bluuebunny/crossref_metadata_2025 huggingface dataset:
Dreifðir fjármagnsmarkaðir á bálkakeðjum: Fjárfestavernd í viðskiptum með sýndareignir og snjallsamninga á stafrænum viðskiptavettvöngum
Authors: Ágústsson Þorvarður A.
Published: August 2023

Í greininni er farið yfir viðskiptahætti á dreifðum fjármagnsmörkuðum með svokallaðar sýndareignir á bálkakeðjum og hvaða reglur gildi um slíkar fjárfestingar samkvæmt íslenskum rétti. Hugtökin sýndareign, rafmyntir og tókar eru skilgreind og leitast er við að útskýra hvernig hefðbundnum lagaákvæðum og meginreglum laga verði beitt í viðskiptum sem eiga sér stað í gegnum snjallsamninga. Höfundur útskýrir hvaða meginreglur kunni að tryggja vissa fjárfestavernd þegar lögfestum reglum sleppir og undir hvaða kringumstæðum sýndareignir kunni að vera skilgreindar sem fjármálagerningar og falla undir samevrópskt regluverk um fjármálamarkaði, þ. á m. lög nr. 115/2021 um markaði fyrir fjármálagerninga. Stiklað er á stóru yfir þær undanþágur sem veittar hafa verið frá gildandi fjármálaregluverki í Evrópu samkvæmt DLT reglugerðinni og hvers lags breytinga megi vænta við gildistöku MiCA reglugerðarinnar sem búist er við að verði innleidd hér á landi í kjölfarið.

This paper provides a comprehensive overview of the rules governing investment in crypto assets, through various exchanges, under Icelandic law. The objective is to provide insight into how general principles of law can be applied to transactions performed through the use of smart contracts and how investor protection can be enforced on decentralized capital markets that are emerging through the use of blockchain technology. This paper further explains the criteria and the circumstances under which a crypto asset may be considered a financial instrument under Act no. 115/2021 on Markets in Financial Instruments and thus subject to the European regulatory regime for financial markets. The paper further outlines exemptions from such financial regulations provided under the DLT regulation and how the MiCA regulation will increase investor protection and aim to preserve the integrity of the market.
Reglur um hagsmunaárekstra og skipulagskröfur
Authors: Jónasson Aðalsteinn E. , Bergþórsson Andri Fannar
Published: August 2023

Markmiðið með þessari grein er að fjalla um þær kröfur sem lög um markaði fyrir fjármálagerninga (MiFID-lögin) gera til verðbréfafyrirtækja um hagsmunaárekstra. Lögin, sem tóku gildi 1. september 2021, innleiddu í íslenskan rétt svokallað MiFID II/MiFIR-regluverk, en það er í formi tveggja rammagerða frá 2014, annars vegar tilskipunar um markaði fyrir fjármálagerninga (MiFID II) og hins vegar reglugerðar um markaði fyrir fjármálagerninga (MiFIR). Gerð er grein fyrir þeim dómi Hæstaréttar þar sem reynt hefur á eldri reglur um sama efni en dómurinn hefur enn fordæmisgildi þar sem kjarni reglnanna breyttist ekki við gildistöku laganna. Jafnframt er vikið að stjórnsýslumálum þar sem reynt hefur á reglurnar hjá Fjármálaeftirliti Seðlabankans (Fjármálaeftirlitið).

The aim of this article is to discuss the requirements in Act No. 115/2021 on Markets for Financial Instruments (MiFID-Act) on conflicts of interest in investment firms. The Act entered into force 1 September 2021, but the Act introduced two EEA acts, a directive (MiFID II) and a regulation (MiFIR). In the article a judgment from the Supreme Court of Iceland is discussed, along with couple of cases from the Central Bank of Iceland.
Preliminary study on yam cultivation at Jashore: A case study
Authors: Hajong Pradip , Ghosh Anup
Published: August 2023

A preliminary study was conducted to estimate cost and return analysis on yam cultivation at Gaidghat of Bagharpara upazila of Jashore from February to March 2021. The average yam cultivation area was 0.12 ha in the study area. Different types of yam were cultivated in the study area, which had excellent local names, such as LalJhupi, KaloJhupi, Gorai, Lalteer, Altapat, Munshi, etc. Yam seed was shown from April to May and harvested from December to March. Most of the farmers planted yam seeds in rows where plant to plant distance was 1.5-2.5 feet and line to line distance was 2-3 feet. Average number of plants per hectare was 17023 nos., and the seed required 851 kg ha-1. The total cost of yam production was Tk. 1,23,060 ha-1, where the variable cost was Tk. 69,579 ha-1 (56.54%) and fixed cost were Tk. 53,481 ha-1 (43.46%). Yield of yam tuber was 44.98 ton ha-1, and seed yam was 2.05 ton ha-1. Gross return was Tk. 1,75,097 ha-1, gross margin was Tk. 1,05,518 ha-1 and the net return was Tk. 52,037 ha-1. The benefit cost ratio was 2.52, which means it's a profitable crop. Some disease organisms like fungi, viruses, and mites affect yam.
Int. J. Agril. Res. Innov. Tech. 13(1): 72-76, June 2023
LITERASI KEUANGAN DAN MANAJEMEN KEUANGAN PRIBADI MAHASISWA DI PROVINSI BENGKULU
Authors: Afandy Chairil , Niangsih Febrilianty Fransiska
Published: August 2023

This study aims to describe and reveal the effect of financial literacy on the personal financial management of college students in the Province of Bengkulu. The population in this study was all college students in the Province of Bengkulu, with 339 as respondents. The sampling technique used in this research is quota sampling. The data used in the study are primary data obtained through online questionnaires. This research shows that college students in the Province of Bengkulu tend to have low financial literacy levels. While this study also found that college students' personal financial management in Bengkulu Province could be said to be good. The result reveals that financial literacy affects personal finance management among college students in the Province of Bengkulu.
Pengaruh Perencanaan Penganggaran dan E-Procurement terhadap Penyerapan Anggaran
Authors: Frankoe Ade , Kamaludin Kamaludin , Fadli Fadli
Published: August 2023

The purpose of this study was to determine the effect of planning and procurement of goods and services on the absorption of the Regional Budget. The data used in this study are primary data obtained from the results of distributing questionnaires in Bangka Belitung and Lampung provinces. Number of samples is 192 respondents from 66 the Local Government Organizations of Bangka Belitung and Lampung Provinces. The data analysis method used is descriptive analysis and regression analysis. The results obtained are: (1) Budget planning has a positive and significant effect on budget absorption in Lampung Province and Bangka Belitung Province. This result means that the more planned the activity budget in each SKPD / OPD, the higher the absorption of the budget; and (2) E-Procurement has a positive and significant effect on budget absorption in Lampung Province and Bangka Belitung Province. This result means that the better the implementation of e-procurement (procurement of goods and services) in each SKPD / OPD, the higher the budget absorption.
GOVERNMENT INTERNAL CONTROL SYSTEM IMPLEMENTATION IN Dr. M. YUNUS GENERAL HOSPITAL BENGKULU
Authors: Padli Padli , Fareke Fahrudin JS , Susetyo Sugeng
Published: August 2023

The purpose of this research is to knew government internal control system implementation in Dr. M. Yunus general hospital Bengkulu. This research is a descriptive research. The population of this study is 42 people. The sample of this study was taken by census method. Data analysis in this research use descriptive statistic method. The results showed that the environment control dimension in government internal control system is accordance with government regulation number 60 year 2008, risk assessment and control activities dimensions are not fully accordance with government regulation number 60 year 2008, communication and information dimensions in accordance with government regulation number 60 Year 2008, and the internal control monitoring dimensions is accordance with government regulation number 60 year 2008. Suggestion for Dr. M. Yunus general hospital Bengkulu is to improve the realization of the role of effective internal government oversight apparatus, improve the risk assessment not maximal, especially on risk assessment in the workplace in accordance with government regulation number 60 year 2008. Improving and able to establish and review on performance indicators and measures in accordance with government regulation number 60 Year 2008, maintaining and improving communication and information that has been in accordance with government regulation number 60 year 2008 by utilizing various existing communication means and improving monitoring that has not been maximally monitored by conducting continuous monitoring in accordance with government regulation number 60 year 2008.
PENGARUH GREEN MARKETING STRATEGY DAN CELEBRITY ENDORSER TERHADAP KEPUTUSAN PEMBELIAN PRODUK THE BODY SHOP DI PALEMBANG
Authors: Vinenzia Virgin , Wahab Zakaria , Widiyanti Marlina , Shihab Muchsin Saggaf
Published: August 2023

Penelitian ini dilakukan bertujuan untuk mengetahui pengaruh green marketing strategy dan celebrity endorser terhadap keputusan pembelian produk The Body Shop di Palembang. Populasi dalam penelitian ini adalah masyarakat Kota Palembang pada tahun 2021 yang berbelanja di The Body Shop Palembang. Sampel dalam penelitian ini sebanyak 100 responden yang merupakan pelanggan The Body Shop Palembang tahun 2021 dengan menggunakan teknik non probability sampling. Hasil dari analisis regresi linier berganda menunjukkan bahwa green marketing strategy berpengaruh positif dan signifikan terhadap keputusan pembelian produk The Body Shop di kota Palembang. Celebrity endorser berpengaruh positif dan signifikan terhadap keputusan pembelian produk The Body Shop di kota Palembang. Pada variabel green marketing strategy, sebaiknya The Body Shop lebih meningkatkan dalam pemberian informasi dalam kandungan produk dengan lebih detail jika nama produk tersebut masih susah dimengerti oleh banyak konsumen. Pada variabel celebrity endorser perlu adanya penambahan brand ambassador seperti artis-artis yang lebih terkenal di televisi. Tasya Farasya yang sebagai selebgram dan beauty vlogger yang hanya diketahui oleh kaum-kaum milenial membuat tidak bisa seluruh masyarakat mengenalnya.
ANALISIS TINDAK TUTUR DIREKTIF DIALEK BAHASA NIAS DALAM KAJIAN PRAGMATIK
Authors: Mendrofa Nopi Putri Nasari , Bawamenewi Arozatulo
Published: August 2023

Tindak tutur direktif (Impositif) adalah tindak tutur yang dilakukan oleh penuturnya dengan maksud agar mitra tutur atau lawan tutur (petutur) melakukan tindakan seperti yang dituturkan. Bahasa Nias atau Li Niha adalah bahasa yang dipergunakan oleh masyarakat yang tinggal di Pulau Nias maupun masyarakat Nias yang tinggal di perantauan. Penelitian ini bertujuan untuk mendeskripsikan perbedaan tindak tutur direktif dialek bahasa Nias yakni; dialek Nias Utara dan Nias Selatan khususnya bahasa Kabupaten Nias, bahasa Kabupaten Nias Barat dan bahasa Kabupaten Nias Selatan dalam kajian pragmatik. Penelitian ini menggunakan pendekatan kualitatif dengan jenis penelitian metode etnografi melalui teknik observasi, wawancara, simak, catat, dan rekam serta pendekatan sosiolinguistik dengan metode deskriptif. Sumber data dalam penelitian ini adalah sumber data primer, yakni dikumpulkan dengan cara datang langsung ke lapangan atau di setiap daerah tempat penelitian, kemudian melakukan wawancara kepada informan di lokasi tersebut sesuai dengan daftar pertanyaan yang telah dipersiapkan sebelum terjun ke lapangan dan sumber data sekunder, yakni sumber tertulis seperti dokumen, kamus, majalah, dan dokumen lainnya mungkin memiliki perbedaan kecil dalam bahasa serta distribusi penggunaan bahasa. Selanjutnya, teknik dalam menganalisis data yang telah diperoleh dalam penelitian ini, yaitu: reduksi data, penyajian data, dan kesimpulan/verifikasi. Teknik wawancara yang dilakukan dalam penelitian ini menggunakan teknik heuristik dengan pola wawancara terstruktur dan semi terstruktur. Berdasarkan hasil penelitian diperoleh kesimpulan bahwa tindak tutur direktif dialek bahasa Nias dalam kajian pragmatik ditemukan jenis tindak tutur direktif memerintah, tindak tutur direktif memohon, tindak tutur direktif memesan, tindak tutur direktif menuntut, dan tindak tutur direktif memberi nasihat.
Kata kunci: pragmatik, tindak tutur direktif, bahasa Nias
Keanekaragaman Spesies Kupu-kupu di Gunung Jae Kabupaten Lombok Barat sebagai Materi Pengayaan Pelajaran Biologi SMA
Authors: Ulpa Maria , Ilhamdi Mohammad Liwa , Hadiprayitno Gito
Published: August 2023

Butterflies have important values for humans and the environment, such as ecological, aesthetic, educational, conservation, and cultural values. Mount Jae is a butterfly habitat located in Sedau Village, Narmada District, West Lombok Regency. This exploratory descriptive study aims to determine the diversity of butterfly species in Gunung Jae, West Lombok Regency as enrichment material for high school biology lessons. This research was conducted from March to April 2023. Data was collected using a survey method with a sweeping net technique and following two predetermined observation paths, namely the path of the lake by the rice fields and the path of the lake by the dam. In this study, the number of butterflies that were found was 381 individuals consisting of 22 species, 18 genera, and 5 families (Papilionidae, Nymphalidae, Pieridae, Lycaenidae, and Hesperiidae). The highest relative abundance found was from the Nymphalidae family (54.3%) and the lowest relative abundance was from the Papilionidae family (7.6%). Analysis of the species diversity index of butterflies used the Shannon-Wienner formula and obtained a species diversity index (H') value for all species of 2.946. The results of the validation show that booklets are very good for use as enrichment material in the learning process, with the percentage of media experts 98.1% and material experts 97.7% with a very valid validity category.
Experiência do processo de monitoria em disciplinas modulares com metodologia ativa
Authors: Varão João Vitor Lima , Coutinho Maria Clara , Araújo Nívea Carolina Tavares , Cavalcante Ramon , Silva Hengrid Graciely Nascimento
Published: August 2023

A monitoria remonta à Antiguidade Clássica, estando ligada à função de auxílio ao mestre, simplificação das aulas e controle disciplinar dos alunos. Somente na Idade Moderna é que a monitoria se associa ao ensino mútuo por meio do Método Lancaster – que privilegia o aluno mais adiantado para auxiliar outros, sob a orientação de um professor. Nesse sentido, o objetivo deste trabalho é demonstrar a importância do processo de monitoria no curso de medicina por meio do relato de experiência. Esse trabalho trata-se de um estudo descritivo, tipo relato de experiência, realizado na Faculdade Pitágoras Medicina de Codó, no período de outubro a novembro de 2022. Quatro acadêmicos do segundo período de medicina tornaram-se monitores do módulo “Circulação e Respiração” por meio de um processo seletivo e, após aprovação no processo, foram selecionados para monitorar os alunos do primeiro período da terceira turma de medicina da faculdade em questão. Durante o período de monitoria foi possível observar os benefícios da participação discente nas aulas da forma que o conteúdo foi melhor assimilado. Nessa atividade, observou-se que a monitoria facilitou o processo de ensino-aprendizagem dos acadêmicos de medicina no módulo apresentado, proporcionou ao monitor uma experiência de docência e ofertou aos acadêmicos uma formação de melhor qualidade no módulo descrito. Dessa forma, conclui-se que a aprendizagem ativa do programa de monitoria é propícia a ambientes de aprendizagem colaborativa, moldando o conhecimento do aluno, potencializando o processo de aprendizagem nas faculdades, desenvolvendo as habilidades pedagógicas e aprofundando os conhecimentos dos monitores.
Neonatal risk factors associated with attention-deficit/hyperactivity disorder: an umbrella review
Authors: Jenabi Ensiyeh , Ayubi Erfan , Farashi Sajjad , Bashirian Saeid , Mehri Fereshteh
Published: August 2023

Background: Attention deficit hyperactivity disorder (ADHD) is a neurodevelopmental disorder that is being encountered more frequently.Purpose: In this study, by compiling the evidence from available meta-analyses, an umbrella systematic review was performed of the neonatal risk factors associated with ADHD.Methods: The PubMed, Scopus, and Web of Science databases were searched for eligible studies. Only systematic reviews were included. Using a random-effects model, 95% prediction intervals were reported for each risk factor. Three studies were ultimately included in the review.Results: Congenital heart disease, short-duration or incomplete breastfeeding, low birth weight, and 5-minute Apgar scores <7 were significant risk factors for ADHD. However, the quality of the included systematic reviews was low to moderate and the evidence credibility level was suggestive to weak.Conclusion: The results of this umbrella review proposed that congenital anomalies, short-duration or incomplete breastfeeding, low birth weight, and low Apgar scores were important factors for the manifestation of ADHD symptoms. However, the inclusion of more high-quality studies is needed to validate our results.
High-frequency depth changes in Atlantic cod studied with implanted data storage tags
Authors: Björnsson B , Karlsson H , Macrander A
Published: August 2023

The main aim of this study was to investigate high-frequency depth changes in wild adult Atlantic cod Gadus morhua. The analysis was based on depth measurements collected with implanted data storage tags. The study was part of a ranching project carried out in an Icelandic fjord. In the project, net bags with frozen fish were regularly provided during the daytime at 4 stations where some cod formed distinct ‘herds’ (‘herd cod’) that did not mingle much with the rest of the unconditioned cod in the fjord (‘wild cod’). After tagging, some of the cod resumed life in the herds, whereas other cod left the herds immediately. On 20 subsequent Mondays, the electronic tags were programmed to measure at the highest frequency (every 30 s), and these results were used to study high-frequency depth changes in 4 wild cod and 4 herd cod, the latter as a control group. Several times, rapid cyclical depth changes were observed in both groups. This behaviour, which sometimes lasted for hours, was highest during dawn and dusk in wild cod but peaked during daytime in herd cod after deployment of the feed bags. The occurrence and properties of these vertical undulations varied greatly between fish, dates, and time of day. Most commonly, the periods of the cycles varied between 1 and 4 min and the heights between 2 and 4 m, but there were examples of much larger undulations. The results indicate that wild adult cod swim along vertically undulating paths when searching for prey, most likely to optimize foraging.
Infaunal community structure, diversity, and function in Pacific-Arctic shelf sediments: a comparison of meiofaunal- and macrofaunal-sized nematodes
Authors: Charrier BR , Ingels J , Danielson SL , Mincks SL
Published: August 2023

Meiofauna, and nematodes in particular, perform essential roles in benthic ecosystems and serve as bioindicators of disturbance and environmental change. In the Pacific Arctic, a region experiencing rapid environmental change, this component of the fauna has received little attention, and the role of meiofauna in ecosystem processes is poorly understood. We collected multi-core samples at 10 stations in the northern Bering and southern Chukchi Seas in June 2018 and characterized the sedimentary environment. We also assessed meiofauna community structure and abundance at higher taxonomic levels and evaluated genus-level nematode composition in meiofaunal (63-500 µm) and macrofaunal (>500 µm) size fractions. Nematodes were classified by feeding type and life-history strategies. Total meiofauna abundance and biomass varied greatly, with 1449-12875 ind. 10 cm-2 and 373-2325 µg dry weight 10 cm-2 for the upper 5 cm of sediment. Estimated production of meiofaunal-sized nematodes was 5-28 g C m-2 yr-1. Four distinct communities of meiofaunal-sized nematodes were identified in different sub-regions reflecting food availability and substrate type. The meiofaunal- and macrofaunal-sized nematodes represented 2 distinct communities. The unique taxonomic composition and large standing stock of the macrofaunal-sized nematodes (22 ± 15% of total nematode biomass) suggest they are critical components of the infauna and merit further research to assess their role in critical ecosystem functions. This study provides the first genus-level characterization of nematodes and some of the first measurements of meiofauna standing stock in the region, contributing important data for assessing ecosystem function in a rapidly changing Arctic.
Youth's desire to learn
Authors:   , Vermeire Zowi
Published: August 2023

Online, youth have opportunities to shape their learning differently than within formal education. Vermeire is interested in these alternative forms of learning that youth create on social media platforms, as these might question fixated ideas about what constitutes ‘good’ learning. To research how youth (alternatively) shape their learning online, Vermeire has done an ethnography of six learning communities on YouTube, Twitch and TikTok, including in-depth interviews with community members. In her research, Vermeire acquired an understanding of how youth shape their own learning online and, in doing so, how they resist and appropriate the pedagogical opportunities and limitations that formal education, social media platforms, and online learning communities offer them. Youth for instance describe how they experience YouTube and TikTok as platforms to learn to be active on societal issues that matter to them in a manner that lacks within their formal education. Youth furthermore describe how they discover alternative careers online, for which online learning communities are perceived as more relevant in preparing them than formal education. Additionally, youth feel like they can control social media’s algorithms to an extent that they can ‘curate’ which ‘lessons’ and ‘teachers’ they see online, even though those same algorithms are also experienced to thwart their community’s educational aims. Vermeire hopes that her in-depth study of how youth shape their learning online offers inspiration to educators and policy makers to move beyond dystopian perspectives on youth and social media and towards reimaginations of educational practices.
Proportionality of the Restrictions of Human Rights: Specifics during Martial Law
Authors: Kubko Andrii
Published: August 2023

The article is dedicated to the issue of proportionality of the restrictions of human rights and freedoms during martial law in Ukraine. The concept of the protection of human rights is the core value of any democratic state, it has been developed both in the legal system of Ukraine and at the international law level. The legislation of Ukraine as well as the international standards of the human rights protection contain requirements of the proportionality of the restrictions of the rights of person. The proportionality is recognized as universal principle the restrictive measures of the states hould comply with. The proportionality principle applies also during martial law which has been enacted in the result of full-scale aggression of the Russian Federation. However in the situation of war this principle has certain specifics arising out of necessity to secure the defense of the state against the foreign military aggression. The specificity of the proportionality during martial law emanates from the characteristics of the public interests which are regarded as legitimate aim pursued by the restrictions of the human rights and freedoms applied by the state. Such interests relate to ensuring defense capability, security, territorial integrity, restoration of the state’s sovereignty over the territories of Ukraine, combat armed aggression. The significance of these interests gives rise, in case of the threat to the said interests, to the necessity of employment of special, increased restrictions of the rights and freedoms by the state to prevent such threat. The circumstances of war also give rise to the issue of competition between public interests which constitute the legitimate aim of the state’s sovereign measures since the significance of the public interests which in the time of peace had been regarded as priority may decrease. Not only should the legal measures employed by the state for the protection of the public interests and restricting human rights correspond to the public interests pursued but also such measures should secure prevention of the potential threats to the public interests of the defense of the state which has acquired special significance during martial law.

Key words: principle of proportionality, martial law, human rights, the state,restrictions of human rights.
The normative and legal component of the national-state selfdetermination of the Ukrainian people
Authors: Khudoiar Lesia
Published: August 2023

It is relevant for the further progress and development of Ukraine to study the ascending legal foundations that laid the foundations of the constituent power of the people as the source, bearer and sovereign subject of power.

The first stage of the Ukrainian people’s sovereignty process was completed during the National Liberation War of 1648–1657 with the formation and legalization of the institutions of the Ukrainian Cossack state, which was recognized as a subject of international relations. The next stage of the sovereignty of the Ukrainian people, as asocial subject of Ukrainian state-building, began in Western Ukrainian lands with the “Spring of Nations” in 1848 and ended with the formation of its own sovereign state-the Western Ukrainian People’s Republic. In Trans-Dnieper Ukraine, this stage began at the end of the 19th century. and ended in the period of the Ukrainian national liberation struggle of 1917–1921 with the restoration of national statehood. The state sovereignty of the Ukrainian People’s Republic was realized through a dialectical combination of the right of nations to self-determination and the principle of territorial integrity of the state. After the announcement by the Russian Soviet party leadership of the date of formation of the USSR on December 30, 1922, the Ukrainian SSR actually lost the opportunity to exercise the sovereign rights of the Ukrainian people and the state. During the dismantling of the Union of the SSR, the Ukrainian people used the right to self-determination, which is enshrined in the provisions of the Declaration on State Sovereignty of Ukraine dated July 16, 1990.

A detailed analysis of legal acts that regulated the issues of external and internal sovereignty and legal personality of the Ukrainian people (nation) and the state in different historical periods will make it possible to objectively assess the formality and reality of Ukraine’s sovereignty in different historical periods.

Key words: Ukraine, people’s sovereignty, nation-state self-determination, people’s right to self-determination, sovereignty, Cossack-Hetman era, UNR, Directory, ZUNR,Ukrainian SSR, juridification of Ukraine’s sovereignty, normative and legal component,historical significance
Outstanding legal historian Lev Okinshevych: sources for scientific biography
Authors: Usenko Igor
Published: August 2023

Introduction. 2023 marks the 125th anniversary of the birth of the famous Ukrainian legal historian L. O. Okinshevich (Okynshevich). Dozens of biographical publications are devoted to the scientist, which are mainly based on his memoirs. Due to the lack of objective primary sources, there are quite a lot of substantive gaps and factual in accuracies in these publications.

The aim of the article. Introduction into scientific circulation of archival and other primary sources about the life and work of L. O. Okinshevych and on this basis some clarification of the Ukrainian period of the biography of the scientist, in which until now there were still a lot of lacunae,

Results. In the context of the modern anthropological approach, new facts and assessments are offered regarding the life path of the secretary of the Commission for Studying the History of Western Ruthenian and Ukrainian Law of the All-Ukrainian Academy of Sciences, and later one of the most prominent representatives of the science of the Ukrainian diaspora L. O. Okinshevych. Newly discovered or little-known archival and other historical sources are analyzed that will help clarify the biography of the scientist.

Conclusion. With the help of newly discovered primary sources, it was possible to clarify a number of facts аbout the scientist’s biography and information about his family environment. The directions of further archival searches are determined; versions of possible persons of the scientist’s grandfather and some other relatives are formulated.

Key words: Ukraine, jurisprudence, history of legal science, history of Ukrainianlaw, All-Ukrainian Academy of Sciences, Okinshevych (Okynshevych) L. O., scientifi cbiography, legal biography, historical sources.
Establishment of European Values on the Way of Ukraine’s European Integration and Their Protection in the Context of War: Constitutional and Axiological Aspect
Authors: Krusian Anzhelika
Published: August 2023

The article provides a scientific analysis of those European values, the establishment of which is a prerequisite for Ukraine’s accession to the European community and Ukraine’s acquisition of the status of a full member of the EU. It is noted that modernity determines the definition of two main areas of research on constitutional axiology: first,the correlation of constitutional principles and European values, as well as their implementation and establishment in Ukraine on the path to its European integration; second, determining the role of the judiciary and constitutional justice in the mechanism of implementation and establishment of European values in Ukraine in the context of its European integration aspirations. The author emphasizes the primary importance of protecting, especially in times of war, such constitutional and European values as a person, his or her life, dignity, freedom, security, etc.

The constitutional and legal analysis of the principles enshrined in the text of the Constitution of Ukraine has given grounds to conclude that they correspondin their axiological content to European principles, the implementation, affirmation and protection of which is a prerequisite for Ukraine’s entry into the European community and its acquisition of the status of a full member of the EU. In this process, the judiciary plays an important role, so the current stage of judicial reform in the context ofUkraine’s European integration is focused on the formation of a high-quality judiciary with a high level of legal awareness and the implementation of European standards in the administration of justice.

The Constitutional Court of Ukraine is a powerful and influential body that plays an important role in the process of Ukraine’s European integration and, in particular,in the implementation and promotion of European values. In order to make its activities more efficient in the context of European integration processes in Ukraine, it is relevant to: reform the procedure for the formation and improvement of the functioning of this constitutional justice body; supplement its regulations with a provision containing a list of basic constitutional and European values, so as to determine in more detail and clearly the focus of the Constitutional Court of Ukraine’s practice on their establishment in Ukraine.

Key words: axiology, rule of law, European integration, European values,Constitutional Court of Ukraine, constitutional principles, human rights, legal consciousness, justice
Transformation of the values of law and law-making activity under martial law
Authors: Parkhomenko Natalia
Published: August 2023

Under martial law, through a political and legal interpretation of social reality, a new model of relations between the state and civil society is being formed, due to the nature of external aggression and the peculiarities of legal development, the mechanism of legal regulation.

Adjustment of value orientations in the legal sphere is one of those tools that can ensure the transformation of the state system and legal development, that is, their restructuring in accordance with military needs, without which it seems impossible to achieve a balance in the mechanism of legal regulation, law and order and victory. After all, the purpose and means of state policy, including law-making, will depend on the fact that what values of law will be put at the forefront of the general public (restoration of territorial integrity and independence of the state, ensuring external security) or personal (guaranteeing the rights and freedoms of citizens).

We are talking about the formation in the conditions of war as a state of emergency, a new structure or hierarchy of values of law, which in the process of law-making activity are translated into legislation, creating the basic conceptual foundations for winning and restoring peace, preserving the statehood and sovereignty of the power ofthe Ukrainian people as general social democratic values, opportunities for democratic development. Public interest and the public good as values of law acquire primacy through the redistribution of the axiological potential of law, which in conditions of martial law is a determining prerequisite for ensuring all other values of law. That is, the provision of general social values and needs is now a condition for the existence of an independent state, its further development and guarantee of the constitutional principle of recognizing a person (his rights and freedoms) as the main social value.

Key words: law, value, lawmaking, justice, martial law, priority, hierarchy.
Provision of evidence in civil proceedings: a historical and legal outline of the development of legislation
Authors: Tymchenko Hennadii
Published: August 2023

In the work, research was carried out in the historical and legal context of the institution of securing evidence in civil proceedings, the origins of the modern system of normative provisions on securing evidence, the main stages of the development of civil procedural legislation in this part were revealed. Modern legislative approaches to the legal regulation of procedures for providing evidence in civil proceedings and problematic aspects of law enforcement are analyzed.

In the 2017 edition, the Civil Code of Ukraine established certain novelties in the legal regulation of the procedures for securing a claim. Thus, the court, at the request of a party to the case or a person who may acquire the status of a plaintiff , must provide evidence if there is reason to assume that the means of proof may be lost or the collection or submission of relevant evidence will later become impossible or difficult. Ways of securing evidence by the court are questioning of witnesses, appointment of expertise, demand and (or) review of evidence, including according to their location, prohibition to take certain actions regarding the evidence and obligation to take certain actions regarding the evidence. In necessary cases, the court may apply other methods of securing evidence determined by the court.

In the new civil procedural legislation, the list of methods of providing evidencehas been expanded, the terms for filing a lawsuit in the case of submitting anapplication for providing evidence before the opening of proceedings in the case have been extended, the procedure for providing evidence when transferring a case to an arbitration court and international commercial arbitration, detailed requirements for form and content have been clarified applications for the provision of evidence.

Key words: provision of evidence, proof, means of proof, civil proceedings, court procedures
Legal principles of the implementation of the accumulative system of mandatory state pension insurance
Authors: Trunova Halyna
Published: August 2023

Introduction. The implementation of the mandatory accumulative component of the pension insurance system of Ukraine has been proceeding for over 20 years. The existing level of pension provision for citizens of Ukraine does not meet the constitutional and legal standards and does not ensure the effective functioning of the system of protection of human life, health and dignity. Gaps in the scale,comprehensiveness and decent level of pension benefits are primarily related to the lack of investments in pension insurance.

The aim of the article is to carry out a scientifi c analysis of the implementation of the accumulative system of mandatory state pension insurance and to formulate separate proposals on this issue.

Results. Attention is focused on the existing problems of the functioning of the current solidarity system of pension provision. Proposals have been made regardingthe necessity: introduction of international social standards in the field of pension provision, changes in the amount of social contributions, implementation of pension insurance through professional pension funds. The issue of compliance of the level of subsistence minimum with the realities of today does not lose its sharpness. The currentlaw-making activity regarding the implementation of the accumulative pension system has been analyzed, comments have been made regarding the provisions of the draft Law (Reg. No. 2683). The need of financial and economic calculations regarding the preparation of relevant projects of regulatory and legal acts has been emphasized. Proposals have been made to ensure the targeted use of pension savings, to ensure state guarantees of the functioning of the savings system, to observe systematicity in the development of regulatory legal acts in the field of pension insurance.

Conclusions have been made regarding the possibility of introducing a mandatory accumulative component of the pension insurance system of Ukraine in the near future,taking into account the economic and demographic consequences of the russian military aggression.

Key words: social security, social insurance, pension insurance, solidarity system, accumulation system, non-state pension security, contribution, fund, draft law,employee, employer.
The concept of a state as a condition for juridical law
Authors: Yushchyk Oleksii
Published: August 2023

The article notes the tradition of considering the concept of the state in the general theory of the state and law without taking into account the concept of law and without sufficiently defining the nature of their relationship, as a result of which the development of the theory of law and the theory of the state is inhibited.

It is noted that the domestic legal science has embarked on the path of a false paradigm. Also noted that domestic legal science has embarked on the path of a false paradigm of overcoming the normativistic approach and the Soviet understanding of law, focusing on the Western European scientific tradition, while moving away from the dialectical-materialistic methodology of knowledge of law and the state.

The scientific paradigm in Ukraine is moving in the direction of including other elements (legal principles, legal awareness, etc.) in the content of law in addition to legal norms.

However, domestic legal opinion states that there was no "scientific revolution" in legal science in Ukraine on this path.

In the Central European legal doctrine within the framework of the philosophy of law, law is studied without its "tying" to a specific state-organized society at a certain stage of historical development, law acts as an "idea of law" (law in general).

Attention is drawn to the ignoring by domestic theorists of a new paradigm in the development of the understanding of law, which positions itself as a dialectical theory of law, which has revolutionary significance for clarifying the concepts of law and the state and the nature of their relationship.

The fundamental scientific novelty of this theory is presented, the author's definitions of the concepts of law and the state are provided, and their necessary relationship is revealed.

It is claimed that a "scientific revolution" takes place when an established scientific paradigm changes depending on a fundamental change in the methodology of formingthe basic concept of a scientific theory, which leads to significant changes in its definitions.

Due to the dialectical-materialist methodology, the dialectical theory of law, unlike all existing theories, defines the generic concept of law and its types: primitive customary law, juridical law, and humanistic law. The state is organically connected toonly one type of law, namely, juridical law.

Key words: legal doctrine, scientific paradigm, dialectical theory of law, state,state functions, juridical law.
Legality of the use of coercive measures of a medical nature against subjects with mental abnormalities (based on national and international judicial practice)
Authors: Landina Anna
Published: August 2023

Often, criminal offenses are committed by persons with mental abnormalities, who are recognized as mostly limited in their judgment. According to the court’s decision, coercive measures of a medical nature may be applied to such persons. Within the framework of the application of criminal-legal coercive measures of a medical nature to subjects who have committed a criminal offense, the question of the legality of their application arises.

The purpose of this study is to determine the legality of applying criminal and coercive measures of a medical nature to persons with mental abnormalities who have committed a criminal offense.

It was established that the application of measures of a medical nature to persons of limited sentencing with mental abnormalities, if they were justified by a court decision, does not violate the provisions of clause «e» of Article 5 of the Convention.

Taking into account the content of the decisions of domestic courts and the ECtHR regarding the application of coercive measures of a medical nature, we suggest that the following grounds for their application be enshrined at the legislative level: the recognition of a person with limited cognizance due to the presence of a mental abnormality must be based on the conclusions of an objective, impartial medical forensic psychiatric examination; the type and degree of mental disorder (abnormality) in the subject who committed a criminal offense must be recognized as requiring the application of a specific measure of a medical nature in a compulsory manner; the application of medical measures to the subject of a criminal offense who has beenfound to have a mental abnormality cannot continue after the recovery of the person, even if the term of their application, determined by the court, has not yet expired – for this, the possibility of early termination of their application must be established in in the event that such a patient has recovered and no longer needs medical assistance (incriminal and criminal procedural legislation).

The introduction of the specified changes will increase the effectiveness of prosecuting subjects of criminal offenses who have mental anomalies (disorders) that do not exclude criminal liability.

Key words: subject of a criminal off ense, mental abnormality, mental disorder,limited sanity, sanity, lack of sanity, coercive measures of a medical nature, coercive treatment, judicial practice, court decision, resolution, human rights, legality, public danger, criminal responsibility.
Legislative regulation and effectiveness of arms circulation regulation under foreign national legislation
Authors: Nersesian Armen
Published: August 2023

Ukraine is the only country in Europe in which the circulation of weapons is not regulated by a separate law. In order to implement the specified task, the legislator must also take into account the foreign experience of regulating the legalization of the circulation of firearms (carrying, possession, use) among the civilian population. This direction of scientific analysis and research is especially relevant in the conditions of world globalization processes, universalization of the national legislation of individual states and the course to wards integration.

The purpose of this study is to determine the impact of the legislative regulation of weapons circulation in the country on the effectiveness of ensuring security in the state.

The circulation of weapons is clearly regulated by international and foreign legislation. there is currently no single, universal approach to regulating the circulation of weapons among different categories of the population and citizens among states. Legislation in this area in the vast majority of countries is quite liberal.

The presence of clearly developed and modern legislation has positive consequences for states. Ensuring the regulation of arms circulation in the state directly affects the legal regime of the use of arms circulating among the population as a whole and its separate categories, control over the legality of such circulation, as well as the effectiveness of combating illegal arms circulation and violent crime committed withthe use of weapons. The study of foreign and international regulatory legal acts in the field of regulation of arms circulation made it possible to identify gaps and inaccuracies (errors) in the current regulatory legal acts of Ukraine in this area of regulation. There is an obvious need to harmonize the national legislation of Ukraine with international legal acts in the field of arms regulation, in particular with Directive No. 91/477/EU, in particular, in accordance with this legal act, as well as taking into account the experience of foreign countries, we believe that the law on the regulation of the circulation of weapons in Ukraine should include a number of key provisions on the regulation of the circulation of weapons in Ukraine.

Key words: arms circulation, firearms, short-barreled firearms, carrying weapons,legal regulation, legalization, criminal responsibility, state security, state policy,foreign legislation, eff ectiveness of regulation, self-defense, international legal acts,armed crimes, state of crime.