bluuebunny/crossref_metadata_2025 huggingface dataset:
Legal ideology as a general scientific notion and legal category
Authors: Gavrilenko O.I.
Published: April 2022

This article analyzes the basic approaches to the understanding of legal ideology as a general scientific concept and legal category. The content of the concept of the author is reduced to a self-contained form of expression of the ideas of public conscience and the way of formation of legal thinking and law understanding. It is given that the legal ideology is formed and changes on the basis of spiritual and mental and socio-economic. In the legal achievements of the Ukrainian people and implements (and sometimes determines) the socio-political and legal values of the state. It is recognized that the bearers of legal ideology, or so-called ideologists are recognized scientists, schools of science, as well as the subjects of law implementation and law study, which in the process of its activity develop fundamental ideas, doctrinal approaches, concepts, judgment, etc.

As a result of the analysis of scientific approaches to the understanding of the essence and characteristics of the concept of legal ideology, it is recognized that this form of ideology has a monistic character, As its essence is conditioned by the rule of law, unlike political ideology, which is always pluralistic, as it is based on public (collective) interests.

The author considers the purpose aspect of legal ideology to be in the development, popularization and substantiation of certain legal ideas, principles and positions, in the formation of doctrines of legal science, which directly or indirectly influence the legal regulation of relations with the society. This influence is exercised through the rule-making, law enforcement, interpretative, law enforcement and other activities of state authorities, etc.

The functional aspect of legal ideology, in the author's opinion, lies in reflecting the current state of law relations, popularization of the foundations of public law and order, integration of ideological goals of developing the legal system in the system of state legislation.
Civil legal aspect of distinction of loan agreement from other types of agreements (loan, gift, rental of vehicle, housing, rental agreement, commercial concession)
Authors: Nadon V. V.
Published: April 2022

Contracts aimed at the transfer of property for use are diverse. Each of the incoming contract types has its own specifics due to certain systemic features (free use - a sign of gratuitousness, renting housing - subject and subjective features of legal relations, commercial concession – a sign of the subject). Accordingly, the internal classification of contracts aimed at the transfer of civil rights to temporary use can be made consistently on several grounds. All contracts on the basis of subject can be divided into contracts aimed at the temporary use of property (rent (lease) of a vehicle, housing, rental, loan), and contracts aimed at the temporary use of objects of exclusive rights (commercial concession). Within the framework of agreements aimed at the transfer of property for use, on the basis of payment are paid (rent (lease), rental, rental of housing, vehicle) and free (loan agreement).

The author concludes that gratuitousness is an essential feature for a loan agreement, as well as for a gift agreement. It is determined that the sign of gratuitousness may follow from the essence of the relationship between the parties. In particular, it is expressed in certain actions, especially if previously such actions were free of charge. Speaking of gratuitousness, however, it cannot be concluded that this agreement has no property interest for the lender. Sometimes this is true, and sometimes property interest still takes place.

It is proved that the loan agreement is combined with those types of lease, the systemic features of which do not contradict the factor of gratuitousness (vehicle loan, home loan, capital construction).

It is proposed to make corrections to Part 3 of Art. 827 of the Civil Code of Ukraine on the possibility of applying the provisions of Chapter 58 of the Civil Code of Ukraine (Lease Agreement), as well as proposed additional Article 837-1 of the Civil Code on liability under the loan agreement.

With the analysis of the outlined problem, it is concluded that for the loan agreement the sign of gratuitousness is decisive, which gives grounds to distinguish the loan from other types of civil law agreements.
Novak Djokovic's case: analysis of some principles of administrative procedure
Authors: Boiko I.V.
Published: April 2022

The article analyzes in detail the content of some principles of administrative procedure on the example of the well-known case of revoking the Minister of Migration, Citizenship, Migrant Services and Multicultural Affairs of Australia visa issued to Serbian tennis player Novak Djokovic. Emphasis is placed on the principle of protection of trust (legitimate interest) of the person to maintain the administrative act, according to which a person can count on the fact that the action taken against him will not be arbitrarily terminated, and therefore the law must clearly define the conditions which the administrative body may revoke the administrative act. It is determined that the power to revoke an administrative act is discretionary, which is enshrined in law through the legal construction of "may", and therefore, its application should be in accordance with the principle of legality in compliance with the following requirements: law; implementation within the limits and in the manner provided by the Constitution of Ukraine and the law; aimed at achieving the purpose for which the discretionary power was granted; impossibility to deviate from previous decisions made by the same administrative body in the same or similar cases, except in justified cases. The content of public interest as one of the grounds for revocation of an administrative act is studied, the interpretation of public interest in the Ukrainian legal doctrine is given. The importance of substantiating an administrative act as a guarantee of proper exercise of discretion in revoking an administrative act on the grounds of protection of public interest, which will allow a person to get acquainted with the motives of the administrative body in adopting a negative administrative act the person of such a decision.
Features of detection and documentation of violations of the order of stay of children in entertainment facilities
Authors: Drok I.S.
Published: April 2022

The scientific article is devoted to a topical issue for the Ukrainian police - the peculiarities of detecting and documenting violations of the order of children's stay in entertainment facilities.

The paper describes the composition of the administrative offense, the responsibility for which is provided by Article 180-1 of the Code of Administrative Offenses. The author emphasizes that the analyzed composition of administrative offenses affects, first of all, the health of minors, and therefore such offenses have a high degree of harm.

Police officers most often find violations of children's stay in entertainment or catering establishments due to planned raids in such institutions at a time when children's stay is prohibited or the implementation of operational information. However, after receiving operational information, the police officer still inspects the institution. The author proposes an algorithm for inspecting entertainment establishments or catering establishments at night.

The paper also identifies the difficulties encountered by police officers in identifying violations of the order of stay of children in such institutions, as well as recommendations for improving the activities of juvenile prevention units to detect and document administrative offenses under Article 180-1 of the Code of Administrative Offenses.

In order to optimize the activities of the National Police of Ukraine to identify violations of the order of children in entertainment or catering establishments, the author proposed to develop joint programs between bodies and units of the National Police of Ukraine and local governments aimed at joint measures to prevent and detect such facts.

Attention is drawn to the contradictory point between the disposition of Article 180-1 of the Code of Administrative Offenses and the norms of the Law of Ukraine "About Child Protection" and in the content of the Law itself. Amendments to this Law have been proposed, which will ensure the observance of children's rights and freedoms and limit the impact of anti-social manifestations on them.
Problematics of research of administrative and legal support of the education system in Ukraine: theoretical and methodological aspects
Authors: Kurko Mykola , Didenko Serhiy
Published: April 2022

The article is devoted to the review and systematization of the theoretical and methodological approaches to the study of administrative and legal support of the education system in Ukraine that dominate in domestic legal science. The authors focus on the issues of taking into account the peculiarities of the current state of education and its administrative and legal support, as well as the dynamics of their development, in any study.

The study takes into account the views of domestic researchers on the role of philosophy of law and the theory of humanitarian logic. It was found that the methodology of analysis researchers include: philosophical and philosophical approaches; general scientific methods; group methods. Instead, the logic of humanitarian knowledge is formed on the basis of the logic of historical knowledge, the specificity of which is manifested in the special meaning of singular sets that receive direct and indirect meaning, form the appropriate logical connections in drawing conclusions.

Approaches to the use of existentialism as a current of modern idealist philosophy are outlined, in the plane of which society is opposed to the individual, the objectivity of being is denied, but only human existence and subjective experiences are considered real.

Particular attention is paid to systemic and synergetic approaches as the most relevant for use in the study of administrative and legal support of the education system. The advantage of a systematic approach is the ability to apply almost all the tools of scientific knowledge. At the same time, its disadvantage is the neglect of the features of individual components of the system. The use of a synergetic approach makes it possible not only to understand the processes occurring in the study area, but also to identify existing and projected results of the interaction of system components.
Ways of interpretation of legislative provisions setting forth administrative fines for customs violatios for aligning them with the rule of law
Authors: Lipynskyi V.V.
Published: April 2022

The article argues that there is an urgent need to interpret the provisions of the customs legislation on administrative fines in a way that ensures correspondence of its amount to circumstances of the case relating to the gravity of the offense, the degree of guilt of the offender and his situation, as opposed to the mechanical imposition of this administrative penalty by customs authorities and courts in single unchangeable amount prescribed by law. Applying normative-dogmatic, systemic, comparative-legal and other methods of scientific research, the author maintains that, despite the literal content of the provisions of customs legislation on the application of fines for violations of customs rules, they should be interpreted taking into account the principle of proportionality, which requires limiting punishments to the mildest possible measures suitable enough to respond to particular offenses. Given the priority of the rule of law over the provisions of positive law, a definite amount of fines for violation of customs legislation cannot relieve governmental authorities of the obligation, to weigh the intensity of state repressive measures in light of special circumstances. As the experience of the most developed countries shows, aggravating circumstances can be considered which are, in particular, the negative history of cooperation with customs authorities, intentional obstruction of the investigation of customs authorities by withholding evidence or misleading customs officials. Instead, in determination of appropriate amount of fine for violating customs regulations one should consider mitigating circumstances such as commitment of an offense for the first time with a negligent form of guilt or without significant consequences for the state budget due to lack of revenue; severe events of a personal nature in life of a person who independently conducts business activities or has a decisive influence on business decisions; taking all possible steps to avoid the offense, including requesting advice or other assistance from the customs authorities; bona fide error in complex issues of customs administration due to inexperience; connection of the offense with a complementary error of the customs authorities, cooperation during the investigation of the customs authorities; immediate correction of the violation; positive history of interaction with customs authorities.
Current challenges and threats of the legal culture of youth
Authors: Drapushko R.G. , Gorinov P.V.
Published: April 2022

Objective: comprehensive research of current challenges and threats of legal culture in the youth environment and proposals to improve the level of legal culture. Research methods: cognitive-analytical, comparative-legal analysis, objective truth, etc. Results: generalized mechanisms of destructive influence on the legal culture of youth, some, the most vulnerable forms of legal nihilism in the youth environment are identified and ways to improve the level of legal culture are proposed. Discussion: clarified the normative consolidation of anti-bullying, summarized the experience of educational and legal work by some state institutions, suggested ways to improve the legal education of young people to improve legal culture and combat certain manifestations of legal nihilism.

Attention is focused on the need for educational activities, including on the Internet in a new interesting and accessible form for young people. Substantiated: expediency of conducting sociological research to monitor the state of legal culture of youth to quick responding to relevant trends and challenges in the field of lawful behavior of young people; the need to develop a State Strategy for Legal Education with the involvement of specialists in various fields of knowledge to form a single integrated approach to its content. We consider it expedient to introduce into the school education program the discipline «Fundamentals of Legal Culture and Information Security», which will increase the level of legal culture of young people.
Features of the introduction of e-government in the executive authorities of Ukraine
Authors: Lukyanova H. , Venhlinska A.
Published: April 2022

The study of the latest trends in society reflects the need to create modern methods of interaction between state and people. It is analyzed that in order to build and unite the world community it is necessary to introduce informatization of social life. Public relations should be based on the principles of equality and accessibility of services that ensure a decent standard of living. After all, one of the most important tasks of the state apparatus is to provide conditions that allow the realization of human and civil rights and freedoms. E-government solves a number of existing problems, as well as generally improves the administrative and management system and increases the efficiency of public authorities in particular. The introduction of the newest institute causes the transformation of the state apparatus and must take into account the public interests and peculiarities of the national system of government. Implementation of measures provided by e-government will improve the system of public services, as well as increase the level of trust in public authorities.

 In Ukraine, in order to achieve the goal of implementing European standards of e-services, openness and transparency of government, the process of implementing e-government was launched, which is still ongoing and is improving every year. In particular, the Cabinet of Ministers of Ukraine in the context of reforming the public administration system approved the Concept of e-government in Ukraine. Under this Concept by 2020 the modernization of public services and the development of interaction between government, citizens and business through information and communication technologies, development of electronic services, open data, electronic tools for citizen engagement, electronic identification and trust services, electronic interaction, electronic document management, the formation of the basic information and telecommunications infrastructure of e-government, improving the efficiency of e-government development management.
Methodological bases for studying information security in the law of national security and military law
Authors: Onopriienko S. H.
Published: April 2022

The purpose of the floor is to determine the essence of the methodological principles of information security research in the science of national security law and military law.

The article establishes that the methodology is a set of concepts and paradigms that determine the development of the science of national security law and military law, as well as a set of relevant methods and methods for obtaining, verifying, generalizing and presenting scientific knowledge. The argument is given that there is no single source of methodology - it is constantly created, accumulated, modified in the works of different scientists. The article determines that at the level of generally recognized rules and criteria, methodology exists in every branch-subject scientific environment.

The article substantiates that the interdisciplinary of the institute of information security generates a variety of methods that can be applied to study in various fields of scientific knowledge. The criteria are highlighted, the presence of which determines the study of certain aspects of information security within the framework of the science of national security law and military law: a) a special subject of information security, the legal status of which is based mainly on special legal acts and does not belong to public authorities, enterprises , institutions, organizations (military formation); b) special legal regimes in which information security must be ensured, in particular, the regime of wartime and state of emergency; c) the existence of a special legal relationship with foreign military formations and interstate military blocs (alliances), which leads to the unification of efforts and coordination on issues of ensuring information security as a component of compatibility.

The conclusion is made that the methodological foundations of the study of information security in the science of national security law and military law are based primarily on the interdisciplinary nature of this category. The use of private and public law methods for studying information security makes it possible to achieve the complexity and consistency of new scientific knowledge.
Experience in organizing the activities of law enforcement agencies in European countries
Authors: Filipenko A.S.
Published: April 2022

The article considers foreign experience in organizing the activities of law enforcement agencies. It is determined that the field of law enforcement is constantly in a state of dynamic transformation and improvement, which to some extent reflects the direction of national legislation and policies.

It is also noted that according to modern requirements, maintaining the rule of law is one of the most important tasks of the state, so in organizing the work of law enforcement agencies, the implementation of international experience is one of the most important tasks of the rule of law. One of the current trends in the development of the legal system is its openness, which determines the possibility of using advanced foreign concepts to implement universally recognized international principles, norms and standards of human and civil rights and freedoms.It is emphasized that the following facts should be taken into account: historical traditions of legislation and law enforcement, features of socio-economic and cultural development of countries, general cultural and legal consciousness of the population, degree of interaction with government and civil society, features of national police, logistics. providing police and other important factors. International law enforcement standards have an important role to play in policing.It was found that abroad, as in Ukraine, law enforcement reform is part of administrative reform, and the direction of its implementation often depends on the overall objectives of public administration reform. The purpose of most reforms in foreign countries is to: increase the efficiency of national systems; transforming the country into a responsible employer capable of attracting a sufficient number of workers with the necessary qualifications, controlling the cost of their maintenance; increasing the confidence of the private sector and citizens in public institutions.Three models of internal security in European countries are considered: centralized or continental model (Norway, Denmark, Finland, Ireland, Sweden, Spain, Portugal, Italy, France, Belgium, Holland, Luxembourg), decentralized model (Czech Republic, Bulgaria, Romania, Combino) (integrated) model (UK, Germany, Netherlands).
The role of the mass media in forming the population's trust to the police
Authors: Shnurko Ya.
Published: April 2022

The scientific article is devoted to a topical and interesting topic of research on determining the role of the media in building public confidence in the police.

The paper proves that the media is the main tool for influencing the opinion of modern man, and accordingly the media play a decisive role in building public confidence in the police. Scientific research of this tool and its competent use will help increase the level of trust of the population of Ukraine in the police.

Two components of creating a positive image and authority of the National Police of Ukraine are distinguished: the actual work of the police and the media image of the police officer.

The author classifies the media into the following types: traditional (periodicals: newspapers, magazines, etc.); new (radio and television); the latest (the Internet, which includes electronic versions of printed publications, electronic publications, social networks, blogs, Telegram channels, YouTube channels, etc.).

It was found that three main functions are involved in the formation of the image of a police officer: informational (placement in the media of relevant information about the results of the National Police, social processes related to police performance of official duties, etc.); communicative (aimed at discussing in the media information about the activities of the National Police, public relations between police and citizens, etc.); ideological (the ability of the media to reflect and shape public opinion of the population as a whole, a particular community and individual social groups about the activities of the National Police).

It is concluded that the process of creating a media image of a police officer may not be spontaneous, but may be formed as a result of specially developed algorithms for specific actions (strategies, tactics, technologies) in management, marketing, image strategy, and linguistics, including political linguistics. But such technologies are still not fully used by the National Police.

It is concluded that the media image of the National Police in general and individual police officers in particular is both a tool and an object of management of law enforcement.
Subject of national security law and military law
Authors: Shopina I.M.
Published: April 2022

The purpose of writing gender is to determine the range of legal relations included in the subject of national security law and military law.

Criteria for the selection of branches of law are investigated. Attention is focused on theoretical approaches to understanding the structure and subject of national security law.

The definition of the concept of military law is proposed. Arguments are given that the subject of regulation of military law is military legal relations, which are of a recurring nature and are the subject of a special type of control. The rationale is that the social necessity for the existence of military law is due to the long-term conduct of military (combat) operations on the territory of our state, the occupation of a significant part of the territory of Ukraine, the need to strengthen military formations to increase the level of defense capability and adequately rebuff the armed aggression of the Russian Federation, as well as solve problems adapting the functioning of the military organization of the state according to the standards of the North Atlantic Alliance.

The article determines that the subject of military law is military legal relations, which are public relations regulated by legal norms that arise during the functioning of military formations, preparation for defense and implementation of the protection of the state in the event of armed aggression or armed conflict. A feature of military legal relations is their complex nature, which determines their simultaneous belonging to both the sphere of public law and private law relations. Attention is focused on the fact that the share of public law relations in the subject of military law is much larger.

The conclusion is made that the definition of the subject matter of national security law and military law makes it possible to achieve stability in the formation of its doctrine and improve the quality of rule-making activities aimed at filling numerous legal gaps.
Victimological characteristics of victims of human trafficking
Authors: Andrushko A.V.
Published: April 2022

The article develops the victimological characteristic of victims of human trafficking on the basis of the analysis of materials of 300 criminal proceedings considered by courts of Ukraine for the period from 2010 to 2019. The author summarizes the data concerning 1167 victims of this encroachment.The analysis showed that 1147 (98,3%) victims of this crime were victims of human trafficking for the purpose of exploitation. Of these, 918 (80%) were victims of trafficking for sexual exploitation, 124 (10,8%) – for exploitation in the form of forced labor, 49 (4,3%) were forcibly involved in begging, 46 (4%) were victims of trafficking for the purpose of exploitation in the porn business, 10 (0,9%) – for the purpose of organ removal. Another 20 (1,7%) were victims of child trafficking committed by their parents for the purpose of their further adoption by other persons.The paper clarifies socio-demographic and other characteristics of victims of human trafficking. In particular, it is found that among 1167 victims of the analyzed encroachment, 1019 (87,3%) were women and 148 (12,7%) were men. The age of victims of human trafficking was distributed as follows: up to 14 years – 2,6%, from 14 to 18 years – 6,1%, from 18 to 30 years – 75,9%, from 30 to 40 years – 13,2%, from 40 to 50 years – 1,5%, from 50 to 60 years – 0,6%, over 60 years – 0,1%.The article establishes that what the vast majority of victims of trafficking have in common is the vulnerable state in which they find themselves. Only a few victims of human trafficking were employed at the time of the crime, but complained to their recruiters that their income level did not allow them to provide even the most basic needs, that they were in debt, had to support minor children, sick parents and so on. The vast majority of studied persons did not have any paid work or had only occasional earnings. Some of the victims of trafficking for sexual exploitation are former prostitutes.The article analyzes peculiarities of victim behavior of victims of human trafficking at different stages of this crime. Among other things, it states that victims of trafficking do not usually look at their job offers through the prism of critical thinking. At the same time, they often demonstrate not just a lack of vigilance, but unjustified (“blind”) trust in a stranger who promises an easy solution to material problems.
The state executor - as a guarantor of the execution of a court decision that has entered into force
Authors: Logvynenko M.I. , Vysotskyi A.I.
Published: April 2022

The article is devoted to the study of the issue of execution of court decisions by the state executor, which is relevant both in Ukraine and abroad. The authors considered and argued the main features of the powers of the state executor as a guarantor of the execution of court decisions. The article analyzes the place and role of the state executor in the system of control and supervision of administrative coercion. The issue of the legal status of the state executor is considered. An analysis of the requirements of current regulations that define the rights and responsibilities of state executors.

          The main problems that arise during the performance of public duties by the state executive are summarized. Emphasis is placed on the practice of the state executive service on the execution of court decisions that have entered into force. In addition, the activities of private performers are considered for a more in-depth analysis of the differences between the activities of public and private performers. The main differences and similarities between the activities of these performers are highlighted. The main tasks of the state executive service, state executors and private executors are generalized.

          The legal status of the state executor in Ukraine is considered, attention is paid to the legal regulation of the process of execution of a court decision. The bills, laws and other normative-legal acts regulating this sphere are characterized. A study was conducted on the basis of which executive documents are subject to enforcement of decisions by state executors and considered their features.

          The conclusion is made about the tasks and issues related to the execution of court decisions, as well as the role of the state executor in this process in comparison with the private executor. Considerable attention is paid to the study of social and legal security of citizens who became participants in enforcement proceedings.

          The issue of legal responsibility of a state executor as a civil servant of Ukraine in the field of official activity and professional activity related to the provision of public services is analyzed and researched.
Peculiarities of behavior of juvenile victims of violent incest
Authors: Titochka T.I.
Published: April 2022

The article considers the peculiarities of the behavior of juvenile victims of violent incest. It is indicated that the following features should be taken into account when studying the typology of victims of violent incest: 1) biological and psychological features and types of victims; 2) circumstances that preceded / contributed to the commission of the violent act; 3) the behavior of the victim at the time of the act of violence and after it. Establishing these features will provide an opportunity to more fully and correctly classify juvenile victims of violent incest. The author points out that in the general sense, the types of juvenile victims of sexual crimes do not differ sharply from the general public. At the same time, the typology of such persons is somewhat narrowed due to the frequent dominance of certain features that provoke the criminal offender to commit an illegal act. For example, if a person seeks to commit theft or robbery / robbery, the victim often plays a secondary role, as circumstances that contribute to the offense come to the fore (dark time of day, absence of outsiders, etc.). In the case of violent incest or any other socially dangerous act of a sexual nature, the language focuses on the victim as the "object of desire." That is why the criminal offender usually pays attention to two aspects: the biological characteristics of the victim and the psychological characteristics (behavioral reactions). A study of statistics and jurisprudence concluded that in most cases this type of criminal offense is committed against juveniles who have an attractive appearance and passive behavior (do not make excessive efforts to protect and prevent incest). Attention is drawn to the fact that the provocation of violent incest is inherent in older minors and is due to the desire to prove to their loved ones their adulthood, sexuality and readiness for sexual intercourse. Often such victims seek to feel wanted, but do not understand the real threat of experiencing illegal sexual influence, especially from a close relative.
Object of a terrorist act: the generic object of the crime
Authors: Popovich O.
Published: April 2022

The article is devoted to the problematic issues of establishing the generic object of a terrorist act. The object of a terrorist act is important to establish the public danger of the act and its consequences, the recognition of the act as a crime, the qualification of this act and the prosecution. Attention is paid to different views of the nature and types of the object of the crime. The three-level classification according to the level of generalization of objects of crime "vertically" is considered - according to the level of generalization of objects of crime "vertically" (general, generic with definition if necessary within its limits and species object, ), and "horizontally" at the level of the direct object of the crime - the main direct and additional direct objects of the crime. Scholars also use the classification at the level of additional direct object of crime with the division of this object into two types - additional mandatory (required) and additional optional, and at the level of direct object of crime "horizontally". The special significance of the generic object of a criminal offense (criminal misdemeanor or crime) in the considered classification of objects "vertically" is emphasized. The generic (group) object of a criminal offense is a certain range of identical or homogeneous in its social and economic essence of social relations, which as a result are protected by a single set of interrelated criminal law. It has been proven that the controversial issue of the generic object of a terrorist act has a negative impact on judicial practice, because there is a lack of certainty that all the defining, typical features of the crime are clearly defined. As noted in legal scientific publications, the correctness of fixing the signs of the crime and the choice of their location in the relevant article of the Special Part of the Criminal Code serves as a legal basis for ensuring rights and freedoms in criminal proceedings. In addition, without an accurate description of the signs of a criminal offense in the rules establishing criminal liability for criminal (criminal illegal) acts, as well as without a full solution to other issues of criminal remedies to combat these crimes (criminal offenses) proper implementation of constitutional and international The principle of the rule of law is impossible, which is one of the key indicators of Ukraine's development as a legal and democratic state, which is on the path to European integration.

             The defining characteristics of a terrorist act have been established, such as: a generally dangerous act, aimed at spreading fear and terror among the population or a particular social group, the ultimate goal of a terrorist attack, which is to unlawfully (illegally) influence other legal or natural persons. their behavior, which is desirable for the subject of the crime. The generic object of the terrorist act has been identified.
Legalization «laundering» of funds obtained by criminal route as one of the types of economic transnational crimes
Authors: Zavydnyak I.О.
Published: April 2022

The article considers one of the types of transnational economic crimes - legalization (laundering) of proceeds from crime. Emphasis is placed on the fact that the legalization (laundering) of proceeds from crime is a predicate offense, because it is not characteristic of any one type of organized crime, but for a very wide range of transnational crimes, because the vast majority of them are for profit and criminally acquired assets. In this regard, the process of investigating and providing legal assistance in the investigation of such economic transnational crimes has a number of features and obstacles.

The need for an appropriate legal framework for international cooperation in the fight against money laundering (laundering) is indicated.

Three main stages of legalization (laundering) of criminal proceeds as one of the economic transnational crimes have been identified and analyzed. Thus, the first stage of such illegal actions is: placement of cash in the normal circulation of money (the process of penetration of proceeds from crime into the economic system, which aims to free the holder of a large sum of funds from cash and its placement in national or foreign currency in cash turnover, for the next stage). The second stage of legalization (laundering) of proceeds from crime is camouflage (hiding traces and ways of spreading) or cash circulation, which includes a number of financial transactions aimed at concealing the source of money. The third stage is defined as integration (return and legalization of «laundered» money), full entry of funds into the legal economic system, where they can be used for any purpose.

It is emphasized that in the process of legalization (laundering) of proceeds from crime, there are certain periods (or «bottlenecks»), during which the risk of detecting such illegal activities increases significantly. Even with the large number of options, methods and forms of money laundering, such periods cannot always be avoided, which significantly increases the risk of detection of such illegal activities by financial intelligence units or other competent authorities. Such periods include: the process of receiving cash into the financial system; movement of cash flows across the state border; transfers within the financial system and at the exit from the financial system. Given this, in order to ensure the successful functioning of the entire system of legalization (laundering) of proceeds from crime, this process is usually performed by persons who are professionally engaged in management procedures for investing legalized proceeds in legal real estate and other assets.

It is noted that effective counteraction to the process of legalization (laundering) of proceeds from crime is impossible without the legal settlement of international cooperation in the investigation and collection of evidence of such economic transnational crimes.
State’s protection of personal rights
Authors: Slovska І.
Published: April 2022

The article explores certain areas of public relations that require state and legal regulation to avoid social conflicts. Examining the constitutional mechanism of state power, experts define its functions as the activities of the subjects of such a mechanism within the competence defined by law, aimed at achieving the goals and objectives of the state. Thus, the main purpose of the Constitutional state, as Ukraine declares itself, is the real provision of the individual’s ability to realise constitutional rights and freedoms for their own benefit. Nowadays, the formal declaration of social justice is often obvious, but modern Ukrainian society is characterized by many contradictions – the adoption of a significant number of legal acts and at the same time the spread of total legal nihilism (adopted laws are openly ignored, violated and not valued). It is emphasized that legal education is an important founder of the value criteria for the existence of the the Constitutional state. The arsenal of various means of spiritual development and improvement of the person has special value. And law is one of them.

Emphasized that a person’s legal convictions are strengthened under the conditions of constant thoughtful improvement of normative prescriptions, bringing them in line with the urgent needs of social development.

In Ukraine, there are areas that need to be transformed, but there are also those in which lawmakers have reacted quickly to change. The author studies some regulations on the areas of economics, and armed conflict.

It is concluded that the norms of international and Ukrainian law on the protection of human rights testify the activity of the state in performing its functions to regulate the life of the human team. The application of state and legal measures to ensure the health, life and security of society, although not always prompt and adequate, is undoubtedly invaluable given the parity of protected goods.
The concept and place of competition law in the legal system of the EU
Authors: Stepanyk Y.O.
Published: April 2022

In the framework of modern reform of competition laws in the European countries, that has arisen due to increasing attention to markets in the field of IT services, in particular software and IT-solutions for business, the nature of competition law and its place in the legal system of each separate state became as one of the most topical issues. Such features are revealed through several characteristics, including the peculiarities of historical development, the level of market concentration, the development of individual industries etc.

            Even though the fact that basic principles of the competition regulation in the European Union are stipulated at the supranational level, their historical basis is the process of development of competition law in individual Member States.            The existence of two models of competition regulation at the theoretical level, i.e. European and American, allows, in turn, to distinguish such concepts as "competition", "antimonopoly", "antitrust" and "cartel" law. By the way of definition of the range of legal relations, the question arises as to the affiliation of competition law to the public or private sphere.            Due to the specifics of the subject of regulation, the issue of the place of competition law in the general legal system remains open, which leads to a large number of problems, both on the theoretical and practical levels. As for the example, we can indicate, inter alia, the definition of the status and scope of powers of authorities, the nature of sanctions imposed in a result of violation of competition laws and the nature of such liability.            In addition, there is a question regarding the nature of the processes carried out within consideration of cases of violation of the legislation on protection of economic competition or review the applications for granting approval on concentration or concerted practices, participants’ rights and obligations in such processes, etc.
Kinerja Pertumbuhan Larva Lalat Tentara Hitam Hermetia illucens Linnaeus (Diptera: Stratiomyidae) pada Substrat Kulit Ari Kedelai dan Kulit Pisang
Authors: Permana Agus Dana , Susanto Agus , Giffari Fahri Rijal
Published: April 2022

Lalat tentara hitam atau Black Soldier Fly (BSF) Hermetia illucens merupakan serangga biokonverter yang mampu mengubah berbagai jenis sampah organik menjadi biomassa larva yang dapat dimanfaatkan salah satunya sebagai pakan ternak. Tujuan penelitian ini adalah untuk mengetahui pertumbuhan dan hasil biomassa larva BSF yang ditanam pada limbah kulit ari kedelai dan kulit pisang. Percobaan terdiri dari enam perlakuan yang diuji yaitu fermentasi dan non-fermentasi dari tiga substrat yaitu kulit ari kedelai, kulit pisang, dan pakan ayam sebagai kontrol. Pengamatan dilakukan setiap hari dengan parameter kinerja pertumbuhan yang terukur meliputi tingkat konsumsi substrat (D), indeks pengurangan limbah (WRI), efisiensi konversi pakan yang dicerna (ECD), waktu pengembangan dan durasi makan, tingkat kelangsungan hidup, prapupa biomassa, dan rasio jenis kelamin. Hasil penelitian menunjukkan bahwa nilai WRI pada sekam kedelai (difermentasi atau tidak) tidak berbeda nyata dengan pakan ayam (kontrol) (P>0,05). Larva BSF yang diberi makan kulit pisang memiliki nilai ECD tertinggi, yaitu 37,58%. Sedangkan larva yang diberi pakan ayam fermentasi menghasilkan bobot biomassa prapupa tertinggi, yaitu 32,6 mg. Berdasarkan hasil penelitian dapat disimpulkan bahwa kulit ari kedelai memiliki pengaruh yang sama dengan pakan ayam terhadap kinerja pertumbuhan larva BSF.
Bioaktivitas Ekstrak Biji Anonna muricata L. terhadap Spodoptera frugiperda J. E. Smith (Lepidoptera:Noctuidae)
Authors: Ramadhan R. Arif Malik , Nurhidayah Siti
Published: April 2022

Keberadaan Spodoptera frugiperda menjadi salah satu faktor pembatas produksi jagung di Indonesia. Status S. frugiperda di Indonesia sebagai hama baru pada pertanaman jagung mengakibatkan masih terbatasnya metode pengendalian yang dapat diterapkan. Pola pengendalian menggunakan pestisida sintetik akan menimbulkan permasalahan resistensi di kemudian hari. Pemanfaatan pestisida nabati dinilai sebagai sarana pengendalian alternatif yang dapat digunakan. Tanaman sirsak (Annona muricata) merupakan salah satu tanaman yang berpotensi dijadikan sebagai pestisida nabati. Pemanfaatan tanaman A. muricata di Indonesia sebagai pestisida nabati telah dilaporkan efektif untuk mengendalikan berbagai hama. Ekstrak metanol biji A. muricata diujikan dengan konsentrasi 0%, 0,2%, 0,4%, 0,8%, dan 1,6%. Berdasarkan hasil penelitian, ekstrak biji A. muricata 1,6% dinilai efektif untuk mengendalikan S. frugiperda dengan tingkat mortalitas sebesar 93,33 ± 1,15 % dan nilai LC95 sebesar 3,105%, dapat menghambat laju perkembangan larva hingga 5,85 hari, mempengaruhi keberhasilan pembentukan pupa hingga 33%, dan keberhasilan imago hingga 0%. Akan tetapi, ekstrak metanol biji A. muricata dinilai kurang efektif dalam menghambat aktivitas makan dan pertumbuhan S. frugiperda. Respons penghambatan aktivitas makan teramati hanya sebesar 32,43% dan pengaruhnya terhadap penghambatan pertumbuhan larva tidak berbeda nyata dengan perlakuan lain. Ekstrak biji A. muricata dapat digunakan sebagai alternatif pengendalian S. frugiperda namun perlu dikembangkan dengan menguji fraksi pelarut lain maupun dengan mengombinasikan ekstrak biji A. muricata dengan tanaman lain.
Fluktuasi Populasi dan Identifikasi Lalat Buah Bactrocera spp. pada Pertanaman Mangga Varietas Gedong Gincu di Jatigede Sumedang
Authors: Syahputera Ilyafad , Susanto Agus , Permana Agus Dana
Published: April 2022

Lalat buah Bactrocera spp. (Diptera: Tephritidae) merupakan hama penting pada komoditas mangga di Indonesia. Kajian mengenai keberadaan spesies dan hubungannya dengan faktor abiotik dinilai perlu dikembangkan untuk menerapkan metode pengendalian yang efektif. Penelitian ini bertujuan untuk mengetahui pengaruh faktor abiotik (suhu, curah hujan dan kelembaban udara) terhadap fluktuasi populasi lalat buah serta jenis spesies yang menyerang pertanaman mangga varietas gedong gincu di Jatigede, Kabupaten Sumedang. Penelitian dilakukan dengan memasang perangkap botol beratraktan methyl eugenol. Sampel lalat buah yang terperangkap selanjutnya diidentifikasi. Hasil penelitian menunjukkan bahwa curah hujan (Y= -2,19 + 0,01x; P < 0,05) dan kelembaban (Y= -2,19 + 0,06x; P < 0,05) berpengaruh terhadap fluktuasi populasi lalat buah serta spesies yang teridentifikasi pada lokasi penelitian adalah B. dorsalis, B. carambolae dan spesies hibrida hasil perkawinan interspesifik.