bluuebunny/crossref_metadata_2025 huggingface dataset:
DAMPAK PEMBELAJARAN SISTEM DARING TERHADAP ACADEMIC FRAUD PADA MASA PANDEMI
Authors: Ummah Yumna Rifdatul , Juwita Nurma
Published: September 2022

The purpose of this research is to see the impact of learning using a bold system on the level of academic cheating that can be done by students. This research is a quantitative study using primary data. The data were obtained by distributing questionnaires to accounting students at the Muhammadiyah University of Surakarta. In the process of analyzing the data, the researcher used the incidental sampling technique. Incidental Sampling, is a technique where the researcher determines the research using the right principles. Where the researcher accidentally meets the respondent, and the respondent is matched by the researcher, the researcher makes the respondent a sample.Based on the results of data processing, it can be concluded that tcount 6.873> 1.655 t table and sig 0.00 <0.05 α. So, it can be ignored that the learning process has an effect on academic fraud. The results of this study are in accordance with the theory of diamond fraud which is related to the dimension of opportunity. In the dimension of diamond fraud, that someone is cheating because of opportunity. Students cheat during the learning process which is daring, because of supervisors from the problematic party.Keywords: Online Learning, Academic Fraud
PARADIGMA BARU PROGRAM STUDI PENDIDIKAN NON FORMAL/PENDIDIKAN LUAR SEKOLAH (PNF/PLS) DI ERA VUCA
Authors: Ivan Muhammad
Published: September 2022

Penguasaan data dan informasi memiliki peran signifikan bagi program studi Pendidikan Non Formal/ Pendidikan Luar Sekolah (PNF/PLS) untuk beradaptasi di era disrupsi. Era disrupsi identik dengan kondisi VUCA yang merupakan singkatan dari Volatile (bergejolak), Uncertain (tidak pasti), Complex (kompleks), dan Ambigue (tidak jelas). Kondisi tersebut mengubah berbagai tatanan politik, ekonomi, sosial, dan budaya yang berdampak pula pada dunia pendidikan. Penelitian ini bertujuan untuk menunjukkan paradigma baru dalam memproyeksikan lulusan PNF/PLS yang berdaya saing. Hasil penelitian menunjukkan bahwa paradigma baru akan memberikan efek positif dalam mengubah mindset program studi PNF/PLS.
Peran Orang Tua Peran Orang Tua Dalam Membentuk Karakter Anak Di Era Digital
Authors: Damayanti Hany Lusia
Published: September 2022

ABSTRAK

Pendidikan karakter dapat diartikan sebuah proses dalam mengembangkan sikap dan pribadi menjadi lebih baik. Pendidikan karakter juga sebuah usaha untuk memahami, peduli dan melaksanakan segala ketentuan yang ada. Tujuan penelitian ini adalah untuk mengetahui peran orang tua dalam membentuk karakter anak di era digital. Metode penelitian yang digunakan penelitian kualitatif. Teknik pengumpulan data dengan cara wawancara. Subjek penelitian meliputi 7 responden yang terdiri dari orang tua dan anak. Hasil penelitian ini menjelaskan bahwa peran orang tua sangat penting dalam membentuk karakter anak selama pembelajaran daring. Apalagi pada saat anak menggunakan gadget dalam proses pembelajaran daring, orang tua selalu mendampingi dan menemani anak supaya anak tidak menonton atau membuka aplikasi yang menimbulkan dampak negatif untuk moral anak. Jadi, lingkungan keluarga salah satu hal yang sangat mempengaruhi akan keberhasilan pembentukan karakter anak yang dilakukan oleh orang tua selama dirumah.
Eksplorasi Etnomatematika Pada Alat Musik Talempong Asal Minangkabau sebagai Inovasi dalam Pembelajaran Matematika
Authors: Ashari Jamaluddin
Published: September 2022

Talempong merupakan salah satu alat musik khas Minangkabau, sebagai warisan budaya talempong tidak hanya berfungsi sebagai alat musik, namun juga sebagai media pembelajaran matematika. Tujuan dari penelitian ini adalah mengeksplorasi konsep matematika pada alat musik talempong, sehingga dapat diimplementasikan dalam pembelajaran matematika. Jenis Penelitian ini adalah deskrpitif kuantitatif yang bersifat eksploratif terhadap alat musik talempong. Hasil penelitian menunjukkan bahwa terdapat konsep bangun datar yaitu lingkaran dan trapesium. Konsep bangun ruang yaitu tabung dan bola, serta konsep barisan aritmatika dari penjabaran konsep bangun datar dan bangun ruang.
Permasalahan dan Urgensi Bimbingan dan Konseling pada Pembelajaran Jarak Jauh di Banjarmasin
Authors: Nuraini Helma , Rosyida Aina
Published: September 2022

Dalam menghadapi disrupsi ganda akibat pandemi dan perkembangan IT, sekolah dituntut untuk mengoptimalkan Pembelajaran jarak jauh (PJJ). PJJ menyisakan persoalan yang kompleks dalam proses pembelajaran dan permasalahan psikologis peserta didik dan guru. Bimbingan dan Konseling (BK) berperan strategis menangani masalah ini, namun juga terkendala dalam memberikan layanan. Penelitian ini bertujuan untuk 1) mendeskripsikan layanan BK, 2) menjelaskan kendala dan 3) solusi yang ditemukan guru BK selama kegiatan PJJ. Penelitian ini berjenis field research dengan pendekatan kualitatif, dengan subjek 16 orang guru BK di SMP dan Mts, SMA dan MAN, dan SMK dari sekolah negeri dan swasta di Kota Banjarmasin. Penelitian menghasilkan kesimpulan  umum, meliputi 1) Layanan BK difokuskan pada layanan belajar dan pribadi. Layanan BK dan komunikasi dilakukan secara online, pembuatan konten layanan bermedia menggantikan layanan face to face, namun di beberapa sekolah layanan home visit justru meningkat. 2) Guru BK mengalami kendala dalam keterbatasan waktu layanan dan komunikasi dengan peserta didik, keterbatasan penguasaan IT, kuota data internet, serta beban kerja yang semakin bertambah selama PJJ. 3) Permasalahan yang belum terselesaikan diatasi dengan melakukan pendekatan secara personal dengan peserta didik, berkomunikasi dan berdiskusi dengan organisasi guru BK dan belajar menggunakan IT dan media sosial secara online. Sebagai rekomendasi, sekolah, organisasi guru BK dan pemerintah perlu untuk merumuskan dan mengimplementasikan format strategis layanan BK selama pandemi meliputi satuan layanan terstandar, pembuatan aplikasi terintegrasi yang lebih memudahkan guru BK melakukan layanan yang terintegrasi dengan kegiatan PJJ serta pelatihan penguasaan IT dan keterampilan pemberian layanan BK secara online.
PERANAN STRATEGI METAKOGNITIF DALAM MENINGKATKAN KEMAMPUAN BERFIKIR SISWA DAN PENERAPANNYA DALAM PEMBELAJARAN FISIKA
Authors: Fitri Afra Asysyaa , Fitri Afra Asysyaa , Fitri Afra Asysyaa
Published: September 2022

Dalam strategi metakognitif yang diterapkan pada pembelajaran fisika, strategi ini dapat meningkatkan pemahaman tentang kemampuan kognitif yang perlu dimiliki untuk membantu meningkatkan prestasi belajar fisika. Strategi metakognitif mampu meningkatkan kesadaran siswa untuk memahami apa yang mereka butuhkan dalam menghadapi suatu pelajaran, sehingga dengan menerapkannya dalam pembelajaran akan dapat meningkatkan kemampuan berpikir dan prestasi belajar siswa.

Penelitian ini bertujuan untuk mengetahui mengapa strategi metakognitif dapat meningkatkan kemampuan berpikir siswa dalam pembelajaran fisika di SM.  Jenis penelitian ini adalah penelitian meta-analisis. Meta-analisis secara sederhana dapat diartikan sebagai analisis analisis. Sebagai sebuah penelitian, meta-analisis merupakan kajian terhadap sejumlah hasil penelitian dalam masalah yang serupa. Teknik pengumpulan data akan menggunakan teknik analisis kuantitatif dan kualitatif dengan teknik persentase (%). Langkah-langkah pelaksanaan pembelajaran metakognitif menurut John Flavell adalah 1) 

perencanaan kegiatan, 2) penetapan tujuan, 3) evaluasi dan pemantauan proses (refleksi), 4) pengembangan strategi.

Strategi metakognitif sangat penting untuk diterapkan karena dengan strategi ini siswa diberi kesempatan untuk mengembangkan cara berpikirnya sendiri. Dalam belajar, siswa dapat mengetahui apa yang telah dipelajarinya, dan dari apa yang telah dipelajarinya, siswa dapat mengetahui apa yang sudah diketahuinya dan apa yang belum diketahuinya. Dengan mengetahui kelebihan dan kekurangannya, siswa akan memikirkan cara/strategi untuk meningkatkan kemampuannya karena setiap orang cenderung lebih memahami dengan metode/strategi belajarnya masing-masing. Dengan kata lain, strategi metakognitif adalah cara untuk mengaktifkan pengetahuan metakognitif siswa.
Multifrequency-based non-linear approach to analyzing implied volatility transmission across global financial markets
Authors: Boateng Ebenezer , Asafo-Adjei Emmanuel , Gatsi John Gartchie , Gherghina Ştefan Cristian , Simionescu Liliana Nicoleta
Published: September 2022

Research background: The contagious impact of the COVID-19 pandemic has heightened financial market's volatility, nonlinearity, asymmetric and nonstationary dynamics. Hence, the existing relationship among financial assets may have been altered. Moreover, the level of investor risk aversion and market opportunities could also alter in the pandemic. Predictably, investors in the heat of the moment are concerned about minimizing losses. In order to determine the level of hedge risks between implied volatilities in the COVID-19 pandemic through information flow, it is required to take into account the increased vagueness of economic projections as well as the increased uncertainty in asset values as a result of the pandemic.
Purpose of the article: The study aims to examine the transmission of information between the VIX-implied volatility index for S&P 500 and fifteen other implied volatility indices in the COVID-19 pandemic.
Methods: We relied on daily changes in the VIX and fifteen other implied volatility indices from commodities, currencies, and stocks. The study employed the improved complete ensemble empirical mode decomposition with adaptive noise which is in line with the heterogeneous expectations of market participants to denoise the data and extract intrinsic mode functions (IMFs). Subsequently, we clustered the IMFs based on common features into high, low, and medium frequencies. The analysis was carried out using Rényi transfer entropy (RTE), which allowed for the evaluation of both linear and non-linear, as well as varied distributions of the market dynamics.
Findings & value added: Findings from the RTE revealed a bi-directional flow of negative information amid the VIX and each of the volatility indices, particularly in the long term. We found this behavior of the markets to be consistent at varying levels of investors' risk aversion. The findings help investors with their portfolio strategies in the time of the pandemic, which has resulted in fluctuating levels of risk aversion. Our findings characterize global financial markets to be ?non-linear heterogeneous evolutionary systems?. The results also lend support to the emerging delayed volatility of market competitiveness and external shocks hypothesis.
Regarding the classification of social guarantees of notaries in the field of education and professional training
Authors: Buhlak O.H.
Published: September 2022

The article considers the main regulations that determine the need for professional training and advanced training of notaries. It was also emphasized that this is not a right, but a duty of a notary, and therefore the state must create all the conditions for the exercise of this right. It is proposed to divide the guarantees of notaries in the field of education, vocational training and advanced training into three main groups: 1) general guarantees: a) own right to education, vocational training, advanced training; b) the availability of modern tools and technologies for training notaries; c) the ability to use a variety of information resources and resources contained in libraries; d) free provision of textbooks, manuals, other information resources for the period of study and the possibility of their further acquisition for direct work (at the request of a notary), etc. 2) special guarantees: a) service in educational institutions for the purpose of training and advanced training; b) implementation of the forms of raising the professional qualification of notaries provided by normative legal acts; c) guarantee of participation in unscheduled and additional training activities; d) guarantees applicable to notaries who are just beginning their notarial activities; e) guaranteeing the receipt of the relevant document on the training of a notary; f) choice by the notary of the type of advanced training; g) a guarantee of comprehensive training or advanced training of a notary; g) choice by the notary of the form of participation in the process of training or advanced training. 3) guarantees that are not related to the direct process of education and training: a guarantee of preservation of the job by a notary for the period of training. The problem of lack of guarantee of exemption from the obligation to improve the skills of a notary in some cases, which scientists have proposed to include long-term temporary incapacity of the notary, which effectively deprives the notary to improve their skills due to health. Scientists stressed the importance of updating the legislation in the field of education and vocational training of notaries, taking into account not only all aspects of notarial activities, but also modern technologies in the field of education and training.
Disputes in the sphere of social security: ways of prevention, essence and methods of resolution in the countries of the European Union
Authors: Vennikova V.V.
Published: September 2022

The article examines the European experience of considering disputes in the field of social security, the ways of their prevention, the essence and methods of resolution, the possibility of borrowing positive assets of foreign states in the law enforcement practice of Ukraine is considered.

Having analyzed the European experience of resolving disputes in the field of social security, three ways of their possible settlement are distinguished: 1) with the help of special courts on social security issues (sectoral justice); 2) through a civil process in general courts; 3) by means of conciliation and arbitration procedures.

It was determined that a social model has developed in European countries, which is based on such values ​​common to all EU member states, such as: a close connection between the level of economic development and social progress; high level of social security, which is universal in nature; developed legislation; equal opportunities and fight against discrimination; production democracy; dialogue of social partners within the framework of contractual relations; availability of developed social infrastructure; the key role of the state in solving social problems; the struggle for employment and eradication of the phenomenon of social rejection and poverty; decent salary; social justice and solidarity in society. These basic values ​​also formed the basis of consideration and resolution of disputes in the field of social security. The listed values ​​should form the foundation of the Ukrainian theory and practice of social disputes. It was determined that the national specifics and practice of each European state provide for the use of various methods of resolving social disputes with recourse to social courts, reconciliation services, mediation, arbitration and mediation. The activity of social courts is based on the principles of tripartite cooperation (tripartism). Court cases are considered by a panel consisting of a professional judge and two non-professional judges.

In addition, state mediation and mediation are effective measures for the pre-trial resolution of social disputes in the EU countries. They contribute to the relief of the judicial system, saving time and financial resources of the parties to the dispute. These institutions are little known for Ukraine and, at the same time, promising.
Peculiarities of the application of labor legislation on the material responsibility of employees
Authors: Voitsyshena O.V.
Published: September 2022

The article analyzes the peculiarities of the application of material liability to the employee in the labor legislation of Ukraine. It is noted that the material responsibility of the employee is a type of legal responsibility. The evolution of the category "material liability" is studied in order to form a kind of generalized concept of the development of the studied legal relations in Ukraine, to eliminate conflicts and fill gaps in legal regulation, to improve it, in general, with the aim of maximum compliance with the current stage of development of the labor market in Ukraine. In the scientific article, the author considered in detail the issue of legal responsibility, which in the process of writing the scientific work allowed to consider in more detail the understanding of the material responsibility of the employee. The article examines the approaches of labor law theorists of Ukraine: P.E. Nedbayla, B.L. Nazarova, P.S. Lutsyuka, O.V. Zaichuka, N.V. Vasylchenko, N.M. Khutoryan, M.I. Inshina and others. regarding the definition of the essence and content of the concept of material responsibility, the author's vision regarding the content of this legal institution was formed. The author states that norms should be included that take into account both positive and negative aspects of legal responsibility. Also, the article examines in detail the contract on material responsibility as one of the main grounds for full material responsibility of the employee. The article considers judicial practice in cases of compensation for damage caused to enterprises, institutions, organizations by their employees, where clarification was made on the issue of determining the amount of material damage caused by employees' arbitrary use for personal purposes of technical equipment (cars, tractors, cranes, etc. .p.), belonging to enterprises, institutions, organizations with which they are in labor relations. In the course of the study, it is concluded that the labor legislation of Ukraine foresees different approaches to material responsibility depending on a wide range of circumstances: different forms of guilt, labor situations, etc., because quite a variety of legal relationships arise in a complex labor process. Liability also depends on the type of property that was damaged, the purpose of finding this property from the employee, the method and circumstances under which the damage was caused.
The genesis of legal regulation of land registration relations
Authors: Khominets S.V. , Shulga M.V. , Danilik D.M.
Published: September 2022

The article is devoted to the coverage of the historical and legal aspect of the development of the institute of state registration of property rights to land plots in Ukraine. In particular, the evolution of the provisions of the land legislation regarding the establishment and functioning of the central body of executive power, which was entrusted with the powers in the field of state land registration activities, was analyzed.

The essence and significance of the state registration of property rights to land plots is defined. An analysis of social relations was carried out within two "parallel" registration procedures that directly concern land plots: registration of land plots in the State Land Cadastre and registration of property rights to land plots in the State Register of Rights to Real Estate. Deficiencies of land legislation in the field of institutional and functional provision of state registration of property rights to land plots and in the field of providing guarantees for the protection of land rights of citizens and legal entities in the process of registration actions have been identified. Ways to overcome practical problems that arise as a result of the imperfection of certain provisions of land legislation in the field of registration are formulated.

Thus, the need to functionally combine the information of the State Land Cadastre with the information of the State Register of Property Rights to immovable property by transferring the function of state registration of land plots to the body that performs the functions of state registration of property rights to immovable property is substantiated.

The expediency of returning to the original version of the Law of Ukraine "On State Registration of Property Rights to Immovable Property and Their Restrictions" in the matter of strengthening guarantees for the protection of the rights of citizens and legal entities in the process of registration activity through the creation of a guarantee fund to compensate for losses caused by the fault of the state registration body of rights has been substantiated.
Information protection in the context of information security
Authors: Baran M.V.
Published: September 2022

The article based on current legislation from the standpoint of adaptation of the national legal framework to the requirements of the European Union considers the protection of information in the context of information security. The methodology of scientific research based on factor, causal analysis, aimed at identifying the circumstances for a comprehensive and systematic study of the nature of the impact of information protection on information security. The relevance of the study is due to the impact of the development of information and communication technologies on information protection in the context of information security. It is noted that information security covers the protection of confidentiality and ensuring the state of protection of constitutional rights and freedoms of man and citizen, provides access to and use of information, raising questions about the protection of information. Information protection ensures the integrity, reliability, accuracy and completeness of information.

Regulatory and legal regulation of information protection includes norms that regulate public relations that arise in the process of information interaction between individuals and legal entities and the state. It pointed out that the development of the digital economy has necessitated amendments to the legal regulation of information protection, which does not have time to adequately respond to changes in technological and social aspects in society. The need to protect trade and professional secrets, state secrets, insider information, personal data is emphasized. Based on the analysis of the implementation of information protection to ensure the confidentiality of restricted information in the context of information security, a number of patterns are identified, which are taken into account in determining trends in information protection. It is stated that the protection of information should be regulated for all types of restricted information.
Law enforcement functions in the activities of the personnel of the State Criminal and Executive Service of Ukraine
Authors: Bodnar I.V. , Puzyrov M.S.
Published: September 2022

The article is dedicated to the theoretical and legal analysis and doctrinal substantiation of law enforcement functions in the activities of the personnel of the State Criminal and Executive Service (SCES) of Ukraine.

It is noted that the effectiveness of the personnel’s activities depends on its social and legal guarantees, which make it possible: firstly, to maintain the prestige of one or another profession (service), its social weight (role and significance); secondly, to provide personnel and their family members with the constitutional right to a sufficient standard of living for themselves and their families, which includes adequate food, clothing, and housing (Art. 48 of the Basic Law of Ukraine); thirdly, to guarantee the safety of workers and their close relatives.

The conducted analysis showed that in the conditions of executing by the SCES of Ukraine the task of implementation of the state policy in the field of execution of criminal punishments (during which one of the key criminal and executive principles is ensured – the safety of convicts and personnel), it is quite appropriate for the SCES of Ukraine to belong to the law enforcement sphere, with the exception of educational institutions, which follows from Art. 11 of the Criminal and Executive Code of Ukraine and Art. 6 of the Law of Ukraine «On the State Criminal and Executive Service of Ukraine».

It was emphasized that the recognition of some institutions of the SCES of Ukraine as law enforcement agencies and the special types of operational and service activities of their employees require increased legal and social protection of the personnel of the SCES of Ukraine, which are guaranteed by the laws of Ukraine «On State Protection of Employees of Courts and Law Enforcement Agencies» and «On the State Criminal and Executive Service of Ukraine».

It was concluded that the fact of recognition of bodies and institutions for the execution of punishments, remand prisons as law enforcement agencies of Ukraine does not contradict Art. 71 of the European Penitentiary Rules, since this international norm binds the penitentiary department not to law enforcement activities, but to some departments, which, according to the international public opinion, are not compatible with penitentiary practice.

A caveat has been made that in case of exclusion a law enforcement status from the sphere of activities of the SCES of Ukraine, its personnel will lose the currently existing social and legal protection, which will put them in an increased degree of danger from the specifics of criminal and executive legal relations related to direct contact with convicts and remand prisoners.
Сrime related to domestic violence, as a reason for assigning one or more restrictive measures to a person
Authors: Kovalyk Y.М.
Published: September 2022

The scientific article is devoted to the study of the concept of "crime related to domestic violence", which today the legislator regulated in the provisions of Article 91-1 of the Criminal Code of Ukraine "Restrictive measures applied to persons who have committed domestic violence". An analysis of legislative and theoretical approaches to the definition of the above-mentioned concept was performed. It was found that today there is already a unity in the understanding of the crime related to domestic violence, as the reason for assigning one or more restrictive measures to a person.

At the same time, it is pointed out that it is hard to name all possible types of crimes related to domestic violence, which are included in the Special Part of the Criminal Code of Ukraine. Since mostly it will depend on the actual circumstances of the socially dangerous act committed by the person. However, this scientific article points out those types of crimes where the legislator already provided one or more signs of domestic violence, for example Article 126-1 of the Criminal Code of Ukraine "Domestic violence", part two of Article 152 of the Criminal Code of Ukraine "Rape" and part two of the Article 153 of the Criminal Code of Ukraine "Sexual violence". Along with this, there is also a list of crimes where signs of domestic violence may be present.

It is noted that despite the existence of the concept of criminal offense in the Criminal Code of Ukraine, which includes crimes and misdemeanor, the legislator in Article 91-1 of the Criminal Code of Ukraine "Restrictive measures applied to persons who have committed domestic violence" uses only the term "crime, related to domestic violence".  Taking it into consideration, there is a need to implement the possibility of assigning person one or more restrictive measures when misdemeanor was committed.

In conclusion, the author's definition of the crime related to domestic violence is provided, with an indication of two constitutive features: the form that must be inherent in domestic violence (physical, sexual, psychological or economic), and a defined circle of persons.
Examination in criminal proceedings: main problems and ways of their solution
Authors: Hryha M.
Published: September 2022

The article, based on the analysis of current criminal procedural legislation, scientific sources, as well as the practice of conducting investigations in criminal proceedings, singles out the main problematic aspects of this investigative action and suggests ways of their possible solution. Emphasis is placed on the fact that the legal regulation of education within the limits of Art. 241 of the Criminal Procedure Code of Ukraine in certain provisions needs improvement due to insufficiently clear and unambiguous wording of some positions, which causes certain complications in their implementation in practice. Attention was drawn to the narrowed formulation of the purpose of study in Part 1 of Art. 241 of the Criminal Procedure Code of Ukraine, which may lead to the recognition of the evidence obtained as a result of this investigative action as inadmissible, because in addition to the goal of finding traces fixed in the norm, investigators in practice carry out their fixation and extraction. The prosecutor's exclusive authority to make a decision on conducting an investigation is recognized as a drawback, since this procedural mechanism from the point of view of practical implementation causes a significant loss of time, and in practice, an investigation often requires an urgent and urgent implementation. The problematic aspects of investigation related to conduct of this investigative action with the use of coercion against person under investigation, the implementation mechanism of which in some parts does not ensure compliance with procedural guarantees of individual rights, have been studied. In part of study of the proposal of some scientists regarding the possibility of establishing during the examination the presence of a person in a state of alcohol intoxication, it was determined that the establishment of the state of a person's body (in particular, intoxication, narcotic excitement, etc.) requires the use of special knowledge and should be decided by conducting a forensic examination examination, and not during examination. Emphasis is placed on the problems of the procedural design of the examination conducted by other subjects (expert, doctor), in cases when investigator cannot be present during the investigation. Based on the proposals made by scientists, ways of solving the above-mentioned problems are summarized.
Geneza of the legislation on the implementation of the right to an effective means of legal protection in pre-trial proceedings in the criminal process of Ukraine
Authors: Osadchii P.
Published: September 2022

The right to an effective means of legal protection, as a fundamental one within the framework of international national criminal procedural legislation, requires effective mechanisms for the realization of this right. An analysis of the practice of the European Court of Human Rights, whose activity is aimed at monitoring the implementation of the rights and freedoms provided for by the Convention on the Protection of Human Rights and Fundamental Freedoms, is useful in the research topic. The scientific article highlights the genesis of the legislation on the implementation of the right to an effective means of legal protection in pre-trial proceedings in the criminal process of Ukraine.The purpose of the article is to consider the legislation on the right to an effective remedy in retrospect, with an emphasis on the main normative legal acts, which contain provisions on the implementation of the right to an effective remedy in pre-trial proceedings in the criminal process of Ukraine. An important aspect in realizing the right to an effective means of legal protection is the legal basis of such activity. In particular, the study of the genesis of the legislation of this right indicates the development of mechanisms for its implementation, which subsequently creates grounds for evaluating their effectiveness and quality. The need to coordinate the state's guarantee of a number of human and citizen rights and freedoms, in particular within the criminal process, determines the need to improve the theory of guarantees of the rights and basic freedoms of the individual, as well as the concomitant formation and development of normative, law enforcement and other practices in order to increase the effectiveness of the functioning of human rights mechanisms . The author of the scientific article put forward the idea that the assessment of the quality of the mechanisms for ensuring the implementation of any right calls for a study of the genesis of legislation, in particular criminal procedural law. Taking into account the fact that law-making processes in the field of streamlining mechanisms for the realization of the right to an effective means of legal protection take place both at the international and national levels, the author refers to the fundamental documents, which, in fact, established the need for the formation and development of such mechanisms.
Constitutional and legal status of military chaplains in Ukraine
Authors: Kaplii O.V.
Published: September 2022

The realities of modern Ukraine are conditioned by the denial and reassessment of values inherited from the Soviet past, the search for new democratic ways of preserving and transmitting cultural experience, associated with the decline of previous ones and the simultaneous emergence of other, new European socio-cultural structures. The socio-cultural activity of social subjects regarding the creation of this new system of cultural values takes place against the background of complex and contradictory foreign and domestic political processes in the conditions of a large-scale war as a result of the military aggression of the Russian Federation on February 24, 2022, and as a result of fundamental changes in state-church relations.The topicality of the topic is due to the fact that one of the key issues of military-religious relations in Ukraine is the introduction of the institute of military clergy in the Armed Forces of Ukraine (hereinafter – the Armed Forces). Considering the high level of religiosity of the population in Ukraine in general and in the Armed Forces in particular, the need to have military chaplains in the army to ensure the satisfaction of the religious needs of servicemen is becoming urgent.In order to achieve the specified goal, the article: researched the conceptual and categorical apparatus and clarified the concept of freedom of worldview and religion, the functional duties of the military chaplaincy in Ukraine are defined, the state of formation of the regulatory framework regarding the activities of military chaplains in the conditions of martial law was characterized and proposals for its improvement were developed.
The genesis of the legal regulation of migration control in the EU countries and the impact on this process of the military invasion of the russian federation on the territory of independent Ukraine
Authors: Gerych A.Y.
Published: September 2022

The article is devoted to the study of legal regulation of migration control, security, legal regulation of asylum, integration of immigrants, etc. in EU countries, as well as its generalization and identification of stages of development of suchregulation. It is established that, in general, there are four such stages: 1) from the beginning of the formation of the European Community to the end of the 1960s; kin. 60’s - 70’s of the XX century .; 80 years of the twentieth century. - zero years of theXI century; 4) since the 10 years of the XI century. It was established that at the first stage of the formation of the European Community migration policy was not relevant in the legal regulation.

It is researched that the beginning of the second stage is connected with the adoption in 1968 of the Regulation «On freedom of movement of workers within the community», which aimed to create incentives for mobility and flexibility of labor migrationwithin European education. This Regulation provides for the elimination of any discrimination on grounds of nationality between workers of the Member States in respect of employment, remuneration and other conditions of work and employment.

It was determined that in the third stage migration of economic-social migration was transferred to the sphere of politics. An important factor in the politicization of migration has been the use of an asylum institute for immigration purposes as an alternative way of economic immigration to EU countries. This period is characterized by the interstate cooperation of European countries within the framework of the Task Force on Immigration (Trevi) and the Schengen Group, as well as with functional organizations such as the police, the Schengen Agreement on the free crossing of borders between the participating countries and the abolition of border controls in Maastricht the definition of migration, asylum and refugees became part of theThird Pillar and the Treaty of Amsterdam, where sections of the Third Pillar concerning immigration, asylum and refugees as were komunitaryzovani.It is concluded that the European Union countries are in the fourth stage of the development of legal regulation of migration control, which began with the migration crisis of 2014-2015, but has not yet been resolved with the problems and challengesfaced by the participating countries.
Humanism as a philosophical and legal category in the conditions of the formation of a new paradigm in law
Authors: Byelov D. , Hromovchuk M.
Published: September 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 have become an essential attribute of a democraticstate governed by 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 on which 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, selfsufficient and self-aware value. Humanism expresses the attitude to man in at least two ways: Thus, humanism is a certain moral requirement for humanbehavior, is a certain category of moral awareness of man of the highest social value in the state.
Civil and legal principles of the exercise of personal nonproperty rights by religious organizations
Authors: Rogach O.Ya. , Menzhul M.V.
Published: September 2022

The article provides a thorough analysis of the legal basis for the exercise of certain personal non-property rights of religious organizations, taking into account modern challenges. The position that there is no need to clearly define the system of rights of religious organizations, but on the contrary, to leave the list open with simultaneous regulation of the criteria for limitingthe rights of religious organizations by the state, is substantiated.Some aspects of the exercise of the right to name by a religious organization have been studied. The practice of enshrining in the charters of religious organizations information about the type of religious organization, its religious affiliation and location was analyzed. It has been proven that the introduction of changes to the legislation in 2018 was justified, according to which religious organizations had to make changes to their names, which should reflect affiliation to a religious association outsideof Ukraine, in a state that carried out military aggression against Ukraine and or temporarily occupied part of its territory.

The rights of religious organizations to carry out religious activities, to participate in public life, and to use mass media were analyzed. Particular attention is paid to the practice of resolving disputes between religious organizations regarding theirexercise of the right to hold religious services and religious ceremonies in a religious building claimed by several religious organizations. When resolving such disputes, the courts adhere to the principle of equality and non-discrimination, granting the alternate right to conduct religious services and religious ceremonies to each religious organization. The judicial practice in the issue of resolving disputes when a religious organization changes its subordination in canonical and organizationalmatters is analyzed.It is substantiated that the exercise of personal non-property rights of religious organizations in the conditions of the war with the russian federation became particularly acute, including regarding the name, as well as changing the subordination of the religious community in canonical and organizational matters, re-election of governing bodies, etc.
On the issue of criminal liability for crimes committed out of hatred
Authors: Sukhorebra T.I. , Pankevich V.M.
Published: September 2022

In this article the author is conducts the analysis of norms of the criminal legislation of Ukraine in the field of criminal legal counteraction to the violation of the constitutional principle of equality and tolerant attitude towards different social groups of people.        It was determined that in order to effectively protect social relations in the sphere of ensuring full and unhindered implementation of the principle of equality, as well as tolerant relations of representatives of various social groups, the national legislation contains a system of criminal law norms in this sphere. However, the available analytical and statistical data indicate an annual increase in the number of both registered and latent criminal offenses committed out of hatred for representatives of certain social groups, at the same time, the number of criminal proceedings sent to the court and considered on the merits is insignificant, which is due, among other things, to the imperfection of the norms of criminal legislation.        It is noted that the world community has developed a large number of normative legal acts in the field of ensuring equality and tolerance. The national mechanism for protection of equality and tolerant attitude towards different social groups includes the system of criminal law norms, which are located in the General and Special parts of the Criminal Code of Ukraine.        It was noted that in accordance with the content of the system of criminal legal norms, which ensure the protection of equality and tolerant attitude towards different social groups, the legislator uses different terms for the description in the text of the normative legal act. In particular, "on the basis of racial, national, religious enmity or discord or on the basis of sexual affiliation", "inciting national, regional, racial or religious enmity and hatred", "on the grounds of racial, national or religious intolerance", which, due to their synonymous the content does not quite meet the requirements for legal language and technique regarding legal certainty.        It was concluded that a common term used, by the way, not only by the legal institutions of the European Union, but also of the United States of America, is the commission of a crime motivated by hatred of various social groups. Therefore, with the aim of harmonizing domestic legislation with the legal field of the European Union, improving the effectiveness of law enforcement, the terms: "enmity", "intolerance", "discord" in the relevant articles of the current Criminal Code of Ukraine should be changed to the term "hate".
The role of the UN and its structures in ensuring transitional justice in post-conflict states
Authors: Teplytska N.
Published: September 2022

Helping societies affected by conflict or emerging from oppressive rule to restore the rule of law and come to terms with widespread human rights abuses, particularly in the context of broken institutions, depleted resources, deteriorating security, and public anxiety and disunity, represents an enormous the problem Transitional justice aims to ensure recognition of victims, strengthen individuals' trust in state institutions, strengthen respect for human rights and promote the rule of law as a step towards reconciliation and prevention of further violations.

Transitional justice processes have repeatedly demonstrated that they can help resolve problems and differences. To this end, such processes should be context-specific, state-responsive, and victim-focused. Then they can unite, empower and transform societies and thus contribute to lasting peace.

For the United Nations system and structure, transitional justice is the full range of processes and mechanisms involved in society's attempt to come to terms with the legacy of massive past abuses in order to ensure accountability, serve justice and achieve reconciliation. Transitional justice processes and mechanisms are a critical component of the United Nations system and structure to strengthen the rule of law.

United Nations rule of law and transitional justice activities include developing standards and best practices, assisting in the development and implementation of transitional justice mechanisms, providing technical, material and financial support, and promoting the mainstreaming of human rights and transitional justice in peace agreements.
Mustafa Kemal Paşa ve Milli Mücadele Liderleri Ekseninde Halifeliğin Kaldırılması Tartışmaları
Authors: KIRMIT Ömer Faruk
Published: September 2022

Halifelik, dört halifeden sonra saltanata dönüşmüş ve siyasi bir kimlik kazanmıştır. Halifelik, son olarak Yavuz Sultan Selim’in 1517’de Mısır seferinden sonra Osmanlı Devleti’ne geçmiştir. 1 Kasım 1922 tarihinde saltanat kaldırılmış ve bir yıl sonra 29 Ekim 1923 tarihinde Cumhuriyet ilan edilmiştir. Türkiye, 3 Mart 1924 tarihinde, 14 asır boyunca devam eden halifelik kurumunu kaldırmıştır. Halifeliğin kaldırılması yakın tarihin en önemli olaylarındandır. Günümüze kadar, Milli Mücadele’nin önde gelen Paşalarıyla Rauf Bey’in Mustafa Kemal Paşa ile arasında yaşadıkları tartışmalar, kapsamlı şekilde ele alınmasına rağmen halifeliğin kaldırılması olayında yapılan çalışmalar incelendiğinde, onların arasında vuku bulan gelişmelerin yüzeysel kaldığı ve yeteri kadar ele alınmadığı görülmüştür. Bu nedenle çalışmanın amacı, o dönem yaşanan olayları kapsamlı şekilde ele alarak, tespit etmek ve anlatmaktır. Ağırlıklı olarak, saltanatın kaldırılmasından sonra Kazım Karabekir Paşa, Refet (Bele) Paşa, Ali Fuat (Cebesoy) Paşa ve Rauf (Orbay) Bey’in halife etrafında birleşmeye çalışmalarına yönelik tartışmalar incelenmiştir. Paşalarla Rauf Bey’in halifeliğin kaldırılmasına yönelik tepkilerinin nasıl olduğu hakkındaki değerlendirmeler üzerinde durulmuştur. Bu çalışmada genel olarak tarihsel araştırma yöntemi uygulanmıştır. Çalışmada, arşiv belgeleri, hatıratlar, dönemin gazeteleri ve çeşitli telif-tetkik eserler kullanılmıştır. Çalışmanın sonucunda, Mustafa Kemal Paşa’nın yapmış olduğu inkılapların, buna halifeliğin kaldırılması olayı da dahil olmak üzere, Paşalar ve Rauf Bey tarafından tam manasıyla anlaşılamadığı ve içselleştirilemediği görülmüştür.