bluuebunny/crossref_metadata_2025 huggingface dataset:
The Role of Marriage Guardian of the Same Clan in the Traditional Marriage of Batak Toba Muslims in Samosir Regency in the Perspective of Islamic Law
Authors: Siregar Ramadhan Syahmedi , Syakban Muhammad , Rosele Muhammad Ikhlas bin
Published: April 2023

A marriage guardian (wali) occupies a very important role in marrying the bride to the prospective groom. There is often a unique case found among the Batak Toba Muslims in Harian District, Samosir Regency in that the lineage of a marriage guardian is not clear (cannot be proven genetically). Thus, if a bride belongs to a Samosir clan, the leader of Samosir clan can be the marriage guardian for the bride as long as he is a Muslim. This study aims to see the implementation of traditional wedding ceremony in the Batak Toba Muslim community, to see some factors contributed to this phenomenon, and to see the role of a guardian in a traditional wedding ceremony of Batak Toba Muslim in the perspective of Islamic law. After analyzing the data, it was found that many cases of marriage involving guardian of the same clan but different lineage were triggered by little understanding of Islamic marriage. Therefore, the office of religious affairs is suggested to be more active in raising people’s awareness of the important roles of a marriage guardian. In addition, for people whose marriage guardian is not from the same lineage should register their marriage with a wali hakim as their marriage guardian.
Consequences for Counterfeiting and Distributing of Counterfeit Vaccines under Jināyah and Criminal Law: A Comparative Study
Authors: Syatar Abdul , Abubakar Achmad , Fauzan Ahmad , Kurniati  , Hukpar Darhan Sutradi
Published: April 2023

The proliferation of counterfeit vaccinations was producing significant public health problems and was related with legal issues. This article compared the sanctions imposed by Islamic criminal law and national legislation on counterfeiters and distributors of fake vaccines. Several rules and regulations control the use and distribution of vaccinations in Indonesia. In accordance with Articles 196 and 197 of Law Number 36 of 2009 on Health, the criminal act of distributing counterfeit vaccines is punishable by a maximum prison sentence of ten years and a maximum fine of one billion in IDR. As opposed to Article 197, which stipulates a maximum punishment of 15 years in prison and a maximum fine of Rp. 1,500,000,000,000. counterfeiting and distributing counterfeit vaccines are considered serious crimes in both Islamic criminal law and Jināyah. The punishment for these crimes varies depending on the severity of the offense and the harm caused to society. In both systems of law, the punishment can range from fines and imprisonment to the death penalty. It is important to note that these punishments are intended to deter individuals from engaging in these crimes and protect public health and safety. It was believed that the government would increase legislation addressing the punishment of counterfeiters and drug dealers, who can harm the Indonesian national character.
Numerical simulations of aeroelastic instabilities in a turbine-blade cascade by a modified Van der Pol model at running excitation
Authors: Pešek Lukáš , Šnábl Pavel , Prasad Chandra Shekhar , Delanney Y.
Published: April 2023

The onset and spread of flutter in a turbine blade cascade are numerically studied. Due to the application of the reduced-cascade model consisting of simple elements (springs, rigid bodies, linear dampers) and aeroelastic forces introduced by the analytical Van der Pol model, it is useful to study the dangerous states of vibration of such complicated turbine parts. This study examines aeroelastic instabilities of a 10-blade cascade at running excitation that arise due to wakes flowing from the stator blades to the rotating blades. Unlike our previous work, it brings a new definition of the Van der Pol model of self-excitation that is controlled by relative inter-blade motion of neighbouring blades.
Prevention of crime in the field of information technologies in the conditions of martial law in Ukraine
Authors: Bodunova O.
Published: April 2023

The article examines the directions of crime prevention in the field of information technologies in the conditions of martial law. It is noted that in the process of scientific and technical progress and the active introduction of Internet technologies into all areas of society, crime is also developing.

This issue is especially relevant today in Ukraine, because in the conditions of martial law, cybercriminals are actively involved in hacking government servers, disinforming the population, using fake profiles in social networks, etc. Today, cyber fraud is widespread, in which criminals intend to learn bank details of citizens under the guise of various payments in order to take possession of funds.

It is noted that today the war in the information space causes no less damage than the war on the battlefield. In this regard, the process of improving the current criminal and criminal procedural legislation regarding the prosecution of cybercriminals has already begun in Ukraine. Thus, after the full-scale invasion of Russia on the territory of Ukraine, the number of criminal offenses in the field of information technology increased dramatically. The aggressor country uses Internet technologies for disinformation about the invasion of Ukraine, propaganda of hostile ideas, etc. In this regard, the Verkhovna Rada of Ukraine optimized the criminal and criminal procedural legislation, improving the grounds and procedural mechanisms for bringing criminals to criminal responsibility.

It was determined that the legislative framework of Ukraine does not contain a separate special act that would regulate the issue of crime prevention in the field of information technologies. Instead, there are several legal acts in Ukrainian legislation that regulate this issue.

It was concluded that in order to build an effective system of crime prevention in the field of information technology, it is advisable not only to strengthen responsibility for committed criminal offenses, but also to develop socio-economic, organizational-management and moral-psychological directions aimed at neutralizing the factors that lead to the commission of criminal offenses .
Insulting the honor and dignity of a serviceman as a form of the objective side of the criminal offense under Art. 435-1 of the Criminal Code of Ukraine
Authors: Iemelianenko V. , Orobets K.
Published: April 2023

The article presents the results of a multi-aspect study of the term "insult to honor and dignity", which is used in Art. 435-1 of the Criminal Code of Ukraine. The authors understand the humiliation of the honor and dignity of a serviceman as belittling or denying his positive qualities from the point of view of society and the serviceman himself, related to his implementation of measures to ensure national security and defense, repelling and deterring armed aggression against Ukraine, and insult as humiliation of honor and dignity, expressed in an obscene form. The article also makes suggestions for improving the legislative consolidation of the relevant criminal law norm.

The article carried out a multi-faceted study of the term "insult to honor and dignity", used by the legislator to denote one of the forms of the objective side of the criminal offense provided for in Art. 435-1 of the Criminal Code, gives grounds for formulating the following conclusions and proposals.

The specified "legal" term should be replaced by similar but more precise terms. Such terms are either "humiliation of honor and dignity" or "insult". Humiliation of the honor and dignity of a serviceman within the meaning of Art. 435-1 of the Criminal Code is a reduction or denial of his positive qualities from the point of view of society and the serviceman himself, related to his implementation of measures to ensure national security and defense, repel and deter armed aggression against Ukraine. An insult is a humiliation of honor and (or) dignity, expressed in an indecent way. Determining which of these terms to a greater extent reflects the public danger of a criminal offense is one of the tasks of further scientific research on the selected issue.

The social danger of a criminal insult lies in the fact that this act encroaches both on social relations that ensure the personal honor and dignity of the victim, and on other groups of social relations, and it is the latter that are the main direct object of the criminal offense. In the crime provided for in Art. 435-1 of the Criminal Code, they can recognize relations that ensure the authority of the military service or even the basis of national security of the state. But the established order of military service is not such an object, in addition, subjects who commit insults to military personnel, in practice, are recognized as any persons who have the general characteristics defined in Part 1 of Art. 18 of the Criminal Code, which contradicts Part 2 of Art. 401 of the Criminal Code. Therefore, we propose to exclude Art. 435-1 from Chapter XIX of the Special Part of the Criminal Code and transfer this legislative provision to one of the other chapters of the Special Part (Chapter I or Chapter XV with an expansion of its name).
Certain issues of substituting the life imprisonment punishment with more lenient one
Authors: Kryklyvets D.
Published: April 2023

The article deals with the problematic issues of substituting the life imprisonment punishment with more lenient one. It is stated that before being recently amended, the Criminal Code of Ukraine did not foresee the possibility of such substitution, so that the life convicts could be exempted from the further serving the punishment because of the illness or being pardoned. According to new Part 5 of Article 82 of the CC of Ukraine, a punishment of life imprisonment may be substituted by a punishment of imprisonment for a term of fifteen to twenty years, if the convict has served at least fifteen years of the punishment imposed by the court. If one analyzes this provision from the point of view of the arguments set forth in the decision of the European Court of Human Rights in the case "Petukhov v. Ukraine (No. 2)" and draw parallels between the procedures of pardoning and substituting the punishment of life imprisonment with more lenient one, then a similar question will arise: are at least fifteen years of the sentence imposed by the court and served by the convict included in the term of the punishment in the form of imprisonment, assigned in the order of substitution for a term of fifteen to twenty years? The article presents a number of arguments in favor of a negative answer to this question. In particular, it is stated that the term during which the punishment in the form of life imprisonment was actually served is taken into account as one continuous term, and is taken into account only once as a condition for substituting the punishment. As well, the author comes to the conclusion about the impossibility of partial counting of the term during which the person served the punishment of life imprisonment (that is, in the part that exceeds the established in Part 5 of Article 82 of the CC of Ukraine minimum required for the substitution the fifteen-year term) into the term of imprisonment appointed in the order of substitution. Firstly, the criminal law does not establish the criteria for such splitting of terms, and secondly, then the procedure of life imprisonment substituting can create significant prerequisites for abuses during its implementation. The court cannot retrospectively assess which term of actual serving the punishment is sufficient, but shall assess it at the very moment of considering the motion for substituting the punishment.
The subjective features of minors’ corruption: discussion issues
Authors: Pysmenska O.
Published: April 2023

The article under consideration focuses on discussing issues regarding the subject’s features and the subjective side (subjective features) of the composition of the criminal offense under Art. 156 of the Criminal Code of Ukraine (“Corruption of minors”). The range of these issues is determined, and the author’s position is offered about approaches to their academic solution.

The following issues related to the subjective signs of minors’ corruption are recognized as the most debatable today: 1) is the subject of the minors’ corruption general? 2) at what age does criminal responsibility for the corruption of minors come? 3) who is the subject of the corruption of minors? 4) what is the content of guilt as a sign of the subjective side of the corruption of minors? Finally, 5) what is the attitude of the subject of debauchery to the age of the victim?

The search for answers to the raised issues made it possible to conclude the need to clearly define in the Criminal Code of Ukraine the age at which criminal responsibility for the minors’ corruption can come (only an adult is capable of realizing the social meaning of such behavior as debauchery with a person who has not reached the age of sixteen).

The specificity of the mental attitude of a person who commits minors’ corruption is established, which is characterized by the existence of the following signs: 1) awareness of the socially dangerous nature of the committed act (intellectual signs of direct intent); 2) foreseeing the occurrence of significant harm to the normal sexual development of minors and the desire for this harm to occur (volitional signs of direct intent).

In order to eliminate the basis for discussions about the content of the mental attitude of the offender to the age of the victim, it is suggested to use already available experience in the criminal law (see, for example, clause 2, part 2 of Art. 115 of the Criminal Code of Ukraine) and to designate the awareness of the age of the victim. Because of this, a proposal is made to set out Part 1 of Art. 156 of the Criminal Code of Ukraine in this version: “Commitment of corruption of minors against a person who is known to the perpetrator to have not reached the age of sixteen.”
Features of pre-trial investigation of crimes against sexual integrity of children, committed in conditions of armed conflict
Authors: Popov G.
Published: April 2023

The relevance of the article is due to the fact that many children have been taken out of the country since the beginning of the full-scale invasion, and the purpose of the people who facilitated their movement across the state border was not always good.

Also, today our law enforcement and judicial system does not have access to the temporarily occupied territories, which contributes to the commission of crimes related to the violation of sexual freedom and integrity.

The purpose of the article is to develop recommendations for optimizing the pre-trial investigation of crimes against the sexual integrity of children committed in the context of armed conflict.

When gathering evidence in proceedings related to sexual violence related to armed conflict, one should take into account the obstacles that may stand in the way during: inspection of the scene of the incident (based on objective circumstances, it may be impossible to reach and conduct an inspection of the scene of the incident due to its destruction, location in the temporarily occupied territory or in the combat zone); interrogation of witnesses and victims (the whereabouts of witnesses may be unknown or they may be out of reach (go abroad or to another area); the victim may be depressed, refuse to testify due to despair that the offender will be punished , or because of the fear of his revenge; the interrogation of minors or juvenile victims and witnesses may be complicated due to the impossibility of fulfilling the requirements of Article 226 of the Criminal Procedure Code of Ukraine and applying the "Green Room" technique); taking readings of technical devices and technical means that have the functions of photo, film, video recording, or photo, film, video recording; obtaining samples for examination (a long time may pass from the moment of sexual violence, in connection with which, in particular, traces of biological origin may be destroyed).

It is concluded that sexual violence against children is covered by the concept of "violation of the laws and customs of war" and can be qualified under Art. 438 of the Criminal Code of Ukraine with mandatory consideration of the provisions of international humanitarian law.

It is also important to consider the obstacles that may stand in the way of bringing to justice persons who are reasonably suspected of committing crimes of the specified category.
Legal incentives to combat arms and ammunition smuggling
Authors: Tymoshenko O.
Published: April 2023

The article states that arms and ammunition smuggling is one of the most serious threats to society's security. Illicit trade in arms and ammunition can lead to acts of terrorism, crime and international instability. One way to combat arms and ammunition smuggling is to establish legal incentives to prevent this phenomenon. One of the most effective methods of combating the smuggling of weapons and ammunition is to establish strong legal incentives to help prevent the trade of these dangerous goods. National legislation should ensure proper procedures, control and accountability for violations of the law. Establishing stiff penalties and other sanctions can help reduce the number of cases of arms and ammunition smuggling.

Arms and ammunition smuggling poses a serious threat to security and international stability. States and international organizations are making significant efforts to counter this phenomenon. One effective tool to combat arms smuggling is the creation of legal incentives to enforce laws, regulate the circulation and storage of weapons and ammunition.

The use of innovative methods, such as artificial intelligence, blockchain technology and others, in combating the smuggling of weapons and ammunition is an important legal incentive.

In addition, there is a need to change the legislation to ensure more effective regulation of the circulation and storage of weapons and ammunition. This includes the regulation of production, import, export, transit, storage and transportation of weapons and ammunition. To achieve this goal, states must change or supplement their legislation and standards at the international level. Thus, arms and ammunition smuggling is a serious threat to national security and global stability. One of the most effective methods of combating arms and ammunition smuggling is the establishment of strong legal incentives that will help prevent trade in these dangerous goods. National legislation should ensure proper procedures, control and accountability for violations of the law. Establishing stiff penalties and other sanctions can help reduce the number of cases of arms and ammunition smuggling.
The current state of development of molecular genetics expertise is Ukraine
Authors: Davydiuk P. , Peleshok І. , Yakymchuk M.
Published: April 2023

The article analyzes the concepts and features of molecular genetics examination; in particular, the cases of its application during the martial law in Ukraine are identified. The analysis of scientific sources helped clarify the definition of the concept of "molecular genetics examination" as a type of forensic biological examination, which is engaged in the study of objects of human biological origin in order to establish their genetic characteristics. In particular, the work states that normative and legal regulation is carried out by a number of legislative acts, namely the Laws of Ukraine "On Forensic Expertise", "On Protection of Personal Data", the Civil Code of Ukraine, the Criminal Code of Ukraine, the Family Code of Ukraine, etc. and other by-laws. The analysis of these documents allowed us to state that there are gaps in our legislation in the form of the absence of a single normative act that would contain norms and rules regarding the process of molecular genetics examination. The object of molecular genetics examination is human DNA, namely the acids contained in the cell nucleus, this phenomenon is called nuclear DNA; acids that are in the mitochondria of cells - mitochondrial DNA. The work focuses on the fact that with the beginning of hostilities on the territory of Ukraine, the need for molecular genetics examination has increased significantly, because many soldiers and civilians who died cannot be identified due to a number of reasons: torture, murder etc. It should be noted that the bodies are distorted to such a state that it is difficult to recognize them independently, which is why experts are asked to conduct a molecular genetics examination. The article also presents examples of the use of molecular genetics examination during the full-scale war of the Russian Federation against Ukraine. It should be noted that in the period of hostilities, thanks to this type of examination, relatives are able to recognize and say goodbye to their loved ones who died in the war.
Legal provisions of information and communication component of electronic commerce in accordance with the law of Ukraine "On electronic communications"
Authors: Marchenko V.
Published: April 2023

The article examines the relationship between legal regulations of electronic commerce and electronic communications from the point of view of ensuring the information and communication component of electronic commerce. Changes in the legal status of intermediate service providers in e-commerce have been identified. A conclusion is made about the certain influence of the Law of Ukraine "On Electronic Communications" on the legal support of the information and communication component of electronic commerce.

According to the Law on Electronic Communications, the configuration of subjects of such communications has undergone changes. In order to provide services of an intermediate nature in the context of the information and communication component of e-commerce, such entities have identified providers of electronic communication services. The terminological definitions of the Law "On Electronic Communications" suffer from tautology, and accordingly, weak legal certainty, as well as cumbersomeness. In connection with this, we consider it expedient, in parallel with the normative terms, to keep in scientific circulation, in particular, the term "providers" - to denote providers of electronic communication services. In our opinion, the removal of providers of electronic communication networks (operators) from the list of intermediate service providers in the Law on Electronic Commerce has a purely nominal value, because in the context of the legal regulation of electronic commerce, the functions of providers, not operators, but of providers of electronic communication services. And precisely in terms of providing these information and communication functions, the Law on Electronic Communications for the first time establishes for consumers quantitative and qualitative guarantees sufficient for the realization of the right to perform transactions in the field of electronic commerce in a fixed place. Today, merchants increasingly conduct their business electronic communications through various types of Internet messengers. The lack of normative regulation of this issue leads to numerous legal disputes, in which it is difficult for courts to develop a single universal approach. Therefore, the problem of using software applications such as Skype, Telegram, Viber, WhatsApp, etc. in electronic and commercial communications remains urgent and requires regulatory regulation.
Digital economy as a legislative term: problematic issues of the formation of the conceptual apparatus
Authors: Fursa S. , Fursa E.
Published: April 2023

The article is devoted to the study of such a phenomenon as "digital economy" and is determined by an attempt to understand complex modern economic and legal trends, which are caused by the progressive development of technical and economic relations throughout the world and are characterized by the emergence of many new concepts that significantly enrich the vocabulary of specialists. But it should be noted that this is not a simple appearance of new words, but the latter are gradually turning into normative terms, the essence of which should be understood by both specialists and ordinary citizens, and they should be fixed at the legislative level with a certain meaning, in particular, in special legislation. Thus, the appearance of the term "digital technologies" is gaining more and more popularity and expanding its application, giving rise to more and more new concepts and terms, including the digital economy.

At the same time, with all the imbalance of modern legislation of Ukraine, legal terminology needs precision in defining concepts and their application with a single meaning. Therefore, this scientific article is devoted to the justification of the activities of legislative bodies and the emphasis is placed on the fact that it is not necessary to quickly create normative acts, apply new terminology and promote such terms as "digital competence" for all persons, since it is first necessary to decide what special knowledge is needed which sectors of the population, specialists and which areas in the digital economy the state should give priority and support to.

For this purpose, we will analyze various regulatory acts of various departments, analyze dictionaries, which reveal certain terms related to the digital economy, and in particular this term, and express an opinion on how these terms and concepts are consistent with each other. And also analyzed, adopted by the European Parliament and the Council of the EU on May 22, 2018, the Framework program of updated key competences for lifelong learning (2018/C 189/01), in which "digital competence is recognized as one of the eight key competences for a fulfilling life and activity EU citizens".
The role of the escrow account agreement in the squeeze-out procedure
Authors: Shpuganych І.
Published: April 2023

The article is devoted to the analysis of an escrow agreement. The legal regulation of this contract is determined in the Civil Code of Ukraine. The specified contractual construction is also applied within the squeeze-out procedure, i.e. the mandatory sale of shares by shareholders at the request of a person (persons acting jointly) who is the owner of a dominant controlling block of shares. The research argues that the norms of the Law of Ukraine "On Joint Stock Companies" contain separate provisions regarding the escrow account and are essentially special in relation to the prescriptions of the Civil Code of Ukraine.

It was established that the parties to the escrow agreement are the account holder, the beneficiary and the bank. Within the squeeze-out procedure defined by Art. 95 of the Law of Ukraine "On Joint-Stock Companies", the owner of the escrow account is the applicant of the public irrevocable claim, while the shareholders whose shares are subject to redemption are the beneficiaries and have the right to receive funds from the escrow account. Beneficiaries under the escrow agreement may also be the legal assignees of such shareholders or other persons who, in accordance with the law, has the right to receive funds. It is substantiated that in the analyzed contractual structure the bank performs the role of an independent party, an escrow agent trusted by both parties.

It is emphasized that the moment of opening an escrow account in the squeeze-out procedure and the term of depositing funds into it are clearly separated at the legislative level. The second one is closely related to the time limit for submitting a competing claim specified by the Law. The advantages and disadvantages of using this approach in national legislation are characterized.

The changes that have taken place in the national legislation regarding the escrow agreement in connection with the adoption of the Law of Ukraine "On Joint Stock Companies" in 2022 have been analyzed. Attention has been drawn to the increase of the period during which the bank, in which the escrow account is opened, is obliged to make payments to the beneficiaries due to them.
Euro-integration legislation of Ukraine on the materials and articles, intended to come into con-tact with food in the context of food safety and food security
Authors: Burylo Yu.
Published: April 2023

In recent years, Ukraine has been working hard to bring its food legislation in correspondence with the relevant EU law. The most recent development in this area of legislation has been the adoption of the law governing the production, distribution and use of materials and articles, intended for contact with foodstuffs.

The article deals with the novel requirements of this law regarding materials and articles intended for contact with foodstuffs from the perspective of ensuring the food safety as well as ensuring food security. At the same time, an attempt is made to establish the correlation between the concepts of food safety and food security.

First of all, the general requirements of the law aimed at preventing the migration of chemicals from contact materials and articles into food are analyzed. In addition, the article addresses the mechanism of establishing special requirements, in particular purity standards, general and specific migration limits for chemicals, etc. with regards to certain groups of contact materials and articles, such as active and intelligent materials and articles, adhesives, plastic, printing inks, regenerated cellulose, varnishes and coatings, etc.

The authorization mechanism for substances and plastic recycling processes used in the production of materials and articles intended for contact with foodstuffs is analyzed. The requirements of the law regarding the declaration of compliance with the established requirements for materials and articles intended for contact with foodstuffs are also examined.

In conclusion, it is noted that the adoption of the European integration legislation on contact materials and articles is primarily aimed at ensuring food safety, although it also indirectly contributes to food security. At the same time, the application of certain methods of state regulation set out in the new legislation requires striking a delicate balance between achieving the goals of food safety and food security.
Objective composition of the legal regime of animal quarantine
Authors: Yermolenko V. , Slauta G.
Published: April 2023

The article examines the peculiarities of the object composition of the legal regime of animal quarantine. An important feature of the legal regime of animal quarantine has been established, which is the absence of a single clearly defined object. Such a property can be conventionally called multi-object, and the object is a multi-object, where the main object of the legal regime of animal quarantine is directly the epizootic, the derivative is the animal carriers of epizootics, and the general one is the quarantine territory as the carrier of the quarantine regime. Each of the listed objects has been considered. At the same time, it was established that the formation of a list of particularly dangerous animal diseases belongs to the competence of anti-epizootic bodies, and its definition is characterized by the corresponding transmissibility, when at the international level the list of such diseases that cause epizootics is compiled by the International Epizootic Bureau, and at the national level by each of the participating countries The Ministry of Internal Affairs and Communications creates its own list of quarantine diseases specific to its territory. Attention is focused on the derived object, which recognizes animals as living beings different from humans, endowed with material signs of heterotrophy (feeding on ready-made organic compounds), mobile activity, metabolism, the presence of functional organ systems, the nervous system and feelings. the most general level of objects of the legal quarantine regime is the quarantine territory. It was established that the quarantine zone is generic, and the buffer, infected, and surveillance zone are species concepts, which at first glance looks quite acceptable. Difficulties arise when clarifying the essence and content of these specific categories, because their definition is carried out through the concept that is being defined. That is, buffer, infected, and surveillance zones are determined directly through the general concept of the zone, which complicates their perception, because it requires constant reference to the content of the original general concept. At the same time, the current veterinary legislation does not use the term «territory» to denote quarantine areas, operating with the concepts of quarantine zones. It was established that the belonging of animals to agricultural, domestic and wild causes different features of their quarantine regime.
Regarding the concept of employment contract as the basis for the emergence of employment legal relationships
Authors: Bilokha A.
Published: April 2023

The article is devoted to a comprehensive analysis of the concept of an employment contract as a basis for the emergence of labor relations, which characterize the interest and degree of will of the parties to such legal relations. Since the employment contract occupies a central place in the system of labor law, it regulates the will of the parties who conclude it. However, currently the provisions on the employment contract, labor relations arising from such a contract are enshrined in a rather old, in the opinion of the author, normative legal act, which causes the emergence of various approaches in the interpretation of the specific concept of the employment contract. The author considered the concept of an employment contract in accordance with the first part of Article 21 of the Labor Code (hereinafter - the Labor Code of Ukraine), Article 31 of the 2019 draft Labor Code of Ukraine. It was concluded that the concept of an employment contract according to Article 31 of the draft Labor Code of 2019 is more complete and relevant in relation to the definition regulated by the first part of Article 21 of the Labor Code of Ukraine at this stage of the development of legal science and legislation in Ukraine. Exactly in this definition of the concept of an employment contract that the employer's obligation to provide the employee with work and the employee's obligation to personally perform work in the employer's interests appear. Different views of legal scholars on this issue were analyzed and the features of this concept proposed by scientists were investigated. The author outlines the main features of an employment contract, among which it is worth highlighting: the will of the parties, timeliness, compliance with the written form, the extension of guarantees and benefits to the employee, etc. The article defines the moment of the emergence of labor relations, because, according to the author, it is not the same as the moment of concluding an employment contract, and therefore this issue deserves a more detailed consideration. The author also defined the classification and listed the types of employment contracts according to the following standards: according to the time criterion, open-ended, fixed-term employment contracts and contracts concluded for the duration of work are distinguished; according to the form of agreement, they are divided into oral and written; according to the form of labor organization, it is possible to distinguish a contract on out-work, a contract on remote work, an employment contract with non-fixed working hours, etc., and part three of Article 21 of the Labor Code of Ukraine provides for a special form of employment contract - a contract.
The content of the unity of the legal regulation of the work of notaries
Authors: Merkulov P.
Published: April 2023

The article emphasizes that the issue of unity and differentiation of the legal regulation of the work of notaries was practically not raised by scientists, despite the fact that during the independence of Ukraine, the notary has undergone significant changes: the requirements for notaries, the requirements for the protection of their labor and social rights, the requirements for committing notarial actions, new challenges of the time appeared that were not characteristic of Ukraine before: the COVID-19 pandemic, Russia's armed attack on Ukraine etc. The scientists also emphasized that the issue of the unity of legal labor regulation arises precisely in relation to the notary, since the legal status of this category of employees is not sufficiently researched, and there is also no clear understanding of what is common and what is different in the legal regulation of the labor of notaries and other employees , which norms are key in the implementation of such regulation, in which legal relations is a general norm, and in which a special norm, etc. It is noted that the essence of the unity of legal regulation should be considered in close relationship with the differentiation of legal regulation, since unity and differentiation are interdependent concepts that cannot exist separately. The author analyzed scientific approaches to understanding the concept of "unity", considered the main provisions of the Labor Code of Ukraine as a general act of labor legislation and its impact on the work of notaries.

The scientist identified the main provisions that characterize the unity of the legal regulation of the work of notaries: 1) universality on the universality of labor law norms; 2) provision of a unified approach to the regulation of labor relations of notaries, regardless of their type; 3) unity determines the minimum and general level of labor rights of employees, which also apply to the work of notaries; 4) unity is characterized by an impact on all employees, regardless of the scope of work, the nature of the performed labor functions of employees and their remuneration.
Establishing the fact of labor relations in court
Authors: Andrushko A.
Published: April 2023

In the field of labor law, the establishment of the fact of labor relations in court is investigated. It is emphasized that the importance of establishing the fact of labor relations lies in the fact that, in its presence, grounds are created for the employee to exercise labor rights, in particular to wages, guarantee, compensation and other social benefits, including benefits related to temporary disability, unfortunate accident at work or occupational disease, etc. Attention is drawn to the fact that in establishing the fact of labor relations, it should be taken into account that between an individual and a business entity, relations regarding the performance of work can arise both on the basis of an employment contract and on the basis of a civil law contract, at the same time, this depends on the nature of work. The theoretical research is conducted taking into account the optimization of labor legislation, that is, finding the best option, finding the optimal model for establishing the fact of labor relations, taking into account the martial law and adapting labor legislation to the standards of the European Union. It is emphasized that in order to avoid disputes about establishing the fact of labor relations, the employer, having a choice to enter into a civil or labor contract, must clearly delimit the scope of application of these contracts and compare it with the work for which the employee is hired. The actions of employers regarding providing employment contracts with the content of a civil law contract, failure to formalize labor relations with an employee who performed work without concluding an employment contract, hinder the realization of the employee's right to work, guaranteed by the Constitution of Ukraine and the Labor Code of Ukraine, as well as the right to social protection in case of unemployment, in case of temporary loss of working capacity, in the event of an accident at work or as a result of an occupational disease, the right to rest, annual paid vacations, the right to healthy and safe working conditions, the right to join trade unions, etc.
The place of the prosecutor's office among state authorities: conceptual approaches
Authors: Byelov D. , Shved І.
Published: April 2023

It is indicated that in recent years, the issue of ensuring human rights has become especially relevant for domestic legal science, primarily because during this period the foreign policy conditions of our state's existence have become significantly more complicated, which has led to internal problems (the attack of the Russian Federation on the territory of independent Ukraine). Thus, in the modern socio-economic and political conditions of the functioning of our state, the problems of ensuring its security become particularly acute. Article 17 of the Constitution of Ukraine states that the provision of human rights and state security and the protection of the state border of Ukraine are entrusted to the relevant military formations and law enforcement agencies of the state, the organization and procedure of which are determined by law. Therefore, ensuring the security of the state is regulated at the legislative level and is carried out by specially authorized entities. Thus, from the point of view of constitutional law, it is important to study the status of the prosecutor's office in interaction with other state authorities, however, from the point of view of the theory of constitutional security, we turn to the most important tasks of maintaining domestic stability, constitutional security, and observing the foundations of the constitutional system of Ukraine.

The authors note that the "classical" branches of state power - legislative, executive and judicial - represent a single state power and its division, do not exclude the possibility of the existence of other functionally independent legal institutions, their existence is determined by the real needs of building a rule of law and the state-legal life of society in a certain specific period, the need for democratic forms of control of various bodies of all branches of government in cases where their activities do not correspond to the principles and provisions of the Constitution of Ukraine. Of course, it is positive to determine that the main task of the prosecutor's office is to involve it in the process of administering justice. The Prosecutor's Office should contribute to the administration of justice by implementing the functions defined by the Constitution of Ukraine and the Law, to ensure the balance of the interests of the person, society and the state. Despite this, and taking into account the above, in our opinion, we consider the exclusion of the section "Prosecutor's Office" from the Constitution of Ukraine and the inclusion of norms establishing the status of the prosecutor's office in the section "Justice" as a positive step on the way to reforming the constitutional system of the state, because it is "harsh" determines the place of the prosecutor's office among other state authorities, due to the inclusion of the prosecutor's office in the justice system of our country.
On the issue of medical support and sanatorium-resort treatment for employees of the National Police of Ukraine
Authors: Vapnyarchuk N.
Published: April 2023

The article examines the peculiarities of medical support and sanatorium-resort treatment of employees of the National Police of Ukraine. It is noted that police officers occupy a prominent place among subjects who currently need social protection, which is due to the specific tasks and functions assigned to them, the main of which is ensuring the rights and freedoms of citizens, as well as maintaining the appropriate level of law and order in the country And that is why the issue of medical care and sanatorium-resort treatment for employees of the National Police of Ukraine is quite acute, the proper level of which is an important factor that affects the choice of a future profession, where a person, risking his own life, must count on the provision of timely medical assistance in case of incapacity. It is proposed to understand the medical support of police officers as a set of measures provided for at the regulatory and legal level, applied in the system of the National Police of Ukraine and aimed at preserving human life, restoring health, providing full and timely medical care, preventing the occurrence of various diseases, preserving and restoring psychological health of police officers and their rehabilitation. It was established that the specifics of medical care and sanatorium-resort treatment for employees of the National Police of Ukraine are as follows: (1) more pronounced social protection compared to ordinary citizens; (2) the importance of medical care is established by a number of regulatory and legal acts; (3) applies both to active employees of the National Police of Ukraine and to other categories of persons whose list is clearly defined at the legislative level; (4) availability of special bodies regarding medical support and sanatorium-resort treatment of the National Police of Ukraine and their families. Attention is drawn to the role of the state in providing police officers with quality medical care, so that it meets international legal standards. In particular, a comprehensive approach to the implementation of medical support should be applied to the employees of the National Police of Ukraine, which will contribute to the recovery of employees of this service, increase their level of work capacity and ensure confidence in the future with proper medical care and rehabilitation.
International experience of organizing information and analytical activities: trends in regulatory and legal cooperation of Ukraine and foreign countries
Authors: Adamovsky V. , Semenyuk-Prybaten A.
Published: April 2023

The article is devoted to the problems of information and analytical activity through the prism of regulatory and legal cooperation between Ukraine and foreign countries. The article defines information and analytical support as one of the main elements of the organization of the system of state authorities. This activity is reduced, firstly, to information and research work aimed at supporting operative and investigative activities, and secondly, to analytical work aimed at supporting strategic decision-making in this area and coordinating the activities of these bodies. Emphasis is placed on the fact that analytical activity has increased attention to the protection of personal data. The personal nature of certain types of information, as well as the use of privacy-intrusive methods to obtain them, place particular importance on surveillance mechanisms and measures to ensure security. The development of information technologies led to a new need for personal data protection. It is noted that analytical work is one of the main elements of the process of cognition, which is carried out in the process of solving the tasks of state authorities. Analytical work makes it possible, by processing certain unfinished information, to obtain knowledge on the basis of which appropriate decisions can be made. At the same time, a necessary condition for the effective performance of analytical measures is the availability of an appropriate information system. It was concluded that the national information and analytical system cannot be recognized as full-fledged, intended for analytical support of the activities of state authorities, without an international legal system of regulation of personal data. The solution to the considered problem can be the practical implementation of an information and analytical system, which includes a set of modern information technologies in the field of analytical data processing, the use of artificial intelligence subsystems, which make it possible to compare and analyze information on the basis of multi-component modules, predict the actions of persons and their locations possible location, give recommendations on the organization of activities of state authorities.