue 41: 131-140 / May, 2021

phishing, and embezzlement committed using NFC technology. In addition, emphasis was placed on the importance, role, tasks of computer and technical expertise in the investigation of embezzlement dedicated through the use of information technology. The importance of implementing international conventions and the positive experience of foreign countries in combating the embezzlement of funds committed through the use of information technology.

Keywords: cybercrime, carding, phishing, Near Field Communication, computer and technical expertise, foreign experience.

статті ми спробували надати кримінологічну характеристику трьом основним формам кіберзлочинів проти грошових коштів: кардингу, фішингу та розкраданням, що вчиняються за допомогою технології NFC. Крім того, акцентували на значенні, ролі, завданнях комп'ютерно-технічної експертизи під час розслідування розкрадань грошових коштів, вчинених шляхом використання інформаційних технологій. Наголошено на важливості реалізації міжнародних конвенцій та позитивного досвіду зарубіжних держав у контексті протидії розкраданням грошових коштів, вчинених шляхом використання інформаційних технологій. Ключові слова: кіберзлочини, кардинг, фішинг, технологія «зв'язок на невеликих відстанях»,комп'ютерно-технічна експертиза, зарубіжний досвід.

Introduction At the present stage of formation and development of the information society, digitalization is global, comprehensive, penetrating all spheres of public life. This is becoming one of the leading social development factors and essentially characterizes modern social dynamics (Babanina, Tkachenko, Matiushenko & Krutevych, 2021). World scientific and technological progress has led to the emergence of a large number of new technologies. Such technologies have introduced a large number of innovations into public life. An important point of development is the emergence of the first computers and computer networks, which opened up many opportunities for humankind. Considering all the features of progress and other factors, it is possible to view the emergence of a new criminal link in cyberspace. At the same time, along with the apparent positive effect of the use of information technology, there are accompanying negative manifestations (Kurmaiev, Seliverstova, Bondarenko & Husarevych, 2020). Cybercrime is a very pressing issue in society today. This is evidenced by news worldwide, criminal statistics, problematic issues in the science of criminal law, and problems in the criminal process. All this is because, as a phenomenon, cybercrime is a particular category that is constantly evolving in parallel with technological progress. This proves the lack of an effective mechanism for protection against this phenomenon (Utkina, Bondarenko & Malanchuk, 2021).

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The urgency of issues related to criminal liability for theft committed with the use of information technology, because currently offenses that infringe on property relations, and directly related to computer technology and the Internet, have become widely spread acquired a prominent international character. In most cases, individuals do not know each other in real life, and their interaction is realized through virtual identification (Vorontsova, 2011).

Accordingly, information security requires a constant search for new mechanisms to combat cybercrime, including legal instruments, analysis of the causes, risks, and threats of high-tech criminal offenses against property. Cybercrime is a problem that needs to be taken seriously. This is because the impact of these unlawful encroachments is far-reaching and harms the economy. If left unchecked, these crimes will develop and require more attention from law enforcement and the legislature (Sujono, 2019).

New forms of crime are challenging our society.

Until a few decades ago, there were only a few mentions of cybercrime, but in a short time, cybercrime has spread so that it not only poses a threat to individual states but has reached global proportions. The most common crimes in cyberspace are thefts committed by fraud, the scope of which allows us to talk about their types: payment fraud (theft using payment cards); skimming (crimes related to the use of ATM fraud); malicious payment software (theft through the development and use of malicious programs); social engineering (illegal obtaining

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of information for selfish purposes); phishing (gaining access to confidential personal data by sending e-mails); fraud in e-commerce (theft related to the vulnerability of payment systems of online stores, platforms for ordering tickets, car rental, and others); prepaid copy (a promise to provide services or deliver goods after prepayment).

This confirms the fact that the improvement of computer technology, the rapid development of information technology creates a qualitative change in criminal offenses in computer information, and today there is a specialization in this part of the criminal environment. For example, property crimes should no longer involve personal contact between the offender and the victim (Kunz and Wilson, 2014).

Depending on which began to appear such types of criminals as carders, phishers (criminals who engage in computer fraud by obtaining illegal access to bank details, numbers of plastic payment cards, etc.), frackers (criminals who specialize in committing crimes in areas of telecommunications using confidential computer information and unique technology means for covert receipt of information from technical channels).

The purpose of scientific work is criminological and forensic characteristics of forms of embezzlement through the use of information technology and international and foreign experience in combating this destructive phenomenon.

Theoretical framework Carding as a form of embezzlement through the use of information technology Modern technology is firmly entrenched in our daily lives and is now an integral part of it.

Speaking of the Internet, we can say that this area of human interaction is developing rapidly. Now there you can find any information, including criminal. And what about crimes committed on the Internet?

Unlike traditional types of crime, the history of which spans centuries, such as murder or theft, the phenomenon of cybercrime is relatively young and new, which arose almost simultaneously with the advent of the Internet.

In modern Ukraine, the terms "theft in the field of information technology" are not officially defined in regulations. At the same time, the concept itself was formed through the activities

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of law enforcement agencies of developed countries in Europe and the world, including crimes in the field of computer technology, illicit trafficking in electronic and special hardware, distribution of unlicensed computer software, and some other types. crimes (Bondarenko & Repin, 2018).

The most common crime on the Internet is theft.

In the field of information technology, theft has developed quite well and therefore has many types. One of these is "carding," or in other words, theft associated with bank cards. An attacker can commit this act by hacking the servers of online stores, which store payment data, payment systems in general, or hacking a user's personal computer to obtain personal data of bank cards, accounts, etc.

Theft of details that identify users on the Internet as holders of bank credit cards, with their possible further use for illegal financial transactions (purchase of goods or money laundering) is called karting (Sachkov & Smirnova, 2015).

The increased interest of delinquents in increasing the number of online payments necessitates the improvement of legislation in combating carding. Moreover, this area's low level of resistance has turned carding into an independent measurement of criminal business with huge profits. The analysis of unique and scientific literature allows us to conclude that the scientific community pays attention to counteracting the theft of money from bank cards.

Tereshchenko L. K., Starodubova O. E defines carding as one type of fraud in which transactions are performed using someone else's payment card or its details that are not initiated or confirmed by its owner (Tereshchenko & Starodubova, 2017).

S. Usachev proposes to consider the theft of funds from payment cards, in other words, called carding and refers to the commission of various transactions directly through the use of the card itself or its details without the knowledge and permission of its official owner (Ermolenko, 2015).

M. Batiushkin notes that carding is an act of stealing someone else's property or acquiring the right to someone else's property by entering, deleting, blocking, modifying computer information or other interference in the operation of storage, processing, or transmission of

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134 computer information or information and telecommunications networks (Batyushkin, 2021). D. Grib notes that carding as theft is possible only with the help of computer manipulations, which consist in deceiving the victim or the person to whom the property is entrusted or under whose protection it was, using the information processing system (Grib, 2019).

In our opinion, "carding" should be defined as the theft of someone else's property, money, or rights to someone else's property by entering, deleting, blocking, modifying computer information or other interference in the operation of storage, processing, or transmission of computer information or information telecommunication networks.

Phishing is a form of embezzlement through the use of information technology According to M. Mogunov, "phishing" is a particularly dangerous crime associated with erroneous messages from banks, payment system administrators, or sending messages on social networks. These messages often ask you to follow the link to change the password or other actions, thereby obtaining a valid login and user password. The purpose of such manipulations can be a bank account, an account in payment systems, e-mail, and social networks. Once scammers get what they need, they quickly apply it to access the user's bank account.

Phishing can be defined as the acquisition by deception or social engineering methods (hacking using the human factor) of personal data for selfish, criminal purposes.

The implementation of phishing has two mechanisms: first, the intermediary receipt of personal data, and second, the receipt of personal data from their owner (Mogunova, 2020).

Currently, NFC is actively used primarily in a considerable number of digital mobile devices, such as mobile phones. NFC chips are built into the default and are also used in public transport and payment systems. Contactless payment is one of the most valuable features of modern smartphones. With its help, it is enough to bring the gadget to the payment terminal or turnstile in public transport to pay for a purchase or trip.

Mobile banking is another incredible invention that simplifies the lives of millions of users.

However, how safe is it to store card data on a smartphone and pay for everything in a row using the gadget?

Methodology Various methods of scientific cognition were used to write this work. In particular, the historical process is used to clarify historical moments in cybercrime and theft in information technology. The method of observation to get acquainted with the essence of theft in information technology and the difficulties it causes. The authors used the generalization method to define the general concept of theft in information technology and its significance for the economic security of the state and society.

The way of comparison and analogy is used to identify some standard and distinctive features among the regulations of different countries. The statistical method made it possible to investigate and assess the scale of the development of theft in information technology. The analytical approach is used to study the individual components of theft in information technology: the causes and methods of its commission.

Results and discussion General characteristics and types of theft through the use of information technology

Near Field Communication (NFC)

Web carding: a description of the essence

L. Bondarenko, N. Yaroshevich, and A. Tarabinovych note that NFC, or Near Field Communication, translated from English, means "near field communication". It is this technology that allows two devices equipped with NFC chips to wirelessly exchange data at a distance of up to 10 cm (Bondarenko, Yaroshevich & Tarabinovich, 2019). In general, NFC technology is a logical continuation and extension of the ISO 14443 standard, which combines the interface of a smart card and a reader into a single device. This allows the measure to cover a broader range of tasks and standardize a much larger set of devices.

Recently, web carding is gaining popularity, i.e., the theft of funds from payment card accounts, virtual accounts, cryptocurrency using the Internet. The low level of interaction between law enforcement agencies of different countries complicates counteracting webcarding. A person who steals money under a similar scheme is called a "carder" or a "web carder." Unemployed men are engaged in carding, as this kind of activity takes almost all the time. Age of malefactors from 18 to 40 years, not married. As a rule, these are people without education or have incomplete higher education, not previously convicted. These people have an increased ability

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to work because to commit theft, for example, from American payment cards, the last switch to a specific sleep mode, similar to the US time zone (conduct their "work" at night, sleep during the day) (Golovinov & Pogorelov, 2016).

Skimming as a kind of carding Let's turn to one of its most challenging to identify – skimming (such theft is carried out using special devices and tools that allow you to read payment card information (e.g., magnetic stripe). Ways to read information are currently different; continuous technical development, science, and technology determine the constant improvement of these methods by criminals.

Today, law enforcement agencies know such methods of reading magnetic strips of payment cards as the use of special devices that read the magnetic head and adapter to connect to a computer, allowing you to process the necessary data of the magnetic stripe cardreproduce it on a fake further. In addition, criminals use minivideo cameras, the task of which is to obtain data on the PINcodes of payment cards (Likholetov, 2016). The main problem of detecting these devices at ATMs or other terminals, gas stations, vending machines is their careful camouflage and lack of knowledge about the authentic appearance of these terminals among citizens.

Yes, not a specialist in this field of expertise is unlikely to distinguish an ATM with the original elements from the receiving tray with a cover in the form of a magnetic head. First of all, such devices are not conspicuous, and the overlays have the original color, shape, and other external data.

The essence of the use of skimmers is the ability of such devices to concentrate criminally obtained information about payment cards, as well as transmit it through communication channels for further production of a duplicate card, both for cash and for various purchases without direct withdrawal funds from the card (Smagorinsky & Senchenko, 2016).

A significant problem in detecting such crimes is the relatively high level of development of the so-called "criminal electronics". Improving the methods of embezzling money from bank cards makes it difficult to create a particular algorithm of actions of law enforcement officers, which allows you to respond competently to such facts of illegal activities of criminals.

Phishing: characterization of the essence

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The principle of "phishing" redirects the user to fake network resources created by attackers, outwardly no different from actual Internet pages.

By following the link attached to the letter, the user gets to a fake site that looks just like the accurate site of any bank, store, or social network. Once a user fills out a form with a login and password to log in to their account, they are detected by attackers. The criminal, gaining access to the login and password from the report to the Internet banking, transfers funds from the victim's account, thereby committing theft.

For example, there is a well-known cryptocurrency payment service www.myetherwallet.com. On such a service, you can create a virtual cryptocurrency wallet and buy and store cryptocurrency. In their messages or messages, intruders sending links to this site allegedly change several or even one letter to other characters to be invisible. For example, the actual link of this system is as follows: www.myetherwallet.com, and the attacker's link will look something like this: www.myetherwalIet.com (Decision of Appeal ruling of the Supreme Court of the Udmurt Republic, 2019). It should be emphasized that "phishing" does not affect the software on the victim's computer. The victim himself goes to the sent link and enters the login and password. In the future, the theft of funds is carried out using the received login and password, but not due to exposure to the victim's device.

Using NFC technology to steal money Theft is associated with contactless payment, i.e., due to NFC, a wireless data transmission technology with a shortrange, which allows the exchange of data between devices at a distance of 4 centimeters. This technology is now present in almost every bank card and smartphone.

Itenables you to pay for purchases up to a certain amount only by attaching a bank card without entering a password.

The essence of criminal activity is to intercept NFC signals using illegal readers. RFID interceptors are analogs of conventional contactless PIC card terminals with increased functionality that capture and process electromagnetic waves. Such a device is usually equipped with an antenna, a particular controller, connectors for extracting information from the reader, and pirated computer software, i.e., software. To receive money, the attacker is enough to be 10 centimeters from the bank card,

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136 which will get money and all its data. However, progress is not standing still, and today there are some ways to protect against attackers: many manufacturers have started selling unique aluminum card covers that dampen electromagnetic waves, thus limiting the use of the contactless payment, then there is an option to set a limit for contactless payment without entering a password and others.

The role and importance of computer forensics in the investigation of embezzlement through the use of information technology It is worth emphasizing one of the achievements of recent years in the field of detection and investigation of criminal offenses, namely the emergence of computer science, which is included in the relevant list of genera (types) of forensic examinations performed in forensic departments.

With exceptional knowledge in computer technology, experts (experts) can contribute to the investigator's activities to establish the truth in the investigation of crimes (Shaevich, 2011).

The possibilities of forensic examination are challenging to overestimate. This fact is entirely accurateA. Vardanyan and O. Gribunov noted that current law enforcement practice is focused on the appointment and conduct of examinations that will reveal information about the mechanism of criminal activity, the identity of an unidentified offender, and other signs and properties, thereby serving as evidence in a criminal case (Vardanyan, Gribunov, 2016).

Consider the possibility of computer forensics as an essential aid in detecting and investigating criminal offenses related to the theft of funds from bank cards. Criminals, in most cases in terms of ways to commit illegal acts, use objects of electronic devices designed to intercept information about customers of remote banking systems.

The subject of computer-technical examination, which is conducted to establish the facts of theft of funds from payment cards, are the following categories: the establishment of factual circumstances relevant to the criminal case under investigation (1); establishing the actual occurrences associated with the use of electronic devices that allow you to seize the data of the payment bank card, as well as information about PIN-codes (2). Objects of computer and technical examination are unique devices and tools that allow you to read the statement of payment cards installed on the elements and nodes of the

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terminals of remote banking systems (ATMs), which are withdrawn directly from ATMs or during the inspection and searches (Pilipchuk & Dzioban, 2011).

The objectives of this examination, which is assigned in the investigation of criminal cases initiated on the facts of the investigated thefts, are: to determine the direct possibility of interception of information about customers, submitted for investigation equipment (1); diagnosing individual bank card numbers intercepted by them (2) (Golub, 2016).

Establishing these tasks will provide information about involvement in the crime and serve as the evidence in detecting compromised payment cards and determining the possible damage caused to the victim.

During the computer forensic examination, which is assigned to this category of crimes, the expert can answer the following questions: 1) whether it is possible to use the presented devices to obtain information available on plastic payment cards, as well as information about keystrokes on the ATM keyboard (including a number about PIN codes)? 2) does the presented objects contain data on plastic payment card numbers and their PINcodes? 3) in what way is it supposed to receive the presented equipment (device) data on the received information?

The relatively narrow list of issues to be resolved by experts is explained by the fact that this type of forensic examination is still relatively "young". The potential and opportunities of the study are not fully disclosed, which affects the formation ofthe quality evidence base in criminal cases.

Moreover, currently, there is no specialized method of producing such examinations, including all aspects of this activity, the exact algorithm, and ways to resolve disputes that arise at the stage of formulating conclusions.

Continuous improvement of skills and abilities of criminals in terms of improving the concealment of traces of criminal activity on the proposed crimes indicates the need for constant monitoring of consumer radio technology, as well as the importance of developing new tools and methods to establish the facts of illegal actions, namely embezzlement—payment bank cards.

International and foreign experience in combating theft using information technology and computer information

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The problems of counteracting such embezzlement are acute for the world community, which adequately assesses the current situation, recognizing the obligation to take urgent international action (Jahankhani, AlNemrat & Hosseinian-Far, 2014).

The UN makes a significant contribution to solving the problem of combating cybercrime.

The UN Office on Drugs and Crime has conducted a comprehensive study of cybercrime to study the problem of counteraction and develop proposals for improving international legal measures and national legislation. At the request of the UN General Assembly (Resolution No. 65/230, 2011), the Commission on Crime Prevention and Criminal Justice set up an intergovernmental group of open-ended experts to identify the research topics and methodology, take note of the study itself, and take action. In response, the Member States, the international community, and the private sector, and in 2017 proposed a platform for further discussion of cybercrime issues to closely monitor new trends (United Nations, 2021).

Documents developed in the context of or under the auspices of the Council of Europe or the European Union, the Commonwealth of Independent States or the Shanghai Cooperation Organization, African intergovernmental organizations, the League of Arab States, and the United Nations (United Nations, 2021) are also necessary. First of all, it is essential to analyze the Council of Europe Convention on Cybercrime, adopted on November 23, 2001, also known as the Budapest Convention. It is currently the only global document at the international level that is mandatory for member states, which regulates actions to combat cybercrime (Council of Europe, 2001).

Cybercrime in the Budapest Convention is divided into five groups: crimes against confidentiality, integrity, and availability of computer data and systems (illegal access, unauthorized interception, influence on data, influence on the functioning of the system, unlawful use of devices) (1); crimes for which a computer is used (forgery with the use of computer technology, fraud with the help of computer technology) (2); crimes related to data retention (child pornography) (3); crimes related to the infringement of copyright and related rights (4); crimes related to racism and xenophobia committed with the help of computer systems (5).

It is important to note that the Convention, as the primary document of international character, sets out the criteria for the development of national

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legislation defining the types of acts to be criminalized; fraud with computer technology has identified a separate crime.

In addition to studying international regulations aimed at combating the theft of money through information technology, it is worth emphasizing the example of similar experiences in foreign countries.

In the French Criminal Code, the rules for liability for computer crimes are contained in two books. Thus, the second book, "On crimes and misdemeanors against the person, " includes the chapter "On encroachments on the person", including the composition of such crimes as illegal actions with personal data in telecommunications systems. The third book, "On property crimes and misdemeanors," contains a chapter "On encroachments on automated data processing systems", the rules of which provide for criminal liability for its misuse. It follows that personal data, as well as telecommunication systems, are subject to criminal law protection. The Criminal Code of France does not contain special rules on theft committed with the use of computer information (Criminal Code of the French Republic, 2020).

In the Criminal Code of the Federal Republic of Germany, computer fraud is a separate crime; paragraph 263a establishes liability for actions to obtain for themselves or a third party illegal property gain, which harms the property of another person by influencing the outcome of computer data processing compiling incorrect programs, using inaccurate or incomplete data, unauthorized use of data or other illegal influence on the data processing process. Computer information, in this case, is a way of committing theft (Criminal Code of the Federal Republic of Germany, 2013).

In 1986, the United States passed the Computer Fraud and Abuse Act. This law is one of the few components of federal law on theft using computer systems. Paragraph 1030 of Chapter 47, Section 18 of the U.S. Code, which establishes liability for committing fraud by accessing a computer, has become part of this law (Khilyuta, 2013). Under this rule, criminal liability arises for access to a computer that is carried out with fraudulent intent, and its use to obtain anything of value through fraud, including the illegal use of computer time worth more than $ 5,000 during the year, that is, without paying for the benefit of computer networks and services. Thus, US law separates computer fraud

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138 from the traditional, its essence - access to a computer and computer use.

The Swiss Criminal Code provides for liability for electronic espionage, perfect for selfish purposes. Thus, a person who, for his or her illicit enrichment or the enrichment of another, acquires for himself or another person data collected or transmitted electronically or in a similar manner is subject to criminal punishment.

In addition, Article 147 criminalizes fraudulent abuse of a data processing facility (Swiss Criminal Code № SR 311.0, 2020).

Paragraph 2 of Article 278 of the Criminal Code of the Republic of Polandstates that a person who receives someone else's computer program to obtain property gain is subject to criminal punishment without the consent of an authorized person (Criminal Code of the Republic of Poland, 1997). In addition, paragraph 1 of Article 287 provides for criminal liability for unlawful receipt of property gain or wrongful infliction of harm to another person by influencing the automated conversion, collection, or transmission of information, its modification, deletion, or introduction of a new record on computer media (Criminal Code of the Republic of Poland, 1997). Crimes, which the legislator classified as a computer, in Poland are divided into groups depending on what the person's actions were aimed at - to obtain information or to obtain property benefits The Turkish Criminal Code does not provide for computer fraud. Still, Article 504, paragraph 3, establishes liability for fraud using postal, telegraph, and telephone communications as a tool of crime (Penal Code of Turkey, 2016).

According to paragraph 279a of the Danish Penal Code, computer fraud refers to the unlawful alteration, addition, destruction of information or programs used for electronic data processing committed for illegal gain (Order No. 909, 2005).

The Criminal Code of the Republic of Korea contains Article 347-2 "Computer fraud", according to which a person who receives any benefit from the property or facilitates the receipt of such service by a third party through the use of information, input of erroneous or improperly processed data in technical means, including a computer, is subject to criminal punishment (Criminal Code of the Republic of Korea, 1998).

Analyzing the international and foreign experience in combating computer theft, it should be noted that agreement on this issue has

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not been achieved at any level. In our opinion, it is worth developing a concept that would include the following segments: 1) a review of the activities of international organizations allows us to conclude that the world community is actively taking measures to combat cybercrime, making efforts to reform legislation. However, recognizing that effective confrontation is possible only with joint complex, coordinated actions, it has not yet achieved positive results in this direction. The adopted documents of international and regional organizations are characterized by a certain degree of fragmentation in the criminalization of acts.

Some address the problem of cybercrime in the broadest sense as a growing threat to international security, including information terrorism, information warfare, and do not contain provisions relating to criminal justice, including crime and procedural powers. Other guidance documents containing these provisions do not provide a single approach, particularly addressing the criminalization of acts committed in cyberspace. Such differences can significantly impact how the requirements of international law will be taken into account in national legislation.

At the same time, most countries of the world community recognize that the fight against cybercrime requires the strengthening of legal measures, improvement of legislation, including in the field of criminal law; 2) currently in foreign countries in terms of criminalization of theft committed with the use of computer information, different approaches are used.

Several countries, such as the United Kingdom, France, and Georgia, use general rules on cyber theft with provisions that reflect components of acts such as unauthorized access, intrusion into personal data, and other information security crimes. In addition, an approach is being implemented in which the use of computer technology is envisaged as a qualifying feature of property crimes (Turkey). In other countries, such as the United States, Germany, Japan, Switzerland, Sweden, Poland, Denmark, Korea, China, Belarus, Armenia, thefts committed with computer information are allocated to separate warehouses in the system of property crimes.

Such acts are mostly recognized as either theft or fraud and are prohibited by either the fundamental criminal law of the country, or unique, or both.

Conclusions The emergence and rapid development of new information technologies do not always positively affect criminals because criminals can transform positive qualities into crime. In

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particular, offenses related to the theft of money through information technology are now widespread. This article has tried to provide a criminological description of the three primary forms of cybercrime aimed at stealing money: carding, phishing, and embezzlement committed using NFC technology. In addition, emphasis was placed on the importance, role, and implications of computer and technical expertise in the investigation of embezzlement through information technology. The importance of implementing international conventions and the positive experience of foreign countries in combating the embezzlement of funds committed through the use of information technology.

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DOI: https://doi.org/10.34069/AI/2021.41.05.14

Features of the initial stage of investigating fraud with financial resources in cyberspace Особливості початкового етапу розслідування шахрайства з фінансовими ресурсами у кіберпросторі Received: April 25, 2021

Accepted: June 15, 2021

Written by: Oleg Reznik47 https://orcid.org/0000-0003-4569-8863 Web of Science researcher code: AAJ-3122-2020 Andrii Fomenko48 https://orcid.org/0000-0003-3517-1638 Web of Science researcher code: AAP-2665-2021 Andrii Melnychenko49 https://orcid.org/0000-0002-0719-2821 Web of Science researcher code: AAP-2675-2021 Natalia Pavlova50 https://orcid.org/0000-0002-1572-4648 Web of Science researcher code: AAP-2689-2021 Andrii Prozorov51 https://orcid.org/0000-0002-0905-7076 Web of Science researcher code: AAP-2986-2021 Abstract

Анотація

The article aims to characterize the forensic features of the initial stage of investigating fraud with financial resources in cyberspace, its significance, analysis, and justification as a type of cybercrime that is dangerous for everyone, and prove the need for urgent measures to prevent and combat such criminal offenses. The authors used several methods of scientific cognition: logical-semantic, system-structural, analytical, formal-legal, forecasting, dialectical, interpretation, and hermeneutics. The article focuses on the general provisions of the forensic characteristics of Internet fraud with financial resources; analysis of the information model of the mechanism of committing fraud with financial resources in the field of computer information; coverage of the tactical features of individual investigative actions at the initial stage of the investigation of fraud with financial resources in cyberspace. It was concluded that

Метою статті є характеристика криміналістичних особливостей початкового етапу розслідування шахрайства з фінансовими ресурсами у кіберпосторі, його значення, аналіз та обґрунтування як одного з видів кіберзлочинності, що є небезпечним для кожного, і доведення необхідністі здійснення невідкладних заходів щодо попередження та протидії такому кримінальному правопорушенню. Об'єктом наукової статті є злочинна діяльність осіб, які вчиняють шахрайство з фінансовими ресурсами у кіберпросторі та пошуково-пізнавальна діяльність осіб, які ведуть розслідування даного виду кримінального правопорушення. Авторами було використано ряд методів наукового пізнання: логіко-семантчний, системно-структурний, аналітичний, формально-юридичний, прогнозування, діалектичний, тлумачення та герменевтики. У

47

Doctor of Juridical Sciences, Associate Professor, Department of Administrative, Economic Law and Financial and Economic Security, Sumy State University, Ukraine.

48 Candidate of Juridical Sciences, Rector, Dnipropetrovsk State University of Internal Affairs, Ukraine.

49 Candidate of Juridical Sciences, Associate Professor of the Department of Criminal Procedure, Faculty of Training for Pre-trial Investigation, Dnipropetrovsk State University of Internal Affairs, Ukraine.

50 Candidate of Juridical Sciences,Associate Professor of the Department of Criminalistics and Domestic Training, Dnipropetrovsk State University of Internal Affairs, Ukraine.

51 Candidate of Juridical Sciences,Associate Professor of the Department "Organizations of information security with limited access" of the National Academy of the Security Service of Ukraine, Ukraine.

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Reznik, O., Fomenko, A., Melnychenko, A., Pavlova, N., Prozorov, A. / Volume 10 - Issue 41: 141-150 / May, 2021

the effectiveness of combating Internet fraud and the level of cybersecurity in Ukraine is very low.

Therefore, the investigation of fraud with financial resources in cyberspace requires indepth specific knowledge from the subjects of the investigation.

Keywords: criminal offenses, cyberspace, fraud, financial resources, investigation.

статі акцентовано увагу на загальних положеннях криміналістичної характеристики інтернет шахрайства з фінансовими ресурсами; аналізі інформаційної моделі механізму скоєння шахрайства з фінансовими ресурсами в сфері комп’ютерної інформації; висвітленню тактичних особливостей окремих слідчих дій на початковому етапі розслідування шахрайства з фінансовими ресурсами в кіберпросторі. Робиться висновок про те, що ефективність протидії інтернет шахрайству та рівень кібербезпеки в Україні на дуже низькому рівні. А відтак розслідування шахрайства з фінансовими ресурсми в кіберпросторі вимагає глибиних специфічних знань від суб’єктів розслідування, які, на жаль, не можуть бути ними здобутті з різних причин. Наприклад, застарілістю науково-практичної підготовки та техніки. Усе викладене, у свою чергу, ускладнює попередження та протидію незаконним діям, а це дозволяє їм існувати протягом такого тривалого періоду часу. Ключові слова: розслідувння, шахрйство, фінансові ресурси, кіберпростір, кримінальні правопорушення.

Introduction At the present stage of the formation and development of the information society, the process of digitalization is global, comprehensive, penetrating all spheres of public life. It is becoming one of the main factors of social development and largely characterizes modern social dynamics. Due to the process of society informatization, there are systemic changes, according to which all segments of society and each person are included in the global information space, becoming elements of the global information system and, accordingly, to some extent depend on it (Babanina, Tkachenko, Matiushenko, & Krutevych, 2021). The constant development of the market leads to the emergence of new financial instruments, goods, products and monetary surrogates (Dumchikov, Kononenko, Batsenko, Halenin & Hlushchenko, 2020).At the same time, accelerated scientific and technological progress, the global society computerization has led to significant changes, which are manifested in both positive and negative consequences for any sphere of public life. The positive consequences include the automation of most actions, which greatly facilitates the existence of each. The negative effects of computerization are expressed in the emergence of new types of cybercrime, characterized by high social danger. This means cases of violation of national and international

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law in cyberspace and/or with the use of information technology (Kurmaiev, Seliverstova, Bondarenko, & Husarevych, 2020).

Today, this issue is very important to address and very relevant for discussion. Applying deterrent measures against cybercrime is important for domestic cybersecurity to protect the nation’s critical infrastructure, as well as for individuals.

In this regard, the main goal of the authorities is to prevent cyberattacks and protect the country’s critical infrastructure. In addition, reducing vulnerability to cyberattacks is important to reduce and minimize damage and recovery time.

To prevent criminal offenses in cyberspace, it is necessary to clearly understand the patterns of these criminally illegal acts in cyberspace and the online behavior of these criminals (Bhavna, 2016). In this regard, the peculiarities of the criminal offenses in cyberspace investigation are undoubted of particular scientific interest. This is due to the value of the subject of this criminal offense and, of course, the vulnerability of computer information. It is important to note that due to the large scale of non-cash payment, there are new types of criminally illegal acts, especially Internet fraud, which threatens the economic life of the country and its population.

One of the main measures to combat this destructive phenomenon is to develop effective measures, methods, tactics, and techniques of its

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investigation, which, of course, will ensure its prevention and active struggle.

types of criminal offenses (Bondarenko & Repin, 2018).

The article aims to characterize the forensic features of the initial stage of investigating fraud with financial resources in cyberspace, its significance, analysis, and justification as a type of cybercrime that is dangerous for everyone, and prove the need for urgent measures to prevent and combat such criminal offenses. The object of the scientific article is the criminal activity of persons who commit fraud with financial resources in cyberspace and the search and cognitive activity of persons who investigate this type of criminal offense.

In domestic and foreign scientific circles, criminal offenses committed in computer and telecommunications systems are nominated differently: computer crimes, crimes in the field of high technology, information crimes, cybercrimes, crimes in the field of computer information security, crimes in the field of computer information, criminal offenses in cyberspace, etc. (Vorobiev, 2014).

Theoretical firework Cybercrime With the development of information technology, the concept of “computer” is becoming commonplace. Currently, almost all gadgets have access to the Internet. With the growing statistics of computer users, the number of trusting consumers who are unable to refuse attractive offers, as well as those who use the Internet to commit illegal acts, is increasing.

Computer and telecommunication systems not only open unique opportunities to meet the broadest demands of man in all spheres of his life and the functioning of the state but also create favorable conditions for all kinds of malicious actions.

The scale and structure of cybercrime in different countries vary considerably and depend primarily on the nature and level of information technology development, the extent of the Internet, the use of electronic services, and ecommerce. The authors also emphasize that so far the world community has not developed a single terminology and a single approach to the phenomenon and concept of cybercrime, which is used along with the concept of cybercrime.

To control and prevent cybercrimes, researchers have attempt to understand the causion of ybercrime(Nguyen, 2020).

The term “cybercrime” is not defined in legally enforceable enactments. At the same time, the concept was formed due to the activities of law enforcement agencies of developed countries in Europe and the world and concerns criminal offenses in the field of computer information and telecommunications, illicit trafficking in electronic and special hardware, distribution of unlicensed computer software, and some other

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Crime on the Internet is often referred to as cybercrime and occurs because “the perpetrator uses expert knowledge of cyberspace” (Furnell, 2002).

However, the concept of “cybercrime” is semantically broader than “computer crime” and more accurately reflects the essence of such a global phenomenon as a crime in the information space. If the term “cybercrime” refers to both the use of computers and the use of information technology and global networks, the concept of “computer crime” mainly refers to crimes committed against electronic devices and stored data in them (Nomokonov & Tropina, 2013).

The existing variety of approaches to understanding this phenomenon was analyzed by V. Dulenko, R. Mamleev, and V. Pestrikov, in particular, they believe that cybercrime in the broadest sense - is any illegal act committed with or in connection with computer devices, including crimes such as illegal storage, supply or dissemination of information through the use of computer technology (Dulenko, Mamleev & Pestrikov, 2007).

According to I. Chekunov, cybercrimes are socially dangerous acts committed with the use of means and methods of computer and mobile (cellular) equipment, their software components for the information posted, used, processed, variable in the virtual space of the Internet (Chekunov, 2012).

According to M. McGuire and S. Dowling, cybercrime can be seen as a broad general term that encompasses cybercrime when computers and technology are used as an ancillary role, such as using a computer to send harassment messages. At the same time, the term “cybercrime” also includes computer-based crimes that are a direct result of computer technology and would not exist without them, such as the unauthorized intrusion of a computer system (McGuire and Dowling, 2013).

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144 Cybercrime is criminal activity that either targets or uses a computer, a computer network or a networked device. Most, but not all, cybercrime is committed by cybercriminals or hackers who want to make money. Cybercrime is carried out by individuals or organizations. Some cybercriminals are organized, use advanced techniques and are highly technically skilled.

Others are novice hackers.

Plumbing the depths of cyberspace from the standpoint of criminology, we note the most important methodological specifics of this science: it explores any objects of material and ideal macro and microworld. In other words, the composition of the tasks in the study of cyberspace and cybercrime is due to the infinite variety of investigative, forensic, and expert situations, due to which the methodological potential of studying virtual crime must necessarily embody the richness of general and special forensic knowledge.

The generalization of various aspects of the investigation of virtual crime, studied by many authors, suggests that cyberspace must be known through the field of interpenetration and interaction in the perspective of a systems approach as an object as a complex phenomenon formed from the elements between which it forms the relatively unchanged structure and ensure its integrity.

Methodology To achieve this goal, a set of methods of scientific cognition was used in the article. With the help of the logical-semantic method, the conceptual apparatus of our research is generalized and improved. At the same time, the system-structural method helped to single out elements of the model of the mechanism of fraud with financial resources in the field of computer information. The analytical method allowed us to analyze statistical data and make reasoned conclusions based on them. The formal-legal method and the method of forecasting made it possible to clarify and single out the elements of the mechanism of the criminal offense of fraud with financial resources in cyberspace. It is necessary to dwell on the dialectical method, which was used to try to form some theoretical generalizations, in particular on the model of the mechanism of committing fraud with financial resources in the field of computer information.

Also, the method of interpretation and hermeneutics was used in our study to ensure the definition of the conceptual and categorical apparatus of criminal offenses in cyberspace.

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Results and discussion General provisions of the forensic characteristics of fraud with financial resources in cyberspace Given the complex nature of the criminal activity considered by us, it should be noted that the method of committing fraud with financial resources has a certain structure. It consists of preparation for commission, implementation of the method of commission, as well as activities aimed at concealing the traces of this criminal offense. Consider them in more detail.

It should be noted that the specifics of fraud with financial resources in the field of computer information is that already at the stage of preparation, criminals carry out activities aimed at concealing the traces of a criminal offense.

This is expressed, for example, in the creation of malicious programs that allow you to enter the victim's computer without informing him about it, remote access to the victim's computer, or communicate with him at a considerable distance using various programs.

In addition, depending on the chosen method, criminals develop appropriate sites where the victim receives information or sends malware or information that is used to involve the victim in fraudulent schemes. Similarly, depending on the method of committing fraud with financial resources, tools and means are selected (computer hardware, provider, computer network, etc.), as well as persons who, depending on the distribution of roles, perform the assigned duties on commission of fraud with financial resources. The peculiarity of the selection of these persons is that in certain cases they may not know the true purpose of their activities (development of a program that can then be used as malicious, courier services) (Rozsoliv, 2009).

An analysis of investigative and forensic science, as well as scientific and legal literature, states that there is no single approach to the classification of methods of committing fraud with financial resources in the field of computer information.

It should be noted that in the authors’ opinion, there is no numerus clausus of ways to commit this act. This approach, of course, can negatively affect the ability to qualify, in the event of new ways of committing fraud in the field of computer information. However, this is an inevitable situation to be prepared for.

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This approach is the basis for the classification of the main ways of committing computer fraud in the Convention on Cybercrime, in Art. 8 which stipulates that to qualify in its national criminal law, following its domestic law, in the case of intentional and without the right to deprive another person of his property by a) any introduction, modification, removal or blocking of computer data; b) any interference with the operation of a computer system, fraudulent or dishonest intent to misappropriate economic benefits for oneself or another person (Council of Europe, 2001).

To date, a large number of different computer programs have been developed for the functioning of the computer network and its facilities and, accordingly, for the commission of corrupt criminal offenses in the field of computer information. According to O. Zuban, only according to the most modest estimates, Trojans are installed on several million machines around the world and can update their versions, receive instructions from pre-prepared (Zuban, 2003).

Thus, fully agreeing that without correlations between the elements there is no forensic characterization of any type of criminal offense, the above allows us to state with confidence that the interdependent (correlation) relationships between the elements of the forensic characterization of fraud with financial resources in the field of computer information are quite clearly visible in their detailed analysis, during the study of forensic practice and the provisions of science, which significantly has a positive effect on the possibility of preparing scientific provisions and developed on their basis practical recommendations for investigating this type of criminal activity.

The information model of the mechanism of committing fraud with financial resources in the field of computer information Along with the forensic characteristics, in science, such a category as the mechanism of a criminal offense is quite actively developed. This is because the mechanism of a criminal offense characterizes the functional side of the act. The mechanism of a criminal offense is a system of elements of forensic characterization of criminal offenses, which reflects the process of preparation, commission, and concealment of a criminal offense, which leads to the formation of traces that are important for solving criminal proceedings. The forensic mechanism of a criminal offense includes elements of its forensic characteristics.

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The mechanism of a criminal offense should be understood as a system of processes of interaction of the participants in this act, both direct and indirect, with each other and with the material environment associated with the use of appropriate tools, means, and other individual elements of the situation. In the scientific literature, it is rightly noted that the mechanism of a criminal offense naturally causes the emergence of criminologically significant information about the criminally illegal act, its participants, and results.

From the standpoint of a systematic approach, the mechanism of fraud with financial resources in the field of computer information is considered as a complex entity, the specificity of which is determined not so much by elements of its structure, but by the nature of relations and connections between elements (Ilyushin, 2007).

As it is known, in the course of the investigating criminal proceedings, the activities of the investigator should be purposeful and aimed at clarifying the mechanism of the criminal offense.

Knowledge of the most typical mechanisms of criminally illegal acts will allow forming an imaginary model of the mechanism of the offense, to determine the direction of research of available evidence and the place of search for new, missing information about the illegal act and its participants. The value of this approach is that it allows you to track the development of a criminal event in action and its consequences (and all its participants) from the origin of the criminal plan to its implementation, as well as the stages of formation of the mechanism of a criminal offense.

Thus, the basis for creating a model of the criminal offense mechanism is information about it. This fact allows the development of a model of the mechanism of fraud with financial resources in the field of computer information to take the statement of R. Belkin, who notes that “information about the mechanism of criminal offense and related circumstances arising from the formation of this mechanism and replenished throughout the time of its operation, occurs inevitably, and the process of its occurrence is natural” (Belkin, 2013).

The concept “mechanism of a criminal offense” focuses on the elements of its composition, relating to its subjective side. In the process of retrospective cognition, which is the investigation, the establishment of elements of the subjective side (purpose and motives, guilt and its forms) is possible only based on a single

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146 “objective material” - the specific actions of the participants in the crime.

proof; search and obtain orienting information; use of office knowledge.

Within this framework, the main elements of the model of the mechanism of fraud with financial resources in the field of computer information, from the authors’ point of view will be:

The initial stage of the investigation of any criminal offense is the stage of opening criminal proceedings. Its specificity is due to the peculiarity of a particular type of criminal offense and determines the algorithm of the investigator’s actions in identifying signs of a particular criminal offense. These signs affect the choice of forces and means, as well as the entire course of further investigation. A study of investigative and judicial practice in criminal proceedings for fraud with financial resources in the field of computer information shows that in all cases, the investigation of this category of criminal offenses has changed its mind a special inspection. In 27% of cases, it lasted quite a long time (up to 30 days or more) (Rossinskaya, 2015).

1) the activity of the subject of a criminal offense - a fraudster who commits theft by deleting, blocking, modifying computer information or other interference in the operation of storage, processing, or transmission of computer information or information and telecommunications networks (fraud or abuse) trust, as a rule, is characteristic at the stage of preparation for a crime) in cyberspace; 2) a set of actions, deeds of the victim of fraud with financial resources, committed in the field of computer information; 3) a set of actions, deeds of persons who were indirectly related to the criminal event; 4) elements of the situation used by the participants in the criminal event, including the subject of the criminal encroachment.

The information model of the mechanism of a criminal offense, created based on the analysis of the practice of investigation of this type of criminal offenses and scientific provisions, allows equipping the investigator with complex system knowledge that promotes optimization of all investigation process. In the process of investigating fraud with financial resources in the field of computer information, the investigator uses a typical model of criminal offense and, using such techniques of logical thinking as comparison and analogy, compares the information with the model, filling in the missing links due to the derived relationships between criminal the activities of the subject, the set of actions, deeds of the victim and persons who were indirectly related to the event of the criminal offense, as well as individual elements of the situation used by the participants in the criminal event.

Features of the opening of criminal proceedings on fraud with financial resources in the field of computer information and the initial stage of the investigation A comprehensive model for investigating cybercrime is important (Ciardhuáin, 2004).

Investigation of criminal offenses is a complex social activity that includes three subsystems: collection (receipt), examination of evidence and

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Analysis of the materials of criminal proceedings on fraud with financial resources in the field of computer information shows that upon receipt of data on the committed criminal offense, a preliminary inspection by law enforcement agencies was conducted in all cases. From our point of view, this is due to several objective reasons. First, the signs of fraud with financial resources in the field of computer information (objective and subjective), as a rule, are not pronounced. Their detection requires certain, sometimes quite complex and consistent procedural and other actions (EMA de Ucrania, 2016).

Secondly, as noted earlier, the legislator went the way of maintaining the preliminary inspection in criminal proceedings. At the same time, to provide evidence of forensically significant information that indicates a criminal offense, significantly expanded the possibility of using various procedural and non-procedural means.

The opening of criminal proceedings on the fact of fraud with financial resources in the field of computer information determines the procedure for carrying out actions (preliminary verification) aimed at identifying the circumstances of the act.

We can say that the situation at the time of receiving information about the event (let's call it investigative), significantly affects the entire process of the investigator’s activities due to the sources and nature of the information obtained (EMA de Ucrania, 2016).

In addition, the choice of means of preliminary verification is influenced by the situation that develops at the time of receipt by the investigator

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of information about fraud with financial resources in the field of computer information.

As the analysis of investigative and judicial practice shows, during this period there are two types (verification) situations.

1.

2.

Criminals continue to commit illegal acts, and there is a strong link between them and the person against whom the computer fraud is committed with financial resources (20% of cases studied).

The criminal offense is over and the connection between the person against whom it was committed and the fraudsters is absent (80% of cases studied).

In all cases, the investigator must document the nature and features of the activities of a legal entity that has suffered from fraud, as well as its legal status, features of protection of objects, access regime. Based on the results of the study of documents, security representatives and support staff should be interviewed, who could see outsiders who participated in the preparation and implementation of fraud with financial resources. In the presence of bandwidth or video recordings, during the study of the content of documents or video may be found constituent data of persons or their appearance in case of their penetration into the organization in preparation for fraud (repair of computer equipment, repair of electricity, etc. .).

When carrying out verification actions, it is necessary to take into account that the evidence obtained during it should be fully used in the course of further investigation, as it is impossible to obtain some of them in other ways in the future. This should be taken into account when conducting an investigation in criminal proceedings for fraud with financial resources in the field of computer information. In all cases, the results of the preliminary inspection affect the formation of investigative situations of the initial stage of the investigation of fraud in the field of computer information and the mechanism for resolving them (EMA de Ucrania, 2016).

The result of the inspection and determining the moment of its completion is the presence of the investigator's belief that the data obtained is sufficient to open a criminal investigation into fraud in the field of computer information. Given the specificity of a criminal offense, such data should indicate not only the impact on computer information but also the theft of specific financial resources. Only in this case can criminal proceedings be opened on the fact of committing fraud with financial resources. In all other cases,

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criminal proceedings must be instituted under other articles or a decision shall be made to refuse to institute criminal proceedings. The whole list of procedural and non-procedural actions listed above is aimed at obtaining data, which, ultimately, will be the basis for initiating criminal proceedings.

Tactical features of individual investigative actions at the initial stage of investigation of fraud with financial resources in cyberspace Investigative actions are the cognitive tools of the investigator and universal means of obtaining evidence. Their production is due to the need to obtain criminally relevant information, which is important for establishing the circumstances of the investigated criminal event that constitute the subject (Uplan, 2017).

The structure and content of each investigative action, aimed at directly obtaining objective and complete information about the investigated event, and the whole system of investigative actions, in general, are not only formed on scientifically verified positions, but also aim to use the investigator in their work and scientific and technical tactical means, and the achievement of advanced scientific thought.

The process of investigating fraud with financial resources in the field of computer information requires the production of a significant number of legally regulated, investigative, and other procedural actions, and the tactics of their production directly depend on the specifics of the mechanism of a criminal offense.

Based on the authors’ analysis of investigative and judicial practice, the following investigative and other procedural actions are most often carried out:  



inspection of the scene, an inspection of objects and documents (100% of criminal proceedings); interrogation of persons whose procedural status has been determined (100% of criminal proceedings). In most cases, this is the interrogation of victims and witnesses, and when identifying persons who have committed a criminal offense, it is the interrogation of suspects and accused. It should be noted here that the interrogation of these persons during their establishment may be carried out after a considerable period; appointment and production of forensic examinations (100% of criminal

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148 proceedings). In 100% of cases, a computer examination was ordered; in 60% ktyloscopic examination; in 55% of cases forensic examination of documents; 25% trasological examination; in 10% psychological examination; in 5% of cases others).

When conducting investigative actions, the presence of forensic information that was obtained during the preliminary inspection at the stage of opening criminal proceedings should be positively assessed. As noted earlier, during such an investigation, the investigator receives up to 40% of the evidentiary information. At the initial stage of the investigation, this affects the creation of a favorable investigative situation, as well as the process of further investigation. (Uplan, 2017).

Tactical and forensic support for the production of investigative actions in the investigation of fraud with financial resources is associated with the peculiarities of the mechanism of committing this criminally illegal act. Particular attention in the investigation of fraud with financial resources in cyberspace should be paid to such an investigative action as a survey of the scene. The specifics of this investigative action should also be taken into account when investigating fraud with financial resources in cyberspace.

Site inspection, as well as search, seizure, investigative experiments belong to the group of non-verbal investigative actions. They allow to form in the mind of the cognizer, the investigator an imaginary image of material objects based on sensory (visual), which is not expressed in verbal (conditional-signal) form. These actions are related to the personal perception of the persons conducting the investigation, the circumstances of the objective reality preserved in the trace.

This is a different way of cognition, compared to verbal investigative actions, which has its pros and cons. But each of these methods is of great importance for establishing all the circumstances that are part of the subject of criminal procedure knowledge (Karchevskaya, 2017).

  

traditional traces of the presence of a particular person at the scene; features of access, organization, operation, and devices of different types of networks, through which the fraud was committed; recording and video recording devices available on the territory of the institution or the territory adjacent to the crime scene.

Especially important for this category of criminal proceedings are the analysis of the previous activities of the suspect (labor and training), the appointment of forensic psychological and forensic psychiatric examinations and taking into account their findings, direct observation. The result of the analysis of various information about the interrogated during the preparation for interrogation should be the establishment by the investigator of the level of knowledge and information about computer technology possessed by the offender, what the crime was related to, whether the interrogated person could commit this crime or not. (Dovzhenko, 2019).

It should be noted that quite rarely (no more than 3% of cases) when individual criminals contributed to the investigation, investigative experiments were conducted to establish the principle of malware development, which were used to commit computer fraud with financial resources in cyberspace. In these cases, the presence of a specialist in the field of computer hardware and technology is required. In addition, the results of the production of such an investigative experiment are necessary to conduct a computer-technical examination (Uplan, 2017).

Thus, the production of investigative and other procedural actions in criminal proceedings on fraud with financial resources in cyberspace has certain features that are fully due to the mechanism of criminal activity, as well as the perpetrators. To achieve a positive result and the purpose of the investigative action, the investigator must carefully prepare, using a variety of tactics and the assistance of specialists.

Conclusions

During the inspection of the scene, the investigator establishes, investigates, and records the situation at the scene, traces of the crime, the offender, and other facts that allow in conjunction with other evidence to conclude the mechanism of the crime: 

computer traces, as well as their objects media (eg, computer or system unit, flash drives);

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Based on the above material, we can conclude that the current state of cybercrime poses great threats to society, and the number of cybercrimes is growing every year. Internet fraud with financial resources, in turn, poses a global threat to the economy of every country in the world.

Today, the effectiveness of combating Internet fraud and the level of cybersecurity in Ukraine is very low, and therefore we should not neglect

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such an important component as the Internet, as in advanced countries this area is a priority in domestic and foreign policy. But a comprehensive fight against this problem requires the joint efforts of the state, citizens, international cooperation, and relevant legislation. In addition, the sweetness of the investigation of fraud with financial resources in cyberspace is due to the manifestation of new methods and ways of committing the analyzed criminal offense and the lack of development of forensic techniques and tactics. Investigating financial fraud in cyberspace requires in-depth specific knowledge from the subjects of the investigation, which, unfortunately, cannot be obtained by them for various reasons. For example, the obsolescence of scientific and practical training and technology. All of the above, in turn, complicates the prevention and counteraction of illegal actions, and this allows them to exist for such a long period.

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Criminal law and criminological classification and qualification of cybercrimes. Moscow: Jurist.

Ciardhuáin, S.Ó. (2004). An Extended Model of Cybercrime Investigations. International Journal of Digital Evidence, 3(1). Recovered from: https://www.utica.edu/academic/institutes/ecii/p ublications/articles/A0B70121-FD6C-3DBA0EA5C3E93CC575FA.pdf Council of Europe (2001) Convention on Cybercrime on 23. XI. 2001 No 185. Recovered from: https://rm.coe.int/1680081561

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Dovzhenko, O. Yu. (2019). On the question of tactics of interrogations in cases of cyber crimes.

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Kyiv: Riv pres.

Dumchikov, M., Kononenko, N., Batsenko, L., Halenin, R., & Hlushchenko, N. (2020). Issues of regulating cryptocurrency and control over its turnover: international experience. Amazonia Investiga, 9(31), 10-20. https://doi.org/10.34069/AI/2020.31.07.1 EMA de Ucrania (2016). Safe Card: the first results were summed up at the Forum of Security of Settlements and Credits Source Recovered from: https://www.ema.com.ua/news/pervyeitogi-podvedeny-na-forume-bezopasnostiraschetov-i-kreditov/ Furnell, S. (2002). Cyber Crime: Vandalizing the Information Society. London: Addison Wesley.

Uplan (2017) How are cybercrimes investigated in Ukraine?

Recovered from: https://uplan.org.ua/analytics/iak-v-ukrainirozsliduiut-kiberzlochyny/ Ilyushin, D.A. (2007). Peculiarities of initiating criminal cases on crimes committed in the sphere of providing Internet services. Visnyk of SamSU, № 1(51), 9-16.

Recovered from https://cyberleninka.ru/article/n/osobennostivozbuzhdeniya-ugolovnyh-del-oprestupleniyah-sovershaemyh-v-sferepredostavleniya-uslug-internet/viewer Karchevskaya, Yu. S. (2017). Carding as the most popular type of cyber crime of minors in the republic of Belarus. Theoretical and applied issues of combating crimes committed with the use of information technology, № 2, 17-20.

Recovered from http://www.institutemvd.by/components/com_c hronoforms5/ chronoforms/uploads/20180103154844_Karche vskaja.pdf Kurmaiev, P., Seliverstova, L., Bondarenko, O., & Husarevych, N. (2020). Cyber insurance: the current situation and prospects of development.

Amazonia Investiga, 9(28), 65-73. https://doi.org/10.34069/AI/2020.28.04.8 McGuire, M., and S. Dowling (2013).

Cybercrime: A Review of the Evidence. Home Office.

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150 Nguyen, T.V. (2020). Cybercrime in Vietnam: An Analysis based on Routine Activity Theory.

International Journal of Cyber Criminology, 14(1), 156-173. http://dx.doi.org/10.5281/zenodo.3747516 Nomokonov, V.A., & Tropina, T.L. (2013).

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DOI: https://doi.org/10.34069/AI/2021.41.05.15

Cultural and aesthetic development of elementary school students in environmental education as a current pedagogical problem КУЛЬТУРНО-ЭСТЕТИЧЕСКОЕ РАЗВИТИЕ МЛАДШИХ ШКОЛЬНИКОВ В ЭКОЛОГИЧЕСКОМ ОБРАЗОВАНИИ КАК АКТУАЛЬНАЯ ПЕДАГОГИЧЕСКАЯ ПРОБЛЕМА Received: March 15, 2021

Accepted: April 28, 2021

Written by: Irina Aryabkina52 https://orcid.org/0000-0002-8765-2153 Tatiana Kudashova53 https://orcid.org/0000-0002-0645-8704 Alexander Bulynin54 https://orcid.org/0000-0001-6107-2997 Fatima Aliphanova55 https://orcid.org/0000-0002-1944-4512 Elena Silantyeva56 https://orcid.org/0000-0003-3589-0579

Abstract

Аннотация

The purpose of the article is to analyze such a problem of pedagogical science at the present stage as the cultural and aesthetic development of primary school children in environmental education. The article reveals the essential and content characteristics of the concepts "cultural development", "aesthetic culture"," environmental education"," ecological culture","cultural and aesthetic development of primary school children in environmental education". The cultural and aesthetic development of primary school children in environmental education is considered as a way of forming a harmonious, integral, truly intelligent, civilized and spiritual personality.

The article presents the materials, methods, pedagogical conditions, the results of an experiment to determine the level of cultural and aesthetic development of primary school children in environmental education through familiarity with the natural world, as well as the tasks facing the modern primary school to form the cultural and aesthetic development of primary school children in environmental education.

Целью статьи является анализ такой проблемы педагогической науки на современном этапе, как культурно-эстетическое развитие младших школьников в экологическом образовании. Раскрываются сущностно-содержательные характеристики понятий «культурное развитие», «эстетическая культура», «экологическое образование», «экологическая культура», «культурно-эстетическое развитие младших школьников в экологическом образовании». Культурно-эстетическое развитие младших школьников в экологическом образовании рассматривается как способ формирования гармоничной, целостной, подлинно интеллигентной, цивилизованной и духовной личности. В статье представлены материалы, методы, педагогические условия, результаты эксперимента по определению уровня культурно-эстетического развития младших школьников в экологическом образовании через знакомство с миром природы, а также задачи, стоящие перед современной начальной школой по культурно-эстетическому развитию младших школьников в экологическом образовании.

52

Doctor of pedagogical sciences, professor of the Ulyanovsk State University of Education, Russian Federation.

Psychologist, Zaokskaya school for high-demand students, Russian Federation.

54 Doctor of pedagogical sciences, professor of the Ulyanovsk State University, Russian Federation.

55 Doctor of pedagogical sciences, professor of the Chechen State University, Russian Federation.

56 PhD in Art, Associate professor of the Ulyanovsk State University, Russian Federation.

53

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Aryabkina, I., Kudashova, T., Bulynin, A., Aliphanova, F., Silantyeva, E. / Volume 10 - Issue 41: 151-159 / May, 2021

aesthetic students,

Ключевые слова: культурно-эстетическое развитие, младшие школьники, экологическое образование.

The XXI century is characterized by a high level of scientific and technological progress. The interaction of man and nature, society and its environment in the context of the rapid growth of industry has reached critical proportions. There is a threat to the very existence of humanity, as there is a continuous depletion of natural resources and dangerous pollution of the environment for the life of living beings. The most serious economic, political, and social problems turned out to be related to the problems of climate evolution, the problems of biosphere stability, the study of raw materials, and so on.

behavior towards the environment. Humanity is aware of the need to form a new mentality associated with the views on the environmentally safe and sustainable development of society.

Public environmental awareness should ensure the normal functioning of all mechanisms of social control. Society should consciously give priority to the issues of maintaining a favorable state of the environment, as well as to the issues of environmental education of the younger generation (Sharonova, 2005).

Palabras clave: cultural and development, elementary school environmental education.

Introduction

Scientist N. N. Nikitina asserts that our postindustrial society, the main reference point of which is the maximum consumption of material goods and the use of the surrounding world for their greatest satisfaction, gave rise to the "cybernetic man" (Nikitina, 2008). E. Fromm touches upon a "cybernetic person" is, on the one hand, a highly intelligent, technically educated person, but on the other hand, not capable of truly human relations and spiritually alienated from the surrounding world (Fromm, 1990). Since it is not typical for a "cybernetic person" to feel responsible for the state of the environment, the consequences of this phenomenon can be seen both in the system of social relations and in the environmental crisis.

Researcher N. V. Blagoveshchenskaya’s opinion of " the "conquest of nature" led to environmental illiteracy and technocracy." The scientist believes that this is why the society has an acute problem of forming ecological thinking, without which it is impossible to revive the greatness of our country (Blagoveshchenskaya, 2008).

At the end of the XX century, the change of value orientations led to changes in both cross-cultural and social relations. The desire of the world community to move to sustainable development, in connection with the current environmental situation, allows us to look at the greening of education in a new way.

According to Yu. A. Sharonova, the emergence of environmental problems is primarily due to socio-environmental factors. These problems should be solved not only by technical means, but also by reorienting people's values, attitudes and

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In recent decades, our society has come to understand that it is necessary to make changes in the state policy in the field of education, rethinking the philosophy and concept of Russian education at all levels. According to such documents of international and national significance as the "National Strategy for Environmental Education in the Russian Federation", “Fundamentals of the state policy in the field of environmental development of Russia for the period up to 2030” (Decree No. N 176, 2017) and others, environmental education has been identified as a priority area of general education. In this regard, there is an urgency of the problems of environmental education, the main goal of which is the formation of the ecological worldview of the individual. This is largely facilitated by the integration of environmental and aesthetic aspects of human development in a value context, which is embodied in environmental and aesthetic education.

Due to the fact that today the priority direction of modern education is the mental development of students, the cultural and aesthetic development of the younger generation is given very little attention. This leads to problems of interpersonal interaction, loss of spiritual orientation, and dynamics of antisocial behavior of the younger generation. At the same time, it is obvious that aesthetic education, due to the huge emotional impact on the spiritual world of a growing person, has a huge impact on his sensory sphere, allows him to see the surrounding reality "from a different angle", fully feeling its eternal value.

Therefore, the issue of cultural and aesthetic development of a person who has a biosphere worldview, a protective attitude to the environment, is an urgent problem today. The

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analysis of the scientific literature has shown that this problem is not sufficiently developed in modern pedagogical science.

The actualization of the problem of studying the cultural and aesthetic development of elementary school students in environmental education is an urgent problem of modern education.

Theoretical framework To develop a meaningful characteristic of the concept of "cultural and aesthetic development of an elementary school students in environmental education ", it is necessary to consider the definitions of "cultural development", "aesthetic culture", "environmental education " and "environmental culture".

Cultural development Various scientific studies by Russian scientists on the development of personality "revealed a common trend emerging gap between education and culture, which resulted in the collapse of a true culture, and its gradual isolation from the school, reducing the classical artistic heritage in school curricula, in secrecy and elitism of the processes of initiation to art, traditional old contents and methods of aesthetic education and enlightenment of the people" (Shkolyar, 2007).

According to the "Fundamentals of the State Cultural Policy" (Decree No. 808, 2014), the culture was elevated to the rank of national priorities and is recognized as one of the major growth factors of the quality of life and harmonization of public relations, the guarantor of a common cultural space and territorial integrity of our country. The main goals of modern state policy are the formation of a harmoniously developed personality and the strengthening of the unity of Russian society through priority cultural development (Decree No. 808, 2014).

At a joint meeting of the State Council and the Presidential Council for Culture and the Arts, dedicated to the implementation of the state cultural policy, Russian President Vladimir Putin emphasized the particular importance of developing a strategy for state cultural policy. He also stressed the importance of high-quality legislative support for the tasks of the policy in the field of culture.

In accordance with the National Doctrine of Education in the Russian Federation, the strategy of modernization, the processes of humanization and humanitarization, strengthening the general

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cultural content of education, focused on the acceptance and awareness of cultural experience, are currently becoming relevant (Slobodchikov, 2018).

There are many definitions of the concept of "culture". The pedagogical encyclopedic dictionary gives the following definition: "culture (from the Latin cultura – cultivation, upbringing, education, development, veneration), a historically defined level of development of society, creative forces and human abilities, expressed in the types and forms of organization of people's lives and activities, in their relationships, as well as in the material and spiritual values created by them..." (Bim-Bad, 2002).

I. V. Aryabkina, "the interaction of man and culture exists and manifests itself as a dialectical unity of the source and result of their existence, in which both phenomena are mutually generating each other and do not exist without each other" (Aryabkina, 2010).

The external criterion for the cultural development of a society is culture in its broadest sense. The level of scientific, moral, artistic and aesthetic development is an indicator of the cultural development of both society and the individual.

According to A. Ya. Flier, "cultural development" is what allows a person to understand and use the knowledge that has entered into everyday life, which constitute in this society the norm of "general social erudition" (laws, customs, prohibitions, rules of etiquette, etc.), ideological foundations, generally accepted symbols, value orientations, etc. (Flier, 2004).

With the ability to take responsibility; the ability to resolve conflict situations, avoiding violence; competencies related to life in a multicultural society, which includes respect for the traditions and beliefs of different peoples (Oleshkov & Uvarov, 2006).

Aesthetic culture The analysis of philosophical and historical works shows that the idea of forming an aesthetic culture of the individual has its roots in the depths of centuries, although the very concept of "aesthetic" originates only in the XVIII century.

It is known that the core of culture is art. Through art, the cultural situation is captured. Works of art reflect the facts of the previous culture in new senses, while maintaining their semantic core

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154 (Spiridonova, 2018). Researcher I. V. Aryabkina poits out the communication of a person with art, his independent creative activity in the formation of his cultural level is of great importance for the cultural development of the individual. The aesthetic content of centuries-old classical elite works of art has such an educational value, the impact of which only increases over the years.

Art is capable of solving the problems of the human spirit (Aryabkina, 2010). The cultural and aesthetic demands of a society are an indicator of the ability of a given society to transform.

Culture does not stand still, it is always in development. Therefore, there is a constant birth of new aesthetic objects that determine the development of cultural and aesthetic values, and they, in turn, are concretized in the goals of activity, life attitudes of a person.

The aesthetic culture of the individual has a deep essential certainty associated with the processes of aesthetic development of the individual.

According to the V. A. Rasumniy, the essence of the aesthetic development of the individual is the purposeful and active formation and improvement of the system of aesthetic needs of the individual, the sphere of his spiritual life, which is generally called "aesthetic culture" (Rasumniy, 2000). Through aesthetic culture, a social position based on humanistic values is formed, and the emotional and communicative spheres of the younger generation are harmonized.

Ecological education and "environmental culture" For many centuries, the society was dominated by anthropocentrism, i.e., the utilitarianconsumer attitude to nature prevailed, which was perceived as a storeroom from which you can take, without giving anything in return.

Therefore, it is necessary to change the paradigms of public consciousness and valuable guidelines. Thus, initially it is necessary to abandon the opposition of the surrounding world and culture. Both nature and culture are in constant interaction with each other, playing a huge role in human life. Culture influences the changes that occur in nature, but it cannot exist without it, borrowing from it both resources and individual forms and patterns. Man himself has a dual nature: biological and social.

The ecological crisis has demonstrated the acute lack of ecological culture in modern society and the importance of serious transformations, such as new moral attitudes, the reassessment of values, the formation of ecological

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consciousness of the individual (a reasonable attitude to nature and to oneself).

At present, it has become obvious for pedagogical science that environmental education should become an obligatory element of modern education at all levels.

Environmental education is the process of training, education and development of a person in the field of his relationship with the environment. The goal of environmental education is most often called the formation of ecological culture (Mironov, 2019).

What does the definition of "ecological culture" include? I. N. Ponomareva declared that "ecological culture" is a measure, a way of implementing and developing natural-like relations of a person in the process of spiritual and material-activity development of the values of nature (Ponomareva, 1998). I. D. Zverev believes that ecological culture presupposes the presence of certain knowledge and beliefs, readiness for activity, as well as his practical actions, consistent with the requirement to take care of nature (Zverev, 2007). Russin scientist in the field of art pedagogy L. P. Pechko considers that ecological culture include: culture of cognitive activity of students in the development of the experience of humankind in relation to nature; culture of work emerging in the process of employment environmental activities; culture of spiritual communion with nature (Pechko, 2008).

Thus, under environmental culture we understand the high level of environmental knowledge and activities as a result of formation of ecological consciousness and human behavior, and purposeful interaction with nature.

The ideas of sustainable development involve the integration of their goals into educational programs for the formation of an ecological culture both for each individual and for society as a whole.

Undoubtedly, the formation of ecological culture contributes to the spiritual and moral education of the individual, the education of the younger generation of rationalism, moderation, integrity of world perception, self-control, the ability to see expressiveness in every natural object and phenomenon. It is also important that, in the process of taking care of nature, the attitude of a person to himself as one of the objects of the surrounding world also changes. Researcher Yu. S. Efimova reveals the formation of ecological

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culture also contributes to the social evolution of our society and the development of innovative technologies (Efimova, 2016).

The problem of forming an ecological culture among the younger generation is the most important task of modern education, which must be solved methodologically and practically.

In our time, the Russian educational system has begun to pay more and more attention to the environmental education of the younger generation. According to the Federal State Educational Standards of Elementary General Education adopted in the Russian Federation, at the stage of general education, the spiritual and moral development of students is carried out, aimed both at introducing younger students to the basic national values of Russian society, universal values, and at forming and expanding the experience of positive interaction with the surrounding world, educating the basics of ecological culture (Federal State Educational Standards of Elementary General Education, 2011).

The mission of the current stage of the development of the educational system should be the restructuring of the consciousness and behavior of the individual to the ecological lifestyle as positively correlating with the socioeconomic system of the society of sustainable development, in other words, the formation of the ecological culture of the individual and society as a whole. Сultural and aesthetic development of an elementary school students in environmental education Today, there is an opinion in scientific circles that the twenty-first century should become an era of true humanization of culture, which is impossible without its greening. Here a particularly important role is played by the cultural and aesthetic development of the individual in the ecological aspect, which, according to L. P. Pechko, requires "the development of the ability to understand and evaluate the natural world as the cradle of man, as an environment that is the origin and continuation of human society, as a world of life comparable in value to human life" (Pechko, 2008).

The humanization and humanitarization of education, which have an impact not only on improving the level of education of children, but also contribute to strengthening their health,

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depends on whether aesthetic ways of cognizing the surrounding reality take place in education, as A. F. Yafalyan thinks. The scientist writes that the aesthetic component in educational activities contributes to the formation of a holistic attitude to the world, the creation of an aesthetic image of the world, harmonizes the inner world of each child" (Yafalyan, 2007).

Based on the above, we can conclude that the content characteristic of the concept of "cultural and aesthetic development of an elementary school student in environmental education" is – the process and result of quantitative and qualitative changes in the personality, characterized by the formation of ecological and aesthetic knowledge, emotional and value attitude to aesthetic objects and phenomena of the surrounding reality as aesthetic and spiritual values, models of cultural and aesthetic interaction with the surrounding world.

Numerous studies prove that it is the elementary school age that is most susceptible to cultural and aesthetic development in environmental education. At this age stage, there is not only an active process of forming knowledge, experiences, assessments, but also the development of individual abilities and interests, including responsiveness and receptivity. The world of nature with its brightness and diversity affects the emotional and sensory sphere of younger schoolchildren and causes them an emotional response, an active interest in the world around them, a desire to bring them closer to themselves, to consider, to understand, to express their impressions and emotions through creative activity. It is proved that children at this age are characterized by a unique unity of knowledge and experiences, which allows the teacher to form the foundations of a responsible attitude to the world around them by aesthetic means. The knowledge about the world around us, acquired by children of elementary school age through works of art, creative activity, can later be transformed into strong beliefs.

We agree with L. P. Pechko that in elementary school it is necessary: "to develop a versatile aesthetic vision of nature and its understanding; to support associative mutual transfers of elements of artistic and aesthetic images of nature; to awaken and support a vivid sense of experiencing the beautiful and at the same time to understand the value of the original, expressive and "ordinary", to reflect the assessments, statements of scientists, writers, poets, artists about the aesthetic properties of nature; to activate the taste sensory-harmonic

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156 sense of the child; comparison of objectively reasoned and subjective assessment of natural phenomena; organization of creative (imaginary and real) actions with natural objects and materials by the teacher" (Pechko, 2008).

So, the cultural and aesthetic development of elementary school students is aimed at their ecodevelopment in cultural, aesthetic, spiritual, moral and intellectual terms. But this is possible when creating pedagogical conditions that can act as a characteristic of an integrated system that allows you to synthesize the possibilities of environmental and aesthetic education of younger students, implementing their principles and resources

Methodology The formation of cultural and aesthetic development of elementary school students in environmental education is based on the following principles: - integration (combines personal-oriented and reflexive-active aspects in pedagogical approaches, and natural-scientific and culturalaesthetic components of the studied objects and phenomena in the content of the educational material); - versatile interaction (including students in a variety of artistic and creative activities related to the surrounding world); - integrity (the artistic image of an ecological object created at each lesson is always included in the holistic picture of the world); - scientific (the artistic image created by the teacher should be based on the scientific picture of the world) (Benevolskaya, 2010).

Our research was based on the methods of theoretical analysis of the provisions of philosophical, historical, pedagogical, sociological, cultural science, as well as a set of well-founded and reliable information methods in research practice: retrospecific analysis of domestic and foreign experience of cultural and aesthetic development of the individual; theoretical methods (comparison, analogy, analysis, synthesis, abstraction, concretization, classification); traditional pedagogical methods (observation, questioning, testing), empirical methods, pedagogical formative experiment); methods of studying and generalizing modern pedagogical experience; methods of statistical data processing; methods of diagnostics and research of educational products, including diagnostic methods (a modified version of

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"Diagnostics of the formation of environmental knowledge" by T. A. Serebryakova (Serebryakova, 2011), "Verbal associative method of AESOP" by S. D. Deryabo and V. A. Yasvin (Deryabo, & Yasvin 1995), methods L. P. Pechko "Aesthetic portrait of nature" (Pechko, 2008) and the methodology for diagnosing the motivation of interaction with nature "Alternative" S. D. Deryabo and V. A. Yasvin (Deryabo, Yasvin 1995).

The experimental study was conducted in two stages (the 1st stage – the ascertaining, the 2nd stage – the control). At the first (ascertaining) stage, we conducted a primary diagnosis of the level of cultural and aesthetic development of students in the first classes. Also at this stage, the pedagogical conditions stated in the hypothesis for improving the effectiveness of cultural and aesthetic development of younger schoolchildren in the conditions of extracurricular activities of environmental content were tested, which will be indicated below.

At the second (control) stage of the experiment, we performed a multidimensional statistical procedure that collects data containing information about two samples, and then arranges the objects into a homogeneous group according to three criteria. Based on the cluster analysis, the criteria were combined into an integrative criterion. At this stage, we conducted a final diagnosis of the level of formation of the integrated criterion in the experimental group and the control group at the end of the experiment.

Results and discussion As a result of a retrospective analysis of the literature on the problem under study, we identified the following pedagogical conditions for the formation of cultural and aesthetic development of elementary school students in environmental education: - creating a friendly atmosphere in elementary school lessons that promotes the perception of environmental and aesthetic information provided by the teacher; - the study of environmental objects that contribute to the emotional involvement of students in the work process and the development of a non-consumer attitude to the natural world; - the creation of artistic images of environmental objects; - the diversity of the studied ecological objects (the largest number of natural and cultural phenomena);

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- taking into account the age characteristics of children of elementary school age in the context of the perception of environmental objects.

This experimental work was carried out on the basis of three schools in the Tula region (Russian Federation). In total, 210 elementary school students took part in the experimental work. Of these, 103 elementary school students made up the experimental group, 107 elementary school students – the control group. The studies conducted at the ascertaining stage of the experiment showed that the majority of elementary school students in the experimental and control groups have a low level of cultural and aesthetic development – 51 elementary school students (49.5%) in the experimental group and 52 people (48.6%) in the control group; the average level – 36 elementary school students (35%) in the experimental group and 39 people (36.4%) in the control group; a high level of cultural and aesthetic development is diagnosed in 16 elementary school students (15.5%) in the experimental group and also 16 elementary school students (15%) in the control group.

At this stage of the experimental work, we tested the pedagogical conditions for improving the effectiveness of the cultural and aesthetic development of elementary school students in the conditions of extracurricular activities of ecological content. The first pedagogical condition is the actualization of the aesthetic potential of extracurricular activities of ecological content. This pedagogical condition implies the creation of a special cultural and aesthetic educational environment. This includes introducing cultural and aesthetic elements into such a component of the educational process of elementary school as extracurricular activities, and helping each elementary school students to realize his creative potential, giving him the opportunity to feel the need to strive to achieve beauty and harmony. When implementing the above condition, we were based on the fact that in the context of education, the peculiarity of art is the concentration of creative experience, and this is the wealth of human civilization. The aesthetic attitude of those who create to the world around them is reflected in the works of art.

Realizing this pedagogical condition, we tried to form an understanding of the unity of all the diversity of the surrounding reality among primary school students.

The implementation of this pedagogical condition was carried out by us in various directions: the organization of cultural and

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aesthetic extracurricular activities of ecological content; visits to cultural institutions; aestheticization of the educational environment; active participation in cultural and aesthetic events at the school, district, regional and AllRussian levels. We tried to fill the content of the events with information that helps children to understand the relationship, mutual enrichment of various types of art, through the works of which the richness, diversity, expressiveness of objects and natural phenomena is reflected.

The key direction in our work was the organization of cultural and aesthetic extracurricular activities of ecological content.

To make classes on cultural and aesthetic development of elementary school students in the conditions of extracurricular activities of ecological content more interesting, diverse, and to increase their effectiveness, along with traditional ones, we used innovative forms, methods, and means of teaching and upbringing.

For the purpose of cultural and aesthetic development of elementary school students, we tried to connect the knowledge gained by children in the classroom with the creative aesthetically oriented work of students. An important role in the implementation of this pedagogical condition is played by the aestheticization of the educational environment.

With this approach to the problem of cultural and aesthetic development of elementary school students, students form a special view of the world around them and what is happening in it, open up the opportunity to better understand themselves, empathize with others, discover and develop their creative abilities, as well as improve their level of culture.

The second pedagogical condition necessary for the successful cultural and aesthetic development of elementary school students in the conditions of extracurricular activities of ecological content is the use of the unity of cultural, axiological, polychartistic, expressive (expressive), systemactivity with the system-forming role of the integrated approach. In the course of experimental work, we found that the combination of the key methodological foundations of all the above approaches allows younger students to master and apply in practice the mechanisms of cultural and aesthetic development.

The third pedagogical condition is the introduction into the educational process of elementary school students of the program of extracurricular activities of ecological content "Art inspired by nature" for elementary school

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158 students. The aim of the program was to develop elementary school students understanding of the cultural diversity of the surrounding world, the formation of environmentally consistent behavior. During the implementation of this program, it was necessary to solve the following tasks: on the basis of studying works of art, to acquaint elementary school students with the expressiveness of nature objects; to develop elementary school students expressive and aesthetic abilities in mastering nature and enriching their ecological and aesthetic consciousness and culture; to form the ability of elementary school students to evaluate their behavior and the behavior of other people in relation to the surrounding world from the position of following spiritual and moral values; to involve elementary school students in ecological and aesthetic activities as a way of applying the unity of cultural, axiological, polychartistic, expressive (expressive), systemactivity with the system-forming role of an integrated approach to cultural and aesthetic development.

When organizing extracurricular activities of ecological and aesthetic content, we took into account the fact that the cultural and aesthetic development of elementary school students is influenced by external factors: the attitude of the educational institution to the cultural and aesthetic development of elementary school students; complex pedagogical interaction; cultural and aesthetic competence of the teacher.

We found out that the pedagogical conditions developed and implemented by us in the course of the study affect the formation of the cultural and aesthetic development of elementary school students in environmental education according to the following criteria: cognitive-evaluative, emotional-value, and motivational-behavioral.

To identify the level of development of the cognitive assessment criterion, a modified version of the "Diagnosis of the formation of environmental knowledge" by T. A. Serebryakova (Serebryakova, 2011) was used.

Ranking the final results according to their levels of formation, we obtained the following dynamics: the high level of development of the cognitive evaluation criterion was 33% (delta +12.6%), the average 52.4% (delta +24.2), the low level 30% (delta – 14.9).

To identify the level of development of the emotional-value criterion, the "Verbal associative method of AESOP" was used by S. D. Deryabo and V. A. Yasvin (Deryabo, Yasvin

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1995) and the methodology L. P. Pechko "The Aesthetic portrait of nature" (Pechko, 2008).

Positive dynamics were observed at all levels.

The number of respondents with a high level of development of the emotional-value criterion was 22% (delta +21.3%), with an average level of development of 67% (delta +35%), a low level of 59.9% (delta –16.7%).

To identify the level of development of the motivational-behavioral criterion, we tested the methodology for diagnosing the motivation of interaction with nature "Alternative" S. D. Deryabo and V. A. Yasvin (Deryabo, & Yasvin 1995). The ranking of the final results of the experiment also showed positive results: a high level of development of the motivationalbehavioral criterion is observed in 37.9% (delta +11.7%) of elemtntary school students, an average level in 58.2% (delta +12.6%), a low level of 3.9% (delta –24.3%).

The reliability of the work efficiency in the framework of our study is confirmed by the correlation of samples by a qualitatively determined feature. Due to the fact that the study concerns the comparison of two samples by the frequency of occurrence of the effect of interest to us, we used the criterion of the angular transformation of R. Fischer-φ*.

The calculation results showed that φ* = 6.652.

The specified empirical value φ* is in the zone of significance.

Conclusion Thus, the analysis of the results obtained in the course of the study showed a positive trend in the formation all components of the cultural and aesthetic development of elementary school students in environmental education. It can be concluded that the formation of cultural and aesthetic development of elementary school students in environmental education contributes to the formation of a harmonious, holistic, truly intelligent, civilized and spiritual personality.

The philosophical and historical analysis of the problem under study shows that in order to achieve the effectiveness of the process of the formation cultural and aesthetic development of elementary school students in environmental education, the modern school faces the following tasks: 1) the development in elementary school students of aesthetic taste, the ability to artistic and creative activities related to the surrounding world;

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2) formation of ecological and aesthetic feelings, spiritual and moral qualities in elementary school students through sensory comprehension of the natural world; 3) involvement of elementary school students in artistic and creative activities of ecological content; 4) developing the need for elementary school students to acquire knowledge related to cultural and aesthetic development of elementary school students in environmental education.

It is also important to note that a teacher who is engaged in the formation of cultural and aesthetic development of younger schoolchildren in the conditions of extracurricular activities of environmental content must have not only environmental, but also art history knowledge and skills.

References Aryabkina, I.V. (2010). Formation of cultural and aesthetic competence of elementary school teachers on the basis of a personality-oriented approach: theoretical aspects: monograph.

Moscow: Flinta: The science.

Benevolskaya, N.A. (2010). Artistic activity as a means of ecological education of younger schoolchildren and adolescents (abstract of the dissertation of the Candidate of Pedagogical Sciences). Moscow City Pedagogical University, Moscow.

Bim-Bad, B.M, (2002).

Pedagogical encyclopedic dictionary. Moscow: Great Russian Encyclopedia.

Blagoveshchenskaya, N.V. (2008). Ecological education and spiritual and moral education as a condition for sustainable development of the Ulyanovsk region. Ulyanovsk Spiritual and moral education and ecological education: methodological recommendations, p. 23 – 28.

Ulyanovsk: UIPK PRO. Decree No. 808. Fundamentals of the State cultural policy, December 24, 2014. URL: https://base.garant.ru/70828330/#friends Decree No. 176. Fundamentals of the state policy in the field of environmental development of Russia for the period up to 2030, April 19, 2017 Deryabo, S.D., & Yasvin, V.A. (1995). Methods of diagnostics and correction of attitude to nature. Moscow: TSKFL RAO. Efimova, Yu. S. (2016). Philosophical aspects of environmental protection. Young scientist. 10, p.

410 – 412. Kazan: Young scientist.

Federal State Educational Standard of Elementary General Education: text with

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amendments and additions for 2011. (2011).

Standards of the Second Generation. Moscow: Prosveshchenie.

Flier, A.Ya. (2004). "Culture of the world" and cultural competence. Observatory of Culture, 2, p. 4 – 11.

Fromm, E. (1990). The spiritual essence of man.

The ability to do good and evil. Moskow: Philos.

Nauki, 8, p.88 – 95.

Mironov, A.V. (2019). Theory and technology of teaching the integrated course " The world around us". Moscow: Urait.

Nikitina, N.N. (2008). Spiritual and moral education: the essence and problems. Pedagogic of culture, 7. URL: https://pedagogikacultura.ru/7-2008-g/333-nikitina-7 Oleshkov, M.Yu, & Uvarov, V.M. (2006).

Modern educational process: basic concepts and terms. Moscow: Sputnik + Company Pechko, L.P. (2008). Expressiveness of the aesthetics of nature and the culture of personality. Ulyanovsk: UlSTU. Ponomareva, I.N. (1998). Regional aspects of environmental education in the schools of Russia. Moscow: Tobolsk, A Rational system of environmental education, p.15-17.

Rasumniy, V.A. (2000). The Drama of existence or discovery of meaning. Philosophical and pedagogical essays. Moscow: Pihta.

Serebryakova, T.A. (2011). Ecological education in preschool age. Moscow: Akademiya.

Sharonova, Yu. A. (2005). Ecological education of rural schoolchildren in the system of additional education of children. Ulyanovsk: UGSHA. Shkolyar, L.V. (2007). Art education in Russia: problems and prospects. Pedagogy of art as a new direction of humanitarian knowledge: materials of the International scientific session, May 29-31, p. 9-15. Moscow: IHO RAO. Slobodchikov, V.I. (2018). National Doctrine of Education of the Russian Federation: project.

Moscow: B.I. Spiridonova, A.A. (2018). Formation of cultural relationship younger students to the reality in extracurricular activities on the basis of multi-art approach (dis...kand. ped. Sciences). Ulyanovsk state university, Ulyanovsk.

Yafalyan, A.F. (2007). Creating an aesthetic space in the conditions of educational institutions. Holistic educational environment from kindergarten to University, 5, p. 12 – 18.

Ekaterinburg.

Zverev, I.D. (2007). Ecology in school education: A new aspect of education. Moscow: Eco.

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DOI: https://doi.org/10.34069/AI/2021.41.05.16

International experience of public-private partnership in agriculture Міжнародний досвід державно-приватного партнерства у сільському господарстві Received: May 5, 2021

Accepted: June 12, 2021

Written by: Tetiana Kolomoiets57 https://orcid.org/0000-0003-1101-8073 Natalia Galitsina58 https://orcid.org/0000-0001-5955-7485 Anna Sharaia59 https://orcid.org/0000-0001-7065-864X Viktoriia Kachuriner60 https://orcid.org/0000-0003-2553-5071 Olga Danylenko61 https://orcid.org/0000-0003-4389-406X Abstract

Анотація

Agriculture, as one of the most important sectors of the economy, needs constant improvement at the legislative level. Its importance lies in providing the population with provisions and obtaining raw materials for industry. States are trying to create a mechanism for regulating agricultural relations that would be in line with international principles and efficient. One such mechanism is the introduction of the institution of public-private partnership. The experience of foreign countries allows to maintain the state of legislative support at a high level and, accordingly, the effective implementation of its norms at a high level for the implementation of state social policy. The work aims to analyze the international experience of public-private partnerships in agriculture. During the research, the authors used such methods as a method of analysis of normative documents, comparative legal method, and formal-legal method. As a result of the study, the international experience of public-private partnership (in general) and in the field of agriculture (in particular) was examined. The historical stages of formation and improvement of this institute are studied. The advantages and disadvantages of public-private partnership and possible ways to improve it are studied.

Сільське господарство як одна з найважливіших галузей економіки країн потребує постійного вдосконалення на законодавчому рівні. Його важливість полягає в забезпеченні населення провізією і отримання сировини для промисловості. Держави намагаються створити такий механізм регулювання сільськогосподарських відносин, який відповідав би міжнародним принципам та був ефективним. Одним з таких механізмів є впровадження інституту державно-приватного партнерства. Досвід зарубіжних країн дозволяє підтримувати стан законодавчого забезпечення на високому рівні та відповідно ефективну реалізацію його норм на високому рівні задля реалізації державної соціальної політики. Метою роботи є аналіз міжнародного досвіду державно-приватного партнерства у сільському господарстві. Під час проведеного дослідження ви користувалися так методи, як: історичний, узагальнення, метод аналізу нормативних документів, порівняльноправовий метод, формально-юридичний метод. У результаті проведеного дослідження було проаналізовано міжнародний досвід державноприватного партнерства в цілому та у сфері сільського господарства зокрема. Вивчено

57

Doctor of Legal Science, Professor, Corresponding Member of the National Academy of Legal Sciences of Ukraine. Honored Lawyer of Ukraine, Dean of Law Faculty of Zaporizhzhia National University, Ukraine.

58 Doctor of Legal Science, Professor, Professor of the Department of Constitutional and Labour Law of Zaporizhzhia National University, Ukraine.

59 Doctor of Legal Science, Associate Professor, Associate Professor of the Department of Administrative and Business Law of Zaporizhzhia National University, Ukraine.

60 Ph.D., Associate Professor, Associate Professor of the Department of International Law and Comparative Law of International Humanitarian University, Ukraine.

61 Ph.D., Associate Professor of the Department of Civil Law of Yaroslav Mudryi National Law University, Ukraine.

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Keywords: public-private partnership, public and private partner, agriculture, international experience.

історичні етапи становлення та вдосконалення даного інституту. Досліджено переваги та недоліки державно-приватного партнерства та можливі шляхи його вдосконалення. Ключові слова: державно-приватне партнерство, державний та приватний партнер, сільське господарство, міжнародний досвід.

Introduction In modern conditions of economic development, states try to maintain it at a high level. The social orientation of democratic countries to create their functions forces them to create and implement effective measures. One such measure is a public-private partnership.

The interaction between the state and the private sector has become a driving force for the modernization of infrastructure in many countries in recent years. Such cooperation makes it possible to increase the level of investment attractiveness in certain regions, reduce risks during the implementation of infrastructure projects, and improve the level of quality of infrastructure services (Nagornyi, 2017).

Public-private partnership is a new phenomenon for Ukraine, but most countries around the world have been using this tool for a long time and proving its effectiveness. The mechanism of public-private partnership proved to be effective, given the combination of partners' resources, risk-sharing, and profit from project implementation.

Public-private partnership as a form of interaction between the state and the private sector for the implementation of socially significant projects appeared in the Middle Ages.

Gradually improving it, the states came to legislate the rules governing relations arising in the process of public-private partnership.

In the territory of Ukraine, there is a low level of implementation of public-private partnership projects due to a lack of experience and specialists in the field of public-private partnerships. However, some progress in the use of the public-private partnership mechanism in Ukraine can be seen in the concession, which is a form of its implementation. Thus, Ukraine received 3.7 billion hryvnias of investments.

Thanks to changes in the legislation on publicprivate partnerships and state support for investment projects, Ukraine has received tools to attract large investors, who are willing to

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invest more than 20 million euros in Ukrainian enterprises (Agropolit, 2020).

Given the above, it is necessary to examine the international experience of public-private partnership in the field of agriculture, to draw attention to the strengths and weaknesses of this issue, and to suggest tools that can drive progressive change in the field.

Theoretical Framework or Literature Review The following researchers studied the issue of public-private partnership, both in Ukraine and abroad: Varnavsky (2006), Lazar (2013), Pavlyuk, S., & Pavlyuk, K. (2010), Matyavina (2008), Vikhryan (2003), Oliynyk (2005), Kazakov (2008), Makarov (2009), Zakharina, Symonenko, & Saykevych (2018), Knir (2018), Kovaleva (2019), Baranenko (2011), Mygas (2017), and Nagornyi (2017), Pavlova, Polunina, Tkalych, Mankovskyi, & Zubair (2020).

Varnavsky (2006), Lazar (2013), Pavlyuk S., & Pavlyuk, K. (2010), and Makarov (2009), in their research, in terms of socio-economic problems, highlighted the concept of public-private partnership, its essence, and role in the development of the state. Thus, Pavlyuk S. and Pavlyuk M. believe that in a broad sense, the interpretation of the concept of public-private partnership includes constructive interaction of the state, private sector, civic institutions in economic, political, social, humanitarian, and other spheres of public activity.

Varnavsky (2006) and Lazar (2013) believe that the interaction of the state and the private sector is an institutional and organizational alliance between public authorities and businesses for the implementation of socially significant projects.

Additionally, it should be highlighted, that Kazakov (2008) draws attention to the complexity of defining public-private partnership since it includes many social relations. Furthermore, Makarov (2009) refers to public-private partnerships as the third sector of the economy.

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162 The historical development of public-private partnerships was studied by Vikhryan (2003) and Oliynyk (2005). In their works, the genesis of public-private partnership from medieval times to the end of the XX century was analyzed.

The international experience of cooperation between the state and the private sector was studied by Knir (2018), kovaleva (2019), and Mygas (2017).

Therefore, Knir (2018) devoted her work to current issues of public-private partnership as a necessary tool for implementing social projects.

The study considers the essence of the category of public-private partnership, reveals the features of its most common forms, in particular in the economy of Ukraine, which takes into account economic and political components, which form the process of formation and development of public-private partnership in the world and Ukraine.

What is more, it is worth mentioning, that Kovaleva (2019) considers the general characteristics of the model of public-private partnership in Canada. The general emphasis is on the bodies that ensure the effective operation and development of the public-private partnership program in Canada. The paper also identifies key success factors for Canada's public-private partnership.

Furthermore, Mygas (2017) studied the development of public-private partnerships in Great Britain. In particular, the author drew attention to the theoretical concepts of publicprivate partnership in the world, explored the history of relations between the state and the private sector, the forms of public-private partnership in the UK. Finally, theoretical and practical aspects of public-private partnership in the world and Ukraine were studied by the following scientists: Nagornyi (2017), Zakharina, Symomenko, & Saykevych (2018). Their works highlight the basic concepts of public-private partnership, highlight the main benefits that partners receive in the implementation of public-private partnership projects, analyze the relevant risk allocation.

Despite the large number of scientific papers that examine the issue of public-private partnership, such issues as the organizational structure of the institute of the public-private partnership remain unexplored; the possibility of creating a specialized body or organization that would have

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the authority to coordinate and monitor the implementation of public-private partnership projects; liability for violation of the terms of the public-private partnership agreement; international cooperation in the field of publicprivate partnership, etc.

Methodology The methodology determines what and how is studied using a theory that creates a system of elements, where the defining element is subordinate to all others that explain the origin, relationships, nature, and pattern of development of the object of study.

To reveal the research topic, the following methods were used: historical, generalization, method of analysis of normative documents, comparative legal method, formal-legal method, method of observation, and abstraction.

First of all, we should pay attention to the interest of using the historical method. The historical method was used in the study of the historical stages of development of the institution of public-private partnership, traced the patterns of its improvement in different countries.

The method of generalization helped to highlight the provisions on the essence of public-private partnership, the relations arising from it, to highlight the advantages and disadvantages of its use in practice. Also, by summarizing the international experience – public-private partnerships in agriculture, conclusions were drawn on the improvement of public-private partnerships in Ukraine.

Theoretical aspects of public-private partnership in Ukraine were studied by analyzing normative documents, in particular, the Law of Ukraine “On Public-Private Partnership” (Law No. 2404-VI, 2010) helped to highlight the general provisions of the mechanism of interaction between the state and the private sector for the implementation of socially significant projects, the procedure for its application, the choice of a private partner, etc.

Naturally, a special role in the study of this topic should be given to the comparative-legal method, which allowed to compare different models of public-private partnership, mechanisms for its provision.

It should be remarked, that with the help of the formal-legal method, the concept of publicprivate partnership is defined, the need to

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improve the legislation in the field of publicprivate partnership is substantiated.

public-private partnership projects that have been implemented in foreign countries.

Observation is a purposeful study of objects, which is mainly based on the data of the senses (sensations, perceptions, ideas). It was with his help that it became possible to formulate conclusions about the transfer of international experience of public-private partnership to the domestic level and identify its main advantages.

Results and Discussion

Additionally, the method of abstraction (which consists in the mental distraction from a number of properties and relations of the phenomenon under research, while highlighting the properties (primarily essential, general) of interest in a particular study) was useful in studying the general theoretical characteristics of publicprivate partnership on the example of foreign countries and, on this basis, the existing practice of public-private partnership in the field of agriculture is studied.

Using such a method as an experiment, ways to improve the institution of a public-private partnership at the national level were proposed, referring to international experience. Also by interpreting as one of the elements of this method the doctrinal concepts of public-private partnership, the mechanisms of its implementation were studied.

Finally, the system method during the research allowed to consistently create a presentation of the material as a whole, to structure examples of

Public-private partnership: experience in the agricultura

international

In current conditions, public-private partnership has been beneficial for successful socioeconomic development at the regional and state levels.

The developed countries of the world do not lose the opportunity to use an effective tool to achieve successful results in ensuring the social wellbeing of their citizens.

Knir (2018) divides the states into three groups according to the level of development of the public-private partnership. Thus, the first (highest) group of development includes Great Britain and Australia; the second (middle) – e.g. the United States, Japan; the third (lowest) – e.g.

Slovakia, India, Latvia, Czech Republic, Russia.

Ukraine also belongs to the latter.

Among the many areas of economic activity, agriculture plays an essential role in providing the population with food, obtaining raw materials for a number of industries, the application of state export policy.

Examples of public-private partnerships in agriculture in foreign countries can be seen in Table 1.

Table 1.

Public-private partnerships in agriculture in foreign countries. Data provided by Zakharina, Symomenko, & Saykevych (2018).

Scope of public-private partnership Construction, operation and management of irrigation projects Construction, maintenance and management of markets for the construction of fruits, vegetables and local agricultural products Processing of agricultural waste Squeezing sugar cane to generate electricity

Countries India, Peru, Morocco, Jordan, Brazil Philippines, Jordan Moldova Brazil, Fr. Mauritius

Ethiopia is a clear example of a public-private partnership to ensure the functioning of irrigation systems.

irrigation and increase crop yields in general, which, in turn, contributes to the development of the country's economy.

In 2006, the Ethiopian government, with the support of the World Bank, prepared an Irrigation Action Plan using a public-private partnership mechanism. This land irrigation strategy helps to attract investment, restore

The Ethiopia Public-Private Partnership for Irrigation Systems provided:

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1.

Preparation of tender documents and draft agreement on irrigation systems.

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164 2.

3.

4.

Signing of an agreement on the involvement of the French operator BRL Ingénierie for the operation and maintenance of the project.

Obtaining construction funding from the Ethiopian government.

Planning to increase the level of water supply for more than 6 thousand land holdings and cover maintenance costs.

A similar public-private partnership project exists in Brazil. According to him, the government has committed to allocate land and the necessary infrastructure, the private partner is responsible for the development of infrastructure to ensure full irrigation of the site, undertakes to transfer at least 25% of the land provided to farmers. Similarly, under the project, the private partner makes a profit by selling water and paying for capacity from the government (White, 2013).

In the Philippines, an example of a public-private partnership is a cold storage system agreement that involves a large number of customers, manufacturers, and distribution companies that can maintain a certain temperature range to ensure the storage of perishable products (natural agricultural products, seafood, frozen products, chemical and pharmaceutical products, etc.).

In addition to agriculture, public-private partnership agreements are successful in other sectors of the economy. Most public-private partnership projects in the EU were in the following areas (The Ministry of regional development, construction, housing and communal services, 2017):    

transport 31%; medicine 19%; education 13%; telecommunications 10%.

The above statistics indicate the prospects for the development of the public-private partnership market in Ukraine.

Attention should also be paid to the publicprivate partnership model in Canada.

Unlike a number of other countries, Canada has established the Public-Private Partnership Development Council of Canada (PPP Canada), which is a national, non-profit, collective organization with a wide range of representatives from both the public and private sectors. Its activities are aimed at promoting the idea of public-private partnership through research,

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scientific conferences, etc. The most important feature of the Canadian Public-Private Partnership Institute is the state's funding of draft agreements concluded on a public-private partnership basis and the consultation of private partners by PPP Canada specialists (Kovaleva, 2019).

Regarding the system of cooperation between the state and the private sector in the United States, we can distinguish the following features: 



the absence of a federal law that would establish common approaches to the implementation of public-private partnership projects; an organization responsible for the development of public-private partnerships in the United States - the National Council for Public-Private Partnerships (The National Council for Public-Private Partnerships). It promotes the introduction of a public-private partnership at all levels of government and creates conditions for cooperation between the public and private sectors in socially important areas (Baranenko, 2011).

The board has the following functions: 1) informative – the organization provides general information to promote publicprivate partnership, is responsible for information exchange between the state and the private sector in the practical implementation of public-private partnership; 2) educational – the creation of training, seminars on public-private partnership; 3) auxiliary – the council provides methodological support during the preparation and implementation of publicprivate partnership projects, analyzes the regulatory framework governing publicprivate partnerships; A large share of involvement of commercial firms to perform certain activities of municipal authorities (water supply, sewerage, garbage collection, school education, etc.). So from 65 basic kinds of activity of the municipal power in each settlement commercial firms are involved on the average for the performance of 23, which allows the local power to save from 20 to 50 percent of budgetary funds (Mygas, 2017).

Thus, given the above, it is possible to conclude about the effectiveness of the institution of public-private partnership for the state economy,

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which follows from the delegation of socially significant powers of the state to private partners, which is fixed in the contract. In addition, publicprivate partnerships are an effective tool in providing society with vital resources, such as road construction and repair, supply and storage of food for the population, assistance in agriculture (irrigation and drainage of land, etc.).

The example of Ethiopia, Brazil, and the Philippines shows effective work related to the implementation of public-private partnership projects in agriculture. The experience of Canada and the United States also creates prospects for the implementation of public-private partnership projects, as in these countries there is a PPP system, which is constantly improved by creating specialized bodies for public-private partnership and and holding qualified meetings on the development of public-private partnership as an institution in general and training in particular.

Public-private partnership as a mechanism for implementing public policy and interaction between the state and business The partnership between the state and the private sector began long before the formation of modern legal systems. The first mention of such cooperation can be seen in the form of a concession dating from the XII-XIII centuries.

Thanks to agreements between the state and entrepreneurs, cities were built, and new lands were arranged in France.

During the XVI-XVIII centuries, French monarchs gave permission for the construction of roads, bridges, canals, dams, street lighting, garbage collection, mail delivery, public transport, opera houses to entrepreneurs (Vihryan, 2003).

A similar system of cooperation also existed in the United Kingdom. In the second half of the XVIII century, a concession agreement was signed for the construction of the Oxford Canal (USAID, 2011).

Agreements in the framework of public-private partnership in their modern sense began to be concluded in the early XIX century. in European countries mainly in the field of urban and communal services, construction of railways and highways, etc.

In the United States, public-private partnerships date back to the 1950s. Thus, the first publicprivate partnership projects were aimed at

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financing educational programs and urban development (Matyavina, 2008).

On the territory of Ukraine, the embryos of public-private partnership appeared in the second half of the XIX – early XX centuries. Thus, during this period, based on the concession agreement, a centralized water supply system was built, city lighting was installed, and public transport was launched. In 1871, the Gas Lighting Society was registered, with which the City Duma signed a contract for the installation of street gas lanterns (Oliynyk, 2005).

With the development of states and their legislation, the concept of concession and the relations arising from it have been somewhat separated and detailed. Ukraine is no exception.

It should be noted that the division of law into private and public is a scientific abstraction, which allows to characterize in general terms the two main areas of legal regulation of public relations (Kharytonov, Kharytonova, Kolodin, & Tkalych, 2020).

Following paragraph 11 of Part 1 of Art. 1 of the Law of Ukraine "On Concession" (Law No. 155IX, 2019) concession is a form of public-private partnership, which provides the concessionaire to the concessionaire the right to create and / or construction (new construction, reconstruction, restoration, overhaul and technical reequipment), and / or management (use, operation, and maintenance) of the concession object, and / or provision of socially significant services in the manner and under the conditions specified in the concession agreement, and also provides for the transfer to the concessionaire of most of the operational risk, including demand risk and / or supply risk. In addition, this document details the procedures for initiating and deciding on a public-private partnership, including concessions, the concession tender procedure, the selection of a concessionaire (private partner), and many other relevant provisions. Оn July 1, 2010, the Law “On Public-Private Partnership” (Law No. 2404-VI, 2010) was adopted, which defines the organizational and legal principles of interaction of public partners with private partners and the basic principles of public-private partnership on a contractual basis.

Following Part 1 of Art. 1 of this Law, publicprivate partnership – cooperation between the state of Ukraine, territorial communities represented by the relevant state bodies that, under the Law of Ukraine "On Management of State Property" manage state property, local

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166 governments, the National Academy of Sciences of Ukraine, national branch academies of sciences (state partners) and legal entities, except for state and communal enterprises, institutions, organizations (private partners), which is carried out based on an agreement in the manner prescribed by this Law and other legislative acts and meets the characteristics of public-private partnership, defined by this Law. The main principles of public-private partnership in Ukraine in Article 3 of the Law. Besides, the Law also contains norms on the forms of implementation and objects of publicprivate partnership, on the procedure for making a decision on the application of public-private partnership, on the definition of a private partner, on state support, guarantees, and control.

There is no consensus among scholars on the definition of public-private partnership. Thus, Lazar and Varnavsky define the interaction of the state and the private sector as an institutional and organizational alliance for the implementation of national and international, large-scale, socially significant projects in a wide range - from the development of strategically important industries to public services (Varnavsky, 2006; Lazar, 2013). According to Pavlyuk, & Pavlyuk, (2010), public-private partnership is the cooperation of the state, private sector, civic institutions in political, economic, humanitarian, and other spheres of public activity to implement socially significant projects based on the priority of state interests, its political support, consolidation of resources of the parties, effective distribution of risks between them, equality and transparency of relations. Makarov believes that by combining elements of the private and public sectors of the economy, the public-private partnership can be considered a third sector of the economy.

Thus, we can conclude that public-private partnership is a rather broad concept and covers various forms of cooperation between the public and private sectors. And the first is the customer of certain works, and the second – their executor.

As noted by Kazakov (2008), one of the problems that arise during the intention to define public-private partnership is a fairly wide range of relations that could potentially fall under the scope of public-private partnership.

The multifaceted study of the public-private issue and the attention to it testify to its great potential. However, as practice shows, in Ukraine, the use of the mechanism of publicprivate partnership is at a fairly low level.

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According to the statistics of central and local executive bodies in Ukraine as of 2021 on the terms of PPP concluded 192 agreements, of which 39 agreements are completed (29 – concession agreements, 6 – agreements on joint activities, 4 – other agreements), 153 – not performed (118 – not implemented, 35 – terminated / expired) (Ministry of Economic Development and Trade of Ukraine, 2021).

Despite the "unpopularity" of public-private partnership in Ukraine, it is possible to determine its advantages, namely:     

providing the government with access to alternative private sources of capital; use by the state of financial, organizational, intellectual capabilities of a private partner to meet socially significant needs; optimal distribution of risks; the use of management technologies of the private sector improving the quality of services provided as a result of combining the resources of the private and public sectors.

However, the implementation of projects on the terms of public-private partnership has the following disadvantages:  



creation of financial liabilities for the long term; given the lack of sufficient experience in the implementation of projects on a publicprivate partnership, the lack of necessary high-level specialists; due to the length of the concluded agreements, it is impossible to take into account all possible risks that may arise during the implementation of the planned project.

Thus, given the above, we can conclude that the institution of public-private partnership in Ukraine at an early stage of development. Given the identified advantages and disadvantages, the need for further development of public-private relations requires borrowing international experience.

Conclusions As a result of the study, the following conclusions were made.

1.

Public-private partnership in the field of agriculture has advantages and disadvantages. The benefits are that the government has access to alternative private

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2.

3.

sources of capital, the state can use the financial, organizational, intellectual capabilities of the private partner to meet socially urgent needs, and the use of private sector management technologies allows more effective implementation of a number of public sector activities. However, the administration of projects in a public-private partnership has such disadvantages as the creation of financial obligations in the long run and the inability to take into account all possible risks that may arise during the implementation of the planned project.

Different models of public-private partnership in the field of agriculture are singled out. For example, in Canada, the Public-Private Partnership Council of Canada (PPP Canada) has been established, which is a national, non-profit collective organization with a wide range of representatives of both the public and private sectors, and the United States has established a development organization.

Public-Private Partnership in the United States – National Council for Public-Private Partnership.

Different countries have implemented models of public-private partnership in different ways (from the implementation of individual laws to the usual conclusion of agreements).

Given Ukraine's international experience, it is considered necessary to integrate positive provisions to increase the share of public funding of public-private partnership projects, initiate and develop a number of effective legislative changes, including the creation of a separate body to deal exclusively with public-private partnership.

Bibliographic references Agropolit (2020). Ukraine received 3.7 billion in investments from the concession. Recovered from https://agropolit.com/news/19156ukrayina-otrimala-37-mlrd-grn-investitsiy-vidkontsesiyi Baranenko, I.O. (2011). The role of publicprivate partnership in ensuring the sustainable development of the state. Modern regional policy: education, science, practice, 2, 6–8.

Kazakov, A.A. (2008).

Public-private partnership: conceptual framework. Problems in Russian legislation, 2, 413–415.

Kharytonov, E., Kharytonova, O., Kolodin, D., & Tkalych, M. (2020). The Covid-19 Pandemic and the Rights of the Individual in Terms of Private and Public Law. Ius Humani. Law Journal, 9(2),

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225-250.

Recovered from https://doi.org/10.31207/ih.v9i2.253 Knir, M.O. (2018). Public-private partnership: world experience and experience of Ukraine.

Scientific notes of the National University "Ostroh Academy". Series "Economics, 10 (38), 10–14.

Recovered from https://journals.oa.edu.ua/Economy/article/down load/2005/1802/3598 Kovaleva, E.I. (2019). Canadian model of public-private partnership.

General characteristics and application experience. New legal bulletin, 3(10), 15-19. Recovered from https://moluch.ru/th/9/archive/125/4185/ Law No. 155-IX, On the concession. Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, October 3, 2019.

Recovered from https://zakon.rada.gov.ua/laws/show/15520#Text Law No. 2404-VI, On public-private partnership.

Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, July 1, 2010. Recovered from https://zakon.rada.gov.ua/laws/show/240417#Text Lazar, Y. (2013). Investment mechanism of social responsibility development on the basis of public-private partnership. Socio-economic problems and the state, 2(9), 75-88. Recovered from http://sepd.tntu.edu.ua/images/stories/pdf/2013/ 13lyvdpp.pdf.

Makarov, I.M. (2009). Public-private partnership today and the modern economy: regulation and partnership. Russian entrepreneurship, 8(2), 22–28 Matyavina, M.V. (2008). Public-private partnership: foreign experience and opportunities for its use in Russia (doctoral thesis). Financial Academy under the Government of the Russian Federation, Moscow.

Recovered from https://www.dissercat.com/content/gosudarstven no-chastnoe-partnerstvo-zarubezhnyi-opyt-ivozmozhnosti-ego-ispolzovaniya-v-ross/read Ministry of Economic Development and Trade of Ukraine. (2021). Status of implementation of public-private partnership in Ukraine. Recovered from https://www.me.gov.ua/Documents/Detail?lang =uk-UA&id=9fc90c5e-2f7b-44b2-8bf11ffb7ee1be26&title=StanZdiisnenniaDppVUkra ini Mygas, I.I. (2017). Public-Private Partnerships in United Kingdom and its New Forms (doctoral thesis). Educational and Scientific Institute of International Economic Relations named after B.D. Gavrilishin, Ternopil. Recovered from http://dspace.wunu.edu.ua/bitstream/316497/23 136/1/%d0%9c%d0%b8%d0%b3%d0%b0%d1 %81%20%d0%86.%d0%86..pdf

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168 Nagornyi, E.O. (2017).

Public-private partnership as a mechanism of investment interaction between the state and business in Ukraine. Black Sea Economic Studies, 23, 186-190.

Recovered from https://ir.kneu.edu.ua/bitstream/handle/2010/329 89/bses_2017_23_37.pdf?sequence=1&isAllow ed=y Oliynyk, V. (2005). A man who "built an eternal monument to himself", but was safely forgotten by the people of Kiev: On the engineer Amand Egorovich Struve (1835-1898). Mirror of the week, 20, 2-3.

Pavlova, Y., Polunina, O., Tkalych, M., Mankovskyi, V., & Zubair, A. (2020).

International-legal standards of cooperation of Ukraine in the field of environmental (climate) problems. Amazonia Investiga, 9(25), 295-301. https://amazoniainvestiga.info/index.php/amazo nia/article/view/1069 Pavlyuk, K., & Pavlyuk, S. (2010). The essence and role of public-private partnership in the socio-economic development of the state.

Scientific works of Kirovograd National Technical University. Economic sciences, 17, 10-19.

Recovered from http://nbuv.gov.ua/UJRN/Npkntu_e_2010_17_4 The Ministry of regional development, construction, housing and communal services.

(2017). Public-private partnership as a mechanism for implementing a new regional

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policy: applications and practical aspects of preparation and implementation of investment projects. Kyiv: The Ministry of regional development, construction, housing and communal services.

Recovered from http://rdpa.regionet.org.ua/images/129/PPP_rep ort_U-LEAD_30_10_2017.pdf USAID. (2011). Preparation and implementation of public-private partnership projects: practical manual for local authorities and business. Kyiv: Moskalenko.

Recovered from https://enefcities.org.ua/upload/files/Publication s/PPP_report_USAID_2011_ua.pdf Varnavsky, V.G. (2006). State and business.

Moscow: IMEMO RAS. Vikhryan, A.P. (2003). Concession (historical excursion). Bulletin of the Ministry of Property of Russia, 1, 66–72.

White, N. (2013). Public-private partnership in agriculture: international experience and prospects in Ukraine. Kyiv: USAID. Recovered from http://ppp-ukraine.org/wpcontent/uploads/2014/01/Edward-White-PPPsin-Agriculture-for-Ukraine-UKR-1.pdf Zakharina, O., Symomenko, L., & Saykevych, M. (2018).

Public-private partnership as a mechanism for developing the infrastructure of the region.

Public administration: improvement and development, 2, 3-4.

Recovered from http://www.dy.nayka.com.ua/pdf/2_2018/32.pdf

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DOI: https://doi.org/10.34069/AI/2021.41.05.17

Green finance incentives: An empirical study of the Pakistan banking sector Incentivos a las finanzas verdes: un estudio empírico del sector bancario de Pakistán Received: May 4, 2021

Accepted: June 12, 2021

Written by: Fakhr E Alam Afridi62 https://orcid.org/0000-0001-9776-5074 Shahid Jan63 https://orcid.org/0000-0001-8518-7668 Bushra Ayaz64 https://orcid.org/0000-0002-8999-4165 Muhammad Irfan65 https://orcid.org/0000-0002-9821-3383 Abstract

Resumen

In 21 century the climate change has become an important issues for businesses as well as stockholders. Consequently, to reduce carbon emission financial institutions offer green financing to businesses to mitigate this issue.

However, the availability of green loan remains the important case. Therefore this research aims to know how this financing gap can be minimized. A panel design dataset was collected which consists of green financing data for the period 2009 to 2015 from 24 banks operating in Pakistan. We applied Two-stage Least Square Regression Analysis for data analysis. The results revealed that green loans are a less risky investments. Further, the findings also provides useful information to managers who look for grow their business loan and minimize default risk. This study contributes to the existing literature in green financing by filling the gap, particularly for developing countries through empirical evidence. The finding suggests that banks must invest more in green projects.

En el siglo XXI, el cambio climático se ha convertido en un tema importante para las empresas y los accionistas. En consecuencia, para reducir las emisiones de carbono, las instituciones financieras ofrecen financiamiento verde a las empresas para mitigar este problema. Sin embargo, la disponibilidad de préstamos verdes sigue siendo el caso importante.

Por tanto, esta investigación tiene como objetivo saber cómo se puede minimizar este déficit de financiación. Se recopiló un conjunto de datos de diseño de panel que consiste en datos de financiamiento verde para el período 2009 a 2015 de 24 bancos que operan en Pakistán. Se aplicó el análisis de regresión de mínimos cuadrados en dos etapas para el análisis de datos. Los resultados revelaron que los préstamos verdes son una inversión menos riesgosa. Además, los hallazgos también brindan información útil a los gerentes que buscan hacer crecer sus préstamos comerciales y minimizar el riesgo de incumplimiento. Este estudio contribuye a la literatura existente sobre financiamiento verde al llenar el vacío, particularmente para los países en desarrollo a través de evidencia empírica. El hallazgo sugiere que los bancos deben invertir más en proyectos verdes.

Keywords: green practices, sustainability, green banking, green environment, default risk.

Palabras clave: prácticas verdes, sostenibilidad, banca verde, medio ambiente verde, riesgo de incumplimiento.

62

Ph.D. Scholar, Islamia College Peshawar, Pakistan.

Associate Professor, Islamia College Peshawar, Pakistan.

64 Ph.D. Scholar, Islamia College Peshawar, Pakistan.

65 Ph.D. Scholar, Islamia College Peshawar, Pakistan.

63

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Afridi, F.E.A., Jan, S., Ayaz, B., Irfan, M. / Volume 10 - Issue 41: 169-176 / May, 2021

Introduction In developing countries, high population growth is generating an extraordinary rise in demand for urban development, energy, and agricultural infrastructure (Falcone & Sica, 2019). When fulfilling the growing demand the global environmental obligations will be a challenge.

These issues promote major constraints in turning the economy into a green growth economy (Raberto, Ozel, Ponta, Teglio, & Cincotti, 2019). Which shows the countless accountability of the stakeholders in the economy towards sustainability. Research shows construction activities are the major causes of resource depletion and environmental degradation all over the world (Aizawa & Yang, 2010). Pakistan has already seen the impact of extreme weather events damaging infrastructure, affecting health, decreasing productivity, and reducing wealth (Mumtaz & Smith, 2019). Such events can likely disrupt economic development, business activities, create resource shortages, damages the agricultural sector, and divert capital from technology and innovation to replacement and reconstruction in developing countries like Pakistan (Malik, Qasim, & Saeed, 2018). While from an economic perspective such uncertainty about the future may lead to less investment (Migliorelli & Dessertine, 2019).

This arise the need to better understand that environment-related issues are sources of financial risk having many negative impacts on macroeconomic conditions and the financial stability of the country (Falcone, 2020). The country is in needs to factor in all aspects and takes steps to mitigate these challenges. Recently the term ‘green finance’ towards a low-carbon economy is getting attention from stakeholders which is by promoting sustainable environmental projects to mitigate climate change risk (Raberto et al., 2019).

Pakistan is blessed with enormous reserves of natural resources. The economy is growing 5.7% consequently higher energy consumption demand for the growth (Mumtaz & Smith, 2019) the country has a strong potential to produce energy through biomass and agriculture waste.

Also, Pakistan can produce 2.3 million megawatts per annum in solar energy. Using their land and resources for cultivation Pakistan could also produce energy from biofuels.

Pakistan can produce molasses up to two million tons a year which is enough amount for ethanol fuels for the country transport sector. Further, by Jatropha cruces plants cultivation a large amount of biodiesel for automobiles could be produced.

Despite these resources, less production and

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exploration is mainly due to sufficient financing availability. Further, the energy crisis could be overcome by allocating biogas units at grid levels and in rural areas, and through biomass to energy production.

The banking sector is a key stakeholder in Pakistan's sustainable development goals achievement by providing green financing to industries at low-interest rates to mitigate environmental issues (Rehman, Ullah, et al., 2021). This way banks can attract environmentally conscious customers for hybrid car financing or green housing loans.

However, the banking sector also shares the primary responsibility towards greening by preserving it through green practices and green financing policies (Raberto et al., 2019). Banks play important role in promoting ecological infrastructure financing such as; clean water, waste treatment plants, energy projects, and biofertilizer plants depend on the mode of investment (Islam & Das, 2013). Further, by creating funds such as the “Climate Change Risk Fund” to assess environmental risks. This shows the greater importance of the bank primary social responsibility to motivate the concept of greening projects. Failure may lead to devastating impacts on the overall society (Dikau & Volz, 2018). However, green services or products relating investments to be made according to the best interest of all parties.

Moreover, there is no known study available particularly in the context of Pakistan. Therefore this study will provide a solid base for the upcoming research studies in the relevant area.

Conceptual framework The country long-term social and economic development depends on its ability to safeguard its natural resources while growing (Rehman, Ishaque, et al., 2021). A coordinated approach across policy areas is needed to the cross-cutting nature of the green environment demand (Weber & ElAlfy, 2019). The bank sector is important for environmental policies in two regards. The first aggregated environmental footprint is quite significant which shows a smaller environmental impact than large organizations (TaghizadehHesary & Yoshino, 2019). The greater flexibility to the adoption of changing market conditions enables them to develop new practices or services including green ones (Moore & Manring, 2009). Further, their flatter hierarchical structure and less formal style of communication offer a favorable new approach to green business

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practices. This make banks the opportunity to initiate more eco-friendly products and services.

This also helps in getting involved in new business opportunities and avail competitive advantage (Soundarrajan & Vivek, 2016). This suggests that businesses face different hurdles towards environmentally friendly practices adoption as compared to big organizations. Such as in case of internal barriers which include insufficient financial and human resources, time constraints, and less awareness about environmental negative impacts or going green benefits. This highlights the importance of government support in their business models and environmentally friendly practices.

According to, (Meena, 2013) banks provide investments to lending business for mainly three major reasons: First for environmental risk management; second to avail business

opportunities; and thirdly to gain reputation (Aizawa & Yang, 2010). However, green credit or loan refers to the green products or services offered by banks to the private sector or the public. Just like green financing if it is considered as an environmental problem solution then the bridge which connects the financial institutions with the green industries is term as green credit (Zhou, Tang, & Zhang, 2020). Figure 1 shows the CO2 emissions for the period 1960 to 2014 for Pakistan, Nepal, Afghanistan, India, and Sri Lanka which shows a direct relationship between the population and GHG emission. Pakistan ranked second while in the case of India per capita CO2 emissions increased to 1.76 from 1.0.

In general lack of awareness and procedural difficulties are among major factor inflate the risks of the environmental problems associated in the South Asian region countries.

1.8 1.6 1.4 1.2 1.0 0.8 0.6 0.4 0.2 0.0

Afghanistan

India

Sri Lanka

Nepal

Pakistan

Figure 1. CO2 Emissions in South Asia.

Green finance There is a lack of consensus concerning a single definition of green finance. However, (Arkhipova, 2017) argued that green financing refers to investments in sustainable environmental projects, and solid policies that aim to encourage the development of the sustainable green economy. (Falconer & Stadelmann, 2014) further added that green financing consists of; 1) financing of green policies for the public which motivate environmental projects and initiatives; 2) financing in environmentally friendly goods or services that minimize the damages to climate and environment; and 3) specifically deals with green investment. However, most of the available studies agree that green financing is related to sustainable green development projects which result in the betterment of the environment

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as well as society. This represents a broader term that includes all the financial investments aimed at environmental sustainability it includes borrowing also to encourage green projects.

These financial projects can be related to industrial pollution control, greenhouse gas emissions, or biodiversity protection (Dikau & Volz, 2021). Green financing in general a broader term which most studies available in the literature describe it as financing of sustainable environmentally friendly projects. However, to set boundaries in green financing and investments is the practical challenge relating.

Green loan play role of a bridge which connects financial institutions and environment-friendly industries (Weber & ElAlfy, 2019).

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172 Green bond issuance reached $100bn in 2019 which is the fastest sum ever reached in one year.

However, Asia-Pacific has been found lacking overall. Only 04 out of 35 banks across the region were able to meet half of the criteria for sustainability outlined (Falcone, 2020).

However, to address environmental issues and promote green development with the support of the World Bank the government launched 40 billion PKR to Green Development Programe (Mumtaz & Smith, 2019). This includes the Environment Endowment Fund (EEF) establishment which aims to promote environmental and sustainable living in the country through grant programs. According to WWF, Asia has in need of $5,000 bn of sustainable development investment between now and the year 2030 (Volz, 2018). However, without the private sector help, government cannot all this finance, but it is the first step towards green financing in Pakistan.

The State Bank Of Pakistan (SBP), in 2017 launched green banking guidelines a set of green initiatives for banks. These guidelines directed the bank to take initiative by setting up green banking offices. The Pakistan government to reduce carbon emission and directed banks to offer environmental protection green loans, to help in reducing emission and less energy conservation projects to restrain the loans in high emission industries. Since then there is an increase in environment-friendly and sustainable projects (Malik et al., 2018). However, in comparison with developed countries, the financial system and capital markets in developing countries are still underdeveloped.

SMEs generally in need and face financingrelated constraints in Pakistan, which is heavily related to the recent poor environmental performance (Volz, 2018).

In a World Bank survey for the period, 2006 to 2011 financial constraints and firm's environmental performance were examined, by controlling industrial sector, firm scale, and ownership. It was found that major financing obstacles in firms environmental performance (Georgeson, Maslin, & Poessinouw, 2017). The constraint related to loan facilities is more severe because of the high probability of poor environmental performance. However, for sustainable development, the economic growth and environmental protection balance is a crucial element (Migliorelli & Dessertine, 2019). This is because severe environmental pollution and fast economic development are both noticed in developing countries, particularly in Pakistan in recent decades. However, firms need funds to

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invest in green projects. How a firm's environmental performance in developing countries is affected by financing constraints is an emerging research phenomenon (Mumtaz & Smith, 2019). However, firms are naturally more interested in profits seeking even if their products result in environmental deterioration (Moore & Manring, 2009). In green finance, the Green Loan Policy is the driving force in Pakistan. The implementation of Pakistan Green Loan Policy can be used as an important reference for banks and other regulators. This study signifies three major parts; 1) because of the fewer green finance studies, 2) due to the significance of Pakistan loan policy. And 3) from bank perspective research. Further, this study will fill the existing gap in knowledge of the underlying research problem. Although there many empirical studies in the region available regarding sustainability performance, however, no known study is available in the context of Pakistan.

Hypothesis development This study framework is based on (Raberto et al., 2019)study which describes banks' engagement in green financing projects mainly aimed; to explore new business opportunities; compliance risk; loan risk management; and building a positive corporate reputation. According to Koch et al. (2014), the degree of participation in green financing involves banks' perspectives such as; liquidity & capital, securities and interest rate risks, and globalization and technology. This study investigates the decision maker’s commitment to green finance to their expected outcomes.

One of the ways to improve financial performance is to issue more loans, however, with no excessive leverage. Banks have historically developed many products to generate more profits such as; personal mortgage loans, loan cards, car financing, etc. Previous research shows that green financing increases new opportunities for business (Arkhipova, 2017).

However, it is difficult to assume that increase in green financing loans would have a large profitability impact as banks also generate and rely on other income sources (Rehman, Ullah, et al., 2021). Further low fraction of the total loans of a bank represents green loan only. Therefore it is essential to examine whether green financing growing rapidly and that expands faster than other product types.

As most previous studies suggest environmental issues consideration is primarily because of the

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concern of risk management (Migliorelli & Dessertine, 2019). Further, some researchers also find a correlation between loan risk and borrowers' sustainable performance (Falcone & Sica, 2019). Therefore this study tests whether more green loans exists and whether this will increase more default risk for the bank when considering more high emission, overcapacity financing projects. To achieve study objectives lead to the development of the following hypotheses: H1: Green financing is expanding loan that grows at a faster rate than other traditional loans.

H2: Large shares of green financing in loan portfolio reduce total loan risk.

H3: Large shares of loans in loan portfolio to high-emission industries increases loan risk.

Research method Survey design and data collection

This study used panel data set for quantitative analyses, which was built from scratch due to the lack of any available databases. Panel dataset consisted of repeated numbers of observations over a specified period. However, this also helps in analyzing how banks differ and develop green financing loan over the time. This study considered two criteria for the selected sample; 1) to be considered as “major banks”; 2) publically listed. There are 24 banks including commercial banks state-owned, policy banks, and city commercial banks in Pakistan (table 1).

The term used in this study major banks can be found frequently in a various official press releases by SBP, and other financial news reports. Publicly listed banks must disclose financial statement requirements as set by the Pakistan securities regulatory commission therefore also included in the dataset. The sample consisted of 01 policy banks, 03 state-owned commercial banks, 08 joint-stock, and 12 commercial banks operating in the rural areas.

Table 1.

Banks in sample.

Type Commercial banks joint-stock banks Government banks Policy banks

Numbers 31 10 03 02

Publicly listed 19 08 03 02

Banks in Dataset 12 08 03 01

Financial indicators

Results and discussion

According to the basic listing requirements of the Pakistan Securities and Exchange Commission, the stock issuers are liable to publically disclose their financial information in the form of statements on regular basis. These financial reports can be seen on official banks' websites as well as other data provider’s websites. Most of the sample financial data and indicators were available for the last 10 years. Data collected were only annually as green financing data were only available annually despite that mostly key financial data indicators were available quarterly (Mumtaz & Smith, 2019). The dataset builds on all 09 indicators on “support and credit loan” as well as 03 other optional indicators; CO2 emission (in tons), “Average power (kw-h) consumed; and green loan training per employee in a year. Reduction in greenhouse gas emission from few banks reported as green loan, green loans in number, and loans to high energy consumption all categorized as green finance benefits.

Descriptive statistics

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Table 2 reported descriptive statistics of the banks in the sample in terms of green loan growth and total loan growth differences (standard deviation, mean, kurtosis, skewness, and count).

The differences are calculated by the growth of total loans minus growth of green loan for the same year. The obtained statistics show green loan as expected grow at a faster rate than the total loan amount in the selected sample.

However, the actual difference between growth rates varies due to the high standard deviation values. Further broken down of data based on types of banks, the data suggests that city commercial banks and state-owned banks had more growth in green loan loans than other commercial banks (joint-stock). On the other hand city commercial banks have very low green loan loans till 2012, then quickly caught up. As per the SBP record, the total value of green financing is 1.3 million USD. While 24 major banks contributed 10% of their total loan. The finding shows that green financing balances have

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174 been growing for the last 5 years. Overall the 25% growth rate has been maintained from 2006 to 2010. The boost in the green loans has been

noticed in the year 2013 to 2015 increase by 29%.

Which is the fastest growth during the observed time.

Table 2.

Descriptive statistics.

Variable Loan quality Inefficiency NPL ratio ROA POGC Solvency Size Type of bank

Observations 151 151 151 151 151 151 151 151

Mean 0.0239427 0.4292731 0.0097327 0.010321 0.0342357 0.0583331 0.0524165 2.635

The Hausman test results (table 3) favor the random-effects model over the fixed effects model (P = 0.224). However, LM test values obtained suggest there is no enough evidence of difference across banks. Therefore OLS regression results are sufficient for the test. The result obtained from the OLS model suggests that the green loan increase growth rate will lead to an increased growth rate of the total loan portfolio. The overall result combing from descriptive statistics and OLS model demonstrated that green financing is expanding

SD 0.005936 0.1110364 0.0042845 0.0023224 0.0371159 0.0114341 0.0511425 1.266814

Min 0.011001 0.284463 0.001 0.0028 0.0001 0.022241 0.0007144 1

Max 0.045258 0.938463 0.0291 0.0156 0.2215 0.067589 0.1871266 5

product or services that increase total loan growth rate for banks. For the H2 test regression analysis results from both the random-effect model (model 1), and the two-stage least square model (model 2) shows a significant effect on the POGC (table 3). Which suggests that banks have a lower NPL ratio with larger POGC. Therefore H2 of the study is supported. This implies that larger share allocation of green financing in loan portfolio reduces banks' NPL ratio (Raberto et al., 2019).

Table 3.

Model Hausman Test Results.

Coefficients

(b) (B) 2sls RE POGC -.0752355 -0.0328794 Inefficiency -0.0124764 -0.0079633 ROA -1.040637 -0.0949626 Loan quality 0.4158093 0.3258913 Solvency 0.0745217 0.0516749 Size 0.0281542 0.0282386 b = consistent under Ho and Ha; B = inconsistent under Ha, efficient under H0; Test: H0: not systematic difference in coefficients chi2(6) = (b-B)'[(V_b-V_B)^(-1)](b-B)= 3.82 Prob>chi2 = 0.7008 Further, the Hausman test results provide endogeneity existence (table 3). The two-stage least square model (2sls) shows that a 1% increase in POGC will result in a 0.0007 % reduction in the bank NPL ratio at a significance level of 5%. To test Granger causality existence between NPL ration and POGC the NPL ration (dependent variable) in year t-1, t-2, and t-3 was measured by POGC (table 4). The Model 3, 4,

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(b-B) Difference -0.0541491 -0.0045132 -0.0910114 0.089918 0.0157359 0.0101651

Sqrt (diag(V_bV_B)) S.E. 0.027024 0.0005863 .

0.0377025 .

0.0036678

and 5 results indicated that there is no significance in the model result obtained. This implies that in the same year of issuance the green loan is unlikely to be the default. The 2sls model result efficiency confirms that green loan reduces the NPL ratio of the banks in the loan portfolio. Further, in model 2, the effects of ROA, size, loan equity, and bank types are aligned with the results expected (table 4).

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Table 4.

Test Results of Lagged Models (Test 2) t-1 (2sls) POGC POGCt-1 POGCt-2 POGCt-3 Bank type (IV) ROA Loan quality Solvency Size Inefficiency Constant Model significance R-sq Obs

t-2 (2sls) NPLR

POGC

t-3 (2sls) NPLR

POGC

NPLR

-0.040 -0.031 -0.034 0.013*** -0.677 1.730*** 0.370* -0.040 -0.052* -0.035 P=0.0000 0.4191 144

0.012*** -0.937*** 0.392*** 0.139*** 0.022* -0.013*** 0.008**

-0.235 1.270*** 0.469** -0.039 -0.036 -0.045 P=0.0000 0.3807 120

For the test of H3, the same statistical tests were applied as test 2 on the two-high and one-over” (POTO) proportion. No significance effect was observed of POTO on the NPL ratio. The result imply that “two-high and one-over” in 2 to 3 years high polluting industries are likely to default. However, the result of all models does not show enough evidence that fewer allocating loans to two-high and one-over” will result in less NPL ration of the bank. The results show that; green financing is growing at a faster rate than total loans; allocating more shares in the loan portfolio of green loans can result in less loan risk of the bank. However, this study fails to record any evidence that fewer shares of loans in the loan portfolio of high pollution industries can decrease the NPL ratio.

Conclusion In the past two decades to help tackle climate change the idea of putting a price on carbon dioxide emissions has been spreading around the globe (Migliorelli & Dessertine, 2019).

However, many countries found it difficult to level of carbon tax required to mitigate the impact of climate change (Falcone, 2020). For example, in Australia and France, efforts to increase carbon taxes were shelved after the resistance from the angry voters about energy prices increased (Falcone & Sica, 2019).

Similarly, Pakistan and other developing countries' capacity to reduce emissions is limited to funding and their unstable economic conditions (Malik et al., 2018). Green financing is a viable and ethically desirable area of growth for the stakeholders (Raberto et al., 2019). It acts

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0.011*** -0.832*** 0.358*** 0.158*** 0.014 -0.008** 0.004

-0.284 1.224*** 0.549** -0.023 -0.019 -0.056* P=0.0000

-1.025*** 0.284*** 0.193*** 0.014 -0.007* 0.006

0.3703 96 as a bridge by linking specific climate-friendly to funds raised by banks (Migliorelli & Dessertine, 2019). It has the revolutionize potential the way these financial institutions operate (Soundarrajan & Vivek, 2016). Green project investments are essential for the maintenance and creation of sustainable infrastructures which are environmentally friendly (Volz, 2018). Banks' promotion and support of sustainable product financing represent their commitment to environmental issues (Rehman, Ullah, et al., 2021). Green finance products particularly largescale infrastructure products offering huge potential competitive benefits to banks. People becoming increasingly conscious of and concern with their behaviours towards environmental impacts. This also has an opportunity for banks to deliver sustainable, eco-friendly projects by playing a key role in society's development (Campiglio et al., 2018).

Practical Implications and limitation The finding provides useful information to managers who look for grow their business loan and minimize default risk. Green financing offer opportunities for new businesses with lower risk.

Further, green loans are expanding products which issuance increases business growth and reduces default risk in the loan portfolio. This study signifies three major parts; 1) because of the fewer green finance studies, 2) due to the significance of Pakistan loan policy. And 3) from bank perspective research. However, one of the major limitations of this study is the data availability. The green financing data accuracy is the biggest challenge. This makes the study result

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176 based on the limited variables. In other words, it is the closest presentation, not a truly accurate reality presentation. This research used the banking sector of Pakistan as a case study. Thus the results may not be directly applicable to other sectors or markets. In future studies, it would be interesting to compare results when more green finance data are available. Further other region's case studies may be helpful and the result may be applicable than to other markets.

References Aizawa, M., & Yang, C. (2010). Green credit, green stimulus, green revolution? China’s mobilization of banks for environmental cleanup.

The Journal of Environment & Development, 19(2), 119-144.

Arkhipova, V. (2017). " Green Finance" as Recipe for Solving Global Problems. HSE economic journal, 21(2), 312-332.

Campiglio, E., Dafermos, Y., Monnin, P., RyanCollins, J., Schotten, G., & Tanaka, M. (2018).

Climate change challenges for central banks and financial regulators. Nature Climate Change, 8(6), 462-468.

Dikau, S., & Volz, U. (2018). Central banking, climate change and green finance. Asian Development Bank Institute.

Dikau, S., & Volz, U. (2021). Central bank mandates, sustainability objectives and the promotion of green finance. Ecological Economics, 184, 107022.

Falcone, P. M. (2020). Environmental regulation and green investments: The role of green finance.

International Journal of Green Economics, 14(2), 159-173.

Falcone, P. M., & Sica, E. (2019). Assessing the opportunities and challenges of green finance in Italy: An analysis of the biomass production sector. Sustainability, 11(2), 517.

Falconer, A., & Stadelmann, M. (2014). What is climate finance? Definitions to improve tracking and scale up climate finance. Climate Policy Initiative.

Georgeson, L., Maslin, M., & Poessinouw, M. (2017). The global green economy: a review of concepts, definitions, measurement methodologies and their interactions. Geo: Geography and Environment, 4(1), e00036.

Islam, M. S., & Das, P. C. (2013). Green banking practices in Bangladesh. IOSR Journal of Business and Management, 8(3), 39-44.

Malik, S., Qasim, M., & Saeed, H. (2018). Green finance in Pakistan: Barriers and solutions. Asian Development Bank Institute. Retrieved from

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https://www.adb.org/publications/greenfinance-pakistan-barriers-and-solutions Meena, R. (2013). Green banking: As initiative for sustainable development. Global Journal of Management and Business Studies, 3(10), 1181-1186.

Migliorelli, M., & Dessertine, P. (2019). The rise of green finance in Europe. Opportunities and challenges for issuers, investors and marketplaces. Cham: Palgrave Macmillan.

Moore, S. B., & Manring, S. L. (2009). Strategy development in small and medium sized enterprises for sustainability and increased value creation. Journal of Cleaner Production, 17(2), 276-282.

Mumtaz, M. Z., & Smith, Z. A. (2019). Green finance for sustainable development in Pakistan.

Islamabad Policy Res Inst J, 2, 1-34.

Raberto, M., Ozel, B., Ponta, L., Teglio, A., & Cincotti, S. (2019). From financial instability to green finance: the role of banking and credit market regulation in the Eurace model. Journal of Evolutionary Economics, 29(1), 429-465.

Rehman, A., Ishaque, A., Malik, S., Rehman, S. U., Hussain, A., Khan, M., . . . Afridi, F. E. A. (2021). Exploring Asymmetric Nexus Between Tourism, Economic Growth and CO2 Emissions in the Context of Pakistan. International Journal of Energy Economics and Policy, 11(3), 338-345.

Rehman, A., Ullah, I., Ullah, Z., Zeeshan, M., Hussain, A., & Rahman, H. U. (2021). Adoption of green banking practices and environmental performance in Pakistan: A demonstration of structural equation modelling. Environment, Development and Sustainability, 1-21.

Soundarrajan, P., & Vivek, N. (2016). Green finance for sustainable green economic growth in India. Agricultural Economics, 62(1), 35-44.

Taghizadeh-Hesary, F., & Yoshino, N. (2019).

The way to induce private participation in green finance and investment. Finance Research Letters, 31, 98-103.

Volz, U. (2018). Fostering green finance for sustainable development in Asia.

Weber, O., & ElAlfy, A. (2019). The development of green finance by sector The Rise of Green Finance in Europe (pp. 53-78).

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Zhou, X., Tang, X., & Zhang, R. (2020). Impact of green finance on economic development and environmental quality: a study based on provincial panel data from China. Environmental Science and Pollution Research, 27(16), 19915-19932.

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Volume 10 - Issue 41 / May 2021

DOI: https://doi.org/10.34069/AI/2021.41.05.18

Strategy for increasing the competitiveness of the Russian company in the global satellite communications market Стратегия Повышения Конкурентоспособности Российской Компании на Мировом Рынке Спутниковых Коммуникаций Received: May 4, 2021

Accepted: June 5, 2021

Written by: Natalia V. Komarova66 https://orcid.org/0000-0003-3717-5659 https://www.scopus.com/authid/detail.uri?authorId=57202374811 https://elibrary.ru/author_profile.asp?id=825365 Sergey I. Slav67 https://orcid.org/0000-0002-4250-8799 Abstract

Аннотация

The article shows the relevance of work on developing a strategy for increasing the competitiveness of Russian Satellite Communications Company (RSCC) and degree of development of the problem. The logical structure of the research was formed, including such components as the object, subject, initial hypothesis, goal, methodological foundations and practical significance of the research. The mission of the studied RSCC is presented. The essence of the process of strategic planning for increasing competitiveness is investigated and the possibilities of determining the goals and structure of the company are revealed. The reasons for the low economic efficiency of using a standing point in a geostationary orbit for Russian companies are revealed and possible solutions to these problems are identified. There is the system of indicators by which the company loses to its competitors. The market segmentation by frequency resource is presented.

The technology of selection of the frequency range by the client is shown. The key factors of the company's success in the global market have been identified and compared using these factors with the main competitors.

В статье показана актуальность работы по разработке стратегии повышения конкурентоспособности российской компании спутниковой связи, показана степень разработанности проблемы. Далее была сформирована логическая структура исследования, включающая такие составляющие как объект, предмет, исходная гипотеза, цель, методологические основы и практическая значимость проведенного исследования. Представлена миссия изучаемой российской компании спутниковой связи. Исследована суть процесса стратегического планирования повышения конкурентоспособности и выявлены возможности определения целей и структуры компании. Раскрыты причины низкой экономической эффективности использования точки стояния на геостационарной орбите для российских компаний и определены возможные решения данных проблем. Выявлена система показателей, по которым компания проигрывает своим конкурентам. Представлено сегментирование рынка по частотному ресурсу. Показана технология выбора частотного диапазона клиентом. Определены ключевые факторы успеха компании на мировом рынке, и проведено сравнение с использованием этим факторам с основными конкурентами.

Keywords: strategy, competitiveness, satellite communications, key success factors, service life cycle, positioning.

Ключевые слова: стратегия, конкурентоспособность, спутниковая связь, ключевые факторы успеха, жизненный цикл услуги, позиционирование.

66 67

PhD in Technical Sciences, Associate Professor, Moscow Aviation Institute (National Research University), Moscow, Russia.

Master's student, Moscow Aviation Institute (National Research University), Moscow, Russia.

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Komarova, N., Slav, S. / Volume 10 - Issue 41: 177-187 / May, 2021

Introduction Relevance of the research topic and problem statement. The study is devoted to the development of a strategy to increase competitiveness in the global satellite communications market for a Russian company that owns an orbital constellation in geosynchronous equatorial orbit (GEO).

In accordance with the Decree of the President of the Russian Federation on August 4, 2004 № 1009 and the Order of the Government of the Russian Federation on August 20, 2009 № 1226-p with amendments and additions of RSCC is a strategically important organization in Russia (Decree of the President of the Russian Federation N 1009, 2004).

The company's value for the period from 2011 to 2020 increased almost 2 times. The average annual growth over this period of the company's value in ruble terms amounted to 13.5%, and in dollar terms only to 0.4%. Growth indicators in United States dollar, as more stable currency than the ruble, indicate problems in the company's development. Adjusted for discounting for inflation, the growth in dollar terms is negative.

As for the company's revenue for the same period, in ruble terms the average annual revenue growth was 12.4%, and in dollar terms it was almost zero (-0.03%).

In Russia, telecommunications companies have problems with technological backwardness in the field of microelectronics (3-4 years) and the need to import equipment from Western countries, which reduces their competitiveness in the market. For the satellite communications market, equipment is more expensive, also due to its size.

If you do not take decisive action, it will be more difficult to maintain even the current level of achievements in the future.

The main competitors of satellite communications are fixed broadband access to the Internet and fixed voice communications (using wire and fiber-optic communication lines, twisted pair, etc.), mobile communications and terrestrial television (terrestrial wireless communication lines).

Taking into account the fact that the telecommunications industry is developing rapidly in terms of technical progress, it is difficult to predict what will happen in 10-15 years, and therefore, the company cannot exist without strategic planning.

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Degree of elaboration of the problem. The main problems of developing and increasing the competitiveness of satellite communications were considered by many people. Their list can include almost all top managers of satellite operators who have published a lot of articles on this topic. In Russia, in most cases, top managers are people with technical education and extensive management experience.

General Director of RSCC, Yu. V. Prokhorov (Honored Tester of Space Technology, Academician of the International Academy of Communications), has written many scientific papers on the strategic development of satellite communications, thus the company understands the need for strategic development.

Most of the heads of satellite operators, including V.N. Doniants and S.V. Pekhterev, believe that the high price of a satellite frequency resource greatly inhibits the development of satellite communications.

In one of his article, Academician of the International Telecommunications Academy E.V. Buidinov tried to assess the socio-economic efficiency of satellite communications (Euroconsult-ec, 2019). From the obtained results, he concluded that the socio-economic efficiency of satellite communications for the Russian Federation can be increased by more than 1.5 times.

The increase in the competitiveness of satellite communications is also facilitated by the development of terrestrial infrastructure for it, in connection with which this issue is raised among the developers of technical means for satellite communications. Such leaders in the production of satellite equipment, including hubs, such as Gilat, Hughes, Comtech, iDirect, Newtec and others, are betting on the B2B sector and mobile networks of the fourth and fifth generation, as they spoke about in their presentations at the latest Satellite Russia & CIS in the spring of 2018 and 2019 and the scientific works of the employees of these companies were published.

They understand that satellite communication is very expensive for the end user and the use of expensive equipment greatly reduces the cost for the end user. As for mobility, it is higher for the end user, because a parabolic antenna with a diameter of 0.45-1.2 meters cannot be taken with you.

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Volume 10 - Issue 41 / May 2021

The object of the research is the competitiveness of Russian operator in the global satellite communications market.

The subject of the research is the process of strategic planning to improve the competitiveness of Russian operator in the global satellite communications market.

Scientific research hypothesis.

The implementation of a strategy developed on the basis of an analysis of the telecommunications market in order to identify the demand for certain satellite communication services will allow RSCC to increase its net sales income and improve its efficiency, which will strengthen its competitiveness in the world market (Burdina et al., 2020; Burdina & Bondarenko, 2020).

Purpose of the study is: on the basis of theoretical studies of the telecommunications market and the identified new directions in the company's activities in the field of satellite communications, to make a new strategy for its development, taking into account internal and external factors.

The mission of RSCC is to create under the study an extensive information space based on the Russian satellite constellation using advanced technologies.

We note that the overall corporate strategy and the strategy for increasing competitiveness coincide in many respects. In this regard, it is sometimes difficult to draw the line between strategic planning and the development of a strategy to improve competitiveness. Strategic development opportunities are ways to improve competitiveness. Market attractiveness is essentially the market potential, which largely depends on the internal environment of the company.

Theoretical Basis During the research, the theory of strategic analysis was used (Novikov, 2018), including the research of competitors and portfolio analysis.

The problems of increasing the company's competitiveness in the global satellite communications market have been identified, for the solution of which the market will be segmented by frequency resource. The factors of competition and key factors of the company's success are identified, and a comparison is made using these factors with the main competitors. In this case, the following abbreviations for the assessment rating were used: H - High (3 points); A - Average (2 points); L - Low (1 point), and by

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the phase of the service LC: G - Growth (3 points); M - Maturity (2 points); R - Recession (1 point). To clarify the strategy, further detailed strategic portfolio analysis was carried out using McKinsey and ADL matrices. To construct them, an expert predictive analysis of the competitive position of the analyzed enterprise was carried out, as well as forecasts of its development: optimistic and most probable. To identify the directions of the company's strategic development, assessments of the market attractiveness of the company's main product or service were carried out. Further, the theory of strategy formation was used, for which the main problems of enterprise development and the reasons for their occurrence were identified.

According to the well-known theory of strategic management and hierarchy, strategies are divided into general and business ones, the latter including competitive and portfolio strategies.

The proposed theory of the formation of strategic measures includes three components: 1.

Comparison of sectoral problems with the problems of the enterprise, including allocation of problems to be solved and the definition of a group of strategic measures for their solution; 2.

Formation of strategic actions that translate organizational problems into development opportunities; 3.

Creation of strategic activities that are most consistent with the potential capabilities of the enterprise.

The study proposes a theory of the formation of a positioning strategy based on selected opportunities and steps aimed at their implementation (Komarova et al., 2019; Novikov et al., 2019a).

In accordance with the theory from earlier works (Novikov et al., 2019b; Novikov et al., 2020), staff management strategy was developed, within which it is possible to use network working groups.

Methodology of Research The conducted research is of a problem-systemic nature. The challenge is to improve the competitiveness of the company. The conducted research and comparison of Russian and foreign competitors in terms of competition factors showed that the economic efficiency of using a standing point on the GEO for a Russian company is extremely low, compared to the giants. There are several explanations for this:

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180 prices for services are higher in foreign  companies; higher workload or heavier spacecrafts of  foreign companies; high degree of integration with additional  services of foreign companies; large discount for government agencies. 

frequency resource. These measures forced all state-owned companies (including Central Bank of Russia) to forcibly switch to Russian spacecraft. But this, at the same time, had a negative impact on the expansion of foreign markets by Russian telecom operators, as some states made the same thing.

One of the possible solutions to these problems is segmenting the market by frequency ranges, namely by important parameters for customers when operating in these ranges (Table 1): mobility, equipment cost, meteosensitivity and spectral efficiency.

The choice of the range by the client depends on various components. For example, C band is chosen for fixed terminals, where the size of the terminal and the compactness of the transmitter are not important. For example, there are two types of transmitters: SSPA and TWTA. SSPA is very compact, but also with very small power (0.5-8W), while TWTA is huge and weighs from 25 Kg, but at the same time the power is much higher (from 200 W).

Protective measures of the Russian government (Dmitriev & Novikov, 2019a; Dmitriev & Novikov, 2019b; Dmitriev & Novikov, 2020) helped to increase the amount of consumed

Table 1.

Market segmentation by frequency resource (source: authors) Segmentation criterion C band Ku band Ka band

Basic parameters required for earth station Mobility Cost of equipment Meteosensitivity Low High Low Average Average Average High Low High

Ka band is important for those who want to obtain compactness and high spectral efficiency, but the price for this is the instability of the same spectral efficiency. Thus, this range is ideal for satellite internet.

Ku band is chosen by those who need an intermediate version. For example, direct TV broadcasting is convenient in Ku. Since the normal stability of the spectral efficiency is needed due to the fact that technologies that allow to level this cannot be applied in simplexes (one-way communication channel), and keeping the power headroom is sometimes not profitable due to the high cost of transmitters. The approximate price of a 750 W transmitter is about 2 million rubles. In this case, firstly, we also need backup transmitter. And secondly, real maximum allowable power, depending on the codesignaling structure, drops significantly.

Therefore, at best out of 750W, 350W can be used. In "linear mode" we can only use 50W. For example, if the C band for earth station on the territory of Russia for reception with an availability factor of 99.7%, an energy margin of

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Spectral efficiency Low Average High

1 dB (+ 25%) is recommended, for Ka it is already 5 dB (+ 216%). For Ku, this is 3 dB (+ 100%), i.e. double margin and at the same time the size of the antennas is small (0.6-1.2 m), which is very convenient. This is without considering the up line. In general, this applies to the whole world, with the exception of regions with intense precipitation.

As a part of the competitive analysis of the object of research on the global satellite communications market, it is assumed that the key success factors (KSF) of the company are selected. Table 2 presents the selected KSF and shows the comparison results according to these factors of RSCC and the main competitors.

As we can see from the data presented in the Table 2, the main KSF of RSCC is the regulatory climate, for the rest of the KSF the company either matches its competitors or has a worse result. Thus, the company is encouraged to use a flexible pricing policy more widely, because, as Table 3 shows, the company changes prices slightly to sell the product.

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Table 2.

Assessment of competition by key success factors (source: authors) № 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

Key success factors Distribution channels efficiency Product LC stage Differences to the products of competitors Market segment cyclicality Firms' skills Product quality for the consumer Flexible pricing structure Price competitiveness Threat of substitute goods Entry barriers Exit barriers Variety of applications and properties Possibility of economies of scale Availability of raw materials and supplies Regulatory climate Market segment risk Investment required for competitiveness Total

RSCC H M

SES S.A. H M

Intelsat H M

Eutelsat H M

L

L

L

L

L A H L A A A A H A

L H H A A A A A H H

L H H A A A A A H H

L H H A A A A A H H

A

H

H

H

H H

A H

A H

A H

H

H

H

H

2.12

2.29

2.29

2.29

Table 3.

Comparative evaluation with competitors (source: authors) № 1 1.

2.

3.

Name of indicators 2 Additional products or services Competitive technological advantages comparing with our products or services Do these firms offer anything new in addition

RSCC SES S.A. Intelsat Eutelsat 3 4 5 6 All companies offer additional services No one has technological edge All of them have unique combination of coverage, energy performance and frequency No. Competition is on all fronts, including with small operators who do not have their own spacecraft fleet

4.

Are they a niche company

5.

Their pricing strategy is based on a specific product, segment or both

On both

6.

How much do firms increase or decrease the price to sell the product

Minor change

7.

8.

Is the firm using a cost-cutting leadership strategy to gain market share. If so, what products and how What customer requirements does the competitor's product meet, but ours does not meet

9.

What distribution channels do they use

10 .

What territory does their sales network cover

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Average change. Companies are more free to make pricing decisions

Yes, across the spectrum. It happened involuntarily in 2014 Uniqueness of the Uniqueness of the orbits is in orbits is in GEO. GEO. HTS is in Ku and Ka HTS is only in Ka Specifics of the market impose restrictions on the methods of marketing: exhibitions and conferences and participation in state contracts Eurasia, Africa and partially the Whole world rest of continents

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182

11 .

12 .

13 .

14 .

15 .

16 .

What geographic area are they targeting as their market

Eastern hemisphere of the Earth

Is this an innovative firm

Yes. It have to constantly innovate in production

What is the position of the company in the market Customers consider the products of this company to be technologically superior or inferior to our products What does this company offer to the product List specific target markets or segments for each competitor's product

In the top 20

Whole world

Leader

In the top 3

Hard to tell. Services are almost identical for everyone Additional service

Additional service in the whole world

B2B, B2G

B2B, B2G, B2C

The constructed matrix ADL/LC is shown in the Figure 1. To build it, an expert predictive analysis of the competitive position of the analyzed enterprise was carried out, as well as forecasts of its development: optimistic and most probable. The results of this analysis are presented in the Table 4.

As the analysis showed, the company's product is in the maturity stage. If new measures are not introduced, the position in the market can be greatly shaken. To prevent this, it is necessary to use an innovative development strategy, the development and implementation of innovative design and technological solutions, the creation of a scientific and technical groundwork.

Table 4.

Evaluation of the current and predictive position of enterprise product (source: authors)

assessment

of

the

competitive

№

Indicator

Evaluated enterprise 202 2025 0

1.

Cost

5

6

2.

Quality

5

7

3.

Market share

1

1

4.

Diversity

4

5

5.

Staff Width of application Connection with other products of the company Service Increased competition

3

5

The price is rather high. Due to the development of technology and reduced costs, it is expected to decrease it The quality of services is at a good level and will grow due to the technological breakthrough It is difficult to increase market share. The main strategy is to keep it The variety will increase due to the commissioning of new spacecraft There is a lot of work here. But a hurt is big

3

5

Low

4

6

At the moment, the connection is insufficient. If we increase the services of the integrator, it will increase the volume of sales and basic services

6

7

4

4

Assortment

4

6

7

8

5

5

51

65

6.

7.

8.

9.

10.

Supplier power Replacement 12. threat TOTAL 11.

Comments

Average Growth in competitive advantage relative to industry leaders will not increase. The main thing is not to lose current position The range of services is insufficient. The groundwork is great for growth Average. There is a lot of competitions in this market The threat of replacement for the entire satellite communications market Maximum 90 points

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Figure 1. ADL/LC matrix (source: authors) The company occupies a large market volume in Russian market (more than ~ 1/3), but as for the volume of the world market, it is very small, only 1.75%. On the other hand, RSCC has an advantage artificially created by the state, which makes it possible to increase its share in Russian market, while large losses of its share in the world market are not expected.

Analysis of the market attractiveness is above average and will grow in the future. The main threats are: negative growth of the satellite communications market, emergence of new competitors and regulatory climate and other risks.

Calculation of the competitive status of the enterprise shows that it is currently quite high

and has prospects for further growth. Projection of the competitive position and high attractiveness of the market to the McKinsey matrix shows that it is necessary for an enterprise to choose a portfolio growth strategy associated with active actions to improve its competitive status, to attack the position of the best; to strengthen the weak points of your inner potential; to invest based on their own capabilities. Thus, selective investment in growth is required to further develop the company's products.

Thus, we have formed a competitive and portfolio development strategy, then, to form a system of strategic measures, we will consider the main problems of enterprise development and the reasons for their occurrence (Table 5).

Table 5.

Main problems of the enterprise and their reasons (source: authors) Problems High cost of the sold resource Attempt to improve competitiveness in competitive market Finding new opportunities to use potential

Reasons High costs due to the imperfect organizational system of the enterprise.

Purchase of materials for devices abroad Insufficient number and qualifications of employees of the marketing department at the enterprise. Market specific Service responsible for implementing the other line of business is very young.

Employees are not qualified enough. They do not include the necessary specialists who can choose the best option

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183

184

Focus on longterm prospects Infrastructure focused on the market information management system Centralized management power limiting cadre initiative

Market specifics. It is impossible to exist without long-term planning of up to 15-20 years, due to the service life of the vehicles 14-18 years, and the time required from assembly to launching the vehicle into orbit. During this interval, the market can change dramatically. Therefore, they try to find universal solutions Introduction of electronic document management has led to clear improvements.

Now the majority of applications are processed on time. The system implemented in the enterprise is considered to be very flexible. But this is a double-edged sword. Staff who are not IT specialists do not keep up with innovations Everyone is trying to "pull the blanket" over themselves. Sometimes they try to take those functions that are not characteristic of these departments.

Centralization does not always ensure an adequate distribution of functional responsibilities.

The company's products are attractive and generally in demand. There is a reserve for growth. Good management resources and marketing are needed. If in terms of management the classical methods are suitable, we need to be very careful with marketing, because it is very easy to lose confidence in this market (Mikhailova, 2020).

More flexible pricing policy is also needed, since the resource for different clients and regions has different values (Tikhonov et al., 2020). It is necessary to improve customer support at the very beginning. This will help clients to better familiarize themselves with the resource and understand its main consumer qualities. For example, an improperly selected apparatus and barrel can greatly increase the cost of an ongoing project. Strict cost control, frequent detailed monitoring reports, clear structure in the organization and distribution of responsibilities are required. The main incentive is the strict implementation of the production volume plan.

It is especially worth highlighting the problem of low qualifications of employees of some clients.

Due to a misunderstanding of some points, incidents occur that negatively affect further cooperation. Thus, the solution to this problem is

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associated with the organization of the advanced training system.

The portfolio strategy presupposes the development of the internal potential of the enterprise and its competitive status, therefore, for the implementation of this strategy, Table 6 gives a group of strategic measures selected according to the theory developed by the authors.

Based on the results of the assessments carried out in the work, a matrix of opportunities was built (Figure 2). It shows that items 2, 4 and 6 are the least realistic, but they can be very effective.

The attractiveness for the enterprise from the implementation of these measures is also small, since they are very painful. Opportunity matrix indicates the need to develop a positioning concept in terms of consumer appeal and success probability.

These strategic measures allow increasing the capabilities of project teams of development companies (Dmitriev & Novikov, 2019a; Dmitriev & Novikov, 2019b) when working on projects that require new and non-standard solutions in the face of growing competition and resource shortages. The conditions for the expediency of using network design teams based on the results of studies of their capabilities.

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Table 6.

System of strategic decisions (source: authors) Strategic solutions to controlled problems when comparing industry problems with enterprise ones

* Expanding the scope of the company by creating new directions or reducing the price of a resource. * Constant market monitoring. * Launching more devices with careful planning of their properties.

Opportunities as a system of strategic events

Strategic activities as potential opportunities

* Organization of training courses with the involvement of experienced employees of the enterprise. * Organization of customer service and information portal, which will increase the attractiveness of the product. * Due to the fact that there is abuse of some of the rules of the company by customers, it is necessary to change these rules in such a way as to minimize losses from customer dishonesty.

1. Organization of mentoring and supervision.

2. Making structural changes 3. Training of employees in electronic document management.

4. Delegation of powers between divisions of companies 5. Form an alliance with consumers to develop optimal strategic plans that benefit both parties.

6. Increasing the efficiency of the commercial service (by creating more effective links with other structures of the organization).

7. Coordination with competitors to create common rules in the market (standardization of filing applications, general designations and rules for using the resource)

Figure 2. Matrix of opportunity (source: authors) Table 7.

Positioning strategy formation (source: authors) Proposed positioning strategy formation Improving the company's image Application of advanced technologies Quality service Innovation

Implementation activities To improve the perception of the company with current and potential customers. To help with the best choice To use the latest developments in satellite communications whenever possible. To get rid of old and ineffective equipment To improve client support during all time intervals (from application submission to contract termination) To search for the best solutions in satellite communications. To include them in commercial offers

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186 Results In the process of developing a strategy for increasing the competitiveness of the company, RSCC conducted research and developed management decisions. The following results were obtained:

of the competitive position and high attractiveness of the market to the McKinsey matrix shows that the enterprise needs to choose a portfolio growth strategy and for the further development of the company's products, selective investments in growth are required.

Discussion

conducted research and comparison of  Russian and foreign competitors in terms of competition factors, the economic efficiency of using a standing point in the GEO for Russian company is extremely low, in comparison with giants. There are several explanations for this: prices for services are higher for foreign companies; higher workload or heavier spacecraft from foreign companies; high degree of integration with additional services from foreign companies; large discount for government agencies. research proposes a solution to this  problem by developing a set of business strategies, including the following components: portfolio, competitive and positioning strategy and system of strategic events. strategic competitive analysis showed that  the current company loses to its competitors on some indicators. The fact that it remains afloat is a great merit of the state, in terms of politics and scale of the territories and unevenness of their settlement. Therefore, the company needs to segment the market by frequency ranges, namely by important parameters for customers when operating in these ranges: mobility, equipment cost, meteosensitivity and spectral efficiency. based on the results of comparison of the  considered company with competitors, according to the factors of competition and success, the competitive strategy of the company was proposed as the optimal ratio of the strategy "price-quality". in the course of the expert forecast  analysis, scenarios of its development were built: optimistic and most probable. It was determined that the company's product is at a stage of maturity, therefore it was recommended to use an innovative strategy for its development, the development and implementation of innovative design and technological solutions and the creation of a scientific and technical reserve. to identify the directions of the company's  strategic development, assessments of the market attractiveness of the company's main product or service were carried out. As the analysis has shown, the attractiveness of the market is above average and will grow in the future. calculation of the competitive status of the  enterprise shows that it is currently quite high and has prospects for further growth. Projection

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Strategic competitive analysis showed that the current company loses to its competitors in some indicators. The fact that it remains afloat is a great merit of the state in terms of politics and scale of the territories and the unevenness of their settlement.

Thus, artificial favorable environment was formed for the current company. As for the large share in the foreign market (53% of revenue for 2019), this is the merit of geopolitics. Due to the fact that the source of income is not important for capitalism, foreign companies "huddle" different warring parties in international conflicts. Accordingly, if it is the enemy of the United States and the coalition, leasing from Western companies is impossible.

The strategy proposed in the work allows taking into account external opportunities and translating development threats and weaknesses of internal potential into development prospects.

The practical significance of the study is determined and confirmed by the fact that the conclusions of this study can be a guide for all enterprises in the satellite communications market, both defense and civilian, facing the problem of competitiveness in the telecommunications market.

Further research will be related to assessing business risks for the space communications operator and ways to eliminate them researching the demand for satellite communications services in the telecommunications market and developing a comprehensive program and assessing the effectiveness of the implementation of a strategy to increase competitiveness in the global satellite communications market of Russian company.

Conclusions Predictive analysis of the effectiveness of the proposed set of strategies showed that increasing the volume of satellite resource by 2 times and bringing the share of additional services to 87% will increase the average annual growth of net sales income by 4.98% per year with revenue of 4.53% per year, which is more than the current

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inflation of 3.05%. Thus, the effectiveness of the implementation of the strategy to increase competitiveness and the research hypothesis are proved.

References Burdina, A. A., & Bondarenko, A. V. (2020).

Assessing the Strategic Efficiency of Aviation Projects. Russian Engineering Research, 40(5), 439–441.

Burdina, A. A., Moskvicheva, N. V., & Burdin, S. S. (2020). Modernization of HighTech Products with Strategic-Risk Assessment.

Russian Engineering Research, 40(12), 1115–1117.

Decree of the President of the Russian Federation N 1009. On approval of a list of strategic enterprises and strategic joint-stock companies (with changes and additions). Decree of the President of the Russian Federation of August 4, 2004.

Dmitriev, O. N., & Novikov, S. V. (2019a).

Optimizing the economic information transparency level of high-tech enterprises in the post-industrial globalized economy.

International Journal of Economics and Business Administration, 7(3), 25-56.

Dmitriev, O. N., & Novikov, S. V. (2019b).

Unification and convergence of hierarchic structures such as organizational separations and product projects at creation of recommending decision support systems. International Journal of Economics and Business Administration, 7(1), 240-268.

Dmitriev, O. N., & Novikov, S. V. (2020). A Priori Assessment of Customer Costs in Designing the Life Cycle of Complex Products.

Russian Engineering Research, 40(2), 143-145.

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Euroconsult-ec (2019). Satellite communications market to reach $19.4 billion by 2028. Retrueved at: http://www.euroconsult-ec.com Komarova, N. V., Zamkovoi, A. A., & Novikov, S. V. (2019). The Fourth Industrial Revolution and Staff Development Strategy in Manufacturing. Russian Engineering Research, 39(4), 330-333.

Mikhailova, L. (2020). Operational Management of Flexible Production of Machine-Building Enterprises Using the Analytical Method for Optimizing Work Order Planning Services.

Research in World Economy, 11, 311-319.

Novikov, S. V. (2018). Strategic Analysis of the Development of High-Technology Manufacturing Facilities. Russian Engineering Research, 38(3), 198-200.

Novikov, S., Komarova, N., & Dadyan K. (2019a). Development of the mechanism of formation of additional capabilities of the network design team as the basis of competitive advantages of IT companies. Amazonia Investiga, 8(20), 188-199. https://amazoniainvestiga.info/index.php/amazo nia/article/view/78 Novikov, S., Komarova, N., & Dadyan, K. (2019b). Develop a system to motivate and maintain the success of internal and external interactions of the network project team.

Amazonia Investiga, 8(20), 200-209. https://amazoniainvestiga.info/index.php/amazo nia/article/view/79 Novikov, S., Komarova, N., & Dadyan, K. (2020). Research opportunities to improve the competitiveness by using network project teams.

Research in World Economy, 11(1), 212-219.

Tikhonov, G. V., Lavrova, L. A., Kolosova, V. V., Zemlyanskaya, N. B., & Kazakova, N. V. (2020).

Marketing as an Effective Control of Progressive Innovation. TEM Journal, 9(3), 1094-1099.

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Celik, S. / Volume 10 - Issue 41: 188-198 / May, 2021

188

DOI: https://doi.org/10.34069/AI/2021.41.05.19

Teacher education program supporting critical thinking skills: a case of primary school teachers Eleştirel Düşünme Becerilerini Destekleyen Öğretmen Yetiştirme Programı: Bir Sınıf Öğretmeni Örneği Received: March 15, 2021

Accepted: May 30, 2021

Written by: Sevgi Celik68 https://orcid.org/0000-0001-5214-8347 Abstract

Öz

This quantitative study investigates the needs of primary school teachers for better Teacher Education Program supporting critical thinking skills. The study was carried out at four different public and private primary and secondary schools in Erbil, Iraq, during the 2019–2020 academic year, when the COVID-19 pandemic caused the suspensión of classes and the closure of educational centers. An online survey was conducted with 48 physics, mathematics, Kurdish, and social science teachers to gather data regarding how teachers support students’ critical thinking skills in the classroom. The data was analyzed using descriptive statistics and revealed that teachers were inefficient in encouraging students to use critical thinking skills in the classroom. The findings indicated that teachers require training to improve skills such as open-mindedness, asking high-level questions, questioning information accuracy and reliability, and searching for causes or evidence.

Hence, the study proposes a teacher education program to supporting critical thinking.

Bu nicel çalışma, ilkokul öğretmenlerinin eleştirel düşünme becerilerini destekleyen daha iyi Öğretmen Eğitimi Programı'na olan ihtiyaçlarını araştırmaktadır. Çalışma, COVID-19 salgının sınıfların askıya alınmasına neden olduğu 20192020 akademik yılında Irak, Erbil'deki dört farklı devlet ve özel ilk ve ortaokulda gerçekleştirildi.eğitim merkezlerinin kapatılması. Öğretmenlerin öğrencilerin eleştirel düşünme becerilerini sınıfta nasıl desteklediklerine ilişkin verileri toplamak için 48 fizik, matematik, Kürtçe ve sosyal bilimler öğretmeniyle çevrimiçi bir anket gerçekleştirildi. Veriler, betimsel istatistikler kullanılarak analiz edilmiş ve öğretmenlerin, öğrencileri sınıfta eleştirel düşünme becerilerini kullanmaya teşvik etmede yetersiz kaldığı ortaya çıkmıştır. Bulgular, öğretmenlerin açık fikirlilik, üst düzey sorular sorma, bilgi doğruluğunu ve güvenilirliğini sorgulama ve nedenleri veya kanıtları arama gibi becerileri geliştirmek için eğitime ihtiyaç duyduklarını göstermiştir. Bu nedenle çalışma, eleştirel düşünmeyi desteklemek için bir öğretmen eğitimi programı önermektedir.

Keywords: Critical thinking, teacher behaviors, needs analysis, teacher education, teacher education program.

Anahtar Sözcükler: Eleştirel düşünme, öğretmen davranışları, ihtiyaç analizi, öğretmen yetiştirme programı.

Introduction The uncontrollable flow of information across all areas of the world has forced societies to adapt to developments and changes resulting from the technology era (Halpern, 1998; Lewis and Smith, 1993; Roschelle et al, 2000a). A growing body of literature recognizes the importance of critical thinking skills embedded in education as an essential tool in adapting to these changes and

68

developments (Behar-Horenstein and Niu, 2011a; Feuerstein, 1999; Forawi, 2016; Furness, Cowie and Cooper, 2017; Husamah, Fatmawati and Setyawan 2018; Miri, David and Uri, 2007; Williams, 2005a). Recent developments in the field of education have led to renewed interest in critical thinking skills for the last three decades (Forawi, 2016; Furness et al, 2017; Roschelle et

Faculty of Education, Tishk International University, Erbil/Iraq.

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al, 2000a; Williams, 2005a). As a result of these studies, it was alleged that critical thinking skills is an important component that should be included in education and plays a key role of development of fundamental cognitive skills and dispositions for all individuals (Feuerstein, 1999).

Halpern (Forawi, 2016; Miri et al, 2007; Williams, 2005a) Halpern (1998) demonstrates a strong and consistent association between improvement of critical thinking skills and education. He suggests that critical thinking skills have been identified as one of the defining qualities that should be cultivated through education. Moreover, in their analysis of critical thinking skills, Lewis and Smith (1993), and Piro and Anderson (2015) reported that critical thinking is also a key mechanism in the establishment of a democratic society, culture, and the power of countries to manage global economic competition.

Unfortunately, students are not typically taught to think or learn independently, and they rarely “pick up” these skills on their own (BeharHorenstein and Niu, 2011a; Feuerstein, 1999; Miri et al, 2007). Critical thinking is not an innate ability. Although some students may be naturally inquisitive, they require training to become systematically analytical, fair, and open-minded in their pursuit of knowledge. With these skills, students can become confident in their reasoning and apply their critical thinking ability to any content area or discipline (Szabo and Schwartz, 2011)

level play an especially active role for students who are in the most important period of their cognitive development from ages 7–12 (Hager and Kaye, 1992a). Due to the importance of behaviors in the classroom and the need to be role models for students, it is imperative to determine the training needs of teachers at this level in order to support critical thinking in the classroom.

Although many studies have been carried out in various countries(Eales-Reynolds et al, 2017; Mulyono, 2018; Roschelle et al, 2000b) regarding critical thinking among teachers, there is no study exists on teacher behaviors supporting critical thinking in the Kurdistan Region of Iraq; thus, the aim of this research is to find out whether the primary school teachers use different strategies to improve the critical thinking level of primary school children. In line with this purpose, the main research question is as follows: What are the needs of teachers regarding the Teacher Education Program Supporting Critical Thinking?

The sub-questions are as follows: 1.

2. a. b. c. d.

Teachers do not simply convey the knowledge but works with learners to instill the high-level thinking skills necessary to gain productive abilities. A large-scale longitudinal educational research study on the determinants of higher order thinking skills(Hjerm, Johansson Sevä and Werner, 2018; Toy and Ok, 2012; Wang, 2013a) concluded that teacher quality is the most important key elements of applying a wide range of dispositions in terms of developing the critical thinking skills in the schools. Those components of higher order thinking skills are needed to not just think effectively but to be knowledgeably to put that ability into practice (Setiawan et al, 2018).

Given that critically thinking individuals are among the most important educational outcomes desired by democratic and modern education systems, the necessity for teachers to have critical thinking skills is indisputable (Lorencová et al, 2019). Teachers at the primary education

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e.

Do teachers adequately demonstrate behaviors that support critical thinking in the classroom?

Do teachers who support critical thinking adequately show the following dimensions?

Open-Mindedness (OM), Questioning of Accuracy/Reliability of Information (QARI) Reasoning regarding Causes/Evidence (RCE), Ability to Ask High-Level Questions (AHLQ Openness (O)

Literature Review The concept of Critical Thinking (CT) has been employed in a variety of disciplines and concerns issues of logical, ethical, pedagogical, and epistemological domains (Fawkes et al, 2005)Aiming at organizing the vast amount of CT aspects, specialized foundations and centers have occasionally undertaken the mission to define, construct, assess, improve, and advance the principles and best practices of fair-minded critical thought in education and society (Mahdi, Nassar, and Almuslamani, 2020; van der Zanden et al, 2020). A considerable number of theorists have attempted to define the term CT, emphasizing various concepts, such as the ability to engage in purposeful, self-regulatory judgement (Behar-Horenstein and Niu, 2011b), the use of those cognitive skills or strategies that

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190 increase the probability of a desirable outcome (Williams, 2005b), or that waste of time between seeing something and knowing what to do about it (Wang, 2013b). According to many experts from (Halpern, 1998) Delphi Committee, CT has been acknowledged as a purposeful, selfregulatory judgment which results in interpretation, analysis, evaluation and inference, as well as explanation of the evidential, conceptual, methodological, criteriological, or contextual considerations upon which that judgment is based.

(Setiawan et al, 2018) (Lunenburg, 2011) concluded in his comprehensive study that educational institutions should provide a learning environment where individuals are trained at to act as critical observers, to be defenders of democratic institutions and human rights, to contribute to their field of work, and to achieve economic success to their societies. In the same vein, (Hunaidah et al, 2018)pointed that individuals, who can question, criticize, make effective decisions, and be creative and responsible for themselves and to their societies, can be grown through a quality education.

Broadly similar points had already been made by (Gülen, 1996) who points out the different social problems of humanity such as poverty and hunger, global warming, environmental pollution, violence and harassment, terrorism, and gender inequality can only be solved with a quality education that develops students spiritually, intellectually, and physically; in other words, coping with these challenges requires substantial critical thinking. Even though critical thinking skills is not the only answer to those social problems, loose, biased or misinformed thinking will undoubtedly weaken society's potential to become more productive and humane. Thus, promoting critical thinking practices and skills in societies will help everyone effectively address the challenges we face as a nation. The latest literature on critical thinking emphasizes the important roles of schools and teacher training programs in achieving this mission.

Critical thinking should therefore be treated as an integral part of education rather than as an optional component of the teaching process (Lévesque, 2008). Given the number of students who go through our schools, teachers could eventually affect the critical thinking skills of an entire society. According to the standards of the (Anon 2011), teachers should be proficient in "instructional strategies for students' development of critical thinking, problem

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solving and performance skills" (p. 20).

However, it is unlikely that teachers will promote students' critical thinking unless teachers themselves become skilled critical thinkers.

Studies over the past two decades have provided a common understanding of the characteristics of a critical thinker. Researchers have agreed that critical thinking shapes a whole set of skills, tendencies, and habits to develop critical thinkers (Pithers and Soden, 2000). According to (Szabo and Schwartz, 2011) thinking is a skill that can be developed through education because it is a basic skill of human beings. (Furness et al, 2017)demonstrated that the teacher is the basic element facilitating thinking and learning in a classroom environment, and teachers—as central role models for students—should show case with their own behaviors the skills they want students to acquire(Piro and Anderson, 2015). (Ford and Yore, 2012) argued that teachers’ behaviors are more influential in the development of critical thinking than direct instruction of critical thinking. (van der Zanden et al, 2020) stated that teachers must be supported with their continuous professional development in terms of critical thinking behaviors and agreed that teachers can only set an example for students to be critical thinkers by being critical thinkers themselves.

Several lines of studies suggested that (EalesReynolds et al, 2017; Muskita, Subali and Djukri, 2020; Plotnikova and Strukov, 2019) critical thinking is a product, a level reached by the thinking that a natural way to interact with the ideas and information.

(Howard, 2003a)development and learning are in constant interaction which is achieved assimilation and immediate adaptation. (Roschelle et al, 2000b) conclude that children construct mental structures that are generated by the internalization of actions with objects. By assimilation a correlate object existing scheme and by adapting changes its schema as the object.

Discovery and action on new working process of assimilation and accommodation, and understanding occurs only when these processes are in balance. The child is trying to find meaning to the events and the world around him, and the adult has the task of creating opportunities for research and exploration, to provide emotional support, security and encourage knowledge.

Socio-cultural learning theory of Lev Vygotsky is the central idea of proximal development that you need to identify the immediate vicinity of the current development. In the current development, the children independently solve problem situations, the zone of proximal development work tasks and action is complicated because it

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requires action or knowledge which assimilated.

With a little help from an adult / teacher, the child gets to solve the problem. Together, these studies indicate that constructivist theories focus on cognitive development, harnessing the potential hereditary by "building" the right environment Children are encouraged to use their physical and intellectual capacities to actively interact with the environment and act on it.

Many recent studies (Behar-Horenstein and Niu, 2011a; Miri et al, 2007; Williams, 2005a)show that teaching behaviors which develop critical thinking skills were found rare in primary schools. This was a surprising finding, given that the courses in teacher education were an introduction to a profession that values critical inquiry. (Howard, 2003a)reported in his research that teacher education programs provide many courses that students engaged in much activity which rarely included critical inquiry For the last three decades research (Bundu, Ahmad, and Muhajir, 2018; Hager, 2003; Kong, 2014) has investigated how teachers and their behaviors effected student’s success and their behaviors in the classroom and in the social life.

Several investigations of critical thinking(Elyas and Al-Zahrani, 2019; Kong, 2014; Mulnix, 2012) have identified teachers, specifically primary school teachers, are expected to be critical thinkers, or able to teach critical thinking skills so that they can improve their students’ higher order thinking level. The findings of Erikson and Erikson’s, (2019) reported that teachers with a high level of critical thinking often teach critical thinking to their students through various teaching methods, changing their learning activities differently, as well as their higher-level thinking skills. It has also been observed that the application skills have increased as well.

Ennis (2018) argues that although the curriculum of a primary school was design to influence the teachers to focus on subject-matter content when teaching, they can develop the critical thinking skills of their students by generalizing their abilities. If the teachers have critical thinking skills, even though they are offered little help to

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encompass the critical thinking, they can achieve the notion of higher order thinking in their classrooms (Dekker, 2020; Huber and Kuncel, 2016). Teachers can develop a variety of clear, accurate presentations and representations of concepts, using alternative explanations to assist students' understanding and presenting diverse perspectives to encourage critical thinking. The primary school teachers can also use multiple teaching and learning strategies to engage students in active learning opportunities that promote the development of critical thinking, problem solving, and performance capabilities and that help students assume responsibility for identifying and using learning resources. Taken together, these studies support the notion that primary school teachers need to use supporting critical thinking skills so that they can sharpen their students’ critical thinking skills.

Methodology This section presents information about the research model, study group, data collection tools, data collection and analysis.

Research Model Different researchers have investigated critical thinking in a variety of ways. Since the purpose of this study is to describe an existing situation, namely the educational needs of primary school teachers in supporting critical thinking, a survey model based on a quantitative research paradigm was used. The survey model is a research model that allows the researcher to describe a past or existing situation of the research subject without trying to change or affect it (Tashakkori and Creswell, 2007).

Participants The participants of the study consisted of 48 teachers working in public and private primary schools in Erbil, Iraq. The participant teachers have taught Kurdish, Mathematics, Social Studies, and Science, and they participated voluntarily in the study. The demographic information of the participants is given in Table 1.

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192 Table 1.

Demographic Information of Teachers in the Research Group.

Sex

Branch

N 36 12 48

Female Male Total

Kurdish Science Mathematics Class Social Science Total

N 4 4 6 30 4 48

As seen in Table 1, most participants in the study were female teachers. Most participants were class teachers, while the rest were subject teachers (Kurdish, Mathematics, Social Studies, and Science).

Instruments The researcher conducting the monitoring study prioritized observing and documenting the data properly during collection. The most important feature of the observation that it provides direct access to data by examining an event, phenomenon, or behavior in a normal environment. Since an individual may behave differently if they are in an artificial situation, the necessity of observing behaviors in a natural environment is a basic premise. Observation is frequently used in needs analysis because it provides the researcher with the opportunity to focus on which opinions are most important in the program development process. As such, an observation form, which was prepared in line with the purpose of study, was chosen as the data collection tool.

The observation form was created based on the dimensions outlined in the "Teacher Behaviors Supporting Critical Thinking Inventory" (Alper, 2010). While creating the observation form, the opinions of program evaluation, and language experts were taken. Items were selected that were considered to represent the broadest scope of dimensions of critical thinking. Each statement in the observation form was categorized as "observed" or "not observed," and the answer section was scored as ‘0’ for not observe, ‘1’ for observed. In order to measure the reliability of the observation form, five teachers' lessons were observed in a public primary school (classroom teaching) and secondary school (Kurdish, social

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studies, classroom and science branches) from beginning to end for two lesson hours each for a total of 10 lesson hours. After making the necessary corrections to the form, expert opinion was consulted, and the observation form was finalized within the framework of the feedback received.

The observation form included the dimensions of open-mindedness (OM), questioning of accuracy/reliability of information (QARI), reasoning regarding causes/evidence (RCE), ability to ask high-level questions (AHLQ), and openness (O). The form had a total of 28 indicators for the dimensions. To observe teachers' in-class practices, two lesson hours (90 minutes total) of in-class observation were undertaken for each teacher. Classroom observations were completed for 48 teachers for a total of four weeks (20 working days).

Data Analysis The descriptive statistics (frequency, percentage, arithmetic mean and standard deviation scores) of the obtained data were calculated by transferring the numerical data of the observations to the SPSS 22 program. After the statistical analysis of the data, the results were interpreted.

Findings This section presents the findings regarding the question, "What are the training needs of teachers regarding Teacher Education Program Supporting Critical Thinking " using the descriptive statistics of teachers' behaviors that support critical thinking and the descriptive statistics of their behaviors in all dimensions.

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Table 2.

Descriptive Statistics of Teachers' In-Class Observation Results.

Observation points

N

Min.

Max

X

SS

Std. Deviation

48

6

22

10.35

2.680

.599

Table 2 presents descriptive statistics regarding behaviors that support critical thinking in the 24 participants’ classroom practices. As seen in the table, the average score for behaviors showing critical thinking in the classroom is 10.35. The highest obtainable score was 28, while the lowest

score was 0. The lowest received point was 6 and the highest point was 22. When considering that there were 28 indicators, none of the teachers received a full score. According to these findings, participants did not show a sufficient level of behaviors supporting critical thinking.

Table 3.

Descriptive Statistics Regarding the Level of Teachers' Behaviors Supporting Critical Thinking in Every Sub-Dimension.

Dimensions OM QARI RCE AHLQ O

N 48 48 48 48 48

Number of Behaviors 6 5 6 6 5

Minimu m points 0 0 3 0 0

Maximum Points 6 3 5 6 4

Table 3 illustrates that, on average, one third of teachers’ behaviors supported critical thinking.

In other words, participants showed only one or two out of the five to six critical thinking support behaviors included in each sub-dimension. In light of the research findings, it can be concluded that participants’ classroom practices did not display a sufficient level of behaviors that support critical thinking for the dimensions of

X 1.800 .800 4.700 1.150 1.900

STD. Deviation .257 .247 .218 .220 .239

SS 1.151 1.105 .978 .988 1.071

OM, QARI, RCE and AHLQ. Despite low scores in these dimensions, teachers did adequately demonstrate behaviors that support critical thinking in the ‘O’ dimension.

Table 4 presents the descriptive statistics of teachers' level of behaviors belonging to the dimension of OM.

Table 4.

OM Behaviors.

Dimensions of Supporting Open-mindedness 1. Chose verbal, written or visual materials that would enable students to view events, opinions, or thoughts from different angles 2. Carried out activities to question ideas accepted by the majority of the society 3. Allowed students who thought differently from the majority to defend their views 4. Carried out learning experiences that would enable students to realize that when evidence or reasons change, it is a natural process for opinions to change 5. Praised students who considered the opinions of different people when making a decision 6. Included information or opinions that would enable students to confront their prejudices

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N

Min.

Max.

X

SD

48

0

1

0.75

0.44

48

0

1

0.29

0.46

48

0

1

0.7

0.46

48

0

1

0.33

0.48

48

0

1

0.33

48

48

0

1

0.16

0.38

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193

194 As seen in Table 4, the average scores of teachers regarding the frequency of showing behaviors in the OM dimension ranged from .75 to .16.

According to these findings, the most common behavior of teachers in this dimension was "Chose verbal, written or visual materials that would enable students to see events, opinions, or thoughts from different angles" (X = .75); the

least common behavior was "Included information or opinions that would enable students to face their prejudices" (= .16).

Table 5 contains descriptive statistics regarding the frequency of teachers' behaviors related to AHLQ.

Table 5.

Descriptive Statistics Regarding Teachers' Level of Demonstrating AHLQ Behaviors.

Dimensions of Supporting Ability to Ask High-Level Questions 1. Rewarded students who asked high-level questions as well as students who answered questions 2. Rewarded well-thought-out questions asked by students 3. Acted as a role model for students by asking questions that would encourage high-level thinking in the teaching process 4. Informed students of how to create well-thought-out questions 5. Encouraged students to ask each other questions The average values of the frequency of teachers' behaviors in the AHLQ dimension were between 𝑋 = .20 and 𝑋 = 0. According to these scores, the most common AHLQ behavior was "Encouraging students to ask each other questions" (X = ̅ .20), while the least common

N

Min.

Max.

X

SD

48

0

1

0.16

0.38

48

0

1

0.16

0.38

48

0

1

0.12

0.33

48 48

0 0

1 1

0 0.2

0 0.41

behavior was " Informed students of how to create well-thought-out questions " (X ̅ = 0).

Table 6 contains descriptive statistics on the frequency of teachers' behaviors belonging to the O dimension.

Table 6.

Descriptive Statistics Regarding the Level of Teachers' O Behaviors.

Dimensions of Supporting Openness 1. Created a classroom environment where students could ask for concepts or definitions to be explained 2. Encouraged students to voice explanations or solutions that were not understood 3. Gave concrete examples to students to clarify subjects or concepts they did not understand 4. Helped students to clarify definitions or concepts with concrete examples 5. Restated students' views in different words to avoid misunderstandings 6. Checked whether the views, information and discussions shared in the classroom were understood by all students As per Table 6, the average values of the frequency of teachers' behaviors in the O dimension were between 𝑋 ̅ = 1 and 𝑋 ̅ = .87.

These findings show a high frequency of teachers' demonstrating behaviors to support critical thinking in the O dimension.

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N

Min

Max

X

SD

48

1

1

1

0

48

0

1

0.9

0.3

48

1

1

1

0

48

1

1

1

0

48

0

1

0.9

0.3

48

0

1

1

0

Table 7 contains descriptive statistics regarding the frequency of teachers' behaviors related to the QARI dimension.

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Volume 10 - Issue 41 / May 2021

Table 7.

Descriptive Statistics Regarding the Level of Teachers' Demonstrating the QARI Behavior.

Dimensions of Supporting Questioning the Accuracy/Reliability of Information 1. Informed students of how to access reliable information 2. Asked questions to assess whether students noticed inconsistencies in an opinion or information 3. Organized activities in which students question the accuracy of the information they accessed from different sources 4. Assigned group work to prompt students to question the accuracy of their answers by discussing them with peers 5. Informed students of the reliability of information sources 6. Created discussions in which students could challenge the credibility and accuracy of others’ opinions As seen in Table 7, the average values of the frequency of teachers showing behaviors in the QARI dimension varied between .54 and .08.

According to the scores, the most common behavior of teachers was "Asked questions to

N

Min.

Max.

X

SD

48

1

1

0.2

0.41

48

0

1

0.54

0.5

48

0

1

0.16

0.38

48

0

1

0.12

0.33

48

0

1

0.04

0.2

48

0

1

0.08

0.4

assess whether students noticed inconsistencies in an opinion or information" ( .54).

Table 8 shows descriptive statistics on the frequency of teachers' behaviors related to the RCE dimension.

Table 8.

Descriptive Statistics Regarding Teachers' Level of Demonstrating RCE Behavior.

Dimensions of Supporting Reasoning Regarding Causes/Evidence 1. Chose issues, themes, or problems that allow an opinion to be defended on different grounds 2. Conducted studies for students to evaluate whether the reasons in a text or speech were persuasive 3. Assigned groups requiring students to defend an argument 4. Asked students to explain the reasons behind their views 5. Organized events to question cause-andeffect relationships, evidence, and assumptions regarding controversial issues such as discrimination, war, blood feuds, honor killing

N

Min.

Max.

X

SD

48

0

1

0.12

0.33

48

0

1

0.37

0.49

48

0

1

0.33

0.48

48

0

1

0.95

0.2

48

0

1

0.04

0.2

The average values of the frequency of teachers' showing behaviors in the RCE dimension varied between .95 and .04. According to the scores, teachers’ most common behavior was "Asked students to explain the reasons behind their views" (.95).

Results and Discussion This study examining the educational needs of primary school teachers regarding behaviors that support critical thinking revealed that teachers need training in supporting critical thinking behaviors. While critical thinking is one of the basic skills that should be acquired by students in primary education programs, teachers showed a http:// www.amazoniainvestiga.info

significant deficiency in showing behaviors that support critical thinking in the classroom.

Moreover, there is no material in the training programs of teacher training institutions nor an in-service training program by the Ministry of National Education in KRI that addresses behaviors teachers can adopt to support critical thinking. Studies have shown that the most important factor in teaching critical thinking is teachers (Elyas and Al-Zahrani, 2019; Kong, 2014), who include practices that develop critical thinking in their lessons produce students with greater academic achievements (Anazifa, 2016; Husamah et al, 2018; Mulnix, 2012; Piro and Anderson, 2015). The best way to train teachers in modeling behaviors that support ISSN 2322 - 6307

195

196 critical thinking is to inculcate them with knowledge and awareness of those behaviors through pre-service and in-service training.

The study demonstrated that teachers are competent in demonstrating ‘O’ dimension behaviors that support critical thinking. This finding broadly supports the work other studies in this area (Howard, 2003b; Lorencová et al, 2019; Walters, 1989.)linking critical thinking and supporting behaviors of critical thinking. In this study examining primary school teachers' behaviors that support critical thinking in the classroom, was concluded that teachers generally showed behaviors that could indirectly or implicitly inhibit negative forms of supporting critical thinking behaviors. In addition, it was revealed that teachers who are responsible for curriculum design and training do not use critical thinking components (skills, tendencies, and attitudes supporting critical thinking behaviors) in their classrooms and exhibit behaviors that prevent students from critical thinking.

The study also found that teachers did not sufficiently show QARI behaviors. One of the most important characteristics of a critical thinker is "deep curiosity" (Lunenburg, 2011), and one of the teacher behaviors that supports critical thinking is that the teacher is curious about information, questions information, and encourages students to be curious. In critical thinking trends and studies (Yang and Wu, 2012), the common denominator of critical thinking for pre-service teachers is teachers' tendency to assume the accuracy of information without investigating it. This behavior was reflected in the fact that teachers received low scores in the QARI dimension.

Another result of the study revealed that teachers did not sufficiently show behaviors that support AHLQ behaviors. This finding coincides with the conclusions of previous studies that teachers mostly ask questions based on memorization and do not include questions that require high-level thinking (Eales-Reynolds et al, 2017; Hunaidah et al, 2018; Mulyono, 2018; Plotnikova and Strukov, 2019). Additionally, the study found that teachers did not show sufficient behaviors in support of the OM or RCE dimensions. Openmindedness is one of the most distinctive features of critical thinking, and it is equally important that teachers ask questions that improve students’ higher-level thinking skills and require students to provide sufficient evidence in support of their answers.

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In studies on the determinants of critical thinking in the classroom environment teacher behaviors in the classroom are among the most critical elements in supporting critical thinking among students. Based on the above-described results, which are similar to previous research findings (Bundu et al, 2018; Hager, 2003; Kong, 2014) regarding critical thinking in the classroom the imperative of training teachers in critical thinking is clear. Only teachers who have critical thinking skills that they apply in the classroom will be able to train students to think critically as well (Anderson et al, 2001; Behar-Horenstein and Niu, 2011b; Mulyono, 2018; Roschelle et al, 2000b) Conclusions According to the results of this study, primary school teachers need to be trained regarding OM, AHLQ, QARI, and RCE in order to support critical thinking in the classroom. Considering the role of teachers in shaping students' thinking styles, the quality of the behaviors that teachers exhibit in the classroom is of the utmost importance.

In the light of the findings, the following suggestions are made: 1.

2.

3.

4.

A teacher training program to supporting critical thinking should be developed based on the training needs of teachers.

This research is based on quantitative research. Future research could use a case study method based on a qualitative research paradigm to examine teachers' behaviors that support critical thinking.

Different school types and different levels can be studied to understand teachers’ needs regarding behaviors that support critical thinking.

This study was conducted in a single private school and within a certain period of time due to the limitations of each research.

Broader studies can be conducted to allow longer-term, more in-depth observations to be made using the participatory observation method.

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DOI: https://doi.org/10.34069/AI/2021.41.05.20

Constitutional guarantees of the right to work due to the COVID-19 pandemic Конституційні гарантії права на працю в умовах пандемії COVID-19 Received: May 3, 2021

Accepted: June 8, 2021

Written by: Yuliia Chupryna69 https://orcid.org/0000-0002-7394-4227 Alina Murtishcheva70 https://orcid.org/0000-0001-6520-7297 Danylo Kravtsov71 https://orcid.org/0000-0003-4110-7181 Olena Poproshaieva72 https://orcid.org/0000-0002-3910-964X Kateryna Zakomorna73 https://orcid.org/0000-0001-9124-9570 Abstract

Анотація

In the conditions of proper functioning of society, the settlement of labor relations is a remarkably relevant issue, especially during global crises and shocks. Significant changes in the regulation of this issue in almost all countries have introduced the initiation of quarantine due to the quarantine regime. Fulfilling the duty of states to guarantee the protection and realization of the right to work in special conditions is a priority in ensuring the proper functioning of human life. The object of the study is the constitutional guarantees of the right to work due to the quarantine regime. The purpose of the work is to analyze the constitutional guarantees of the right to work in a COVID-19 pandemic.

During the study, the following methods were used: historical, generalization, formal-legal, analysis of normative documents, articles, and monographs, comparative-legal, and the sociallegal experiment. As a conclusion of the study, the peculiarities of the transformation of constitutional rights in the context of the Covid19 pandemic were analyzed. In addition, the results of the analysis of regulations and opinions of several scientists established an extensive system of guarantees of the right to work, clarified problematic issues in the field of

В умовах належного функціонування суспільства надзвичайно важливим питанням є врегулювання трудових відносин, особливо під час глобальних криз та потрясінь. Значні зміни щодо регулювання цього питання в майже усіх країнах світу внесло запровадження карантину внаслідок пандемії COVID-19. Виконання обов’язку держав з гарантування захисту та реалізації права на працю в особливих умовах є пріоритетним у забезпеченні нормального функціонування життєдіяльності людей. Об’єктом дослідження є конституційні гарантії права на працю в умовах пандемії COVID-19. Метою роботи є аналіз конституційних гарантій права на працю в умовах пандемії COVID-19. Під час проведеного дослідження використовувалися такі методи як: історичний, узагальнення, формально-юридичний, аналізу нормативних документів, статей та монографій, порівняльно-правовий, та соціально-правового експерименту. В результаті проведеного дослідження проаналізовано особливості трансформації конституційних прав в умовах пандемії Covid19. Крім того, результатами аналізу нормативно-правових актів та думок низки науковців встановлено розгалужену систему гарантій права на працю, з’ясовано проблемні

69

Head of the Research Department, Yaroslav Mudryi National Law University, Kharkiv, Ukraine.

Ph.D., Assistant Lecturer at the Department of State Construction, Yaroslav Mudryi National Law University, Kharkiv, Ukraine.

71 PhD in Law, Associate Professor of the Department of Labor Law Department of Yaroslav Mudryi National Law University, Kharkiv, Ukraine.

72 PhD in Law, Associate Professor of the Department of State-Bilding, Yaroslav Mudryi National Law University, Kharkiv, Ukraine.

73 PhD in Law, Associate Professor of the Department of State-Bilding, Yaroslav Mudryi National Law University, Kharkiv, Ukraine.

70

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199

Chupryna, Y., Murtishcheva, A., Kravtsov, D., Poproshaieva, O., Zakomorna, K. / Volume 10 - Issue 41: 199-210 / May, 2021

ensuring the right to work in a pandemic COVID-19.

питання у сфері забезпечення права на працю в Україні в умовах пандемії COVID-19.

Keywords: constitutional guarantees, right to work, employer, employee, labor relations.

Ключові слова: конституційні гарантії, право на працю, роботодавець, працівник, трудові відносини.

Introduction The end of 2019 was a challenge for the world.

Humankind has faced a new test in the form of a coronavirus pandemic, which has made adjustments in all areas of human life. Such adjustments have become crucial for the state, businesses, and employees.

The right to work is one of the fundamental human rights established by international legal acts and recognized by all countries. This right belongs to the group of socio-economic rights and, in a general sense, reflects the need of man to create and acquire sources of livelihood and family, realize his creative potential, and express his/her personality. The right to work and protection against unemployment is proclaimed by the Universal Declaration of Human Rights (United Nations, 1948), the International Covenant on Economic, Social and Cultural Rights (United Nations, 1966), the Conventions, and Recommendations of the International Labor Organization (1964, 1988). At the European level, the right to work is established by the European Social Charter signed by Ukraine upon accession to the Council of Europe (1961) Of particular value, for the recognition and protection of the right to work, is the activity of the International Labor Organization (hereinafter – the ILO). During the years of its existence since 1919, the ILO has adopted a large number of recommendations on various labor issues.

Therefore, the right to work as the most significant element of socio-economic relations in the fight against a dangerous disease, from which no one is insured, requires a clear definition of guarantees that allow it to be used effectively. During the pre-quarantine period, the state created a system of legally established principles, which are the basis for ensuring all the rights of citizens. The COVID-19 pandemic forced adjustments to the state's legal framework.

Consequently, all states have undergone transformations in the field of ensuring the right to work. Ukraine, as a sovereign and independent, democratic, social, and legal state,

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has not become an exception in ensuring the fulfillment of the rights and responsibilities of citizens.

Hence, several new normative legal acts were adopted, and existing norms were amended. For example, the resolution of the Cabinet of Ministers of Ukraine "On prevention of the spread of coronavirus COVID-19" (Resolution No. 211, 2020) introduced quarantine in Ukraine; the legal regulation of labor relations in quarantine is provided by the Law of Ukraine "On Amendments to Certain Legislative Acts Of Ukraine, aimed at providing additional social and economic guarantees in connection with the spread of coronavirus disease (COVID-19)" (Law No. 540-IX, 2020), the Law "On amendments to some legislative acts of Ukraine aimed at preventing the occurrence and spread of coronavirus disease (COVID-19)" (Law No. 530-IX, 2020), etc.

In addition, more and more companies and government agencies have switched to remote work. Thus, the employer received the right to instruct employees to perform work remotely (at home) if it does not contradict the nature and characteristics of the duties of employees. Also, this option is acceptable if the employee can perform other work, which, although it can not be performed online, still does not require a personal presence in the workplace. To declare such work, the employer must accept the relevant order of the enterprise and indicate to whom it will apply (which positions/departments, etc.).

All employees affected by the order must be familiar with it. The consent of employees to transfer to this mode of operation during quarantine is not required. According to the adopted Laws of Ukraine No. 530-IX of 2020 and No. 540-IX of 2020, remote work was legalized, and the employer has the right to instruct employees to work remotely only on its initiative. But employees following longstanding rules of Art. 139 of the Labor Code of Ukraine (Law No. 322-VIII, 1971) are obliged to comply with the instructions of the employer.

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The same innovations have been imported abroad.

Given the changes in the implementation of the constitutional right to work, it is necessary to investigate the implementation of the constitutional right to work due to the Covid-19 pandemic and the peculiarities of the regulation of labor rights.

Theoretical Framework Primarily, it is worth to pay attention to the works of Yakymenko (2006), and Lukyanova & Zaitseva (2021), in their work, analyzed the legal mechanisms of protection of labor and social rights of workers. As a result of the study, the researchers found that the crisis caused by COVID-19 initiated significant changes in the labor market of the world and Ukraine. Thus, according to new data from the International Labor Organization, more than 1 billion people worldwide will suffer financially, as the coronavirus pandemic has a negative impact on job retention and staff salaries. During the corona crisis, trade unions try to protect the rights and interests of trade union members as effectively as possible. The workers, who are members of trade unions (as well as those working in the trade, culture, transport, and social services) have been hit hardest by the epidemic. Workers in these industries are at high risk for coronavirus because their health and safety in the workplace or workplace depend on multiple and unprotected contacts with people (including sick people). In addition, at the beginning of the pandemic, workers in these industries were not provided with the means of protection and information and were subject to quarantine restrictions. At the very moment, millions of workers in other trade unions working in production that has completely or partially stopped, and especially affected workers with unstable jobs (fixed-term employment contracts), are also subject to lockdowns and quarantine restrictions. First of all, it is the sphere of culture, entertainment, public catering. Complicating the situation is the age limit, as older workers at risk of a pandemic lose their jobs, wages, and livelihoods and suffer from declining incomes as their workload increases. Some workers do not have access to social protection or legal support, seek legal advice from trade union inspectors, or are unaware of this possibility. Also, researchers found that the Government of Ukraine (from the beginning of quarantine) focused on solving problems to prevent the spread of coronavirus and the ever-increasing burden on the health care system, disease prevention, and immunization,

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introduced certain tax benefits, accelerated the registration of unemployed, to persons – entrepreneurs. Also, measures to preserve jobs and the labor market are clearly insufficient, as evidenced by statistics on rising unemployment since the beginning of quarantine.

Besides, Radchuk (2021) examined how employment changed after quarantine in Ukraine in 2021. Thus, the researcher analyzed that, in some countries, with a high standard of living, the government is increasingly concerned about improving the emotional state of citizens, which helps to strengthen family relationships by reducing working hours. In Denmark, for example, a working week lasts an average of 37.5 hours. And in February 2021, the Spanish government approved a national pilot project, which provides for the introduction of a 4-day working week in the country (the experiment will last three years). The government is allocating 50 million euros to support those companies participating in the pilot project and reducing the working week to 32 hours. It is noteworthy that, at the same instant, they do not reduce the salaries of employees. The management of large companies in different parts of the world, which have introduced a 4-day working week, emphasize the positive consequences of such decisions: according to their observations, it helps increase productivity, reduce the company's electricity costs, and employees feel less tired and nervous. Regarding Ukraine, the author expresses the position that in Ukraine, in conditions of labor poverty, when a person has a job but it is still in a difficult economic situation, a 4-day working week will not have positive results because Ukrainians naturally lack the means to live a full life. Therefore, it is not so much about changes in the schedule and workload, but about increasing the efficiency of employees and, as a consequence, the growth of their income. In addition, such a schedule can contribute to the development of social frustration. Another reason why it is too early to talk about a full-scale transition to a new model of working time organization is that Ukrainians are often paid not for the result but the number of hours worked. Of course, even today everyone can find vacancies, where employees are offered to work for four days.

Additionaly, it should be mentioned, that Svitailo (2020) investigated topical issues of employer liability for illegal dismissal of an employee in the context of the SARS-COV-2 coronavirus pandemic. Thus, in his work, the author pointed out that in an unstable financial situation, employers often overlook the rights of

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202 employees, forcibly dismissing them, not paying wages, and generally neglecting the social rights of employees. To avoid such violations, it is necessary to inform the population about the rights and, in case of violations, to encourage them to apply to the State Labor Office.

Further, a particular attention should be paid the work of Spitsyna (2013), who studied the constitutional and legal guarantees of labor rights of foreigners and stateless persons in Ukraine.

Thus, the author clarified the mechanisms of protection of labor rights of foreigners, examined the algorithm of actions in detecting violations, and proposed adequate measures to prevent and stop violations of the rights of foreigners in a pandemic.

It is worth noted the study of Ivanov & Livshits (1982), and Knyazev (1988). Thus, in their works, studied the formation of personality in labor law, the peculiarities of enshrining labor rights in the constitution and international legal acts, as well as focused on the mechanism of guaranteeing the rights and freedoms of citizens, including ensuring the right to work.

Methodology To reveal the research topic, the following methods were used: historical, generalization, formal-legal, analysis of normative documents, articles, and monographs, comparative-legal, and the social-legal experiment.

Therefore, the historical method was used to clarify the development of legislation in the field of guaranteeing the right to work. Thus, the rapid growth of legislation governing the right to work by establishing norms at the international level and their further implementation by individual states has been established. Ukraine is no exception, having ratified some international instruments, such as the Universal Declaration of Human Rights of 1948, the European Social Charter of 1961, the conventions of the International Labor Organization, in particular, On Employment Policy of 1964, On Employment Promotion and Protection from unemployment of 1988.

Besides, the method of generalization allowed us to draw conclusions about the state of the system of ensuring rights in the field of labor relations during the pandemic COVID-19. Thanks to this method, the main issues concerning the provision of labor rights in the context of the introduction of quarantine restrictions, including the implementation of the right to work through the

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introduction of teleworking, security measures, etc. were summarized.

The formal-legal method is applied to justify the need to constantly improve labor legislation.

Also, this method lets to formulate the main definitions of the concepts of the constitutional right to work.

By using the method of analysis of normative documents, articles, and monographs, the necessary information was taken as a basis for a further detailed explanation of key provisions.

Thus, the provisions of the Universal Declaration of Human Rights, the International Labour Organization (ILO) Convention No. 122 “On Employment Policy”, the ILO Convention No. 168 “On Employment Promotion and Protection against Unemployment”, the European Social Charter (1961), the Constitution of Ukraine (Law No. 254к/96-ВР, 1996), the Criminal Code of Ukraine (Law No. 2341-III, 2001), the Labor Code of Ukraine (Law No. 322-VIII, 1971), Code of Ukraine on Administrative Offenses (Law No. 8074-10, 1984), On Amendments to Certain Legislative Acts Aimed at Providing Additional Social and Economic Guarantees in Connection with the Spread of Coronavirus Disease (COVID-19) (Law No. 540-IX, 2020), On Protection of the Population from Infectious Diseases, (Law No. 1645-14, 2000), On Amendments to Certain Legislative Acts of Ukraine Aimed at Preventing the Occurrence and Spread of Coronavirus Disease (COVID-19) (Law No. 530-IX, 2020), etc.

Furthermore, the comparative-legal method allowed to compare the domestic practice of guaranteeing the right to work and foreign experience on the example of France, Japan, and Germany. Almost all countries have done everything possible to stop the spread of coronavirus infection and ensure their citizens a normal life in the new conditions.

Finally, the method of the socio-legal experiment was used to assess data on the quantitative change in employment in Ukraine during the COVID-19 pandemic. In addition, this method has made it possible to forecast future trends and challenges in ensuring the constitutional right to work.

Results and Discussion International experience in regulating the issue of ensuring the right to work due to the COVID19 pandemic

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Regarding the legislation of foreign countries, it should be noted that changes have been made to the legal regulation of labor relations. In Germany, in particular, the following elements can be identified: guaranteeing safe working conditions by organizing the workplace, ventilation, minimizing psychological stress due to coronavirus, instruction, and active communication, which includes the right of the employer to know about cases of illness at work and to carry out preventive occupational safety, in particular by measuring the temperature, home office or remote work outside the employer's premises, extension and reduction of working hours – in emergencies public laws on working hours allow deviations from the general rules on maximum working hours, breaks, periods of rest and work on Sundays and holidays, protection of wages in case of coronavirus, which consists of wages during illness with COVID-19 for 6 weeks.

The above provisions are contained in the Act on the Implementation of Measures of Occupational Safety and Health to Encourage Improvements in the Safety and Health Protection of Workers at Work (Act ArbSchG, 1996), Law on the payment of wages on public holidays and in the event of illness (Continued Remuneration Act) (Law Entgeltfortzahlungsgesetz, 1994), etc.

(Khreshatuk, 2010).

In Japan, there are subsidies for the pandemic period, which can be obtained by submitting an application to the appropriate government agency. Such subsidies are provided in the amount of up to 80% for small and medium enterprises and 66% for large enterprises (Nippon: a modern view of Japan, 2021).

With the beginning of the pandemic in France, the Emergency Law on Combating the COVID19 epidemic was passed. A distinctive feature of guaranteeing the right to work in France is the state's compensation of part of the salary.

Simultaneously, the employer is not released from the obligation to pay money to its employees (Mind, 2021).

Despite all the measures taken to stabilize labor in all countries, the unemployment rate rose significantly during the pandemic, which is an inevitable process in today's economy. Thus, in the first quarter of 2020, more than 500,000 cases of layoffs were recorded in France. This is evidenced by data from the National Institute for Statistics and Economic Research of France (Mind, 2021). During the same period, the

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unemployment rate in Germany increased to 5.8% (Romashenko, & Dumanska, 2020).

Japan is no exception to the negative impact of the pandemic on the labor market. For the first time in 11 years, the unemployment rate rose to 2.8% as of 2021 (Nippon: a modern view of Japan, 2021).

General provisions on the right to work in Ukraine The main provisions that first declared the right to work at the international level are contained in the 1948 Universal Declaration of Human Rights. The document states that "everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment."

Further cooperation of states in the field of settlement of labor rights as one of the most important in socio-economic relations has led to the emergence of a number of international legal acts. These include, in particular, the following:    

International Covenant on Economic, Social and Cultural Rights of 1966; European Social Charter of 1961; ILO Convention No. 122 "On Employment Policy" of 1964; ILO Convention No. 168 "On the Promotion of Employment and Protection against Unemployment" of 1988, etc.

The above documents contain several basic concepts regarding the very definition of the right to work (Article 6 of the International Covenant on Economic, Social and Cultural Rights (1966) "... the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right …"), the obligation of states to ensure the effective exercise of the right to work (Part 1 of Article 1 of the European Social Charter "… to accept as one of their primary aims and responsibilities the achievement and maintenance of as high and stable a level of employment as possible, with a view to the attainment of full employment…"), the focus of public policy on promoting full, productive and freely chosen employment (Part 1 of Article 1 of the ILO Convention No. 122), the definition of methods of promoting employment including social security, training, and career guidance, activities of employment services (Section V of the ILO Convention No. 168), etc.

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204 It should be mentioned that the above-mentioned international instruments are of a recommendatory nature to their member states.

However, by implementing the provisions of the above documents, most countries have made it mandatory to comply with the provisions on the right to work. Thus, the Constitution of Ukraine (Law No. 254к/96-ВР, 1996) proclaims the basic principles of labor regulation contained in Art. 43, 45, 46, 48, 53, etc.

Disclosing the content of the articles of the Basic Law, it is possible to follow a clear adherence to the norms enshrined in international instruments relating to the regulation and protection of the right to work and other human rights arising from it. Accordingly, in art. 43 of the Constitution of Ukraine establishes that everyone has the right to work, which includes the opportunity to earn a living by work, which he freely chooses or freely agrees to. Hence, the Constitution of Ukraine has defined the content of the right to work under international standards, and freedom of labor is one of the principles of labor law of Ukraine.

All other articles of the Basic Law logically continue to reveal the meaning of the term "labor" and all the relationships arising from this concept. Thus, the right to rest (Article 45 of the Criminal Code of Ukraine (Law No. 2341-III, 2001)), to social protection (Article 46 of the Criminal Code of Ukraine (Law No. 2341-III, 2001)), to a sufficient standard of living for oneself and one's family, including adequate food, clothing, housing (Article 48 of the Criminal Code of Ukraine (Law No. 2341-III, 2001)) and others, which became the basis for a more detailed explanation in special regulations, in particular, in the following: the Labor Code of Ukraine of 1971; Laws of Ukraine: On remuneration of labor (Law No. 108/95-ВР, 1995), On labor protection (Law No. 2694-XII, 1992, On leave (Law No. 504/96-ВР, 1996), On collective agreements (Law No. 3356-XII, 1993), On the procedure for resolving collective labor disputes (conflicts) (Law No. 37/98-ВР, 1998), etc.

The set of analyzed international and domestic norms, which relate to the obligation of the state to ensure the realization of citizens' rights in general and in the field of labor relations in particular, it is possible to identify the following mechanisms of the constitutional guarantee of human rights in Ukraine (following the Constitution of Ukraine (Law No. 254к/96-ВР, 1996)):

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 











proclamation of Ukraine as a social, legal state (Article 1 (Law No. 254к/96-ВР, 1996)); a person is recognized in Ukraine as the highest social value, human rights, and freedoms, and their guarantees determine the content and direction of the state (Article 3); the principle of the rule of law is recognized and operates in Ukraine, the norms of the Constitution of Ukraine are the norms of direct action, recourse to the court to protect the constitutional rights and freedoms of man and citizen directly based on the Constitution of Ukraine is guaranteed (Article 8 (Law No. 254к/96-ВР, 1996)); existing international agreements, the binding nature of which has been approved by the Verkhovna Rada of Ukraine, are part of the national legislation of Ukraine (Article 9); constitutional rights and freedoms are guaranteed and cannot be revoked when adopting new laws or amending existing laws, the narrowing of the content and scope of existing rights and freedoms is not allowed (Article 22 (Law No. 254к/96-ВР, 1996)); citizens have equal constitutional rights and are equal before the law, there can be no privileges or restrictions on the grounds of race, color, political and other beliefs, sex, ethnic and social origin, property status, place of residence, language, or other characteristics (Article 24 (Law No. 254к/96-ВР, 1996)); foreigners and stateless persons legally staying in Ukraine enjoy the same rights and freedoms, as well as bear the same obligations as citizens of Ukraine, - except as provided by the Constitution, laws, or international treaties of Ukraine (Article 26 (Law No. 254к/96-ВР, 1996)), etc.

(Yakymenko, 2006).

By prioritizing the human person as the highest social value, the state has provided a wide range of opportunities to guarantee human rights, which allows citizens to effectively protect their rights.

Features of guaranteeing the right to work in a pandemic COVID-19 During the introduction of quarantine restrictions due to the spread of coronavirus disease, citizens faced some problems, the most notable of which were wages, compensation for forced termination of employment, forced leave, adaptation to new working conditions, etc.

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Ukraine, like most countries, was not ready for sudden changes in the organization of the process of stopping a dangerous disease. Pandemic conditions are forcing states to resort to the use of public coercion, as aggressive action is needed to contain any infectious pathogen, especially an infectious one such as COVID-19 (Kharytonov, Kharytonova, Kolodin, & Tkalych, 2020).

Naturally, such measures are considered temporary and involve the need to control the incidence of COVID-19 (Tkalych, Safonchyk, & Tolmachevska, 2020).

Given the specifics of the disease, which has caused changes in all spheres of human life, the main task was to establish at the legislative level new rules for the functioning of society.

Labor relations have undergone significant changes. Thus, several new regulations and amendments to existing ones were created.

The following was adopted: Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Aimed at Preventing the Occurrence and Spread of Coronavirus Disease (COVID-19)” (Law No. 530-IX, 2020), which prohibits the bodies of state supervision (control) of planned measures for the implementation of state supervision (control) in the sphere of economic activity, in particular in the sphere of labor legislation, regulate the right to grant unpaid leave for the entire period of quarantine; Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Aimed at Providing Additional Social and Economic Guarantees in Connection with the Spread of Coronavirus Disease (COVID-19)” (Law No. 540-IX, 2020) amended Article 60 of the Labor Code of Ukraine (Law No. 322-VIII, 1971) (hereinafter – the Labor Code), which regulates flexible forms of labor organization.

A great innovation of this law is the possibility of remote performance of duties. Until March 17, 2020, remote work was regulated only by the Regulations on working conditions for homeworkers (Resolution of the USSR State Committee for Labor and the Secretariat (the Resolution No. 275, 1981)), which provided a list of grounds on which persons have the priority right to work at home. It was used by women with children under the age of 15, people with disabilities, retirees, and people caring for family members with disabilities or long-term illnesses.

Currently, the Law of Ukraine No 530-IX (2020) provides for the possibility of registration of remote work by the administrative act of the employer for all employees, the Law of Ukraine

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No. 540-IX (2020) regulated remote work by enshrining in the Labor Code, and most importantly, not only for the period of quarantine restrictions cases by agreement of the parties (indicating the mandatory condition: written execution of the employment contract (Articles 24 and 60 of the Labor Code (Law No. 322-VIII, 1971)). For work at home, the employee receives the same payment as when working at the workplace.

In connection with the use of employees for remote work of resources outside the premises of the employer, Article 125 of the Labor Code (Law No. 322-VIII, 1971) provides for compensation. The amount and procedure for payment of this compensation are determined by the employer in agreement with the employee.

You can also arrange for reimbursement for electricity and water, communications and equipment maintenance, etc.

An essential point in the situation of the state's transition to quarantine is to ensure that the employer complies with the requirements of the legislation on the dismissal of employees.

It is no secret that many owners of enterprises, institutions, and organizations in the pandemic have lost considerable income and employees – not only income but also jobs. The latter is of particular interest. Therefore, it is necessary to analyze the regulatory framework for the institution of dismissal at the initiative of the employer.

The Labor Code gives the employer the right to dismiss employees on its initiative on general (Article 40(Law No. 322-VIII, 1971)) and additional (Article 41(Law No. 322-VIII, 1971)) grounds. It should be noted that the introduction of quarantine is not a ground for termination of the employment contract at the initiative of the employer.

Some adjustments, albeit of a recommendatory nature, were made by the resolution of the Cabinet of Ministers of Ukraine "Some issues of ensuring the labor rights of civil servants, employees of state bodies, enterprises, institutions and organizations during the quarantine in connection with the aggravation of the situation associated with the spread of acute respiratory disease COVID-19 caused by coronavirus SARS-CoV-2" (Resolution No. 256, 2020). Thus, the Government suggested that employers refrain from dismissing employees on the grounds set out in paragraphs 3–5 of the first

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206 part of Article 40 of the Labor Code (Law No. 322-VIII, 1971).

Thus, no changes were made to the labor legislation governing the dismissal of due to quarantine throughout Ukraine. In case of loss of work or part of wages, the state amended Article 47-1 of the Law of Ukraine "On Employment" (Law No. 5067-VI, 2012) provided for the provision of partial unemployment benefits by employees of the state employment service in case of loss of part of wages due to forced reduction of statutory working hours in connection with the suspension (reduction) of production without termination of employment with the company, and employees relations with employers from among the subjects of small and medium business due to the suspension (reduction) of their activities for the period of quarantine. Moreover, amendments were made to the Law of Ukraine "On Compulsory State Social Insurance in Case of Unemployment" (Law No. 108/95-ВР, 2000), which stipulates that for the period of quarantine unemployment benefits may be paid without a personal visit to the Employment Center (provided they confirm their intention to remain in the status unemployed by any means of communication (telephone, electronic means, etc.)).

Despite the stability of the norms concerning the dismissal of employees and the independence of their grounds, according to the State Employment Service, as of August 31, 2020, the number of registered unemployed in Ukraine was 477.7 thousand citizens, which is 73% more than as of the same date last year (State Statistics Service of Ukraine, 2021).

The issue of wages during the quarantine period has its characteristics. Thus, a new phenomenon of today has become self-isolation, which under paragraph 30 art. 1 of the Law of Ukraine "On protection of the population from infectious diseases" (Law No. 1645-14, 2000) is defined as the stay of a person in respect of whom there are reasonable grounds for the risk of infection or spread of an infectious disease in a designated place (premises) to comply with anti-epidemic measures.

According to Art. 3 (Law No. 1645-14, 2000), the procedure for conducting anti-epidemic measures related to the self-isolation of persons of self-isolation, in particular, are subject to: 1) persons who have had contact with a patient with a confirmed case of COVID-19, except for persons who used personal protective

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equipment in the course of their duties following the recommendations for their use; 2) persons suspected of being infected or persons suffering from COVID-19 in a mild form and not requiring hospitalization; 3) persons who have agreed to self-isolation using the electronic service "Act at home" of the Unified State Web Portal of electronic services (hereinafter – the system) before crossing the state border or checkpoints of entry into and exit from the temporarily occupied territory; 4) persons who have reached the age of 60, except for civil servants and employees of state and local self-government bodies, people's deputies of Ukraine and deputies of local councils, judges, servicemen, and employees of the Armed Forces of Ukraine, other military formations and law enforcement agencies formed under Ukrainian laws bodies, as well as persons carrying out measures related to the prevention of the spread of COVID-19, ensure the activities of enterprises, institutions and organizations, regardless of ownership, which: 



  

conduct activities and provide services in the fields of energy, chemical industry, transport, in the fields of information and communication technologies, electronic communications, in the banking and financial sectors, defense industry; provide services in the areas of livelihood, in particular in the areas of centralized water supply, sewerage, electricity and gas supply, food production, agriculture, and health care; are communal, emergency and rescue services, emergency services; included in the list of state-owned objects of strategic importance for the economy and security of the state; are objects of potentially dangerous technologies and productions.

According to the Law of Ukraine "On Amendments to the Tax Code of Ukraine and Other Laws of Ukraine on Support of Taxpayers for the Period of Measures to Prevent the Occurrence and Spread of Coronavirus (Covid19)" (Law No. 533-IX, 2020), self-isolation was added to the list of insurance cases for which the provision of material support by the Social Insurance Fund of Ukraine. Therefore, following paragraph 5.2 of chapter 5 of the Instructions on the procedure for issuing documents certifying temporary incapacity for work of citizens,

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approved by the Order of the Ministry of Health of Ukraine (Order No. 455, 2001), for the period of stay of the insured person in self-isolation, including under medical supervision in connection with aimed at preventing the occurrence and spread of COVID-19 following the resolution No. 211 (2020) "On prevention of the spread of acute respiratory disease COVID19 caused by coronavirus SARS-CoV-2" in Ukraine, except a certificate of incapacity for work is issued by the attending physician for a specified period.

Payment of temporary disability benefits is made in the amount of 50% of the average salary

(income) regardless of the length of service, except for medical workers, who in such cases are paid temporary disability benefits in the amount of 100% of the average salary (income) regardless of the length of service (Part 2 of Article 24 of the Law of Ukraine "On Compulsory State Social Insurance" (Law No. 1105-XIV, 1999)).

To better understand the employment situation and, accordingly, the level of impact of quarantine restrictions on the labor market, it is advisable to provide statistics for 2019 and 2020 (Table 1).

Table 1.

Employment of the working population of 2019 and 2020. Data provided by State Statistics Service of Ukraine (2021).

Group of population All able-bodied population Working population in urban areas Working population in rural areas

2019 67,6 % 69,1 % 64,5%

2020 65,6 % 51,2 % 62,4 %

Based on the above indicators, it is possible to draw a conclusion about the gradual decline in employment of the working population in Ukraine.

prevention of infectious diseases and mass poisoning).

The need to establish liability for violations of quarantine rules has led to amendments to the Code of Administrative Offenses of Ukraine (Law No. 8074-10, 1984). Article 44-2 introduces administrative liability for violating the rules on quarantine of people, sanitary and hygienic, sanitary and anti-epidemic rules and norms provided by the Law of Ukraine "On Protection of the Population from Infectious Diseases" (Law No. 1645-14, 2000), other legislation, as well as decisions of local governments on control with infectious diseases.

According to this article, a fine is imposed on citizens from one to two thousand non-taxable minimum incomes and on officials – from two to ten thousand non-taxable minimum incomes. For staying in public buildings, structures, public transport during quarantine without wearing personal protective equipment, including respirators or protective masks covering the nose and mouth, including self-made, provides for a fine of ten to fifteen tax-free minimum incomes citizens.

Given the above, it is possible to draw the following conclusions.

The Criminal Code of Ukraine has been amended to increase the sanction for committing a crime under Article 325 (Law No. 2341-III, 2001) (violation of sanitary rules and regulations for the

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Conclusions

In a pandemic, a rational approach to the regulation of labor relations is extremely valuable, since they are the basis for the normal functioning of society. During the fight against coronavirus disease, many measures have been taken around the world, such as restricting the movement of workers, closing down businesses, sending workers on leave at their own expense, forced redundancies, and other measures. Such actions have resulted in the measures necessary to ensure the effective guarantee of human rights in general and in the field of labor relations in particular. These are such measures as providing employees with official transport, issuing certificates for public transport, creating safe working conditions, and more.

As we can see, with the onset of the pandemic, there was an urgent need for rapid and effective implementation of the system of guaranteeing the right to work. Thus, some new legal acts were adopted, numerous amendments were made to the existing ones: the Laws of Ukraine “On Amendments to Certain Legislative Acts Aimed at Providing Additional Social and Economic

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208 Guarantees in Connection with the Spread of Coronavirus (COVID 19)”, Law of Ukraine “On Protection of the Population from Infectious Diseases, Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Aimed at Preventing the Occurrence and Spread of Coronavirus (COVID 19)”, Law of Ukraine “On Prevention of Spread of Acute Respiratory Disease COVID-19 Caused by SARS-CoV-2 Coronavirus on the Territory of Ukraine”. Rapid regulatory adaptation has made it possible to respond quickly to the challenges of the personnel pandemic.

The global economic crisis caused by the COVID-19 pandemic inevitably affects the state of labor relations, the right to work needs the full support of the state by creating an effective regulatory framework.

Regarding further research, it is essential to analyze what measures are taken by foreign states and the international community to ensure the constitutional right to work, to investigate how monetary compensation of the state and creating opportunities for training or changing professions affect the adaptation of workers in case of closure or suspension. enterprises.

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Recovered from https://www.gesetze-iminternet.de/englisch_arbschg/englisch_arbschg.h tml Council of Europe. (1961). European Social Charter.

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https://zakon.rada.gov.ua/laws/show/269412#Text Law No. 322-VIII, Labor Code of Ukraine.

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Law No. 533-IX, On Amendments to the Tax Code of Ukraine and Other Laws of Ukraine on Support of Taxpayers for the Period of Measures to Prevent the Occurrence and Spread of Coronavirus (Covid-19)". Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, March 17, 2020.

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Post-quarantine employment: how the labor market in Ukraine will change in 2021. Word and Deed. Recovered from https://www.slovoidilo.ua/2021/02/26/kolonka/a leksandr-radchuk/suspilstvo/postkarantynnazajnyatist-yak-zminytsya-rynok-pracziukrayini-2021-roczi Resolution No. 211, On prevention of the spread on the territory of Ukraine of the acute respiratory disease Covid-19 caused by the coronavirus SARS-CoV-2. Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, March 11, 2020.

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210 Romashenko, S., & Dumanska, M. (2020). In Germany, the unemployment rate has risen due to the COVID-19 pandemic. German wave.

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http://pd.onu.edu.ua/article/view/217602. DOI: https://doi.org/10.18524/24112054.2020.40.217602 Tkalych, M., Safonchyk, O., & Tolmachevska, Y. (2020). Private Law and Human Rights: New Realities.

DIXI, 32, 1-12.

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Recovered from https://www.ohchr.org/en/professionalinterest/p ages/cescr.aspx Yakymenko, M.M. (2006). The right to work in international documents and its consolidation in the legislation of Ukraine. Journal "Law and Security", 1, 1727-1584. Recovered from http://irbis-nbuv.gov.ua/cgibin/irbis_nbuv/cgiirbis_64.exe?C21COM=2&I2 1DBN=UJRN&P21DBN=UJRN&IMAGE_FIL E_DOWNLOAD=1&Image_file_name=PDF/Pi b_2006_5_5_57.pdf

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DOI: https://doi.org/10.34069/AI/2021.41.05.21

Local self-government in public and private law: latest experience Місцеве самоврядування у публічному та приватному праві: останні тенденції Received: May 4, 2021

Accepted: June 10, 2021

Written by: Boris Perezhniak74 https://orcid.org/0000-0002-4096-0861 Alina Hryshchuk75 https://orcid.org/0000-0001-6289-6656 Iryna Menso76 https://orcid.org/0000-0003-0211-1567 Kristina Strukova77 https://orcid.org/0000-0001-7769-7692 Arkadii Nazarko78 https://orcid.org/0000-0001-8041-2758 Abstract

Анотація

Local self-government is one of the major institutions of civil society. Most democracies in the world have a developed system of local selfgovernment, to which a number of state functions are delegated. To characterize this institution and clarify its inherent features of private and public law, it is necessary to study modern systems of local self-government and theoretical achievements in the field of private and public law. The work aims to analyze local selfgovernment given the features inherent in public and private law. The object of research is local self-government in public and private law. The following methods were used during the study: analysis of regulations, articles and monographs, comparisons, abstractions, analogies, and generalizations. The study of the question of the attribution of local self-government as a subject of law to private and public law revealed a number of features that are characteristic of both public and private law. Based on the analysis of the scientific literature, the main characteristics of the system of local self-government in the world are determined, in particular, on the example of such countries as the USA, Great Britain, France, and Japan. Based on the theoretical achievements of legal scholars on private and public law, it was possible to identify their differences, basic features and, on this basis,

Місцеве самоврядування є одним з важливих інститутів громадянського суспільства. Більшість демократичних держав світу мають розвинену систему місцевого самоврядування, якому делеговано низку державних функцій. Для характеристики даного інституту та з’ясування притаманних йому рис приватного та публічно права необхідним є вивчення сучасних систем місцевого самоврядування та теоретичних надбань у сфері приватного та публічного права. Метою роботи є аналіз місцевого самоврядування з огляду на риси, притаманні публічному та приватному праву. Об’єктом дослідження є місцеве самоврядування у публічному та приватному праві. Методи дослідження. Під час проведення дослідження було використано наступні методи: аналізу нормативних актів, статей та монографій, порівняння, абстрагування, аналогії, узагальнення. Результати дослідження. В результаті дослідження питання про віднесення місцевого самоврядування як суб’єкта права до приватного та публічного права було виявлено ряд ознак, як є характерними як для публічного, так і для приватного права. На основі аналізу наукової літератури визначено основні характеристики системи місцевого самоврядування у світі, зокрема, на прикладі таких країн, як США, Великобританія, Франція та Японія. Виходячи з теоретичних надбань вченихюристів про приватне та публічне право вдалося виокремити їх відмінності, основні ознаки та на

74

Doctor of Legal Science, Professor of Constitutional Law Department of National University "Odesa Law Academy", Honored Lawyer of Ukraine, Academician of the National Academy of Sciences of Higher Education of Ukraine, Ukraine.

75 Ph. D., Associate Professor of the Department of Administrative and Legal Disciplines of the Institute of Law of Lviv State University of Internal Affairs, Ukraine.

76 Ph. D., Senior Lecturer of Civil and Labor Law Department, Odesa National Maritime University, Ukraine.

77 Ph. D., Lawyer, Ukraine.

78 Ph. D., Associate Professor of Constitutional Law Department of National University "Odesa Law Academy", Ukraine.

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to conclude that local government is characterized by features of both private and public law.

основі цього зробити висновок про притаманність місцевому самоврядуванню рис як приватного, так і публічного права.

Keywords: local self-government, private law, public law, cooperation, interconnection, opposites.

Ключові слова: місцеве самоврядування, приватне право, публічне право, співпраця, взаємозв’язок, протилежності.

Introduction From ancient times the terms "public and private" were used as opposite in meaning. In the history of jurisprudence, both theoretical and practical, the attention to the study of these "opposites", to clarifying the criteria for distinguishing between the two parts of objective legal law and, of course, to find common features and common boundaries. The current stage of development of society and legal thought is characterized, in particular, by an appeal to clarify the difference between public and private law.

The division of law into public and private in modern jurisprudence is necessary for the classification of legal phenomena, especially in the formation of the legal system, but requires a caveat on two crucial points.

First, although the law as a whole has an official, state, and, in this sense, public character, it should be borne in mind that the term "public" can be used in jurisprudence also in a narrower sense. In this sense, the term "public" refers only to that part of the law that relates to the functioning of the state as a subject of legal relations.

Secondly, public law and private law are not branches, but spheres, zones of law, which are, sometimes, called "supra-branches". They cover a group of industries. Public law includes administrative, financial, procedural law, etc.; to private – civil and some other branches of law (Kharytonova, 2002).

As a subject of public law, local self-government in the context of this study finds new features that can be attributed to the field of private law.

Since local self-government is the bearer of local power, the system of local self-government can be defined as one of the forms of direct democracy, which is carried out by the subjects of local self-government. In this case, the subjects of local self-government are participants in municipal relations, which are endowed with legal personality, i.e. legal capacity and legal capacity, which is determined by the rules of municipal law (Baltsiy, 2020).

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Recourse to the experience of foreign countries has the opportunity to find solutions to problems in the regulation of relations that arise in the process of activity and organization of the system of local self-government at the national level. It is also necessary to identify those features that will help expand the scientific basis for the study of private and public law.

Each modern legal system has its characteristics, which affect the organization of local selfgovernment. The peculiarity of the RomanoGermanic legal system is the dominance of the normative legal act as a form of law, the division of the legal system into two subsystems – public and private, differentiation and codification of branches of law.

The Romano-Germanic type of legal system covers the countries of continental Europe: France, Belgium, Luxembourg, Spain, Portugal, the Netherlands, Austria, Liechtenstein, Germany, Switzerland, Belgium, etc. The influence of the Romance and German groups of continental law extends beyond Europe: Latin America, Africa, the Middle East, Japan, Indonesia.

Anglo-American type of legal system or common law system - a set of national legal systems that have common features, manifested in the unity of patterns and trends based on the rule formulated by judges in case law, which dominates as a form of law, in the division of common law and the right to justice, in the recognition of the law only after its testing by judicial practice, in the predominance of procedural law over the substantive.

Geography of the common law of the AngloAmerican type, in addition to England and North America – some countries on different continents. The degree of its implementation in these countries varies.

Based on the peculiarities of the construction of the above legal systems, it is advisable to characterize the organization of local selfgovernment as a legal phenomenon. The work

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aims to analyze local self-government given the features inherent in public and private law.

Literature Review International documents and works of scholars were used in the study of the essence of local selfgovernment as a phenomenon inherent in the features of public and private law.

Among the scholars who paid attention to the study of local self-government should be noted: Baltsiy (2020), Aranovskyi (2000), Shpak (2014a,b), Kuzmenko (2014), Rovinska (2013), Chaplya (2014), Vorona (2009), and Chirkiv, & Kushnir (2020).

Thus, based on Baltsiy (2020) work "On the definition of local self-government of Ukraine," a study on this topic, as a bearer of local power, was carried out, the system of local selfgovernment was defined as one of the forms of direct democracy. The subjects of local selfgovernment are participants in municipal relations, which are endowed with legal personality, i.e. legal capacity, which is determined by the rules of municipal law. The author also describes the general characteristics, as a legal institution and the institution of civil society in Ukraine, defines its legislative consolidation at both international and national levels, pays attention to local governments, in particular, they are divided into primary and secondary. The primary subjects of the system include those subjects of legal relations in this field, which directly have the right to decide issues of local importance – these are territorial communities and their members. Secondary subjects of the system should include subjects of legal relations in this field, in which power is derived. Such subjects are characterized by the fact that they are formed by the primary subjects of the system, and, therefore, only through them become potential participants in legal relations in the field of local self-government. Among the secondary subjects, the author singles out the following – village, settlement, city councils; district councils in cities; village, settlement, city mayor; executive bodies of the village, settlement, city council; district and regional councils representing the common interests of territorial communities of villages, settlements, cities; bodies of self-organization of the population.

Moreover, Aranovskyi (2000) is the author of the book "State law of foreign countries", Kuzmenko (2014) - "Administrative law of foreign countries: course of lectures". Based on their

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provisions, theoretical information on the established system of local self-government in the United States, Great Britain, Japan, and France was used. The presentation of information on the legal regulation of local self-government helped to highlight the main provisions that establish the organization of local selfgovernment at the legislative level. In particular, the Local Government Act, adopted in 1974, defines the basic content of local selfgovernment in Great Britain, in France such a document is the law No. 82-213 of March 2, 1982, an important provision is the provision of Article 1, which can be considered start button of the decentralization process: "Article 1.

Communes, departments, and regions are freely governed by elected councils. The laws will determine the distribution of competencies between communes, departments, regions, and the state, as well as the distribution of public funds arising from the new rules of the local tax system and the transfer of state loans to local communities; the organization of the regions, the statutory guarantees provided to the staff of territorial communities, the method of election and the charter of the elected, as well as forms of cooperation between communes, departments and regions and the development of citizen participation in local life."

What is more, Shpak (2014b), in his work "The experience of reforming local government in Britain", considered the concept of parliamentary monarchy, gave basic views on this form of government, analyzed current issues related to the development of local government, administrative division, and hierarchy of power in Britain, competence and responsibilities of local councils.

Further, Chaplya (2014), in his work "Municipal Government in the United States: An Overview", gave a general description of the US local government system, highlighted its features, which include: the presence in each state of a separate system of local government, subordination of local laws to the state, the ability to constantly improve professional the level of providing services to citizens, etc.

Additionally, Vorona (2008) explored the commune as a basic unit of local government in France. In particular, in the framework of this work, data on the powers of the commune were used: financial, in the field of public services, on the property of the commune, powers in the field of landscaping, etc. Regarding the main competencies of regional councils, their competencies include approval of the regional

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214 budget, control over the implementation of the regional development plan, activities of regional bodies and structures.

To reveal the content of the concepts of private and public law, information was used on the historical aspect of the development of legal thought regarding the division of law into public and private, the criteria for their delimitation, the main features, features of the subject composition. Thus, historical aspects have been studied by such scholars as Shabunina (2006) (considered the division of law into public and private in Roman law), Muromtsev (2003) (studied the civil law of ancient Rome), Nesterenko (2016) studied the main historicaltheoretical doctrines on the division of rights into public and private).

Such sciholars as Skakun (2001), Kharytonova (2002), Sanzharuk (2006), Banchuk (2001), Rabinovych (2004), Mamutov (1999), Nesterenko (2016), and Chepis (2010) studied the criteria for distinguishing public and private law, highlighted their features, in particular, characteristics, characteristics of the subject composition, methods.

Methodology The most common way of scientific knowledge is the method of comparison. There are specific requirements for comparison as a method of cognition: only such objects and phenomena must be related, between which there can be a certain objective commonality; comparisons should be made on the most influential, essential grounds. Thus, in the framework of this study, a distinction was made between such concepts as private and public law. Their relationship is of great importance for legal doctrine because it is based on the basic criteria of comparison, in particular, on the subjects, features, methods, and content.

Firstly, the method of analysis of regulations, articles, and monographs helped to find basic information about the studied elements. In particular, based on the study of international documents, namely the European Charter of Local Self-Government and the UN document "Transforming our world: the agenda for sustainable development until 2030", the concept of local self-government and its content as a phenomenon that plays an influential role in regulating relations arising from the delegation of state powers and local government.

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Additionally, the essence of the method of abstraction is an imaginary distraction from insignificant properties, signs, connections, relations of the studied objects and phenomena in the simultaneous selection, fixation of one or more essential (interesting for the researcher) parties, properties of the object. Thus, its use was necessary to highlight the special features of local self-government in different countries, which in turn allowed to find those provisions that correspond to the features of private and public law.

With the help of the generalization method, the common features and properties of a particular class of objects are fixed, and the transition from single to general, from less general to more widespread, is carried out. In the context of this study, the method of generalization was used to summarize the theoretical studies of the content of private and public law and their comparison with the characteristics and essence of local selfgovernment.

Finally, the method of analogy makes it possible to establish the equivalence relationship between the two systems under consideration on some grounds. Any of these systems can actually exist or be abstract. If two or more phenomena, different in their physical nature, can be described by the same differential equation with the preservation of boundary conditions, then these phenomena are called similar. The method of analogies expands the possibilities of studying phenomena and has long been widespread. To study local self-government given the features of private and public law, a system of criteria for distinguishing between private and public law was used and transferred to the study of local self-government. Thus, along with the predominant predominance of features of public law, elements of private law were identified in the activities of local governments, such as the disposal of local government property.

Results and Discussion Public and private law: theoretical aspects Public and private law as an integral part of the theoretical basis of law, in general, is a multifaceted phenomenon, the study of which has a long history. The need for a historical digression of private law and its formation is since such studies will help optimize existing legislation, efficient application of private law, and provide a scientific basis for practical recommendations on the delimitation of

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regulatory areas between the main codified acts in private and public law.

The ancient doctrine of the law states that there are two types of legal relations, which are reflected in the laws of all states. The first of them defines the relations between fellow citizens, the existing connections between them.

On their basis, private cases are resolved, they regulate the life of the community of people.

Another type of such relationship determines how citizens should behave concerning society and the state. Laws governing private relations need to be soft and humane for the majority of the people. On the contrary, those underlying state laws should be cruel and severe, because only then can the damage that politicians can do to the majority of the people be limited (Trevett, & Gagarin, 2011).

In ancient Rome, the need to divide the right into public and private was justified. The Roman jurist Ulpian argued that public law is what belongs to the state of the Roman state, private law is what belongs to the benefit of individuals, because there is a public benefit and a private benefit. private law must serve the benefit of individuals and their associations, and public law should serve the public good (Shabunina, 2006).

Titus Livius emphasized that the laws of the XII tables, being a collection of all Roman law, were a source of public and private law (Muromtsev, 2003).

In the Middle Ages, the division of the right to private and public attention was not paid because of the characteristic events that took place in the conditions of the state. Private law was largely associated with public law, such as military duties, so full private legal capacity was associated with the public law prerequisite for combat capability (Radbruch, 1915).

Active development of legal thought took place in the period XVI-XVII centuries. During this period, the creation of new doctrines of law was based on the works of Roman lawyers. Thus, one of the most famous representatives of the French school Donell considered the main task of jurisprudence to derive general principles from Roman texts, abstracting from historical features.

Commenting on Justinian's Code, he based the division of law into public and private. To public law, as opposed to private, he attributed all cases

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without which the state could not exist. To such cases, he attributed the birth of children.

Characteristically, Donella had no doubt that the same case (at least the birth of children) can be considered both in terms of public and private law.

Hugo Grotius argued that “just as some communities are free from inequality, such as mutual relations of brothers, citizens, friends or allies, others are not free from inequality and, according to Aristotle, allow preference, for example, in the rights of parents over children, the master over the slave, the king over the subjects, God over the people, and one kind of justice consists in the relationship between equals and the other in the relationship between rulers and those who obey. Therefore, we are unlikely to be mistaken if we call this last species the right to rule, and the first – the right to equality (Grotius, 1994). XIX century became not only an era of comprehensive European codification but also a period of numerous scientific investigations of the issue we are studying. It should be noted that these processes are largely interconnected. For example, Merriman believes that the division of the right to public and private has an ideological basis, it is an expression of those areas of economic, social, and political thought that dominated in the XVII and XVIII centuries. and Germany in the XIX century. Codified civil law was at the heart of private law, and the dominant concepts of the relevant codes were individual private property and individual freedom of contract, protected from state interference. Merriman emphasizes that this ideology of liberalism was adopted by the legal teachings of the XIX century. He also emphasizes that one of the main achievements of the German Pandectists was the elevation of this ideology to a highly systematized and abstract level of legal science. They did it so well that these essential positions of the XIX century. were preserved in most European legal scholars of the XX century (Droniv, 2018).

Public and private law are opposite and, at the same time, interrelated phenomena. Their characteristics should be given with an indication of the subject, features, methods that are applicable to each of them (Skakun, 2001). The information is presented in the form of a table (Table 1) for a more accurate presentation of the main ideas.

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216 Table 1.

The features of public and private law. The information provided by Skakun (2001).

Criterion

By characteristics

By subject

By method

Public law

Private law The subsystem of law, which: 1) regulates the relations of individuals with each other; 2) ensures the private interest: focuses on economic freedom, free self-expression, and equality of producers, protection of owners from the arbitrariness of the state; 3) ensures the free expression of the will of the subjects in the exercise of their rights; 4) involves the widespread use of a contractual form of regulation; 5) contains norms that are addressed to subjective law and provide judicial protection; 6) is characterized by the predominance of dispositive norms, designed for self-responsibility for their responsibilities and actions; 7) retains the classic legal technique.

The subsystem of law, which: 1) regulates relations between state bodies or between individuals and the state; 2) provides public interest - focuses on prohibitions, responsibilities of people (subjects) to the state; 3) ensures unilateral expression of the will of the subjects of law; 4) involves a broad scope of discretion; 5) contains general and impersonal norms that have a normativeorientational influence; 6) is characterized by the predominance of directive-binding rules, designed for hierarchical relations of subjects and the subordination of legal norms and acts; 7) widely uses the latest techniques.

Sphere of "public affairs": the sphere of structure and activity of the state as a public authority, all public institutions, the state apparatus, administrative relations, civil service, criminal prosecution and responsibility, principles, norms, and institutions of interstate relations and international organizations, etc.

Imperative

Sphere of "private affairs": the sphere of the status of a free person, private property, free contractual relations, inheritance, free movement of goods, services and funds, etc.

Dispositive

Legal science has many criteria for distinguishing between private and public law, which can be systematized by giving the Table 2.

Table 2.

The main criteria for distinguishing between public and private law.

Criterion

Subjects of relations

Legal status of the subjects of relations

Public law A person who enters into public relations for the exercise of public authority (state bodies, local governments, their officials and officials authorized by them) Relations of subordination with possible exceptions (for example, relations of executive bodies and local self-government bodies, except for cases of control over the exercise of delegated powers)

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Private law Individuals, entrepreneurs and legal entities

Legal and factual equality of participants

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The content of legal relations

The parties to the relationship operate within the rules established by law

The emergence of private rights and obligations from actions that may or may not be provided by law. The manner of exercising private rights and obligations (even) defined by law, is only a desirable form of conduct of participants in private relations, and its non-compliance will not entail any legal consequences if the actions correspond to the essence and content of the respective private relations and do not violate prohibitions.

Forms of protection of rights

Public legal relations due to the existence of subordination of individuals to the will of the authorities, exercised in public authority, should be considered by the court given the comprehensive protection of the rights of the weaker party in the relationship (individual).

Private relations, which are characterized by equality of their participants, are subject to consideration in court based on impartiality and full implementation of adversarial and dispositive.

The nature of the dominant interest in the relationship

Interests are based on ensuring the public good

Interests arise to ensure the wellbeing of the individual

The information from the tables is based on the analysis of the works of such scholars as Sanzharuk (2006), Banchuk (2011), Rabinovych (2004), Mamutov (1999), Nesterenko (2016), and Chepis (2010).

legal relations emerge (for example, on labor law issues) (Biryukova, 2018).

Local self-government as a special subject of private-law and public-law relations: international practice

From the above, it is necessary to summarize: 





private law can be defined as a set of rules and regulations relating to the status and protection of the interests of individuals who do not have power, are not in a relationship of subordination, equally and freely establish their rights and obligations in relations arising from their initiative; the definition of public law is based on its imperative method, according to which the behavior of subjects is regulated by law, the possibility of applying the prohibition of action as a method of shaping the behavior of individuals and legal entities; the boundaries between private and public law have never been unambiguously defined and are constantly changing. Private law does not actually exist without the public, because the public is designed to protect and defend private relations. Private law is based on public law, without which it could be devalued. In addition, in the process of historical development, the boundaries between them are blurred and mixed private-

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The European Charter of Local Self-Government understands local self-government as the actual ability of local self-government bodies to regulate a significant part of public disputes and manage the territorial community, acting within the law, with a special responsibility and in the interests of the local population (Council of Europe, 1985).

One of the goals of sustainable development of the United Nations for 2016-2030 is devoted to the issue of community development testifies to the significant attention of the world community to matters related to local self-government. Goal 11 is to ensure the openness, security, sustainability, and environmental sustainability of cities and towns (United Nations, 2015).

The presence of local self-government is one of the hallmarks of a democratic state. At the international level, local self-government is represented by the United Cities and Local Governments (UCLG) (2021), whose main functions are to protect local self-government at the global level, to promote its values, goals, and

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218 interests through cooperation between local authorities and within the wider international community.

All the above features are somehow inherent in the local self-government of different legal systems.

The responsibilities of local government under the UCLG include (United Cities and Local Governments, 2013):

It is proposed to make a general description of the most striking examples of the organization of local self-government and on its basis to investigate the private-law and public-law aspects of this institution.





  

services (water supply, sewage and solid waste collection, public transport, street lighting, street cleaning, markets and public places, public toilets, pollution control, some aspects of childcare and school education, libraries and cultural events, some forms provision of social security (usually in conjunction with higher authorities), fire services and emergency response (usually in conjunction with higher authorities), registration of births and deaths, monitoring of infectious diseases, cemeteries, and, in many countries, protection health, education, housing and maintenance of order); infrastructure (water supply network, sewerage, surface drainage systems, local roads, footpaths, bridges, landfills, wastewater treatment, bus stations, parks, squares, sports facilities, public places); buildings (building codes and regulations, management of technical operation of public buildings, rental rules); urban planning (land use management and application of land-use rules, infrastructure expansion plans); others (local economic development, tourism), etc.

At the regional level, the largest organization representing the interests of European local authorities and their associations in more than 40 countries is the Council of European Municipalities and Regions (CEMR) (2021).

CEMR members are national associations of local and regional governments, which include members of municipalities, cities, and regions in their countries.

Local governments as holders of power have the following characteristics (Karpa, 2017):     

are formed by the state or the people following the law and act on its basis; have public functions that are aimed at satisfying the public interest; have an organizational structure; interact with other subjects of power; have a specific subordinate and territorial nature of the activity.

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The Anglo-American legal system creates a specific organization of local government in the United States and Great Britain.

The development of local self-government in Great Britain dates back to the Anglo-Saxon period, when the Germanic tribes who settled in the Roman province of Britain brought with them the preserved communal order, based on which the primary structure of local self-government was formed (Aranovskyi, 2000). The activity of local self-government in Great Britain is regulated by a special law on local selfgovernment (Local Government Act), adopted in 1974 (Law No. 66, 1974). With further changes in 2000. According to this normative act, in each administrative unit, if it has more than 150 voters, the local population elects a council for a term of 4 years. If the administrative unit has less than 150 voters, a general meeting of voters is used, where issues that are not considered by higher councils are resolved. Each local council forms profile committees, whose main activities are issues related to finance, education, roads, social assistance, and other matters at the local level (Shpak, 2014a).

In the system of municipal government in the UK, the bearers of power are only councils, the powers of other units of the municipal apparatus are considered as derivatives. The main feature of local government in the UK is the combination of councils of general leadership and operational and executive activities (Kuzmenko, 2014).

The system of local self-government in the United States is more complex in its organization.

The specifics of local government in the United States are determined by the peculiarities of the administrative-territorial division. As you know, the United States is a federal state. Each state has its laws, which must not contradict national laws.

Given the above, in the United States, there are local governments of general and special competence.

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The system of local self-government bodies of general competence is built based on administrative-territorial division. Each state is divided into counties, in which the system of selfgovernment is determined by the constitutions and laws of the states. There are two types of county councils: the board of commissioners and the board of supervisors. The first includes the management of all practical work in specific areas, the second provides for the representation

in the council of elected officials of municipalities within the county. The council has the right to impose local taxes and fees, adopt and control the budget, monitor the organization and conduct of elections, and etc. (Chaplya, 2014).

Two basic rules are used to determine the powers of local governments in various municipalities in the United States (Kuzmenko, 2014) (Table 3).

Table 3.

Two basic rules to determine the powers of local governments in the United States. The information provided by Kuzmenko (2014).

Name of the rules

Dillon's rule

Home rule (delegation of rights to selfgovernment)

Relevant powers of local self-government Powers: - provided by law in clear words; - which are necessarily and fairly considered and characterized by the powers granted by law; - which are valuable and necessary for the creation of a municipality.

Source of authority: authorized charter of the lehistratury

One of the most significant issues dealt with by local authorities is social services: school education, social security, librarianship, landscaping, organization of recreation areas, and quality control of goods.

The second place in terms of the functions of local self-government bodies of municipalities is occupied by the administrative and administrative sphere: law enforcement, police management, justice, fire safety, tax collection, elections, and conducting civil status acts.

The third group of powers is the economic sphere. Municipalities manage their enterprises and services, manage their property, as well as indirectly regulate the activities of private enterprises, build housing, and set rental rates for their property. Property management is seen as a power that can be regarded as an area of private law, as it is governed by civil law.

The state can give municipalities the right to exercise their powers based on the principle of self-government. Thus, local authorities are given the right to independently, without state intervention:  

the states that are part of the Romano-Germanic legal system, the experience of France is impressive.

The activity of local self-government in France is regulated by Law No. 82-213 "On the rights and freedoms of communes, departments, and regions" of March 2, 1982. This law defines the powers of municipalities, departments, regions, and the state in the allocation of state resources and transfer of public funds to local authorities.

The law determines local authorities, the election regime and the status of elected representatives, the conditions of cooperation between municipalities, districts, and regions, as well as the level of citizen participation in local life.

Given the peculiarities of the administrativeterritorial division of France, it is possible to distinguish local governments of the commune, department, and region.

The local authorities of the commune are municipal councils. Their powers include (Vorona, 2009): 

develop, adopt and amend its charter of selfgovernment; exercise all the powers of local government, except for the restrictions established by the state constitution and federal laws (Kuzmenko, 2014).

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financial (adoption of the budget, determination of municipal tax rates, resolving issues on the need for loans, approval of reports on the use of budget funds);

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220  

in the field of public services (the council has the right to create or liquidate public services of the commune); in respect of the property of the commune, which is divided into "public", i.e. such that is intended for public use, and "private", which the commune disposes of as a private owner.

It should be noted that the "private" property of the commune has the features of private law.

Thus, municipal councils enter into civil law relations, for example, by concluding a lease agreement for a land plot owned by it. In this case, the council acts as a legal entity.

- powers in the field of landscaping and urban construction.

The municipal council is under the administrative control of the central government.

The department in France is the second level of the administrative and territorial organization after the commune. In contrast to the commune, at its level two authorities operate in parallel, namely the General Council as a body of selfgovernment and the Prefect as a body of state power.

The powers of the municipal administration of the department include:      

approval of the budget and report on its implementation; determination of the department's development policy; setting internal tax rates of the department; creation of public services of the department and establishment of general rules of their functioning; determination of the staff of the department's services; making decisions on all property of the department.

The department is a principal link in the system of state executive power. This is the level where the local state administration operates. This administration is headed by a prefect – a representative of the state at the regional level, and the administration itself is endowed with fairly large powers and includes a system of essential services that ensure the implementation of public policy at the regional level (Vorona, 2008). The main representative body of the region is the regional council, whose members are elected by general and direct elections according to the proportional electoral system.

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The main competencies of regional councils include the adoption of the regional budget, control over the implementation of the regional development plan, the activities of regional bodies and structures (Chirkiv, & Kushnir, 2020).

For a clearer and more contrasting example of local government, it is advisable to describe the main features of the Japanese system of local government.

According to the Constitution of Japan of May 3, 1947, the provisions on the organization and operation of local public authorities are established by law following the principle of local autonomy. A special regulation governing the activities of local self-government in Japan is the Law on Local Autonomy of April 17, 1947 (Law No. 67, 1947).

The literature identifies the principles of local government in Japan:   

the principle of local autonomy; autonomy of the local community; autonomy of residents.

notes that the principle of local autonomy separates the autonomy of the administrativeterritorial unit from the state, the autonomy of the local community is related to the internal organization and forms of administrativeterritorial units and provides for the management of the community, residents on its territory, the autonomy of residents is determined by the procedure of local referendum (Baglaya, Leibo, & Entina, 2008).

Thus, the local self-government of Japan is characterized by independence as a whole and the independence of each resident, which in turn indicates a sufficiently developed independence of territorial units and their ability to solve problems without the influence of central authorities, both by their own forces and by expressing the will of the community of the territorial unit.

As for the structure of local self-government in Japan, it has a two-tier system. The first link is prefectures, the second – municipalities.

The main links of local government are prefectural, urban settlement, and village assemblies. Their powers include, in particular, the adoption of the budget, the establishment of taxes, and educational activities.

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Describing the functions of municipalities, Lisnychy (2004) notes that they are related to addressing the daily needs of the local population, such as providing the population and public utilities, ensuring the efficiency of educational and health care institutions, monitoring the sanitary condition of the territory, ensuring the work of social services, repair and maintenance of buildings and structures, ensuring the smooth operation of transport, support for self-organization population, and staffing of the local municipal service.

It is necessary to note that in Art. 94 of the Constitution of Japan (1947) stipulates that local authorities have the right to manage their property, conduct business, and carry out administrative management. In addition, they can issue their decisions within the law (Chaplya, 2014).

Thus, based on the analysis of local government systems in countries such as the United Kingdom, the United States, France, and Japan (which is different legal systems), we can conclude that the actual separation of local government with certain features, such as government control over local government (Law No. 66, 1974), administrative control (France), obedience to national laws (USA). The most autonomous is the activity of local governments in Japan.

Conclusions As a result of the study, the role of local selfgovernment in public and private law was clarified and the following was established: 1.

Local self-government, acting as a subject of public law, has the following characteristics:

  

activities regulated by law; focus on ensuring the functioning of society; the right to establish mandatory rules in the controlled area; has delegated powers of state power.

 2.

3.

As a subject of private law, local selfgovernment is endowed with the right to dispose of its property while entering into civil law relations. Furthermore, as a legal entity of private law, local governments have the right to join associations, hold conferences.

Private law may be defined as a right aimed at protecting the interests of individuals who do not have power, are not in a relationship of subordination, equally and freely

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4.

5.

establish their rights and obligations in relations arising from their initiative.

The boundaries between private and public law are not clearly defined. There is a relationship between private law and public law, and private law does not actually exist without public law, because public law is designed to protect and defend private relations. Private law is based on public law, without which it could be devalued.

The international experience of countries such as the United Kingdom, the United States, France, and Japan, which are part of different legal systems shows the separation of local governments with certain features, such as control of public authorities over local government (UK), administrative control (France), obedience to national laws (USA). The most autonomous is the activity of local governments in Japan.

In summary, it can be argued that the predominance of public law over private in the activities of local government.

Regarding further scientific research, it is essential to examine the features of the manifestations of local self-government as private law and public law through the prism of international experience.

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DOI: https://doi.org/10.34069/AI/2021.41.05.22

Protection of intellectual property rights on the Internet: new challenges Захист прав інтелектуальної власності у мережі Інтернет: нові виклики Received: May 20, 2021

Accepted: June 16, 2021

Written by: Olesia Kharchenko79 https://orcid.org/0000-0001-5925-955X Olha Kronda80 https://orcid.org/0000-0002-8039-1763 Inha Kryvosheyina81 https://orcid.org/0000-0003-3630-2257 Kostiantyn Zerov82 https://orcid.org/0000-0003-2916-7528 Abstract

Анотація

Given the steady growth in demand for Internet resources (due to specific benefits for users) a significant issue is the governing regulation of relations that develop during the interaction of subjects of legal relations on this sphere.

Intellectual property law expands the scope of regulation of legal relations via the Internet. In this regard, there is an essential need for a comprehensive study of theoretical and practical aspects of the protection of intellectual property rights on the Internet. During the study, a number of general scientific methods were used: method of observation, method of comparison, method of experiment, method of convergence from abstract to concrete, method of formalization, axiomatic method, method of analysis, and historical method. As a result of the study, the peculiarities of legal regulation of relations arising in the process of using objects of intellectual property rights on the Internet, which are caused by the difficulty in identifying the infringer of intellectual property rights, determining the place of the crime, the speed of spread of intellectual property on the Internet, low level of legal culture of the population. The ways to improve the system of protection of intellectual property rights on the Internet are the following were suggested.

Зважаючи на постійне зростання попиту на інтернет-ресурси, що пояснюється певними вигодами для користувачів, необхідним питанням постає нормативне регулювання відносин, що складаються під час взаємодії суб’єктів правовідносин у цій сфері. Право інтелектуальної власності розширює сферу регулювання правовідносин через мережу Інтернет. У зв’язку з цим нагальною потребою є всебічне вивчення теоретичних та практичних аспектів сфери захисту прав інтелектуальної власності у мережі Інтернет. Під час проведення дослідження було використано ряд загальнонаукових методів: метод спостереження, метод порівняння, метод експерименту, метод сходження від абстрактного до конкретного, метод формалізації, аксіоматичний метод, метод аналізу, історичний метод. У результаті дослідження було з’ясовано особливості правового регулювання відносин, що виникають у процесі використання об’єктів права інтелектуальної власності у мережі Інтернет, які зумовлюються складністю у виявленні порушника прав інтелектуальної власності, визначення місця вчинення злочину, швидкістю поширення об’єктів інтелектуальної власності у мережі Інтернет, низьким рівнем правової культури населення.

79

Ph.D., Associate Professor of Intellectual Property and Information Law Department, Taras Shevchenko National University of Kyiv. Ukraine.

80 Ph.D., Associate Professor of Intellectual Property and Information Law Department, Taras Shevchenko National University of Kyiv, Ukraine.

81 Associate Professor of Intellectual Property and Information Law Department, Taras Shevchenko National University of Kyiv, Ukraine.

82 Ph. D., Assistant Professor of Intellectual Property and Information Law Department, Taras Shevchenko National University of Kyiv, Ukraine.

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Keywords: intellectual property law, Internet, protection of intellectual property rights, user, subject of legal relations.

Серед шляхів удосконалення системи захисту прав інтелектуальної власності у мережі Інтернет запропоновано наступні були запропоновані. Ключові слова: право інтелектуальної власності, мережа Інтернет, захист прав інтелектуальної власності, користувач, суб’єкт правовідносин.

Introduction The Internet, as an international public telecommunications network designed for data exchange, has quickly entered the daily life of society (Petrovsky, 2002). The main advantages of using the Internet include the following (Inshin, 2008):    

the ability to quickly find the necessary information at any time and in any place; efficiency of obtaining information; the capacity of legal entities and individuals to increase the audience that is interested in the relevant content; the ability to quickly establish feedback via the Internet.

According to TV Technology, citing the Buy Shares report, the number of Internet users has grown by 297 million over the past year. In total, it has 4.8 billion people, which is about 63% of the world's population (Mind, 2020).

Due to the extreme prevalence of the use of the Internet, the legal regulation of intellectual property has also shifted from tangible to virtual media.

The rapid growth of infringements of intellectual property rights on the Internet and the problems of their legal regulation have led to the search for solutions to combat such illegal actions. In the developed world, effective mechanisms have been put in place to promote the protection of intellectual property rights, in particular, by requiring ISPs (Internet Service Provider) to disclose confidential information about alleged copyright infringers and transfer such data to the appropriate authorities. At the national level, non-profit organization "Ukrainian Anti-Piracy Association" (2021), which activities are aimed at developing and improving legislation on copyright and related rights, and other areas of law governing the creation, use, and protection of rights to intellectual property, assistance to law enforcement and other government agencies in identifying cases of copyright and other rights

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and interests of its members, including by carrying out preventive work to prevent such violations, as well as by developing guidelines for law enforcement activities in this field, etc.

However, these methods of combating and preventing infringements of intellectual property rights on the Internet are not effective enough, as evidenced by the above statistics and existing case law.

Given this, it is essential to analyze the legal framework for the protection of intellectual property rights on the Internet, to identify the main types of copyright infringement on the Internet, mechanisms to combat such infringements, ways to record illegal actions infringing intellectual property rights on the Internet. Also, based on the existing unresolved issues in the field of intellectual property protection on the Internet, it is vital to make proposals to improve the protection of such rights.

The purpose of the work is to study and analyze the state of protection of intellectual property rights on the Internet. The object of research is the protection of intellectual property rights on the Internet. The subject of the study is public relations in the field of protection of intellectual property rights on the Internet.

Theoretical Framework The matter of protection of intellectual property rights on the Internet requires a comprehensive study and analysis of regulations, both international and domestic.

The study used the provisions of the Convention Establishing the World Intellectual Property Organization of July 14, 1967, the principal purpose of which is to promote the protection of intellectual property worldwide. It contains norms on the definition of intellectual property, determines the functions of the World Intellectual Property Organization, determines

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226 the order of membership in the organization, the order of its work, the structural organization.

The Patent Law Treaty of June 1, 2000, and the Strasbourg Agreement Concerning the International Patent Classification of March 24, 1971, concern the regulation of patents. In particular, they established a procedure for determining the date of filing a patent application, as well as the form and content of this application, all inventions are divided into 8 main sections, and the number of small headings is more than 50 thousand titles. The International Patent Classification System is used not only by the countries that have officially joined it but also by many others.

The WIPO Performance and Phonograms Treaty of December 20, 1996, and the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of October 26, 1961, set out the fundamental provisions on the legal regime for performances and phonograms. In particular, the regulation of such concepts as performers, phonogram, recording, phonogram producer, etc.; identified entities whose rights are protected by the international definition of the scope of performance and phonograms, their rights and responsibilities, and other provisions.

The cooperation of Ukraine in the field of intellectual property with other countries is essential for raising the professional level of legislative and practical implementation of the practice of foreign countries in this field. An example of such cooperation is the Agreement between the Cabinet of Ministers of Ukraine and the Government of the Republic of Uzbekistan on cooperation in the field of intellectual property rights of February 19, 1998, where the main principles of cooperation between the two countries are the exchange of legal information, as well as information on the practice of application of legislation in the field of intellectual property rights, exchange of information on experience in intellectual property, training and retraining of personnel in the field of intellectual property rights, exchange experience of this work, etc.

When considering disputes over domain names by courts, judges use the following international acts: 

WIPO Report "Name and Address Management and the Internet: Intellectual Property Issues";

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



Joint Recommendation on the Protection of Well-known Marks, adopted by the Paris Union Assembly for the Protection of Industrial Property and the General Assembly of the World Intellectual Property Organization at the 34th series of meetings of the Assembly of the Member States of the World Intellectual Property Organization on 20-29 September 1999; Joint Recommendation "On the Protection of Marks and Other Industrial Property Rights on Internet Designations", adopted by the Paris Union Assembly on Industrial Property Protection and the General Assembly of the World Intellectual Property Organization at the 36th meeting of the Assembly of Member States of the World Intellectual Property Organization property September 24 – October 3, 2001.

It should be noted that the above documents are not binding on the territory of Ukraine and are recommendatory.

Regarding national legislation, the main provisions on intellectual property in Ukraine are contained in the following regulations:  

Constitution of Ukraine of June 28, 1996 (Article 41 and Article 54) (Law No. 254к/96-ВР 1996); Laws of Ukraine "On Copyright and Related Rights" of December 23, 1993, "On Television and Radio Broadcasting" of December 21, 1993, "On Telecommunications" of November 18, 2003, "On Protection of Rights to Marks for Goods and Services" of December 15, 1993.

Codified normative legal acts establish liability for infringement of intellectual property rights (Criminal Code of Ukraine of April 5, 2001 (Law No. 2341-III, 2001), Code of Ukraine on Administrative Offenses of December 7, 1984 (Law No. 8073-10, 1984), regulate legal relations in the field of intellectual property (Civil Code of Ukraine of January 16, 2003 (Law No. 435-IV, 2003), Commercial Code of Ukraine of January 16, 2003 (Law No. 436-IV, 2003)).

Resolution of the Plenum of the Supreme Court of June 4, 2010, No. 5 "On the application by courts of legislation in cases of protection of copyright and related rights", Resolution of the Plenum of the Supreme Commercial Court of Ukraine October 17, 2012, No. 12 "On some issues of dispute resolution protection of intellectual property rights" contain provisions

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on the peculiarities of resolving disputes related to intellectual property rights.

Among the scientists who studied the field of protection and enforcement of intellectual property rights on the Internet, it should be noted Zerov (2013, 2016, 2018), Sotnyk (2021), Grigoryants (2014), Kovalenko (2018), Boshytsky (2002), Yanitskaya, Ambrush, & Koval (2019), Litavsky (2020), and Bukhtiyarov (2021). In its study on copyright protection on the Internet identified some issues related to the protection of copyright on the Internet from piracy, the solution of which in the future will minimize the occurrence of such offenses, indicated what are the gaps in the legislation, what society should pay attention to, and what specialists should be involved to prevent copyright infringement on the Internet.

Thus, Zerov (2013, 2016, 2018) devoted a large number of works on the protection of intellectual property rights on the Internet. Recording the content of a web page on the Internet as an element of exercising the right to copyright protection of works posted on the Internet. These works studied the methods of recording infringements in the field of intellectual property on the Internet, the features of copyright objects that are placed on the Internet, revealed the essence of legal regulation of intellectual property in general and the Internet in particular.

Moreover, Sotnyk (2021) analyzed the current legislation in the field of intellectual property, identified the most common types of violations of intellectual property rights on the Internet, proposed mechanisms for recording such offenses, etc.

Besides, Grigoryants (2014) came to the conclusion that the legislation of Ukraine on protection against piracy in copyright and related rights mostly meets international standards.

Several problems arise when these provisions need to be implemented. For example, in the field of proof of infringement, a search of persons guilty of infringements of copyright and related rights.

Further, Boshytsky’s (2002) research “Deepening the legal culture of citizens as a means of optimizing the protection of intellectual property in Ukraine” helped to clarify the role of the legal culture of Internet consumers in the illegal distribution of intellectual property rights.

Finally, the general doctrines on the protection of intellectual property rights include the works of Litavsky (2020), Zheleznyakova (2021) and Bukhtiyarov (2021).

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Despite a large number of works in the field of intellectual property in general and the protection of such rights on the Internet, the topic of creating a specialized judicial body, whose powers included the consideration of cases in the field of intellectual property; in the context of the above issue, the issue of training, which will be useful in the case by courts or other bodies or organizations; the expansion of legislation concerning the protection and enforcement of intellectual property rights on the Internet also requires doctrinal study.

Methodology Methods of scientific research are an integral part of any research and help to make it effective for the practical implementation of the results of the work, logically build the presentation of material to increase the doctrinairely important achievements of legal science.

During the study, many general scientific methods were used (empirical research methods, theoretical research methods, and halls).

Among the methods of empirical research used: 





method of observation. Based on its essence, which is to identify the external features of the object under study, the protection of intellectual property rights, which has its specific features, is considered in terms of existing doctrines, followed by the addition of their proposals; the method of comparison, which is mostly used in scientific research, came in handy when studying foreign experience in the protection of intellectual property rights on the Internet. Thus, some valid principles were identified, which are absent in the domestic system of protection of intellectual property rights on the Internet; method of experiment. In particular, its form was used as an experiment for formation.

Thus, it allowed to suggest ways to improve the legal regulation of relations in the field of protection of intellectual property rights on the Internet by systematically varying the state of this area;

The methods of theoretical research used to obtain practical research results include: 

the method of convergence from the abstract to the concrete used in identifying the features of protection of intellectual property rights on the Internet as a specific part of the study, protection, and enforcement of

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228





intellectual property rights, in general, is an abstract concept in the context of this method of research; the method of formalization as an integral part of formal logic during this study helped to systematize the forms of protection of intellectual property rights and to reveal their content in the most specific and concise form; the axiomatic method was used as a theoretical basis for intellectual property rights, referring to established international regulations and doctrinal acquisitions;

Among the general methods used were: 



analysis. This method accompanied the study throughout the process. Thus, every fact of the availability of this or that information on the approaches and statements that cover the field of intellectual property rights on the Internet; the historical method was used to review the means of development and improvement of legal regulation of intellectual property on the Internet, given the constant complexity of the processes occurring in the global network.

Results and Discussion Intellectual property law: legislative basis and theory The need to ensure efficient protection of intellectual property rights, a large number of influential legal nuances, and the presence of serious problems related to this area have contributed to the emergence of numerous international treaties, agreements, conventions, declarations, and other regulations on fundamental issues of protection and enforcement of intellectual property. The sphere of public law is, first of all, a question of subordination of one person to another, a question of competence of state bodies and officials, on the one hand, – and, on the other, – passive, as a rule, legal personality of subordinates, their duties and responsibilities arising from government acts of state bodies and officials (Kharytonov, Kharytonova, Kolodin, & Tkalych, 2020).

According to Art. 1 of the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, every natural or legal person is entitled to the peaceful enjoyment of his possessions. In the current reality, in interpreting this Convention, the

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European Court of Human Rights (ECtHR) takes the view that this article concerns not only directly property rights but also intellectual property rights, including patents.

On July 14, 1967, the Convention on the Establishment of the World Intellectual Property Organization was signed, and on April 26, 1970, it entered into force for Ukraine. This Convention, first, establishes an international organization such as the World Intellectual Property Organization (WIPO) and, second, provides, inter alia, a definition of intellectual property. In particular, according to Art. 2 of this Convention, intellectual property is the rights to literary, artistic, and scientific works, to the performance of artists, sound recordings, the radio and television programs, to inventions in all spheres of human activity, scientific discoveries, industrial designs, trademarks, service marks, brand names, and commercial designations, to protect against unfair competition, as well as all other rights related to intellectual activity in the industrial, scientific, literary and artistic fields.

Other international treaties in the field of intellectual property concern its aspects such as patent law (Patent Law Treaty of June 1, 2000, Strasbourg Agreement on the International Patent Classification of March 24, 1971), performance, and phonograms (WIPO Performance and Phonograms Treaty of December 20, 1996, International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of October 26, 1961), etc. Numerous bilateral agreements and arrangements, such as the Agreement between the Cabinet of Ministers of Ukraine and the Government of the Republic of Uzbekistan on Cooperation in the Field of Intellectual Property Protection of February 19, 1998, which establish the basic principles of interstate cooperation in the field of intellectual property protection.

The Constitution of Ukraine (Law No. 254к/96ВР, 1996) enshrines the guiding provisions concerning the protection of intellectual property directly in two articles. Art. 41 establishes the rights of possession, use, and disposal of their property, the results of their intellectual and creative activities. Article 54 guarantees citizens freedom of literary, artistic, scientific, and technical creativity, protection of intellectual property, their copyrights, moral and material interests arising in connection with various types of intellectual activity. In addition, in this article, the Constitution prohibits the dissemination or use of the results of another's intellectual,

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creative activity without the consent of the owner, except as provided by law.

Among the codified regulations governing this issue is the Civil Code of Ukraine (Law No. 435IV, 2003) (intellectual property law is devoted to Book Four of the Civil Code of Ukraine, which, in particular, contains such key provisions as the definition of intellectual property rights, objects and subjects, the grounds for intellectual property rights, personal non-property and intellectual property rights, etc.), the Commercial Code of Ukraine (Law No. 436-IV, 2003) (Chapter 16 regulates the use of intellectual property rights in economic activities, in particular, contains rules on intellectual property rights, the powers of business entities to objects of intellectual property rights), Code of Ukraine on Administrative Offenses (Law No. 8073-X, 1984) (contains rules on the following components of administrative offenses in the field of copyright relations: Article 51-2 – illegal use of intellectual property; Article 164-7 – violation of the conditions of distribution and showing of films provided by the state certificate of the right to distribute and show films; Article 164-9 – illegal distribution of copies of audiovisual works, phonograms, videograms, computer programs, databases; Articles 164-17 – violation of the conditions and rules governing the termination of copyright infringement and (or) related rights using the Internet; Article 16418 – providing knowingly inaccurate information in applications for termination of copyright and (or) related rights committed using the Internet), The Criminal Code of Ukraine (Law No. 2341III, 2001) (provides for liability for illegal reproduction, distribution of works of science, literature, and art, computer programs, and databases, as well as illegal reproduction, distribution of performances, phonograms, videograms and broadcasting programs, their illegal reproduction and distribution on audioand videotapes, diskettes, other media, camcording, card sharing or other intentional infringement of copyright and related rights, as well as the financing of such actions, if it caused material damage in a significant amount).

At the level of judicial practice for the regulation of copyright relations on the Internet are leading the decision of the Plenum of the Supreme Court of Ukraine of June 4, 2010 (Resolution No. 5, 2010) "On the application by courts of legislation on copyright and related rights" and the decision of the Plenum of the Supreme Economic of the Court of Ukraine of October 17, 2012 (Resolution No. 12, 2012) "On some issues of dispute resolution practice related to the

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protection of intellectual property rights", which, inter alia, states how to qualify the placement of works on the Internet in a form accessible for public use.

The subject of intellectual property is also regulated by the Law of Ukraine "On Copyright and Related Rights" (Law No. 3792-XII,1993), which enshrines and protects the personal nonproperty and property rights of authors, their successors and performers, producers of phonograms and videograms, and broadcasting organizations. The Law of Ukraine "On Television and Radio Broadcasting" (Law No. 3759-XII, 1993) defines the concept of transmission (television and radio transmission) and program (television program).

Among the bylaws is the Resolution of the Cabinet of Ministers of Ukraine "On the establishment of the Council on Intellectual Property" of February 7, 2018, No. 90, which establishes the body of the same name, whose task is to promote coordination of executive authorities in the field of intellectual property, identify ways overcoming problems that arise in this area, preparation of recommendations and proposals, etc.

The presence of a significant number of international and national regulations related to the protection of intellectual property rights necessitates the systematization of existing rules and the allocation of key provisions that can help solve urgent problems of intellectual property protection on the Internet, as underdeveloped terminology and significant gaps in the legal regulation of certain objects related to intellectual property rights on the Internet (as will be noted below) lead to serious problems in the field of protection and enforcement of intellectual property rights.

Intellectual property rights on the Internet: the main problems and ways to solve them The constant growth of Internet users around the world has led to the emergence of so-called Internet offenses, including those related to intellectual property rights. The situation at the international level is complicated by the lack of provisions of international regulations that would regulate the protection of intellectual property rights on the Internet. Most of these acts were adopted in the early to mid-twentieth century, and therefore to predict all the problems that will arise with the development of the Internet was not possible. However, some researchers believe that to protect intellectual property rights on the

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230 Internet, the adoption of new international instruments is still not a way out of this situation.

Instead, they propose to resolve issues at the national level.

At the international level, issues related to domain names are regulated by the following documents: 

This point of view is primarily related to the first problem of protection of intellectual property rights on the Internet – the unsuitability of the concept of the place of the offense to cyberspace.

The fact is that many Internet resources currently use domain names that are registered to residents of offshore countries to distribute illegal content that violates the property rights of certain legal entities or individuals, making them inaccessible to international law enforcement and judicial authorities in Europe and the USA. Taking advantage of the fact that traditional justice requires a lawsuit at the location of the defendant, those who post illegal content in this way virtually eliminate all opportunities for rights holders to obtain fair compensation in court.

The most common infringements of intellectual property rights on the Internet are (Sotnyk, 2021):





1) The use as a component of a domain name of a name that is identical or similar to the level of mixing with a registered trademark, followed by the use of such a domain for commercial purposes (so-called domain disputes).

The legislative definition of the term "domain" is contained in the Law of Ukraine "On Telecommunications" (Law No. 1280-IV, 2003).

According to Part 1 of Article 1 of this Law, a domain is a part of the hierarchical address space of the Internet that has a unique name that identifies it, is serviced by a group of domain name servers, and is centrally administered. The same article defines that a domain can have several levels, in particular: domain.UA – the top-level domain of the hierarchical address space of the Internet, created based on coding country names following international standards, to serve the address space of the Ukrainian segment of the Internet; second-level domain – part of the address space of the Internet, located at the second level of the hierarchy of names in this network.

As for the actual domain name, under para. 15 art. 1 of the Law of Ukraine "On Protection of Rights to Marks for Goods and Services" domain name is a name used to address computers and resources on the Internet (Law No. 3689-XII, 1993).

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WIPO Report " The Management of Internet Names and Addresses: Intellectual Property Issues" (1999); Joint Recommendation on the Protection of Well-known Marks, adopted by the Paris Union Assembly for the Protection of Industrial Property and the General Assembly of the World Intellectual Property Organization at the 34th series of meetings of the Assembly of the Member States of the World Intellectual Property Organization on 20-29 September 1999; Joint Recommendation "On the Protection of Marks and Other Industrial Property Rights on Internet Designations", adopted by the Paris Union Assembly on Industrial Property Protection and the General Assembly of the World Intellectual Property Organization at the 36th meeting of the Assembly of Member States of the World Intellectual Property Organization property September 24 – October 3, 2001.

Based on the case-law on disputes related to domain names, it is possible to identify mechanisms for the protection of intellectual property rights in domain disputes: I.

II. III.

protection of rights in civil, commercial, administrative, and criminal proceedings. In the literature, one can find the idea of appealing to law enforcement agencies to initiate a criminal case as an additional type of protection of intellectual property rights (Bukhtiyarov, 2021); appeal to the bodies of the Antimonopoly Committee. appeal to the arbitral tribunal, application of the Uniform Domain Name Dispute Resolution Policy (UDRP), (Coordination Council of the Ukrainian Network Information Center, 2013), it is possible to resolve disputes out of court by applying to the Commission for Pre-trial Resolution of Domain Disputes, which is formed on the initiative of the ".UKR" domain administrator.

2) Violation of industrial design rights.

In the context of this type of intellectual property infringement, it should be noted that an industrial design on the Internet may be protected as the appearance of a particular industrial product (drawing or coloring or a combination thereof)

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hosted on a website on the Internet, and the graphical interface of the website itself, through which the user of the website interacts with complex computer programs.

According to Law No. 3792-XII, a website is a set of data, electronic (digital) information, other objects of copyright and (or) related rights, etc., related to each other and structured within the address of the website and (or) the account of the owner of this website, which is accessed through the Internet address, which may consist of a domain name, directory or call records and (or) a numerical address according to the Internet Protocol.

According to Zerov (2013, 2018), it is advisable to consider the website through its division into the front end (what the user sees) – design, content; and back end (what is hosted on the server) part. Website design can receive legal protection as a work of fine art or industrial design (GUI). Also, a similar position on the content of the website is expressed in the Guidelines for employees of legal services (legal advisers) of executive authorities, state enterprises, institutions and organizations "Website as an object of intellectual property relations", where one of the components of the website there is information content. It is the information content of the sites that attract the attention of visitors, and it is the most valuable for the site owner. The content of the site consists of text, graphics, and audiovisual materials. They are all subject to copyright, which means that their copyrights can be registered separately. In addition, property and non-property rights to each of these objects may belong to different persons (Ukraine, The Ministry of Justice, 2016).

3) Illegal publication or posting on the Internet for illegal downloading of copyright objects (journalistic works, programs, video, audio products, etc.) – the so-called "piracy".

The main area of infringement of intellectual property rights on the Internet was and remains the so-called "piracy". Art. 50 of the Law "On Copyright and Related Rights" (Law No. 3792XII, 1993) establishes the definition of piracy in the field of copyright and (or) related rights – publication, reproduction, import into the customs territory of Ukraine, export from the customs territory of Ukraine, and distribution of counterfeit copies of works (including computer programs and databases), phonograms, videograms, illegal disclosure of programs of broadcasting organizations, camcording, card sharing, as well as Internet piracy, i.e. the commission of any actions that are recognized

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under this article as a violation of copyright and (or) related rights using the Internet. Piracy, according to this article, is a violation of copyright and (or) related rights, which gives grounds for protection, including judicial, of such rights.

Contribute to the spread of Internet piracy and advertising, which is purchased by well-known brands and which is placed automatically, including on pirated sites, and the availability of content for ordinary users. Due to this, Internet piracy is thriving not only in Ukraine but all over the world, but the methods of combating it differ.

The practice of shifting responsibility to ISPs for preventing the distribution of illegal content and controlling such distribution is becoming widespread. In particular, Grigoryants (2014), analyzing the experience of foreign countries, reveals popular mechanisms to combat Internet piracy. In Canada, for example, a copyright holder has the right to contact an ISP to report that a subscriber has made available content that infringes the copyright or related rights. The provider, in turn, sends such a subscriber a warning and monitors its activities for a definite time, after which, if illegal content has not been removed, the subject of copyright or related rights has the right to sue the provider to disclose such subscriber's data, and then about the elimination of content and protection of infringed rights. In France, the United Kingdom, and Germany, the researcher points out, that there is also a mechanism for declassifying subscriber data, which provides access to infringing content at the request of a court or a specialized body for copyright and related rights on the Internet. In Ukraine, a non-profit organization, the Ukrainian Anti-Piracy Association, was established to combat Internet piracy. In particular, they created a particular site, which contains a list of sites to which rights holders have complaints about the illegal placement of content, and which is constantly updated. Thus, when buying advertising, brands may ignore such sites, and, thus, not support Internet piracy. There is also the Clean Sky Initiative, which cooperates with cyberpolice in its activities to combat Internet piracy, supports public information about sites and providers to which rights holders have claims, etc.

At the same time, if we compare the legislative experience of European countries and Ukraine, in our country at the legislative level there is no obligation for Internet providers to monitor the activities of subscribers and provide information about customers (only by court decision) at the request of rights holders.

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232 Thus, there are several significant problems associated with the protection and enforcement of intellectual property rights on the Internet.

First, there is a lack of legislation that would oblige providers to respond to the distribution by subscribers of content that infringes a copyright and related rights of rights holders. When establishing such a mechanism, it should be borne in mind that providing providers with the opportunity to disclose information about subscribers at the request of right holders without a prior court decision or permission of a public authority may adversely affect the confidentiality of user data on the Internet.

Instead, the introduction of too complicated a procedure for obtaining such a permit can lead to lengthy legal and extrajudicial delays, which will also not contribute to the effective protection of the rights of rights holders.

Secondly, the lack of government agencies that deal with the problems of Internet piracy.

Currently, as described above, there are nonprofit organizations that fight against Internet piracy. However, due to the fact that such bodies are not state-owned, there is no constant informing of the public about their activities, which negatively affects the awareness of citizens about this problem and the consequences it entails.

In addition, for an effective mechanism for the protection of intellectual property rights, a necessary element is the fixation of the offense.

Researchers who studied the protection of intellectual property rights on the Internet concluded the list of actions that certify these offenses. Thus, there are visual and technical ways to record infringements of intellectual property rights on the Internet (Table 1).

Table 1.

The methods of recording the offense of intellectual property rights on the Internet.

The method of recording the offense Print a web page

Audio or video review of a web page review

Web page overview: - court; - a lawyer; - by any interested person.

Characteristic Providing the court with a web-screenshot of the web page and acknowledging it as written evidence. This type of evidence is possible if it is not objected to by the other party to the dispute (Resolution of the Plenum of the Supreme Economic Court of Ukraine No. 12, 2012) Such a record is submitted to the court on an electronic or another media (computer hard disk, diskette, disk for laser reading systems, other media) indicating who, when, and under what conditions was the record.

In this case, the court recognizes the evidence as material.

Such a right of the court is provided by the provisions of the Commercial and Civil Procedure Codes of Ukraine (Article 140 of the Civil Procedure Code (Law No. 1618-IV, 2004), Article 39 of the Commercial Procedure Code (Law No. 1798-XII, 1991), according to which material and written evidence cannot be delivered to the court are examined at their location. This location is the Internet, so the judge, if technically possible, can view the web page.

The lawyer has the right to collect information about the facts that can be used as evidence following paragraph 7. Part 1 of Art. 20 of the Law "On Advocacy and Advocacy" (Law No. 5076-VI, 2012).

Any interested person has the right to view the website on which the dispute is resolved, based on the Resolution of the Plenum of the Supreme Economic Court of Ukraine of October 17, 2012, No. 12 .

These inspections must be certified by an appropriate protocol .

The technical methods of recording infringement of intellectual property rights on the Internet include (Table 2):

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Table 2. Technical methods of recording infringement of intellectual property rights on the Internet.

Conducting expert research

Getting help from providers Use of the service InternetAr chive. Way backMachine (Internet Archive / Digital Library of Free Books, Movies, Music & Wayback Machine, 2021).

Instant fixing of web pages with the help of private online services

During the expert research in the field of telecommunications, the following actions are performed: verification of the domain name (the expert determines whether there is a website with the appropriate domain name on the Internet on the date of the research and whether it is connected correctly); fixing a redirect to another domain name (if any); fixation of the data received using the WHOIS service (the expert establishes data on date of registration of the domain name, date of modification of the last changes, about the domain administrator); determining the IP address to which the domain name corresponds; recording data about the company that provides hosting services for this domain name; checking the correctness of the display of the content of the website; display the main page; go to and record pages that contain intellectual property or information relevant to research fixation of audio, video or text files placed on the website that are important for research (this type of research is extremely relevant in copyright infringement on the Internet); fixing of all web -site if it is necessary (Order of the Ministry of Justice of Ukraine No. 53/5, 1998).

These certificates may contain information about subjects that have committed acts that are considered copyright infringement.

The service captures the content of individual web pages offline. This service has the status of a library and is subject to US law.

Not only the visual display but also the source code, the URL of the web page, and the time of such fixation are recorded.

The tables (Table 1 and Table 2) are compiled by authors based on the analysis of scientific works of Zerov (2013, 2018), Kovalenko (2018), Yanitska, Ambrush, & Koval (2019), Litavskay (2020), and Zheleznyakova (2021).

In the context of changes in intellectual property rights, the judgment of the Court of Justice of the European Union in the case of VG Bild-Kunst v.

Foundation Preusßischer Kulturbesitz (2021).

One of the principal solutions was that in the chaotic dematerialized Internet sphere, the only way to restrict access to the author's work is to establish actual restrictions, technological "fences" or "walls". This approach does not violate other rights, such as fundamental rights, mainly freedom of expression. The Court of Justice of the European Union noted in its judgment that hyperlinks, whether used in connection with framing techniques or not, contribute to the smooth functioning of the Internet, which is of particular importance for freedom of speech and information. " It can be argued that this position of the Court of Justice of the European Union implicitly confirms the tendency to recognize the lack of

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technological restrictions on access to Internet content as a basis for legal access.

Conclusions As a result of the study, the following conclusions were made.

Despite the complexity of solving the problem of protection of intellectual property rights on the Internet, legal doctrine and legislators at both national and international levels develop provisions that address many unresolved issues in the field of protection of intellectual property rights on the Internet, such as the lack of specialized litigation in the field of intellectual property (improving criminal, civil, commercial proceedings by regulating crimes in the relevant codes; procedural assistance, in particular, in the form of providing such actions as printing and audio or video recording of the web page status of evidence), low legal culture, which is manifested in the confidence of Internet users in the natural right to be free of charge consumers of intellectual property rights, which in turn creates a proposal for the illegal distribution of intellectual property (it is necessary to complete

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233

234 the formation of legislation basis for ensuring the functioning of relations in the field of intellectual property.

There are proposals to refer all disputes related to intellectual property to the jurisdiction of the commercial court. The basis for such beliefs is the fact of the high qualification of judges who have specific knowledge. Today, these cases, their preparation for consideration, consideration, and decision-making are perhaps the most complex in terms of even technology, so we need extensive, large, and structured legislation, which includes the implemented rules of international instruments, insufficient funding for measures to combat the illegal distribution of intellectual property (funding of public organizations from the state budget would expand their scope and open new programs and initiatives. Such organizations under the auspices of government agencies would have the opportunity to cooperate with foreign authorities and organizations to jointly develop options for solving the problem of Internet piracy).

Based on the above, it would be appropriate to identify proposals to improve the protection of intellectual property rights on the Internet: 

  

legislative improvement of the norms of regulation of the sphere of intellectual property on the Internet through the use of foreign experience in this field; raising the legal culture of citizens; creation of specialized legal proceedings; financing of the system of protection of intellectual property rights from the state budget or other sources not prohibited by law.

In addition, it is necessary to move in this direction during further research.

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Recovered from

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https://nkrzi.gov.ua/images/upload/287/4258/0a 7cbe98279cdd8e2fa76b42fc626165.pdf Court of Justice of the European Union. (2021).

VG Bild-Kunst v. Foundation Preusßischer Kulturbesitz: Judgment. Recovered from https://curia.europa.eu/juris/document/document .jsf?text=&docid=238661&pageIndex=0&docla ng=EN&mode=req&dir=&occ=first&part=1&ci d=4182944 Grigoryants, G.I. (2014). Protection of copyright and related rights against piracy on the Internet under the laws of Ukraine and the Russian Federation. Actual problems of state and law, 72, 236-242.Recovered from http://nbuv.gov.ua/UJRN/apdp_2014_72_36 Inshin, M.I. (2008). Current state and ways to improve the relationship between public authorities and the media. Sumy: Environment.

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The official web-site. Recovered from https://archive.org Kharytonov, E., Kharytonova, O., Kolodin, D., & Tkalych, M. (2020). The Covid-19 Pandemic and the Rights of the Individual in Terms of Private and Public Law. Ius Humani. Law Journal, 9(2), 225-250.

DOI: https://doi.org/10.31207/ih.v9i2.253 Kovalenko, I.A. (2018). Actual problems of protection and protection of intellectual property rights on the Internet In the context of globalization of society and modern technologies. Scientific notes of Tavriya National University named after Vernadsky: legal sciences, 29(68), 52-55. Recovered from https://er.knutd.edu.ua/bitstream/123456789/17 196/1/20210222_302.pdf Law No. 1280-IV, On telecommunications.

Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, November 18, 2003. Recovered from https://zakon.rada.gov.ua/laws/show/128015#Text Law No. 1618-IV, Civil Procedure Code of Ukraine. Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, March 18, 2004.

Recovered from https://zakon.rada.gov.ua/laws/show/161815#Text Law No. 1798-XII, Commercial Procedural Code of Ukraine. Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, November 6, 1991.

Recovered from https://zakon.rada.gov.ua/laws/show/179812#Text Law No. 2341-III, Criminal Code of Ukraine.

Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, April 5, 2001. Recovered from

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https://zakon.rada.gov.ua/laws/show/234114/conv#n2649 Law No. 254к/96-ВР, Constitution of Ukraine.

Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, June 28, 1996. Recovered from https://zakon.rada.gov.ua/laws/show/254%D0% BA/96-%D0%B2%D1%80#Text.

Law No. 3689-XII, On protection of the rights to marks for the goods and services. Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, December 15, 1993. Recovered from https://zakon.rada.gov.ua/laws/show/368912#Text Law No. 3759-XII, On television and radio broadcasting. Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, December 21, 1993.

Recovered from https://zakon.rada.gov.ua/laws/show/375912#Text Law No. 3792-XII, On copyright and related rights. Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, December 23, 1993.

Recovered from https://zakon.rada.gov.ua/laws/show/3792-12 Law No. 435-IV, Civil Code of Ukraine. Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, January 16, 2003. Recovered from https://zakon.rada.gov.ua/laws/show/43515#Text Law No. 436-IV, Commercial Code of Ukraine.

Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, January 16, 2003. Recovered from https://zakon.rada.gov.ua/laws/show/43615#Text Law No. 5076-VI, On advocacy and advocate activity. Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, July 5, 2012. Recovered from https://zakon.rada.gov.ua/laws/show/507617#Text Law No. 8073-10, Code of Ukraine on Administrative Offenses. Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, December 7, 1984.

Recovered from https://zakon.rada.gov.ua/laws/show/8073110#Text.

Litavsky, T. (2020). IP protection on the Internet: how should it theoretically work? Legal newspaper Online. Recovered from https://yurgazeta.com/publications/practice/zahistintelektualnoyi-vlasnosti-avtorske-pravo/zahistiv-u-merezhi-internet-yak-ce-teoretichno-maepracyuvati.html Mind. (2020). The number of Internet users in the world has reached 4.8 billion. Recovered from https://mind.ua/news/20219912-kilkist-internetkoristuvachiv-u-sviti-dosyagla-48-mlrd Order of the Ministry of Justice of Ukraine No. 53/5, Instruction on the appointment and conduct

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of forensic examinations and expert research and Scientific and methodological recommendations on the preparation and appointment of forensic examinations and expert research. Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, October 8, 1998.

Recovered from https://zakon.rada.gov.ua/laws/show/z070598#Text Paris Union Assembly for the Protection of Industrial Property, & the General Assembly of the World Intellectual Property Organization.

(1999). Protection of Well-known Marks: Recommendation.

Recovered from https://www.wipo.int/edocs/pubdocs/en/marks/8 33/pub833.pdf.

Paris Union Assembly on Industrial Property Protection, & the General Assembly of the World Intellectual Property Organization. (2001). On the Protection of Marks and Other Industrial Property Rights on Internet Designations: Recommendation.

Recovered from https://www.wipo.int/edocs/pubdocs/en/marks/8 45/pub845.pdf Petrovsky, S.V. (2002). Legal regulation of the provision of Internet services. Russian Law Academy of the Ministry of Justice of the Russian Federation, Моscow. Recovered from http://www.lib.ua-ru.net/diss/cont/100565.html Republic of Uzbekistan, & Ukraine. (1998).

Agreement between the Cabinet of Ministers of Ukraine and the Government of the Republic of Uzbekistan on cooperation in the field of protection of intellectual property rights.

Recovered from https://zakon.rada.gov.ua/laws/show/860_115#T ext Resolution of the Cabinet of Ministers of Ukraine No. 90, On the establishment of the Council on Intellectual Property. Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, February 7, 2018.

Recovered from https://zakon.rada.gov.ua/laws/show/90-2018%D0%BF#Text Resolution of the Plenum of the Supreme Court No. 5 "On the application by courts of the law in cases of protection of copyright and related rights". Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, June 4, 2010. Recovered from http://zakon3.rada.gov.ua/laws/show/v000570010/print1444415769881869 Resolution of the Plenum of the Supreme Economic Court of Ukraine No. 12, On some issues of dispute resolution practice related to the protection of intellectual property rights. Bulletin of the Verkhovna Rada of Ukraine, Kyiv, Ukraine, October 17, 2012. Recovered from https://zakon.rada.gov.ua/laws/show/v001260012#Text

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236 Sotnyk, O.S. (2021). Internet as a risk area: infringement of intellectual property rights.

Recovered from https://fileview.fwdcdn.com/?url=https%3A%2 F%2Fmail.ukr.net%2Fapi%2Fpublic%2Ffile_vi ew%2Flist%3Ftoken%3DfxDN5cULzjVnXQa2 O4R_KTERI3KIlcMYyGwAixNLyCpJRu70M 8VIXzpVEDHpb545s0MfAxifrOtiadAs1JWRU bD1NWPhu6NmtjQNMYr6HwO3XA%253AbbzJa5hxjjFX kQqH%26r%3D1622994492167&default_mode =view&lang=uk#start=0 Ukraine, The Ministry of Justice. (2016).

Methodical recommendations for employees of legal services (legal advisers) of executive authorities, state enterprises, institutions and organizations "Website as an object of intellectual property relations". Recovered from http://www.justicekm.gov.ua/uploads/files/web-sait.docx Ukrainian Anti-Piracy Association. (2021). The official web-site.

Recovered from https://apo.kiev.ua/ United Nations. (1950). Convention for the Protection of Human Rights and Fundamental Freedoms.

Recovered from https://zakon.rada.gov.ua/laws/show/995_004#T ext World Intellectual Property Organization.

(1961). International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations.

Recovered from https://www.wipo.int/publications/en/details.jsp ?id=320&plang=RU World Intellectual Property Organization.

(1967). Convention Establishing the World Intellectual Property Organization. Recovered from https://www.wipo.int/treaties/en/convention/ World Intellectual Property Organization.

(1971). Strasbourg Agreement Concerning the International Patent Classification. Recovered from https://www.wipo.int/treaties/en/classification/st rasbourg/

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World Intellectual Property Organization.

(1996). WIPO Performances and Phonograms Treaty.

Recovered from https://www.wipo.int/treaties/en/ip/wppt/ World Intellectual Property Organization.

(1999). The Management of Internet Names and Addresses: Intellectual Property Issues.

Recovered from https://www.wipo.int/export/sites/www/amc/en/ docs/annex09.pdf World Intellectual Property Organization.

(2000). Patent Law Treaty. Recovered from https://www.wipo.int/treaties/en/ip/plt/ Yanitska, O.L., Ambrush, G.L., & Koval, O.M. (2019). Some problems of copyright protection on the Internet. Legal scientific electronic journal, 1, 147-150.

DOI https://doi.org/10.32782/2524-0374/2019-6/33.

Recovered from http://www.lsej.org.ua/6_2019/35.pdf Zerov, K. Yu. (2013). Website as an unnamed object of copyright. Scientific Bulletin of the International Humanities University: Jurisprudence, 6-3(2), 28-30. Recovered from http://vestnikpravo.mgu.od.ua/archive/juspradenc6-32/07.pdf Zerov, K.O. (2016). Fixation of the content of a web page on the Internet as an element of exercising the right to copyright protection of works posted on the Internet. Monthly professional magazine "Lawyer". Recovered from https://iadvocate.com.ua/fiksatsiya-zmistuveb-storinky-v-merezhi-internet-yak-elementzdijsnennya-prava-na-zahyst-avtorskyh-pravna-tvory-shho-rozmishheni-v-merezhi-internet/ Zerov, K.O. (2018). Features of protection of copyright on works posted on the Internet. Kyiv: Interservice.

Zheleznyakova I. (2021). How to protect trademarks on the Internet. Price Control.

Recovered from https://www.pricecontrol.com.ua/kak-zashhitittovarnye-znaki-v-internete/

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DOI: https://doi.org/10.34069/AI/2021.41.05.23

Extent of mastering Twenty-First-Century E-Learning competencies among Prince Sattam Bin Abdulaziz University Staff

‫مدى تمكن أعضاء هيئة التدريس بجامعة األمير سطام بن عبد العزيز من كفايات التعلم اإللكتروني‬ ‫للقرن الحادي والعشرين‬ Received: May 12, 2021

Accepted: June 15, 2021

Written by: Majed Al-Sharidah83 https://orcid.org/0000-0002-4509-9919

:‫الملخص‬

Abstract This study aims to identify the extent of mastery of the lecture staff of Prince Sattam Bin Abdulaziz University over e-learning competencies in the twenty-first century. Hence, the study population comprised all Prince Sattam staff members (N=436); from this population, a random sample was selected (N=102). The study followed the descriptive research approach. The questionnaire results revealed that the staff members have high e-knowledge, with an average degree of 4.09, and master the competency of using technologies in the educational process to a high degree, average of 4.04. Furthermore, they master the competency to design and manage e-courses to a moderate degree (3.39). Notably, the study showed statistically significant differences (at a level of a=0.5) between male and female participants in the domains of e-knowledge, use of technologies in the educational, and design and management of e-courses and demonstrated better performance in these aspects by female participants. Moreover, the results showed that there were statistically significant differences at a=0.05 level according to the participants’ academic degree (demonstrator and lecturer or assistant professor to professor) and that staff members such as demonstrators and lecturers master the domains of e-knowledge and technology use in the educational more easily than other staff members.

‫هدفت الدراسة الحالية إلى تحديد درجة تمكن أعضاء‬ ‫هيئة التدريس بجامعة األمير سطام بن عبد العزيز‬ ،‫لكفايات التعلم اإللكتروني للقرن الحادي والعشرين‬ ‫وتكون مجتمع الدراسة من جميع أعضاء هيئة التدريس‬ ‫ تم‬،)436( ‫بكليات وادي الدواسر والسليل وكان عددهم‬ ‫) عضو‬102( ‫اختيار عينة عشوائية منهم بلغ عددهم‬ .‫هيئة تدريس و اتبعت الدراسة منهج البحث الوصفي‬ ‫وأشارت نتائج الدراسة إلى أن أعضاء هيئة التدريس‬ ‫لديهم معرفة إلكترونية بدرجة عالية بمتوسط حسابي‬ ‫ ويتقنون كفاية استخدام التقنيات في العملية‬،)4.09( ‫ أما‬،)4.04( ‫التعليمية بدرجة عالية بمتوسط حسابي‬ ‫بالنسبة لكفاية تصميم وإدارة المقرر اإللكتروني فجاءت‬ ‫ كما‬،)3.39( ‫بدرجة متوسطة حيث كان بمتوسط حسابي‬ ‫كشفت الدراسة وجود فروق ذات داللة إحصائية عند‬ ‫أنثى ) في‬/ ‫) بين نوع الجنس( ذكر‬a =0,05( ‫مستوى‬ ‫محور المعرفة اإللكترونية و محور استخدام التقنيات‬ ‫في العملية التعليمية و محور تصميم وإدارة المقرر‬ ‫ كما أكدت الدراسة‬.‫اإللكتروني وجميعها لصالح اإلناث‬ a=0,05( ‫وجود فروق ذات داللة إحصائية عند مستوى‬ ‫أستاذ مساعد إلى‬/‫) بين الدرجة العلمية (معيد ومحاضر‬ ‫أستاذ) في محور المعرفة اإللكترونية و محور استخدام‬ ‫التقنيات في العملية التعليمية وذلك لصالح (معيد‬ .)‫ومحاضر‬

Keywords: descriptive research, educational process, e-knowledge, e-learning competency for the twenty-first century, staff member.

83

Dr. Education. Prince Sattam Bin Abdulaziz University, College of Education in Wadi Al-Dawasir, Saudi Arabia.

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Al-Sharidah, M. / Volume 10 - Issue 41: 237-249 / May, 2021

Introduction

Study problem

In this modern era, there is growing concern among educators and educational stakeholders regarding recent technological changes and the means of transforming and exchanging knowledge. However, the efficacy of these technological changes has been ascertained. In this context, a clear understanding of the modern communication variables and techniques can contribute to the design and provision of appropriate environments that facilitate the educational process that employs modern communication techniques in a manner that befits the changing circumstances (Ilyashenko, Gladkova, Kutepov, Vaganova & Smirnova, 2019). Educational technologies play a significant role in individualizing the learning process and positively affect academic achievement and knowledge acquisition (Vaganova, Bogoslova, Nagovitsyn, Sundeeva & Morozova, 2020, Mahmoud, 2021).

Saudi Arabia has consistently strived to advance educational performance and improve its different aspects, particularly in university-level educational institutions, to achieve the kingdom’s vision for 2030 and the national transformational program of 2020 (Saudi vision 2030, 2019). Technology plays a significant role in increasing educational efficacy. Therefore, in recent years, the Prince Sattam bin Abdulaziz University (PSAU), Al-Kharj, Saudi Arabia, has been rapidly taking steps to join the list of global universities achieving digital transformation, as represented by the Deanship of Information Technology and Distance Education. The Deanship is responsible for promoting e-learning culture in the university through workshops and training courses, and encouragement of staff members to carry out their practices by utilizing the resources and online platforms provided by the university (Al-Sharidah, 2019).

Accordingly, Al-Mutairi (2017) explained how scientific and technological developments affect various domains, including education, which further specifies the necessity of adjusting to such changes. Hence, the introduction of modern technologies with all their innovations in terms of educational tools, materials, and devices in the field of education is necessary to improve the educational process, increase its efficiency and effectiveness, and create a qualitative shift in teaching and evaluation methods and means.

According to Vaganova, Odarich, Rudakova, Volkova, and Bulaeva (2020, p. 44), educational technologies change the process of preparation of students, which enables them to practice their acquired knowledge in real-world professional conditions.

Accordingly, educational technology is one of the most important domains that many universities expect to benefit from, and its application is an important source of information.

This significant capability of educational technology in various educational fields to transform learners’ skills and experiences has received considerable attention from educational researchers. Further, compared to traditional methods of lecturing and information narration, the use of technology increases the ability of students by shifting their role from being information receivers to interacting with the educational environment through technology and taking advantage of all its valuable capabilities.

Al-Saedi and Na'im (2016) confirmed that technology enhances and expands learning opportunities, improves the results of the educational process, achieves equity in access to education, enables inclusiveness in the educational process, and helps students acquire valuable skills in using various devices and electronic programs.

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As it is necessary to ensure the technological competence of every individual in educational settings, particularly to evaluate individuals’ skills, knowledge, and attitudes, as required, staff members must master learning according to predetermined outcomes. Some studies indicate that many individuals lack sufficient experience and training in the field of technological competency acquisition, for instance, the studies

by Gulbahar and Guven (2008) Al-Maamari and Al-Masrouri (2013) Celik (2021). Hence, staff members should possess many of the electronic competencies required in the twenty-first century. Based on these considerations, the researcher conducted this study to identify the extent to which PSAU staff members master the e-learning competencies required in the twentyfirst century. The current study for the Saudi Arabian society is an opportunity to improve the level of university education to cope with the Kingdom's 2030 vision and the National Transformation Program 2020 (2016-2020).

Study questions The study addressed the following main question:

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Volume 10 - Issue 41 / May 2021

What is the extent to which PSAU staff members master the e-learning competencies required in the twenty-first century, and what is its relation to variables such as gender and academic degree?

media, three-dimensional effects, and virtual reality techniques, that provide more opportunities for teacher–learner interactions (Faris, 2008).

This question raises the following sub-question with two parts:

Several studies and literature reviews have investigated the concept of e-learning, which is defined as follows: “Flexible learning method using technological innovations and information network equipment via the Internet, relying on multi-directional communication and providing educational material concerned with interactions between learners and the teaching staff, expertise and software Anytime, anywhere” (Ismail, 2009, pp. 54-55).

Are there significant statistical differences between the means of the scores of staff members’ mastery of twenty-first-century elearning competencies in the axes of electronic knowledge, use of technological techniques in the teaching process, and design and management of electronic courses according to (i) gender and (ii) academic degree?

Literature review e-Learning is a modern style of learning that has become popular during the twenty-first century.

It is based on the idea of investing in technical capabilities and means of communication to communicate information to students anywhere and at any time. Further, it involves the application of educational technology between a teacher and student either synchronously or asynchronously, and employs advanced educational techniques, such as educational

Further, Arinto (2013) offered a framework to develop open and distance learning using the technological capabilities that are emerging in the twenty-first century. The study results suggested that faculty training programs should ensure the development of faculty’s technological competencies, in addition to covering the four areas of change in curriculum design identified by the study regarding the extent of knowledge complexity and competencies required for each area, at each level, in all the four areas shown in Figure 1 (Arinto, 2013, p. 174).

Fig. 1. Patterns of technological competencies; Technological Pedagogical Content Knowledge (TPACK), Pedagogical Content Knowledge (PCK), Technological Content Knowledge (TCK), Technological Pedagogical Knowledge (TPK), Technological Knowledge (TK), Pedagogical Knowledge (PK), and Content Knowledge (CK). Source: Arinto (2013).

In this study, a review of the studies that determine the extent to which staff members master electronic competencies revealed differences in the degree of mastery. The study

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by Al-Turki (2009) determined the degree and practice of e-learning competencies among King Saud University staff members; the results indicated that the faculty members had low

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240 technological competencies in using network and Internet tools that require higher skills than the competencies associated with the theoretical aspects of e-learning.

The study by Al-Mutairi (2017) aimed to find the degrees to which staff members at the Faculty of Education, King Saud University, use the university-provided e-learning tools and identify the obstacles to using these tools. The study results demonstrated the usage degree of elearning tools to be moderate. Further, there were statistically significant differences between the averages of the faculty members’ use of elearning tools for the variable academic degree (master of arts/doctor of philosophy) in favor of doctoral students.

Mohammed and Al-Sayyid (2014) investigated the e-learning competencies of 159 staff members of Um Al-Qura University. They concluded the presence of e-learning competencies (to an average degree) and specified the absence of any significant statistical differences in the existence of these competencies according to the gender variable (men/women). However, they found significant statistical differences for the field of specialization and experience in using the Internet.

Moreover, the study by Younis (2015) clarified the presence of e-learning competencies and the faculty’s attitude toward e-learning competencies. The study examined 60 staff members of the faculties of science and human studies in Hawtah Sudayr and revealed that the staff’s competencies of using the computer and the Internet were high, whereas those of designing and preparing electronic courses and managing and evaluating these courses were moderate.

The study conducted by Al-Sharidah (2019) identified the extent of applying the Blackboard system in the educational process for staff members at the Faculty of Education in PSAU from the perspective of students (men and women). Further, the study examined the availability of equipment that supports the implementation of the Blackboard system in classrooms. The results indicated that the usage level ranged from moderate to low degrees.

One of the most important results of the study by Wahsha (2017) was that the use of e-learning in Arabic language teaching was moderate (3.47) and that of e-learning had an average value of 3.58. Further, the study indicated the absence of

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statistically significant differences between the degree of using e-learning in the teaching of Arabic language materials at Najran University according to gender, school year, and accrual rate.

Finally, a study by Ibrahim and Al-Filkawi (2018) examined the e-learning competencies of staff members of the Faculty of Education at Kuwait University. The results revealed high efficiency in the use of computers and the Internet, but only moderate efficiency in classroom management.

Methodology This study adopted the descriptive research approach, which relies on the study of the phenomenon as it exists, described the phenomenon accurately, and expressed it in quantitative terms. The study population consisted of the staff members of Wadi AlDawasir and Al-Sulayil colleges (the faculty of education, engineering, applied medical sciences; the faculty of arts; and the faculty of sciences and human studies in Al-Sulayil, PSAU) who were working during the academic year 2018–2019 (N=436 members). Further, a random sample was selected, which represented 25% (109) of the staff from different faculties.

The e-questionnaire was answered by 105 respondents. After the questionnaire survey, three questionnaires were found incomplete, and hence, excluded from the study. Accordingly, 102 questionnaires were finally accepted.

Study instrument e-Learning Competencies Questionnaire for the 21st Century The e-Learning Competencies Survey for the 21st Century was designed based on some earlier studies, such as those by Al-Turki (2009), Mohammed and Al-Sayyid (2014), and Ibrahim and Al-Filkawi (2018). Further, to answer the research questions within the framework of this research, the researcher prepared a survey whose primary form was comprised of two main parts:  

Part one: inclusion of basic data (research variables: gender and academic degree) Part two: representation of questionnaire questions related to e-learning competencies for the twenty-first century, and inclusion of the three axes.

The psychometric characteristics questionnaire are as follows:

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of

the

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Questionnaire validity. The questionnaire was presented in its preliminary form by three Professors who are experts in the field of ICT to ensure the conformance of each questionnaire item to the axis it belongs to and the clarity of each item. Necessary adjustments were made based on the arbitrators' suggestions through addition or deletion of content. Finally, the questionnaire comprised of 42 items, which were classified as follows: first axis: electronic knowledge (8 items); second axis: the use of technologies in the educational process (15 items); and third axis: design and management of

electronic courses (19 items). These items were placed in a five-point Likert scale as follows: master in a very high degree (5), master in a high degree (4), master in a medium degree (3), master in a weak degree (2), and master in a very weak degree (1).

Questionnaire reliability. The reliability of the questionnaire was confirmed by calculating the Cronbach’s alpha coefficients for the three axes, as depicted in Table 1.

Results

Table 1.

Cronbach’s Alpha Coefficients for the Axes of the Technological Competencies Questionnaire.

Axis of the questionnaire e-Knowledge Use of technologies in the educational process Design and management of e-courses Reliability coefficient for the entire questionnaire Table 1 reveals that the reliability coefficient of the overall questionnaire was 0.88, which is a statistically acceptable value.

Alpha coefficient (α) .738 .920 .716 .882 Table 2 depicts the study population’s main data.

Table 2.

Analysis of the Research Sample according to Gender and Academic Degree.

Gender

Academic degree

Gender

Frequency

Percentage

Male

36

35

Female Total Demonstrator and lecturer From assistant professor to professor Total

66 102 25 77 102

65 100 24.5 75.5 100

Table 2 reveals that 35% of the sample was male and 65% female respondents. Further, it reveals that 24.5% of the sample was comprised of demonstrators and lecturers, whereas 75.5% assistant professors, associate professors, and professors.

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To answer the first research question, this study calculated the following: frequencies, percentages, averages, and standard deviations.

Frequencies, percentages, averages, and standard deviations (SDs) were calculated to determine the degree to which the study subjects estimated the questionnaire items. Tables 3, 4, and 5 depict the results.

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241

242 Table 3.

Means and Standard Deviations of Staff Members’ Mastery of Electronic Knowledge Competency.

No.

e-Competency

Means

SD

Rank

1

I know the PC’s hardware and software

4.16

.793

4

2

I run the computer correctly

4.65

.574

1

3

I know the features of various operating systems (Windows, Unix, Linux, etc.)

3.68

.997

7

4

I can protect my PC from viruses and other spying programs

3.82

.959

6

5

I know the features of all PC types (iPad, laptop, etc.)

3.97

.959

5

6

I know how to divide the hard disk drive into partitions

3,55

1.174

8

7

I know how to download/delete the applications’ programs according to my needs

4.32

.846

3

4.50

.805

2

4.09

.697

I know the different PC accessories (printer, scanner, etc.)

General average for e-knowledge competency PC: personal computer; SD: standard deviation.

8

According to Table 3, the competencies that were most commonly mastered by the faculty members to a very high degree were as follows: “I run the computer correctly,” with a mean of

4.65 and SD of 0.574, and “I know how to divide the hard disk drive into partitions,” with a mean of 3.55 and an SD of 1.174. In general, the faculty members had a high degree of electronic knowledge (mean of 4.095 and SD of 0.697).

Table 4.

Means and Standard Deviations for the Axis of Staff Members’ Mastery over the Competency of Using Technologies in the Educational Process.

No.

e-Competency

Means

SD

Rank

1

I used MS Word in the educational process

4.68

.733

2

2

I design presentations using a program (e.g., Microsoft PowerPoint, Flash, or Swish)

4.40

.882

5

3

I process data using MS Excel spreadsheets

3.80

1.09

10

4 5

I establish databases for educational purposes using MS Access I employ an infographic program that promotes the educational process (pictures and educational movie programs)

3.39

1.23

3.05

1.16

14 15

6

I use Data Show

4.31

.933

6

7

I use SMART Board in the educational process

3.89

.943

9

4.73

.529

1

4.65

.539

3

8 9

I use e-mail correctly (composing an e-mail, sending emails with attachments, receiving e-mails, and deleting unimportant messages) I use search engines to obtain useful information in the educational process

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10

I employ e-educational resources, such as the Sun platform and Saudi Digital Library, as learning resources I use the Internet to support scientific research (to facilitate access to the literature of earlier research 11 studies—document quotations in the references appropriately) I employ e-Cloud (e.g., Google Drive) in the educational process for purposes such as designing 12 questionnaires and tests and ensuring the safety and protection of important files on the Cloud I employ YouTube in the educational process 13 (establish an educational channel on YouTube and upload important video clips that serve the course) I follow the rules for using the World Wide Web as per 14 royalty protection I use social media programs (WhatsApp, Twitter, Facebook, Telegram, Snap chat, etc.) for e15 communication with the parties who are stakeholders in the educational process (students, teachers, parents, etc.)

General average for the use of technologies in the educational process .

Table 4 reveals that the competency that was most commonly mastered by faculty members in the use of technologies in the educational process axis is as follows: “I use e-mail correctly” (composing an e-mail, sending e-mails with attachments, receiving e-mails, and deleting unimportant messages…), with a mean of 4.73 and SD of 0.529. Further, the least proficient

3.99

.873

8

4.60

.693

4

3.73

1.100

12

3.51

1.217

13

3.75

1.059

11

4.12

1.146

7

4.039

.618

competency of the faculty members was “I employ an infographic program in the educational process” (pictures and educational movie programs), which had a mean of 3.05 and an SD of 0.618. In general, the staff members were competent in using technologies in the educational process, with a high mean of 4.039 and an SD of 0.618.

Table 5.

Means and Standard Deviations of Staff Members’ Mastery of the Competency of Designing and Managing Electronic Courses.

No.

e-Competency Set the general objectives of the course to be prepared in an e-form I decide on the e-content that supports the course’s topics I use some e-evaluation tools to electronically decide on the students’ abilities I decide on the physical and human requirements to electronically prepare the course

Mean

SD

Rank

3.98

1.015

2

4.18

.916

1

3.41

1.084

9

3.72

.989

3

5

I design all my courses electronically

3.70

.952

4

6

I regularly develop e-courses

3.63

.964

5

7

I evaluate students through assignments and e-tests

3.04

1.202

16

8

I make e-stores for the questions

3.10

1.182

14

9

I apply various e-feedback methods

3.20

1.135

12

3.07

1.163

15

2.99

1.067

18

1 2 3 4

10 11

I consider international standards in designing e-courses, such as Quality Matters I establish e-portfolios for the students

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244

I apply various systems of e-course management, such as the Blackboard or MOODLE I employ e-learning tools to inform students about managing the school curriculum (conduction of tests, an 13 apology for not attending a lecture, some instructions, etc.)

I activate e-cooperation and group projects for the 14 students through course activities I activate virtual classes through Blackboard Collaborate 15 Ultra I activate the features of Blackboard in evaluating 16 students’ work I train the students to complete the e-tests that are 17 available in the Blackboard program.

I perform follow-ups of the students’ learning and 18 answer their questions through e-messages I activate included learning strategies that suit the 19 academic curriculum General average of the competency to design and manage ecourses 12

Table 5 clarified that the most proficient competency mastered by the staff members regarding electronic course design and management was “I decide on the e-content that supports the course’s topics,” with a mean of 4.18 and an SD of 0.916, and the least proficient competency was “I activate virtual classes through Blackboard Collaborate Ultra,” with a mean of 2.96 and an SD of 1.043. In general, the PSAU faculty members were moderately proficient in electronic course design and management, with a mean of 3.39 and an SD of 0.852. In summary, a comparison of the results depicted in Tables 3 to 5 revealed that the highest competency possessed by the PSAU faculty was the competence of electronic knowledge (high degree) and the least competency was that of designing and managing electronic courses (moderate degree).

3.57

1.156

7

3.60

1.119

6

3.53

1.069

8

2.96

1.043

19

3.15

1.189

13

3.02

1.219

17

3.35

1.256

10

3.25

1.123

11

3.39

.852

learning competencies in the axes of electronic knowledge, use of technological techniques in the teaching process, and design and management of electronic courses according to gender?

To determine the effect of gender on the degree of mastery of faculty members of e-learning competencies in the axes of e-knowledge area, use of technology in education, and design and management of e-courses, multiple analysis of variance (MANOVA) was performed on multiple dependent variables.

Table 6 reveals a statistically significant difference at a<0.05 in the electronic knowledge, use of technology in education, and design and management of electronic courses axes according to gender. Further, the variable’s statistical significance was expressed as follows: F=7.965 was statistically significant at P=0.000, Wilks’ Lambda=0.804, and eta squared=0.196.

Are there significant statistical differences between the means of the scores of staff members’ mastery of twenty-first-century eTable 6.

Multivariate Test for the Gender Variable.

Independent variable Gender

Wilks' Lambda

Value

F

Hypothesis df

Error df

Sig.

Partial Eta Squared

0.804

7.965

3.000

98.000

0.00

0.196

To identify the effect of gender on each ecompetency axis, variance analysis was performed. Table 7 reveals significant statistical differences at a<0.017 between male and female

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respondents for the three competency axes. The F=10.047 value was statistically significant at P=0.002 for e-knowledge competency, whereas the F=20.187 value was statistically significant at

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P=0.000 for the use of technology in education.

However, the F=21.92 value was statistically significant at P=0.000 for the design and

management of e-courses. Hence, gender influenced all the e-competencies of the faculty.

Table 7.

Tests of Between-Subjects Effects.

Independent variable

Dependent variable

Gender

Electronic knowledge Use of technology in education Electronic course design

Type III sum of squares

df

Mean square

F

Sig.

Partial eta squared

4.487

1

4.487

10.047

.002

.091

6.489

1

6.489

20.187

.000

.168

13.206

1

13.206

21.920

.000

.180

To identify the gender category with significant influence on the three competency variables, the means and SDs of the corresponding data were calculated (Table 8), which clarifies that the mean of female staff’s e-knowledge was 4.25, which is higher than the mean for male staff (3.81). Regarding axis (use of technology in the educational process) competency, the mean for

female staff members on the use of technology in education was 4.22, which is higher than the corresponding value for male staff members (3.70). For the axis of design and management of e-courses, the mean for female staff members was 3.66, which was higher than the corresponding value for male staff members (2.90).

Table 8.

Descriptive Statistics.

Electronic knowledge

Use of technology in education

Electronic course design

Gender Male Female Total Male Female Total Male Female Total

Mean 3.81 4.25 4.09 3.70 4.22 4.039 2.90 3.66 3.391

Are there significant statistical differences between the means of the scores of staff members’ mastery of twenty-first-century elearning competencies in the axes of electronic knowledge, use of technological techniques in the teaching process, and design and management of electronic courses according to academic degree?

To determine how academic degree influences the mastery of twenty-first-century e-learning competencies by PSAU staff members in the axes of electronic knowledge, use of

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SD .74288 .62444 .69757 .68086 .49490 .61848 .89771 .70211 .85280

N 36 66 102 36 66 102 36 66 102

technologies in the teaching process, and design and management of electronic courses, MANOVA was performed.

Table 9 depicted a statistically significant difference at a<0.05 in the degree of mastering elearning competencies on the axes of eknowledge, use of technology in education, and design and management of e-courses attributed to the academic degree. Further, the following values were observed: F=5.755; statistical significance level, P=0.001; Wilks’ lambda=0.850; and partial eta squared=0.150.

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246 Table 9.

Multivariate Test for Scientific Degree Variable.

Independent variable

Value

F

Hypothesis df

Error df

Sig.

Partial eta squared

Academic degree

0.850

5.755

3.000

98.000

0.001

0.150

Wilks' lambda

To identify how academic degree influences each e-competency axis, variation analysis was conducted. Table 10 clarified a significant statistical difference at a<0.017 on the axis of eknowledge, with an F value of 17.046 and a statistical significance level of P=0.000. In addition, the results showed a significant statistical difference at a<0.017 on the axis of use of technology in education, since the F value was 9.55 and significance level was P=0.003.

However, the results did not show significant statistical differences at a<0.017 on the axis of designing and managing e-courses; the value of F was 4.721 and the significance level was P=0.032, which imply that academic degree influenced the faculty’s e-competencies in the axes of e-knowledge and use of technology in education, but had no impact on the design and management of e-courses.

Table 10.

Tests of Between-Subjects Effects.

Independent variable Scientific degree

Dependent variable Electronic knowledge Use of technology in education e-Course design

Type III sum of squares

df

Mean square

F

Sig.

Partial eta squared

7.158

1

7.158

17.046

.000

0.146

3.370

1

3.370

9.555

.003

0.087

3.312

1

3.312

4.721

.032

0.045

To determine the academic degree with the most influence on the axes of e-knowledge and use of technology in education, the means and SDs of different degrees were calculated, as shown in Table 11. The level of mastery of e-knowledge by a demonstrator and a lecturer was 4.56, which is higher than the level of the faculty members

who were assistant professors or higher (3.94).

On the axis of using technology in the educational process, the mastery level of staff members (a demonstrator and a lecturer) was (4.35), which is higher than that of staff members with designations of assistant professor and higher (3.93).

Table 11.

Descriptive Statistics for Scientific Degree.

Independent variable Electronic knowledge Use of technology in education

Dependent variable academic degree Below an assistant professor Assistant professor and higher Total Below an assistant professor Assistant professor and higher Total

.

Discussion The study revealed that PSAU staff members master high e-competencies in the axes of electronic knowledge and use of technologies in the educational process. This result may be

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Mean

SD

N

4.56 3.94 4.09 4.35 3.93 4.03

.52678 .68181 .69757 .53422 .61147 .61848

25 77 102 25 77 102

attributed to the significant interest that has been paid to e-learning by the university in recent years, which requires the university to continue motivating and encouraging e-knowledge acquisition or results from the society’s

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awareness of electronic measures and interest in an electronic culture.

statistical difference in the e-learning competencies of male and female participants.

Regarding the axis of use of technologies in the educational process, the results of this study are consistent with those of the study by Younis (2015), which indicated the existence of a high degree of competencies in using computers and the Internet among faculty members. This study’s results were in agreement with the results of Ibrahim and Al-Filkawi (2018) as well, which confirmed that the staff members of the Faculty of Education in Kuwait University mastered the competencies of using the personal computer and the Internet to a high degree. However, this contrasts with the study by Al-Turki (2009), which indicated the low e-competencies pertaining to the Internet application, as well as the study by Al-Mutairi (2017), which stated that the degree of use of e-learning tools by faculty staff members was moderate. This result reveals faculty members’ awareness of the importance of using modern educational technologies in the educational process.

This study revealed gender differences in the use of technology in education, such that female faculty members are more committed to following regulations and instructions, adjusting themselves to the latest developments in their fields of specialization, using e-knowledge and various technologies in the learning process, and designing e-courses.

Regarding the axis of e-course design, this study revealed that faculty staff members had moderate e-competencies. This is consistent with the studies by Younis (2015), Ibrahim and AlFilkawi (2018), Mohammed and Al-Sayyid (2014), and Al-Sharidah (2019), which confirmed the presence of competencies for designing and preparing e-courses to a moderate degree among staff members.

Further, the studies by Gulbahar and Guven (2008), Al-Maamari and Al-Masrouri (2013), revealed that a portion of the faculty lacks elearning experience and training. Although PSAU efficiently promotes the e-learning culture (Al-Sharidah, 2019), it is necessary to make utmost use of the potential of such technologies in the field of education, which is widely considered a measure of a country’s development (Kozma, 2008).

Furthermore, this study proved that respondents’ gender affected their mastery over e-learning competencies and that female respondents found it easier than male respondents to accept and master the e-learning competencies required in the twenty-first-century. The study by Wahsha (2017) revealed no significant statistical differences by gender in the degree of use of elearning in Arabic subjects teaching in Najran University, and the same result was confirmed by the study conducted by Mohammed and AlSayyid (2014), which showed no significant

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Moreover, this study revealed that academic degrees from demonstrator and lecturer/assistant professor to professor affected the faculty members’ e-learning competencies for the axes electronic knowledge and use of technologies in the educational process and that demonstrators and lecturers are more committed to mastering these competencies. This finding is consistent with the study by Al-Shehri and Hamdi (2011), which revealed statistically significant differences between the mean degrees of awareness of the virtual classes of faculty members according to the scientific degree variable (master’s/PhD) in favor of master’s degree; and the study by Al-Mutairi (2017), which revealed statistically significant differences between the means of educational etool use by faculty members by academic degree (master’s/PhD) in favor of PhD students.

There may be differences attributed to academic degree within the study sample that show demonstrators and lecturers to have found it easier than all other designations to accept and master e-learning competencies. This might have been caused by the higher technical skills possessed by lecturers than professors, particularly in the degree of awareness of virtual classes. The lecturers were, in general, more aware of recent developments, as they were new bachelor or masters’ degree graduates; and some of them used this awareness to complete their master’s or PhD theses with their supervisors. In addition, the university is keen in enabling the qualification of new cadres of teaching assistants and lecturers in the field of e-learning.

Conclusions This study clarified the extent of mastery of PSAU faculty members over the e-competencies in three axes, namely, e-knowledge, the use of technology in the learning process, and the design and management of e-courses. Besides, this study contributes to the determination of the degree of faculty members’ readiness to adapt themselves to virtual education environments

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248 (Arinto, 2013), which in turn contributes to the fulfillment of the kingdom's vision for 2030.

Therefore, Saudi universities in general and PSAU faculty members; conduct training and applied programs for the faculty staff on the design and management of the E-courses.

Provide the necessary support for the faculty staff to enable them use the E-learning competencies for the 21st century and follow up their teaching practices and enhance and encourage the faculty staff that uses the E-learning system. .

Bibliographic references Al-Maamari, S. & Al-Masrouri, F. (2013). The degree of availability of competencies information and communication technology with social studies teachers in the post-basic education in some Omani governorates. International Journal of Educational Research, 34, 60-93. http://search.shamaa.org/PDF/Articles/TSIjre/Ijr eNo34Y2013/ijre_2013-n34_060-092.pdf Al-Mutairi, S. (2017). The degree of using elearning tools by faculty members at the Faculty of Education, King Saud University. Journal of Educational Sciences, 3 (2), 57-102. http://search.shamaa.org/PDF/Articles/EGJes/Je sVol25No2P3Y2017/jes_2017-v25-n2-p3_057102.pdf.

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Al-Shehri, A.B.S.B.A., and Hamdi, N.A.Q. (2011), The degree of awareness of faculty members at King Abdulaziz University in Saudi Arabia about the virtual classroom system and their attitudes towards it. Journal of the Faculty of Education, Alexandria University, 21(3), 192-251. retrieved from: https://search.mandumah.com/Record/114117.

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learning. International Review of Research in Open and Distributed Learning, 14 (1), 167-185.

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Ibrahim, A & Al-Filkawi, A. (2018). Assessing The E-Learning Competencies of The Faculty Members At The College of Education Kuwait University. Educational Journal, 32 (128), 13-55. https://search-mandumahcom.sdl.idm.oclc.org/Record/931720 Ilyashenko, L.K., Gladkova, M.N., Kutepov, M.M., Vaganova, O.I., & Smirnova, Z.V. (2019). Development of communicative competencies of students in the context of blended learning. Amazonia Investiga, 8 (18), 313-322. https://amazoniainvestiga.info/index.php/amazo nia/article/view/313 Ismail, A. (2009). E-learning from application to professionalism and quality. Cairo: Book World.

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Vaganova, O., Odarich, I., Rudakova, O., Volkova, J. & Bulaeva, M. (2020). Level differentiation technology in vocational education. Amazonia Investiga, 9 (28), 42-49. https://amazoniainvestiga.info/index.php/amazo nia/article/view/1279 Wahsha, R. (2017). The Degree of Using ELearning In Teaching Arabic-Language Subjects To Students of Najran University In The Kingdom of Saudi Arabia From Their Perspectives.

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Educational Magazine, Jordan, 6(7), 67-79. https://search-mandumahcom.sdl.idm.oclc.org/Record/845797 Younis, I. (2015). The availability of e-learning competencies among faculty members of the Faculty of Studies and Humanities at Hotat Sudair and their attitudes towards them. Reading & Knowledge Magazine, Ain Shams University, 17, 225-255.

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Rojas-Bahamón, M.J., Ruales Benavides, S.G., Arbeláez Campillo, D.F. / Volume 10 - Issue 41: 250-266 / May, 2021

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DOI: https://doi.org/10.34069/AI/2021.41.05.24

Humedal Bruselas de Florencia Caquetá como ecosistema estratégico de la región Surcolombiana Brussels Wetland of Florencia Caquetá as a strategic ecosystem of the South Colombian region Received: November 2, 2020

Accepted: April 12, 2021

Written by: Magda Julissa Rojas-Bahamón84 https://orcid.org/0000-0003-4882-1476 Silvana G. Ruales Benavides85 https://orcid.org/0000-0003-2587-1470 Diego Felipe Arbeláez-Campillo86 https://orcid.org/0000-0002-9041-9563 Resumen

Abstract

El objetivo de esta investigación fue caracterizar el humedal Bruselas ubicado en el municipio de Florencia Caquetá como ecosistema estratégico de la región Surcolombiana a partir de diversos criterios ecológicos y socioculturales de acuerdo a la metodología propuesta por Olaya y Sánchez (2013) del grupo de investigación Ecosistemas Surcolombianos (ECOSURC). El estudio permitió determinar que este humedal presenta características únicas que lo hacen merecedor de ser catalogado como zona de protección, así mismo debe ser definido como determinante ambiental e incluirlo en el Plan de ordenamiento territorial municipal de Florencia. El humedal Bruselas requiere con urgencia la implementación de una serie de acciones encaminadas a buscar su protección y conservación en razón a las múltiples problemáticas encontradas.

The objective of this research was to characterize the Brussels wetland located in the municipality of Florencia Caquetá as a strategic ecosystem of the South Colombian region based on various ecological and sociocultural criteria according to the methodology proposed by Olaya and Sánchez (2013) from the research group Surcolombianos Ecosistemas (ECOSURC). The study made it possible to determine that this wetland has unique characteristics that make it worthy of being classified as a protection zone, it must also be defined as an environmental determinant and included in the Municipal Land Use Plan of Florence. The Brussels wetland urgently requires the implementation of a series of actions aimed at seeking its protection and conservation due to the multiple problems encountered.

Keywords: Amazonia, strategic ecosystem, anthropic effects, wetlands, protection zone.

Palabras claves: Amazonia colombiana, ecosistema estratégico, efectos antrópicos, humedales, zona de protección.

Introducción Los ecosistemas estratégicos se caracterizan por conservar el equilibrio natural relacionado con procesos ecológicos básicos como la regulación de climas, de agua, la depuración del aire, suelo y conservación de la biodiversidad. (Ministerio de Ambiente, 2021). Su importancia, además, está dada porque estos ecosistemas garantizan la

oferta de bienes y servicios ambientales para el desarrollo humano sostenible del país.

Sin embargo, a pesar de su importancia, su preservación está en crisis debido a dos factores fundamentales, la primera, porque no se realizan estudios de identificación de estos ecosistemas

84

Doctora en Educación y Cultura Ambiental. Docente Secretaría de Educación de Florencia. Docente Universidad de la Amazonia.

Grupo de Investigación Primmate. (Colombia).

85 Bióloga. Universidad de la Amazonia. (Colombia).

86 Magíster en Educación. Grupo de Investigación Primmate, Colciencias (Colombia).

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estratégicos a partir de criterios ecológicos y socioculturales, y el segundo, porque no existen políticas de preservación del ecosistema por la ausencia de estos estudios, situación que conlleva al desconocimiento de su importancia en un contexto local y regional.

En razón a lo anterior, este estudio cobra vital importancia pues el reconocimiento de los ecosistemas estratégicos permite valorar su necesidad en términos ecológicos y presentar argumentos y orientaciones que sirvan de base para promover su preservación a través de normativas locales y regionales.

De acuerdo con lo expuesto, el propósito de este estudio es caracterizar el humedal Bruselas, ubicado en la ciudad de Florencia departamento del Caquetá, caracterizarlo, identificar problemáticas y aplicar criterios que permitan determinar su importancia como ecosistema estratégico.

Adicionalmente, y en aras de presentar alternativas que mitiguen la problemática socio ambiental evidenciada en este ecosistema, se plantean propuestas de proyectos que pueden ser articuladas a un plan de manejo acorde a las necesidades de la comunidad con el fin de lograr la conservación y recuperación del humedal, pues, en concordancia con lo planteado por los Manuales Ramsar (2010), “El uso racional de los humedales es el mantenimiento de sus características ecológicas, lo cual se logra mediante la implementación de enfoques por ecosistemas, dentro del contexto del desarrollo sostenible”. (p.17) Los humedales y su importancia como ecosistemas estratégicos Los humedales son zonas en las que el agua es el factor principal; se presentan en lugares donde el agua es poco profunda. Son considerados ecosistemas estratégicos por su alta diversidad y productividad biológica, pues contienen gran oferta de bienes y servicios ambientales y se comportan como filtros naturales de agua debido a las plantas que los conforman.

Según la Declaración de Changwon (2008) los humedales “proporcionan alimentos, almacenan el carbono, regulan el régimen hídrico, almacenan energía y son esenciales para la biodiversidad” (p.1). Sus beneficios y aportes a la humanidad son fundamentales para la preservación, pues son fuentes de agua, alimentos, biodiversidad, almacenamiento del carbono y medios de subsistencia.

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Desde esta óptica, se considera relevante su conservación y uso racional, pues sus servicios ambientales son vitales para el bienestar humano.

Las características singulares de los humedales conllevan a que la biodiversidad biológica que los habita desarrolle capacidad adaptativa y de supervivencia, dados los cambios extremos entre sequía e inundaciones de sus ciclos hidrológicos.

En este sentido, la convención de Ramsar considera importante destacar el papel fundamental que tiene el entendimiento del funcionamiento hidrológico de los humedales, ya que “la existencia y disponibilidad de agua controlan los demás aspectos del ecosistema: productividad primaria, usos, hábitat y riesgo de degradación”. (Ramsar, 2015, p.18).

Dentro del ciclo hidrológico, según el Ministerio del medio ambiente (2002, p.6), los humedales juegan un rol crítico en el mantenimiento de la calidad ambiental y regulación hídrica de las cuencas hidrográficas, estuarios y las aguas costeras, desarrollando, entre otras, funciones de mitigación de impactos por inundaciones, absorción de contaminantes, retención de sedimentos, recarga de acuíferos y proveyendo hábitats para animales y plantas, incluyendo un número representativo de especies amenazadas, endémicas y en vías de extinción.

Adicionalmente, se destaca su alta productividad porque pueden albergar diversas y numerosas especies de animales, de tal manera que muchas de las actividades humanas requieren de sus recursos naturales; entre estas actividades se pueden considerar la pesca, la agricultura, el pastoreo, el transporte, el turismo y la recreación.

Problemáticas que amenazan los humedales Actualmente es preocupante la proyección a la baja de los servicios eco sistémicos, proporcionados por los humedales en nuestra sociedad, dado que se calcula que “la extensión mundial de los humedales disminuyó entre un 64 y un 71% en el siglo XX y que la pérdida y degradación de los humedales continúan en todo el mundo. Ramsar (2015, p.7).

En relación con lo expuesto, en la actualidad, una amenaza para los humedales es la alteración de los regímenes hídricos y la reclamación del espacio físico que estos ocupan, pues normalmente los propietarios de los predios aledaños no respetan los límites de los humedales y se las han arreglado para cambiar los niveles máximos de inundación.

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252 Según lo mencionado, en el informe de la Contraloría general de la República (2012) se encontró que, dadas las proyecciones, se esperaba que, en Colombia, “hasta el 2015 se alcanzaría tan sólo la delimitación del 44% de los humedales existentes en el país a escala 1:25.0008” (p.26), cifra que fue imposible de cumplir en relación con la meta que tenía esta entidad en el cuatrienio 2010-2014. Para los años posteriores, el mismo informe para la vigencia 2019-2020 señaló que “el inventario nacional de humedales está desactualizado, entre otros motivos, porque estos no se han delimitado, a pesar de que el Plan Nacional de Desarrollo 2010-2014 había fijado entre sus metas la delimitación del 100 % a escala 1:25.000, no se logró avance alguno. Por tanto, no se tiene certeza sobre el número y extensión de los humedales del país” (Contraloría General de la Nación, 2020, p. 218).

Es de denotar que sobre este 44% de humedales, las Corporaciones Autónomas Regionales y de Desarrollo Sostenible (CAR-CDS) y autoridades ambientales urbanas, estaban comprometidas en la realización del proceso de zonificación, ordenamiento y determinación del régimen de usos de estos ecosistemas, los cuales según el Ministerio del medio ambiente (2002) “han sido afectados y en algunos casos destruidos por diferentes factores entre los que se encuentran una planificación y técnicas de manejo inadecuadas, y políticas de desarrollo sectorial inconsistente y desarticulado” (p. 6).

Aunado a lo anterior, entre las problemáticas de mayor repercusión, está la falta de conciencia social sobre el valor e importancia de los humedales, y el caso omiso de estas problemáticas en la planificación económica nacional; en consecuencia, los humedales y sus servicios ambientales están en peligro latente y para esto se demanda diseño, implementación, evaluación y seguimiento de estrategias de planificación y manejo de carácter integral.

Legislación y plan de manejo ambiental para humedales Reconociéndose la importancia de los humedales como sistemas de conservación ambiental, se han creado herramientas y mecanismos jurídicos de protección con la finalidad de proteger estos ecosistemas, puesto que aunque son muy importantes para la preservación de la humanidad, se encuentran amenazados en todo el mundo.

En consecuencia, el marco jurídico y normativo, en materia de humedales, tiene como bases fundamentes los referentes legales presentados a continuación: Normatividad de orden internacional La normatividad a nivel internacional se detalla en la tabla No. 1.

Tabla 1.

Normatividad sobre humedales. Orden internacional. Fuente: autores.

La Convención de Ramsar de 1971 Convenio sobre diversidad biológica 1992 La Agenda 21 (Cumbre de Río, 92)

Es el primer tratado intergubernamental de cooperación internacional sobre los humedales, que procura velar por la conservación y uso racional de los recursos naturales de los humedales.

Propende por la conservación, conocimiento y uso sostenible de la biodiversidad, promueve la consolidación de sistemas nacionales de áreas protegidas.

Plantea como prioridad, los recursos de agua dulce, para la protección de los ecosistemas y la ordenación integrada de los recursos hídricos, y elaborar programas de acción y para el año 2025.

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Normatividad de orden nacional La normatividad a nivel nacional se detalla en la tabla No. 2.

Tabla 2.

Normatividad sobre humedales. Orden nacional. Fuente: autores.

Constitución política de Colombia 1991 Ley 99 de 1993 Ley 165 de 1994

Ley 357 de 1997 Política Nacional para Humedales Interiores en Colombia del 2001 Resolución 0157 de 2004.

Resolución 196 de 2006 Ley 1333 de 2009

Decreto Único Reglamentario 1076 de 2015

Establece: La obligación del estado y de los particulares de proteger las riquezas naturales y culturales de la nación.

Crea el ministerio del medio ambiente y estructura el sistema nacional ambiental SINA. Aprueba el “Convenio sobre la Diversidad Biológica”, para proteger los ecosistemas y las especies.

Aprueba la convención Relativa a los Humedales de importancia Internacional, especialmente como Hábitat de aves acuáticas. Impone obligaciones al Estado colombiano para la conservación y protección de los humedales, considerados en su acepción genérica.

Estrategias para la conservación y uso racional de los humedales interiores de Colombia con el fin de mantener y obtener beneficios ecológicos, económicos y socioculturales, como parte integral del desarrollo del país Se reglamentan el uso sostenible, conservación y manejo de los humedales y se desarrollan aspectos referidos a los mismos en aplicación de la Convención Ramsar. adopta la guía técnica para la formulación de planes de manejo para humedales en Colombia Establece el procedimiento sancionatorio ambiental.

Por el cual se dicta el código nacional de Recursos Naturales (Antiguo Decreto 2811 de 1974) Se reglamenta parcialmente el Título I de la ley 9 de 1979 en cuanto a usos del agua y residuos líquidos (Antiguo Decreto 1594 de 1984) Por el cual se designan unos humedales para ser incluidos en la lista de Humedales de Importancia Internacional, en cumplimiento de lo dispuesto en la Ley 357 de 1997. El manejo de estos humedales de Importancia Internacional se regirá de acuerdo con los lineamientos y directrices emanados por la Convención Ramsar, la Política Nacional de Humedales Interiores, Política para el Manejo Integrado de las Zonas Costeras, así como por la normatividad que expida el Ministerio del Medio Ambiente para estas áreas (Antiguo Decreto 1667 de 2002)

Normatividad de orden Regional

humedales en la ciudad de Florencia. Los acuerdos se resumen en la tabla No. 3.

En el ámbito regional se hallaron dos acuerdos municipales orientados a la conservación de los Tabla 3.

Normatividad sobre humedales. Orden municipal. Fuente: autores.

Acuerdo Municipal de 2004

Se adopta el plan de Desarrollo Participativo y comunitario 2004-2007 y se aprueban dentro del presupuesto participativo una partida para el mantenimiento de los humedales de la ciudad.

Acuerdo municipal 018 de 2008.

Plan de desarrollo municipal de Florencia (2008-2011), establece en uno sus subprogramas, “la conservación de ecosistemas estratégicos: formulación del plan de ordenamiento y manejo ambiental de los humedales del municipio de Florencia; determinación de espacios públicos para la recuperación de los humedales”.

En ese mismo orden de ideas, es importante considerar que, en concordancia por lo dispuesto por las Corporaciones Autónomas Regionales, existen determinantes ambientales relacionados

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con la importancia de los humedales como ecosistemas estratégicos. El marco normativo se resume como sigue:

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253

254 Tabla 4.

Determinantes ambientales relacionados con la importancia de los humedales como ecosistemas estratégicos Fuente: Corpoamazonia (2014)

Determinante de competencia de la CAR de acuerdo con el marco normativo

Areas de especial importancia ecosistémica o ecológica

Páramos y subpáramos Nacimientos de agua Zonas de recarga de acuíferos Rondas hidráulicas de los cuerpos de agua Humedales Pantanos Lagos Lagunas Ciénagas Manglares Reservas de flora y fauna

Marco normativo que la establece como determinante

- Literal a, Numeral 1, Artículo 10 de la Ley 388 de 1997 - Numeral 1, artículo 4 del Decreto 3600 de 2007 - Numeral 1 Artículo 7 del Decreto 3600 de 2007 - Decreto 2372 de 2010 - Artículo 23 Decreto 1640 de 2012

Humedales RAMSAR

Elementos naturales y normas técnicas para la conservación, preservación y recuperación de los elementos naturales del espacio público

Áreas para la conservación y preservación del sistema orográfico o de montañas, tales como: cerros, montañas, colinas, volcanes y nevados Áreas para la conservación y preservación del sistema hídrico: conformado por: a) elementos naturales relacionados con corrientes de agua tales como: cuencas y microcuencas, manantiales, ríos, quebradas, arroyos, playas fluviales, rondas hídricas, zonas de manejo, zonas de bajamar y protección ambiental, y relacionados con cuerpos de agua, tales como mares, playas marinas, arenas y corales, ciénagas, lagos, lagunas, pantanos, humedales, rondas hídricas, zonas de manejo y protección ambiental; b) Elementos artificiales o construidos, relacionados con corrientes de agua, tales como: canales de desagüe, alcantarillas, aliviaderos, diques, presas, represas, rondas hídricas, zonas de manejo y protección ambiental, y relacionados con cuerpos de agua tales como: embalses, lagos, muelles, puertos, tajamares, rompeolas, escolleras, rondas hídricas, zonas de manejo y protección ambiental; Áreas de especial interés ambiental, científico y paisajístico, tales como: i) Parques naturales del nivel nacional, regional, departamental y municipal; y ii) Áreas de reserva natural, santuarios de fauna y flora.

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- Literal a, Numeral 1, Artículo 10 de la Ley 388 de 1997 - Numeral 1, artículo 4 del Decreto 3600 de 2007 - Numeral 1 Artículo 7 del Decreto 3600 de 2007 - Artículos 2, 5 y 17 del Decreto 1504 de 1998 - Decreto 2372 de 2010 Artículo 5 Decreto 1120 de 2013

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Marco normativo que desarrolla determinante y/o le da contenido - Decreto 1541 de 1978 - Ley 357 de 1997 - Ley 373 de 1997 art. 10 - Artículos 2 y 8 Resolución 769 de 2002 - Resolución 157 de 2004 - Resolución 196 de 2006 - Artículo 2 de la Ley 1523 de 2012

- Numerales 5, 16 y 18 artículo 31Ley 99 de 1993 - Decreto 1640 de 2012 - Decreto 2372 de 2010 - Decreto 1120 de 2013

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Teniendo en cuenta que la conservación y uso sustentable de los humedales, se vuelve impostergable que los humedales deben manejarse de manera Integral como un ecosistemas con criterio social, por lo tanto se considera relevante la presentación de los aportes básicos para la elaboración de un plan de manejo, el cual según la resolución 196 de 2006, se define como un documento de carácter técnico, que una vez formulado por la autoridad ambiental competente y aprobado por la Dirección de Ecosistemas del Ministerio de Ambiente y Desarrollo Sostenible, será adoptado por la autoridad ambiental mediante acto administrativo.

Tipificación e inventario de humedales en el municipio de Florencia Los estudios realizados sobre humedales en el municipio de Florencia Caquetá son muy limitados y la información es bastante incipiente.

En el ámbito local, solo se registra información de 11 humedales en el documento denominado “Inventario y caracterización de los humedales urbanos del municipio de Florencia” (Vergel, Losada y Montoya, 2009). El estudio establece localización, tipo de humedal, cobertura vegetal, uso de suelo, importancia, problemática ambiental, así como algunos registros fotográficos.

Otro referente que se encontró respecto a identificación de humedales, fue un mapa elaborado en el marco del estudio denominado “Caracterización biofísica o socioeconómica del

área de influencia del Cerro de Miraflores y sensibilización ambiental respecto al Páramo en el departamento del Caquetá” en el que se presenta un plano a escala 1:100.000 que incluye un cuadro con 18 humedales de Florencia, con sus nombres y área.

(Corpoamazonia, 2014), sin embargo, no se establece en el documento, la información respecto a la caracterización de los mencionados humedales.

Se referencian así mismo, documentos resultados de consultorías realizadas por Corpoamazonia y algunas entidades privadas prestadoras de servicios ambientales orientadas hacia la formulación de planes de manejo ambiental para el humedal Versalles, Calle Oscura, El Bosque, Esmeralda y el San Luis (Bravo, Rubiano, Castro, Luna, Torres y Rincón, 2009) A nivel nacional, respecto a la caracterización de humedales en Florencia, el Ministerio de Ambiente y desarrollo sostenible. Dirección de bosques, biodiversidad y servicios ecosistémicos – Grupo de humedales (2014), presentó un informe de humedales del departamento del Caquetá que involucra 19 humedales para el municipio de Florencia. El informe describe en una tabla de datos la localización, tipo, descripción general y problemática, sin embargo, la información se presenta de una manera muy general.

De esta manera, con la información anterior se puede establecer que oficialmente se encuentran identificados y tipificados 19 humedales en el municipio de Florencia, así:

Tabla 5.

Humedales en el municipio de Florencia Caquetá.

HUMEDALES EN FLORENCIA CAQUETÁ

No. 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

TIPO Madre vieja/Meandro Madre Vieja Madre vieja Cananguchal Bosque inundable Bosque inundable Quebrada Laguna Cananguchal Humedal Humedal Humedal Humedal Humedal Humedal Humedal Humedal Humedal Humedal

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NOMBRE Aeropuerto San Luis Puerto Arango Vereda el Venado Centro Macagual Quebrada La Turbia La Perdiz El Carmen Vereda La Hacienda La Castilla La esmeralda El bosque Londres Calle Oscura Azola Anabaena El Puerto Versalles Fuente de Agua Siglo XXI

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255

256 Sin embargo, se estima que en territorio del municipio de Florencia de 2200 km2 y de gran influencia hídrica, se pueden registrar más humedales de los que oficialmente reportan los estudios y los informes técnicos mencionados anteriormente.

De manera particular, respecto al humedal Bruselas objeto del presente estudio, no se encuentran registros en los documentos oficiales del municipio de Florencia, ni de la corporación autónoma regional (CORPOAMAZONIA), razón por la cual no cuenta con información respecto a su localización, tipificación y problemáticas inherentes a él.

Cabe aclarar que, en el contexto de la planificación y ordenamiento ambiental territorial, ninguno de los humedales incluyendo el humedal Bruselas se encuentra incorporado en el POT vigente (año 2000) como suelo de protección, ni se reconocen como parte de la estructura ecológica del municipio. Lo cual se refleja en las múltiples problemáticas por conflicto de uso del suelo dentro de las que se destacan asentamientos subnormales, parcelaciones ilegales, extracción de recursos, actividades agropecuarias, entre otras.

Metodología Diseño El estudio involucró las siguientes etapas: 1) Revisión documental respecto a humedales con base en el contexto internacional, nacional y regional.

2) Realización de trabajo de campo consistente en visita del humedal para identificación, localización geográfica, recorrido y observación paisajística de flora y fauna. En esta fase se aplicó la ficha técnica de levantamiento de datos de humedales propuesta en la metodología estandarizada para la evaluación de humedales (CONACyTCONAGUA, 2015).

3) Reconocimiento, jerarquización y descripción del humedal con base en los criterios de ecosistemas estratégicos propuestos por Olaya y Sánchez (2013).

4) Identificación de problemáticas del humedal con relación a cada criterio y los resultados de las entrevistas realizadas a los pobladores de la zona.

5) Planteamiento de proyectos para involucrarlos a un plan de manejo ambiental para el humedal Bruselas, con base en problemáticas identificadas.

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Ficha técnica de levantamiento de datos La ficha técnica está compuesta con información sobre las variables que son necesarias para caracterizar, delimitar y clasificar los humedales a nivel de sitio, escala 1:20,000. El levantamiento de datos en el sitio, consta de dos partes: la que integra datos trabajados previo a los trabajos de campo, básicamente información de la literatura e interpretación de imágenes y cartografía, y la que comprende la información levantada en campo.

El trabajo, cuyos resultados se inscriben en la ficha técnica, está orientado a generar y analizar información para determinar: a) las generalidades del humedal. Esta información se refiere básicamente a la ubicación del humedal tanto a nivel de cuenca como de ubicación municipal en el que se encuentra. b) La delineación. Esta es la información sobre la extensión del humedal que se determina mediante la información cartográfica de la periferia o borde del humedal. La información se genera mediante cartografía. c) La caracterización del humedal. Esta información se refiere a los cuatro criterios distintivos del ecosistema, tomando como base parámetros de calidad del agua, vegetación hidrófila, suelos hidromórficos y aspectos socioeconómicos y de manejo. Para la indagación de los aspectos socioecómicos y de manejo se aplicaron entrevistas semiestructuradas a los pobladores de la zona. Las variaciones de los tres primeros parámetros, determinan el tipo de humedal y por tanto su clasificación.

Resultados En primer lugar, se aclara que en razón a que el humedal identificado en el presente estudio, no se encuentra en los documentos oficiales, se le denominará “Bruselas” por su localización geográfica cercana al barrio del mismo nombre.

Localización y caracterización del humedal Bruselas El humedal Bruselas se encuentra localizado en el barrio Bruselas en la comuna sur-este de la ciudad de Florencia departamento del Caquetá a 259 msnm. Cuenta con una extensión aproximada de 2.905 m2 y según tipificación de humedales de Ricaurte, L.F., Núñez-Avellaneda, M., Marín, C.A., Velásquez-Valencia, A., Pinilla, M.C., Betancourt, B. Salazar, C. Mojica, J. I. (2014), corresponde a la clase de lagos lenticos permanentemente inundados con cobertura herbácea – arbustiva, representada por una estructura vegetativa asociada a un dosel abierto con una altura máxima de 4 m y por un sotobosque disperso.

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Mapa 1. Localización humedal Bruselas. Fuente: autores.

El humedal recibe aguas del Río Hacha. Es un humedal continental tipo lago de agua dulce, clima tropical, con una temperatura ambiental de 25ºC y 23.8ºC para el suelo. Se caracteriza por poseer un relieve de llanura ubicado en una cuenca con una pendiente entre 0 y 5% y presenta un tipo de erosión física debido a la compactación e inundación.

Respecto a las características edafológicas, se pudo observar que existe presencia de drenaje con un flujo lento superior a 0.3 m/s. Se constató que la periodicidad de inundación es estacional; respecto al suelo, se determinó el tipo en la parte externa del humedal el cual corresponde a arcillas y material orgánico.

Vegetación

un 60% de vegetación, un 20% de hojarasca y un 20% de espejo de agua. Se evidenció, por la fecha en que se realizó el proceso de observación y muestreo que existe colmatación del humedal, debido a la temporada de sequía. Por esta razón, se observó presencia de vegetación en las orillas y sobre el humedal, formando manchones. La vegetación aledaña al humedal corresponde a bosque de galería, vegetación de matorral y pastizales. Así mismo, se observó comunidades vegetales de tipo arbóreo y arbustivo. Se registró la presencia de lechuga de agua (Pistia stratiotes), pasto estrella africano (Cynodon plectostachyus), árbol de yarumo (Cecropia peltata), Cananguchal (Mauritia flexuosa), Platanillo (Heliconia hirsuta), juncos (Schoenoplectus californicus), arazá (Eugenia stipitata), cordoncillo (Piper aduncum), guayabo y gran variedad de especies acuáticas.

En relación a las características biológicas, la cubierta del humedal presenta aproximadamente

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Figura 1. Registro fotográfico vegetación humedal Bruselas. Bosque de galería, vegetación de matorral y pastizales. Fuente: Autores.

Fauna En cuanto a fauna, se pudo realizar avistamiento de especies de aves como el Pisingo (Dendrocygna viduat), el loro comejenero (Forpus conspicillatus), el chamón (Crotophaga ani), el arrendajo (Psarocolius decamanus), la garza blanca (Ardea alba), la pava hedionda (Opisthocomus hoazín), la guacharaca (Ortalis ruficauda), el loro coroniamarillo (Amazona ochrocephala), la garza negra aninga (Anhinga anhinga) y aves migratorias de gran importancia ecológica.

Se registró igualmente la presencia de babillas (Caimán crocodylus), charapas (podocnemis

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expansa), chuchas (Didelphis marsupialis), ardillas (Sciurus sp) y lagartijas de la familia Iguanidae, Teiidae, Gekkonidae y Dactyloidae.

Así mismo, los pobladores informaron de la presencia de especies como Morrocoy (Chelonoidis carbonaria), Chiguiros (Hydrochoerus hydrochaeris), güios (Boa constrictor), Serpientes corales (Micrurus sp.) y serpientes X (Bothrops atrox).

Cabe destacar que se encontró caracol africano (Achatina fullica), especie invasora cuya amenaza se concentra en que desplaza a otras especies, destruye ecosistemas y es portadora de bacterias y parásitos peligrosos que atentan contra la salud humana y animal.

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Pisingo (Dendrocygna viduat)

Babilla (Caimán crocodylus)

Charapa (podocnemis expansa)

Pava hedionda (Opisthocomus hoazín)

Figura 2. Registro fotográfico fauna humedal Bruselas.

Fuente: Jonathan Gutiérrez. Biólogo. Magíster Ciencias Biológicas.

Problemáticas del humedal Bruselas El proceso de observación en terreno, así como el análisis de las entrevistas realizadas a pobladores, permitió evidenciar las problemáticas presentadas sobre el humedal Bruselas. De esta manera, se encontraron actividades de tipo urbano representados en asentamientos subnormales. Se evidenció un importante impacto antrópico a nivel paisajístico dado que se encontró afectación de la vegetación por construcciones de viviendas y cercas que generan ocupación del cauce y de la ronda hídrica del humedal.

En el área circundante del humedal se detectaron actividades agrícolas, representadas en siembra de caña de azúcar y plátano principalmente.

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Igualmente se determinaron otras actividades productivas como crianza de aves de corral. Se encontró igualmente alta contaminación por estancamiento, debido a vertimientos de aguas residuales doméstica y hospitalaria, en este último, por la presencia de una clínica psiquiátrica en el sector.

Los testimonios de pobladores permitieron determinar actividades que atentan contra la diversidad natural del ecosistema, como son la caza de fauna silvestre (aves, chigüiros), sacrificio de animales considerados peligrosos para el asentamiento (serpientes, babillas) y actividades de crianza de cerdos sobre la ronda hídrica, que arrojaban sus desperdicios directamente sobre las aguas del humedal.

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Construcciones - ocupación de ronda hídrica

Cercado - ocupación de ronda hídrica

Vertimiento de aguas residuales

Presencia de especies invasoras

Asentamientos subnormales

Actividades agrícolas sobre el área circundante

Figura 3. Registro fotográfico problemáticas del Humedal Bruselas. Fuente: autores.

Criterios para considerar El Humedal Bruselas como Un Ecosistema Estratégico De acuerdo a los procesos de observación en campo y con base en lo postulado por Olaya y

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Sánchez (2013), se identificaron y jerarquizaron los siguientes criterios que determinan que el humedal Bruselas puede considerarse un ecosistema estratégico:

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Tabla 6.

Criterios que determinan el Humedal Bruselas como ecosistema estratégico.

Criterio

Descripción

Defensas y amenazas naturales (C18)

Oferta hídrica (C26)

Interacciones entre ecosistemas (C25).

Depuración natural de aguas (C9).

Diversidad natural (C23).

Paisaje y creación artística y literaria (C2)

Actividades Educativas y científicas (C13).

Reconocimiento legal y académico (C11).

El ecosistema tiene la capacidad de generar, dinamizar o regular fenómenos naturales que afectan de manera negativa, tanto sistemas naturales como sentamientos humanos, infraestructura y servicios públicos o privados. La amenaza natural asociado al humedal es la de inundación y la generación de enfermedades tropicales a los habitantes cercanos debido a la presencia de mosquitos.

El ecosistema posee una oferta hídrica significativa de espejo de agua.

El humedal Bruselas establece corredor biológico a través de la corriente de agua del río Hacha, un ecosistema importante de la región a través del cual se establecen relaciones naturales de suministro, flujo e intercambio de materiales, energía y especies.

Por ende, el ecosistema es necesario para mantener procesos relacionados con el flujo genético, la migración de animales silvestres o recursos hidrobiológicos y la conservación de los corredores biológicos.

El ecosistema merece tener un manejo especial, dado que cumple la función de recibir, evacuar y depurar aguas con residuos sólidos y líquidos de origen doméstico, agropecuario e industrial. Se requiere un manejo correctivo, pues se detectó que el humedal recibe aguas residuales del barrio aledaño.

El ecosistema es importante para perpetuar la biodiversidad animal y vegetal en esta zona, especies y otros recursos bióticos, acuáticos y terrestres que hacen parte del patrimonio natural de la región.

El ecosistema posee paisajes naturales y culturales que constituyen recursos de valor estético o de interés para moradores y visitantes, en actividades como avistamiento de aves y otros animales.

El ecosistema es importante para realizar actividades científicas y educativas, tales como: prácticas de campo, excursiones, trabajos de grado y proyectos de investigación, tanto de las ciencias naturales como de las ciencias sociales. Presenta una riqueza enorme en términos biológicos y sociales que ameritan procesos de investigación.

El humedal Bruselas se puede reconocer como un Área de Manejo Especial (Área Forestal Protectora o Santuario de Fauna) una Reserva Natural de la Sociedad Civil o un componente del Patrimonio Natural o Cultural. Se requiere con urgencia disposiciones legales o propuestas académicas o investigativas para su protección

La identificación de los anteriores criterios permitió catalogar las amenazas más comunes

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para cada criterio. Además, se identificaron problemáticas asociadas a estas amenazas.

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DEFENSAS Y AMENAZAS NATURALES (C18)

AMENAZAS

  

OFERTA HÍDRICA (C26)

  

INTERACCIONES ENTRE ECOSISTEMAS (C25)

PROBLEMA (X1)

Asentamientos subnormales Ocupación de cauce y ronda hídrica Afectación de la calidad de agua por vertimientos hospitalarios y domésticos.

Colmatación del humedal Falta de control y vigilancia ambiental Ocupación de actividades económicas productivas (siembra de plátano, árboles frutales, aves de corral)

Alteración de la dinámica ambiental del ecosistema.

DEPURACIÓN NATURAL DE AGUAS (C9)

Figura 4. Identificación de amenazas comunes. Problema: dinámica ambiental. Fuente: autores.

PROBLEMA (X2)

AMENAZAS   DIVERSIDAD NATURAL (C23)

  

Caza de fauna silvestre Sacrificio de animales considerados peligrosos para el asentamiento.

Afectación/intervención/pérdida de la cobertura vegetal Contaminación por malos olores Presencia de especies invasoras (caracol africano Achatina fulica)

Desconocimiento de la comunidad y las autoridades municipales respecto a la importancia de la diversidad natural del humedal Bruselas y el manejo de plagas y especies invasoras.

Figura 5. Identificación de amenazas y problemas para el criterio diversidad natural. Fuente: autores.

PROBLEMA (X3)

AMENAZAS PAISAJE Y CREACIÓN ARTÍSTICA Y LITERARIA (C2)

 



Deterioro ambiental Dificultad de acceso para avistamiento de aves Falta valoración paisajística

Falta de valoración paisajística

Figura 6. Identificación de amenazas y problemas para el criterio Paisaje y creación artística y literaria.

Fuente: autores.

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PROBLEMA (X4) AMENAZAS ACTIVIDADES EDUCATIVAS Y CIENTÍFICAS (C13)

   

RECONOCIMI ENTO LEGAL Y ACADÉMICO (C11)



Falta de mecanismos de ordenamiento territorial, investigación, educación, legislación y articulación entre comunidad e instituciones públicas y privadas para la preservación y recuperación del humedal.

Ausencia de procesos investigativos en la zona.

Falta de alianzas entre agentes educativos.

Desconocimiento de la importancia del humedal por parte de las autoridades del municipio.

Falta de reconocimiento legal como ecosistema estratégico.

El humedal no está incluido dentro del Plan de Ordenamiento Territorial Florencia.

Figura 7. Identificación de amenazas y problemas para criterios de educación, actividades científicas y reconocimiento legal. Fuente: autores.

Ahora, con base en los problemas planteados (Xi) se plasmaron los objetivos para cada uno de ellos: Tabla 7.

Planteamiento de objetivos.

Oa

OBJETIVO

O1

Maximizar la dinámica ambiental del humedal Bruselas.

O2

O3

O4

Maximizar las actividades educativas y el conocimiento de la comunidad y las autoridades municipales respecto a la importancia de la diversidad natural del humedal Bruselas y el manejo de plagas y especies invasoras.

Maximizar las actividades educativas respecto a la valoración paisajística del humedal.

Maximizar las actividades educativas y científicas así como los mecanismos de ordenamiento territorial, legislación y reconocimiento de la importancia del humedal por parte de las autoridades del municipio.

Ci a Maximizar (C18) (C26) (C25) (C9)

Xi a Minimizar

(C23)

X2

(C2)

X3

(C13) (C11)

X4

X1

Con base en los objetivos, se plantean hipótesis que permitan determinar la viabilidad de alcanzar el objetivo planteado:

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264 Tabla 8.

Planteamiento de hipótesis para solución de problemáticas ambientales en el humedal Bruselas.

Ha H1

H2

H3

H4

HIPOTESIS Si se formula y ejecuta un plan de manejo ambiental integral, un plan de saneamiento y manejo de vertimientos y se realiza la reubicación de los asentamientos subnormales entonces se maximizará la dinámica ambiental del humedal Bruselas.

Si se realiza la reforestación sobre la ronda de protección y área de amortiguación del humedal, se realizan procesos de educación ciudadana sobre la importancia del humedal Bruselas, sobre el manejo de especies invasoras, se ejecuta un programa de seguimiento y monitoreo ambiental y se fortalecen las organizaciones sociales para la gestión ambiental entonces se maximizarán las actividades educativas y el conocimiento de la comunidad y las autoridades municipales respecto a la importancia de la diversidad natural del humedal Bruselas y el manejo de plagas y especies invasoras.

Si se realizan procesos de educación ciudadana y se ejecutan procesos de aprovechamiento sostenible de servicios ambientales entonces se maximizarán las actividades educativas respecto a la valoración paisajística del humedal.

Si se crea una línea de investigación sobre humedales, y se incluye el humedal Bruselas en el Plan de ordenamiento territorial de la ciudad de Florencia Caquetá, entonces se maximizarán las actividades educativas y científicas así como los mecanismos de ordenamiento territorial, legislación y reconocimiento de la importancia del humedal por parte de las autoridades del municipio.

Propuesta plan de acción sobre Humedal Bruselas



A continuación, se presenta una propuesta de proyectos que pueden ser ejecutados en el humedal Bruselas de manera que se resuelvan las problemáticas presentadas en el apartado anterior.



Educación ciudadana respecto a la valoración paisajística del humedal Bruselas.

Aprovechamiento sostenible de servicios ambientales (agua, biodiversidad, ecoturismo) del humedal Bruselas.

Programa: protección, evaluación, seguimiento y control del humedal Bruselas

Programa: recuperación ecológica. mejora de la dinámica ambiental del humedal Bruselas

Proyectos:

Proyectos:



 

 

Formulación y ejecución de plan de manejo ambiental integral del humedal Bruselas del municipio de Florencia.

Plan de saneamiento y manejo de vertimientos de la comunidad que tiene influencia directa sobre el humedal Bruselas (mediante la construcción de la PTAR – Planta de tratamiento de aguas residuales) Reubicación de los asentamientos subnormales que afectan la ronda hídrica del humedal Bruselas.

Reforestación sobre la ronda de protección y área de amortiguación del humedal Bruselas.

  

Programa: generación de conocimiento 

Programa: apropiación social del humedal Bruselas como patrimonio público Proyectos:  

Educación ciudadana sobre la importancia de la diversidad natural del humedal Bruselas.

Educación ciudadana sobre manejo de especies invasoras.

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Proyecto de inclusión del humedal Bruselas en el Plan de ordenamiento territorial del municipio de Florencia.

Programa de seguimiento y monitoreo ambiental para la conservación y preservación del humedal.

Fortalecimiento de organizaciones sociales para la gestión ambiental del humedal Bruselas.

Aprovechamiento sostenible de servicios ambientales (agua, biodiversidad, ecoturismo) del humedal Bruselas.



Creación y fortalecimientos en las IE de educación superior de una línea de investigación sobre humedales (manejo, importancia ecológica, biológica, oferta y demanda ambiental, conservación y preservación) Consolidación y fortalecimiento de Proyectos Ambientales Escolares –PRAESy Proyectos Ciudadanos de Educación Ambiental –PROCEDA- en torno al Humedal Bruselas.

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Conclusiones La conservación y uso racional de los humedales es un factor fundamental, pues sus servicios ambientales son vitales para el bienestar humano; así mismo, la característica singular de los humedales conlleva al bienestar de diversidad biológica importante para el equilibrio de las especies y del ecosistema.

Cada vez que el hombre irrumpe en un ecosistema, afecta y altera su estabilidad, provocando el deterioro y la degradación de los factores que lo componen. En el municipio de Florencia esta situación no es diferente, y se evidencia en el Humedal Bruselas, en donde la intervención y asentamientos humanos desorganizados y descontrolados, han invadido sus límites y afectado de manera significativa el ecosistema.

En Florencia Caquetá el ejercicio de tipificación e inventario de humedales es incipiente. Solo se encuentran cifras oficiales de 19 humedales reconocidos en los documentos oficiales. Sin embargo, se estima que en territorio del municipio de Florencia de 2200 km2 y de gran influencia hídrica, se pueden registrar más humedales de los que oficialmente reportan lo estudios y los informes técnicos.

El presente estudio de identificación, localización y tipificación del humedal Bruselas, permitió evidenciar serios problemas de orden ecológico por asentamientos subnormales que generan afectación de vegetación, ocupación de cauce y de la ronda hídrica del humedal, contaminación por vertimientos de aguas residuales domésticas y hospitalarias, así como actividades de caza de fauna silvestre y actividades productivas como crianza de aves de corral y actividades agrícolas sobre el área circundante del humedal.

Dadas las condiciones de deterioro del humedal Bruselas, es evidente la falta de planificación y aplicación de la normatividad existente en lo que respecta a los humedales del ámbito local, puesto que las instituciones encargadas del manejo y la gestión ambiental en el departamento, parecen ajenas o ausentes en cuanto al desarrollo de actividades y seguimiento a programas concernientes con la conservación y preservación de los humedales.

Referencias Bravo, M., Rubiano, M., Castro, R., Luna, H., Torres, L. y Rincón, H. (2009). Plan de manejo

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ambiental del humedal Versalles y San Luis.

Contrato de Consultoría N°0601 de Corpoamazonia.

CONACyT-CONAGUA (2015). Metodología estandarizada para la evaluación de humedales en México a nivel de sitio, escala 1:20,000.

Universidad Nacional Autónoma de Mexico.

Recuperado de https://www.gob.mx/cms/uploads/attachment/fil e/102162/1_a_20_000.pdf Contraloría general de la república (2012, p.26) Informe del estado de los recursos naturales y del ambiente (2012-2013). Contraloría General de la República: Bogotá, Colombia.

Corpoamazonia (2014).

Caracterización biofísica o socioeconómica del área de influencia del Cerro de Miraflores y sensibilización ambiental respecto al Páramo en el departamento del Caquetá. [Mapa]. Escala 1:100.000 Declaración de Changwon (2008) Declaración sobre el bienestar humano y los humedales.

Recuperado de: http://www.ramsar.org/sites/default/files/docum ents/pdf/cop10/cop10_ changwon_spanish.pdf Márquez, G. (1997). Ecosistemas como Factores de Bienestar y Desarrollo. Ensayos de Economía.

Universidad Nacional de Colombia. Sede Medellín. Facultad de ciencias humanas y departamento de economía, 13(7), p. 113-141.

Minambiente y Desarrollo sostenible. (2014). V Informe nacional de Biodiversidad de Colombia.

Ante el convenio de diversidad biológica.

Disponible en: http://www.co.undp.org/content/dam/colombia/ docs/MedioAmbiente/undp-coinformebiodiversidad-2014.pdf Ministerio de Medio ambiente (2002). Política Nacional para humedales interiores de Colombia.

Estrategias para su conservación y uso sostenible. Panamericana Formas e impresos: Bogotá, Colombia.

Disponible en: https://www.minambiente.gov.co/images/Bosqu esBiodiversidadyServiciosEcosistemicos/pdf/N ormativa/Politicas/polit_nal_humedales_int_col ombia.pdf Olaya, A. y Sánchez, R. (2003) Ecosistemas estratégicos del Huila. Significado ecológico y sociocultural. Universidad Surcolombiana.

Ramsar (2005). Estrategia Regional de Conservación y Uso sostenible de los Humedales Altoandinos, proyección 2005-2015. Novena reunión delas partes contratantes en la convención sobre los humedales. Disponible en: http://www.condesan.org/docinfonotas/ramsar% 202.pdf Ramsar (2015). Nota informativa 7. Estado de los humedales del mundo y de los servicios que prestan a las personas: una recopilación de análisis recientes.

Dsiponible en:

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266 http://www.ramsar.org/sites/default/files/docum ents/library/cop12_doc23_bn7_sowws_s.pdf Ricaurte, L.F., Núñez-Avellaneda, M., Marín, C.A., Velásquez-Valencia, A., Pinilla, M.C., Betancourt, B. Salazar, C. Mojica, J. I. (2014).

Inventario y tipificación de humedales en la cuenca del río Orteguaza. Instituto Amazónico de Investigaciones Científicas Sinchi, Convención de Ramsar. Bogotá, Colombia.

Secretaría de la Convención de Ramsar (2010).

Inventario de humedales: Marco de Ramsar para el inventario y la descripción de las características ecológicas de los humedales.

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Manuales Ramsar para el uso racional de los humedales, 4ª edición, vol. 15. Secretaría de la Convención de Ramsar, Gland (Suiza).

Secretaría de la Convención de Ramsar. (2010.

Uso racional de los humedales: Conceptos y enfoques para el uso racional de los humedales.

Manuales Ramsar para el uso racional de los humedales, 4ª edición, vol. 1. Secretaría de la Convención de Ramsar, Gland (Suiza).

Vergel, J. Losada, S. y Montoya, L. (2009).

Inventario y caracterización de los humedales urbanos del municipio de Florencia. Alcaldía de Florencia – Corpoamazonia.

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DOI: https://doi.org/10.34069/AI/2021.41.05.25

Phenomenon of effective interethnic interaction as an object of interdisciplinary research Феномен эффективного межэтнического взаимодействия как объект междисциплинарного исследования Received: May 5, 2021

Accepted: June 15, 2021

Written by: Marina N. Kunovski87 https://orcid.org/0000-0002-5872-2052 SPIN: 7029-6172 Natalya V. Pomortseva88 https://orcid.org/0000-0003-4224-8138 SPIN: 5744-8264 Abstract

Аннотация

The article focuses on the analysis of “interethnic interaction” concept in the subject field of the humanities. The purpose of the study is the development of a theoretical model of effective interethnic interaction, whose projection to the various spheres of social relations, including educational and professional ones, will harmonize and make effective the communication of the various ethnic groups. A review of Russian and foreign literature on the above topic was carried out for research purposes.

Multidimensional analysis of “interethnic interaction” concept was carried out using the method of comprehensive theoretical analysis of the phenomenon under study. As the result of the study, it was determined that interethnic interaction is one of the forms of interaction between social communities and individuals, during which the communicative process of ethnocultural and cultural-universal exchange of information at the level of personality, group or social institution takes place. As the research result, a model of interethnic interaction and its structure have been determined for the educational environment of an internationally oriented university. It was confirmed that the language of instruction is an integrating factor through which the preparation of the participants in the educational process, representatives of different ethnic groups, for effective inter-ethnic interaction is formed.

Статья посвящена анализу понятия «межэтническое взаимодействие» в предметном поле гуманитарных наук. Целью является создание междисциплинарной теоретической модели эффективного межэтнического взаимодействия, проецирование которой на различные сферы социальных отношений, в том числе учебнопрофессиональную, позволит гармонизировать и сделать эффективной коммуникацию различных этносов. В целях исследования был проведен обзор российской и зарубежной литературы по заявленной проблематике. Многоаспектный анализ понятия «межэтническое взаимодействие» проведен с помощью метода комплексного теоретического анализа изучаемого явления. В результате исследования определено, что межэтническое взаимодействие представляет собой одну из форм взаимодействия социальных общностей и индивидов, в ходе которого осуществляется коммуникативный процесс обмена этнокультурной и общекультурной информацией с реализацией на разных уровнях (личности, группы или общественного института). По результатам исследования определена модель межэтнического взаимодействия и её структура для образовательной среды международно-ориентированного вуза. Установлено, что язык обучения является интегрирующим фактором, посредством которого формируется готовность участников

87

PhD in Philology, Assistant Professor, Head of Russian Language Department No. 2, the Russian Language and General Education Faculty, RUDN University, Russian Federation.

88 Doctor of Pedagogy, Assistant Professor, Dean of the Russian Language and General Education Faculty, RUDN University, Russian Federation.

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Kunovski, M.N., Pomortseva, N.V. / Volume 10 - Issue 41: 267-274 / May, 2021

Keywords: interethnic interaction, intercultural communication, academic environment, education, adaptation.

The publication was prepared within the framework of Research Project No. 17-29-09148 supported by the Russian Foundation for Basic Research.

образовательного процесса-представителей разных этносов к эффективному межэтническому взаимодействию. Ключевые слова: межэтническое взаимодействие, межкультурная коммуникация, академическая среда, образование, адаптация Публикация подготовлена в рамках поддержанного РФФИ научного проекта № 1729-09148.

Introduction Due to the increasing globalization of business, educational and social contacts, the phenomenon of interethnic interaction is of interest in various fields of scientific knowledge: in linguistics, sociology, psychology, ethnopsychology, pedagogy, linguodidactics, and other sciences.

With sufficient development of most aspects of interethnic interaction, however, there is currently no unified methodological approach to studying this phenomenon. Modern society is characterized by a constant increase in people’s need for interethnic communication, which implies interethnic interaction, i.e. the contact of individuals belonging to different cultures and ethnic groups.

One of the tasks of the modern research paradigm is the search for an optimal model of effective interethnic interaction in various spheres of activity of modern society. Nowadays, due to the internationalization of education in the world, the subjects involved in the educational process of internationally oriented universities – representatives of various ethnic groups – enter into interethnic interaction, accompanied by intensive adaptation to a non-native environment and training in a non-native language, which also increases the relevance of this study.

In the framework of the given research, the concept of interethnic interaction was considered in terms of different areas of scientific knowledge: linguistics, sociology, psychology, ethnopsychology, pedagogy, linguodidactics and other sciences. Interethnic interaction is defined as one of the forms of interaction between social communities and individuals, during which the communicative process of ethnocultural and cultural-universal exchange of information, symbols and knowledge, thoughts and feelings, social experience and morality of ethnic groups takes place. These relationships can be implemented at different levels (personality, group or social institution), in all possible areas.

To perform the multicomponent analysis of

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“interethnic interaction” concept, the following tasks were solved: consideration of the concept and related terms; determination of approaches to the definition of interethnic interaction; characteristics of “interethnic interaction” features from the point of view of various humanitarian sciences.

It was established that the theoretical model of interethnic interaction has a multicomponent structure, the projection of which, as one of the options, onto the organizational and content aspects of educational activities of educational institutions will harmonize the interaction of representatives of different ethnic groups in the academic environment. It will create the necessary pedagogical and organizationalmethodological conditions for increasing the efficiency of mastering the educational programs of internationally oriented universities. The result of the study will make it possible to create variable optimal models of effective interethnic interaction in various spheres of activity of modern society .

Materials and methods For research purposes, a detailed review of the studies by Russian and foreign scientists was made, which allows presenting interethnic interaction as a complex structure covering different aspects of interaction of ethnic groups in the multicultural world of social relations. To study the psychological factors of interethnic interaction, a potential of the most significant socio-psychological theories was used. From the standpoint of ethnopsychology, the systematization of provisions on intercultural communication of representatives of different ethnic groups is presented. From the standpoint of pedagogy and linguodidactics, studies are noted, in which interethnic interaction in the academic environment is considered through the dynamics of adaptation processes in a non-native linguoculture. The analysis of research in the

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field of linguodidactics made it possible to determine the importance of knowledge of the language of communication, the main cultural values of communication participants – representatives of various ethnic groups.

The choice of research methodology is due to its complex nature. The multidimensional analysis of the concept of “interethnic interaction” was carried out using the method of a complex theoretical analysis of the phenomenon under study and made it possible to determine the intersubject field of the concept of “interethnic interaction” based on the achievements of sociology, ethnopsychology, ethnopedagogy, liguodidactics, and other sciences.

Results and discussion The research focus of the humanities and social sciences is on various areas of interethnic interaction. Researchers describe its structural organization, identify dominant and secondary elements, factors, and characteristics. The dominant element of interethnic interaction in the works of many scientists is communication in various interpretations, language as a factor influencing the effectiveness of this kind of interaction, covering all spheres of human activity.

Pokrovskaya, integrating the philosophical, linguocultural, and psychological approaches, offers a conceptual model of interaction effectiveness at the intercultural and sociocultural levels. A “mentality-languagementality” triad is considered by Pokrovskaya as a complex systemic formation with certain linguocultural anthropological characteristics (Pokrovskaya, 2009). Khalturin proposes to consider a conceptual model of ethnocultural interaction, the structural basis of which is laid by “ethnic needs satisfied by social communities in various spheres of life” (Khalturin, 2015).

In the applied aspect, the problems of interethnic interaction are considered in combination with the issues of tolerance formation and in conjunction with the problems of adaptation of students from the polyethnic regions of Russia.

Researchers come to the conclusion about the importance of ethnological education in the format of tolerance lessons, giving knowledge about the culture of different peoples, interethnic relations, introducing ethnocultural stereotypes.

This seems to be especially important at the initial stage of education at a university (Belozerova, & Shcheglova, 2010).

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The British experience of forming interethnic relations by involving young people in public associations is described in the work by James Laurence (Laurence, 2020). He emphasizes that the improvement in interethnic relations among young people is primarily the result of an increase in the number of positive interethnic contacts and, accordingly, interethnic relations.

A large number of Russian and foreign studies are devoted to certain aspects of intercultural communication in education. The problem of the formation of a high level of interethnic communication among young people was considered by V. Andrianova (Andrianova, 2016). Intercultural dialogue in a philosophical context and other aspects of intercultural interaction were described and analyzed in the studies of G. Tulchinsky (Tulchinsky, 2014), who mentions the concept of “harmony in difference” as dynamic balance, realized in continuous dialogue. Building an effective dialogue is not a search for a compromise but a search for a broader context of common problems, which would allow the dialogue to be transformed into cooperation and partnership.

The development of this approach could be a new understanding of multiculturalism and tolerance that presupposes not simply the recognition of the diversity of cultures, but a search for the basis of co-development and cooperation. Each culture, expressing a certain social experience, gives a certain life competence. The development of cultural experience does not cause a clash of cultures, but leads to the acquisition of additional life competence, and in its turn, to an increase in human and social capital.

Foreign studies consider issues related to the interaction and clash of cultures (Hanners, 1989; Popper, 1995; Schneider, & Barsoux, 2003), the formation of intercultural communicative competence (Byram, 1997; Hampden-Turner, & Trompenaars, 2000; Prechtl, & Davidson-Lund, 2007; Spitzberg, 1989), problems of communication with strangers and the ways to overcome culture shock (Gudykunst, & Kim, 1992; Marx, 1999). In his research, Pusch addresses the topic of intercultural learning from a historical perspective (Pusch, 2004).

The communicative experience of foreign students in US universities is studied in the work

by Zimmermann (1995). She studied intercultural communication competence and adaptation of foreign students studying at the American campus. The results of the study show that adaptation to life in the country is most facilitated by direct communication between

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270 foreign students and Americans. According to Zimmerman, intercultural communication is not a “problem” to be solved – on the contrary, it is a phenomenon that needs to be carefully studied (Zimmerman, 1995).

The paper by Roiha and Sommier (2021) studies the attitude towards intercultural education among Dutch secondary school teachers. The results of the study show the importance of introducing intercultural education into the learning process, as well as the need to train teachers in order to provide tools for the implementation of intercultural education.

A number of works of recent decades are devoted to the issues of intercultural communication in the aspect of linguodidactics, in particular, the problems of teaching Russian as a foreign language in the linguistic environment and beyond. Scientists pay attention to the function of intercultural education in teaching tolerance to students (Klobukova, 2007). For successful psychological and social adaptation in a new cultural and linguistic space, it is important for a foreign student to master basic linguocultural concepts, which leads to the acceptance of the culture, values, and worldview of the people (native speakers) (Zyryanova et al., 2020).

However, the consideration of interethnic interaction within the framework of a single science (linguistics, linguodidactics, etc.) and only in one or two aspects does not ensure the completeness of the study and the possibility of large-scale generalizations for developing an effective model of interethnic interaction. The basis of interethnic interaction is language and culture, many phenomena with their own specifics, characteristics, development, and functioning features are involved, which led to the involvement of the methodological base of related sciences.

This study presents a systematic generalization of the results of the analysis of the interdisciplinary field “interethnic interaction”, which includes a description of the achievements of modern science in the linguistic, psychological and social aspects.

The concept of “interethnic interaction” is based on two categories: “interaction” and “communication”. Interaction is a category that reflects the very processes of influence of objects on each other, their mutual dependence, and the generation of one object by another, which is accompanied by the transfer of matter, information, and movement. In the modern

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philosophical theory, attention is paid to such a significant feature of communication as subjective interaction, as well as to the signoriented, symbolic nature of communication content, reflecting the richness of a certain human culture, which corresponds to the historical development of society at a certain time. One can agree with Kagan that “the process of communication is characterized by the presence of many forms, many levels at which it is carried out” (Kagan, 1996).

Currently, there are many theories, in the framework of which interethnic interaction is studied: the theory of functionalism, the theory of exchange, a phenomenological approach, the theory of acculturation, etc. (Asanova, 2008).

According to the theory of exchange, interethnic interaction and intercultural communication are rationally explained, through the balance of benefits and non-benefits of spreading a standard culture or preserving diversity. The functional theory characterizes the interconnection of the language system elements as functionally additional, bearing in mind that language subsystems used by a certain society are distributed over all spheres of use, communicative situations, and social functions (Asanova, 2008).

The communicative behavior features of representatives of certain cultures depend on the type of culture to which the participants in communication belong. Hall divides all cultures into low-context (with an emphasis on verbal communication) and high-context ones (with an emphasis on non-verbal communication contributing to the correct interpretation of verbal signals and on additional information – time, place, and other factors) (Hall & Hall, 1990).

In this regard, when studying the phenomenon of interethnic interaction, the concept of “ethnic identity” becomes important, which implies the result of an individual’s awareness of his or her ethnicity, identification with representatives of his or her ethnic group, and isolation from other ethnic groups. The essential characteristic of this identity consists of certain objective (language, culture, traditions, religion, etc.) and subjective factors (interests, orientations, preferences).

In linguistic research, interethnic interaction is studied in two main directions: interlanguage interaction, dialogue of cultures (an aspect of cultural linguistics), which entails the concept of “intercultural communication”. According to Trager and Hall, intercultural communication has

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a goal for which a person should strive in his/her desire to adapt to the world around him/her as effectively as possible (Trager, & Hall, 1954).

The philosopher Kurlov supported the opinion of these authors, calling intercultural communication an ideal communication model, the main characteristic of which is the primacy of communication, especially interpersonal communication (Kurlov, 2002).

The intensity and effectiveness of intercultural communication are significant factors in the life of an individual in society or in a different society, as well as the factors of its development through participation in intercultural communication. According to Spitzberg and Cupach, this is largely facilitated by intercultural knowledge, which is necessary, but not determining in assessing the effectiveness of intercultural communication (Spitzberg, & Cupach, 1984). The characteristics of this concept are extensive and depend on cultural differences, territorial residence, lifestyle, traditions, language communication.

Intercultural communication is a special area of human relations that unites communication and culture and involves the joint activities of people from different cultures. Many foreign researchers define intercultural communication as the interaction between representatives of different cultures, during which communicants transfer their experience, knowledge, and value system, emphasizing the essence of both their own and foreign culture (Kripon, 2006). Comparative study of foreign cultures and comparison with the native culture avoids further communication problems and minimizes possible culture shock.

concepts of interethnic and ethnic attitudes used in the framework of ethnosociology.

Traditionally, ethnic attitudes are determined by awareness, assessment of a person who identifies him/herself with a particular ethnic group.

Interethnic attitudes are determined by entering into various kinds of communication with representatives of other ethnic formations.

To analyze the nature of interethnic communications, it is important to consider the concept of “ethnic stereotype” as a stable, historically corrected representation at the level of public consciousness about an ethnic group through the characteristics of their behavioral, physical, and mental manifestations. They are conditionally differentiated into heterostereotypes (assessment by representatives of one ethnos or ethnic group of representatives (or an ethnos as a whole) of another nationality) and autostereotypes (assessment of oneself as part of a certain ethnic group).

The component structure of ethnic stereotypes is made up of two types of knowledge and perceptions. The first type includes ideas and judgments assessing the external appearance of representatives of other ethnic groups, the history of the people, traditions and customs, lifestyle peculiarities, etc. The second type of ideas and knowledge in stereotypes reflects the assessment of communicative properties, moral qualities of representatives of this ethnic group. In this regard, ethnic stereotypes are assessed in psychology as determining in the system of interethnic communications.

In psychological research, to study the psychological factors of interethnic interactions, they use the potential of the most significant socio-psychological theories, which make it possible to study the nature of a person entering complex ethnocultural formations. In some psychological studies, a person is considered as a set of social roles and individual characteristics, in others – a person is assessed as a system of socially significant characteristics and properties integrated in a person that arose in the direct or indirect interaction of a person with other people.

Ethnic stereotypes are assessed in a different way in the framework of ethnosociological research.

The first difference is associated with the fact that the basis of ethnic stereotypes is a complex of the traditional culture of the ethnos. This is a stable foundation that allows making stable assessments and creating a stable system of signs and symbols about this ethnic community.

“Ethnocultural stereotypes are a generalized idea of typical features, characteristics of a certain people” (Rosenko et al., 2007, p. 120). The second difference is associated with the need to differentiate the object and the situational space in which this object is now located.

The analysis of the nature and content of interethnic communications is impossible without taking into account the theory of attitudes (Smith, Allport). For this study, it is important to understand the attitude as a socially grounded relationship to a phenomenon, a person, an object – or rather, the narrower

During the analysis conducted within the framework of this study, attention was also paid to the phenomena of ethnic consolidation and national self-awareness. Drobizheva proposes to consider the structure of self-awareness in general and national self-awareness in particular horizontally (this perspective of self-awareness

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272 includes the feeling of belonging to a particular ethnic group, this is the nature of ethnic identity) and vertically (this perspective of self-awareness reveals deeper stereotypical characteristics, more fundamental – psychological and historicalcultural – foundations) (Drobizheva, 2003). The growth of national self-awareness can be determined by two trends: 1) an increase in the identification belonging to a certain ethnos, a feeling of one’s own involvement in this group, a desire to develop and stay in this national space; 2) a feeling of one’s own belonging to a certain ethnos due to the non-recognition of significance and objectivity of existence of other ethnoses, ignoring their interests and determining one’s own exclusivity (Drobizheva, 2003).

In the studies carried out within the framework of social psychology and ethnopsychology, when considering the problem of interethnic interaction, the emphasis is placed on the development of the ethnos, which is considered one of the participants in the analyzed process. A single ethnos as a complex self-developing system in its existence goes through a number of stages, each of which has a different level of potential conflictogenity (i.e. the ability of an ethnos to initiate conflicts in relation to other ethnic communities). It should be noted that an important circumstance in the field of interethnic communication is the mutual cultural adaptation and integration of ethnosocial subjects (Goncharova, 2017).

A separate segment of the communicative space is the conflict space, which is the area of those interaction options that are unambiguously interpreted as aggressive and offensive (for example, the use of derogatory ethnonyms, ridicule of ethnocultural prohibitions and prescriptions, etc.). By the beginning of the 21st century, the clash of cultures has become exponential in nature, including due to the development of global transport systems and information technologies.

They allow familiarizing with a foreign culture and an unusual worldview not in their indirectly adapted version, but in an ordinary form: in the form of real-life events and related experiences, expectations, fears. All this led to the creation of technical prerequisites for the formation of not just an interethnic, but global communication space.

During the implementation of interethnic interaction, a person’s attitude towards another person is revealed as to a subject with his or her own world. In interethnic relations, systemic contradictions can often arise (Samrailova,

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2009), which can lead in the future to a change in the group and individual characteristics that interact with one another. Currently, interethnic communication is being implemented against the background of the growth of social, economic, and political instability in society, which inevitably leads to the emergence of conflicts on interethnic and cross-national grounds.

An alternative to interethnic confrontation can be such communicative behavior of representatives of different cultures, which implies openness towards the interlocutor, the creation of a positive attitude and an atmosphere of equality, and this, in turn, will allow achieving mutual understanding and agreement in interpersonal contacts. In this regard, in a multicultural educational environment, one of the key concepts is the concept of interethnic tolerance.

From the standpoint of linguodidactics, tolerance is understood as tolerance for other people’s opinions, ideas, concepts, unusual forms of expression of any meaning in a language, rules of behavior that are not accepted in the native culture, etc. According to Klobukova, this makes it necessary to formulate the task of forming foreign students’ tolerant consciousness as a special goal of teaching Russian as a foreign language (Klobukova, 2007). This goal meets both students’ personal interests and objective social needs, since modern society, where the mixing of cultures is especially intense, is interested in achieving maximum mutual understanding, both between its individual members and between different social groups.

In modern research on pedagogy and linguodidactics, interethnic interaction in the academic environment is considered through integration with the dynamics of adaptation processes in a non-native linguoculture. For example, Krotova determined the influence of ethnospecific factors on the process of adaptation of Arab students to learning and linguistic existence in the Russian linguocultural environment, substantiated the need to take these factors into account when choosing forms of educational interaction between a teacher and a foreign student (Krotova, 2015). Pomortseva defined linguistic and cultural adaptation “as a process of entering the value-semantic field of a different sociocultural environment through learning the Russian language, studying Russian culture and cultural creativity” (Pomortseva, 2010).

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Conclusions The interdisciplinary analysis of the concept of “interethnic interaction” allows concluding that interethnic interaction is one of the forms of interaction between social communities and individuals, during which the communicative process of exchanging ethnocultural and cultureuniversal information, symbols and knowledge, thoughts and feelings, social and moral experience between ethnic groups is carried out.

These relationships can be implemented at different levels (personality, group, or social institution), in all possible spheres. In particular, in the educational environment of an internationally oriented university, interethnic interaction is defined as a spontaneous and specially organized communication of participants in the educational process – representatives of different ethnic groups in the educational, social-household, educationalprofessional, socio-cultural spheres of communication, structured according to the following levels: “student – teacher”, “student – student, representative of another ethnos”, “student – educational environment”, “student – multinational educational team”, “student – environment”. The language of instruction is an integrating factor through which the readiness of participants in the educational process, representatives of different ethnic groups, is formed for effective interethnic interaction. The theoretical model of interethnic interaction has a multicomponent structure, the projection of which, in particular, as one of the options, on the organizational and substantive aspects of educational activities of educational institutions will harmonize the interaction of representatives of different ethnic groups in the academic environment, create the necessary pedagogical and organizational-methodological conditions to increase the efficiency of mastery of educational programs in internationally oriented universities.

The research result will make it possible to develop optimal models of effective interethnic interaction in various spheres of activity of modern society.

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