bluuebunny/crossref_metadata_2025 huggingface dataset:
Identifying fictive points as material objects in invention rights: case of RF patent prosecution for invention N. 2737595
Authors: Bimberekov Pavel Aleksandrovich
Published: August 2022

In the course of record-keeping on the application for the invention, it was necessary to substantiate the possibility of identifying the fictive points of point sources of pressure of wave systems from a moving or streamlined object on the boundary (or close to the boundary) of media as material objects. It is known that in the paradigm of patent offices a lack of materiality implies a lack of technical result, which in turn opposes a positive decision to grant a patent for an invention of the Russian Federation and/or another internationally recognized patent office. To prove the materiality of the fictive points stipulated in the claimed decision and explained in the article there were analyzed some well-known technical solutions already protected by the patents for inventions of the Russian Federation. Technical solutions were taken into consideration to find the fictive points that are widely used in practice: the center of gravity of the object, the center of the submerged volume and the metacenter, as well as the value representing the distance between the fictive points, namely a metacentric height (elevation of the fictive point metacenter above the fictive point center of gravity). The validity of the procedures proposed in the application is justified by their publication in a series of articles in a peer-reviewed scientific journal recommended by the Higher Attestation Commission of Russia for ship-oriented publications. As a result of the paperwork, understanding was reached on this issue between the expertise and the author, a “fictive point” position was included in the title of the issued security document.
Calculating discretization step of controlled values in relay protection communication channels
Authors: Bordyug Alexander Sergeevich
Published: August 2022

In relay protection devices with information digital processing the input controlled values are the currents and voltages of the protected object received from traditional measuring transformers, which are converted into voltage signals using appropriate converters. To limit the frequency spectrum these signals are subjected to preliminary analog filtering, after which they are discretized in time with a desired step Δt and are quantized by level. The difference between adjacent discrete values of the controlled value is proved to depend on its amplitude, and the minimum value of this difference can be observed in the minimum signal mode. When choosing the minimum step Δt the mode with the minimum amplitude of the controlled value is decisive. It has been proved that the difference between adjacent discrete values of the controlled value depends on the frequency and decreases with a decrease in the latter, i.e. when choosing the minimum sampling step Δt it is necessary to take into account the minimum possible value of the frequency. There is shown an example of the dependence of the minimum sampling step of a sinusoidal signal with a frequency of 50 Hz on the ADC bit depth. The analysis of the presented dependences shows that the minimum value of the sampling step Δt is largely determined by the multiplicity of the controlled value and the ADC bit depth. There has been inferred the possibility of using the proposed methods for a rough estimation of the minimum value of a sampling step of input quantities in relay protection devices with information digital processing.
Analysis of seaport bulk cargo warehouse capacity by using simulation modeling
Authors: Kuznetsov Alexander Lvovich , Galin Alexander Valentinovich , Valkova Svetlana Sergeevna , Sampiev Adam Mihaylovich
Published: August 2022

The article considers the regulatory documents governing the rules and regulations for the design of commercial ports and terminals. It has been shown that the logic of creating the current design standards does not meet the modern requirements for the design of ports and terminals, since the concept of a standard time margin is not disclosed in the documents, and its relation with a uniform operation of railway transport, which does not depend on the approach of ships or irregular navigation, is not given. It appears that all the considerations given in the norms refer only to that component of the storage volume that ensures uninterrupted service for ships at berth, i.e. makes up the technological volume of warehousing. The rear front in this case ensures the continuous maintenance of the reserve at a level that excludes failure handling the vessel. It is obvious that using the existing standards leads to constructing the excessive transshipment capacities, increasing cost of the project and a longer payback period. At the same time, practice shows that the volume of cargo stored in a warehouse is mostly determined by the irregularity of ship arrival. It is advisable to use simulation tools to calculate the storage capacity. Using the simulation method provides a more accurate analysis of the required cargo capacity of the warehouse, and helps avoid additional costs, which ultimately has a positive effect on the competitiveness of the projected cargo port.
Transport and logistics schemes of cargo transportation including customs operations carried out in sea ports
Authors: Shapovalova Mariia Andreevna
Published: August 2022

The article considers the technological features of cargo handling processes in the seaport. The activities of customs authorities and other participants in transport and logistics schemes at maritime checkpoints have been studied. The customs procedures under which the imported goods are placed, namely the release for domestic consumption (code IM40) and customs transit (code IM80) are considered. Other customs procedures make a very small proportion of the total volume of goods. It is stated that the actions for which the customs authorities and the operator of the cargo terminal are responsible are aggregated or carried out in parallel, although both options for actions can potentially cause delays. There have been collected the data on customs and port operations for the same period and for the same consignments, identified by the numbers of cargo manifests, transport documents, transit declarations, declarations for goods, orders for inspection or examining the containers in order to link the information collected from the customs authorities with the information from the cargo terminal operator for the same shipments. The analysis of transport and logistics schemes for importing the goods by sea into the customs territory of the Eurasian Economic Union and placing them under the customs procedure of customs transit using road and rail transport, as well as under the customs procedure of release for domestic consumption was carried out. Conclusions are drawn about the specific features of schemes for the goods transportation by sea when imported into the customs territory of the Eurasian Economic Union and their placement under various customs procedures.
Peculiarity of concluding an amicable agreement in civil proceedings on Ukrainian lands in Polish-Lithuanian and Cossack times (XIV-XVIII centuries)
Authors: Yurash I.I.
Published: August 2022

In this article, the author examines the formation and development of the institution of amicable settlement in civil proceedings on the examples of Polish, Lithuanian and Cossack legal monuments and analysis of court cases. It is concluded that the legislative consolidation of the institution of amicable settlement occurs for the first time in Polish-Lithuanian times and there are cases from the case law of the end. XIV century, where the parties complete the consideration of the property dispute by conciliation and agreement between them. Polish-Lithuanian and Cossack legislation is analyzed, in particular, the Vistula Statute, Lithuanian Statutes, the Rights of the Little Russian People, etc., which determines the conditions and procedure for concluding an amicable agreement in civil proceedings, as well as reservations on the exercise of this right. The hereditary legal traditions of the Polish-Lithuanian period in Cossack times are noted due to the existence of a similar procedure for concluding an amicable agreement in court. On the other hand, attention is drawn to the existence of more advanced legislative forms on the procedure for concluding an amicable agreement in the Cossack legislation of the eighteenth century, in particular, anticipation of cases where the court can not approve the amicable agreement of civil parties.

Separately, the author analyzes the peculiarities of concluding an amicable agreement in non-state courts, such as the amicable court and the mining court. If the conclusion of an amicable agreement in an amicable court is regulated by law, in the mainland - on the basis of customary law. Attention is drawn to such a restriction in the exercise by the parties of the right to conclude an amicable agreement in the mining court as the presence of the consent of the community to such procedural actions. It is assumed that such a practice could be due to the collective responsibility of the community for the actions of its members. The existence of the same legal consequence in the studied periods in case of abuse of the right to conclude an amicable agreement is noted: payment of a fine to judges in case of re-appeal of a person to court in the presence of an amicable agreement.
Features of the jurisdiction of economic courts
Authors: Dyachenko S.V. , Dovga M.O.
Published: August 2022

The article considers the problem of determining the jurisdiction of commercial courts. It is proved that jurisdiction should be considered depending on the theoretical model of specialization of the judiciary itself.

     The types of jurisdiction of commercial courts are analyzed: according to the subjective composition of the economic case (with the participation of citizens of Ukraine and legal entities registered in the territory of Ukraine); with the participation of foreign citizens and legal entities of Ukraine project, instance, territorial). It is established that the correctness of determining the jurisdiction of the case is essential insofar as it affects the time of decision-making on the case, and, accordingly, the restoration of the violated right, the expiration of the terms of the claim.

     The criteria for establishing the jurisdiction of commercial courts are highlighted: the range of persons who may apply to commercial courts, and belonging to the list of cases under the jurisdiction of commercial courts. It is proved that the existing system of delimitation of jurisdiction of commercial courts taking into account these criteria is not effective, complicates a person's access to court, and therefore requires significant changes.

     The problems of determining the jurisdiction of commercial courts, in particular the separation of commercial and administrative jurisdiction over disputes, when the parties to the dispute are a business entity and a subject of power. It is also problematic to consider cases on the recognition and enforcement of decisions of international commercial arbitration, foreign courts in commercial disputes.

     Possible directions of reforming the principles of determining the jurisdiction of commercial courts through the unification of civil, administrative and economic processes (codes) are outlined; refusal to specialize courts and introduction of specialization of judges; reclassification of the type of proceedings on the initiative of the court and referral of the case by the court to the appropriate jurisdiction.

     The need to take into account the experience of foreign countries (Germany, Italy, Estonia, etc.) in delimiting the jurisdiction of commercial courts on the basis of unification of procedural law - the introduction of a single code that would determine the rules of civil, commercial, administrative proceedings.
Interpretation of the concept of «court practice» in modern legal doctrine
Authors: Zavhorodnii V.A.
Published: August 2022

The article considers various scientific approaches to understanding the concept of «court practice» as a general theoretical category, clarifies their features and identifies the most reasonable approach to the interpretation of this legal phenomenon. The following main directions for understanding the studied phenomenon of legal reality are identified: a) it is all court activity or only activity related to the administration of justice; b) it is an objective experience formed as a result of the application of the law in resolving specific cases; c) it is the unity of court activity and socio-legal experience as a result of this activity; d) it is the interaction of court activity and its results in the form of court decisions; e) it is a certain method, a way of solving certain categories of cases; f) these are only the results of the court's activity, which should be understood as legal provisions on: specification of legal norms; regulatory provisions; provisions on the interpretation of the law; g) it is the results or results of the court, based on experience and court discretion; g) it is the analysis and generalization of the results of court activity.

It has been found that the doctrinal understanding of the concept of «court practice» often does not coincide in its content with the category of «legal practice», which are related as species and generic concepts, respectively. It is concluded that the most methodologically correct is the approach to understanding court practice as a set of such components: activities, its results, socio-legal experience of judges.
Legal responsibility for illegal crossing of the state border: foreign experience of legal regulation
Authors: Demchuk N. , Havric R.
Published: August 2022

In the scientific article, the authors conducted a study of foreign experience in prosecuting for illegal crossing of the state border under the laws of neighboring countries and the European Union. Based on the study, the authors concluded that according to foreign legislation on liability for illegal crossing of the state border, such acts are mostly criminal liability (especially post-Soviet states, except Ukraine, Belarus, Estonia and Moldova; the United Kingdom of Great Britain and Northern Ireland; Poland; France; Germany). However, the legislation of many European Union countries, including the Czech Republic, Slovakia and Estonia, provides for criminal liability only if there are aggravating circumstances when crossing the state border, providing for administrative liability for crossing the state border in other cases. Such circumstances are: use of force or threat of imminent use of force when crossing the state border, violation of the air border, ignoring the stop signal or order issued by a border guard official, crossing the border by a group of persons or a vehicle in a place not intended to cross the border, repeated offense while crossing the border, causing serious damage to health or life of a border guard official. Similarly, the legal regulation of legal liability for illegal crossing of the state border in Ukraine is an administrative offense, but in the presence of qualifying circumstances (illegal crossing of the state border to harm the interests of the state, as well as illegal crossing of the state border by a person prohibited entry into the territory of Ukraine, or representatives of units of the armed forces or other law enforcement agencies of the aggressor state) – a crime. Belarusian law provides for administrative liability for illegal crossing of the state border for the first time, and criminal liability for repeated offenses. States such as the Republic of Slovenia and the Republic of Moldova, whose legislation does not provide for criminal liability for illegal entry and illegal stay in the country, consider illegal crossing of the state border exclusively as an administrative offense.
The essence of administrative discretion in the activities of public administration agencies
Authors: Savranchuk L.L.
Published: August 2022

The article examines the essence of administrative discretion in the activities of public administration bodies. The author proposes his own definition of administrative discretion as intellectual, creative activity of public authorities, local governments and their officials, established by legislation on self-assessment and decision-making and a certain choice of behavior, which has a legally significant result.

The selected properties that are inherent in administrative discretion: 1) are the right of public authorities, local governments and their officials to make decisions, carry out activities (inaction); 2) is implemented by the relevant circle of persons authorized by law; 3) the limits of discretion are limited by the law, it complies with the law and does not contradict them; 4) the process of applying administrative discretion is an intellectual and creative activity; 5) has a legally significant result.

It is emphasized that the functioning of public authorities in the exercise of administrative discretion should be subject to regulation and proper control, as often there is a problem of abuse of administrative discretion, the reasons for which are: ambiguity of laws, which creates the illusion of great authority; lack of proper level of training and knowledge of the official; exceeding the limits of discretionary powers.
Directions and forms of communication between civil society and the judiciary in Ukraine: general theoretical characteristics
Authors: Cherpovytska I.Yu.
Published: August 2022

The article is devoted to the general theoretical characteristics of the directions and forms of communication between civil society and the judiciary in Ukraine. It is substantiated that stable, continuous communication between civil society and the judiciary is based on the principles of transparency, dialogue, transparency. Based on the generalization of modern experience of civil society and the judiciary, systematization of views of domestic and foreign scholars identified and characterized the main areas of communication: 1) public control over the activities of the judiciary; 2) accountability (reporting, responsibility) of the judiciary; 3) informing society and government; 4) consulting the judiciary with the public.

It is substantiated that public control over the activities of the judiciary is a kind of social control, one of the forms of exercising the constitutional powers of the people, which consists in direct, free control by civil society entities over the activities of the judiciary, their officials and officials. such forms as: public monitoring, public expertise, public hearings, public inspection, public investigation. The main forms of accountability of the judiciary in accordance with European standards of justice are: 1) the responsibility of judges for their decisions during the appellate review of the case ("accountability of the judiciary"); 2) transparency of judges' activity; 3) "explanatory accountability", ie accountability to other branches of government and society as a whole; 4) "punitive accountability", if a judge is involved in illegal actions, he must bear disciplinary or criminal responsibility.

The communicative activity of the judicial system is carried out in various forms and directions, the main of which are: 1) direct (personal) communication; 2) communication with the media; 3) educational activities; 4) educational activities; 5) expert consulting activities. An important form of direct communication between the judiciary and civil society is "coverage programs", which are carried out directly by the courts on a regular basis and targeted at a particular social group. bodies in their activities, as well as the quantity and quality of resources needed to implement such initiatives.
Dumping as a criminal offense in the field of public procurement
Authors: Huta V.
Published: August 2022

The article is devoted to the consideration of dumping as a criminal offense in the field of public procurement. It is investigated that the domestic criminal legislation does not currently contain a criminal offense that would characterize the signs of dumping as a socially dangerous encroachment. However, in practice, depending on the consequences of dumping, such a phenomenon in its nature and consequences may well be considered in the aspect of a criminal offense.

The article analyzes the definition of dumping from the standpoint of national and international law. The importance of dumping in scientific reference sources and works of individual scientists is considered. It is a general conclusion that dumping is, first of all, a manifestation of unfair competition, which is embodied in the deliberate lowering of prices for goods, services, work in order to gain an advantage over other competitors and to make a profit.

Emphasis is placed on the special features of dumping as an illegal act, which this phenomenon acquires during the procurement of goods, works and services to meet the needs of the state and local communities. Special attention is paid to the consideration of each component, namely the specific features of the criminal offense, as well as the subject and limits of evidence. It also indicates the key features of the entities that are harmed by the dumping transactions and the entities that may be held liable for the act.

The objective and subjective aspects of dumping as a criminal offense during procurement procedures have been studied.

The main manifestations of dumping during public procurement are presented and described. A comparison of illegal dumping acts with acts, the external manifestation of which is identical to dumping, but in essence it is not.

The defining features that characterize dumping during public procurement as a criminal offense are highlighted. The consequences of dumping in the field of public procurement, which are manifested in causing material damage, misuse of funds and bankruptcy, are considered and analyzed. The importance and necessity of improving the legislative regulation of the issue under consideration were emphasized.
Evolution of Ukranian legislation on criminal responsibility
Authors: Kuznetsov V.V. , Sharmar О.М. , Akimov М.О.
Published: August 2022

This article is concerning on peculiarities of evolution of Ukrainian criminal legislation at all stages of its development through complex analysis of its sources and historical periodization based on the principles of scientificity, historicism, objectivity etc., as well as the use of special historical, source-based, comparative methods and hermeneutics. The effectiveness of enforcement of criminal legislation, the consistent of the latter with the provisions of international legal acts requires a comprehensive scientific research, in particular thorough study of certain historical aspects. Such study will provide the background for future revision and improvement of the provisions of current criminal legislation. Key legal acts that emerged during the criminal legislation evolution (including customary law, “Rus’ka Pravda” (legal statute of Kyivan Rus), Lithuanian Statutes, hetman laws, Sachsenspiegel, Magdeburg Law, Laws to be used in courts by people of Little Rus, Lawbook of criminal and corrective penalties, Criminal Lawbook, “Guiding Principles on Criminal Law of Russian Socialist Federal Republic”, Criminal Code of the Ukrainian Soviet Socialist Republic and Criminal Code of Ukraine) have been studied. As a result the determination of key stages of criminal legislation development driven by socio-political and economic changes in the process of Ukrainian statehood establishment has been envisaged. The following periods of evolution of domestic legislation on criminal responsibility have been distinguished: 1) ducal period (9th – mid 14th centuries); 2) inclusion of Ukrainian lands into the Grand Duchy of Lithuania, Polish and Hungarian kingdoms and the Polish-Lithuanian Commonwealth (mid-14th – mid-17th centuries); 3) Zaporozhian Sich and Ukrainian Hetman State (mid-17th – end of 18th centuries) 4) accession of Ukraine into the Russian, Austrian and Austro-Hungarian Empires (end of 18th – beginning of 20th century); 5) Ukrainian Revolution and the restoration of Ukrainian state (1917-1921); 6) establishment and existence of Ukrainian Soviet Socialist Republic (1919-1991); 7) independent Ukraine (since 1991-2020).
The principle of humanism as a prerequisite for the content of somatic human rights
Authors: Hromovchuk M.
Published: August 2022

It is determined that human and civil rights are the most important institution, which has been developed not only in constitutional law, but also in the theory of law and in other sectoral legislation. In the second half of the XX century, this institution came to the fore, both domestically and internationally.The Institute of Human and Civil Rights and Freedoms is one of the most significant results of the legal development of society, from ancient times to the present day, when human rights have become an essential attribute of a democratic state governedby the rule of law. The modern approach with the declared principles of democracy is somewhat outdated and the whole world needs to rethink the acquired and find new approaches to understanding equality, justice, protection, etc.The necessary stability of the concept of protection of human and civil rights and freedoms is achieved by relying on a system of principles tested by science and practice. The viability and progressiveness of this concept is formed through a combination of legal, moral, traditional, and other socio-regulatory norms.Taking into account such an approach will prevent legal negativity from becoming a dominant phenomenon of the legal system, restrain the onslaught of legal nihilism and indifference.It is indicated that the principles are a kind of indicators that demonstrate the degree of development of the law itself, starting points that show the vector of legal regulation. Of course, the principles of law should reflect and express the basic values onwhich the law is focused, to carry the basis of “ideal” law. The purpose of legal principles is to ensure the ideological unity of lawmaking, law enforcement and law and order in general. They permeate the entire legal system of society, focusing its development on universal, most valuable ideals: democracy, justice, equality, humanism, individual freedom, etc.Definitely, humanism, as a legal category, is a worldview that considers man as a higher, self-sufficient and self-aware value. Humanism expresses the attitude to man in at least two ways: Thus, humanism is a certain moral requirement for humanbehavior, ie a certain category of moral awareness of man of the highest social value in the state.
Encouraging rule on exemption from criminal liability for the circulation of falsified medicines: problems of legislative construction
Authors: Parasiuk M.V.
Published: August 2022

The article is devoted to the analysis of the legislative structure of the encouraging rule, which contains a special type of exemption from criminal liability for the circulation of falsified medicines. It is argued that the effectiveness of the incentive norm is primarily determined by qualitative approaches to formulating the content of the grounds and conditions of exemption from criminal liability. The specificity of this special type of exemption from criminal liability is determined by a set of objective and subjective features of the crime under Article 321-1 of the Criminal Code of Ukraine. The public danger of this crime is significant, which is confirmed by its classification by the legislator as serious and especially serious crimes. It is established that the provision in the structure of this article of a legislative compromise in the form of encouragement, first of all, pursues the goal of rapid detection and prevention of crime by encouraging a certain type of positive post-criminal behavior of the guilty.

The position on recognizing as a condition for exemption from criminal liability the commission of actions that are alternatively provided for in part one of Article 321-1 of the Criminal Code of Ukraine, namely the manufacture, purchase, transportation, shipment, storage for sale of counterfeit medicines. It is noted that in the chain of actions aimed at introducing counterfeit drugs into circulation according to the degree of public danger, these forms of the objective side are equivalent.

In contrast to the positions previously expressed in the science of criminal law, it is proposed to determine the objective (danger of the most falsified drugs in terms of the composition of substances contained in it) and sub effective criteria (awareness of the person who acts in accordance with Part 1 of Article 321-1, these dangerous signs).

It is established that the existence of alternative grounds for dismissal creates problems in the application of this rule. The expediency of refusing to indicate the source of purchase of counterfeit medicines is justified, as active assistance in solving the crime includes this circumstance. Emphasis is placed on the inclusion in the legislative structure of the encouraging rule also to add the limits of the implementation of post-criminal behavior - to criminal prosecution. Based on the above, an updated version of the considered encouraging rule is proposed.
Ensuring the extradition of a person in the presence of "diplomatic barriers" as a special procedure for criminal proceedings
Authors: Zuev V.V.
Published: August 2022

The article examines the current practical obstacles to the extradition of persons (extradition) in cases of diplomatic or political conflicts. It is stated that there are no effective mechanisms for carrying out the tasks of criminal proceedings and legal regulation of activities in cases when the person who committed the crime and is subject to extradition is in a state that has uncontrolled territories, or when the person who committed the crime is subject to extradition under the extradition procedure, is in a state with which diplomatic relations have been terminated or completely terminated. International acts do not contain any guidelines for the algorithm of actions of states in resolving the issue of extradition of a person under such conditions. The case law of the European Court of Human Rights is analyzed, which provides an idea of the basic principles of activity in the presence of similar problems, the solution of which is a mandatory guideline for states to consider extradition in the presence of any diplomatic obstacles. This includes the existence of positive procedural commitments to conduct an effective investigation of the crime, the obligation to cooperate, including through informal practices. The article concludes that the extradition of a person (extradition) in the presence of the described "diplomatic barriers" is possible only in the case of the creation and development of appropriate international legal procedures, which may be one of the special procedures of criminal proceedings. It would be positive to establish a working group on the international platform to determine the minimum requirements that ensure proper legal procedure, the minimum algorithm and a list of participants (independent third party) who can help in such situations.
The Role of International Organization of Economic Co-operation and Development in the Formation of Principles of International Environmental Law
Authors: Petrenko A.A.
Published: August 2022

This article studies the significance and role of the regulatory activity of the Organization for Economic Co-operation and Development in the formation of the principles of such a comparatively new field of international law as international environmental law. It is shown that although at the time of its creation in 1960, the Organization for Economic Co-operation and Development was in no way an international organization of environmental character, but since the early 1970s, environmental issues have become an important area of international legal cooperation under the auspices of this organization. In 1971, an Environmental Protection Committee was formed within the OECD, now called the Environmental Policy Committee. During the 1970s, under the auspices of the OECD, the Recommendations on Guiding Principles concerning International Economic Aspects of Environmental Policies of 1972 and the Recommendation on the Implementation of the Polluter-Pays Principle of 1974 were adopted, enshrining the polluter-pays principle, which imposes on the polluter the costs of implementing pollution prevention and control measures to ensure that the environment is in good condition. The provisions of the OECD Recommendation on the Implementation of the Polluter-Pays Principle of 1974 were quickly implemented in the law of the European Communities and today the Lisbon version of the Treaty on the Functioning of the European Union contains it in paragraph 2 of Article 191, together with such principles of the European Union's environmental policy as the precautionary principle, the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source. The «polluter pays» principle is normatively enshrined only in The Rio Declaration on Environment and Development of 1992, The Convention on the Transboundary Effects of Industrial Accidents of 1992, etc. Regulatory activity under the auspices of the OECD were also essential for the establishment and formation of such principles of international environmental law as the principle of preliminary environmental impact assessment, the principle of undiminished environmental protection of other states and areas beyond national jurisdiction, etc.
Ensuring children’s rights in the context of armed conflict in Ukraine
Authors: Pylypyshyna I.I. , Turchenko O.G.
Published: August 2022

Ensuring the peaceful coexistence of people and protecting peace and prosperity are the main tasks of any state. Countries around the world are devoting significant efforts and resources to the establishment and operation of international organizations aimed at preventing armed conflict, which results in mass violations of human rights, including the rights of the child. The function of a large number of international organizations are aimed at ensuring the safety of their member countries. It emphasises the importance of ensuring the right to safety of a person, in particular a child, given that he or she belongs to a particularly vulnerable category of people that are in need of protection.

During armed conflict, largely, children suffer more from rights violations.

The article examines the consequences of armed aggression on the life of a child and identifies the features of ensuring certain rights of the child in the context of armed conflict in Ukraine .

The number of children affected by the armed aggression of the Russian Federation is analyzed, attention is paid to the issue of ensuring the child's right to safety, legislative regulation of the child's right to education, as well as problematic aspects that arise during this right. The peculiarities of placement of children that are left without parental care in family-type orphanages and foster families as a result of the Russian invasion of the territory of Ukraine have been studied.

It is concluded that states, as the main actors responsible for the lives and safety of their populations, need to increase coordination and interaction on the needs of children and youth during armed conflicts and in post-conflict situations. The parties to an armed conflict must strictly adhere to their obligations to protect civilians in general and children in particular, not only under international humanitarian law but also under general international law.
Mediation as one of the functions of the Ukrainian notarial process
Authors: Dolynska M.S.
Published: August 2022

This article is devoted to topical issues of legal regulation of notarial relations in the state.

Jurisdictional notarial activity in Ukraine is carried out in procedural form, ie through the notarial process.

One of the central issues of notarial relations in Ukraine is the functions of the Ukrainian notarial process.

The purpose of the study is to analyze the functions of the notarial process, to define the functions of the notarial process in Ukraine, to classify the main functions of the notarial process and to outline a new notarial-procedural function - mediation.

The author considers the main criteria for classifying the functions of the notarial process in Ukraine.

The main function of the notarial process is to perform notarial acts or conduct a notarial process.

The author defines the concept of functions of the notarial process.

Functions of the notarial process are the forms and means of influencing the behavior of participants in notarial legal relations provided by the current legislation for the purpose of settlement, according to the goals and objectives of the notarial process and notarial activity in the state as a whole.

The functions of the notarial process are not a rigid category, they are in constant motion, depending on the development of notarial activities and the notarial process, and the endowment of notarial bodies with new powers.

The importance of the functions of the notarial process is that they guide the development of the notarial process in the new pro-European movement, based on the main principles of Latin notariate.

The most common qualifications of the functions of notarial activity and notarial process are studied.

One of the new and extremely important functions of the notarial process is mediation.

Based on the analysis of works of scientists, normative-legal and legislative notarial acts, the author developed and substantiated the conclusions of the study and proposed amendments to the Law of Ukraine "On Notaries" in terms of control over the activities of state notaries.
Establishing custody of the property of a missing person in special circumstances: theoretical and practical aspects
Authors: Parasiuk V.M.
Published: August 2022

The scientific article emphasizes the special relevance of the study of ensuring the rights and legitimate interests of a person who has disappeared in special circumstances, in the context of establishing custody of property. Urgent resolution of the issue of the legal status of persons missing in special circumstances has led to a number of inaccuracies, inconsistencies and omissions, which can be traced in the provisions of the Law of Ukraine "On Legal Status of Persons Missing in Special Circumstances" of July 12, 2018 № 2505-VIII. The mechanism of protection of the rights and interests of persons missing in special circumstances is significantly complicated by the delay in approving the Regulations on the Unified Register of Persons Missing in Special Circumstances. Legislative editing of the unified concept of "missing person in special circumstances" is positively assessed. An important guarantee is that the acquisition of legal status from the moment of entering information about a person in the Unified Register of Missing Persons in special circumstances does not deprive interested parties of the right to apply to the court to declare a missing person, which allows to sell a number of other personal property. and non-property rights in relation to this category of persons. It was stated that the guardian should manage the property not on behalf of, but in the interests of the missing person. The possibility provided by law to apply to a notary for the establishment of guardianship over the property of such persons, determines the feasibility of establishing a separate special procedure for this notarial act. The use of this procedure, which is used to take measures to protect inherited property, violates the principle of legal certainty and can lead to numerous violations of the rights of missing persons in special circumstances. Emphasis is placed on the absence of a legally prescribed procedure for termination of custody of property in the event of the appearance of a missing person in special circumstances. It is argued that it is expedient to develop a form of a guardian's certificate on the property of a person who has disappeared under special conditions.
What is sexism?
Authors: Slovska I.
Published: August 2022

The article is devoted to the study of the definition and classification of sexism. Stressed that the word «sexism» became widely known during the women’s liberation movement of the 1960s. At that time, feminist theorists explained that the oppression of women was widespread in nearly all human society, and they began to speak of sexism instead of male chauvinism. Whereas male chauvinists were usually individual men who expressed the belief that they were superior to women, sexism referred to collective behavior that reflected society as a whole. Highlighted that today sexism means discrimination based on sex or gender, or the belief that because men are superior to women, discrimination is justified.The article emphasizes that sexism includes attitudes or ideology, including beliefs, theories, and ideas that hold one group (usually male) as deservedly superior to the other (usually female), and that justify oppressing members of the other group on the basis of their sex or gender. Besides, sexism involves practices and institutions and the ways in which oppression is carried out.

Summarized that several different types of sexism exist, and each of them can have harmful consequences. The six main types of sexism include: benevolent sexism and hostile sexism (benevolent sexism usually stems from a desire to protect women due to a belief that women are inherently weaker, more sensitive, or more innocent than men. Whereas hostile sexism punishes women for violating traditional gender norms, benevolent sexism encourages those traditional roles); аmbivalent sexism (this type of sexism combines both hostile and benevolent forms. It fuses the seemingly contradictory beliefs that women are both fragile and pure as well as manipulative and conniving); іnterpersonal sexism (this type of sexism occurs in everyday interactions with partners); іnternalized sexism (self-adoption of sexism); institutional sexism (this type of sexism occurs when institutions like the media, healthcare, law enforcement, education, religion, and banking reinforce sexist ideology).

Sexism can come from a wide range of sources: beliefs about traditional gender roles inherited from caregivers and educators; laws that promote different treatment of men and women; sexist imagery and language in pop culture and the media; lack of policies for responding to or penalizing sexism in the workplace, schools, and other sectors.
Reasonable terms of judicial review as an element of protection of the right to a fair trial in the context of the ECHR practice: the experience of Italy
Authors: Shcherbyna V.A.
Published: August 2022

The article analyzes the experience of Italy related to the obligation of the state to implement at the national level an effective mechanism for protecting the right to trial within a reasonable time, taking into account the case law of the European Court of Human Rights. It was also pointed out that the issue of implementation of the principle of fair trial is rather complicated. The author stated that the right to a fair trial, enshrined in the Convention for the Protection of Human Rights and fundamental freedoms, includes several components that expand and detail its contents. The article stated that the reasonable term of the trial is a separate element of accessibility of justice. The author determined that the term of judicial review begins to count from the moment of the submission of the claim to the court and it is finished by the execution of the court decision. At the same time, it can be considered reasonable, taking into account the complexity of a particular civil case, behavior of the applicant and government bodies, the importance of the question for the applicant or the special situation of the person who is applying to court for the protection of his violated, unrecognized or disputed right, freedom or interest. The author also drew attention to the fact that the overload of the judicial system can be caused by certain emergency situations, for example, economic recession, when the state cannot predict an increase in the number of disputes in advance.  The article stated that Italy is the first state to introduce legal measures of protection of the right to fair trial within reasonable time at the level of national legislation. The author noted that the understanding of the terms of the consideration of each civil case is guaranteed by fairness in the judicial process and it is a separate element of the accessibility of justice. The article determined that the ECHR does not recognize specific terms that could be considered reasonable or unwise, but the Court has developed certain criteria for assessing the understanding of such terms of judicial review, which will lead to greater effectiveness of judicial protection. On the example of experience of Italy, the author stated that the introduction of new legal mechanisms in the legal models of states cannot always solve the problem and such an approach requires more detailed research.
Conflicts and collusions as legal contradictions in environmental law
Authors: Yaremak Z.V.
Published: August 2022

The article is devoted to the analysis of doctrinal approaches to the concepts of "legal collision" and "legal conflict" and their reflection in ecological law. In the context of it the theoretically legal characteristics of the category "legal conflict" were carried out. It is concluded that a broad understanding of this concept, which is proposed in the theory of law, covers a variety of legal phenomena and entails the threat of substitution by other concepts similar in content and functional loads.

For this purpose, a comparative analysis of legal collision and legal conflicts in a scientific publication which based on a general feature that is inherent in both phenomena, namely, legal contradictions. It is convincingly well-proven that it is not necessary to identify these concepts, because the plane of their functioning is different: legal collision operates in the system of positive law whereas legal conflict - in the legal sphere during the social interaction of concrete subjects.

In the context of this issue, the question of  dialectical intercommunication is reflected between legal collision and legal conflict. This was facilitated by the analysis of legal conflict from the positions of legal theory. In the context of research of ecologically legal conflicts from position of environmental law theory has been installed the impact of environmental law norms on the emergence, development of conflict relations in the field of environmental protection and nature management. An estimation of the effectiveness was carried out of ecologically legal regulation of ecological conflict and the mechanism for resolving ecological conflicts. It is proved that high-quality legal regulation of ecological relations is an effective preventive mechanism of adjusting ecological conflicts, and, conversely, its imperfection complicates law enforcement practice.

It is concluded that in the case of legal collusion application, the existing contradictions between the norms of law will lead to a legal conflict as a contradiction between the subjects of legal relationships in connection with the realization of collision norms. At what such a determinant always generates rise to the actual ecologically legal conflicts, in contrast to other ecological conflicts, the preconditions for which may exist out of limits of ecological law.