bluuebunny/crossref_metadata_2025 huggingface dataset:
Peculiarities of the legal regulation of relations on the provision of educational services under quarantine restrictions
Authors: Svitlak I. , Podzharenko K.
Published: April 2022

This publication is dedicated to the study of problematic aspects of the legal regulation of education service provision with the use of information and communication technologies and modern digital education platforms in the context of quarantine restrictions and the development of e-education in Ukraine. Based on the analysis of the current legislation governing the relations with the provision of educational services the tendencies in the normative framework for the organization of the educational process in the conventional mode of mandatory compliance with all public policy requirements were identified, in a mixed (combined) form and with the use of distance learning technologies during the period of self-isolation and quarantine due to the spread of the COVID 19 coronavirus disease.

The meaning of the legal regulation of relations in the field of educational services provision is seen through the prism of doctrinal understanding of legal regulation as the effect of the rules of law on the subjects of these legal relations, aimed at ensuring the process of providing educational services in the established order.

It has been concluded that the widespread use of distance learning over the past two years has been approved at the level of secondary legislation and regulations, an analysis of their contents allowed us to identify positive and negative trends in the regulatory process (absence of certain terminological constructions on the scale of "mixed (combined) form of educational process organization", "online educational service", etc.) and to identify the characteristics of online educational services. The main impact on the legal regulation of the education sector has been shown to be the digital transformation caused by the COVID-19 pandemic. Lowdowns and quarantine restrictions have only become catalysts for the inevitable digitalization of education service provision. It has been found that digitalization of educational services is a global trend and that digital development is a prerequisite for the successful realization of each person's potential. As a consequence, it is believed that the regulation of online educational services, the establishment of requirements for digital competences for various occupational groups can solve a number of problems of an applied nature. In summary, the main vector of implementation of the legislation governing the provision of educational services under conditions of compulsory distance learning must remain the respect for people's rights. The solution of this problem is seen to be based on a balance between the interests of individuals and society, in line with the Ukrainians' request for adherence to the fundamental principles of civil society and implementation of the European experience of the regulation of private legal relations.
Genesis of the category of obligation through the prism of political and legal views of philosophers of Ancient China
Authors: Halas V. , Popovych T. , Telep Y.
Published: April 2022

This article is a comprehensive study of the category of obligation in the philosophical and legal thought of Ancient China. The authors conclude that the most ancient sources of the history of ancient Chinese philosophy are dominated by a theocratic perception of the category of obligation, culminating in the emergence of classical Chinese philosophy, which offers a more rational understanding of this category.

The first philosophical treatise to address the category of obligation is Shu Jing, but it does not reveal the nature of obligation, but lists the specific responsibilities of the state and officials in the organization of society. In this context, "obligation" serves as a principle, a maxim of moral and legal conduct.

The article states that in Confucius, obligation is a component of morality and is determined by one's social status. According to Confucius, if the social elite does not have a sense of obligation, they can revolt, while the lower classes, if they do not have a sense of obligation, can commit robbery. Thus, the authors come to the conclusion that the observance of responsibilities is the key to public peace, according to Confucius.

The study noted that the doctrine of responsibilities was gradually transformed from a general philosophical understanding into a political and legal one in order to effectively implement the latter in the practice of public administration. Followers of Confucius advocate a symbiosis of ritual and obligation, believing that they establish social order, and without them, human society could not exist. At the same time, the authors dwell on the philosophy of legism, whose representatives tried to form the institution of responsibilities as a legal category.
Procedural form of consideration of cases on recognition of debtor's laws invalid in bankruptcy cases
Authors: Guryn M.
Published: April 2022

The opening of bankruptcy proceedings against a debtor significantly changes both the legal regime of such debtor’s property and the procedure for resolving disputes to which the debtor is a party. In accordance with the principle of concentration of all property disputes in a bankruptcy case, the economic court, which hears such a case, resolves all disputes with the participation of the debtor. An important place among these disputes is occupied by cases of invalidation of the debtor’s transactions.

The article is devoted to the study of the procedural form of consideration of cases on the recognition of the debtor’s transactions invalid in the bankruptcy case. The author analyzes the concept of economic procedural form and its relationship with the bankruptcy proceedings, examines the characteristics of bankruptcy proceedings and identifies their effect in separate proceedings, which resolve disputes over the invalidation of the debtor's transactions.

The purpose of the article is to study the procedural form of consideration of cases on recognition of the debtor's transactions as invalid in the bankruptcy case and to highlight the features of consideration of cases on the recognition of the debtor's transactions as invalid within the bankruptcy case.

Bankruptcy cases are a form of economic process. Therefore, their consideration is carried out not only on the basis of a special act – the Code of Ukraine on Bankruptcy Procedures, but also on the basis of the general provisions of the Economic Procedural Code of Ukraine.

Based on the results of the study, the author concludes that claims for invalidation of the debtor's transactions in bankruptcy cases are considered in separate proceedings within the bankruptcy case. The decision to consider the claim for invalidation of the debtor's transaction shall be noted by the commercial court in the decision to initiate proceedings in the case.

It is important to distinguish between participants in bankruptcy proceedings in general and participants in such “mini-proceedings” to challenge the debtor’s transactions – primarily to correctly determine the range of participants in the case and entities entitled to appeal court decisions.
Freedom of Choice in the Context of the Right to Work (According to Paragraph 1 of Article 40 of the Labor Code of Ukraine)
Authors: Andrushko A.
Published: April 2022

In the field of labor law highlights the problem of freedom of choice in the context of the right to work, which is achieved through the will of man, aimed at self-determination of a possibility that has legal significance with awareness of responsibility for the consequences. Therefore, freedom of choice in the context of the right to work is seen as a process of forming a person in the field of work through himself, through his own will to work. Theoretical study of freedom of choice in the context of the right to work is carried out on the example of termination of the employment contract on the initiative of the owner or his authorized body under paragraph 1 of Art. 40 of the Labor Code of Ukraine. It is substantiated that the freedom of choice in the right to work upon termination of the employment contract under paragraph 1 of Art. 40 of the Labor Code of Ukraine is ensured by the fact that the employee has the right to choose a job from all vacancies that exist in the company, regardless of the structural unit in which he worked, as well as any other job, including fixed-term employment. It is emphasized that the limits of freedom of choice of the employee among the vacancies offered by the employer is that he can choose only one that corresponds to his education, qualifications, experience. Therefore, if at the time of reduction of the company there are vacancies in the staff list, but job descriptions of these positions provide for applicants the appropriate level of education, special qualifications, work experience, etc., which the employee with whom the employment contract is terminated under paragraph 1 of Art. . 40 of the Labor Code of Ukraine does not exist, the employer is not obliged to offer such positions to the employee. It is emphasized that the freedom of choice in the aspect of return employment can be realized provided that the owner accepts employees with similar qualifications. It is substantiated that the freedom of choice of the employer consists in expediency of application of item 1 of Art. 40 of the Labor Code of Ukraine and provides for its subjective right to make decisions on the effective development of enterprises, institutions, organizations, but such decisions may not go beyond its powers, defined by regulations and the statute of the legal entity.
On the issue of labor function of persons working outside the location of the employer
Authors: Zinchenko O.
Published: April 2022

Labor relations of persons working outside the location of the employer are now partially regulated by the Law of Ukraine "On Amendments to Certain Legislative Acts on Improving the Legal Regulation of Telework" of 04.02.2021 № 1213-IX. In particular, the law stipulates that remote and home work are forms of work performed outside the usual place of work in the employer's premises. At the same time, in practice, many questions arise about the peculiarities of the introduction of these innovative forms of labor organization, in particular about the labor function of persons working outside the location of the employer. The purpose of the article is to determine the employment function of persons working outside the location of the employer as one of the main conditions of the employment contract. It is stated that the current Labor Code of Ukraine not only does not contain a definition of "labor function", but also does not mention this legal phenomenon. As for scientific sources, there are different definitions of labor function, which, incidentally, do not contradict each other, but complement each other. In particular, the job function is defined as certain duties that are performed, are performed or should be performed by one person. That is, this is the work that is determined by the parties to the employment contract and which, in accordance with the concluded employment contract, taking into account the profession, specialty, qualification, position must be performed by the employee. After analyzing the current legislation, it was concluded that persons working outside the location of the employer are fully subject to labor legislation, taking into account the specifics and peculiarities of the regime, which are stipulated in the employment contract. One of the main conditions of such a transaction is the condition of the job function, ie the condition of the system of responsibilities to be performed by the employee in accordance with the profession (specialty, qualification) or position, which is a form of employment and changes with it according to scientific and technological progress and the development of labor relations, the range of activities of the employee.
To the understanding of public health systems in Ukraine
Authors: Berzina A.
Published: April 2022

The scientific article is devoted to the study of an important issue of public health in Ukraine. Today, the nation's health is a priority in the field of health care, both in terms of funding and regulation. This situation is due primarily to the COVID-19 pandemic.  The paper defines the concept of "public health" and its normative guidelines. The legislation in the field of health care in terms of ensuring the functioning of the public health system is analyzed. Public health is seen as a system of measures aimed at preventing disease, physical and psychological conditions, increasing life expectancy and quality of life through epidemiological surveillance of health indicators. The factors that determine the urgency of public health at the present stage of development of Ukraine are outlined. Emphasis is placed on epidemiological surveillance as a component of public health, on disease prevention. The article considers health risks as the probability of adverse health effects (including death) that occur in the presence of factors of physical, biological or any other origin, including of unknown nature. proposals for priority steps in the systematic update of public health regulations have been made. Such regulation should take into account the experience of combating COVID-19 on the ability to monitor indicators and risks to public health at both national and international levels; on public health emergencies. And this should be done with an emphasis on the competencies of public authorities in the field of public health. Public health should be a priority in the implementation of health policy, which will reduce the burden on the public health system in the long run.
Theoretical and legal aspects regulation public relations
Authors: Kravchuk S.
Published: April 2022

The article defines the means of social regulation, which include legal, moral, corporate, social customs, etc. At the same time, the norm is not the only means of influencing human behavior, as such means also embrace individual instructions, authoritarian orders, measures of physical, mental, organizational coercion and so on. Therefore, the legal regulation of social relations is defined by the author as a purposeful action on human behavior and public relations with the help of legal (juridical) means.

At the same time, the legislator faces the difficult task of maintaining a balance between legal regulation and social self-regulation. Before subjecting a public relation to normative regulation, it is necessary to substantiate the necessity and expediency of such a step, since the efficiency of legal regulation is determined by the compliance of the final result of legal regulation with the goals set by the legislator in the relevant legal norm. Therefore, the aim of the article is to determine the level of potency of legal norms that correspond to the objective conditions and laws of development of the society in which they operate. At the same time, their content must correspond to the social consciousness of the population, first of all to the principles of morality and the level of legal awareness, as well as to agree with the norms of its other branches.

Since the subject of legal regulation is social relations, the legal regulation is conditioned by certain objective and subjective factors. The author identifies the following factors: the level of economic development of the society; the social structure of the society; the level of maturity and stability of social relations; the level of legal culture of citizens; the level of determinancy of the subject, means and methods of legal regulation.

In a modern democratic state, the nature and types of these means are determined by a set of factors, among which the article highlights the patterns of development and fundamentals of the law system, as well as the level of the declared and actually valid rights and freedoms of man and citizen, enshrined both in acts of national law and in international legal acts ratified by the legislative body of this state.
Structure of public administration
Authors: Zhukova Ye.
Published: April 2022

The article is devoted to clarifying the essence of the structure of public administration. The content of the concept of "structure" is disclosed. It is substantiated that the structure should be understood as an external reflection of the system, which is a set of elements that characterize the essence of any legal phenomenon or process. Of particular importance is the provision of the integrity of the phenomenon or process under study with the help of structural links, as well as its identity to itself, despite changes in the environment.

The article found that to describe the structure at the methodological level, a number of its key features are used, which include connections (or relationships), elements, relationships, and functions, i.e. any structure consists of a number of elements that are in relationships or relationships with each other, while performing certain functions.

The type of public administration is an autonomous and independent of subjective perception area of activity of public administrations, in the course of which they, by exercising their competence, achieve the goals and compliance with the mission of their functioning.

The article determines that the structure of public administration and its methodologically correct expression are important for considering legal phenomena, in which, thanks to the structural approach, the most significant elements can be distinguished. the interrelationships between which give rise to certain patterns that find their consolidation both in the field of rule-making and law enforcement activities. As an ordered set of certain connections that exist within phenomena and processes and remain stable regardless of changes in external circumstances, the structure plays an important role in understanding the essence of public administration. To describe this structure at the methodological level, a number of its key features are used, which include connections (or relationships), elements, relationships, and functions, i.e. any structure consists of a number of elements that are interconnected. or relationships with each other, performing certain functions for this.
Administrative and legal status of juvenental prevention departments of the national police as subjects of offense prevention
Authors: Moroz O. , Kostovska K.
Published: April 2022

The administrative and legal status of the National Police, determined by the norms of administrative law, the legal status of such a body in the state mechanism and public relations system and proves that the legal status of the National Police is manifested in the goals, objectives and principles of this body. he enjoys, aware of the functional purpose and tasks assigned to him.

 Section II "Main tasks and competence of units of the Juvenile Prevention Unit" of the Instruction on organization of work of juvenile prevention units of the National Police of Ukraine states that among the main tasks of juvenile prevention units is preventive activities aimed at preventing misdemeanors among children, studying factors, causes and conditions. which contribute to this, taking measures within their competence to eliminate them. Important components of the administrative-legal status are to some extent provided by the administrative legislation. The legal basis of the administrative and legal status of juvenile prevention units of the National Police of Ukraine, as a subject of juvenile delinquency prevention, defined by the Constitution of Ukraine and the order of the Ministry of Internal Affairs of Ukraine "On approval of the Instruction on juvenile prevention units of the National Police of Ukraine" from 19 December 2017 1044.

Another element of the administrative and legal status of juvenile prevention units of the National Police of Ukraine as a subject of crime prevention among children is the structural and organizational unit, which contains regulations on the creation, reorganization, liquidation of police departments and structures; creation and change of structure concerning the organization, directions of work; control, etc.

A novelty in the activities of juvenile prevention units of the National Police of Ukraine was the adoption of the Order of the Ministry of Internal Affairs of Ukraine "On approval of amendments to the Instruction on the organization of juvenile prevention units of the National Police of Ukraine" from 25.06.2020 № 488.
Analysis of the legislative proposals for amendments to the Penal Code Of Ukraine aimed to overcome the pandemic disease COVID-19, caused by Coronavirus Sars-Cov-2
Authors: Matushenko O.
Published: April 2022

Draft laws of Ukraine towards the amendments to the Penal Code of Ukraine aimed to overcome the pandemic disease COVID-19, caused by Coronavirus SARS-COV-2 are analyzed, namely: "On Amendments to the Penal Code (concerning the criminal liability for violation of the established procedure for vaccination of citizens against infectious diseases)" registration № 4647 26/01/2021 and "On Amendments to the Penal Code of Ukraine in terms of liability for forgery of documents about preventive vaccination" registration № 6084 23/09/21.

Some disadvantages of the following drafts are identified: 1) importation into Ukraine of a vaccine not registered in the State Register of medicine products is currently considered as an illegal activity; 2) placing into turnover of an unregistered medical product is a falsification and entails criminal liability under the provisions of the current article 321-1 of the Penal Code of Ukraine. Therefore, it makes no sense to criminalize actions of this nature; 3) the level of public danger of the proposed criminal offense (Article 321-3 of the Criminal Code of Ukraine) is not sufficient for the existence of the sanction Part 1 – imprisonment and its classification as "minor crimes"; 5) establishment of separate (special) criminal liability for forgery of documents related to preventive vaccinations is an excessive criminalization; 6) introduction of the proposed criminal offense (Article 321-3 of the Penal Code of Ukraine) to Section XIII "Criminal offenses in the sphere of drugs, psychotropic substances, their analogues or precursors and other criminal offenses against public health" Special part of the PenalCode of Ukraine does not take into account principles of the existing criminal law doctrine on delimitation and definition of the object of criminal law protection.

The inexpediency of detailing the forms of the objective side of the proposed criminal offense (Article 321-3 of the Penal Code of Ukraine) by introducing the concepts of "dissemination" and "implementation", as well as the introduction of a broader understanding of the term "use" as a «violation of a prohibition to use (sales and implementation ") is established;

The ways to overcome the identified disadvantages and improve the norms of the analyzed bills are pointed out. It is concluded that it is impossible to adopt amendments in this form to the Penal Code of Ukraine.
Individual remarks on serious bodily harm
Authors: Mitrofanov I.
Published: April 2022

The facts of infliction of severe and moderate bodily injuries and the practice of forensic examination show that the consequence of criminally unlawful encroachment on the health of victims in many cases is a health disorder associated with permanent disability. Forensic examination faces legal uncertainty in establishing such consequences. The Rules of Forensic Medical Determination of the Severity of Bodily Injuries, approved by the Order of the Ministry of Health of Ukraine № 6 of January 17, 1995, paragraph 2.1.6 stipulates that a health disorder is a consistently developed painful process directly related to the injury. Furthermore, these Rules indicate that the amount of permanent (permanent) loss of general ability to work in case of injuries is determined after the consequences of the damage, based on objective data, taking into account the documents guided by the medical and social expert commission. However, today the Order of the Ministry of Health of Ukraine 05.06.2012 № 420 regulates the Procedure and Criteria for establishing medical and social expert commissions the degree of permanent disability in the percentage of employees who suffered health damage related to work. At the same time, the Criminal Code of Ukraine calls a sign of severe bodily injuries a health disorder combined with permanent disability of at least one third, moderate severity of injuries – long-term health disorder or significant permanent disability of less than one third, mild bodily injuries – short-term health disorders or minor disability. In other words, the Criminal Code of Ukraine does not indicate either general or professional capacity for work. The existence of legal uncertainty is stated, which calls into question the conclusions of the forensic medical examination. The results made it possible to identify gaps in the regulation of the order of establishment of health disorders, combined with permanent loss of general ability to work, as a characteristic feature of severe bodily injury. Ways have been found to further improve the procedure for conducting expert research on health disorders, combined with permanent loss of general ability to work, as a characteristic feature of bodily injury, which will help to avoid errors in forensic and judicial practice.
Problems of distribution of procedural expenses when dismissing a person from criminal responsibility
Authors: Kaplina O. , Sharenko S.
Published: April 2022

The article deals with the issues relevant to law enforcement practice related to the awareness of the legal content of Articles 118 and 124-126 of the CPC of Ukraine. Based on the generalization of the case law of the courts of first, appellate and cassation instances, it is concluded that in Ukraine there is a heterogeneous practice on the distribution of procedural costs for persons whose criminal proceedings is closed and the legality of recovering from the accused in favour of State related to the involvement of expert. The authors state that criminal justice is a resource-intensive type of state activity, which is due to many factors, among which effective counteraction to criminal offenses and solving criminal proceedings requires a state system of criminal justice, which should unite bodies and institutions with powers to conduct pre-trial investigations, supervise compliance with the law during pre-trial investigations, judicial control, judicial review of criminal proceedings, review of court decisions, execution of sentences, establishment and proper functioning of institutions of providing protection, representation and other legal assistance on professional basis, etc.

Given the high cost of criminal proceedings, almost all of the costs are borne by the state. This is not accidental, because through criminal proceedings the public interest expressed in Art. 2 of the CPC in the form of tasks of criminal proceedings. At the same time, it is advisable to collect some procedural costs from persons who have committed a criminal offense. However, scholars have not paid enough attention to the distribution of procedural costs in criminal proceedings. This has led to the existence of regulatory defects in the CPC of Ukraine, which were inherited from the CPC in 1960. By stating the lack of the unity of the law enforcement practice and judges’ approach to the interpretation of the provisions of Chapter 8 of the CPC “Procedural expenses”, the authors of the article seek to find out the essence of procedural expenses in criminal proceedings, decision on their distribution during the closure of criminal proceedings at the stage of pre-trial investigation or trial, in particular the release of a person from criminal liability, as well as whether to recover from the accused in favor of the state procedural costs related to the involvement of an expert, in case of closure of criminal proceedings and implementation of doctrinal interpretation of the provisions of paragraph 3 of the Part 1 of Art. 118 of the CPC regarding the definition of the concept of costs associated with the involvement of experts in criminal proceedings, in their systematic combination with the Law of Ukraine “On Forensic Science”.
Sanctions in the system of criminal legal means of security activities protection
Authors: Syiploki M. , Nytka Ya.
Published: April 2022

The article considers and analyzes the sanctions of the articles of criminal legal norms, which provide liability for criminal offenses against security activities. Emphasis is placed on the complexity of the researched issues, as the theory of criminal sanctions has not been developed yet; there are no clear principles and general rules for creating the limits of sanctions.

 The opinion of scientists on the institution of punishment in the criminal legislation of Ukraine is analyzed there. Punishment in its content is a statutory restriction of certain rights and freedoms of the convict. Depending on the specific type of punishment provided for in the sanction of the article of the Criminal Code of Ukraine, such a restriction may apply to certain personal, property and other human and civil rights and freedoms provided by the Constitution of Ukraine.

It is stated that the sanction is a mandatory component of the article or part of the article of the Special Part of the Criminal Code of Ukraine, which is a model of the type and scope of punishment, proportional to the public danger of a criminal offense under the current Criminal Code.

It is noted that sanctions for criminal offenses against security activities do not always adequately reflect the nature and degree of public danger of acts, as well as the design features of the dispositions of criminal legal norms.

It is concluded that the analysis of sanctions of articles of the Criminal Code of Ukraine, in particular, sanctions aimed at protecting security activities, shows that there are certain shortcomings that must be eliminated by the legislator.
European mechanisms for the protection of human rights in the field of artificial intelligence technologies (hereinafter - AI)
Authors: Kornieieva S.
Published: April 2022

The article examines the main challenges, faced by scientists and lawmakers in development of a regulatory framework for such technologies. The article reflects on the analysis of basic approaches, principles and concepts of regulation of AI technologies. The analysis revealed that the development and application of AI has raised many controversial legal and ethical issues, as well as complex institutions of law and legislation, and possibly even new branches of law.

Today, there is a lot of controversy among scientists in definition of a unified approach to the concept of "artificial intelligence". And this, in turn, affects the development of the legal framework, what requires a coordinated approach of specialists from different fields of research: technical, legal, ethical, etc. Also important and open to discussion is the ethical side of using such technologies. As it is seen, the concept of respect for human dignity has a high chance of being the basis for the legal regulation of AI. Because, even with differing views on the definition of AI, the goal of protecting human rights and ensuring their fundamental freedoms must remain paramount.

Important is the fact, that the immediate subject of research is technology, which is characterized by unprecedented speed and scale of development and change. This threatens the emergence of a significant number of risks and challenges to human rights, freedoms and legitimate interests, due to new advances in AI development. Scientists point out that one of the main challenges is to increase the gap between the rapid level of development of AI technologies and their implementation in society on the one hand, and the lack or obsolescence of research and legislation.

Another controversial issue addressed in the article is the uncertainty of the development of these technologies, which requires close cooperation of legal scholars with specialists involved in the development of AI systems to anticipate possible human rights violations that such technology may cause, as well as anticipation of the level and types of responsibility for the actions of AI systems.
Training of lawyers in Ukraine: problems and prospects of improvement
Authors: Kernoz Nelia , Stechenko Kateryna
Published: April 2022

The article examines the problems and prospects for improving the training of lawyers in Ukraine. It is emphasized that the current state of Ukrainian legal education is close to critical: the number of law graduates is much higher than the market demand, entrants show low results in entrance exams for law and employers are dissatisfied with their level of professional knowledge.
Training of lawyers in Ukraine is carried out in the "degree" form: the possibility of obtaining legal education in educational degrees "junior specialist", "specialist", "junior bachelor", "professional junior bachelor", "bachelor", "master". In the introductory campaign of 2021, 286 Ukrainian educational institutions opened their doors to lawyers: 245 – "classical", which are subordinated to the Ministry of Education and Science of Ukraine; 25 – "departmental", which are subordinated to the central executive bodies; 16 – private. It is departmental educational institutions that received 61.8% of the total state order of bachelors in the specialty 081 "Law", which significantly exceeds the amount received by "classical" educational institutions. The authors believe that this approach is unfair to entrants in law inconsistent with the provisions of Part 4 of Article 53 of the Constitution of Ukraine: "Citizens have the right to receive free higher education in state and municipal educational institutions on a competitive basis". This necessitates the improvement of the provisions of the Conditions of Admission to Legal Specialties to ensure justice as an important component of the rule of law.
In recent years, Ukraine has been trying to find and implement an effective training model that would optimize and significantly improve the professional level of future lawyers, meet international standards and practices, could ensure the competitiveness of the best graduates and their employment. According to the Concept for the Development of Legal Education, this is seen as a model of "end-to-end master's degree" – a five-year training program for lawyers with a master's degree immediately after completing general secondary education (no bachelor's degree).
According to the results of the study, the authors emphasize the urgent need to improve national educational legislation, taking into account the positive experience of training lawyers in foreign countries and its adaptation to international standards and practices.
Correlation between the concepts of “finance” and “financial resources”
Authors: Kozynets I.G. , Berdnik S.S.
Published: April 2022

This article is devoted to determining the legal and economic nature of financial resources. The relevance of this topic is due to the fact that financial resources are the main goal in achieving financial stability of the state, which increase the chances of survival in a market disaster, ensuring the repayment of obligations to government agencies and creditors and bring income to owners.
The article analyzes the approaches of scholars to define the meaning of “finance” and “financial resources” reveals the essence of public finance, which means economic relations related to the formation, distribution and use of funds to perform functions and tasks of the state.
The purpose of this article is to determine the content and amount of financial resources, as well as to clarify in terms of financial and legal research of their public nature.
After analyzing the approaches of scientists, it is determined that finance as an economic category is considered as a system of economic relations, in the process of which funds are formed and used. It is proposed to define finance as a system of economic relations regulated by law, as a result of the functioning of which monetary funds are formed and used. While financial resources are an integral part of economic resources, which are funds of monetary and budgetary systems used to ensure continuous operation and development of the economy. for socio-cultural activities, management and defense needs.
The authors came to the conclusion that the financial support of the state is a set of measures defined by regulations aimed at mobilizing the necessary amount of financial resources to ensure the economic basis of comprehensive and timely implementation of the state’s functional responsibilities. Due to the new economic approaches that give rise to legislative innovations, the structure of the financial system, which is formed by a combination of public and private finances, has changed significantly in recent years and acquired new forms and features.
Concepts and goals of public administration in the security and defense sector
Authors: Shopina I.M.
Published: April 2022

The article is devoted to defining the concepts and goals of public administration in the security and defense sector. The author stated that public administration in the security and defense sector is currently developing at a very fast pace, which is associated both with the need to concentrate efforts of the state and civil society to repel Russian aggression, and with the intensification of the process of North Atlantic integration. Taken together, these factors confirm the relevance and importance of defining the concepts and objectives of public administration in the security and defense sector.

The article clarifies that the new paradigm of public administration does not deny taking into account and using the previous successful experience in the functioning of state institutions, including military formations. Conversely, the reasons for ineffective activity in different areas should be the subject of scientific analysis in order not to repeat the mistakes of the past in the future. The main criteria for the effectiveness of public administration in different historical periods must necessarily cover the protection of human and civil rights and freedoms, as well as the implementation of the principle of humanism.

The article formulates the definition of public administration in the security and defense sector as a complex of administrative and legal means, the combination of which allows transforming public relations to achieve a higher level of protection of human and civil rights and freedoms, strengthening the defense capability of our state and reducing the impact of threats to national security.

The author proposes defining the goals of public administration in the security and defense sector. It was found that they cover: a) provision, protection and renewal in violation of national interests from external and internal threats to the national security of Ukraine; b) provision, protection and renewal in case of violation of the rights and freedoms of individuals and legal entities in their relations with subjects of the security and defense sector; c) improvement of the military command and control system.
Juvenile victimization's features and ways of it's prevention
Authors: Berdnik I.V. , Berebenets K.A.
Published: April 2022

The article is devoted to the peculiarities of the victimhood of minors in the mechanism of criminal behavior.

The aim of the article is to study the main features of victimhood of minors and identify ways to prevent it. The authors propose their own classification of sources of increased victimhood of minors. Particular attention is paid to the identification of determinants that contribute to the victimization of minors. Analysis of juvenile victimhood and its components allowed the authors to reveal the characteristics of the juvenile's personality, identify factors and conditions that catalyze this process, and socially justified measures to be developed and taken for victimological prevention of juvenile involvement in illegal activities. Examining the consequences of domestic violence against minors, the authors noted that they are closely related to many adverse health effects that affect the functioning of the brain and nervous system, gastrointestinal tract and urogenital system, immune and endocrine functions. The propensity for violence in childhood is also closely linked to further risky behaviors, such as alcohol and drug abuse and smoking. Juvenile victims of violence are also at increased risk of depression, anxiety, post-traumatic stress disorder, and suicidal behavior.

For society, domestic violence is manifested in the loss of human lives as a result of murders and suicides of minors, as well as the emergence of persons with mental and physical disabilities, low social status and deviant behavior. It should also be emphasized that a child can be both a direct and indirect victim (witness of violence) and at the same time face serious negative consequences that affect the emotional and cognitive well-being of the individual at each stage of development.
Somatic (personal) rights: conceptual and categorical principles
Authors: Gromovchuk M. V.
Published: April 2022

In the context of the research topic, the author focused on the conceptual and categorical apparatus. The focus is on the issues of "somatic" and "personal" categories in the context of human rights. It is established that there is no consensus on the content and terminology of such rights. Moreover, the terminological aspect seems to us no less important, because semantic unambiguity in law is a necessity that avoids contradictions between the definition of the term and its legal essence, difficulties in interpreting the laws. Violation of the requirement of uniformity in definitions leads to the emergence of "terminological polysemy".

It is noted that despite a number of scientific approaches to the problem of personal rights, diversity of opinion and radically different understanding of the purposes of recognition of these rights by morals, ethics, religion, politics, studied in terms of law and philosophy, it follows that these rights are different close connection with fundamental rights and the physiological essence of man, dependence on progress in biomedicine, is the product of modern society, require an appropriate mechanism of legal support and, undoubtedly, is a large group of human rights. Personal (somatic) rights need to determine a worthy place in the human rights system and the system of Ukrainian and international law.

The author considers it appropriate to use the term "somatic rights" and not "personal", first, because of the explanation of the danger of possible pluralism in socio-humanitarian knowledge and the terminological similarity of the definition of "personal" rights with "personal" human rights and, according to -second, due to the fact that substantiating the legal scientific nature of the term "personal" rights, the main semantic load is precisely the word "personality"; these are rights that have an individual, "purely personal character."
Genesis of criminal protection of the rights of minors in Ukraine
Authors: Titochka Т.І.
Published: April 2022

The article examines the genesis of criminal protection of the rights of minors in Ukraine. It is pointed out that for a long time most issues were decided by the church. Given that children were not yet considered full members of society, a person who committed a criminal offense against them was subject to ecclesiastical punishment, not criminal. That is, in the days of Kievan Rus, the legislator already recognized minors as full-fledged subjects of social relations, and also allowed them to be considered victims of socially dangerous acts, but full protection of rights and freedoms was not provided. Attention is drawn to the fact that the first years of the twentieth century can be called stagnant for juvenile justice. The attention of the legislator regularly changed depending on the direction of state policy development. Revolutions, wars, the search for new ways to build the country by leaders with a partially totalitarian nature of government led to the establishment of a single value - property, the interests of the state in the representation of its ruling elite. That is why the attitude towards juvenile victims has changed regularly. It is concluded that the XXI century has defined man, his rights and freedoms as the highest value, which should be protected, first of all, from those acts that have increased social danger. Criminal law, evolving over the centuries, due to its multicomponent nature has become the basis for the development of criminology, which distinguished itself from victimology. This thesis suggests that criminal law and, consequently, criminal law, gives impetus to the development of auxiliary sciences necessary for the successful implementation of its tasks: prevention (both deterrence of offenders and deterrence of victims of victim behavior) and punishment in order to re-educate the offender and protect the state and society in the person of the victim from subsequent possible socially dangerous encroachments). Thus, to date, criminal law is not only "about and for" the criminal offender, but also for the victim.
Judgment performance: individual problems
Authors: Ustrytska N.
Published: April 2022

It is investigated that the peculiarities of criminal responsibility and punishment of minors are its individualization, which is based on the maximum consideration of biological, psychological and social immaturity of minors. That is why the state flexibly reacts to such age peculiarities and establishes special rules of criminal-legal influence on such persons. One of the manifestations of individualization of juvenile punishment is an exhaustive list of types of punishment that can be applied to them and the terms of their execution and serving. Attention is drawn to the impossibility of imposing any of the penalties listed in the sanction due to certain age restrictions, restrictions and property status of the person. Such legal restrictions on the application of juvenile punishment lead to unfavorable conditions compared to adults who have committed the same criminal offenses, as the only possible type of punishment is imprisonment. In other cases, on the contrary, the juvenile is not subject to appropriate measures of criminal law and, accordingly, there is a situation of impunity. Thus, at the present stage of development of criminal law, the regulation of the system of juvenile punishment requires its renewal.

It is investigated that in the draft Criminal Code of Ukraine the types of punishment for minors are reduced to fines, fines and imprisonment (Article 3.10.3 of the draft Criminal Code). Such a system of punishments is also not without flaws, as a person who has no income or property is sentenced to imprisonment (crimes of 1-3 degrees) (Article 3.1.7 of the draft Criminal Code "Sanctions"). Punishments such as community service, correctional labor and arrest have become part of probation.

In resolving problematic issues of the application of punishment to minors, it is expedient to turn to international standards in the field of protection of the rights and freedoms of minors. International recommendations are aimed at "restricting or imprisoning a minor only as a last resort and for a minimum period" and "the need for the widest possible application of educational, labor, supervisory, educational, socially oriented, preventive non-criminal measures."